HomeMy WebLinkAboutAgenda Packet - February 16, 2010 - CCC(0)NSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, ASSISTANT CITY MANAGERMUBLIC WORKS DIRECTOR
f02/
VIA: M. DELACII, CITY MANAGER
DATE: FFBRUA.RY .i 6, 2010
SUBJECT: CIP 661101; AZUSA SCHOOLS TLC PROGRAM: AUTHORIZATION TO
ENTER INTO A PROFESSIONAL SERVICES AGREEMENT --
TOPOGRAPHIC SURVEY AND MAPPING SERVICES FOR CERRITOS
AVENUE BETWEEN FOOTHILL BOULEVARD AND HOLLYVALE
STREET AND FIFTH STREET BETWEEN ROCKVALE AND 300' WEST OF
CERRITOS AVENUE.
RECOMMENDATION
It is recommended that the City Council authorize staff to eater into a professional services
agreenient with Rick. Engineering Company for a not to exceed fee of: $11,489 to provide
topographic survey acid mapping services for Cerritos Avenue between Foothill Boulevard and
Hollyvale Street and Fifth Street between Rockvale and 300' west of Cerritos Avenue to support
design of the contract documents for CIP #661101; Azusa Schools TLC
BACKGROUND
The Federal Safe Routes to School (SRTS) program awarded $46 million in. projects for Cycle 2.
The Public Works Department applied for grant funds =d will receive $102,720 of Federal Safe
Routes to School (SRTS) fitnds. The project for the grant application was entitled "Azusa
Schools TLC Program." A portion of the referenced project is the street segmeni of Cerritos
Avenue and the intersection. of Cerritos Avenue and Fifth Street where street and. ADA
improvements are proposed. Public Works met with the Azusa Unified School District staff to
review the design and formulate improvements, Improvements shall include; narrowing the east
side of Cerritos Avenue to restrict areas of double parking and student drop offs, construct new
ADA ramps, re -stripe the intersection and potentially construct a median with a short fence that
will preclude pedestrians from, crossing the street at the mid -block. The preliminary schedule is
for construction daring the summer of 2010. However, because we have to work with Caltrans,
there may be some delays that could push construction to a later date.
The Public. Works Department requires topographic survey and mapping services to support
design to prepare contract documents for the improver -lents of Cerritos Avenue and the
intersection of Cerritos Avenue and Fifth Street.
On December 21, 2009, City Council authorized staff to solicit proposals for this topographic
survey and upping services and to amend die FY 2009110 Capital Improvement Plan to include
the Project as CIP 4661401, Azusa Schools TLC Program. The bid opening was conducted on
January 25, 2010. Staff received 2 proposals from qualified firms:
Rick Engineering Co. $10,445
N4VE Civil Solutions S19,700
After an evaluation by the engineering staff, Rick Engineering Company is recommended to
perform the requested services,
DISCAL .IMPACT
The professional services agreement will be for a not to exceed fee of S 11,489 which includes
10% for potential change orders. Funds for the topographic survey and snapping services are
available from Fund. 12, Gas Tax.
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ZUSNI
AGENDA
REGULAR MEETING OF THE CITY COUNCIL,
AND THE REDEVELOPMENT AGENCY
AZUSA AUDITORIUM TUESDAY, FEBRUARY 16, 2010
213 EAST FOOTHILL BOULEVARD 6:30 P.M.
AZUSA CITY COUNCIL
JOSEPH R. ROCHA
MAYOR
KEITH HANKS ANGEL CARRILLO
COUNCILMEMBER COUNCILMEMBER
URIEL E. MACIAS ROBERT GONZALES
MAYOR PRO-TEM COUNCILMEMBER
NOTICE TO THE PUBLIC
Copies of staff reports or other written documentation relating to each item of business referred to on the Agenda
are on file in the Office of the City Clerk and are available for public inspection at the City Library.
Persons who wish to speak during the Public Participation portion of the Agenda, shall fill out a card requesting to
speak and shall submit it to the City Clerk prior to the start of the City Council meeting. When called, each person
may address any item on or off the agenda during the public participation.
6:30 P.M.
CLOSED SESSION
1. REAL PROPERTY NEGOTIATIONS (Gov. Code Sec. 54956.8)
Agency Negotiators: City Manager Delach and Assistant City Manager Makshanoff
Under Negotiation: Price and Terms of Payment
a. TALLEY PROPERTY
Address: 619 - 621 N. Azusa Avenue, Azusa
Negotiator: 621 Talley LLC
02/16/10 - 1 -
b. Address: 809 and 813 N. Dalton Avenue
Negotiating Parties: O'Bryant, Steven and Wetsfall, Betty(Owner)
c. Address: 820 and 822 N. Alameda Avenue
Negotiating Parties: Carlos E. Garcia (Owner)
d. Address: 817 N. Dalton Avenue and 262—284 E. Ninth Street
Negotiating Parties: Ernest L. Jackson and David E. Jackson (Owner)
e. Address: 824 N. Alameda Avenue
Negotiating Parties: Roberto Arzate (Owner)
f. Address: APN# 8608-027-902 (MTA Site)
Negotiating Parties: LACMTA (Owner)
g. DOWNTOWN NORTH A2 & A3 Site
Addresses: 858 N. Azusa Avenue, Azusa, CA
832 N. Azusa Avenue, Azusa, CA
826 N. Azusa Avenue, Azusa, CA
812 N. Azusa Avenue, Azusa, CA
830 N. Azusa Avenue, Azusa, CA
801 N. Alameda Avenue, Azusa, CA
810 N. Alameda Avenue, Azusa, CA
803 N. Dalton Avenue, Azusa, CA
805 N. Dalton Avenue, Azusa, CA
Negotiating Parties: City Manager Delach and Assistant City Manager Makshanoff
2. CONFERENCE WITH LEGAL COUNSEL GOVERNMENT CODE SECTION 54956.9(b)-
Significant Exposure to Litigation and (c) —Potential Initiation of Litigation. One case.
Any person wishing to comment on any of the Closed Session items listed above may do so now.
7:30 P.M. - REGULAR MEETING OF THE CITY COUNCIL.
1. Call to Order
2. Pledge to the Flag
3. Invocation— Pastor Wayne Leamons of Bread of Life
A. PUBLIC PARTICIPATION
(Person/Group shall be allowed to speak without interruption up to five(5)minutes maximum time, subject
to compliance with applicable meeting rules. Questions to the speaker or responses to the speaker's
questions or comments shall be handled after the speaker has completed his/her comments. Public
Participation will be limited to sixty (60) minutes time.)
B. REPORTS, UPDATES, AND ANNOUNCEMENTS FROM STAFF/COUNCIL
1. Mayor Rocha — Request for Certificate of Recognition to Jousce Gonzalez for winning boxing
championship.
2. Request for Certificates of Recognition for SCMAF/San Gabriel Valley Flag Football Champions. (To be
presented at the meeting of March 1, 2010).
02/16/10 - 2 -
C. SCHEDULED ITEMS
1. LOS ANGELES COUNTY FIRE DEPARTMENT WEED ABATEMENT PROTEST HEARING.
RECOMMENDED ACTION:
a. Conduct an informal protest hearing and refer property owners with objections to the Los Angeles County
Fire Department Brush Clearance Office for consideration. b. Approve the motion and abatement order
directing abatement of the nuisance by removing all weeds and rubbish from the affected improved parcels.
2. PUBLIC HEARING—ON A CITY INITIATED REQUEST TO AMEND VARIOUS SECTIONS OF
CHAPTER 88,"DEVELOPMENT CODE,MARCH 2005"(2005 CODE)OF THE CITY OF AZUSA
MUNICIPAL CODE.
RECOMMENDED ACTION:
Open the Public Hearing; receive testimony, close the Hearing. Approve Development Code Amendment
228.
3. PUBLIC HEARING — ON AN ORDINANCE AMENDING CHAPTER 88.34 OF THE AZUSA
MUNICIPAL CODE PERTAINING TO WATER EFFICIENT LANDSCAPING
RECOMMENDED ACTION:
Open the Public Hearing; receive testimony, close the Hearing. Waive further reading and introduce the
proposed Ordinance amending Chapter 88.34 of the Azusa Municipal Code establishing guidelines for the
implementation of the City of Azusa Water Efficient Landscaping regulations.
D. CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If
Councilmembers or Staff wish to address any item on the Consent Calendar individually, it will be
considered under SPECIAL CALL ITEMS.
1. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 1, 2010 AND
THE SPECIAL MEETINGS OF JANUARY 11TH AND 25TH, 2010.
RECOMMENDED ACTION:
Approve Minutes as written.
2. HUMAN RESOURCES ACTION ITEMS.
RECOMMENDED ACTION:
Approve Personnel Action Requests in accordance with Section 3.3 of the City of Azusa Civil Service Rules
and applicable Memorandum of Understanding(s).
02/16/10 _ 3 -
3. ADOPTION OF A RESOLUTION IN SUPPORT OF THE APPLICATION FOR GRANT FUNDS
FOR THE CALIFORNIA STATEWIDE PARK DEVELOPMENT AND COMMUNITY
REVITALIZATION PROGRAM OF 2008 FOR PLAYGROUND IMPROVEMENTS AT
NORTHSIDE AND ZACATECAS PARKS
RECOMMENDED ACTION:
Adopt Resolution No. 10-C12, in support of the subject project.
4. DISPOSITION OF SURPLUS VEHICLES
RECOMMENDED ACTION:
In accordance with Section 2-525(b)of the Azusa Municipal Code, approve the disposal of one(1) surplus
Telescopic Articulating Aerial Device(Bucket Truck), one(1) surplus Ford F-250 Pick-up Truck, and one
(1) surplus Ford Ranger Pick-up Truck.
5. RECOMMENDATION TO CITY COUNCIL TO WAIVE THE FORMAL BIDDING PROCESS
AND AUTHORIZE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY AND WEST COAST ARBORIST INC.
RECOMMENDED ACTION:
Waive formal bidding per Azusa Municipal Code: 2-523 (g) when the authorized contracting party
determines that a competitive bid procedure has been conducted by another public agency and the price to
the City is equal to or better than the price to that public agency. Authorize the City Manager to execute a
new three year agreement with a possible two year extension between the City and West Coast Arborist Inc.
6. AWARD OF CONTRACT- POLICE STATION PLUMBING REPLACEMENT (CIP#'31010B).
RECOMMENDED ACTION:
Award a contract to Roberts Plumbing Company of Azusa, California in the amount of$17,600 for the
replacement of multiple valves and water lines at the Azusa Police Station (CIP #3101 OB).
7. CIP 66110I; AZUSA SCHOOLS TLC PROGRAM: AUTHORIZATION TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT- TOPOGRAPHIC SURVEY AND MAPPING
SERVICES FOR CERRITOS AVENUE BETWEEN FOOTHILL BOULEVARD AND
HOLLYVALE STREET AND FIFTH STREET BETWEEN ROCKVALE AND 300' WEST OF
CERRITOS AVENUE.
RECOMMENDED ACTION:
Authorize staff to enter into a professional services agreement with Rick Engineering Company for a not
to exceed fee of$11,489 to provide topographic survey and mapping services for Cerritos Avenue
between Foothill Boulevard and Hollyvale Street and Fifth Street between Rockvale and 300' west of
Cerritos Avenue to support design of the contract documents for CIP #66110I; Azusa Schools TLC
02/16/10 -4-
8. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE CITY.
RECOMMENDED ACTION:
Adopt Resolution No. 10-C13.
E. JOINT CITY/AGENCY AGENDA ITEM
1. LOAN AGREEMENT AND BUDGET AMENDMENT FOR SUPPLEMENTAL EDUCATIONAL
REVENUE AUGMENTATION FUND (SERAF) PAYMENT
RECOMMENDED ACTION
Adopt Resolution(s)No. 10-R7, and No. 10-C14, approving the agreement with the City to loan funds to
the Agency to pay the Supplemental Education Revenue Augmentation Fund (SERAF) obligation; Adopt
Resolution(s)No. 10-C15,and No. 10-R8, approving the budget amendment of$2,491,858;and authorize
execution of the necessary documents by the City Manager/Executive Director.
F. AGENCY SCHEDULED ITEMS
1. FINANCING ACTIVITIES OUTSIDE OF THE MERGED PROJECT AREA.
RECOMMENDED ACTION:
Adopt Resolution No. 10-R9, authorizing financing activities outside of the Merged Project Area and
making certain findings as to the benefit of these activities to the Redevelopment Project.
2. TERMINATION OF THE SECOND EXCLUSIVE NEGOTIATION AGREEMENT BY AND
BETWEEN THE AGENCY AND LEWIS INVESTMENT COMPANY AND APPROVING AN
ASSIGNMENT AGREEMENT FOR THE ACQUISITION OF THE O'BRYANT PARCEL(APNs#
8608-027-002 AND 003)
RECOMMENDED ACTION:
Adopt Resolution No. 10-R10, approving to terminate the Second Exclusive Negotiation Agreement
("ENA") by and between the Agency and Lewis Investment Company and approve the Assignment
Agreement between the same parties for the acquisition of the O'Bryant parcels(APNs#8608-027-002 and
003)by the Agency. Waive further reading and adopt Resolution No. 10-R11, approving an appropriation
amendment for the acquisition of the O'Bryant property.
02/16/10 - 5 -
G. AGENCY CONSENT CALENDAR
The Consent Calendar adopting the printed recommended actions will be enacted with one vote. If
Boardmembers or Staff wish to address any item on the Consent Calendar individually, it will be
considered under SPECIAL CALL ITEMS.
1. APPROVAL OF MINUTES OF THE REGULAR MEETING OF FEBRUARY 1, 2010.
RECOMMENDED ACTION:
Approve Minutes as written.
2. WARRANTS. RESOLUTION AUTHORIZING PAYMENT OF WARRANTS BY THE AGENCY.
RECOMMENDED ACTION:
Adopt Resolution No. 10-R12.
H ADJOURNMENT
1. Adjourn.
UPCOMING MEETINGS:
February 22, 2010, Utility Board Meeting—6:30 p.m. Light and Water Conference Room
March 1, 2010, City Council Meeting—6:30 p.m. Azusa Auditorium
March 15, 2010, City Council Meeting—6:30 p.m. Azusa Auditorium
March 22, 2010,Utility Board Meeting—6:30 p.m. Light and Water Conference Room
March 22, 2010, Special Meeting—Mid Year Review—Immediately following Utility Board Meeting
In compliance with Government Code Section 54957.5, agenda materials are available for inspection by
members of the public at the following locations: Azusa City Clerk's Office-213 E. Foothill Boulevard,Azusa
City Library- 729 N.Dalton Avenue,and Azusa Police Department Lobby- 725 N.Alameda,Azusa, California.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a city
meeting,please contact the City Clerk at 626-812-5229. Notification three(3) working days prior to the meeting
when special services are needed will assist staff in assuring that reasonable arrangements can be made to
provide access to the meeting.
02/16/10 - 6 -
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AZUSA
AGENDA ITEM
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: KURT CHRI. ►,: 0 N, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTO' $r
VIA: 1."10DTLACH, CITY MANAGER
DATE: FEBRUARY 16, 2010
SUBJECT: LOS ANGELES COUNTY FIRE DEPARTMENT WEED ABATEMENT
PROTEST HEARING
RECOMMENDATION
It is recommended that the City Council:
1. Conduct an informal protest hearing and refer any property owners with objections to the
Los Angeles County Fire Department Brush Clearance Office for consideration.
2.Approve the motion and abatement order directing abatement of the nuisance by removing
all weeds, and rubbish from the affected improved parcels.
BACKGROUND
On February 1, 2010, the City Council adopted Resolution No. 10-C9 declaring certain improved
land parcels within the City a public nuisance due to recurring weed growth and/or the presence of
rubbish. Pursuant to the Resolution,a protest hearing is required to afford affected property owners
an opportunity to voice their objections. The owners of all affected parcels have been notified by the
Los Angeles County Fire Department of the date and time for the protest hearing. This process is a
ministerial duty by the City Council and is required under provisions of state and local laws. Staff
has attached copies of the Resolution adopted February 2, 2009, for Council review.
FISCAL IMPACT
The costs of weed abatement services are part of the City's contractual costs with the Consolidated
Fire Protection District. In the event abatement work occurs on privately owned properties,the costs
are recovered through the Los Angeles County Board of Supervisors.There are no added direct costs
or additional fiscal impacts to the city for this service.
Attachment: Resolution and Exhibit
RESOLUTION NO. 10-C9
RESOLUTION OF THE CITY OF AZUSA
DECLARLNG PUBLIC NUISANCES
WHEREAS, hazardous brush,dry grass, weeds,combustible growth or flammable
vegetation,to include native and ornamental vegetation,where growing upon improved real
property often attain such growth as to become, when dry, a fire menace to the improved real
property or adjacent improved parcels or which are otherwise noxious or dangerous; and,
WHEREAS,the presence of hazardous brush, dry grass,weeds,combustible growth or
flammable vegetation,to include native and ornamental vegetation,upon improved real property
are conditions which endanger the public safety and constitute public nuisances which must be
abated; and,
WHEREAS,the City of Azusa has a duty to protect the public safety and to take any and
all actions necessary to abate the above-described public nuisances; and,
WHEREAS,the Consolidated Fire Protection District of Los Angeles County
(County of Los Angeles Fire Department) will conduct annual inspections to verify existing
hazards and public nuisances of hazardous brush,dry grass,weeds,combustible growth or
flammable vegetation,to include native and ornamental vegetation,upon the hereinafter
described real property; and
WHEREAS,Part 5,Division 12,of the California Health and Safety Code(Sections
14875 through 14922,inclusive),authorizes the City Council,by resolution,to declare public
nuisances and to authorize the abatement thereof.
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Azusa as
follows:
SECTION I. Council Findings. The City Council of the City of Azusa hereby finds
that hazardous brush, dry grass,weeds,combustible growth or flammable vegetation,to include
native and ornamental vegetation,upon each improved parcel of real property hereinafter
described in Exhibit 1 (collectively the"Real Property"), as verified by inspection by the County
of Los Angeles Fire Department, are hereby declared to be public nuisances which should be
abated.
SECTION 2. Notice. (a)The Fire Chief of the County of Los Angeles Fire Department
(the"Chief) is hereby designated,authorized, and directed to give notice to destroy said
hazardous brush,dry grass,weeds,combustible growth or flammable vegetation,to include
native and ornamental vegetation,upon the Real Property.
(b)Not less than 10 days prior to the 16th of February,2010,the Chief shall cause notice
to be given to each Real Property owner by mail as their names and residential addresses appear
from the last equalized assessment roll,or as they are known to the Assessor,and said notice shall
be substantially in the form as provided in Exhibit 2 of this resolution.
-1 -
SECTION 3. Hearing. Tuesday,the 16th of February 2010, at the hour of 7:30 p.m.,in
the Council Chambers of City of Azusa,located at 213 East Foothill Boulevard, is fixed by the
City Council as the date, time, and place when and where any and all owners of Real Property
having any objections to the proposed removal of ha7..ardous brush,dry grass,weeds, combustible
growth or flammable vegetation,to include native and ornamental vegetation, may appear before
the Brush Clearance Referee and show cause why said hazardous brush, dry grass,weeds,
combustible growth or flammable vegetation,to include native and ornamental vegetation, should
not be removed in accordance with this resolution. The objections of the Real Property owners
will then and there be heard and given due consideration.
SECTION 4. Recovery of Costs. (a)The Chief and the Agricultural Commissioner
are.hereby authorized and directed to recover abatement enforcement costs in a manner consistent
with prior action of the Board of Supervisors when they adopted an Administrative Penalty,an
Abatement Enforcement Cost,and an inspection fee for all Real Property when the owner fails to
comply with the second officialnotice to abate hazards on the Real Property described in Exhibit
1 and identified during physical inspection by the County of Los Angeles Fire Department. The
recovery of these costs is vital to the ongoing operation governing the identification and
abatement of those properties that constitute public nuisances and endanger the public safety.
(b) The owners of the Real Property,upon which the public nuisance exists, shall be
presented, both in writing and during the above referenced hearing before the Brush Clearance
Referee,with information regarding the cost of inspection and abatement enforcement.
PASSED AND ADOPTED this 1st day of February,2010.
•
fr....1,i yi , ,/2a
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J seph R. Rocha,Mayor
I HEREBY CERTIFY that the foregoing resolution no. 10-C9 was duly adopted
by the City Council of the City of Azusa at a regular meeting thereof on the 1st day of
February, 2010, by the following vote of the Council:
AYES: COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS,HANKS, ROCHA
NOES: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:NONE
ABSENT: COUNCILMEMBERS:NONE
-Th
/
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Vera Mendoza, City Clerk
2
EXHIBIT 'i
DESCRIPTION OF PROPERTIES
In accordance with Part 5, Division 12 of the California Health and Safety Code(commencing with
Section 14875), the Real Property, upon which a public nuisance exists, are hereby described in the
attached Declaration List of Properties.
•
• LW13 LOS ANGELES COUNTY DECLARATION LIST
PAGE
IN SE0 BY WEED-KEY, THEN PARCEL FO IMPROVED 1 DATE 12 11 09
ZONE CITY CODE STREET ADDRESS
PARCEL NO. KEY
06 050 541 CANYON HEIGHTS DR
06 050 543 CANYON HEIGHTS DR 8608 006 036 6 C
8608
06 05Q 563 E SIERRA MADRE AVE 8625 25 006 042 6 C
06 050 579 E SIERRA MADRE AVE 006' 006 9 C
06 050 595 E SIERRA MADRE AVE 8625 006 007 8 C
8625 006 008
06 050 611 E SIERRA MADRE AVE 7 C
06 050 627 E SIERRA MADRE AVE 8625 006 010 6 C
06 > 050 4001 FISH CANYON RD 8684 006 014 3 C
06 , 050 1455 N HILLTOP DR 8684 0080 0 001 3 C
8684 020
06 050 • 1465 N HILLTOP DR 3 C
06 050 1469 N HILLTOP DR • 8684 020 013 89
C
8684 020 014
06 050 8684 020 016 1471 N HILLTOP DR 6 C
06 050 1510 N SAN GABRIEL. CANYON RD 8 C
8684 020 022
06 050 1500 N SAN GABRIEL CANYON RD 8684 020023 7 C
06 050 1569 N VIEWCREST DR 1 1C
8684 0210
06 050 1561 N VIEWCREST DR 0 8684 021 011 90
11 C
06 050 1557 N VIEWCREST DRC
06 050. 1539 N VIEWCREST DR 8684 021 012 8 C
06 050 1533 N VIEWCREST DR 8684 021 014 6
C
8684 021 015 5
06 050 1790 SAN GABRIEL CANYON RDC
8684 023 013
fl6 050 1728 SAN GABRIEL CANYON RD 014 23 C
06 050 1724 SAN GABRIEL CANYON RD 8684 023 2 C
06 • 050 1720 SAN -GABRIEL CANYON RD 8684 023 015 8684 023 016 01
C
06 • 050 1830 N AZUSA AND SAN GABRIEL CAN 8684 023 017 9 C
06 050 2350 N SAN GABRIEL CANYON RD
06 - 050 1460 N HILLTOP DR 8684 034 004 5 C
8684 03 4
06 . 050 210 E VIEWCREST DR 010 9 C
8684 034 01
06 050 230 E VIEWCREST DR 0
3 C
8684 034 011
06 050 250 E VIEWCREST DR2 C
06 050 280 E VIEWCREST DR 8684 034 012 1 C
06 050 1481 N VISTA DEL CIR 8684 034 013 0 C
06 050 1450 N VISTA DEL CIR 8684 034 014 9 C
06 050 1433 N NOBHILL DR 8684 034 015 18
C
8684 034 020
06 050 1415 N NOBHILL DR021 1 C
06 050 285 E SIERRA MADRE AVE 8684 034 0 C
06 050 295 E SIERRA MADRE AVE 8584 034 027 4 C
8684 034 028
06 050 213 E SIERRA MADRE AVE3 C
06 050 389 E SIERRA MADRE AVE • 8684 034 034 5 C
06 050 333 E CLEARHAVEN DR • 8684 036 8684 0356 018 9 C
06 050 325 E CLEARHAVEN DR 0189 0 C
8684 036 010
06 050 311 E CLEARHAVEN DR 9 C
06 050 303 E CLEARHAVEN DR 8684 036 0201 6 C
8684 036 021
06 050 1589 N HILLTOP DR 5 C
06 050 1599 N VIEWCREST DR - 8684 036 022 4 C
06 050 1587 N VIEWCREST DR 8684 036 023 C
2
06 050 1575 N VIEWCREST DR 8684 036 024 2 C
06 050 1555 N HILLTOP DR - 8684 036 025 C
0
8684 036 034 0 C
LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE 2 DATE 12 11 09
IN SEQ BY WEED-KEY , THEN PARCEL FD IMPROVED
ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY
06 050 1543 N HILLTOP DR
06 050 1537 N HILLTOP DR 8684 036 035 9 C
8684 036 036
46 050 1531 N HILLTOP DR 8 C
06 050 1564 N HILLTOP DR 8684 036 037 7 C
8684 036 047 5 C
LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE 3 i;,t=TE 12 11 09
IN SEQ BY WEED-KEY , THEN PARCEL FD IMPROVED
ZONE CITY CODESTR_ T cE ADDRESS PARCEL ND, KEY
WEED KEY C TOTAL IMPROVED/VACANT RECORDS
0
WEED KEY C TOTAL IMPROVED RECORDS
51
WEED KEY C TOTAL RECORDS
51
EXHIBIT 2
NOTICE TO DESTROY HAZARDOUS BRUSH, DRY GRASS, WEEDS,
COMBUSTIBLE GROWTH OR FLAMMABLE VEGETATION,
TO INCLUDE NATIVE AND ORNAMENTAL VEGETATION
NOTICE IS HEREBY GIVEN THAT ON the 1st of February,2010, the City Council of Azusa
passed or will pass a resolution declaring that hazardous brush, dry grass,weeds, combustible
growth or flammable vegetation,to include native and ornamental vegetation, were growing upon
certain improved property as specifically described by parcel number in the resolution,to constitute
public nuisances which, after inspection by the County of Los Angeles Fire Department have been
verified to be existing public nuisances and in violation of the County of Los Angeles Fire Code (the
"Fire Code")pertaining to clearance of brush and vegetative growth. This brush and vegetative
growth must be removed and the public nuisance abated by the owner, or the County authorities
wilt abate the public nuisance and the cost of removal assessed upon the parcel, and such cost will
constitute a lien upon the parcel until paid. The City Council of the City of Azusa also authorized
and directed the County of Los Angeles Fire Department and the Agricultural Commissioner to
recover their costs related to the enforcement of the Fire Code. Reference is made to said
resolution for additional details.
-1-
All Parcel owners having any objection to the proposed removal of brush, dry grass,weeds,
combustible growth or flammable vegetation, to include native and ornamental vegetation, are
hereby notified that they may attend a meeting of the City Council of the City of Azusa to be held in
the Council Chamber of said city at 7:30 p.m. on February 16,2010. If the property owner does not
want to present objections to the proposed removal of hazardous brush, dry grass, weeds,
combustible growth or flammable vegetation, to include native and ornamental vegetation, or the
recovery of enforcement and abatement costs, he/she need not appear at the above-mentioned
meeting(s).
City Clerk of the City of Azusa
-2-
Dear Improved Property Owner: NOTICE TO DESTROY HAZARDOUS BRUSH,DRY GRASS,WEEDS,
This is not a citation or summons. This is the first brush clearance COMBUSTIBLE GROWTH OR FLAMMABLE VEGETATION TO
notice and a reminder that the County of Los Angeles Fire Department INCLUDE NATIVES AND ORNAMENTALS
will be conducting annual brush clearance inspections within the next few NOTICE is HEREBY GIVEN THAT ON FEBRUARY
months. 1, 2010, THE CITY COUNCIL OF THE CITY
OF AZUSA
The County Fire Code states that parcel owners are responsible Paned er veil pass a resolution declaring that hazardous brush.dry grass,weeds,combustible growth
or flammable vegetation to Melinda native and ornamental vegetation where growing upon or in front of
throughout the year for the maintenance of all brush, flammable
said improved properly as specifically dencrbed by patoel number in the resolution,to he a potential
vegetation (native andtor ornamental), and other combustible materials fee hazard or nuisance which.upon inspection by the County of Los Angeles Fie Department is
situated Oil their property. verified to be an existing hazard or nuisance and violation of the County Fire Code pertaining to
clearance of brush and vegetative growth, must be removed and the nuisance abated by the COUNTY OF LOS ANGELES FIRE DEPARTMENT
General clearing requirements are listed on the reverse side of this Agricultural Commissioner and the cost of removal assessed upon the land In addition.the Board PREVENTION BUREAU
notice. Please review these clearing requirements and take appropriate of Supervisors authorized and directed the County of Los Angeles Fire Department and BRUSH CLEARANCE UNIT
the Agricultural Commissioner to fewer their costs related to the enforcement of the fire code All
action prig to the annual inspection date for your area. Abatement of
property owners having objection to the removal of brush,dry grass.weeds,combustible growth 605 N.ANGELENO AVENUE
potential or existing hazards prior to the inspection saves the Fire or 'flammable vegetation including natives and ornamentals are hereby notified that they AZUSA.CA 91702-2904
Department and yourself valuable money and time and insures a safer may attend a brush clearance referee meeting CO in the Antelope Valley al the Los (626)969-2375
community. ANGELES COUNTY ADMINISTRATIVE BLDG., 335 A EAST AVE.N-6, LANCASTER, CA
93535,UN THURSDAY,FEBIIUARY 25,2010 AT 9:30 A.M.m (2)A MEETING OF THE
Inspections are scheduled to begin April 1 in the Antelope Valley,June 1 CITY COUNCIL OF SAID CITY TO BE HELD AT
in the Coastal Area, and May 1 in all other areas. It hazardous fire 213 E. FOOTHILL BLVD., AZUSA, CA
conditions exist on your property at the time of inspection,you will be 91702, IN THE COUNCIL CHAMBERS ON IMPROVED PROPERTY'
issued an Official Inspection Report which will indicate existing violations FEBRUARY 16, 2010 AT 7:30 P.M.
and provide specific clearing instructions and a compliance deadline. N N UAU N U
when Brei objections wtl be heard and given due consideration. 11 the property owner ones rid went •
Failure to comply with the Official Inspection Report issued at the time of to present objections to the proposed removal d hazardous brush,dry grass,weeds,combustible s
0 the inspection will result in the imposition of a$200 administrative growth or flammable vegetation,or the recovery of enforcement and abatement costs,hershe need NOTICE ®
penalty and an additional$648 special assessment on your annual tax "°1 appear ori the atx'vementiorled reran rg(s!.
bill as item CO FIRE ABMT ENF to recover the County of Los Angelesh,
Fire Department costs related to the enforcement of the Fire Code.
Additionally,it your parcel is inspected or cleared bythe Agricultural " r te ' V. MENDOZA
p g
Coitrmissioner,an inspection fee of$45.33 or the cleating costs will be y Lti-r, CITY CLERK
� PROPERTY DESCRIPTION
placed on your annual tax bill as item t.A CO/JAZ ABATE.
In most cases,it is more cost effective to do the work yourself or hire a
vendor to do the work.A vendor list is available at your local fire station.
For additional information regarding specific clearing requirements,
contact your local fire station or the Brush Clearance Unit at (626) sEQNM 553
969-2375.
$RUSH CLEARANCE REQUIREMENTS
•
Thousands of homes are in serious danger of destruction by fire because of their proximity to
brush-covered areas.Homes with wood shake roofs,wood siding,decks,patio covers or exposed .
eaves are particularly vulnerable to the spread of fire. Despite efforts by firefighters,wildland fires
• fanned by strong winds,can destroy homes: it is your legal respons?ility to take the necessary
action to clear vegetation around any given structures. A fire safe landscape creates a defensible
space to help protect against approaching wildfires. (
1.. All flammable vegetation identified as a fire hazard by the inspection officer shall be
mowed or cut to a stubble height of 3 inches,for 30 feet around any structure or 50.
feet in high hazard areas (County of Los Angeles Fire Code 317.2.2(2),317.2.3)..
2. Create a firebreak for the next 70 feet,for a total of 100 feet,around any structure
by clearing,trimming,thinning,cutting back and removing flammable vegetation.
For high hazard areas,.this distance can be increased to a maximum of 200 feet
(County of Los Angeles Fire Code 317.2.2(3),317.2.3).
3. Single specimens of trees,ornamental shrubbery,or ground covers are permissible,
provided that they do not form a means of transmitting fire from native growth to the
structure(County of Los Angeles Fire Code 317.2.2(2)).It is recommended that
specimens shall be spaced a minimum of 15 feet or 3 times their diameter from other
specimens,structures or surrounding native brush.
4. Access roads shall be maintained with a minimum of 10 feet of brush clearance
on each side. Fire access roads shall have an unobstructed vertical clearance clear
to the sky. Trees overhanging fire access roads shall be maintained to provide adequate
vertical clearance(County of Los Angeles Fire Code 31.7.10,503.1.11 through 503.6).
5. Provide a minimum of 3 feet of brush clearance around all fire hydrants(County of
Los Angeles Fire Code 508.5.5).
6. It is strongly recommended that all trees and shrubs shall be maintained free of dead
wood and litter.Trees and shrubs may be required to be trimmed up from the ground
1/9 of their height.
7. Trees are best trimmed during dormancy or during the winter months. Care should be
taken when trimming trees during the spring as this is the nesting season for many
species of birds. .
All plants will burn under extreme fire weather conditions.Fire resistant plants bum at a relatively
low intensity,at slow rates of spread and with short flame lengths.To best protect your home from
fire,It is recommended that fire resistant plants be used when landscaping.A list ofthese plants
can be obtained through the County of Los Angeles Fire Department,Brush Clearance Unit,
telephone number(626)969.2375.
BRUSH CLEARANCE MAINTENANCE IS A YEAR-ROUND RESPONSIBILITY
MINIMUM DISTANCES REQUIRED
EXTRA HAZARDOUS AREAS MAY REQUIRE 200 FEET OF CLEARANCE.
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NOTE: Small lots may mane these clearance di starves impossible.
You are only responsible to clear up to your property lines. Gesrancs
of property adjacent to your lot is the responsibility of the adjacent
property owner.
IF YOU ARE UNCLEAR AS TO THE CLEARANCE REQUESTED,PLEASE CONTACT YOUR LOCAL FIRE STATION
cos-rvaz;.n 1t:1071
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AZUSA
PUBLIC HEARING
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KURT CHRISTIANSEN, DIRECTOR OF ECONOMIC AND COMMUNITY
DEVELOPMENT
11/ roc'
VIA: .M DELACH, CITY MANAGER
DATE: FEBRUARY 16, 2010
SUBJECT: A CITY INITIATED REQUEST TO AMEND VARIOUS SECTIONS OF CHAPTER
88, "DEVELOPMENT CODE, MARCH 2005" (2005 CODE) OF THE CITY OF
AZUSA MUNICIPAL CODE.
RECOMMENDATION
Staff recommends that the City Council approve Development Code Amendment 228.
BACKGROUND
On April 19,2004,the City of Azusa adopted the current General Plan. While the General Plan sets the
basic framework for growth in the City,the zoning regulations found in the Development Code section
of the City of Azusa Municipal Code play a crucial role in implementing the concepts found in the
General Plan. On February 22,2005,the City of Azusa adopted a new Development Code to support the
new General Plan.
Since adoption of the new Development Code in 2005,various Development Code inconsistencies have
come to light. To address these inconsistencies, on July 17, 2006,the City Council approved Zoning
Code Amendment ZCA 221 which modified and clarified certain sections of the Development Code.
Since that time, staff has been compiling a list of additional Development Code "cleanup" items,
clarifications, and additions.
On December 16, 2009, the Planning Commission reviewed the proposed Zoning Code Amendment
ZCA 228 and recommended that the City Council approve the amendment.
DISCUSSION
The recommended adjustments and additions are organized by Articles(Chapters)of the Development
Code-see the attached Ordinance. The following is a summary of the significant changes to Articles 2,
3, 4, 5 and 7. No changes are proposed for Articles 1 and 6.
W:\AGENDA\02-16-1 0\DevelopmentCodeAmen dment_Staff Report.DOC
Article 2—Urban Standards
1. Home Occupation Business Licenses to be allowed in DW(District West End Industrial),DWL
(District West End Light Industrial), OS (Open Space) and Monrovia Nursery Specific Plan
zones.
2. Alcoholic Beverage Sales to require UP (Use Permit) in all cases.
3. MUP(Minor Use Permit)to be required for all uses in all commercial zones operating between
9:00 pm and 7:00 am.
4. Auto and vehicle sales and rental to be allowed with a UP(4) (Use Permit) in CSA (Corridor
South Azusa)zone. Staff is recommending that auto and vehicle sales and rental be allowed in
the CSA zone with a UP (Use Permit) with new additional constraint (4)which will state that
the property proposed for the auto and vehicle sales and rental use must be at least 40,000
square feet in area.
Article 3—Site, Development, and Operational Standards
1. Add new condition"c"to Section 88.30.020.F.2 to allow up to fifty percent(50%)of an existing
non-conforming wood fence to be repaired and or replaced
2. Add new condition"c"to Section 88.30.020.G.2 to allow air conditioning units to be painted
instead of screened, at the discretion of the Zoning Administrator or their designee.
3. Add language to Section 88.30.060.C.1.c to require Flag Lots to have a minimum of 15 feet
wide street frontage.
4. Amend Section 88.34/060.A.3 (a)Landscape Standards—Landscape Design/Height Limits. To
increase the height limit to 42 inches, consistent with Section 88.30.040.E.2.
5. Amend Section 88.34.060.B.3(c) to allow artificial turf at the discretion of the Zoning
Administrator or their designee.
6. Amend Section 88.36.050.F.1 to include language stating new open patios are not considered an
increase of the original floor area.
7. Amend Section 88.38.035.B.1 to allow two-sided real estate signs.
8. Amend Section 88.38.060 to allow"Projecting, Wall Mounted and Wall-painted" signs.
Article 4—Standards for Specific Land Uses
1. Amend Section 88.42.020.C.3 to make an exception for existing garages regarding the 10-foot
minimum setback between structures.
2. Amend Section 88.42.120. to include language applying standards to new and mixed use
projects.
3. Amend Section 88.42.160 to allow storage containers with a temporary use permit in the DW
zone.
4. Amend Section 88.42.190.D.2 to clarify that a carriage house design is only allowed as a second
unit.
5. Amend Section 88.46.030 to include additional auxiliary generators as deemed necessary by the
Zoning Administrator or their designee.
6. Amend Section 88.46.040.A.to allow the height and location of antennas to be a component of
the minor use permit process, at the discretion of the Zoning Administrator or their designee.
7. Amend Section 88.46.060.B with the clarification of"non-stealth"communications facilities.
Article 5—Development Code Administration Procedures
1. Amend Section 88.51.030.E to allow annual temporary use permits for multiple sidewalk
sales/parking lot sales and promotional events.
2. Amend Section 88.54.020.A.5 to require compliance with all Development Standards.
Article 7—Glossary
1. Amend Section 88.70.020.0 to include"tax preparation offices" in the definition of"Office—
Business/Service."
2. Amend Section 88.70.020.5 to include"consignment goods"in the definition of"second hand
store
3. Amend Section 88.70.020.5 to clarify the definition of"shopping center"as a retail commercial
site where only fifteen(15%)of allowed uses in the shopping center are non-retail and,on sites
where the gross lot size is 8 acres or more, at least one retail space has a minimum of 15,000
square feet in area.
FISCAL IMPACT
There is no fiscal impact associated with this item.
ATTACHMENTS
A - Planning Commission Staff Report and Resolution
B - Draft Ordinance
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA
APPROVING AMENDMENTS TO CHAPTER 88—DEVELOPMENT CODE
OF THE CITY OF AZUSA MUNICIPAL CODE
WHEREAS,on February 22,2005,the City Council of the City of Azusa("City Council")
adopted the new Development Code (Chapter 88 of the Azusa Municipal Code) with the
understanding that the "Form-Based Code" format included wholesale changes to the prior Code,
and that flaws would be discovered and revisions would be necessary after the new Code was
implemented; and
WHEREAS,City staff has prepared a number of proposed amendments to the Development
Code to provide clarification and to add necessary language to the existing provisions of the
Municipal Code; and
WHEREAS, on December 16, 2009, the Planning Commission of the City of Azusa
("Planning Commission") conducted a noticed public hearing on the proposed amendments to the
Development Code at which time all persons wishing to testify in connection with the revisions to
the Development Code were heard and the revisions were fully studied, discussed and deliberated;
and
WHEREAS,the Planning Commission carefully considered all pertinent testimony and the
staff report presented during the public hearings for the revisions to the Development Code and
adopted Resolution No. 2009-22 recommending that the City Council approve the proposed
amendments to the Development Code; and
WHEREAS,on February 15,2010,the City Council conducted a duly noticed public hearing
on the proposed amendments to the Development Code at which time all persons wishing to testify
in connection with the amendments to the Development Code were heard, and the proposed
amendments and public testimony were fully studied, discussed, and deliberated; and
WHEREAS,the City Council wishes to adopt the proposed amendments to the Development
Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
ORDAIN AS FOLLOWS:
SECTION 1. The Development Code is amended as follows, with additions shown in
underline and deletions in strikethrough.
SECTION2. Tables 2-2 and 2-4 of Article 2 of Chapter 88 of the Azusa Municipal
Code are hereby revised in part to read as follows:
A-1
ORANGE\NS TUB B S\63492.4
TABLE 2-2 P Permitted Use,Zoning Clearance required --,
Allowed Land Uses and Permit MUP Minor Use Permit required
Requirements UP Use Permit required
for Districts S Permit requirement set by Specific Use
Regulations
Use not allowed
LAND USE TYPE (1) PERMIT REQUIRED BY ZONE Specific Use
DTC DCC 1 DTV DE OW 1 DWL Regulations
RESIDENTIAL USES
–Home occupation P P P I P IP IP 188.42.100
TABLE 2-4 P Permitted Use,Zoning Clearance required
Allowed Land Uses and Permit 1 MUP I Minor Use Permit required
Requirements for 1 UP Use Permit required
Special Purpose Zones IS Permit requirement set by Specific Use
1— Regulations
Use not allowed
LAND USE TYPE (1) PERMIT REQUIRED BY Specific Use
ZONE Regulations
1 INS j OS REC
RESIDENTIAL USES
Home Occupation 1 I P =
SECTION 3. Tables 2-2 and 2-3 of Article 2 of Chapter 88 of the Azusa Municipal Code
are hereby revised in part to read as follows:
TABLE 2-2 P Permitted Use,Zoning Clearance required
Allowed Land Uses and Permit MUP Minor Use Permit required
Requirements UP Use Permit required
for Districts S Permit requirement set by Specific Use
— Regulations
Use not allowed
LAND USE TYPE (1) !PERMIT REQUIRED BY ZONE 'Specific Use
1 DTC DCC 1 DTV DE DW 1DWL j Regulations
RETAIL SALES
Alcoholic beverage sales MUP MUP MUP IMUP 1— MUP 1 88.42.030
A-2
ORANGE\N S TUBB S\63492.4
TABLE 2-3 P Permitted Use,Zoning Clearance required
Allowed Land Uses and Permit MUP Minor Use Permit required
Requirements UP Use Permit required
for Corridors S Permit requirement set by Specific Use
— Regulations
Use not allowed
1 LAND USE TYPE (1) PERMIT REQUIRED BY ZONE Specific Use
CAZ I CSG CSA 1 CAH CFB Regulations
RETAIL SALES
Alcoholic beverage sales MUP — MUP MUP MUP 1 88.42.030
SECTION 4. Table 2-3 of Article 2 of Chapter 88 of the Azusa Municipal Code is
hereby revised in part to read as follows:
TABLE 2-3 P Permitted Use,Zoning Clearance required
Allowed Land Uses and Permit MUP Minor Use Permit required
Requirements UP Use Permit required
for Corridors S Permit requirement set by Specific Use
Regulations
Use not allowed
LAND USE TYPE (1) PERMIT REQUIRED BY ZONE I Specific Use
CAZ CSG CSA I CAH 1 CFB i Regulations
RETAIL SALES _ Ij
Auto and vehicle sales and rental — I— UP(2) MUP —
(1)
A definition of each listed use type is in Article 6 (Glossary).
(2)
Any property proposed for auto and vehicle sales and rental use should be at least 40,000 square feet in area.
This is a critical, sensitive, or high occupancy facility, subject to the hazard mitigation requirement of Section
88.30.030
SECTION 5. Section 88.30.020.F.2.c is hereby added to read as follows:
c. Up to 50% of an existing legal non-conforming wood fence can be repaired and
or replaced.
SECTION 6. Section 88.30.020.G.2.c is hereby added to read as follows:
c. Replacement air conditioning and heating units and new air conditioning and
heating units,not visible from the public street,may be painted instead of screened at
the discretion of the Zoning Administrator or his designee.
SECTION 7. Section 88.30.060.C.1.c is hereby amended to read as follows:
A-3
ORANGE\NSTUBB S\63492.4
c. Flag lots are prohibited within the city,except where no other feasible subdivision
alternative exists,and the use of a flag lot is authorized by use permit approval. Flag
lots require a minimum of 15' wide street frontage and the flag lot area and minimum
frontage width shall not include the access street.
SECTION 8. Section 88.34.060.A.3.a is hereby amended to read as follows:
a. Exceed a maximum height of 3-6 42 inches within a required traffic safety
visibility area(Section 88.30.050.E), except for trees with the lowest portion of
their canopy maintained at a minimum of eight feet above grade; or
SECTION 9. Section 88.34.060.B.3.c is hereby amended to read as follows:
c. Artificial groundcover or shrubs shall not be allowed (turf) is allowed at the
discretion of the Zoning Administrator or his designee. Artificial shrubs shall not
be allowed.
SECTION 10. Section 88.36.050.F.1 is hereby amended to read as follows:
1. No additional parking spaces shall be required; provided, the change does not
increase the original floor area by more than 25 percent, nor increase the number
of dwelling units, nor eliminate the only portion of the site that can be used for the
required or existing parking or access. New open patios are not considered an
increase of the original floor area.
SECTION 11. Section 88.38.035.B.1 is hereby amended to read as follows:
a. Districts, Corridors and Neighborhood Centers. Properties within the
districts, corridors and neighborhood centers identified by Article 2 (Urban
Standards) shall be allowed one,two-sided real estate sign, of no more than six
square feet each side, with a maximum height for freestanding signs of six feet,
for each parcel frontage.
SECTION 12. Section 88.38.060, Table 3-12 is hereby amended to read as follows:
Allowed Maximum Maximum Number of Signs I Maximum Sign Area
Sign Types Sign Height I Allowed per Parcel
Ground-mounted and Ground-floor Signs
Awning Below roof I Single tenant site or building: Maximum sign area per parcel.
(1) 3 of any combination of The total sign area on a parcel
Freestanding 6 ft. allowed sign types per primary shall comply with the following
building frontage. requirements.
Projecting, I Below roof 11 of any allowed sign type per 1 sf 1.for each linear ft. of
Wall Mounted (1) 'secondary building frontage. primary building frontage.
A-4
ORANGE\NSTUBBS\63492.4
and Wall- 'Site or structure with 4 or more 0.5 additional sf for 2. each
painted tenants: 1 of any allowed linear foot of secondary building
Suspended Below eave/ signtype per business frontage.
at frontage, unless additional Each use is allowed a 3.total
canopy; signs are authorized by the sign area of at least25 sf
least 8 ft. review authority through a regardless of frontage length.
above a Master Sign Plan approval. The total 4.sign area per use
walking shall not exceed 100 sf,without
surface
Master Sign Plan approval.
Maximum sign area per building
frontage.The total area of all
signs on a single structure
frontage shall not exceed the total
linear feet of that frontage shall
not exceed the total linear feet of
that frontage.
Site with 4 or more tenants: is
allowed an additional
freestanding identification sign of
0.25 sf for each linear ft. of total
I primary structure frontage, up to
1100 sf maximum.
SECTION 13. Section 88.42.020.C.3 is hereby amended to read as follows:
3. Separation Between Structures. Each accessory structure shall be set back from
any other structure on the site by a minimum of ten feet unless the accessory structure
is an existing garage connected to the main house by a breezeway.
SECTION 14. The introductory paragraph of Section 88.42.120 is hereby amended to read
as follows:
This section provides standards for the design of new mixed use projects, where
allowed by Article 2 (Urban Standards). These standards also apply to existing
mixed use developments if any change in construction or use is applied for.
SECTION 15. Section 88.42.160.A is hereby amended to read as follows:
Outdoor storage areas shall be entirely enclosed by a solid wall or fence as
approved by the review authority with a minimum height of six feet and a
maximum height of eight feet. Storage containers may be allowed with a
Temporary Use Permit in the DW zone only, located so as not to be visible from
the street.
SECTION 16. Section 88.42.190.D.2 is hereby amended to read as follows:
2. A carriage house may be allowed above a garage on a parcel of at least 10,000
A-5
ORANGE\N S TUB B S\63492.4
square feet where the garage is accessed from an alley. A carriage house design is
only allowed as a second unit, not as a primary residential unit.
SECTION 17. Section 88.46.030 is hereby amended to read as follows:
A. Replacement or modification of previously permitted facilities or equipment
determined by the Director to be of minor nature that does not increase the number or
height of antennas or significantly change or enlarge the ancillary related equipment
at the site. This would include additional auxiliary generators as deemed necessary
by the Zoning Administrator or his designee.
SECTION 18. Section 88.46.040.A is hereby amended to read as follows:
Use permit approval is required for all communication facilities subject to this
chapter except for the facilities listed in subsections A.1,A.2, and A.3, which shall
require minor use permit approval. The Director shall ensure through the minor use
permit approval that each facility complies with all applicable requirements of this
chapter, with the height and location of the antenna to be a component of the minor
use permit process and subject to the discretion of the Zoning Administrator or his
designee.
SECTION 19. Section 88.46.060.B.2 is hereby amended to read as follows:
2. The height of a non-stealth communications facility located on a structure other
than a dedicated support tower shall not exceed 15 feet above the highest point of
the structure and shall at no time exceed the height allowed by the subject zoning
district.
SECTION 20. Section 88.51.030.E.6 is hereby amended to read as follows:
Outdoor Displays/Sales. The temporary outdoor display/sales of merchandise
(e.g. sidewalk sales and promotional events) at shopping centers and single
commercial lots.,in compliance with 88.42.150. The property owner may make an
application for an annual temporary use permit to conduct multiple
sidewalk/parking lot sales and promotional events within a designated portion of
the site.
SECTION 21. Section 88.54.020.A.5 is hereby amended to read as follows:
5. Replacement Uses. The use of the site after the discontinuance or removal of a
nonconforming use shall comply with all applicable requirements of this
Development Code and the applicable zoning district, including all Development
Standards, except as provided by Section 88.54.040 for dwelling units.
SECTION 22. The following definitions contained in Section 88.70.020 are hereby
A-6
ORANGE\N STUB B S\63492.4
amended to read as follows:
Office. . . .
2. Business/Service. Establishments providing direct services to consumers or
clients, typically with higher client volumes that experienced by the other types of
offices listed. Examples of these uses include employment agencies,insurance agent
offices, real estate offices, social service organizations, travel agencies, utility
company offices,tax preparation offices,etc. This does not include 'Bank,Financial
Services,' which is separately defined. . . .
Second Hand Store. A retail store that buys and sells used products and
consignment goods, including clothing, furniture and household goods, jewelry,
appliances, musical instruments, business machines and office equipment, tools,
motors, machines, instruments, firearms, or any similar secondhand articles or
objects. Does not include bookstores ("Retail Stores"); secondhand farm and
construction equipment ("Construction, Farm, and Heavy Equipment Sales");junk
dealers, or scrap/dismantling yards (Recycling Facilities - Scrap and Dismantling
Yards"); the sale of antiques and collectibles ("Retail Stores"); the sale of cars and
other used vehicles ("Auto and Vehicle Sales, Leasing, and Rental, Used"); or
pawnshops("Personal Services-Restricted").Does not include the sale of used items
when the volume of such products offered for sale on the premises is 30 percent or
less of the total volume offered for sale(for example video rental stores selling some
used videos, record stores selling some used records and/or CDs, etc.).
Shopping Center. A primarily retail commercial site,where only 15%of allowed
uses are non-retail and, on sites where the gross lot size is 8 acres or more, at least
one retail space has a minimum of 15,000 square feet in area, with three or more
separate businesses sharing common pedestrian and parking areas.
SECTION 23. CEOA. The City Council finds that the adoption of these revisions to the
Development Code is not subject to the California Environmental Quality Act("CEQA")pursuant to
Section 15060(c)(2)of the CEQA Guidelines,California Code of Regulations,Title 14,because the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment; and Section 15060(c)(3)of the CEQA Guidelines because the activity is not a project
as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in
direct or indirect physical change to the environment.
SECTION 24. Severability. If any section,subsection,sentence,clause,phrase,or portion
of this Ordinance is for any reason deemed or held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of this Ordinance. The City Council of the City of Azusa hereby declares that they would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof,
irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence,
clause, or phrase would be declared invalid, unconstitutional, or unenforceable.
A-7
ORANGE\N S TUB B S\63492.4
SECTION 25. Effective date. This ordinance shall be in full force and effect thirty (30)
days after its passage.
SECTION 27. Summary. A summary of this ordinance shall be published in the manner
required by law.
PASSED, APPROVED, AND ADOPTED this day of 2010.
Joseph R. Rocha
Mayor
ATTEST:
Vera Mendoza
City Clerk
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
A-8
ORANGE\NSTUBB S\63492.4
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REPORT TO THE PLANNING
AGENDA ITEM
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: SUSAN COLE, SENIOR PLANNER
VIA: KURT CHRISTIANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
DATE: DECEMBER 16, 2009
SUBJECT: CODE AMENDMENT 228 - 2009 DEVELOPMENT CODE CLEANUP
RECOMMENDATION:
Staff recommends that the Planning Commission open the public hearing, accept public testimony,
and adopt a resolution recommending that the City Council approve Development Code Amendment
228 .
BACKGROUND:
On April 19, 2004, the City of Azusa adopted the current General Plan. While the General Plan sets
the basic framework for growth in the City, the zoning regulations found in the Development Code
section of the City of Azusa Municipal Code play a crucial role in implementing the concepts found
in the General Plan. On February 22, 2005, the City of Azusa adopted a new Development Code to
support the new General Plan.
Since adoption of the new Development Code in 2005, various Development Code inconsistencies
on 17, 2006, the CityCouncil approved
have come to light. To address these inconsistencies, July pp
Zoning Code Amendment ZCA 221 which modified and clarified certain sections of the
Development Code. Since that time, staff has been compiling a list of additional Development Code
"cleanup" items, clarifications, and additions.
Development Code AmendmeHc
DCA 228
December 16, 2009
Page 2 of 5
In addition, the State legislature recently adopted AB 1881, mandating that all cities and counties
either adopt the Department of Water Resources' model water efficient landscape ordinance or
adopt a customized local water efficient landscape ordinance. To comply with AB 1881, staff
proposes replacing Section 88.34.080 of the Development Code with revised water efficient
landscape regulations that are as efficient as the model ordinance in saving water in compliance with
AB 1881 and provide more direct local control. The proposed revision will amend the existing
landscaping regulations to reflect the Water Efficient Landscape Ordinance requirements.
DISCUSSION:
SUMMARY OF SIGNIFICANT CHANGES
The recommended adjustments and additions are organized by Articles (Chapters) of the
Development Code - see attached Exhibit "A". The following is a summary of the significant
changes to Articles 2, 3, 4, 5 and 7. No changes are proposed for Articles 1 and 6.
Article 2—Urban Standards
1. Home Occupation Business Licenses to be allowed in DW (District West End Industrial),
DWL (District West End Light Industrial), OS (Open Space) and Monrovia Nursery
Specific Plan zones.
2. Alcoholic Beverage Sales to require UP (Use Permit) in all cases.
3. MUP (Minor Use Permit)to be required for all uses in all commercial zones operating
between 9:00 pm and 7:00 am.
4. Auto and vehicle sales and rental to be allowed with a UP(4) (Use Permit) in CSA
(Corridor South Azusa) zone. Staff is recommending that auto and vehicle sales and
rental be allowed in the CSA zone with a UP (Use Permit) with new additional constraint
(4)which will state that the property proposed for the auto and vehicle sales and rental use
must be at least 40,000 square feet in area.
Article 3— Site, Development, and Operational Standards
1. Add new condition"c" to Section 88.30.020.F.2 to allow up to fifty percent (50%) of an
existing non-conforming wood fence to be repaired and or replaced
2. Add new condition "c" to Section 88.30.020.G.2 to allow air conditioning units to be
painted instead of screened, at the discretion of the Community Development Director.
3. Add language to Section 88.30.060.C.1.c to require Flag Lots to have a minimum of 15
feet wide street frontage. "
Development Code Amendment
DCA 228
December 16, 2009
Page 3 of 5
4,= Amend Section 88.34.060.A.3 (a) Landscape Standards—Landscape Design/Height
Limits. To increase the height limit to 42 inches, consistent with Section 88.30.040.E.2.
5. Amend Section 88.34.060.B.3(c) to allow artificial turf at the Economic and Community
Development Director's discretion.
6, Amend Section 88.34.080 (Water Efficient Landscaping) in response to Assembly Bill
1881 requirements. See attached Exhibit"B" for detailed discussion.
7. Amend Section 88.36.050.F.1 to include language stating new open patios are not
considered an increase of the original floor area.
8. Amend Section 88.38.035.B.1 to allow two-sided real estate signs.
9. Amend Section 88.38.060 to allow"Projecting, Wall Mounted and Wall-painted" signs.
Article 4 —Standards for Specific Land Uses
1. Amend Section 88.42.020.C.3 to make an exception for existing garages regarding the
10-foot minimum setback between structures.
2. Amend Section 88.42.120. to include language applying standards to new and mixed use
projects
3. Amend Section 88.42.160 to allow storage containers with a temporary use permit in the
DW zone.
4. Amend Section 88.42.190.D.2 to clarify that a carriage house design is only allowed as a
second unit.
5. Amend Section 88.46.030 to include additional auxiliary generators as deemed necessary
by the Community Development Director.
6. Amend Section 88.46.040.A. to allow the height and location of antennas to be a
component of the minor use permit process.
7. Amend Section 88.46.060.B with the clarification of"non-stealth" communications
facilities.
Development Code Amendment
DCA 228
December 16, 2009
Page 4 of 5
Article 5—Development Code Administration Procedures
1. Amend Section 88.51.030.E to allow annual temporary use permits for multiple sidewalk
sales/parking lot sales and promotional events.
2. Amend Section 88.54.020.A.5 to require compliance with all Development Standards.
Article 7—Glossary
1. Amend Section 88.70.020.0 to include"tax preparation offices"in the definition of"Office
—Business/Service."
2. Amend Section 88.70.020.S to include "consignment goods" in the definition of"second
hand store
3. Amend Section 88.70.020.S to clarify the definition of "shopping center" as a retail
commercial site where only fifteen(15%)of allowed uses are non-retail and at least one retail
space has at least 25,000 square feet.
ENVIRONMENTAL REVIEW
The "cleanup" amendments to the Development Code and revised water efficient landscape
regulations contained in the draft ordinance are exempt from review under the California
Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.).
The"cleanup"amendments are exempt under CEQA Guidelines section 15061(b)(3)and are outside
the definition of a"project under Section 15378 of the CEQA Guidelines and Section 21065 of the
Public Resources Code. Due to the nature of the code amendments being considered, the
amendments have no potential for resulting in either a direct or reasonably foreseeable indirect
physical change in the environment. Pursuant to State CEQA Guidelines section 15307 (14 Cal.
Code Regs., § 15307), the revised water efficient landscape regulations are covered by the CEQA
Categorical Exemption for actions taken to assure the maintenance, restoration, enhancement, or
protection of a natural resource where the regulatory process involves procedures for protection of
the environment. The adoption of the draft ordinance and the revised water efficient landscape
regulations will result in the enhancement and protection of water resources, and will not result in
cumulative adverse environment impacts or any other potentially significant impact described in
State CEQA Guidelines section 15300.2.
CONCLUSION
The proposed amendments will clarify the existing language in the Development Code and will make
needed modifications,particularly regarding the existing regulations for water efficient landscaping.
Development Code Amendment
DCA 228
December 16, 2009
Page 5 of 5
ATTACHMENTS:
Exhibit "A" Proposed Development Code Revisions
Exhibit "B" Section 88.34.080—Discussion of Proposed Amendment
Exhibit "C" Draft Resolution
Exhibit"A"
DEVELOPMENT CODE REVISIONS
Article 2 —Urban Standards
Allowable Land Uses: Permit Requirements—Tables 2.2, 2-3 & 2.4
1. Tables 2-2 and 2-4:
Home Occupation Business Licenses to be allowed in DW (District West End
Industrial), DWL (District West End Light Industrial), OS (Open Space) and
Monrovia Nursery Specific Plan zones.
Currently Home Occupation Business Licenses are a permitted use in all zones except
DW, DWL and OS, REC (Recreation), INS (Institutional) and Monrovia Nursery Specific
Plan zones. For consistency, staff is recommending that a Home Occupation Business
License be allowed in the DW, DWL, OS and Monrovia Nursery Specific Plan zones for
existing residences.
2. Tables 2-2 and 2-3:
Alcoholic Beverage Sales to require UP (Use Permit) in all cases.
Currently Tables 2-2 and 2-3 list a MUP (Minor Use Permit) requirement while Section
88.42.030 states a UP (Use Permit) is required. The City Attorney has recommended
that the tables be changed to be consistent with Section 88.42.030.
3. Tables 2-2 and 2-3:
MUP (Minor Use Permit) to be required for all uses in all commercial zones
operating between 9:00 pm and 7:00 am. Currently a Minor Use permit to operate
between 9:00 p.m. and 7:00 a.m. is only required for retail uses. Staff is recommending
that a MUP be required for all commercial uses proposing to operate during these times.
4. Table 2-3:
Auto and vehicle sales and rental to be allowed with a UP(4) (Use Permit) in CSA
(Corridor South Azusa) zone. Currently an auto and vehicle sales and rental use is not a
permitted use in the CSA zone. It is allowed in the CAH (Corridor Arrow Highway), the
DW(District West End Industrial), and the DWL (District West End Light Industrial),
zones with a Minor Use Permit. Staff is recommending that auto and vehicle sales and
rental be allowed in the CSA zone with a UP (Use Permit) and with the additional
constraint#(4): that the property proposed for the auto and vehicle sales and rental use
should be at least 40,000 square feet in area.
Article 3 — Site, Development, and Operational Standards
A-1
1. Section 88.30.020.F.2.c Wood fences are prohibited on a site perimeter except for:...
“c. Up to 50% of an existing non-conforming wood fence can be repaired and or
replaced."
2. Section 88.30.020.G.2.c Mechanical Equipment, Loading Docks, and Refuse Areas. "c.
Replacement air conditioning and heating units and new air conditioning and
heating units, not visible from the public street, may be painted instead of screened
at the discretion of the Community Development Director or his designee."
3. Section 88.30.060.C.1.c Flag Lot. "Flag lots are prohibited within the city, except where
no other feasible subdivision alternative exists, and the use of a flag lot is authorized by
use permit approval. "Flag lots require a minimum of 15' wide street frontage and
the flag lot area and minimum frontage width shall not include the access street."
4. Section 88.34.060.A.3 (a) Landscape Standards—Landscape Design /Height Limits.
"Landscape materials shall be selected, placed on a site, and maintained to not: a. Exceed
a maximum height of 36 42 inches within a required traffic safety visibility area..." This
makes Section 88.34.060.A.3 (a) consistent with Section 88.30.040.E.2.
5. Section 88.34.060.B.3(c) Landscape Standards—Plant Material/Groundcover and Shrubs.
"Artificial groundcover 'ib '' " t b flowed (turf) is allowed at the
discretion of the Economic and Community Development Director or his designee.
Artificial shrubs shall not be allowed."
6. Section 88.34.080 Water Efficient Landscaping. Replace Section 88.34.080 with new
Section 88.34.080.
7. Section 88.36.050.F.1 Nonconforming Parking/Residential Uses. 1. "No additional
parking spaces shall be required; provided, the change does not increase the original floor
area by more than 25 percent, nor increases the number of dwelling units, nor eliminate
the only portion of the site that can be used for the required or existing parking or access.
New open patios are not considered an increase of the original floor area."
8. Section 88.38.035.B.1 Exemptions from Sign Permit Requirements/Temporary
Signs/Real Estate Signs. "a. Districts, Corridors and Neighborhood Centers. Properties
within the districts, corridors and neighborhood centers identified by Article 2 (Urban
Standards) shall be allowed one, two-sided real estate sign, of no more than six square
feet each side, with a maximum height for freestanding signs of six feet, for each parcel
frontage."
9. Section 88.38.060 Sign Standards by Area- Table 3-12: Sign Standards for Districts,
Corridors and Neighborhood Centers. Allowed Sign Types: "Projecting, Wall Mounted
and Wall-painted."
A-2
Article 4—Standards for Specific Land Uses
8. Section 88.42.020.C.3 Accessory Structures/Separation Between Structures. "Each
accessory structure shall be set back from any other structure on the site by a minimum of
ten feet unless the accessory structure is an existing garage connected to the main
house by a breezeway."
9. Section 88.42.120. Mixed Use Projects. "This section provides standards for the design
of new mixed use projects, where allowed by Article 2 (Urban Standards). These
standards also apply to existing mixed use developments if any change in
construction or use is applied for."
10. Section 88.42.160 Outdoor Storage/Enclosure and Screening Required"Outdoor storage
areas shall be entirely enclosed by a solid wall or fence as approved by the review
authority with a minimum height of six feet and a maximum height of eight feet. Storage
containers may be allowed with a Temporary Use Permit in the DW zone only,
located so as not to be visible from the street."
11. Section 88.42.190.D.2 Second Units and Carriage houses/Minimum Site Area
"2. A carriage house may be allowed above a garage on a parcel of at least 10,000 square
feet where the house is accessed by a garage. A carriage house design is only allowed
as a second unit, not as a primary residential unit."
12. Section 88.46.030 Applicability "A. Replacement or modification of previously
permitted facilities or equipment determined by the Director to be of minor nature ....at
the site. This would include additional auxiliary generators as deemed necessary by
the Community Development Director or his designee."
13. Section 88.46.040.A.3 Permit Requirements/Use Permit or Minor Use Permit. Use
permit approval is required for all communication facilities subject to this chapter except
for the facilities listed in subsections A.1, A.2, and A.3, which shall require minor use
permit approval. The Director shall ensure through the minor use permit approval that
each facility complies with all applicable of this chapter,with the height and location of
the antenna to be a component of the minor use permit process and subject to the
discretion of the Community Development Director or his designee."
14. Section 88.46.060.B Facility Design and Development Standards/Height Limitations. "2.
The height of non-stealth communications facility located on a structure shall at no
time exceed the height allowed by the subject zoning district.
Article 5—Development Code Administration Procedures
1. Section 88.51.030.E. Allowed Temporary Uses 6. Outdoor Display/Sales. "The temporary
outdoor display/sales of merchandise (e.g. sidewalk sales and promotional events) at
shopping centers and single commercial lots, in compliance with 88.42.150. The
A-3
property owner may make an application for an annual temporary use permit to
conduct multiple sidewalk/parking lot sales and promotional events within a designated
portion of the site."
2. Section 88.54.020.A.5 Restriction on Nonconforming Uses and Structures/Nonconforming
Uses of Land/Replacement Uses. "5. The use of the site after the discontinuance or removal
of a nonconforming use shall comply with all applicable requirements of this Development
Code and the applicable zoning district, including all Development Standards, except as
provided by Section 88.54.040 for dwelling units."
Article 7—Glossary
1. Section 88.70.020.0. Definitions"0""Office.2.Business/Service.Establishments providing
direct services to consumers or clients,typically with higher client volumes that experienced
by the other types of offices listed. Examples of these uses include employment agencies,
insurance agent offices, real estate offices, social service organizations, travel agencies,
utility company offices,tax preparation offices,etc.This does not include"Bank,Financial
Services," which is separately defined."
2. Section 88.70.020.S. Definitions "S" Second hand store. A retail store that buys and sells
used products and consignment goods, including .... used records and/or CD's, ect.)."
3. Section 88.70.020.S. Definitions"S" "Shopping Center. A primarily retail commercial site,
where only 15% of allowed uses are non-retail, and at least one retail space in each
center has a minimum of 25,000 square feet in area, with three or more separate
businesses sharing common pedestrian and parking areas."
A-4
Attachment "B"
AN ORDINANCE AMENDING CHAPTER 88.34 OF THE AZUSA MUNICIPAL CODE,
PERTAINING TO WATER EFFICIENT LANDSCAPING
[Attached]
B-1
Exhibit"B"
Proposed Amendment to Section 88.34.080—Water Efficient Landscaping
Background
The State Legislature adopted the Water Conservation in Landscaping Act(California Government
Code section 65591 et seq.) (the "Act") in 1990 to improve state water conservation efforts by
reducing the waste associated with outdoor landscaping irrigation. The Act required the California
Department of Water Resources ("DWR")to develop a model water efficient landscape ordinance
more than a decade ago. That ordinance is now outdated and fails to reflect contemporary
technological developments.
California Assembly Bill 1881 ("AB 1881"),enacted into law on September 28,2008,modifies and
strengthens the Act. A key provision of AB 1881 requires the DWR to update the existing model
water efficient landscape ordinance,which then serves as a model ordinance for cities and counties
to adopt mandatory local landscape irrigation ordinances. The main change in DWR's updated
ordinance revolves around the new requirement that jurisdictions must now reduce the"Maximum
Applied Water Allowance" (MAWA)rates,resulting in a 30%reduction in water allocations for new
landscapes.
All cities and counties must either (1) adopt the DWR's updated model water efficient landscape
ordinance (the "Model Ordinance") or (2) adopt a customized local water efficient landscape
ordinance that is at least as effective in conserving water as the updated Model Ordinance. AB 1881
makes the updated Model Ordinance automatically applicable within the jurisdiction of each city and
county that has not adopted its own water efficient landscape ordinance or the updated Model
Ordinance by January 1, 2010.
The replacement of existing Section 88.34.080 with the revised Section 88.34.080 (the proposed
draft ordinance attached as Exhibit "D")will establish water efficient landscape regulations which
would be as efficient as the Model Ordinance in saving water in compliance with AB 1881 and
provide more direct local control. The proposed revision will amend the existing landscaping
regulations to reflect the Water Efficient Landscape Ordinance requirements.
Implementation of the proposed revised water efficient landscape regulations is integrated into the
existing development review process. This streamlines the process for the applicants to the fullest
extent possible while ensuring that projects comply with the new regulations.
Applicability
The applicability criteria for the revised water efficient landscape regulations are consistent with that
required by the Model Ordinance. Projects which are subject to the requirements of the proposed
water efficient regulations are generally those which already require discretionary approval and/or a
ministerial permit and which meet certain size criteria.
B-1
Landscape projects which currently require discretionary approvals are generally associated with
new development projects and included as a landscape plan. While planting of trees, shrubs, and
grass does not require any City permits, the irrigation and wiring portion of landscaping projects
can require plumbing and electrical permits.
Below are several examples of projects which would be required to comply with the regulations
within the revised water efficient landscape regulations.
• A new commercial shopping center with proposed landscaped areas totaling 2,500
square feet or more.
• A new residential development with proposed landscaped common and private
areas of 2,500 square feet or more.
• New landscaping of parkways and medians when the area of landscaping is over
2,500 square feet.
• An existing residential development with 2,500 or more square feet of landscaped
area which modifies their approved common area landscape plan in a manner that affects at least
50% of the total landscaped area.
• Construction of a new swimming pool and associated planting area totaling 5,000
square feet or more at a private residence.
• Re-landscaping at a private residence that totals over 5,000 square feet and that is
at least 50% of the total landscaped area.
Homeowner's Associations
Due to time constraints, staff was unable to brief all homeowner's associations (HOAs)within the
City regarding the new landscape requirements prior to the Planning Commission meeting.
However, in order to ensure that HOAs within the City fully understand the proposed revised water
efficient landscape regulations, staff will offer to meet with all HOAs in the first part of 2010 to
ensure that they are aware of the requirement.
Water Quality
The proposed revised water efficient landscape regulations in the draft ordinance do not apply to,nor
are they intended to,address such issues as water runoff from uses such as car washes. Regulation of
surface water runoff with potential contaminants will continue to be addressed in the City's NPDES
permit and Water Quality Ordinance.
B-2
Regulations
The goal of the revised regulations in the draft ordinance is to ensure that the water usage associated
with landscaping for applicable projects does not exceed the Maximum Applied Water Allowance
(MAWA). The MAWA is calculated by taking into account a local evapotranspiration rate (the
speed at which water evaporates as determined for a specific geographical area) and the size of the
proposed landscaped area. The MAWA represents the gallons per year of water that can be used to
irrigate landscaping by relating to the pace of evaporation. Theoretically,the MAWA determines the
threshold for over-watering.
Landscape projects subject to the revised water efficient landscape regulations will be required to
calculate the Estimated Applied Water Use(EAWU),which is the annual amount of water in gallons
estimated to keep plants in a healthy state, otherwise known as a water budget. The EAWU is
calculated using the evapotranspiration rate, the size of the proposed landscaped area, plant factors
(types of plants and their associated water use) and irrigation efficiency(which rates the amount of
water from a sprinkler head type which successfully irrigates the plants). Other factors, such as
vegetation mix,and microclimates created by adjacent areas around the proposed landscaped areas,
may also affect the calculations.
Landscape projects must have an EAWU that is less than the MAWA to comply with the regulations
of the revised water efficient landscape regulations. Setting a limitation on water usage requires
landscaped projects to use plants with low water usage and irrigation systems which are higher in
efficiency. The complex nature of the calculations necessitates a trained landscape professional to
ensure that a proposed landscape project meets the regulations. Currently, landscape plans are
required to be prepared by a landscape professional. Therefore, the new regulations pertaining to
water usage calculations will also be required to be completed by a landscape professional.
Implementation
The proposed revised water efficient landscape regulations in the draft ordinance do not create a new
development review process. Rather, review and certification in compliance with the new
regulations will be integrated into the existing development review and plan check process.
Applicants will be required to submit a Landscape Documentation Package. The Landscape
Documentation Package is to demonstrate compliance with the proposed revised water efficient
landscape regulations. The required submittal elements are listed in Table 1.
B-3
Table 1 —Landscape Documentation Package Items
Submittal Item Description. Review
Responsibility
Certification of Landscape Certifies that the proposed landscape project Landscape
Design complies with ordinance Professional
Landscape Submittal Sheet Includes project infarmation and items required for City
a complete submittal
MAWA Calculation Worksheet showing calculation and sources Landscape
Professional
EAWU Calculation Worksheet showing calculation and sources Landscape
Professional
Water Efficient Landscape Worksheet showing MAWA and EAWU Landscape
Worksheet calculations Professional
An analysis of the soil with recommendations to Landscape
Soil Management Report minimize runoff and encourage healthy plant
Professional
growth
Landscape Design Plan A landscape plan complying with the regulations Landscape
of the Guidelines Professional
Irrigation Design Plan A plan for irrigation systems complying with the Landscape
regulations of the Guidelines Professional
Grading Design Plan Demonstrates grading in conjunction with City
landscape projects
For review of the technical components of the submittal relating to the revised water efficient
landscape regulations, an additional review process would be required. This is addressed with the
Some of the elements of the Landscape Documentation Package, such as landscaping and grading
plans, are currently required by the City during the existing development review process.
The revised water efficient landscape regulations propose a self-certification process during which a
licensed landscaped professional would sign a Certification of Landscape of Design,which includes
his or her license number and/or professional stamp, stating that the landscape design is in
conformance with the revised water efficient landscape regulations.This would minimize the cost of
implementation and the need for additional staff. The permit will not be issued unless the Landscape
Documentation Package is complete, including this certification.
Once construction of the landscape is complete,the installation contractor or designer will sign the
Certificate of Completion stating that the installation is complete and is in substantial conformance
with the original plan. Once the Certificate of Completion is accepted by the City and all final
inspections for the project approved by City inspectors, the project will be considered complete.
B-4
The Landscape Installation Certificate of Completion package will include:
1. Certification that the project was constructed per the approved plans;
2. Irrigation scheduling parameters used to set the controller; and
3. Landscape and irrigation maintenance schedules.
Compliance with State Regulations
AB 1881 requires local agencies to include information in the record for any approval that designates
the locally-approved alternative to the States Model as"equally effective"in conserving landscaping
irrigation water. The appropriate action is suggested to utilize findings to establish the City's
position in the record. In preparing the revised water efficient landscape regulations in the draft
ordinance,no essential element of the State's Model Ordinance has been dropped,only re-organized
to function more efficiently.
Summary
The draft ordinance and the proposed revised water efficient landscape regulations are intended to
comply with the requirements of Assembly Bill 1881, whose main purpose is to promote and require
water conservation by specifying technical requirements for the planning and design of landscaping
projects.
B-5
Exhibit "C"
Proposed Resolution
[Attached]
C-1
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 88.34 OF THE AZUSA
MUNICIPAL CODE PERTAINING TO WATER EFFICIENT
LANDSCAPING
WHEREAS, California Constitution article X, section 2 and California Water Code
section 100 provide that because of conditions prevailing in the State of California (the
"State"), it is the declared policy of the State that the general welfare requires that the
water resources of the State shall be put to beneficial use to the fullest extent of which
they are capable, the waste or unreasonable use of water shall be prevented, and the
conservation of such waters is to be exercised with a view to the reasonable and
beneficial use thereof in the interest of the people and the public welfare; and
WHEREAS, pursuant to California Water Code section 106, it is the declared policy of
the State that the use of water for domestic use is the highest use of water and that the
next highest use is for irrigation; and
WHEREAS, California Assembly Bill 1881 ("AB 1881"), enacted into law on September
28, 2008, modifies and strengthens the existing "Water Conservation in Landscaping
Act" (California Government Code section 65591 et seq.) (the "Act"). The Act's goal is
to improve state water conservation efforts by establishing a model water efficient
landscape ordinance for local agencies to adopt and use for the purpose of reducing water
waste associated with irrigation of outdoor landscaping; and
WHEREAS, AB 1881 requires the State Department of Water Resources ("Department")
to update the existing model water efficient landscape ordinance which provides
guidelines for cities and counties to adopt local landscape irrigation ordinances as
required by the law; and
WHEREAS, all cities and counties are required to either adopt the State's updated model
water efficient landscape ordinance (the "Model Ordinance") or, by January 1, 2010,
adopt their own water efficient landscape ordinance that is as effective in conserving
water as the Model Ordinance; and
WHEREAS, a model water efficient landscape ordinance has been developed for local
agencies in Orange County (the "Orange County Model Ordinance") and the City has
determined to adopt its own local water efficient landscape ordinance, based on the
Orange County Model Ordinance, that is as effective in conserving water as the Model
Ordinance; and
WHEREAS, this Ordinance is exempt from review under the California Environmental
Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.).
Pursuant to State CEQA Guidelines section 15307 (14 Cal. Code Regs., § 15307), this
Ordinance is covered by the CEQA Categorical Exemption for actions taken to assure the
maintenance, restoration, enhancement, or protection of a natural resource where the
1
ORANGE\N S TU B B S\63412.1
regulatory process involves procedures for protection of the environment. The adoption
of this ordinance will result in the enhancement and protection of water resources, and
will not result in cumulative adverse environment impacts or any other potentially
significant impact described in State CEQA Guidelines section 15300.2. It is therefore
exempt from the provisions of CEQA.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council hereby finds and determines that:
a) The foregoing recitals are true and correct and are incorporated herein.;
b) Current local design practices in new landscapes typically achieve the State Model
Water Efficient Landscape Ordinance water use goals;
c) Consistent with these findings, the purpose of the City's Water Efficient Landscape
Ordinance is to establish an alternative model acceptable under AB 1881 as being at
least as effective as the State Model Water Efficient Landscape Ordinance in the
context of conditions in the City in order to:
1. Promote the benefits of consistent landscape ordinances with neighboring local
and regional agencies;
2. Promote the values and benefits of landscapes while recognizing the need to
invest water and other resources as efficiently as possible;
3. Establish a structure for planning, designing, installing, and maintaining and
managing water efficient landscapes in new construction and rehabilitated
projects;
4. Establish provisions for water management practices and water waste prevention
for existing landscapes;
5. Use water efficiently without waste by setting a Maximum Applied Water
Allowance as an upper limit for water use and reduce water use to the lowest
practical amount; and
6. Encourage the use of economic incentives that promote the efficient use of water,
such as implementing a budget-based tiered-rate structure.
SECTION 2. Amendments to Chapter 88.34—New Section 88.34.080
Section 88.34.080 of the Azusa Municipal Code is hereby deleted in its entirety and
restated to read as follows:
2
ORANGE\N S TU B B S\63412.1
RESOLUTION NO. 2009-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
AZUSA RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF
AZUSA APPROVAL OF AMENDMENTS TO THE 2005 DEVELOPMENT
CODE (CASE NUMBER OCA 228)
WHEREAS, California Government Code, Section 65800 et seq. authorizes the
adoption and administration of zoning laws,ordinances,rules and regulations by cities as a means of
implementing the General Plan; and
WHEREAS, on February 22,2005,the City Council adopted the new Development
Code with the understanding that the new format included wholesale changes to the prior Code,and
that flaws would be discovered and revisions would be necessary after the new Code was
implemented; and
WHEREAS, City staff has prepared a number of proposed amendments to the
Development Code to provide clarification and to add necessary language to the existing provisions
of the Code; and
WHEREAS, the Planning Commission has carefully considered all pertinent
testimony and the staff report presented during the public hearing for the proposed revisions to the
Development Code.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
AZUSA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: Based on the entire record before the Planning Commission, all written and
oral evidence presented to the Planning Commission, and the findings made in the staff report and
this Resolution, the Planning Commission of the City of Azusa hereby recommends that the City
Council adopt the attached ordinances entitled: (1)"AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF AZUSA APPROVING AMENDMENTS TO CHAP 1ERS 88.24-DISTRICTS;
88.30—STANDARDS FOR ALL DEVELOPMENT AND LAND USES; 88.34—LANDSCAPING
STANDARDS; 88.36—PARKING AND LOADING; 88.38—SIGNS; 88.42—STANDARD FOR
SPECIFIC LAND USES; 88.46
TELECOMMUNICATION FACILITIES;
T
REVIEW AND DECISION; 88ONFORMINGUSESSTRUCTURES AND
PARCELS;AND 88.70—DEFINITIONS,OF CHAPTER 88—DEVELOPMENT CODE,OF THE
CITY OF AZUSA MUNICIPAL CODE," which is attached hereto as Attachment "A" and
incorporated herein by reference; and (2) "AN ORDINANCE AMENDING CHAPTER 88.34 OF
THE AZUSA MUNICIPAL CODE, PERTAINING TO WATER EFFICIENT LANDSCAPING,"
which is attached hereto as Attachment"B" and incorporated herein by reference.
SECTION 2: The Planning Commission finds that the revisions to the Development Code
proposed by the above referenced ordinances are in the public interest and reasonably related to the
Resolution No.2009- 22..
December 16,2009
Page 2 of 2
public welfare because it clarifies the established zoning classifications that provide for the future
growth and development of Azusa in an environmentally sensitive manner and in a manner that
accommodates future population while protecting the public health, safety and welfare of the
residents and business owners of the City. Further, the revisions to the Development Code make
minor adjustments resulting in reasonable development standards that maintain the character of each
zone designation.
SECTION 3: The Planning Commission also finds that adoption of these revisions to the
Development Code is consistent with the City of Azusa General Plan because the various
adjustments to the regulations in the Development Code are consistent with the land use designations
contained in the General Plan. Moreover, the revisions to the Development Code continue the
classification of areas using terms that are consistently used in the General Plan(i.e.,Neighborhoods,
Corridors are Districts). Further, the adjustments to the development standards contained in the
Development Code further the objectives and policies of each element of the General Plan and do
not obstruct their attainment.
SECTION 4: The ordinance to amend portions of the Development Code is not subject to the
California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) because the
activity, which involves clarifying and recodifying Sections of Chapter 88 of the City of Azusa
Municipal Code,will not result in a direct or reasonably foreseeable indirect physical change in the
environment; and 15060(c)(3)because the activity is not a project as defined in Section 15378 of the
CEQA Guidelines,California Code of regulations,Title 14,Chapter 3,because it has no potential for
resulting in physical change to the environment, directly or indirectly.
SECTION 5: The ordinance to amend Chapter 88.34 regarding water efficient landscaping is
exempt from review under the California Environmental Quality Act("CEQA") (California Public
Resources Code Section 21000 et seq.). Pursuant to State CEQA Guidelines section 15307(14 Cal.
Code Regs., § 15307), this ordinance is covered by the CEQA Categorical Exemption for actions
taken to assure the maintenance,restoration,enhancement,or protection of a natural resource where
the regulatory process involves procedures for protection of the environment. The adoption of this
ordinance will result in the enhancement and protection of water resources, and will not result in
cumulative adverse environment impacts or any other potentially significant impact described in
State CEQA Guidelines section 15300.2. It is therefore exempt from the provisions of CEQA.
SECTION 6: The Secretary shall certify to the adoption of this resolution.
APPROVED AND ADOPTED by the members of the Planning Commission of Azusa this 16th
day of December, 2009.
AZUSA PLAN\I COMMISSION CHAIRMAN
2
Resolution No. 2009-22 —
December 16,2009
Page 3 of 2
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Azusa at a regular meeting thereof held on the 16th day of December,
2009, by the following vote of the Planning Commission:
AYES: ALVA, De* ON, LEE, MILLNER
NOES:
ABSE T: KIND' L
ABST A IN: `, ,l
tit
AZUSA Pi ', 111 ON SECRETARY
Attachment"A"
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING
AMENDMENTS TO CHAPTERS 88.24-DISTRICTS;88.30—STANDARDS FOR ALL
DEVELOPMENT AND LAND USES; 88.34—LANDSCAPING STANDARDS; 88.36—
PARKING AND LOADING;88.38—SIGNS;88.42—STANDARD FOR SPECIFIC LAND
USES;88.46—TELECOMMUNICATION FACILITIES;88.51—PERMIT REVIEW AND
DECISION;88.54—NONCONFORMING USES,STRUCTURES AND PARCELS;AND
88.70—DEFINITIONS,OF CHAPTER 88—DEVELOPMENT CODE,OF THE CITY OF
AZUSA MUNICIPAL CODE
[Attached]
A-1
C4111%.3
F
(7),Asio, . kr!: T
Zus
PUBLIC HEARING
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KURT CHRISTIANSEERECTOR OF ECONOMIC AND COMMUNITY
DEVELOPMENT
VIA: JF.M. DELACH, CITY MANAGER
DATE: FEBRUARY 16, 2010
SUBJECT: AN ORDINANCE AMENDING CHAPTER 88.34 OF THE AZUSA MUNICIPAL
CODE PERTAINING TO WATER EFFICIENT LANDSCAPING
RECOMMENDATION
Staff recommends that the City Council approve the Ordinance amending Chapter 88.34 of the
Azusa Municipal Code establishing guidelines for the implementation of the City of Azusa Water
Efficient Landscaping regulations.
BACKGROUND
The State Legislature adopted the Water Conservation in Landscaping Act(California Government
Code section 65591 et seq.) (the "Act") in 1990 to improve state water conservation efforts by
reducing the waste associated with outdoor landscaping irrigation and requiring that the California
Department of Water Resources ("DWR") develop a model water efficient landscape ordinance.
California Assembly Bill 1881 ("AB 1881"),enacted into law on September 28,2008,modifies and
strengthens the Act. A key provision of AB 1881 requires the DWR to update the existing model
water efficient landscape ordinance,which then serves as a model ordinance for cities and counties
to adopt mandatory local landscape irrigation ordinances. The main change in DWR's updated
ordinance revolves around the new requirement that jurisdictions must now reduce the"Maximum
Applied Water Allowance"(MAWA)rates,resulting in a 30%reduction in water allocations for new
landscapes.
All cities and counties must either (1) adopt the DWR's updated model water efficient landscape
ordinance (the "Model Ordinance") or (2) adopt a customized local water efficient landscape
ordinance that is at least as effective in conserving water as the updated Model Ordinance. AB 1881
makes the updated Model Ordinance automatically applicable within the jurisdiction of each city and
county that has not adopted its own water efficient landscape ordinance or the updated Model
Ordinance by January 1, 2010.
The replacement of existing Section 88.34.080 with the revised Section 88.34.080 (the proposed
draft ordinance attached as Exhibit"D")will establish water efficient landscape regulations which
would be as efficient as the Model Ordinance in saving water in compliance with AB 1881 and
provide more direct local control. The proposed revision will amend the existing landscaping
regulations to reflect the Water Efficient Landscape Ordinance requirements. Implementation of the
proposed revised water efficient landscape regulations is integrated into the existing development
review process, streamlining it for applicants to the fullest extent possible while ensuring that
projects comply with the new regulations.
Examples of projects that would be required to comply with the regulations within the revised
water efficient landscape regulations include:
• A new commercial shopping center with proposed landscaped areas totaling 2,500 square
feet or more.
• A new residential development with proposed landscaped common and private areas of
2,500 square feet or more.
• New landscaping of parkways and medians when the area of landscaping is over 2,500
square feet.
• An existing residential development with 2,500 or more square feet of landscaped area
which modifies their approved common area landscape plan in a manner that affects at
least 50% of the total landscaped area.
• Construction of a new swimming pool and associated planting area totaling 5,000 square
feet or more at a private residence.
• Re-landscaping at a private residence that totals over 5,000 square feet and that is at least
50% of the total landscaped area.
The proposed revised water efficient landscape regulations in the draft ordinance do not apply to,nor
are they intended to,address such issues as water runoff from uses such as car washes. Regulation of
surface water runoff with potential contaminants will continue to be addressed in the City's NPDES
permit and Water Quality Ordinance.
The proposed revised water efficient landscape regulations do not create a new development review
process. Rather,review and certification in compliance with the new regulations will be integrated
into the existing development review and plan check process. Applicants will be required to submit
a Landscape Documentation Package to demonstrate compliance.
The revised water efficient landscape regulations propose a self-certification process during which a
licensed landscaped professional would sign a Certification of Landscape of Design,which includes
his or her license number and/or professional stamp, stating that the landscape design is in
conformance with the revised water efficient landscape regulations.This would minimize the cost of
implementation and the need for additional staff. The permit will not be issued unless the Landscape
Documentation Package is complete, including this certification.
Once construction of the landscape is complete,the installation contractor or designer will sign the
Certificate of Completion stating that the installation is complete and is in substantial conformance
with the original plan. Once the Certificate of Completion is accepted by the City and all final
inspections for the project approved by City inspectors, the project will be considered complete.
CONCLUSION
AB 1881 requires local agencies to include information in the record for any approval that designates
the locally-approved alternative to the States Model as"equally effective"in conserving landscaping
irrigation water. The appropriate action is suggested to utilize findings to establish the City's
position in the record. In preparing the revised water efficient landscape regulations in the draft
ordinance,no essential element of the State's Model Ordinance has been dropped,only re-organized
to function more efficiently.
The draft ordinance and the proposed revised water efficient landscape regulations are intended to
comply with the requirements of Assembly Bill 1881,whose main purpose is to promote and require
water conservation by specifying technical requirements for the planning and design of landscaping
projects.
FISCAL IMPACT
There is no fiscal impact associated with this item.
ATTACHMENTS
A - Planning Commission Staff Report and Resolution
B - Draft Ordinance
C - Draft Guidelines
ATTACHMENT A
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US
ECONOMIC AND COMMUNITY DEVELOPMENT DEPARTMENT
REPORT TD THEPLANNING COMMISSION
AGENDA ITEM
c
TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING
COMMISSION
FROM: SUSAN COLE, SENIOR PLANNER
VIA: KURT CHRISTIANSEN, ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
DATE: DECEMBER 16, 2009
SUBJECT: CODE AMENDMENT 228 - 2009 DEVELOPMENT CODE CLEANUP
RECOMMENDATION:
Staff recommends that the Planning Commission open the public hearing, accept public testimony,
and adopt a resolution recommending that the City Council approve Development Code Amendment
228 .
BACKGROUND :
On April 19 2004 the City of Azusa adopted the current General Plan. While the General Plan sets
basic framework for growth in the City, the zoning regulations found in the Development Code
the
of the Cityof Azusa Municipal Code play a crucial role in implementing the concepts found
section p
in
the General Plan. On February22, 2005, the City of Azusa adopted a new Development Code to
support the new General Plan.
•
Since adoptionDevelopment of the new Develo ment Code in 2005 , various Development Code inconsistencies
have come to light. To address these inconsistencies, on July 17, 2006, the City Council approved
Zoning
Code Amendment ZCA 221 which modified and clarified certain sections of the
Development Code. Since that time, staff has been compiling a list of additional Development Code
"cleanup" items, clarifications, and additions.
Development Code Amendment
DCA 228
December 16, 2009
Page 2 of 5
In addition, the State legislature recently adopted AB 1881, mandating that all cities and counties
either adopt the Department of Water Resources' model water efficient landscape ordinance or
adopt a customized local water efficient landscape ordinance. To comply with AB 1881, staff
proposes replacing Section 88.34.080 of the Development Code with revised water efficient
landscape regulations that are as efficient as the model ordinance in saving water in compliance with
AB 1881 and provide more direct local control. The proposed revision will amend the existing
landscaping regulations to reflect the Water Efficient Landscape Ordinance requirements.
DISCUSSION:
SUMMARY OF SIGNIFICANT CHANGES
The recommended adjustments and additions are organized by Articles (Chapters) of the
Development Code - see attached Exhibit "A". The following is a summary of the significant
changes to Articles 2, 3, 4, 5 and 7. No changes are proposed for Articles 1 and 6.
Article 2—Urban Standards
1. Home Occupation Business Licenses to be allowed in DW (District West End Industrial),
DWL (District West End Light Industrial), OS (Open Space) and Monrovia Nursery
Specific Plan zones.
2. Alcoholic Beverage Sales to require UP (Use Permit) in all cases.
3. MUP (Minor Use Permit) to be required for all uses in all commercial zones operating
between 9:00 pm and 7:00 am.
4. Auto and vehicle sales and rental to be allowed with a UP(4) (Use Permit) in CSA
(Corridor South Azusa) zone. Staff is recommending that auto and vehicle sales and
rental be allowed in the CSA zone with a UP (Use Permit) with new additional constraint
(4)which will state that the property proposed for the auto and vehicle sales and rental use
must be at least 40,000 square feet in area.
Article 3—Site, Development, and Operational Standards
1. Add new condition "c" to Section 88.30.020.F.2 to allow up to fifty percent(50%) of an
existing non-conforming wood fence to be repaired and or replaced
2. Add new condition "c"to Section 88.30.020.G.2 to allow air conditioning units to be
painted instead of screened, at the discretion of the Community Development Director.
3. Add language to Section 88.30.060.C.1.c to require Flag Lots to have a minimum of 15
feet wide street frontage. "
Development Code Amendment
DCA 228
December 16, 2009
Page 3 of 5
4':.'''-Amend Section 88.34.060.A.3 (a) Landscape Standards—Landscape Design/Height
Limits. To increase the height limit to 42 inches, consistent with Section 88.30.040.E.2.
S .':Amend Section 88.34.060.B.3(c) to allow artificial turf at the Economic and Community
Development Director's discretion.
Amend Section 88.34.080 (Water Efficient Landscaping) in response to Assembly Bill
1881 requirements. See attached Exhibit "B" for detailed discussion.
7. Amend Section 88.36.050.F.1 to include language stating new open patios are not
considered an increase of the original floor area.
8. Amend Section 88.38.035.B.1 to allow two-sided real estate signs.
9. Amend Section 88.38.060 to allow"Projecting, Wall Mounted and Wall-painted" signs.
Article 4 —Standards for Specific Land Uses
1. Amend Section 88.42.020.C.3 to make an exception for existing garages regarding the
10-foot minimum setback between structures.
2. Amend Section 88.42.120. to include language applying standards to new and mixed use
projects
3. Amend Section 88.42.160 to allow storage containers with a temporary use permit in the
DW zone.
4. Amend Section 88.42.190.D.2 to clarify that a carriage house design is only allowed as a
second unit.
5. Amend Section 88.46.030 to include additional auxiliary generators as deemed necessary
by the Community Development Director.
6. Amend Section 88.46.040.A. to allow the height and location of antennas to be a
component of the minor use permit process.
7. Amend Section 88.46.060.B with the clarification of"non-stealth" communications
facilities.
Development Code Amendment
DCA 228
December 16, 2009
Page 4 of 5
Article 5 —Development Code Administration Procedures
1. Amend Section 88.51.030.E to allow annual temporary use permits for multiple sidewalk
sales/parking lot sales and promotional events.
2. Amend Section 88.54.020.A.5 to require compliance with all Development Standards.
Article 7—Glossary
1. Amend Section 88.70.020.0 to include"tax preparation offices"in the definition of"Office
—Business/Service."
2. Amend Section 88.70.020.S to include "consignment goods" in the definition of"second
hand store
3. Amend Section 88.70.020.S to clarify the definition of "shopping center" as a retail
commercial site where only fifteen(15%)of allowed uses are non-retail and at least one retail
space has at least 25,000 square feet.
ENVIRONMENTAL REVIEW
The "cleanup" amendments to the Development Code and revised water efficient landscape
regulations contained in the draft ordinance are exempt from review under the California
Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.).
The"cleanup"amendments are exempt under CEQA Guidelines section 15061(b)(3)and are outside
the definition of a"project under Section 15378 of the CEQA Guidelines and Section 21065 of the
Public Resources Code. Due to the nature of the code amendments being considered, the
amendments have no potential for resulting in either a direct or reasonably foreseeable indirect
physical change in the environment. Pursuant to State CEQA Guidelines section 15307 (14 Cal.
Code Regs., § 15307), the revised water efficient landscape regulations are covered by the CEQA
Categorical Exemption for actions taken to assure the maintenance, restoration, enhancement, or
protection of a natural resource where the regulatory process involves procedures for protection of
the environment. The adoption of the draft ordinance and the revised water efficient landscape
regulations will result in the enhancement and protection of water resources, and will not result in
cumulative adverse environment impacts or any other potentially significant impact described in
State CEQA Guidelines section 15300.2.
CONCLUSION
The proposed amendments will clarify the existing language in the Development Code and will make
needed modifications,particularly regarding the existing regulations for water efficient landscaping.
Development Code Amendment
DCA 228
December 16, 2009
Page 5 of 5
ATTACHMENTS:
Exhibit "A" Proposed Development Code Revisions
Exhibit"B" Section 88.34.080—Discussion of Proposed Amendment
Exhibit"C" Draft Resolution
Exhibit"A"
DEVELOPMENT CODE REVISIONS
Article 2—Urban Standards
Allowable Land Uses: Permit Requirements—Tables 2.2, 2-3 & 2.4
1. Tables 2-2 and 2-4:
Home Occupation Business Licenses to be allowed in DW (District West End
Industrial), DWL (District West End Light Industrial), OS (Open Space) and
Monrovia Nursery Specific Plan zones.
Currently Home Occupation Business Licenses are a permitted use in all zones except
DW, DWL and OS, REC (Recreation), INS (Institutional) and Monrovia Nursery Specific
Plan zones. For consistency, staff is recommending that a Home Occupation Business
License be allowed in the DW, DWL, OS and Monrovia Nursery Specific Plan zones for
existing residences.
2. Tables 2-2 and 2-3:
Alcoholic Beverage Sales to require UP (Use Permit) in all cases.
Currently Tables 2-2 and 2-3 list a MUP (Minor Use Permit) requirement while Section
88.42.030 states a UP (Use Permit) is required. The City Attorney has recommended
that the tables be changed to be consistent with Section 88.42.030.
3. Tables 2-2 and 2-3:
MUP (Minor Use Permit) to be required for all uses in all commercial zones
operating between 9:00 pm and 7:00 am. Currently a Minor Use permit to operate
between 9:00 p.m. and 7:00 a.m. is only required for retail uses. Staff is recommending
that a MUP be required for all commercial uses proposing to operate during these times.
4. Table 2-3:
Auto and vehicle sales and rental to be allowed with a UP(4) (Use Permit) in CSA
(Corridor South Azusa) zone. Currently an auto and vehicle sales and rental use is not a
permitted use in the CSA zone. It is allowed in the CAH (Corridor Arrow Highway),the
DW (District West End Industrial), and the DWL (District West End Light Industrial),
zones with a Minor Use Permit. Staff is recommending that auto and vehicle sales and
rental be allowed in the CSA zone with a UP (Use Permit) and with the additional
constraint#(4): that the property proposed for the auto and vehicle sales and rental use
should be at least 40,000 square feet in area.
Article 3—Site, Development, and Operational Standards
A-1
1. Section 88.30.020.F.2.c Wood fences are prohibited on a site perimeter except for:...
"c. Up to 50% of an existing non-conforming wood fence can be repaired and or
replaced."
2. Section 88.30.020.G.2.c Mechanical Equipment, Loading Docks, and Refuse Areas. "c.
Replacement air conditioning and heating units and new air conditioning and
heating units, not visible from the public street, may be painted instead of screened
at the discretion of the Community Development Director or his designee."
3. Section 88.30.060.C.1.c Flag Lot. "Flag lots are prohibited within the city, except where
no other feasible subdivision alternative exists, and the use of a flag lot is authorized by
use permit approval. "Flag lots require a minimum of 15' wide street frontage and
the flag lot area and minimum frontage width shall not include the access street."
4. Section 88.34.060.A.3 (a) Landscape Standards—Landscape Design/Height Limits.
"Landscape materials shall be selected, placed on a site, and maintained to not: a. Exceed
a maximum height of 36 42 inches within a required traffic safety visibility area..." This
makes Section 88.34.060.A.3 (a) consistent with Section 88.30.040.E.2.
5. Section 88.34.060.B.3(c) Landscape Standards—Plant Material/Groundcover and Shrubs.
"Artificial groundcover b " t b llowe (turf) is allowed at the
discretion of the Economic and Community Development Director or his designee.
Artificial shrubs shall not be allowed."
6. Section 88.34.080 Water Efficient Landscaping. Replace Section 88.34.080 with new
Section 88.34.080.
7. Section 88.36.050.F.1 Nonconforming Parking/Residential Uses. 1. "No additional
parking spaces shall be required;provided, the change does not increase the original floor
area by more than 25 percent, nor increases the number of dwelling units, nor eliminate
the only portion of the site that can be used for the required or existing parking or access.
New open patios are not considered an increase of the original floor area."
8. Section 88.38.035.B.1 Exemptions from Sign Permit Requirements/Temporary
Signs/Real Estate Signs. "a. Districts, Corridors and Neighborhood Centers. Properties
within the districts, corridors and neighborhood centers identified by Article 2 (Urban
Standards) shall be allowed one, two-sided real estate sign, of no more than six square
feet each side, with a maximum height for freestanding signs of six feet, for each parcel
frontage."
9. Section 88.38.060 Sign Standards by Area- Table 3-12: Sign Standards for Districts,
Corridors and Neighborhood Centers. Allowed Sign Types: "Projecting, Wall Mounted
and Wall-painted."
A-2
Article 4— Standards for Specific Land Uses
8. Section 88.42.020.C.3 Accessory Structures/Separation Between Structures. "Each
accessory structure shall be set back from any other structure on the site by a minimum of
ten feet unless the accessory structure is an existing garage connected to the main
house by a breezeway."
9. Section 88.42.120. Mixed Use Projects. "This section provides standards for the design
of new mixed use projects, where allowed by Article 2 (Urban Standards). These
standards also apply to existing mixed use developments if any change in
construction or use is applied for."
10. Section 88.42.160 Outdoor Storage/Enclosure and Screening Required "Outdoor storage
areas shall be entirely enclosed by a solid wall or fence as approved by the review
authority with a minimum height of six feet and a maximum height of eight feet. Storage
containers may be allowed with a Temporary Use Permit in the DW zone only,
located so as not to be visible from the street."
11. Section 88.42.190.D.2 Second Units and Carriage houses/Minimum Site Area
"2. A carriage house may be allowed above a garage on a parcel of at least 10,000 square
feet where the house is accessed by a garage. A carriage house design is only allowed
as a second unit, not as a primary residential unit."
12. Section 88.46.030 Applicability "A. Replacement or modification of previously
permitted facilities or equipment determined by the Director to be of minor nature ....at
the site. This would include additional auxiliary generators as deemed necessary by
the Community Development Director or his designee."
13. Section 88.46.040.A.3 Permit Requirements/Use Permit or Minor Use Permit. Use
permit approval is required for all communication facilities subject to this chapter except
for the facilities listed in subsections A.1, A.2, and A.3, which shall require minor use
permit approval. The Director shall ensure through the minor use permit approval that
each facility complies with all applicable of this chapter,with the height and location of
the antenna to be a component of the minor use permit process and subject to the
discretion of the Community Development Director or his designee."
14. Section 88.46.060.B Facility Design and Development Standards/Height Limitations. "2.
The height of non-stealth communications facility located on a structure shall at no
time exceed the height allowed by the subject zoning district.
Article 5—Development Code.Administration Procedures
1. Section 88.51.030.E. Allowed Temporary Uses 6. Outdoor Display/Sales."The temporary
outdoor display/sales of merchandise (e.g. sidewalk sales and promotional events) at
shopping centers and single commercial lots, in compliance with 88.42.150. The
A-3
property owner may make an application for an annual temporary use permit to
conduct multiple sidewalk/parking lot sales and promotional events within a designated
portion of the site."
2. Section 88.54.020.A.5 Restriction on Nonconforming Uses and Structures/Nonconforming
Uses of Land/Replacement Uses. "5. The use of the site after the discontinuance or removal
of a nonconforming use shall comply with all applicable requirements of this Development
Code and the applicable zoning district, including all Development Standards, except as
provided by Section 88.54.040 for dwelling units."
Article 7—Glossary
1. Section 88.70.020.0. Definitions"0""Office.2.Business/Service.Establishments providing
direct services to consumers or clients,typically with higher client volumes that experienced
by the other types of offices listed. Examples of these uses include employment agencies,
insurance agent offices, real estate offices, social service organizations, travel agencies,
utility company offices,tax preparation offices,etc. This does not include"Bank,Financial
Services,"which is separately defined."
2. Section 88.70.020.S. Definitions "S" Second hand store. A retail store that buys and sells
used products and consignment goods, including .... used records and/or CD's, ect.)."
3. Section 88.70.020.5. Definitions"S" "Shopping Center. Aprimarilyretail commercial site,
where only 15% of allowed uses are non-retail, and at least one retail space in each
center has a minimum of 25,000 square feet in area, with three or more separate
businesses sharing common pedestrian and parking areas."
A-4
Attachment "B"
AN ORDINANCE AMENDING CHAPTER 88.34 OF THE AZUSA MUNICIPAL CODE,
PERTAINING TO WATER EFFICIENT LANDSCAPING
[Attached]
B-1
Exhibit "B"
Proposed Amendment to Section 88.34.080—Water Efficient Landscaping
Background
The State Legislature adopted the Water Conservation in Landscaping Act(California Government
Code section 65591 et seq.) (the "Act") in 1990 to improve state water conservation efforts by
reducing the waste associated with outdoor landscaping irrigation. The Act required the California
Department of Water Resources ("DWR")to develop a model water efficient landscape ordinance
more than a decade ago. That ordinance is now outdated and fails to reflect contemporary
technological developments.
California Assembly Bill 1881 ("AB 1881"),enacted into law on September 28,2008,modifies and
strengthens the Act. A key provision of AB 1881 requires the DWR to update the existing model
water efficient landscape ordinance, which then serves as a model ordinance for cities and counties
to adopt mandatory local landscape irrigation ordinances. The main change in DWR's updated
ordinance revolves around the new requirement that jurisdictions must now reduce the"Maximum
Applied Water Allowance"(MAWA)rates,resulting in a 30%reduction in water allocations for new
landscapes.
All cities and counties must either (1) adopt the DWR's updated model water efficient landscape
ordinance (the "Model Ordinance") or (2) adopt a customized local water efficient landscape
ordinance that is at least as effective in conserving water as the updated Model Ordinance. AB 1881
makes the updated Model Ordinance automatically applicable within the jurisdiction of each city and
county that has not adopted its own water efficient landscape ordinance or the updated Model
Ordinance by January 1, 2010.
The replacement of existing Section 88.34.080 with the revised Section 88.34.080 (the proposed
draft ordinance attached as Exhibit"D")will establish water efficient landscape regulations which
would be as efficient as the Model Ordinance in saving water in compliance with AB 1881 and
provide more direct local control. The proposed revision will amend the existing landscaping
regulations to reflect the Water Efficient Landscape Ordinance requirements.
Implementation of the proposed revised water efficient landscape regulations is integrated into the
existing development review process. This streamlines the process for the applicants to the fullest
extent possible while ensuring that projects comply with the new regulations.
Applicability
The applicability criteria for the revised water efficient landscape regulations are consistent with that
required by the Model Ordinance. Projects which are subject to the requirements of the proposed
water efficient regulations are generally those which already require discretionary approval and/or a
ministerial permit and which meet certain size criteria.
B-1
Landscape projects which currently require discretionary approvals are generally associated with
new development projects and included as a landscape plan. While planting of trees, shrubs, and
grass does not require any City permits, the irrigation and wiring portion of landscaping projects
can require plumbing and electrical permits.
Below are several examples of projects which would be required to comply with the regulations
within the revised water efficient landscape regulations.
• A new commercial shopping center with proposed landscaped areas totaling 2,500
square feet or more.
• A new residential development with proposed landscaped common and private
areas of 2,500 square feet or more.
• New landscaping of parkways and medians when the area of landscaping is over
2,500 square feet.
• An existing residential development with 2,500 or more square feet of landscaped
area which modifies their approved common area landscape plan in a manner that affects at least
50% of the total landscaped area.
• Construction of a new swimming pool and associated planting area totaling 5,000
square feet or more at a private residence.
• Re-landscaping at a private residence that totals over 5,000 square feet and that is
at least 50% of the total landscaped area.
Homeowner's Associations
Due to time constraints, staff was unable to brief all homeowner's associations (HOAs) within the
City regarding the new landscape requirements prior to the Planning Commission meeting.
However, in order to ensure that HOAs within the City fully understand the proposed revised water
efficient landscape regulations, staff will offer to meet with all HOAs in the first part of 2010 to
ensure that they are aware of the requirement.
Water Quality
The proposed revised water efficient landscape regulations in the draft ordinance do not apply to,nor
are they intended to,address such issues as water runoff from uses such as car washes. Regulation of
surface water runoff with potential contaminants will continue to be addressed in the City's NPDES
permit and Water Quality Ordinance.
B-2
Regulations
The goal of the revised regulations in the draft ordinance is to ensure that the water usage associated
with landscaping for applicable projects does not exceed the Maximum Applied Water Allowance
(MAWA). The MAWA is calculated by taking into account a local evapotranspiration rate (the
speed at which water evaporates as determined for a specific geographical area) and the size of the
proposed landscaped area. The MAWA represents the gallons per year of water that can be used to
irrigate landscaping by relating to the pace of evaporation.Theoretically,the MAWA determines the
threshold for over-watering.
Landscape projects subject to the revised water efficient landscape regulations will be required to
calculate the Estimated Applied Water Use(EAWU),which is the annual amount of water in gallons
estimated to keep plants in a healthy state, otherwise known as a water budget. The EAWU is
calculated using the evapotranspiration rate,the size of the proposed landscaped area,plant factors
(types of plants and their associated water use) and irrigation efficiency(which rates the amount of
water from a sprinkler head type which successfully irrigates the plants). Other factors, such as
vegetation mix, and microclimates created by adjacent areas around the proposed landscaped areas,
may also affect the calculations.
Landscape projects must have an EAWU that is less than the MAWA to comply with the regulations
of the revised water efficient landscape regulations. Setting a limitation on water usage requires
landscaped projects to use plants with low water usage and irrigation systems which are higher in
efficiency. The complex nature of the calculations necessitates a trained landscape professional to
ensure that a proposed landscape project meets the regulations. Currently, landscape plans are
required to be prepared by a landscape professional. Therefore, the new regulations pertaining to
water usage calculations will also be required to be completed by a landscape professional.
Implementation
The proposed revised water efficient landscape regulations in the draft ordinance do not create a new
development review process. Rather, review and certification in compliance with the new
regulations will be integrated into the existing development review and plan check process.
Applicants will be required to submit a Landscape Documentation Package. The Landscape
Documentation Package is to demonstrate compliance with the proposed revised water efficient
landscape regulations. The required submittal elements are listed in Table 1.
B-3
Table 1 —Landscape Documentation Package Items
Review
Submittal Item Description
Responsibility
Certification of Landscape Certifies that the proposed landscape project Landscape
Design complies with ordinance Professional
Landscape Submittal Sheet Includes project information and items required for City
a complete submittal
Landscape
MAWA Calculation Worksheet showing calculation and sources
Professional
Landscape
EAWU Calculation Worksheet showing calculation and sources
Professional
Water Efficient Landscape Worksheet showing MAWA and EAWU Landscape
Worksheet calculations Professional
An analysis of the soil with recommendations to Landscape
Soil Management Report minimize runoff and encourage healthy plant
Professional
growth
Landscape Design Plan A landscape plan complying with the regulations Landscape
of the Guidelines Professional
A plan for irrigation systems complying with the Landscape
Irrigation Design Plan regulations of the Guidelines Professional
Grading Design Plan Demonstrates grading in conjunction with City
landscape projects
For review of the technical components of the submittal relating to the revised water efficient
landscape regulations, an additional review process would be required. This is addressed with the
Some of the elements of the Landscape Documentation Package, such as landscaping and grading
plans, are currently required by the City during the existing development review process.
The revised water efficient landscape regulations propose a self-certification process during which a
licensed landscaped professional would sign a Certification of Landscape of Design,which includes
his or her license number and/or professional stamp, stating that the landscape design is in
conformance with the revised water efficient landscape regulations.This would minimize the cost of
implementation and the need for additional staff. The permit will not be issued unless the Landscape
Documentation Package is complete, including this certification.
Once construction of the landscape is complete,the installation contractor or designer will sign the
Certificate of Completion stating that the installation is complete and is in substantial conformance
with the original plan. Once the Certificate of Completion is accepted by the City and all final
inspections for the project approved by City inspectors, the project will be considered complete.
B-4
The Landscape Installation Certificate of Completion package will include:
1. Certification that the project was constructed per the approved plans;
2. Irrigation scheduling parameters used to set the controller; and
3. Landscape and irrigation maintenance schedules.
Compliance with State Regulations
AB 1881 requires local agencies to include information in the record for any approval that designates
the locally-approved alternative to the States Model as"equally effective"in conserving landscaping
irrigation water. The appropriate action is suggested to utilize findings to establish the City's
position in the record. In preparing the revised water efficient landscape regulations in the draft
ordinance,no essential element of the State's Model Ordinance has been dropped,only re-organized
to function more efficiently.
Summary
The draft ordinance and the proposed revised water efficient landscape regulations are intended to
comply with the requirements of Assembly Bill 1881,whose main purpose is to promote and require
water conservation by specifying technical requirements for the planning and design of landscaping
projects.
B-5
Exhibit "C"
Proposed Resolution
[Attached]
C-1
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 88.34 OF THE AZUSA
MUNICIPAL CODE PERTAINING TO WATER EFFICIENT
LANDSCAPING
WHEREAS, California Constitution article X, section 2 and California Water Code
section 100 provide that because of conditions prevailing in the State of California (the
"State"), it is the declared policy of the State that the general welfare requires that the
water resources of the State shall be put to beneficial use to the fullest extent of which
they are capable, the waste or unreasonable use of water shall be prevented, and the
conservation of such waters is to be exercised with a view to the reasonable and
beneficial use thereof in the interest of the people and the public welfare; and
WHEREAS, pursuant to California Water Code section 106, it is the declared policy of
the State that the use of water for domestic use is the highest use of water and that the
next highest use is for irrigation; and
WHEREAS, California Assembly Bill 1881 ("AB 1881"), enacted into law on September
28, 2008, modifies and strengthens the existing "Water Conservation in Landscaping
Act" (California Government Code section 65591 et seq.) (the "Act"). The Act's goal is
to improve state water conservation efforts by establishing a model water efficient
landscape ordinance for local agencies to adopt and use for the purpose of reducing water
waste associated with irrigation of outdoor landscaping; and
WHEREAS, AB 1881 requires the State Department of Water Resources ("Department")
to update the existing model water efficient landscape ordinance which provides
guidelines for cities and counties to adopt local landscape irrigation ordinances as
required by the law; and
WHEREAS, all cities and counties are required to either adopt the State's updated model
water efficient landscape ordinance (the "Model Ordinance") or, by January 1, 2010,
adopt their own water efficient landscape ordinance that is as effective in conserving
water as the Model Ordinance; and
WHEREAS, a model water efficient landscape ordinance has been developed for local
agencies in Orange County (the "Orange County Model Ordinance") and the City has
determined to adopt its own local water efficient landscape ordinance, based on the
Orange County Model Ordinance, that is as effective in conserving water as the Model
Ordinance; and
WHEREAS, this Ordinance is exempt from review under the California Environmental
Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.).
Pursuant to State CEQA Guidelines section 15307 (14 Cal. Code Regs., § 15307), this
Ordinance is covered by the CEQA Categorical Exemption for actions taken to assure the
maintenance, restoration, enhancement, or protection of a natural resource where the
1
ORANGE\N STUBBS\63412.1
regulatory process involves procedures for protection of the environment. The adoption
of this ordinance will result in the enhancement and protection of water resources, and
will not result in cumulative adverse environment impacts or any other potentially
significant impact described in State CEQA Guidelines section 15300.2. It is therefore
exempt from the provisions of CEQA.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council hereby finds and determines that:
a) The foregoing recitals are true and correct and are incorporated herein.;
b) Current local design practices in new landscapes typically achieve the State Model
Water Efficient Landscape Ordinance water use goals;
c) Consistent with these findings, the purpose of the City's Water Efficient Landscape
Ordinance is to establish an alternative model acceptable under AB 1881 as being at
least as effective as the State Model Water Efficient Landscape Ordinance in the
context of conditions in the City in order to:
1. Promote the benefits of consistent landscape ordinances with neighboring local
and regional agencies;
2. Promote the values and benefits of landscapes while recognizing the need to
invest water and other resources as efficiently as possible;
3. Establish a structure for planning, designing, installing, and maintaining and
managing water efficient landscapes in new construction and rehabilitated
projects;
4. Establish provisions for water management practices and water waste prevention
for existing landscapes;
5. Use water efficiently without waste by setting a Maximum Applied Water
Allowance as an upper limit for water use and reduce water use to the lowest
practical amount; and
6. Encourage the use of economic incentives that promote the efficient use of water,
such as implementing a budget-based tiered-rate structure.
SECTION 2. Amendments to Chapter 88.34 —New Section 88.34.080
Section 88.34.080 of the Azusa Municipal Code is hereby deleted in its entirety and
restated to read as follows:
2
ORANGE\N STUBB S\63412.1
RESOLUTION NO. 2009-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
AZUSA RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF
AZUSA APPROVAL OF AMENDMENTS TO THE 2005 DEVELOPMENT
CODE (CASE NUMBER#CA 228)
2
WHEREAS, California Government Code, Section 65800 et seq. authorizes the
adoption and administration of zoning laws,ordinances,rules and regulations by cities as a means of
implementing the General Plan; and
WHEREAS, on February 22, 2005,the City Council adopted the new Development
Code with the understanding that the new format included wholesale changes to the prior Code,and
that flaws would be discovered and revisions would be necessary after the new Code was
implemented; and
WHEREAS, City staff has prepared a number of proposed amendments to the
Development Code to provide clarification and to add necessary language to the existing provisions
of the Code; and
WHEREAS, the Planning Commission has carefully considered all pertinent
testimony and the staff report presented during the public hearing for the proposed revisions to the
Development Code.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
AZUSA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1: Based on the entire record before the Planning Commission, all written and
oral evidence presented to the Planning Commission, and the findings made in the staff report and
this Resolution, the Planning Commission of the City of Azusa hereby recommends that the City
Council adopt the attached ordinances entitled: (1)"AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF AZUSA APPROVING AMENDMENTS TO CHAP PERS 88.24-DISTRICTS;
88.30—STANDARDS FOR ALL DEVELOPMENT AND LAND USES; 88.34—LANDSCAPING
STANDARDS; 88.36—PARKING AND LOADING; 88.38—SIGNS; 88.42—STANDARD FOR
SPECIFIC LAND USES; 88.46 — TELECOMMUNICATION FACILITIES; 88.51 — PERMIT
REVIEW AND DECISION; 88.54 — NONCONFORMING USES, STRUCTURES AND
PARCELS;AND 88.70—DEFINITIONS,OF CHAPTER 88—DEVELOPMENT CODE,OF THE
CITY OF AZUSA MUNICIPAL CODE," which is attached hereto as Attachment "A" and
incorporated herein by reference; and (2) "AN ORDINANCE AMENDING CHAPTER 88.34 OF
THE AZUSA MUNICIPAL CODE, PERTAINING TO WATER EFFICIENT LANDSCAPING,"
which is attached hereto as Attachment"B" and incorporated herein by reference.
SECTION 2: The Planning Commission finds that the revisions to the Development Code
proposed by the above referenced ordinances are in the public interest and reasonably related to the
Resolution No.2009- 22
-
December 16,2009
Page 2 of 2
public welfare because it clarifies the established zoning classifications that provide for the future
growth and development of Azusa in an environmentally sensitive manner and in a manner that
accommodates future population while protecting the public health, safety and welfare of the
residents and business owners of the City. Further, the revisions to the Development Code make
minor adjustments resulting in reasonable development standards that maintain the character of each
zone designation.
SECTION 3: The Planning Commission also finds that adoption of these revisions to the
Development Code is consistent with the City of Azusa General Plan because the various
adjustments to the regulations in the Development Code are consistent with the land use designations
contained in the General Plan. Moreover, the revisions to the Development Code continue the
classification of areas using terms that are consistently used in the General Plan(i.e.,Neighborhoods,
Corridors are Districts). Further, the adjustments to the development standards contained in the
Development Code further the objectives and policies of each element of the General Plan and do
not obstruct their attainment.
SECTION 4: The ordinance to amend portions of the Development Code is not subject to the
California Environmental Quality Act ("CEQA") pursuant to Sections 15060 c 2 because the
activity, which involves clarifying and recodifying Sections of Chapter 88 of the City of Azusa
Municipal Code,will not result in a direct or reasonably foreseeable indirect physical change in the
environment; and 15060(c)(3)because the activity is not a project as defined in Section 15378 of the
CEQA Guidelines,California Code of regulations,Title 14,Chapter 3,because it has no potential for
resulting in physical change to the environment, directly or indirectly.
SECTION 5: The ordinance to amend Chapter 88.34 regarding water efficient landscaping is
exempt from review under the California Environmental Quality Act("CEQA") (California Public
Resources Code Section 21000 et seq.). Pursuant to State CEQA Guidelines section 15307 (14 Cal.
Code Regs., § 15307), this ordinance is covered by the CEQA Categorical Exemption for actions
taken to assure the maintenance,restoration,enhancement,or protection of a natural resource where
the regulatory process involves procedures for protection of the environment. The adoption of this
ordinance will result in the enhancement and protection of water resources, and will not result in
cumulative adverse environment impacts or any other potentially significant impact described in
State CEQA Guidelines section 15300.2. It is therefore exempt from the provisions of CEQA.
SECTION 6: The Secretary shall certify to the adoption of this resolution.
APPROVED AND ADOPTED by the members of the Planning Commission of Azusa this 16th
day of December, 2009.
C.Q..5,14
AZ
USA PLANNP'IG COMMISSION CHAIRMAN
2
Resolution No. 2009-22 —
December 16,2009
Page 3 of 2
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Azusa at a regular meeting thereof held on the 16th day of December,
2009, by the following vote of the Planning Commission:
AYES: ALVA, DS •N, LEE, MILLNER
NOES:
ABSE T: KINDf'
ABST• IN: it
AZUSA Pig', ' ION SECRETARY
3
Attachment"A"
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING
AMENDMENTS TO CHAPTERS 88.24 gDISTRICTS;SCAPING STANDARDSO88 3R 6L
DEVELOPMENT AND LAND USES; 8 —
—
PARKING AND LOADING;88.38— FACILITIES;88D51-PERMIT REVIEW AND
FOR SPECIFIC LAND
USES;88.46—TELECOMMUNICATION DECISION;88.54—NONCONFORNIIN 8 USES,STRUCTURES
AND
F THE CITY D
88.70—DEFINITIONS,OF CHAPTER —
AZUSA MUNICIPAL CODE
[Attached]
A-1
ATTACHMENT B
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 88.34 OF THE AZUSA
MUNICIPAL CODE PERTAINING TO WATER EFFICIENT
LANDSCAPING
WHEREAS, California Constitution article X, section 2 and California Water Code
section 100 provide that because of conditions prevailing in the State of California (the
"State"), it is the declared policy of the State that the general welfare requires that the
water resources of the State shall be put to beneficial use to the fullest extent of which
they are capable, the waste or unreasonable use of water shall be prevented, and the
conservation of such waters is to be exercised with a view to the reasonable and
beneficial use thereof in the interest of the people and the public welfare; and
WHEREAS, pursuant to California Water Code section 106, it is the declared policy of
the State that the use of water for domestic use is the highest use of water and that the
next highest use is for irrigation; and
WHEREAS, California Assembly Bill 1881 ("AB 1881 "), enacted into law on September
28, 2008, modifies and strengthens the existing "Water Conservation in Landscaping
Act" (California Government Code section 65591 et seq.) (the "Act"). The Act's goal is
to improve state water conservation efforts by establishing a model water efficient
landscape ordinance for local agencies to adopt and use for the purpose of reducing water
waste associated with irrigation of outdoor landscaping; and
WHEREAS, AB 1881 requires the State Department of Water Resources ("Department")
to update the existing model water efficient landscape ordinance which provides
guidelines for cities and counties to adopt local landscape irrigation ordinances as
required by the law; and
WHEREAS, all cities and counties are required to either adopt the State's updated model
water efficient landscape ordinance (the "Model Ordinance") or, by January 1 , 2010,
adopt their own water efficient landscape ordinance that is as effective in conserving
water as the Model Ordinance; and
WHEREAS, a model water efficient landscape ordinance has been developed for local
agencies in Orange County (the "Orange County Model Ordinance") and the City has
determined to adopt its own local water efficient landscape ordinance, based on the
Orange County Model Ordinance, that is as effective in conserving water as the Model
Ordinance; and
WHEREAS, this Ordinance is exempt from review under the California Environmental
Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.).
Pursuant to State CEQA Guidelines section 15307 (14 Cal. Code Regs., § 15307), this
Ordinance is covered by the CEQA Categorical Exemption for actions taken to assure the
maintenance, restoration, enhancement, or protection of a natural resource where the
1
ORANGE\NSTUBBS\63412.1
regulatory process involves procedures for protection of the environment. The adoption
of this ordinance will result in the enhancement and protection of water resources, and
will not result in cumulative adverse environment impacts or any other potentially
significant impact described in State CEQA Guidelines section 15300.2. It is therefore
exempt from the provisions of CEQA.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Findings.
The City Council hereby finds and determines that:
a) The foregoing recitals are true and correct and are incorporated herein;
b) Current local design practices in new landscapes typically achieve the State Model
Water Efficient Landscape Ordinance water use goals;
c) Consistent with these findings, the purpose of the City's Water Efficient Landscape
Ordinance is to establish an alternative model acceptable under AB 1881 as being at
least as effective as the State Model Water Efficient Landscape Ordinance in the
context of conditions in the City in order to:
1. Promote the benefits of consistent landscape ordinances with neighboring local
and regional agencies;
2. Promote the values and benefits of landscapes while recognizing the need to
invest water and other resources as efficiently as possible;
3. Establish a structure for planning, designing, installing, and maintaining and
managing water efficient landscapes in new construction and rehabilitated
projects;
4. Establish provisions for water management practices and water waste prevention
for existing landscapes;
5. Use water efficiently without waste by setting a Maximum Applied Water
Allowance as an upper limit for water use and reduce water use to the lowest
practical amount; and
6. Encourage the use of economic incentives that promote the efficient use of water,
such as implementing a budget-based tiered-rate structure.
SECTION 2. Amendments to Chapter 88.34—New Section 88.34.080
Section 88.34.080 of the Azusa Municipal Code is hereby deleted in its entirety and
restated to read as follows:
2
ORANGE\NSTUBBS\63412.1
88.34.080—Water Efficient Landscaping.
A. Definitions.
Except where the context of such words or phrases clearly indicates a different meaning
or construction, the words, terms, and phrases used in this section shall have the
following meanings ascribed to them:
Applied water. The portion of water supplied by the irrigation system to the landscape.
Association. A nonprofit corporation or unincorporated association created for the
purpose of managing a common interest development.
Budget-based tiered-rate structure. The tiered or block rates for irrigation accounts
charged by the retail water agency in which the block definition for each customer is
derived from lot size or irrigated area and the evapotranspiration requirements of
landscaping.
Certificate of Completion. The certificate required to be completed and submitted to the
City certifying that the landscape project has complied with the provisions of the water
efficient landscape regulations contained in this section and the Guidelines.
Common interest development. A community apartment project, condominium project,
planned development, and stock cooperative pursuant to California Civil Code Section
1351.
Ecological restoration project. A project where the site is intentionally altered to establish
a defined, indigenous, historic ecosystem.
Enforcement officer. Any employee or agent of the City authorized to enforce the
provisions of the Municipal Code as designated in writing by the City.
Estimated Applied Water Use. The average annual total amount of water estimated to be
necessary to keep plants in a healthy state, calculated as provided in the Guidelines. It is
based on the reference evapotranspiration rate, the size of the landscaped area, plant
water use factors, and the relative irrigation efficiency of the irrigation system.
ET adjustment factor or ETAF. The factor that is equal to the plant factor divided by the
irrigation efficiency factor for a landscape project, as described in the Guidelines. The
ETAF is calculated in the context of local reference evapotranspiration, using site-
specific plant factors and irrigation efficiency factors that influence the amount of water
that needs to be applied to the specific landscaped area. A combined plant mix with a
site-wide average plant factor of 0.5 (indicating a moderate water need) and average
irrigation efficiency of 0.71 produces an ET adjustment factor of(0.7) = (0.5/0.71), which
is the standard of water use efficiency generally required by this Section 88.34.080 and
the Guidelines, except that the ETAF for a special landscaped area shall not exceed 1.0.
3
ORANGE\NSTUBBS\63412.1
Guidelines. The Guidelines for Implementation of the City of Azusa Water Efficient
Landscape Regulations, which describe procedures, calculations, and requirements for
landscape projects subject to this section.
Hardscape. Any durable material or feature (pervious and impervious) installed in or
around a landscaped area, such as pavements or walls. Pools and other water features are
considered part of the landscaped area and not considered hardscape for purposes of this
section.
Homeowner installed. Any landscaping either installed by a private individual for a
single-family residence or installed by a landscape professional hired by a homeowner. A
homeowner, for purposes of this ordinance, is a person who occupies the dwelling he or
she owns or rents. This definition excludes speculative homes, which are not owner-
occupied dwellings and which are subject under this section to the requirements
applicable to developer-installed single-family and multi-family residential landscape
projects.
Hydrozone. A portion of the landscaped area having plants with similar water needs and
typically irrigated by one valve/controller station. A hydrozone may be irrigated or non-
irrigated.
Impervious. Any surface or natural material that does not allow for the passage of water
through the material and into the underlying soil.
Irrigation efficiency. The measurement of the amount of water beneficially used divided
by the amount of water applied. Irrigation efficiency is derived from measurements and
estimates of irrigation system characteristics and management practices. The minimum
average irrigation efficiency for purposes of this section is 0.71. Greater irrigation
efficiency can be expected from well designed and maintained systems.
Landscaped area. All the planting areas, turf areas, and water features in a landscape
design plan subject to the Maximum Applied Water Allowance and Estimated Applied
Water Use calculations. The landscaped area does not include footprints of buildings or
structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other
pervious or impervious hardscape, and other non-irrigated areas designated for non-
development (e.g., open spaces and existing native vegetation).
Landscape Documentation Package. The package of documents that a project applicant
is required to submit to the City for review and approval of landscape projects, as
described in the Guidelines.
Landscape professional. A licensed landscape architect, licensed landscape professional,
or any other person authorized to design a landscape pursuant to Sections 5500.1, 5615,
5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the California
Business and Professions Code, Section 832.27 of Title 16 of the California Code of
Regulations, and Section 6721 of the California Food and Agriculture Code.
4
ORANGE\N STUBBS\63412.1
Landscape project. The total area of landscape in a project, as provided in the definition
of"landscaped area," meeting the requirements under this section.
Local agency. A city or county, including a charter city or charter county, that is
authorized by the City to implement, administer, and/or enforce any of the provisions of
this section on behalf of the City. The local agency may be responsible for the
enforcement or delegation of enforcement of this section, including, but not limited to,
design review, plan check, issuance of permits, and inspection of a landscape project.
Local water purveyor. Any entity, including a public agency, city, county, or private
water company that provides retail water service.
Maximum Applied Water Allowance or MAWA. The upper limit of annual applied
water for the established landscaped area as specified in Section 2.2 of the Guidelines. It
is based upon the area's reference evapotranspiration, the ET adjustment factor, and the
size of the landscaped area. The Estimated Applied Water Use shall not exceed the
Maximum Applied Water Allowance.
Mined-land reclamation projects. Any surface mining operation with a reclamation plan
approved in accordance with the Surface Mining and Reclamation Act of 1975.
Model ordinance. The Model Water Efficient Landscape Ordinance adopted by the
California Department of Water Resources in accordance with California Government
Code section 65591 et seq.
New construction. A new building with landscaping or a landscape-dominated project,
such as a park, playground, playing field, or greenbelt or other new landscape, which may
or may not have an associated building or structure.
Pervious. Any surface or material that allows the passage of water through the material
and into the underlying soil.
Permit. An authorizing document issued by local agencies for new construction or
rehabilitated landscape.
Person. Any natural person, firm,joint venture,joint stock company, partnership, public
or private association, club, company, corporation, business trust, organization, public or
private agency, government agency or institution, school district, college, university, any
other user of water provided by the city, or the manager, lessee, agent, servant, officer or
employee of any of them or any other entity which is recognized by law as the subject of
rights or duties.
Plant factor or plant water use factor. A factor, when multiplied by ETo, that estimates
the amount of water needed by plants. For purposes of this section, the plant factor range
for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is
0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors
cited in this section are derived from the Department of Water Resources 2000
publication `Water Use Classification of Landscape Species.'
5
ORANGE\N STUB B S\63412.1
Project applicant. The person submitting a Landscape Documentation Package pursuant
to Section 2.1 of the Guidelines, to request a permit, plan check or design review from
the City for the installation of landscape.
Recycled water or reclaimed water. Treated or recycled waste water of a quality suitable
for non-potable uses such as landscape irrigation and water features, and which is not
intended for human consumption.
Reference evapotranspiration or ETo. A standard measurement of environmental
parameters which affect the water use of plants. ETo is given expressed in inches per
day, month, or year as represented in Appendix B of the Guidelines, and is an estimate of
the evapotranspiration of a large field of four-to seven-inch tall, cool-season grass that is
well watered. Reference evapotranspiration is used as the basis of determining the
Maximum Applied Water Allowances.
Rehabilitation project. A landscape project that results in the substantial removal and
replacement of, and/or modifications to, existing landscaping and meets the requirements
under subsections C(1)(c) and (e) of this section.
Special landscaped area. An area of landscape dedicated solely to edible plants such as
orchards and vegetable gardens, areas irrigated with recycled water, water features using
recycled water, and areas dedicated to active play such as parks, sports fields, golf
courses, and areas where turf provides a playing surface.
State. The State of California.
Turf. A ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass,
Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass,
Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass
are warm-season grasses.
Valve. A device used to control the flow of water in an irrigation system.
Water feature. A design element where water is artificially supplied and where open
water performs an aesthetic or recreational function. Water features include artificial
ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools. The
surface area of water features is included in the high water use hydrozone of the
landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat
protection or storm water best management practices that are not irrigated and used solely
for water treatment or storm water retention are not water features and, therefore, are not
subject to the water budget calculation.
Watering window. The time of day irrigation is allowed pursuant to any applicable city,
regional, state, or local water purveyor water conservation or drought response laws,
rules, policies, or regulations.
6
ORANGE\NSTUBB S\63412.1
B. Purpose and Intent.
1) The purpose of this section is to promote the conservation and efficient use of water
and to prevent the waste of this valuable resource.
2) The intent of this section is to establish alternative regulations that are at least as
effective as the State's Model Ordinance.
C. Applicability of water efficient landscape regulations.
1) The water efficient landscape regulations set forth in this section shall apply to the
following landscape projects:
a) New construction projects by public agencies or private developers of
non-residential projects which have a proposed landscaped area equal to or greater than
2,500 square feet, and are otherwise subject to:
1. A discretionary approval of a landscape plan, or
2. A ministerial permit for a landscape or water feature;
b) New construction projects by private developers, associations, or property
managers of residential projects which have a proposed landscaped area equal to or
greater than 2,500 square feet, and are otherwise subject to:
1. A discretionary approval of a landscape plan, or
2. A ministerial permit for a landscape or water feature;
c) Landscape rehabilitation projects by public agencies, private developers,
associations, or property managers of residential or non-residential projects which:
1. Have a proposed landscaped area equal to or greater than 2,500
square feet,
2. Propose to rehabilitate fifty percent (50%) or more of the existing
landscaped area, and
3. Are otherwise subject to:
(i.) A discretionary approval of a landscape plan, or
(ii.) A ministerial permit for a landscape or water feature;
d) Homeowner installed landscape for new construction of single-family or
multiple-family residential property, which have a proposed landscaped area equal to or
greater than 5,000 square feet, and are otherwise subject to:
1. A discretionary approval of a landscape plan, or
7
ORANGE\N STUB B S\63412.1
2. A ministerial permit for a landscape or water feature;
e) Homeowner installed landscape rehabilitation projects for single-family or
multiple-family residential property, which:
1. Have a proposed landscaped area equal to or greater than 5,000
square feet,
2. Propose to rehabilitate fifty percent (50%) or more of the existing
landscaped area, and
3. Are otherwise subject to:
(i). A discretionary approval of a landscape plan, or
(ii) A ministerial permit for a landscape or water feature.
2) This section does not apply to:
a) Registered local, State, or federal historical sites;
b) Ecological restoration projects that do not require a permanent irrigation
system;
c) Mined-land reclamation projects that do not require a permanent
irrigation system;
d) Plant collections, as part of botanical gardens and arboretums open to the
public;
e) Cemeteries; and
f) Any other new landscape installation project and landscape rehabilitation
project not listed in this section.
3) Notwithstanding the provisions of this section, Sections 2.8 and 2.9 of the
Guidelines shall apply to cemeteries.
4) A landscape design plan for projects in fire-prone areas and fuel modification zones
shall comply with requirements of the Los Angeles County Fire Department, where
applicable. When conflicts between the provisions of this section and fire safety
design elements exist, the fire safety requirements shall have priority.
D. Implementation procedures.
1) Prior to the issuance of any permits, a Landscape Documentation Package shall be
submitted to the City for review and approval of all landscape projects subject to
8
ORANGE\N STUB B S\63412.1
the provisions of this section. Any Landscape Documentation Package submitted
to the City shall comply with the provisions of the Guidelines.
2) The Landscape Documentation Package shall include a certification by a
landscape professional appropriately licensed in the State stating that the
landscape design and water use calculations have been prepared by or under the
supervision of such licensed landscape professional and are certified to be in
compliance with the provisions of this section and the Guidelines.
3) Landscape and irrigation plans shall be submitted to the City for review and
approval with appropriate water use calculations as set forth in the Guidelines.
4) Water use calculations shall be consistent with calculations contained in the
Guidelines.
5) Verification of compliance of the landscape installation with the approved plans
shall be obtained through a Certificate of Completion as provided in the
Guidelines, and where applicable, in conjunction with a certificate of use and
occupancy or permit final process.
E. Landscape Water Use Standards.
1) For new landscape installation or rehabilitated landscape projects subject to
this section, the Estimated Applied Water Use allowed for the landscaped area
shall not exceed the MAWA calculated using an ET adjustment factor of 0.7,
except for special landscaped areas where the MAWA is calculated using an ET
adjustment factor of 1.0; or the design of the landscaped area shall otherwise be
shown to be equivalently water-efficient in a manner acceptable to the City; as
provided in the Guidelines.
2) Irrigation of all landscaped areas shall be conducted in a manner
conforming to the rules, regulations, and requirements, including any established
watering windows, and shall be subject to the penalties and incentives for water
conservation and water waste prevention as determined and implemented by the
applicable local water purveyors or as mutually agreed by the local water
purveyors and the City.
F. Enforcement and administration.
1) The City Manager is authorized to administer and enforce the provisions of this
section and the Guidelines. Any City authorized personnel or enforcement
officers may exercise any enforcement powers as set forth in the Municipal Code.
2) The City may delegate to, or enter into a contract with, a local agency or other
person to implement and administer any of the provisions of this section on behalf
of the City.
9
ORANGE\NSTUBB S\63412.1
G. Guidelines for Implementation of the Water Efficient Landscape Regulations.
The City shall adopt Guidelines for the implementation of this section. Such Guidelines
may be amended from time to time by resolution of the City Council. Notwithstanding
the forgoing, the City Manager may establish any forms or other related documents to
administer compliance with the Guidelines as he or she deems appropriate and in
furtherance of this section.
H. Recovery of costs.
1) The City Manager or his or her designee shall serve an invoice for costs upon the
person or responsible person who is subject to a notice of violation, a cease and
desist order, or an administrative compliance order. An invoice for costs shall be
immediately due and payable to the City. If any person or responsible person fails
to either pay the invoice for costs or appeal successfully the invoice for costs in
accordance with this section, then the City may institute collection proceedings.
The invoice for costs may include reasonable attorneys' fees.
2) The City shall impose any other penalties or regulatory fees, as fixed from time to
time by resolution of the City Council, for a violation or enforcement of this
section.
3) In addition to the costs which may be recovered pursuant to the Municipal Code,
and in order to recover the costs of the water efficient landscape regulatory
program set forth in this section, the City Council may, from time to time, fix and
impose by resolution fees and charges. The fees and charges may include, but are
not limited to, fees and charges for:
a) Any visits of an enforcement officer, or other city staff or authorized
representative of the city for time incurred for inspections of property;
b) Any monitoring, inspection, and surveillance procedures pertaining to
enforcement of this section;
c) Enforcing compliance with any term or provision of this section;
d) Any other necessary and appropriate fees and charges to recover the cost
of providing the city's water efficient landscape regulatory program.
10
ORANGE\NSTUBB S\63412.1
SECTION 3. Amendment to Chapter 78, Azusa Municipal Code.
Section 78-544 of Chapter 78 of the Azusa Municipal Code is hereby deleted in its
entirety and restated to read as follows:
Sec. 78-544—Additional measures.
(a) The city shall provide each applicant for development permits with water
conservation information, including the requirements of any approved
landscape plan for the area to be developed.
(b) The city council may adopt landscape standards consistent with this
division by resolution.
(c) All planting, irrigation, and landscape-related improvements to new
landscape installation projects or landscape rehabilitation projects by
public agencies or private developers of public parks, public rights-of-
way, medians, and other landscaping related to streets and sidewalks, with
a landscaped area meeting the criteria set forth in Section 88.34.080,
subsection C(1), shall comply with the water efficient landscape
provisions of Section 88.34.080.
SECTION 4. Adoption of Guidelines for Implementation.
The City Council hereby approves and adopts the Guidelines for Implementation of the
City of Azusa Water Efficient Landscape Regulations (the "Guidelines"), attached hereto
as Exhibit "A" to this Ordinance and by this reference incorporated herein, for
implementation of this Ordinance and Section 88.34.080 of the Azusa Municipal Code.
The Guidelines describe the procedures, calculations, design requirements, and
verification process for landscape projects subject to Section 88.34.080. Any
amendments, modifications or any other type of change to the Guidelines may be adopted
and effectuated by Resolution of the City Council. Notwithstanding the foregoing, the
City Manager is hereby authorized to establish any forms or other related documents to
administer compliance with the Guidelines as he or she deems appropriate and in
furtherance of Section 88.34.080.
SECTION 5. Exemption from California Environmental Quality Act.
The City Council hereby determines that this Ordinance is exempt from review under the
California Environmental Quality Act ("CEQA") (California Public Resources Code
Section 21000 et seq.). Pursuant to State CEQA Guidelines section 15307 (14 Cal. Code
Regs., § 15307), this Ordinance is covered by the CEQA Categorical Exemption for
actions taken to assure the maintenance, restoration, enhancement, or protection of a
natural resource where the regulatory process involves procedures for protection of the
environment. The adoption of this Ordinance will result in the enhancement and
protection of water resources, and will not result in cumulative adverse environment
11
ORANGE\NSTUBB S\63412.1
impacts or any other potentially significant impact described in State CEQA Guidelines
section 15300.2. It is therefore exempt from the provisions of CEQA. The City Council
hereby directs the City Manager or his designee to prepare and file a Notice of
Exemption within five business days following adoption of this Ordinance.
SECTION 6. Severability.
If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any
reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance,
and each section, subsection, subdivision, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases or portions might subsequently be declared invalid or
unconstitutional.
SECTION 7. Conflicting Provisions.
If any provisions of Section 88.34.080 or Section 78-544 are in conflict with other
provisions of the Azusa Municipal Code, the City's general plan, any City adopted
specific plan or master plan, any other resolution or ordinance of the City, any State law
or regulation, or any requirements of the Los Angeles County Fire Department pertaining
to fire-prone areas and fuel modification zones, the more restrictive provisions shall
apply.
SECTION 8. Effective Date.
This Ordinance shall become effective thirty (30) days after its adoption in accordance
with the provisions of California law.
SECTION 9. City Clerk Certification.
The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be
posted as required by law.
12
ORANGE\N S TUB B S\63412.1
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Azusa on this day of ,2010.
JOSEPH R. ROCHA
MAYOR
ATTEST:
VERA MENDOZA
CITY CLERK
APPROVED AS TO FORM:
SONIA CARVALHO
CITY ATTORNEY
13
ORANGE\NSTUBB S\63412.1
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES ) SS
CITY OF AZUSA)
I, VERA MENDOZA, City Clerk for the City of Azusa, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the Azusa City
Council on the ( ) day of , 2010, and carried by the following
roll call vote,to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
VERA MENDOZA
CITY CLERK
14
ORANGE\NSTUBBS\63412.1
EXHIBIT "A"
GUIDELINES FOR IMPLEMENTATION
OF THE CITY OF AZUSA
WATER EFFICIENT LANDSCAPE REGULATIONS
[ATTACHED]
15
ORANGEW STUBB S\63412.1
ATTACHMENT C
GUIDELINES
FOR IMPLEMENTATION OF THE
CITY OF AZUSA
WATER EFFICIENT LANDSCAPE
REGULATIONS
TABLE OF CONTENTS
Section Page No.
1 . Purpose and Applicability 1
1 . 1 Purpose 1
1 .2 Applicability 2
2. Submittal Requirements for New Landscape Installations or Landscape
Rehabilitation Projects 3
2.1 Elements of the Landscape Documentation Package and
Landscape Submittal Sheet 3
2.2 Water Efficient Landscape Calculations and Alternatives 5
2.3 Soil Management Report 7
2.4 Landscape Design Plan 8
2.5 Irrigation Design Plan 10
2.6 Grading Design Plan 14
2.7 Certificate of Completion 15
2.8 Post-Installation Irrigation Scheduling 16
2.9 Post-Installation Landscape and Irrigation Maintenance 16
3. Provisions for Existing Landscapes 16
4. Conflicting Provisions 17
APPENDIX A — DEFINITIONS
APPENDIX B - REFERENCE EVAPOTRANSPIRATION (ETO) TABLE
APPENDIX C — WATER EFFICIENT LANDSCAPE WORKSHEET
APPENDIX D — LANDSCAPE SUBMITTAL SHEET
APPENDIX E — CERTIFICATION OF LANDSCAPE DESIGN
APPENDIX F — CERTIFICATE OF COMPLETION
APPENDIX G — CHECKLIST OF LANDSCAPE DOCUMENTATION PACKAGE
C-2
1. Purpose and Applicability
1.1 Purpose
(a) The primary purpose of these Guidelines is to provide procedural
and design guidance for project applicants proposing landscape installation or
landscape rehabilitation projects that are subject to the requirements of the Water
Efficient Landscape Regulations. This document is also intended for use and reference
by city staff and/or consultants in reviewing and approving designs and verifying
compliance with the Water Efficient Landscape Regulations. The general purposes of
the Water Efficient Landscape Regulations are to (i) promote the design, installation,
and maintenance of landscaping in a manner that conserves regional water resources,
by ensuring that landscape projects are not unduly water-needy and that irrigation
systems are appropriately implemented to minimize water waste; and (ii) establish
alternative regulations that are at least as effective as the Model Ordinance.
(b) Other regulations affecting landscape design, installation, and
maintenance practices are potentially applicable and should be consulted for additional
requirements. These regulations include but may not be limited to:
(1) city specific plans, master plans, general plan, or similar
land use and planning documents;
(2) Grading and Excavation Code;
(3) Water Quality Code;
(4) Development Code;
(5) California Government Code sections 65591 et seq.;
(6) National Pollutant Discharge Elimination System Permit
for the city's Municipal Separate Storm Sewer System;
(7) Los Angeles Fire Authority Regulations for Fuel
Modification in the Landscape;
(8) water conservation and drought response regulations of the
city and local water purveyor;
(9) regulations of the local water purveyor governing use of
recycled water;
(10) California Building Code as codified in Section 14-1 of the
Code; and
(11) any conditions of approval for a specific project.
C-3
1.2 Applicability
(a) These Guidelines shall apply to all of the following landscape
projects:
(1) new construction projects by public agencies or private
developers of non-residential projects which have a proposed landscaped area equal to or
greater than 2,500 square feet, and are otherwise subject to:
(A) a discretionary approval of a landscape plan, or
(B) a ministerial permit for a landscape or water
feature;
(2) new construction projects by private developers,
associations, or property managers of residential projects which have a proposed
landscaped area equal to or greater than 2,500 square feet, and are otherwise subject to:
(A) a discretionary approval of a landscape plan, or
(B) a ministerial permit for a landscape or water
feature;
(3) landscape rehabilitation projects by public agencies or
private developers of non-residential projects which:
(A) have a landscaped area equal to or greater than
2,500 square feet,
(B) propose to rehabilitate fifty percent (50%) or more
of the landscaped area, and
(C) are otherwise subject to:
(i) discretionary approval of a landscape plan,
or
(ii) a ministerial permit for a landscape or water
feature;
(4) homeowner installed landscape for new construction of
single-family or multiple-family residential property, which have a proposed landscaped
area equal to or greater than 5,000 square feet, and are otherwise subject to:
(A) a discretionary approval of a landscape plan, or
(B) a ministerial permit for a landscape or water
feature;
C-4
(5) homeowner installed landscape rehabilitation projects for
single-family or multiple-family residential property,which:
(A) have a landscaped area equal to or greater than
5,000 square feet,
(B) propose to rehabilitate fifty percent (50%) or more
of the landscaped area, and
(C) are otherwise subject to:
(i) discretionary approval of a landscape plan,
or
(ii) a ministerial permit for a landscape or water
feature.
(b) These Guidelines do not apply to:
(1) registered local, State, or federal historical sites;
(2) ecological restoration projects that do not require a
permanent irrigation system;
(3) mined-land reclamation projects that do not require a
permanent irrigation system;
(4) plant collections, as part of botanical gardens and
arboretums open to the public;
(5) cemeteries; and
(6) any other new landscape installation project and landscape
rehabilitation project not listed in Code section 88.34.080(C)(1) and Section 1.2(a)
hereof.
(c) Notwithstanding the provisions of Section 1.2(b) hereof, Sections
2.8 and 2.9 of these Guidelines shall apply to cemeteries.
2. Submittal Requirements for New Landscape Installations or Landscape
Rehabilitation Projects
2.1 Elements of the Landscape Documentation Package and Landscape
Submittal Sheet
A Landscape Documentation Package and Landscape Submittal Sheet are
required to be submitted by the project applicant for review and approval prior to the
issuance of ministerial permits by the city for landscape projects or water features, and
prior to start of construction. Unless otherwise directed by the city, the Landscape
C-5
Documentation Package shall include the following elements, either on plan sheets or
supplemental pages as directed by the city:
(a) project information, including, but not limited to, the following:
date; project name (if applicable); project address,parcel,tract, and/or lot number(s);
(b) total landscaped area (square feet) and rehabilitated landscaped
area (if applicable); project type (e.g., new, rehabilitated, public, private, cemetery,
homeowner-installed, commercial, industrial, business, single-family, multi-family);
water supply type (e.g., potable, recycled, or well) and identify the local water purveyor
if the project applicant is not served by a private well;
(c) the Checklist of Landscape Documentation Package in
accordance with Appendix G hereof;
(d) project contacts, including contact information for the project
applicant and owner;
(e) a Certification of Landscape Design in accordance with
Appendix E hereof that includes a landscape professional's professional stamp, as
applicable, signature, contact information (including email and telephone number),
license number, and date, certifying the statement that, "The design of this project
complies with the requirements of the city's Water Efficient Landscape Regulations"
and shall bear the signature of such landscape professional as required by law;
(f) a Landscape Submittal Sheet in accordance with Appendix D of
these Guidelines;
(g) Maximum Applied Water Allowance (MAWA) and Estimated
Applied Water Use (EAWU) calculations, expressed as annual totals, including, but not
limited to, the following: a Water Efficient Landscape Worksheet (optional at discretion
of the city) for the landscape project; hydrozone information table (optional at the
discretion of the city) for the landscape project; and water budget calculations (optional
at the discretion of the city) for the landscape project;
(h) a soil management report or specifications, or specification
provision requiring soil testing and amendment recommendations and implementation
to be accomplished during construction of the landscape project;
(i) a landscape design plan for the landscape project, including
identification of the plant material to be installed;
(j) an irrigation design plan for the landscape project;
(k) a grading design plan, unless grading information is included in
the landscape design plan for the landscape project, or unless the landscape project is
limited to replacement planting and/or irrigation to rehabilitate an existing landscaped
area. The grading design plan shall conform to the provisions of the Grading and
C-6
Excavation Code and any applicable provisions of the Water Quality Code and
Development Code; and
(1) any other information the city or the project applicant deems
relevant for determining whether the landscape project complies with the Water
Efficient Landscape Regulations and these Guidelines.
[Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596,
Government Code.]
2.2 Water Efficient Landscape Calculations and Alternatives
(a) The project applicant shall provide the calculated Maximum
Applied Water Allowance (MAWA) and Estimated Applied Water Use (EAWU) for
the landscaped area as part of the Landscape Documentation Package submitted to the
city.
(b) The project applicant shall complete the Water Efficient
Landscape Worksheets in accordance with the sample worksheets in Appendix C
hereof and shall comply with the following provisions:
(1) The EAWU allowable for the landscaped area shall not
exceed the MA WA. The MAWA shall be calculated using an Evapotranspiration
Adjustment Factor (ETAF) of 0.7, except for the portion of the MA WA applicable to any
special landscaped areas within the landscape project, which shall be calculated using an
ETAF of 1.0. Where the design of the landscaped area can otherwise be shown to be
equivalently water-efficient, the project applicant may submit alternative or abbreviated
information supporting the demonstration that the annual EAWU is less than the MAWA,
at the discretion of and for the review and approval of the city.
(2) Water budget calculations shall adhere to the following
requirements:
(A) The MAWA shall be calculated using the Water
Efficient Landscape Worksheets and equation presented in Appendix C on page C-4. The
example calculation on page B-1 thereof is a hypothetical example to demonstrate proper
use of the equation.
(B) The Estimated Applied Water Use shall be
calculated using the Water Efficient Landscape Worksheets and equation presented in
Appendix C on page C-5. The example calculation on page C-2 thereof is a hypothetical
example.
(C) For the calculation of the MAWA and EAWU, a
project applicant shall use the ETo values from the Reference Evapotranspiration (ETo)
Table in Appendix B.
C-7
(D) For calculation of the EAWU, the plant water use
factor shall be determined as appropriate to the project location from the Water Use
Classification of Landscape Species (WUCOLS) species evaluation list. The plant factor
is 0.1 for very low water use plants, 0.2 to 0.3 for low water use plants, 0.4 to 0.6 for
moderate water use plants, and 0.7 to 1.0 for high water use plants.
(E) For calculating the EAWU, the plant water use
factor shall be determined for each valve hydrozone based on the highest-water-use plant
species within the hydrozone. At the option of the project applicant or the city, the plant
factor for each hydrozone may be required to be further refined as a "landscape
coefficient" according to protocols defined in detail in the WUCOLS document, to reflect
planting density and microclimate effects on water needs.
(F) For calculation of the EAWU, the area of a water
feature shall be defined as a high water use hydrozone with a plant factor of 1.0.
(G) For calculation of the EAWU, a temporarily
irrigated hydrozone area, such as an area of highly drought-tolerant native plants that are
not intended to be irrigated after they are fully established, shall be defined as a very low
water use hydrozone with a plant factor of 0.1.
(H) For calculation of the MA WA, the ETAF for special
landscaped areas shall be set at 1.0. For calculation of the EAWU, the ETAF for special
landscaped areas shall be calculated as the special landscaped area (SLA)plant factor
divided by the SLA irrigation efficiency factor.
(I) Irrigation efficiency shall be calculated using the
worksheet and equation presented in Appendix C on page C-5.
(3) The MAWA shall adhere to the following requirements:
(A) The MA WA shall be calculated using the equation
presented in Appendix C on page C-4. The example calculation in Appendix C on page
C-1 is a hypothetical to demonstrate proper use of the equation and does not represent an
existing and/or planned landscape project. The reference evapotranspiration (ETo)
values used in this calculation are from the Reference Evapotranspiration (ETo) Table in
Appendix B, and are for planning purposes only.
(B) For actual irrigation scheduling, automatic irrigation
controllers are required and shall use current ETo data, such as from the California
Irrigation Management Information System (CIMIS), other equivalent data, or soil
moisture sensor data.
2.3 Soil Management Report
(a) In order to reduce runoff and encourage healthy plant growth, a
soil management report shall be completed by the project applicant, or his/her
designee, as follows:
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(1) Submit soil samples to a certified agronomic soils
laboratory for analysis and recommendations.
(2) Soil sampling shall be conducted in accordance with
laboratory protocol, including protocols regarding adequate sampling depth for the
intended plants.
(b) The soil analysis may include, but is not limited to:
(1) soil texture;
(2) infiltration rate determined by laboratory test or soil texture
infiltration rate table;
(3) pH;
(4) total soluble salts;
(5) sodium;
(6) percent organic matter; and
(7) recommendations.
(c) The project applicant, or his/her designee, shall comply with one
of the following:
(1) if significant mass grading is not planned, the soil analysis
report shall be submitted to the city as part of the Landscape Documentation Package; or
(2) if significant mass grading is planned, the soil analysis
report shall be submitted to the city as part of the Certificate of Completion.
(d) The soil analysis report shall be made available, in a timely
manner, to the landscape professional preparing the landscape design plans and
irrigation design plans to make any necessary adjustments to such design plans.
(e) The project applicant, or his/her designee, shall submit
documentation verifying implementation of the soil analysis report recommendations to
the city with the Certificate of Completion.
[Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596,
Government Code.]
2.4 Landscape Design Plan
For the efficient use of water, a landscape shall be carefully designed and planned
for the intended function of the project. A landscape design plan meeting the following
design criteria shall be submitted as part of the Landscape Documentation Package:
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(a) Plant material may be selected for the landscaped area, provided
the EA WU in the landscaped area does not exceed the MA WA. To encourage the
efficient use of water, the following is highly recommended:
(1) protect and preserve non-invasive water-conserving plant
species and water-conserving turf;
(2) select water-conserving plant species and water-conserving
turf;
(3) select plants based on disease and pest resistance; and
(4) select trees based on applicable city tree requirements and
tree shading guidelines.
(b) Each hydrozone shall have plant materials with similar water use,
with the exception of hydrozones with plants of mixed water use, as specified in
Section 2.5(f) of these Guidelines.
(c) Plants shall be selected and planted appropriately based upon
their adaptability to the climatic, geologic, and topographical conditions of the project
site. To encourage the efficient use of water, the following is highly recommended for
the landscape design plan: use the Sunset Western Climate Zone System which takes
into account temperature, humidity, elevation, terrain, latitude, and varying degrees of
continental and marine influence on local climate; recognize the horticultural attributes
of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property
or infrastructure (e.g., buildings, sidewalks, and power lines); and consider the solar
orientation for plant placement to maximize summer shade and winter solar gain.
(d) Turf is discouraged on slopes greater than 25% where the toe of
the slope is adjacent to an impervious hardscape and where 25% means 1 foot of
vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100
= slope percent).
(e) A landscape design plan for projects in fire-prone areas and fuel
modification zones shall comply with requirements of the Los Angeles County Fire
Department, where applicable. When conflicts between water conservation and fire
safety design elements exist, the fire safety requirements shall have priority.
(f) The use of invasive plant species and/or noxious plant species is
strongly discouraged.
(g) The architectural guidelines of a common interest development
shall not prohibit or otherwise include conditions that have the effect of prohibiting the
use of water efficient plant species as a group.
(h) Water features shall comply with the following:
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(1) Recirculating water systems shall be used for any water
feature.
(2) Where available and consistent with public health
guidelines, recycled water shall be used as a source for decorative water features.
(3) The surface area of a water feature shall be included in the
high water use hydrozone area of the water budget calculation.
(4) Approved safety pool covers are highly recommended for
pools, hot tubs, spas, portable spas, and nonportable wading pools.
(i) Mulch and other soil amendments shall be required in the
following circumstances and be applied in compliance with following:
(1) A minimum two inch (2") layer of mulch shall be applied
on all exposed soil surfaces of planting areas; it shall not be applied in turf areas,
creeping or rooting groundcovers, or direct seeding applications where mulch is
contraindicated.
(2) Stabilizing mulching products shall be used on slopes.
(3) The mulching portion of the seed/mulch slurry in
hydroseeded applications shall meet the mulching requirement.
(4) Soil amendments shall be incorporated according to
recommendations of the soil report and what is appropriate for the plants selected (see
Section 2.3 of these Guidelines).
(j) The landscape design plan, at a minimum, shall:
(1) delineate and label each hydrozone by number, letter, or
other method;
(2) identify each hydrozone as low, moderate, high water or
mixed water use. Temporarily irrigated areas of the landscaped area shall be included in
the low water use hydrozone for the water budget calculation;
(3) identify recreational areas; identify areas permanently and
solely dedicated to edible plants;
(4) identify areas irrigated with recycled water; identify type of
mulch and application depth;
(5) identify soil amendments, type, and quantity; identify type
and surface area of water features;
(6) identify hardscapes (pervious and impervious);
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(7) identify location and installation details of any applicable
storm water best management practices that encourage on-site retention and infiltration of
storm water. Storm water best management practices are encouraged in the landscape
design plan. Examples include, but are not limited to:
(A) infiltration beds, swales, and basins that allow water
to collect and soak into the ground;
(B) constructed wetlands and retention ponds that retain
water,handle excess flow and filter pollutants; and
(C) pervious or porous surfaces (e.g., permeable pavers
or blocks,pervious or porous concrete, etc.)that minimize runoff;
(8) identify any applicable rain harvesting or catchment
technologies (e.g., rain gardens, cisterns, etc.);
(9) contain the following statement: "I have complied with the
criteria of the Water Efficient Landscape Regulations and applied them for the efficient
use of water in the landscape design plan;" and
(10) bear the signature of a California licensed landscape
professional.
[Note: Authority Cited: Section 65595, Reference: Section 65596, Government Code and
Section 1351, Civil Code.]
2.5 Irrigation Design Plan
For the efficient use of water, an irrigation system shall meet all of the
requirements listed in this section and the manufacturer's recommendations. The
irrigation system and its related components shall be planned and designed to allow for
proper installation, management, and maintenance. An irrigation design plan meeting the
following design criteria shall be submitted as part of the Landscape Documentation
Package:
(a) Dedicated landscape water meters are highly recommended on
landscaped areas smaller than 5,000 square feet to facilitate water management.
(b) Automatic irrigation controllers utilizing either
evapotranspiration or soil moisture sensor data shall be required for irrigation
scheduling in all irrigation systems.
(c) The irrigation system shall be designed to ensure that the
dynamic pressure at each emission device is within the manufacturer's recommended
pressure range for optimal performance.
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(d) If the static pressure is above or below the required dynamic
pressure of the irrigation system, pressure-regulating devices such as inline pressure
regulators, booster pumps or other devices shall be installed to meet the required
dynamic pressure of the irrigation system.
(e) Static water pressure, dynamic or operating pressure and flow
reading of the water supply shall be measured at the point of connection. These
pressure and flow measurements shall be conducted at the design stage. If the
measurements are not available at the design stage, the measurements shall be
conducted at installation.
(f) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that
suspend or alter irrigation operation during unfavorable weather conditions shall be
required on all irrigation systems, as appropriate for local climatic conditions. Irrigation
should be avoided during windy or freezing weather or during rain.
(g) Manual shut-off valves (such as a gate valve, ball valve, or
butterfly valve) shall be required, as close as possible to the point of connection of the
water supply, to minimize water loss in case of an emergency (such as a main line
break) or routine repair.
(h) Backflow prevention devices shall be required to protect the
water supply from contamination by the irrigation system. A project applicant shall
refer to the applicable city Code provisions (i.e., public health) for additional backflow
prevention requirements.
(i) High flow sensors that detect and report high flow conditions
created by system damage or malfunction are recommended.
(j) The irrigation system shall be designed to prevent runoff low
head drainage, overspray, or other similar conditions where irrigation water flows onto
non-targeted areas, such as adjacent property, non-irrigated areas, hardscapes,
roadways or structures.
(k) Relevant information from the soil management plan, such as
soil type and infiltration rate, shall be utilized when designing irrigation systems.
(1) The design of the irrigation system shall conform to the
hydrozones of the landscape design plan.
(m) Average irrigation efficiency for the project shall be determined
in accordance with the EAWU calculation sheet in Appendix C on page C-5. Unless
otherwise indicated by the irrigation equipment manufacturer's specifications or
demonstrated by the project applicant, the irrigation efficiency of the sprinkler heads
used within each hydrozone shall be assumed to be: pop-up stream rotator heads = 75%;
stream rotor heads = 75%; microspray = 75%; bubbler = 80%; drip emitter = 85%; and
subsurface irrigation= 90% .
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(n) In mulched planting areas, the use of low volume irrigation is
required to maximize water infiltration into the root zone.
(o) Sprinkler heads and other emission devices shall have matched
precipitation rates, unless otherwise directed by the manufacturer's recommendations.
(p) Swing joints or other riser-protection components are required on
all risers subject to damage that are adjacent to high traffic areas.
(q) Check valves or anti-drain valves shall be installed for all
irrigation systems.
(r) Narrow, or irregularly shaped areas, including turf, less than
eight (8) feet in width in any direction shall be irrigated with subsurface irrigation or
low volume irrigation system.
(s) Overhead irrigation shall not be permitted within 24 inches of
any impervious surface. Allowable irrigation within the setback from impervious
surfaces may include drip, drip line, or other low flow non-spray technology. The
setback area may be planted or unplanted. The surfacing of the setback may be mulch,
gravel, or other porous material. These restrictions may be modified if:
(1) the landscaped area is adjacent to permeable surfacing and
no runoff occurs; or
(2) the adjacent impervious surfaces are designed and
constructed to drain entirely to landscaping; or
(3) the irrigation designer for the landscape project specifies
an alternative design or technology, as part of the Landscape Documentation Package
and clearly demonstrates strict adherence to irrigation system design criteria in Section
2.5 (b)(3) hereof. Prevention of overspray and runoff must be confirmed during an
irrigation audit performed by the city.
(t) Slopes greater than 25% shall not be irrigated with an irrigation
system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be
modified if the landscape designer of the landscape project specifies an alternative
design or technology, as part of the Landscape Documentation Package, and clearly
demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be
confirmed during the irrigation audit.
(u) All new irrigation controllers installed within the city after
January 1, 2012, shall be smart automatic irrigation controllers.
(v) In preparing an irrigation design plan, it is highly recommended
that:
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(1) the project applicant inquire with the local water purveyor
about peak water operating demands (on the water supply system) or water restrictions
that may impact the effectiveness of the irrigation system;
(2) the design plan includes sprinkler head to sprinkler head
coverage. However, sprinkler spacing shall be designed to achieve the highest possible
distribution uniformity using the manufacturer's recommendations.
(w) For each hydrozone, the irrigation design plan shall comply with
the following requirements:
(1) Each valve shall irrigate a hydrozone with similar site,
slope, sun exposure, soil conditions and plant materials with similar water use.
(2) Sprinkler heads and other emission devices shall be
selected based on what is appropriate for the plant type within that hydrozone.
(x) Where feasible, trees shall be placed on separate valves from
shrubs, groundcovers, and turf
(y) Individual hydrozones that mix plants of moderate and low water
use or moderate and high water use, may be allowed if:
(1) the plant factor calculation is based on the proportions of
the respective plant water uses and their respective plant factors; or
(2) the plant factor of the higher water using plant is used for
the calculations.
(z) Individual hydrozones that mix high and low water use plants
shall not be permitted.
(aa) On the landscape design plan and irrigation design plan,
hydrozone areas shall be designated by number, letter or other designation. On the
irrigation design plan, the areas irrigated by each valve shall be designated and assign a
number to each valve.
(bb) The irrigation design plan, at a minimum, shall contain:
(1) the location and size of separate water meters for
landscape;
(2) the location, type and size of all components of the
irrigation system, including controllers, main and lateral lines, valves, sprinkler heads,
moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow
prevention devices;
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(3) static water pressure at the point of connection to the
public water supply;
(4) flow rate (gallons per minute), application rate (inches per
hour) and design operating pressure (pressure per square inch) for each station;
(5) irrigation schedule parameters necessary to program smart
automatic irrigation controllers specified in the landscape design;
(6) the following statement: "I have complied with the criteria
of the Water Efficient Landscape Regulations and applied them accordingly for the
efficient use of water in the irrigation design plan;"and
(7) the signature of a licensed landscape professional.
[Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596,
Government Code.]
2.6 Grading Design Plan
(a) For the efficient use of water, grading of a landscape project site
shall be designed to minimize soil erosion, runoff and water waste. The finished
grading configuration of the landscaped area, including pads, slopes, drainage,
postconstruction erosion control and storm water control Best Management Practices as
applicable, shall be shown on the landscape plan unless this information is fully
included in separate grading plans for the project; or unless the project is limited to
replacement planting and/or irrigation to rehabilitate an existing landscaped area. In
addition to the provisions contained herein, the grading design plan shall comply with
the provisions of the Grading and Excavation Code and any applicable provisions of
the Water Quality Code and Development Code.
(b) The project applicant shall submit a landscape grading plan that
indicates finished configurations and elevations of the landscaped area including, but
limited to: height of graded slopes; drainage patterns; pad elevations; finish grade; and
storm water retention improvements, if applicable.
(c) To prevent excessive erosion and runoff, it is highly
recommended that the project applicant: grade so that all irrigation and normal rainfall
remains within property lines and does not drain on to impervious hardscapes; avoid
disruption of natural drainage patterns and undisturbed soil; and avoid soil compaction
in landscaped areas.
(d) The grading design plan shall contain the following statement: "I
have complied with the criteria of the ordinance and applied them accordingly for the
efficient use of water in the grading design plan" and shall bear the signature of the
landscape professional for the landscape project.
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[Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596,
Government Code.]
2.7 Certificate of Completion
(a) Landscape project installation shall not proceed until (i) the
project applicant has deposited with the city all applicable permit fees in accordance
with the city's applicable fee schedule; (ii) the Landscape Documentation Package has
been approved by the city; and (iii) any ministerial permits required are issued.
(b) The project applicant shall notify the city at the beginning of the
installation work and at intervals as necessary for the duration of the landscape project
work, to schedule all required inspections.
(c) A Certificate of Completion for the landscape project shall be
obtained through a Certificate of Use and Occupancy or a Permit Final issued by the
city. The requirements for the final inspection and permit closure shall include the
following:
(1) The project applicant shall submit to the city a Certificate
of Completion in the form included as Appendix F of these Guidelines, which shall
include: (i) certification by a landscape professional that the landscape project has been
installed per the approved Landscape Documentation Package; and (ii) the following
statement: "The landscaping has been installed in substantial conformance to the design
plans, and complies with the provisions of the Water Efficient Landscape Regulations for
the efficient use of water in the landscape."
(2) The project applicant shall provide documentation of the
irrigation scheduling parameters used to set the irrigation controller(s).
(3) At the option of the city, the project applicant may be
required to submit one or more of the following: (i) an irrigation audit report from a
Certified Landscape Irrigation Auditor; (ii) documentation of enrollment in a city, state,
regional or local water purveyor sponsored water conservation and/or drought response
and/or water conservation program; and/or (iii) documentation that the MA WA and
EAWU information for the landscape project has been submitted to the local water
purveyor.
[Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596,
Government Code.]
2.8 Post-Installation Irrigation Scheduling
(a) For the efficient use of water, all irrigation schedules shall be
developed, managed, and evaluated to utilize the minimum amount of water required to
maintain plant health. Irrigation schedules shall meet the following criteria:
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(1) Irrigation schedules shall be regulated by automatic
irrigation controllers.
(2) Irrigation schedules and overhead irrigation shall be
scheduled and/or adjusted in compliance with any applicable city, State, regional, or local
water conservation and/or drought response laws, rules, policies, and regulations.
Operation of the irrigation system outside the normal watering window is allowed for
auditing and system maintenance.
[Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596,
Government Code.]
2.9 Post-Installation Landscape and Irrigation Maintenance
Landscapes shall be maintained to ensure water use efficiency in accordance with
the Code and any applicable city, State, regional, or local water purveyor water
conservation and/or drought response laws, rules, policies, or regulations.
3. Provisions for Existing Landscapes
(a) Irrigation of all landscaped areas shall be conducted in a manner
conforming to the rules, regulations, and requirements, and shall be subject to the
penalties and incentives for water conservation and water waste prevention, as
determined and implemented by the local water purveyor and/or the city.
(b) The city may administer programs such as irrigation water use
analyses, irrigation surveys, and/or irrigation audits, tiered water rate structures, water
budgeting by parcel or other approaches to achieve landscape water use efficiency
community-wide to a level equivalent to or less than would be achieved by applying a
MAWA calculated with an ETAF of 0.8 to all landscaped areas in the city over one acre
in size. The city may, pursuant to a contract or other agreement, elect to have a local
water purveyor, contractor, or other local agency administer such programs.
(c) The architectural guidelines of a common interest development
shall not prohibit or otherwise include conditions that have the effect of prohibiting the
use of low-water use plants or water-conserving plant species as a group.
4. Conflicting Provisions
The provisions of these Guidelines are in addition to any other requirements,
laws, rules, policies, or regulations imposed or adopted by the city. If the provisions of
these Guidelines are in conflict with each other, other provisions of the Code, the city's
general plan, any city adopted specific plan or master plan, any resolution or ordinance of
the city, or any State law or regulation, any applicable city, State, regional, or local water
purveyor water conservation or drought response requirements, laws, rules, policies, or
regulations, or requirements of the Los Angeles Fire Authority pertaining to fire-prone
areas and fuel modification zones, the more restrictive provisions shall apply.
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APPENDIX A-DEFINITIONS
C-19
DEFINITIONS
Unless the context otherwise requires, the italicized terms used in these Guidelines shall
have the meanings set forth below:
"Association" means a nonprofit corporation or unincorporated association created for the
purpose of managing a common interest development.
"Backflow prevention device" means a safety device used to prevent pollution or
contamination of the water supply due to the reverse flow of water from the irrigation
system.
"Certificate of Completion" means the certificate included in Appendix F hereof and
required to be completed and submitted to the city pursuant to Section 2.7(a)(1) of hereof,
and certifying that the landscape project has been installed in substantial conformance
with the approved Landscape Documentation Package and complies with the provisions
of the Water Efficient Landscape Regulations and these Guidelines.
"Certification of Landscape Design" means the certification included as Appendix E of
these Guidelines that must be included in the Landscape Documentation Package
pursuant to Section 2.1 of these Guidelines.
"Certified Landscape Irrigation Auditor" means a person designated by the city to
conduct an irrigation audit.
"Check valve" or "anti-drain valve" means a valve located under a sprinkler head, or
other location in the irrigation system, to hold water in the system to prevent drainage
from sprinkler heads when the sprinkler is off.
"Checklist of Landscape Documentation Package" means the checklist or index of all
documents in the Landscape Documentation Package similar in form to the checklist
included in Appendix G hereof.
"City" means the City of Azusa, or its authorized designee.
"Code" means the City of Azusa Municipal Code.
"Common interest development" means a community apartment project, condominium
project, planned development, and stock cooperative per Civil Code Section 1351 .
"Conversion factor" means the number that converts acre-inches per acre per year to
gallons per square foot per year.
"Development Code" means Chapter 88 of the Code.
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"Distribution uniformity" or "DU" is a measure of how uniformly an irrigation head
applies water to a specific target area and theoretically ranges form zero to 100 percent.
"Drip irrigation" means any non-spray low volume irrigation system utilizing emission
devices with allow rate measured in gallons per hour. Low volume irrigation systems are
specifically designed to apply small volumes of water slowly at or near the root zone of
plants.
"Ecological restoration project" means a project where the site is intentionally altered to
establish a defined, indigenous, historic ecosystem.
"Emitter" means a drip irrigation emission device that delivers water slowly from the
system to the soil.
"Estimated Applied Water Use" or "EAWU" means the annual total amount of water
estimated to keep plants in a healthy state. It is based on factors such as reference
evapotranspiration, the size of the landscaped area, plant water use factors, and the
irrigation efficiency within each hydrozone.
"Evapotranspiration Adjustment Factor" or "ETAF' means a factor that,when applied to
reference evapotranspiration, adjusts for plant factors and irrigation efficiency.
"Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and
other surfaces and transpired by plants during a specified time.
"Flow rate" means the rate at which water flows through pipes, valves and emission
devices, measured in gallons per minute, gallons per hour, or cubic feet per second.
"Grading and Excavation Code" means Appendix J of the California Building Code,
adopted by Section 14-1 of the Code.
"Hardscapes" means any durable material or feature (pervious and impervious) installed
in or around a landscaped area, such as pavements or walls. Pools and other water
features are considered part of the landscaped area and not considered hardscapes for
purposes of these Guidelines.
"Homeowner installed" means any landscaping either installed by a private individual for
a single family residence or installed by a landscape professional hired by a homeowner.
A homeowner, for purposes of this ordinance, is a person who occupies the dwelling he
or she owns or rents. This definition excludes speculative homes, which are not
owneroccupied dwellings and which are subject under Section 88.34.080(C)(1)(b) to the
requirements applicable to developer-installed single-family and multi-family residential
landscape projects.
"Hydrozone" means a portion of the landscaped area having plants with similar water
needs and typically irrigated by one valve/controller station. A hydrozone may be
irrigated or non-irrigated.
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"Impervious" means any surface or natural material that does not allow for the passage of
water through the material and into the underlying soil.
"Infiltration rate"means the rate of water entry into the soil expressed as a depth of water
per unit of time (e.g., inches per hour).
"Invasive plant species" or "noxious plant species" means species of plants not
historically found in California that spread outside cultivated areas and can damage
environmental or economic resources. Invasive plant species may be regulated by county
agricultural agencies as noxious species. Lists of invasive plants are maintained at the
California Invasive Plant Inventory and United States Department of Agriculture invasive
and noxious weed database.
"Irrigation audit" means an in-depth evaluation of the performance of an irrigation
system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit
includes, but is not limited to: inspection, system tune-up, system test with distribution
uniformity or emission uniformity, reporting overspray or runoff that causes overland
flow, and preparation of an irrigation schedule.
"Irrigation efficiency" or "IE" means the measurement of the amount of water
beneficially used divided by the amount of water applied to a landscaped area. Irrigation
efficiency is derived from measurements and estimates of irrigation system characteristics
and management practices. The minimum average irrigation efficiency for purposes of
these Guidelines is 0.71. Greater irrigation efficiency can be expected from well designed
and maintained systems. The following irrigation efficiency may be obtained for the
listed irrigation heads with an IME of 90%:
(a) Pop-up stream rotator heads = 75%
(b) Stream rotor heads = 75%
(c) Microspray = 75%
(d) Bubbler= 80%
(e) Drip emitter= 85%
(0 Subsurface irrigation= 90%
"Irrigation Management Efficiency" or "IME" means the measurement used to calculate
the irrigation efficiency of the irrigation system for a landscape project. A 90% IME can
be achieved by using evaportranspiration controllers, soil moisture sensors, and other
methods that will adjust irrigation run times to meet plant water needs.
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"Landscape coefficient" (KL) is the product of a plant factor multiplied by a density factor
and a microclimate factor. The landscape coefficient is derived to estimate water loss
from irrigated landscaped areas and special landscaped areas.
"Landscape Documentation Package" means the package of documents that a project
applicant is required to submit to the city pursuant to Section 2.1 of these Guidelines.
"Landscape professional" means a licensed landscape architect, licensed landscape
contractor, or any other person authorized to design a landscape pursuant to Sections
5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the
California Business and Professions Code, Section 832.27 of Title16 of the California
Code of Regulations, and Section 6721 of the California Food and Agriculture Code.
"Landscape project" means the total area of landscape in a project as provided in the
definition of"landscaped area" meeting the requirements under section 88.34.080(C)(1)
of the Code .
"Landscape Submittal Sheet" means the form that a project applicant is required to
submit to the city pursuant to Section 2.1 of these Guidelines and included as Appendix
D of these Guidelines.
"Landscaped area" means all the planting areas, turf areas, and water features in a
landscape design plan subject to the Maximum Applied Water Allowance and Estimated
Applied Water Use calculations. The landscaped area does not include footprints of
buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone
walks, other pervious or impervious hardscapes, and other non-irrigated areas designated
for non-development (e.g., open spaces and existing native vegetation).
"Lateral line" means the water delivery pipeline that supplies water to the emitters or
sprinklers from the valve.
"Local water purveyor" means any entity, including a public agency, city, county, or
private water company that provides retail water service within the city.
"Low volume irrigation" means the application of irrigation water at low pressure
through a system of tubing or lateral lines and low-volume emitters such as drip, drip
lines and bubblers. Low volume irrigation systems are specifically designed to apply
small volumes of water slowly at or near the root zone of plants.
"Main line" means the pressurized pipeline that delivers water from the water source to
the valve or outlet.
"Maximum Applied Water Allowance" or "MAWA" means, the upper limit of annual
applied water for the established landscaped area as specified in Section 2.2 of these
Guidelines. It is based upon the area's reference evapotranspiration, the ETAF, and the
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size of the landscaped area. The Estimated Applied Water Use shall not exceed the
Maximum Applied Water Allowance.
"Microclimate" means the climate of a small, specific area that may contrast with the
climate of the overall landscaped area due to factors such as wind, sun exposure, plant
density or proximity to reflective surfaces.
"Mined-land reclamation projects" means any surface mining operation with a
reclamation plan approved in accordance with the Surface Mining and Reclamation Act
of 1975.
"Model Ordinance" means the Model Water Efficient Landscape Ordinance which was
adopted by the California Department of Water Resources in accordance with California
Government Code section 65591 et seq.
"Mulch" means any organic material such as leaves, bark, straw, compost or inorganic
mineral materials such as rocks, gravel, and decomposed granite left loose and applied to
the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds,
moderating soil temperature and preventing soil erosion.
"New construction" means a new building with landscaping or a landscape-dominated
project, such as a park, playground, playing field, or greenbelt or other new landscape,
which may or may not have an associated building or structure.
"Operating pressure" means the pressure at which the parts of an irrigation system of
sprinklers are designed by the manufacturer
"Overspray" means the irrigation water which is delivered beyond the target irrigation
area.
"Owner" means the record owner of real property as shown on the most recently issued
equalized assessment roll.
"Person" means any natural person, firm,joint venture,joint stock company, partnership,
public or private association, club, company, corporation, business trust, organization,
public or private agency, government agency or institution, school district, college,
university, any other user of water provided by the city or the local water purveyor, or the
manager, lessee, agent, servant, officer or employee of any of them or any other entity
which is recognized by law as the subject of rights or duties. •
"Pervious" means any surface or material that allows the passage of water through the
material and into the underlying soil.
"Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, estimates
the amount of water needed by plants. For purposes of this Water Efficient Landscape
Regulations, the plant factor range for low water use plants is 0 to 0.3, the plant factor
C-24
range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water
use plants is 0.7 to 1.0. Plant factors cited in these Guidelines are derived from the
Department of Water Resources 2000 publication "Water Use Classification of
Landscape Species."
"Precipitation rate"means the rate of application of water measured in inches per hour.
"Project applicant" means the person submitting a Landscape Documentation Package
pursuant to Section 2.1 of these Guidelines, to request a permit, plan check or design
review from the city for the installation of landscape.
"Reference evapotranspiration" or "ETo" means a standard measurement of
environmental parameters which affect the water use of plants. ETo is given expressed in
inches per day, month, or year as represented in Appendix B of these Guidelines, and is
an estimate of the evapotranspiration of a large field of four to seven-inch tall, coolseason
grass that is well watered. Reference evapotranspiration is used as the basis of
determining the Maximum Applied Water Allowances.
"Recycled water" means treated or recycled waste water of a quality suitable for
nonpotable uses such as landscape irrigation and water features, and which is not
intended for human consumption.
"Rehabilitation project" means a landscape project that results in the substantial removal
and replacement of, and/or modifications to, existing landscaping and meets the
requirements under Section 88.34.080(C)(1)(c) and(e).
"Runoff' means water which is not absorbed by the soil or landscape to which it is
applied and flows from the landscaped area. For example, runoff may result from water
that is applied at too great a rate (application rate exceeds infiltration rate) or when there
is a slope.
"Smart automatic irrigation controller" means an automatic timing device used to
remotely control valves that operate an irrigation system and which schedules irrigation
events using either evapotranspiration (weather-based) or soil moisture data.
"Special landscaped area" or "SLA" means an area of landscape dedicated solely to
edible plants such as orchards and vegetable gardens, areas irrigated with recycled water,
water features using recycled water, and areas dedicated to active play such as parks,
sports fields, golf courses, and areas where turf provides a playing surface.
"Sprinkler head"means a device which delivers water through a nozzle.
"Static water pressure" means the pipeline or municipal water supply pressure when
water is not flowing.
"State"means the State of California.
C-25
"Station" means an area served by one valve or by a set of valves that operate
simultaneously.
"Swing joint" means an irrigation component that provides a flexible, leak-free
connection between the emission device and lateral pipeline to allow movement in any
direction and to prevent equipment damage.
"Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky
bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses.
Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and
Buffalo grass are warm-season grasses.
"Valve" means a device used to control the flow of water in an irrigation system.
"Water-conserving plant species" means a plant species identified as having a low plant
factor.
"Water Efficient Landscape Regulations" means those regulations established in Chapter
88.34.080 of the Code.
"Water Efficient Landscape Worksheets" means the worksheets required and selected to
be completed by the project applicant pursuant to Section 2.2 of these Guidelines and
which are included in Appendix C hereof.
"Water feature" means a design element where water is artificially supplied and where
open water performs an aesthetic or recreational function. Water features include
artificial ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools.
The surface area of water features is included in the high water use hydrozone of the
landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat
protection or storm water best management practices that are not irrigated and used solely
for water treatment or storm water retention are not water features and, therefore, are not
subject to the water budget calculation.
"Water Quality Code" means Chapter 60 of the Code.
"Water Use Classification of Landscape Species" or "WUCOLS" means the Water Use
Classification of Landscape Species published by the University of California
Cooperative Extension, the Department of Water Resources and the Bureau of
Reclamation, 2000, and available at 11'1,1'1F>.ow,,we.water.ca. ror,'doc..'w- u o1sOO.pc f.
"Watering window" means the time of day irrigation is allowed pursuant to any
applicable city, regional, State, or local water purveyor water conservation or drought
response laws, rules, policies, or regulations.
C-26
APPENDIX B - REFERENCE
EVAPOTRANSPIRATION (ETO) TABLE
C-27
REFERENCE EVAPOTRANSPIRATION (ETO) TABLE
Appendix B — Reference Evapotranspiration (ETo) Table*
City Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Annual
ETo
Glendora 2.0 2.5 3.6 4.9 5.4 6.1 7.3 6.8 5.7 4.2 2.6 2.0 53.1
*The values in this table were derived from: (1) California Irrigation Management Information System (CIMIS); (2)
Reference Evapotranspiration Zones Map, UC Dept. of Land, Air & Water Resources and California Dept. of Water
Resources 1999; (3) Reference Evapotranspiration for California, University of California, Department of
Agriculture and Natural Resources (1987) Bulletin 1922; (4) Determining Daily Reference Evapotranspiration,
Cooperative Extension UC Division of Agriculture and Natural Resources (1987), Publication Leaflet 21426
C-1
APPENDIX C -WATER EFFICIENT
LANDSCAPE WORKSHEET
c-i
EXAMPLE WATER EFFICIENT LANDSCAPE WORKSHEET
This worksheet is filled out by the project applicant for each Point of Connection. Please complete all sections of the worksheet.
Point of Connection # 1
Maximum Applied Water Allowance (MAWA)
Total MAWA = (ETo x 0.7 x LA in Sq. Ft. x 0.62) + (ETo x 1 .0 x SLA in Sq. Ft. x 0.62) = Gallons per year for LA+SLA
where:
MAWA = Maximum Applied Water Allowance (gallons per year)
ETo = Reference Evapotranspiration Appendix B (inches per year)
0.7 = Evapotranspiration Adjustment Factor (ETAF)
1.0 = ETAF for Special Landscaped Area
LA = Landscaped Area (square feet)
0.62 = Conversion Factor (to gallons per square foot)
SLA = Special Landscaped Area (square feet)
Example Calculation: a hypothetical landscape project in Glendora, CA with an irrigated landscaped area of 40,000 square feet with 10,000 square feet
of Special Landscaped Area. To calculate MA WA, the annual reference evapotranspiration value for Glendora is 53.1 inches as listed in the Reference
Evapotranspiration (ETo) Table in Appendix B.
ETo ETAF LA or SLA (ft2) Conversion MAWA (Gallons Per Year)
MAWA for LA = 53.1 x 0.7 x 40,000 x 0.62 = 921,816
MAWA for SLA = 53.1 x 1 .0 x 10,000 x 0.62 = 329,220
Total MA WA = 50,000 1 ,251,036 Gallons per year for LA+SLA
Estimated Applied Water Use
EA W U= ETo x KL x LA x 0.62 = IE = Gallons per year
C-1
where: KL =K,x Kd x Kmc
EAWU=Estimated Applied Water Use(gallons per year) KS=species factor(range=0.1-0.9)(see WUCOLS list for values)
ETo=Reference Evapotranspiration Appendix B(inches per year) Kd=density factor(range=0.5-1.3)(see WUCOLS for density value ranges)
KL =Landscape Coefficient Kmc=microclimate factor(range=0.5-1.4)(see WUCOLS)
LA=Landscaped Area(square feet)
0.62=Conversion factor(to gallons per square foot)
IE=Irrigation Efficiency=IME xDU(See definitions ofAppendixA WUCOLS - www.owue.water.ca.gov/docsAvucols00.pdf
for example IE percentages)
IME=Irrigation Management Efficiency(90%)
DU=Distribution Uniformity of irrigation head
Example Calculation:
ETo Ki, LA Conversion IE EAWU(Gallons per year)
Special Landscaped Area 53.1 x 1.00 x 10,000 x 0.62 - 0.75 = 438,960
Cool Season Turf 53.1 x 1.00 x 0 x 0.62 ± 0.71 = 0
Warm Season Turf 53.1 x 0.65 x 0 x 0.62 - 0.71 = 0
High Water Using Shrub 53.1 x 0.70 x 0 x 0.62 - 0.71 = 0
Medium Water Using Shrub 53.1 x 0.50 x 15,000 x 0.62 - 0.65 = 379,869
Low Water Using Shrub 53.1 x 0.30 x 25,000 x 0.62 - 0.75 = 329,220
Very Low Water Using Shrub 53.1 x 0.20 x 0 x 0.62 - 0.71 = 0
Other 53.1 x 0.50 x _ 0 x 0.62 - 0.71 = 0
Other 53.1 x 0.50 x 0 x 0.62 - 0.71 = 0
Total EAWU= 50,000 1,148,049 Gallons per year
Compare EAWU with MAWA.
The EAWU(1,148,049 gallons per year)is less than MA WA (1,251,036 gallons per year). For this example,the water budget complies with the MAWA.
List sprinkler heads,microspray and drip emitters here along with average precipitation rate and distribution uniformity of irrigation head.
C-2
Sprinkler Head Types Average Precipitation Rate Distribution Uniformity of Irrigation Head
Drip
Microspray
Bubbler
Low precipitation rotating nozzles
Stream rotors
C-3
WATER EFFICIENT LANDSCAPE WORKSHEET
This worksheet is filled outby the project applicant for each Point of Connection.Please complete all sections of the worksheet.
Point of Connection #
Maximum Applied Water Allowance (MAWA)
Total MA WA =(ETo x 0.7 x LA in Sq. Ft. x 0.62)+(ETo x 1.0 x SLA in Sq. Ft. x 0.62)=Gallons per year for LA+SLA
where:
MAWA=Maximum Applied Water Allowance(gallons per year)
ETo=Reference Evapotranspiration Appendix B(inches per year)
0.7=Evapotranspiration Adjustment Factor(ETAF)
1.0=ETAF for Special Landscaped Area
LA=Landscaped Area(square feet)
0.62=Conversion factor(to gallons per square foot)
SLA=Special Landscaped Area(square feet)
MAWA Calculation:
ETo ETAF LA or SLA (ft&) Conversion MAWA (Gallons Per Year)
MAWA for LA= x 0.7 x x 0.62 =
MAWA for SLA = x 1.0 x x 0.62 =
Total MAWA =
Estimated Applied Water Use
ORANGE MRICHARDSON\64878.1
EAWU= ETo x Kix LA x 0.62_IE=Gallons per year
where: KL =KS x Ka x Kmc
EAWU=Estimated Applied Water Use(gallons per year) KS=species factor(range=0.1-0.9)(see WUCOLS list for values)
ETo=Reference Evapotranspiration Appendix B(inches per year)
KL =Landscape Coefficient IQ=density factor(range=0.5-1.3)(see WUCOLS for density value ranges)
LA=Landscaped Area(square feet) Kmc=microclimate factor(range=0.5-1.4)(see WUCOLS)
0.62=Conversion factor(to gallons per square foot)
IE=Irrigation Efficiency=IME x DU WUCOLS—www.owue.water.ca.gov/docs/wucols00.pdf
IME=Irrigation Management Efficiency(90%)
DU=distribution uniformity of irrigation head
EAWU Calculation:
ETo KL LA Conversion IE EAWU(Gallons Per Year)
Special Landscaped Area x x x 0.62 ± =
Cool Season Turf x x x 0.62 ± =
Warm Season Turf x x x 0.62 ± _
•
High Water Using Shrub x x x 0.62 ± _ =
Medium Water Using Shrub x x x 0.62 — _ _
Low Water Using Shrub x x x 0.62 ± _
Very Low Water Using Shrubs x x x 0.62 _ ± =
x x x 0.62 — =
x x x 0.62 — =
x x x 0.62 — _
x x x 0.62 — =
x x x 0.62 — =
x x x 0.62 — =
Other x x x 0.62 — =
Total EAWU=
List sprinkler heads,microspray and drip emitters here along with average precipitation rate and distribution uniformity of irrigation head.
ORANGEWIRICHARDSON\64878.1
Sprinkler Head Types Average Precipitation Rate Distribution Uniformity of Irrigation Head
Drip
Microspray
Bubbler
Low precipitation rotating nozzles
Stream rotors
ORANGE\MRICHARDSON\64878.1
APPENDIX D -LANDSCAPE SUBMITTAL
SHEET
LANDSCAPE SUBMITTAL SHEET
PROJECT NAME: PERMIT NO:
TRACT/PARCEL/LOT: PROJECT ADDRESS:
SUBMITTED BY: DATE RECEIVED:
COMPANY: RECEIVED BY:
TELEPHONE: CHECKED BY:
CONTACT: DATE RETURNED:
RETURNED TO:
THE FOLLOWING ITEMS ARE REQUIRED FOR COMPLETE SUBMITTAL:
FIRST CHECK DUE AT PERMIT ISSUANCE
❑ 5 Sets of plans 24" x 36 ❑ 1 set of signed mylars (by landscape architect
and city engineer)
❑ 1 Copy of Planning `Conditions of Approval' ❑ 1 set of full size plans
❑ 1 Copy of approval from other agencies (if applicable) ❑ 2 sets of half-size plans
❑ Plan check fee of$ . See fee schedule ❑I Inspection Deposit $ (see fee schedule)
❑ Other ❑ Surety (100% of estimate)
❑ Other . ❑ CD of.Piffle (see attached specifications)
❑ Other ❑ Other
ALL PLAN REVISION SUBMITTALS DUE AT PROJECT CLOSE OUT
❑ 3 sets of revised blue lines El Redline as-builts
❑ Previous check print ❑ CD of signed redline as-builts
O Additional plan check deposit (if required) $ ❑ Other
O Other
❑ Other
FINAL SUBMITTAL FOR CITY APPROVAL
O Original mylars (all sheets must be 24" x 36"
maximum, stamped & signed by landscape architect)
O Previous Check Print
D-1
APPENDIX E - CERTIFICATION OF
LANDSCAPE DESIGN
CERTIFICATION OF LANDSCAPE DESIGN
I hereby certify that:
(1) I am a professional appropriately licensed in the State of California to provide
professional landscape design services.
(2) The landscape design and water use calculations for the landscape project located at
(provide street address or parcel, tract, or lot number(s)) were prepared by me or
under my supervision. (Attach additional sheets as necessary.)
(3) The landscape design and water use calculations for the identified property comply with
the requirements of the City of Azusa Water Efficient Landscape Regulations and the Guidelines
for Implementation of the City of Azusa Water Efficient Landscape Regulations.
(4) The information I have provided in this Certification of Landscape Design is true and
correct and is hereby submitted in compliance with the Guidelines for Implementation of the City
of Azusa Water Efficient Landscape Regulations.
Print Name Title Date
Signature License Number
Company Address
Telephone Fax E-mail Address
Landscape Design Professional's Stamp
For City Use only. (if applicable)
Date received
Name
Signature
E-1
APPENDIX F-CERTIFICATE OF
COMPLETION
CERTIFICATE OF COMPLETION
I hereby certify that:
(1) I am a professional appropriately licensed in the State of California to provide
professional landscape design services.
(2) The landscape project for the property located at
(provide street address or parcel, tract, or lot number(s)) was installed by me or under my
supervision. (Attached additional sheets as necessary.)
(3) The landscaping for the identified landscape project has been installed in substantial
conformance with the approved Landscape Documentation Package, and complies with the
requirements of the City of Azusa Water Efficient Landscape Regulations (Section 88.34.080 of
the Azusa Municipal Code) and the Guidelines for Implementation of the City of Azusa Water
Efficient Landscape Regulations for the efficient use of water in the landscape.
(4) The information I have provided in this Certificate of Completion is true and correct and
is hereby submitted in compliance with the Guidelines for Implementation of the City of Azusa
Water Efficient Landscape Regulations.
Print Name Title Date
Signature License Number
Company Address
Telephone Fax E-mail Address
Landscape Design Professional's Stamp
For City use only. (If Appropriate)
0 Project Approved
0 Project Not Approved
Name Title
Signature Date
Reasons for denial included in attached
sheet(s).
F-1
APPENDIX G- CHECKLIST OF LANDSCAPE
DOCUMENTATION PACKAGE
CHECKLIST OF LANDSCAPE DOCUMENTATION PACKAGE
1. Project Information
Date Project Name
Project Applicant Title
Company Telephone/Fax/E-mail
Company Street Address City/State/Zip Code
Project Street Address Project Parcel, Tract or Lot Number(s), if mailable.
Project Type Total Landscaped Area(Square Feet)
Water Supply Type Additional Project Information(may attach additional sheets)
2. Property Owner Information
Name(s) Street Address
City/State/Zip code Telephone/Fax/E-mail
Title (if applicable) Company (if applicable)
Company Address (if applicable) City/State/Zip
3. Elements of Landscape Documentation Package Submitted:
❑ Certification of Landscape Design
❑ Landscape Submittal Sheet
❑ Maximum Applied Water Allowance (MAWA) Calculation
❑ Estimated Applied Water Use (EAWU) Calculation
❑ Water Efficient Landscape Worksheet
❑ Hydrozone Information Table
❑ Water Budget Calculations
❑ Soil Management Report
❑ Landscape Design Plan
❑ Irrigation Design Plan
❑ Grading Design Plan (if applicable)
❑ Additional Landscape Project Information (see attached sheets)
G-2
12001 (77-14114,c,
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9</Fop,'
us
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: KERMIT FRANCIS, INTERIM DIRECTOR OF HUMAN RESOURCES/PERSONNEL OFFICER
ti
VIA: .M. DELACH, CITY MANAGER
DATE: FEBRUARY 16, 2010
SUBJECT: HUMAN RESOURCES ACTION ITEMS
RECOMMENDATION
It is recommended that the City Council approve the following Personnel Action Requests in accordance with the
City of Azusa Civil Service Rules and applicable Memorandum of Understanding(s).
BACKGROUND
On February 9,2010 the Personnel Board confirmed the following Department Head recommendations regarding the
following Personnel Action requests.
A. MERIT INCREASE AND/OR REGULAR APPOINTMENT:
DEPARTMENT NAME CLASSIFICATION ACTION/EFF _,_ RANGE/STEP
DATE BASE MO SALARY
RFS Eduardo Park Maintenance Worker Merit Increase 4153/4
Vazquez I 01/30/2010 $3826.59
UTL Pete Adame Meter Reader Merit Increase 5179/4
01/02/2010 $4681.83
PD John Madaloni Police Sergeant Merit Increase 6501/4
11/27/2009 $7779.92
UTL Hien Voung Electrical Engineer Merit Increase 3448/5
\AWN° 01/01/2010 $8542.74
FISCAL IMPACT
There is no fiscal impact, as positions listed are funded in approved department budgets.
so
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�i,.,.."'�s..¢,�� C'9ClFOR�NP
us
CONSENT CALENDAR ITEM
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES
VIA: /7M. DELACH, CITY MANAGER
DATE: FEBRUARY 16, 2010
SUBJECT: ADOPTION OF A RESOLUTION IN SUPPORT OF THE APPLICATION FOR
GRANT FUNDS FOR THE CALIFORNIA STATEWIDE PARK DEVELOPMENT
AND COMMUNITY REVITALIZATION PROGRAM OF 2008 FOR
PLAYGROUND IMPROVEMENTS AT NORTHSIDE AND ZACATECAS PARKS
RECOMMENDATION:
It is recommended that City Council adopt a resolution in support of the subject project.
BACKGROUND:
On November, 7, 2006, California voters passed Proposition 84, the $5.4 billion "Safe Drinking
Water, Water Quality and Supply,Flood Control,River and Coastal Protection Bond Act of 2006".
Funding for the $368 million Statewide Park Program was made available through the Sustainable
Communities and Climate Change Reduction Chapter in Proposition 84.
Applications for this competitive grant are due March 1,2010. The Recreation and Family Services
Department wishes to pursue these funds to replace antiquated playground amenities at Northside
and Zacatecas Parks respectively. These improvements would complement the playground
improvements made recently at Slauson and Gladstone Parks.
FISCAL IMPACT:
There is no fiscal impact as a result of the adoption of this resolution.
10-027
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA APPROVING
THE APPLICATION FOR STATEWIDE PARK PROGRAM GRANT FUNDS
THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY RESOLVE AS
FOLLOWS:
WHEREAS, the State Department of Parks and Recreation has been delegated the
responsibility by the Legislature of the State of California for the administration of the Statewide
Park Program, setting up necessary procedures governing the Application; and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the applicant to certify by resolution the approval of application(s) before
submission of said application(s) to the State; and
WHEREAS, Parks are unique places where children can play, people can exercise,
families can bond, seniors can socialize, youth can be mentored, cultures can share and celebrate
their differences, and everyone can connect with nature. For these reasons, vibrant parks funded
by this program will be a cost-effective means of crating humane, livable communities.
WHEREAS, the applicant will enter into a contract with the State of California to
complete the grant scope project;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA,
DOES HEREBY RESOLVE AS FOLLOWS:
Approves the filing of an application for the Playground Improvements at Northside and
Zacatecas Park Project, and
1. Certifies that said applicant has or will have available, prior to commencement of any work
on the project included in this application, the sufficient funds to complete the project; and
2. Certifies that the applicant has or will have sufficient funds to operate and maintain the
project(s), and
3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions
contained in the contract shown in the Grant Administration Guide; and
4. Delegates the authority to the Director of Recreation and Family Services to conduct all
negotiations, sign and submit all documents, including, but not limited to applications,
agreements, amendments, and payment requests, which may be necessary for the completion
of the grant scope; and
5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules,
regulations and guidelines.
APPROVED and PASSED this day of , 2010.
City Council of Azusa, California
By:
JOSEPH R. ROCHA, Mayor
ATTEST:
VERA MENDOZA, City Clerk
APPROVED AS TO FORM:
SONIA CARVALHO, City Attorney
State of California
County of Los Angeles
City of Azusa
I, Vera Mendoza, City Clerk of the City of Azusa, do hereby certify that the foregoing
Resolution was duly adopted by the City Council of the City of Azusa at a regular meeting held
on the day of , 2010, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Dated:
VERA MENDOZA, City Clerk
Resolution No.
Page 2 of 2
, ireirD yip 1111
.5�
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1AZUSil
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ALAN KREIMEIER, DIRECTOR OF ADMINISTRATIVE SERVICES/CFO
VIA: /V. M.DELACH, CITY MANAGER
DATE: FEBRUARY 16, 2010
SUBJECT: DISPOSITION OF SURPLUS VEHICLES
RECOMMENDATION
It is recommended that in accordance with Section 2-525(b)of the Azusa Municipal Code,City Council
approve the disposal of one(1) surplus Telescopic Articulating Aerial Device(Bucket Truck),one(1)
surplus Ford F-250 Pick-up Truck, and one(1) surplus Ford Ranger Pick-up Truck.
BACKGROUND
Purchasing has declared the following vehicles as surplus, due to age, high mileage, and the need
for costly repairs to keep them in safe operating condition. These vehicles are no longer needed
or used by their respective departments, and are not suitable for use by any other city department
for any reason. The subject vehicles are listed on page two of this report.
1
Honorable Mayor and Members of the Council
Page 2
Year Make/Model V.I.N.Number Department Est.Value
1995 GMC Bucket Truck 1GDM7H1J7SJ501365 Elect.Utility $13,000
1995 Ford F-250 Truck 1FTHF25H7SLA85559 Water Utility $1,500
1993 Ford Ranger Pick-up IFTCR10UXPYA94229 Water Utility $500
FISCAL IMPACT
It is estimated that the sale of these surplus vehicles will add approximately $15,000 to the
general fund.
Prepared by:T.Garcia,Buyer
2
Al
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OF
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CONSENT CALENDAR
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOE JACOBS, DIRECTOR OF RECREATION AND FAMILY SERVICES
VIA: .M. DELACH, CITY MANAGER
DATE: FEBRUARY 16, 2010
SUBJECT: RECOMMENDATION TO CITY COUNCIL TO WAIVE THE FORMAL BIDDING
PROCESS AND AUTHORIZE CITY MANAGER TO EXECU FE AN AGREEMENT
BETWEEN THE CITY AND WEST COAST ARBORIST INC.
RECOMMENDATION:
Staff recommends that the City Council waive the requirement for formal bidding per Azusa
Municipal Code:
2-523 (g) The City Manager has concluded that the purpose of competitive bidding is
otherwise accomplished. When the authorized contracting party determines that a
competitive bid procedure has been conducted by another public agency and the price to the
City is equal to or better than the price to that public agency.
Authorize the City Manager to execute a new three year agreement with a possible two year
extension between the City and West Coast Arborist Inc.. This agreement is more inclusive as it
provides for service to the Recreation and Family Services Department;(including park/streetscape
trees) and Light and Water Department, (easement and right-of-way work).
BACKGROUND:
On May 16, 2005 the City of Azusa entered into a five year contract with West Coast Arborist Inc.
for professional tree maintenance services. During the past five years staff has determined that West
Coast Arborist Inc.has proven to be an excellent partner in our Urban Forestry Management efforts.
In addition they also provide annual City wide utility line clearance for our Light and Water
Department. West Coast Arborist Inc. has offered to hold the current proposed contract, which
includes CPI increases that were not captured over the past ten years (see Attachment A) for the
duration of this agreement. WCA had maintained the same schedule of compensation for the past 10
years, despite increases in operating costs, and will continue to maintain this schedule of
compensation through June 30, 2010.
This recommendation is based on the following:
• Maintain cost-effectiveness during current economic conditions by locking in 2010-
2011 unit prices, for five years.
• WCA's computerized GPS inventory program assists with the management of the
City's Urban Forest.
• Complete Utility circuit inventory.
• Unlimited technological resources and Information Management are available
through WCA, including technical and software support services, inventory
capabilities, website development and tree-related reports.
• Free support services via office visits, telephone communication, e-mail and
workshops.
• Tree inventory program accessible via the internet with automatic updating of work
histories and program updates.
• Maintain maximum effectiveness and efficiency in tree maintenance services.
• Access to unlimited specialty equipment to complete any tree work necessary(100-
foot aerial lift units, cranes, loaders, roll-off trucks, etc.)
• WCA's commitment to offer waste diversion opportunities including mulch,
compost, firewood and"Logs to Lumber".
• Emergency response services available 7 days a week/24 hours per day.
• Provides experienced and certified personnel for tree maintenance and consulting
services.
• Highly trained Customer Support Representatives addresses all tree-related concerns
and inquiries in a timely manner.
• Continue "Giving Back to the Community" through participation in Arbor Days,
Kids Come First Golf Tournament, Tree Ceremonies and other City functions and
programs.
The City Manager has concluded that the purpose of bidding is otherwise accomplished. Rather than
duplicate a bidding procedure,the City can, for non-public works projects, award bids in a manner
that is in the best interests of the City. Staff's goal is always to obtain the best quality services at the
most competitive price. Given various factors, WCA is able to offer the City very competitive
prices.
In this case,the City of Rosemead went out to bid for City tree maintenance services on December 8,
2009. (2)bids were received,with Rosemead selecting West Coast Arborists(WCA) as the lowest
bidder and awarding a five year contract to WCA for tree maintenance services at their council
meeting of January 26,2010. (see Attachment B) As depicted below,the five year WCA proposal
for maintaining Azusa's urban forest is equal or in some instances even better than the price of
Rosemead's contract.
PROPOSAL
A brief comparison of the main components of each City's tree maintenance contract is shown
below, while a full breakdown can be found in (Attachment C).
City o fAzusa City of Rosemead
Item Description Unit Cost Item Description Unit Cost
1. Grid Pruning/Circuit Pruning $41.40 1. Grid Pruning $47.00
2. Tree and Stump Removal $15.00 inch/DBH 2. Tree and Stump Removal $18.00 inch/DBH
3. Plant 24"Box Tree w/o RB $184.00 3. Plant 24"Box Tree w/o RB $245.00 _
4. Crew Rental 3 man $109.20 hour 4. Crew Rental 3 man $180.00 hour
5. Emergency Crew Rental $180.00 hour 5. Emergency Crew Rental $180 hour
As a result, it is estimated that the City of Azusa will save approximately$38,000/year through the
life of the contract over the City of Rosemead's contract even with the CPI inflator calculated in the
price.
FISCAL IMPACT:
Funds will be budgeted respectfully in the 2010-2011 operating budgets of the Recreation and
Family Services Department and the Light and Water Department. $135,000 will be budgeted in
Recreation and Family Services account#10-25-420-000-6493 while$125,000 will be budgeted in
Light and Water Electrical Operation Budget account#33-40-735-930-6493.
ATTACHMENTS:
Attachment A—WCA Proposal
Attachment B —City of Rosemead City Council Staff Report
Attachment C—Comparison/Contrast Study
Attachment D—Agreement
10-028
ATTACHMENT A
Tree Care rgyr•,4.ton l .dee,x r c` 107s 3 Pl a.A 117.ho Care e l.,tri 7 ree.v www,A,CAINC.com
February 4, 2010.
City of Azusa
Department of Recreation and Family Services
Attn: Joe Jacobs, Director
213 Foothill Blvd.
Azusa, CA 91702
RE: TREE MAINTENANCE AGREEMENT
Dear Mir Jacobs,
West Coast Arborists, Inc. (CA) appreciates the hare work that you and your staff
have provided during the past 10 years to help make the tree maintenance program a
huge success for the residents of Azusa, Since 2000, we have worked with City staff to
develop a "team effort' approach in the care of the City's Urban Forest annually., at the
same unit prices,
To promote stability and to guarantee the residents with duality tree care and customer
service for years to come, municipalities have entered into longpterni contracts for
various services, including tree maintenance Tne term of the current Agreement
between WCA and the City is set to expire on April 4, 2010,
At this time, we would like to offer the City of Azusa an extension to the existing contract
for five (5) additional years, Since 2000, we have held the prices the same. however,
because of rising operating costs including wages, fuel. disposal and insurance we
respectfully, request a one-time rate increase by 15% effective July 1 , 2010 We will
agree to hold these prices for five ( ) years_ Furnllerrnoro we agree to extend the
contract on a month-to-month basis at the current unit prices until June 30, 2010.
Attached for your review is our proposed Price Schedule, We understand that the City
upon 7-days written notice may terminate the ariroemertt witheJt cause.
As part of a contract uxterssion, ',1VCA offers the following at no additional cost'
• Upgrade; existing street & park tree ini er to° tc, a GPS tree inventory (Valued at
approximately $56,000)
* Continue to update Azusa s Light & Water tree inventory within their utility line
circuits,.
* Continued access to Our web-based tree Inventory program batted ArborAccess
On-Line. (Valued at,approximately $5,000)
• Provide unlimited software support including training during the entire length of
the contract including free support services via office visits, email and workshops,
(Valued at approximately$4,800 annueLy)
Page 1 of 2
West Coast sts Inc.
2200 . via Burton Strcrett .Ancittein CA 92206 714.991,"1900 .. 800,521_, , Fax 714.956,3745
yl+
Tree C rre.P /essr 117w ewe alit Trees ++rww. cMNC,4os
City of Azusa
Extension Letter
February 4, 2010
Page 2 of 2
• Assist the City with updating the City's current Tree Master Plan_ (Valued at
approximatelyS2,500)
* Access to unlimited specialty equipment to complete any tree work necessary
(100-foot aerial towers, cranes, loaders, etc.)
* A commitment to offer waste diversion opportunities 'ir lcluding mulch, compost,
firewood and "Logs to Lumber,''
* Emergency response services available 7 days a oe /24 hours per day_
• Continue "Giving`' Back to the CommunIty through participation in Arbor
Days(Tree Ceremonies_ 'Kids Come,First" and other City functions programs.
We appreciate your ongoing efforts to make this Agreement a success for both the City
and Vv'CA and look forward to continuing our successful business relationship: Should
you have- any questions.. or require additional irnforr ation please do not hesitate to
contact me.
Sincerely.
r
9 • l
Victor" crl ale2"
V' e Fresrdernt, Director of Marketing
--
West Coast Arborists,
2200 E. Via EitprIcitf Street • 14,fir.711eitil, CA 92806 71,t.99).19(..)0 800.„52),3714 * Fox 714,956,3745
ATTACHMENT B
E
%
,,.alc. ROSEMEAD CITY CouNciL
E a- e STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CITY MANAGER l
DATE: JANUARY 26, 2010
SUBJECT: CITY TREE MAINTENANCE SERVICES- AWARD CONTRACT
SUMMARY
At its December 8, 2009 meeting, the City Council approved specifications 'to solicit
proposals for annual tree maintenance services for City streets and parks. The
Services include tree management and regular maintenance of trees located within City
parkways. medians, parks and City-owned facilities. As the urban forestry is an
important City asset, these services are critical to ensure that City trees remain healthy,
aesthetically pleasing, and safe for both the motoring and pedestrian public. The City
Council further authorized staff to seek proposals from a list of nineteen (t9) qualified
tree maintenance service providers.
Request For Proposals (RFPs) were solicited and on January 12, 2010, two (2)
proposals were received. Staff reviewed the proposals for completeness,.
understanding of scope of work, methodology, experience and proposed cost.
This annual program is also in conformance with the City's Strategic Plan Goal 1
"Beautify community infrastructure and improve public facilities" and Strategy
`Enhance public right-of-way with attractive and environmentally sensitive landscaping
and hardscaping'°. The project also conforms to Goal 2: "Enhance public safety and
quality of life" and Strategy 8: "Take proactive measures to prevent crime, promote
safety, and improve perceptions of Rosemead"_
Staff Recommendation
It is recommended that the City Council authorize the City Manager to enter into a
contract with West Coast Arborists, Inc. for an estimated annual cost of $150,000 for the
first three (3) years, with an annual option to renew for the following two (2) years.
DISCUSSION
The City of Rosemeadcurrently,owns approximately 5,200 trees that are located within
the City right-of-way, City parks and facilities. The City urban forestry inventory
continues to increase due to the City's proactive tree planting programs.
ITEM NO. j::,:.22.E2,_
APROVED cCA.."Y C D11MCIL w.SENOR:
City Ooun�it eettn
Ja wary 26, 2010
Page 2 o
Project Description
The current tree maintenance services contract expired on August 7, 2007. Staff has
arranged for a continuation of the contract services with Great Scott Tree Service
Company on a month-to-month basis. The scope of work in the new proposed contract
includes the development of a City Tree Master Plan and maintenance/management
services for trees within City parkways, medians, parks and at City facilities.
To ensure that a high standard of service is maintained, specifications for tree
maintenance services are included in the proposed agreement. In addition, the
proposed agreement contains provisions requiring optimal service levels and provides
flexibility to the City to enhance the services when needed. The service levels will
continually be monitored by City staff and the contractor s performance for the
maintenance services will be periodically evaluated.
The term of the contract is for three (3) years with an additional two (2) °optional one-
year extensions An annual CPI increase is included after the 3f` year of service,
subject to a maximum increase of 2.5%. Experience has proven that multi-year
contracts are the most cost-effective way to provide maintenance services:'
The City Council approved specifications to solicit regular tree maintenance services for
the City streets and parks at its December 8, 2009 meeting and authorized staff to
solicit proposals. Staff sent a Request For Proposals (REP) to nineteen (19) qualified
tree maintenance providers, On January 12. 2010, two (2) proposals were received.
Unit bid prices included in the proposals were used to calculate a total estimated annual
cost for each contractor. The contractors ranked as follows:
RANK CONTRACTOR OCATION ESTIMATED ANNUAL COST
1 . West Coast Arborists, Inc. Anaheim, CA $ 150 000
2. Great Scott Tree Service, inc. Stanton, CA $ 240.000
Staff reviewed the proposals for completeness, understanding of scope of work,
methodology, experience and the proposed cost. Based on the analysis of these
proposals, it is recommended that the proposal from \' est Coast Arborists, Inc. is the
most responsive and cost effective, The estimated annual cost for tree maintenance
services is $ 150.000 for the first three (3) years, with an annual option to renew for the
following two (2) years. Contract terms allow the City to adjust the annual contract cost
based on budgetary limitations.
West Coast Arborists,. Inc. has almost 40 years of experience in performing tree
maintenance services and currently works with several local cities, including the City of
La. Canada Flintridge, the City of Sierra Madre, the City of San Gabriel, and the City of
Duarte.
City Council Meeting
Jantlary 2S 2010
Page 3of3
Contract Execution
Upon City Council approval the City would enter into an agreement with West Coast
Arborists, Inc, to provide annual tree maintenance services. If approved, the new
contract wouid begin March 1 , 2010.
FINANCIAL IAL REVIEW
Funding is available under the annual maintenance and operations budget, Public
Works tree maintenance account. The total expenditure for tree maintenance serrfices
during Fiscal Year 2008-09 was approximately $18,4,000, not including tree planting.
Public Notice
This agenda item has been noticed through the regular agenda notification process.
Prepared by:
E }
Farid Hentabli
Senior Management Analyst
Submitted by:
n
Chris @arcareilc
Deputy Public Works Director
Attachments:
1
Proposal Analysis
(2) Devem er , 20.09 City Council A err a Report
(3) RIP for TreM i:lt roan Services
O Maintenance Services Contract
(5) Contractor Propo is
(6) Dula arid Bradstreet Report -- West Cos: Arborists, _ric
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ATTACHMENT
s
p 4 4
ROSEMEAD CITY COUNCIL ficr -,.\\\\)
Jam'
slurs a to REPORT
Ci r�_��
TC: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: JEFF ALLRED, CM' MANAGER 11iilr
DATE: DECEMBER 8, 2009
SUBJECT: APPROVAL OF SPECIFICATIONS AND AUTHORIZATION TO SOLICIT
PROPOSALS FOR CITY TREE MAINTENANCE SERVICES
SUMMARY
The City of Rosemead currently uses outside contractual services to perform n regular
street tree and park tree maintenance Services performed by contract include regular
tree maintenance and management of trees located within the City parkways, medians,
parks and City-owned facilities_ As the urban forestry is an important City asset, these
services are critical to ensure that City trees remain healthy, aesthetically pleasing, and
safe for both the motoring and pedestrian public_ Currently, the City contracts with Great
Scott Tree Service company on a month-to-month basis for these services If approved
this proposal would enable the City to enter into a fixed cost maintenance contract for a
period of five (5) years with an option to extend the contract for two (2) additionyears,
Staff Recommendation
Staff recommends that the City Council approve the attached specifications for tree
maintenance services and authorize staff to solicit> proposals from the attached list of
qualified tree maintenance firms.
DISCUSSION
The City of Rosemead currently owns about 5,200 trees that are located within the City
right-of-way City parks and facilities. The City urban forestry inventory continues to
increase due to the City's proactive tree planting programs.
Project Description
The current tree maintenance services contract expired on August 7, 2007Staff has
arranged for a continuation of the contract services with Great Scott Tree Service
Company on a month-to-month basis. The scope of work in the new proposed contract
includes the deve opment of a City Tree Master Pan and maintenancelmanagement
services for trees within City parkways, medians, parks and at City facilities
To ensure that a high standard of service is maintained, specifications for tree
maintenance services are included in the proposed agreement. in addition, the proposed
rrEivi No. ..,1,2.-L,1:„.„,,,
ARPR E F car"„,".%", AZ,E DA
ATTACHMENT
Cegy COU'iltil Meetiftg
t eibet a,2009
pie 2 of 2
agreement contains provisions requiring optimal service levels and provides flexibility to
the City to enhance the services when needed The service levels will continually be
monitored by City staff and the contractor's performance for the maintenance services
will be periodically evaluated
The term of the contract is for five (5) years and, due to the substantial commitment of
personnel and equipment required by the contract, there are two (2) optional one-year
extensions. An annual CPI increase is included after the 5th year of service, subject to a
maximum increase of 2.5%. Experience has proven that multi-year contracts are the
most cost-effective way to provide maintenance services.
Bid Process and Analysis
Upon City Council approval, the RFP will be mailed to a list of qualified tree maintenance
service providers. Tentatively, proposals will be due to the City by Tuesday, December
22, 2009, and staff vi,i present a recommendation to the City Council on Tuesday,
January 12, 2011 . The timeline for soliciting proposals is included in the attached RFP
(see RFP. Page 2)- If approved, the new contract would take effect February 1, 2010,
As indicated in the RFP, fee schedules and costs will not be the sole criteria for award of
this agreement. Instead, evaluation criteria for the proposals will include several
categories, including experience, equipment listing, cost, safety training practices,
management ability, and reference checks,
FINANCIAL REVIEW
Funding is available under the annual maintenance and operations budget, Public
Works, Park and Open Spaces cost center
PUBLIC NOTICE
This agenda item has been noticed through the regular agenda notification process,
Prepared by
Farid Hentabti
Senior Management Analyst
Submitted by
eicti:44,,oil,..,
Chris Ma rcaarello
Deputy Public VVorks Director
Attachments:
(1) Request for Proposal Tree M ince ante Services for City Trees
(2) ortractis List
(3) Draft Tee Ma ntena e Services Agreement
ATTACHMENT C
COMPARISON / CONTRAST STUDY
City of Azusa and Azusa Light & Water
Price Schedule far Tree Maintenance Services
Current Prices Proposed Prices ' City of Rosemead
ttern Description Unit ( during 2000-2010 for 2010-2015 New Unit Prices
G.id Tree PruningfCh;cur cr.urfino Each S 36.00 $ 41 40 S 47 00
2 Service Request Prun,ng Each S '
�6.� 5 4,.44r � .� 182.67 Avg
Tree`Raising Each S 17.00 g 19.55 ' S 23.50
4 Tree and Stump Removal inch S 13.00 $ 15,00 S 18.00
5 Stump Only Removal inch S 4,00 $ 4.60 ; $ 9.00.
6 Plant 15-gation tree wlout Root Barrier(RBI Each S 80.00 $ 92.00 _ S 100.00
7 Plant 15 gallon tree with RE Each S 95.00 5 109.25 >
8 Plant 24-inch box tree:w//out RB Each S160.00 $ 184.00 5 245.00
9 Plant 24-box tree with RE Each 5 105.00 $ 224.25 N/A
10 Plant 36-box tree with RB Each S 700.00 $ 750.00 $ 750 00
11 Plant 48 inch tree with RB Each $ 1,500.00 $ 1,725.00 $ 1,900.00
12 Specialty plant 15-goiion tree wllout RB Each S 110.00 $ 126.50 NIA
13 Specialty plant 15 gallon tree with RE Each 5 125 00 $ 143.76 N'A
14 Specialty plant 24-inch box tree a aout R8 Each S 220.30 $ 253 00 NIA
15 Specialty plant 24-box tree with PS Each S 255.00 S 293.25 NIA
16 Crew Rental-.1 man crew Hour $ 31.67 5 36.40 5 60.00
17 Crew Rental-2 roan crew Hour 5 63.34 S 72 80 S 120000
18 Crew Rental»3 man crew Hour 5 95.00 $ 109.20 S 180 30
19 Emergency Crew Rental Hour S '` 200.00 S 180.00 S 180,00
20 Tree Watering Day $ 260.00 S 290.00 $ 48000
21 Palm Skinning E r N/A. S 10.00 $ 10.30
22 Root Pruning E. N/A $ 10.00 ; $ 13 00
23 Root Barrel-'lnst«'lation(12"or 18"b rrer) l_t" N/ 10 00 ! $ 10 00
rrren*prices have been in effect since 2000
The revs pru used prices retie:of a one:ime 15% increase and is vand'er five years
The City Rosemead's Llnit p°ees-stem from a REP awarded to 51;CA in January 2010
ATTACHMENT D
CITY OF AZUSA
AGREEMENT FOR MAINTENANCE SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 16th day of February,2010 by and between the
City of Azusa, a municipal corporation of the State of California, located at 213 East Foothill
Boulevard,Azusa, California 91702-1295,County of Los Angeles, State of California,(hereinafter
referred to as"City") and WEST COAST ARBORIST,INC.,a Corporation with its principal place
of business at 2200 E.Via Burton St.,Anaheim,CA 92806(hereinafter referred to as"Contractor").
City and Contractor are sometimes individually referred to as"Party"and collectively as"Parties"in
this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing tree maintenance and related services to
public clients,that it and its employees or subcontractors have all necessary licenses and permits to
perform the Services in the State of California, and that is familiar with the plans of City.
2.2 Project.
City desires to engage Contractor to render such maintenance services for the City of Azusa
("Project") as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the
Owner all labor,materials,tools,equipment,services,and incidental and customary work necessary
to fully and adequately supply the professional tree maintenance services necessary for the Project
("Services"). The Services are more particularly described in Attachment "A" attached hereto and
incorporated herein by reference. All Services shall be subject to,and performed in accordance with,
RVPUB\NGS\547268
this Agreement,the exhibits attached hereto and incorporated herein by reference,and all applicable
local, state and federal laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from July 1,2010 to July 1,2013,unless
earlier terminated as provided herein. Contractor shall complete the Services within the term of this
Agreement, and shall meet any other established schedules and deadlines. This agreement may be
extended for two one year extended terms upon the written request of WCA for a period of one(1)
year("Extended Term"). WCA shall provide written notice prior to February 1, 2013 and 2014 as
applicable.
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates;Independent Contractor. The Services
shall be performed by Contractor or under its supervision. Contractor will determine the means,
methods and details of performing the Services subject to the requirements of this Agreement. City
retains Contractor on an independent contractor basis and not as an employee. Contractor retains the
right to perform similar or different services for others during the term of this Agreement. Any
additional personnel performing the Services under this Agreement on behalf of Contractor shall also
not be employees of City and shall at all times be under Contractor's exclusive direction and control.
Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with
their performance of Services under this Agreement and as required by law. Contractor shall be
responsible for all reports and obligations respecting such additional personnel, including, but not
limited to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has
the professional and technical personnel required to perform the Services in conformance with such
conditions. In order to facilitate Contractor's conformance with the Schedule,City shall respond to
Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more
detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor
shall be subject to the approval of City.
3.2.4 City's Representative. The City hereby designates Ross Montes, Urban
Forester, or his or her designee, to act as its representative for the performance of this Agreement
("City's Representative"). City's Representative shall have the power to act on behalf of the City for
all purposes under this Contract. Contractor shall not accept direction or orders from any person
other than the City's Representative or his or her designee.
RVPUB\NGS\547268 2 (BB&K:Jan.6,2000)
3.2.5 Contractor's Representative. Contractor hereby designates Nick Alago,Area
Manager or his or her designee, to act as its representative for the performance of this Agreement
("Contractor's Representative"). Contractor's Representative shall have full authority to represent
and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's
Representative shall supervise and direct the Services,using his best skill and attention,and shall be
responsible for all means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in
the performance of Services and shall be available to City's staff, consultants and other staff at all
reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling necessary
to perform the Services. Contractor warrants that all employees and subcontractors shall have
sufficient skill and experience to perform the Services assigned to them. Finally, Contractor
represents that it, its employees and subcontractors have all licenses, permits, qualifications and
approvals of whatever nature that are legally required to perform the Services, including a City
Business License, and that such licenses and approvals shall be maintained throughout the term of
this Agreement. As provided for in the indemnification provisions of this Agreement, Contractor
shall perform, at its own cost and expense and without reimbursement from the City, any services
necessary to correct errors or omissions which are caused by the Contractor's failure to comply with
the standard of care provided for herein. Any employee of the Contractor or its sub-contractors who
is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property,or any employee who fails or
refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from
the Project by the Contractor and shall not be re-employed to perform any of the Services or to work
on the Project.
3.2.8 Laws and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws,rules and regulations in any manner affecting the
performance of the Project or the Services,including all Cal/OSHA requirements,and shall give all
notices required by law. Contractor shall be liable for all violations of such laws and regulations in
connection with Services. If the Contractor performs any work knowing it to be contrary to such
laws,rules and regulations and without giving written notice to the City, Contractor shall be solely
responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its
officials,directors,officers,employees and agents free and harmless,pursuant to the indemnification
provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure
to comply with such laws, rules or regulations.
RVPUB\NGS\547268 3 (BB&K:Jan.6,2000)
3.2.9 Insurance.
3.2.9.1 Time for Compliance. Contractor shall not commence Work under
this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance
required under this section. In addition, Contractor shall not allow any subcontractor to commence
work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor
has secured all insurance required under this section.
3.2.9.2 Minimum Requirements. Contractor shall,at its expense,procure and
maintain for the duration of the Agreement insurance against claims for injuries to persons or
damages to property which may arise from or in connection with the performance of the Agreement
by the Contractor, its agents, representatives, employees or subcontractors. Contractor shall also
require all of its subcontractors to procure and maintain the same insurance for the duration of the
Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as
broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and
(3) Workers'Compensation and Employer's Liability:Workers' Compensation insurance as required
by the State of California and Employer's Liability Insurance.
(B) Minimum Limits of Insurance. Contractor shall maintain limits
no less than: (1)General Liability: $1,000,000 per occurrence for bodily injury,personal injury and
property damage. If Commercial General Liability Insurance or other form with general aggregate
limit is used, either the general aggregate limit shall apply separately to this Agreement/location or
the general aggregate limit shall be twice the required occurrence limit; (2)Automobile Liability:
$1,000,000 per accident for bodily injury and property damage;and(3) Workers'Compensation and
Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of
California. Employer's Liability limits of$1,000,000 per accident for bodily injury or disease.
3.2.9.3 Insurance Endorsements. The insurance policies shall contain the
following provisions, or Contractor shall provide endorsements on forms supplied or approved by
the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall be endorsed
to state that: (1)the City,its directors, officials,officers, employees,agents and volunteers shall be
covered as additional insured with respect to the Work or operations performed by or on behalf of
the Contractor,including materials,parts or equipment furnished in connection with such work;and
(2) the insurance coverage shall be primary insurance as respects the City, its directors, officials,
officers,employees,agents and volunteers,or if excess,shall stand in an unbroken chain of coverage
excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance
RVPUB\NGS\547268 4 (BB&K:Jan.6,2000)
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be
excess of the Contractor's insurance and shall not be called upon to contribute with it in any way.
(B) Automobile Liability. The automobile liability policy shall be
endorsed to state that: (1)the City,its directors,officials,officers,employees,agents and volunteers
shall be covered as additional insureds with respect to the ownership, operation,maintenance,use,
loading or unloading of any auto owned,leased,hired or borrowed by the Contractor or for which the
Contractor is responsible; and(2)the insurance coverage shall be primary insurance as respects the
City,its directors,officials,officers,employees,agents and volunteers,or if excess,shall stand in an
unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any
insurance or self-insurance maintained by the City,its directors,officials,officers,employees,agents
and volunteers shall be excess of the Contractor's insurance and shall not be called upon to
contribute with it in any way.
(C) Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
officers, employees, agents and volunteers for losses paid under the terms of the insurance policy
which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A)coverage shall not be suspended,voided,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 volunteers.
3.2.9.4 Separation of Insureds;No Special Limitations. All insurance required
by this Section shall contain standard separation of insureds provisions. In addition,such insurance
shall not contain any special limitations on the scope of protection afforded to the City,its directors,
officials, officers, employees, agents and volunteers.
3.2.9.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City. Contractor shall guarantee that,at
the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-
insured retentions as respects the City, its directors, officials, officers, employees, agents and
volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related
investigation costs, claims and administrative and defense expenses.
3.2.9.6 Acceptability of Insurers. Insurance is to be placed with insurers with
a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City.
RVPUB\NGS\547268 5 (BB&K Jan.6,2000)
3.2.9.7 Verification of Coverage. Contractor shall furnish City with original
certificates of insurance and 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 provided
by the City if requested. All certificates and endorsements must be received and approved by the
City before work commences. The City reserves the right to require complete,certified copies of all
required insurance policies, at any time.
3.2.10 Safety. Contractor shall execute and maintain its work so as to avoid injury or
damage to any person or property. In carrying out its Services,the Contractor shall at all times be in
compliance with all applicable local,state and federal laws,rules and regulations,and shall exercise
all necessary precautions for the safety of employees appropriate to the nature of the work and the
conditions under which the work is to be performed. Safety precautions as applicable shall include,
but shall not be limited to: (A) adequate life protection and life saving equipment and procedures;
(B)instructions in accident prevention for all employees and subcontractors,such as safe walkways,
scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or
lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper
inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages.Contractor is aware of the requirements of California Labor
Code Section 1770 et seq.("Prevailing Wage Laws"),which require the payment of prevailing wage
rates and the performance of other requirements on "public works contracts." If this is a "public
works contract" pursuant to the California Labor Code and if the total compensation is $1,000 or
more,Contractor agrees to fully comply with such Prevailing Wage Laws. Copies of the prevailing
rate of per diem wages for each craft, classification or type of worker needed to execute this
Agreement shall be made available to interested parties upon request, and shall be posted at the
Project site. Contractor agrees to defend,indemnify and hold the City,its elected officials,officers,
employees and agents free and harmless, pursuant to the indemnification provisions of this
Agreement,from any claim or liability arising out of any failure or alleged failure to comply with the
Prevailing Wage Laws.
3.2.12 Bonds.
3.2.12.1 Performance Bond. If specifically requested by City in Exhibit
"B" attached hereto and incorporated herein by reference, Contractor shall execute and provide to
City concurrently with this Agreement a Performance Bond in the amount of the total,not-to-exceed
compensation indicated in this Agreement,and in a form provided or approved by the City. If such
bond is required,no payment will be made to Contractor until it has been received and approved by
the City.
RVPUB\NGS\547268 6 (BB&K:Jan.6,2000)
3.2.12.2 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit"B" attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of
the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until it has
been received and approved by the City.
3.2.12.3 Bond Provisions. Should, in City's sole opinion, any bond
become insufficient or any surety be found to be unsatisfactory,Contractor shall renew or replace the
affected bond within 10 days of receiving notice from City. In the event the surety or Contractor
intends to reduce or cancel any required bond, at least thirty(30) days prior written notice shall be
given to the City,and Contractor shall post acceptable replacement bonds at least ten(10)days prior
to expiration of the original bonds. No further payments shall be deemed due or will be made under
this Agreement until any replacement bonds required by this Section are accepted by the City.To the
extent, if any, that the total compensation is increased in accordance with the Agreement, the
Contractor shall,upon request of the City,cause the amount of the bonds to be increased accordingly
and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available,
the bonds shall further provide that no change or alteration of the Agreement (including, without
limitation, an increase in the total compensation, as referred to above), extensions of time, or
modifications of the time,terms,or conditions of payment to the Contractor,will release the surety.
If the Contractor fails to furnish any required bond,the City may terminate this Agreement for cause.
3.2.12.4 Surety Qualifications. Only bonds executed by an admitted
surety insurer,as defined in Code of Civil Procedure Section 995.120,shall be accepted. The surety
must be a California-admitted surety with a current A.M. Best's rating no less than A:VIII and
satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these
requirements,the insurer will be considered qualified if it is in conformance with Section 995.660 of
the California Code of Civil Procedure, and proof of such is provided to the City.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation,including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C"
attached hereto and incorporated herein by reference. Extra Work may be authorized, as described
below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by Contractor.
The statement shall describe the amount of Services and supplies provided since the initial
commencement date,or since the start of the subsequent billing periods,as appropriate,through the
date of the statement. City shall,within 45 days of receiving such statement,review the statement
and pay all approved charges thereon.
RVPUB\NGS\547268 7 (BB&K:Jan.6,2000)
3.3.3 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement,City may request
that Contractor perform Extra Work. As used herein, "Extra Work" means any work which is
determined by City to be necessary for the proper completion of the Project,but which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement. Contractor shall
not perform, nor be compensated for, Extra Work without written authorization from City's
Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records shall
be clearly identifiable. Contractor shall allow a representative of City during normal business hours
to examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents,
proceedings, and activities related to the Agreement for a period of three(3)years from the date of
final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may,by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Contractor of such termination, and specifying the effective date thereof,at least seven(7)
days before the effective date of such termination. Upon termination, Contractor shall be
compensated only for those services which have been adequately rendered to City, and Contractor
shall be entitled to no further compensation. Contractor may not terminate this Agreement except for
cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Contractor to provide all finished or unfinished Documents and Data and
other information of any kind prepared by Contractor in connection with the performance of Services
under this Agreement. Contractor shall be required to provide such document and other information
within fifteen(15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein,City may procure,upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
RVPUB\NGS\547268 8 (BB&K:Jan.6,2000)
3.5.2 Delivery of 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:
CONTRACTOR:
West Coast Arborist
Patrick Mahoney, President
2200 E. Via Burton St.
Anaheim, CA 92806
CITY:
City of Azusa
213 East Foothill Blvd.
Azusa, CA 91702-1295
Attn: Ross Montes, Urban Forester
Such notice shall be deemed made when personally delivered or when mailed, forty-eight
(48)hours after deposit in the U.S. Mail,first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
3.5.3 Cooperation;Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be necessary,appropriate
or convenient to attain the purposes of this Agreement.
3.5.4 Attorney's 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 from the losing party reason-
able attorney's fees and all other costs of such action.
3.5.5 Indemnification. Contractor shall defend, indemnify and hold the City, its
officials, officers, employees, volunteers and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to
property or persons,including wrongful death,in any manner arising out of or incident to any alleged
acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents,
consultants and contractors arising out of or in connection with the performance of the Services,the
Project or this Agreement, including without limitation the payment of all consequential damages
and attorneys fees and other related costs and expenses. Contractor shall defend,at Contractor's own
cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every
RVPUB\NGS 547268 9 (BB&K Jan.6,2000)
kind that maybe brought or instituted against City,its directors,officials,officers,employees,agents
or volunteers. Contractor shall pay and satisfy any judgment,award or decree that may be rendered
against City or its directors, officials, officers, employees, agents or volunteers, in any such suit,
action or other legal proceeding. Contractor shall reimburse City and its directors,officials,officers,
employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of
them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation
to indemnify shall not be restricted to insurance proceeds,if any,received by the City,its directors,
officials officers, employees, agents or volunteers.
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in Los Angeles County.
3.5.8 Time of Essence. Time is of the essence for each and every provision of this
Agreement.
3.5.9 City's Right to Employ Other Contractors. City reserves right to employ other
contractors in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.11 Assignment or Transfer. Contractor shall not assign,hypothecate,or transfer,
either directly or by operation of law,this Agreement or any interest herein without the prior written
consent of the City. Any attempt to do so shall be null and void,and any assignees,hypothecates or
transferees shall acquire no right or interest by reason of such attempted assignment,hypothecation
or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time,days or period for performance shall be deemed calendar days and not work days.
All references to Contractor include all personnel, employees, agents, and subcontractors of
Contractor, except as otherwise specified in this Agreement. All references to City include its
elected officials, officers, employees, agents, and volunteers except as otherwise specified in this
Agreement. The captions of the various articles and paragraphs are for convenience and ease of
reference only, and do not define, limit, augment, or describe the scope, content, or intent of this
Agreement.
RVPUB\NGS\547268 10 (BB&K:Jan.6,2000)
3.5.13 Amendment;Modification. No supplement,modification,or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach,whether of the same or other covenant or condition. No waiver,benefit,privilege,
or service voluntarily given or performed by a Party shall give the other Party any contractual rights
by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.17 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely for
Contractor,to solicit or secure this Agreement. Further,Contractor warrants that it has not paid nor
has it agreed to pay any company or person, other than a bona fide employee working solely for
Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent
upon or resulting from the award or making of this Agreement. For breach or violation of this
warranty, City shall have the right to rescind this Agreement without liability. For the term of this
Agreement,no member,officer or employee of City,during the term of his or her service with City,
shall have any direct interest in this Agreement,or obtain any present or anticipated material benefit
arising therefrom.
3.5.18 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor,employee or applicant
for employment because of race,religion,color,national origin,handicap,ancestry,sex or age. Such
non-discrimination shall include, but not be limited to, all activities related to initial employment,
upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
Contractor shall also comply with all relevant provisions of City's Minority Business Enterprise
program, Affirmative Action Plan or other related programs or guidelines currently in effect or
hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder,Contractor certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require every employer
to be insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and agrees to comply with such provisions before
commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Contractor has all requisite power and
RVPUB\NGS'547268
11 (BB&K:Jan.6,2000)
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts,each of which
shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Contractor shall not subcontract any portion of the
work required by this Agreement,except as expressly stated herein,without prior written approval of
City. Subcontracts,if any,shall contain a provision making them subject to all provisions stipulated
in this Agreement.
CITY OF AZUSA WEST COAST ARBORIST
By: By: /264
Fran M. Delach Patrick Mahoney
City Manager President
By:
1n
R. acrd Mahoney
sst. Secretary
Attest:
City Clerk
Approved as to Form:
Best Best& Krieger LLP
City Attorney
RVPUB\NGS\547268 12 (BB&K:Jan.6,2000)
EXHIBIT A
SERVICES AND SCHEDULE
CITY OF AZUSA
RECREATION AND FAMILY SERVICES DEPARTMENT
URBAN FOREST TREE MAINTENANCE PROGRAM
GENERAL CONDITIONS/SPECIFICATIONS
WORK IDENTIFICATION:Tree Maintenance Services in the City of Azusa
ARTICLE# PAGE NO.
1. Definitions 3
1.1 General Construction 3
1.2 Terms Defined 3
2. Work and Material Requirements 4
2.1 Use of Premises 4
2.2 Liens 5
2.3 Manufacturer's Recommendations 5
2.4 Certificates of Compliance 5
3. Maintenance Schedule and Commencement of Work 6
3.1 Proposed Maintenance Schedule 6
3.2 Beginning of Work 6
3.3 Fees and Payment 7
4. Subcontracting 7
4.1 Subcontractors Bound By Contract 7
4.2 City Consent to Subcontractors 8
5. Contractor's Responsibilities 8
6. Authority of the Director 8
6.1 General Authority 8
6.2 Interpretation of Drawings and Specifications 9
6.3 Inspection - 9
6.4 Disputes Pertaining to Payment for Work 9
6.5 Traffic Requirements 9
6.6 Deductions for Uncorrected Work 10
6.7 Certificate as to Compliance with Certain Regulations 11
7. Assignment of Rights 11
7.1 Assignment to City 11
7.2 Agreement to Assign 11
8. Prohibited Interests 12
9. Labor Code Requirements 12
9.1 Travel and Subsistence Payments 12
9.2 State Wage Determination 12
9.3 Payroll Records 13
9.4 Apprentices 13
9.5 Working Flours 14
9.6 Workers'Compensation 14
io. Pruning Standards and Specifications 14-19
11. Community Partnership Programs 20-21
2
EXHIBIT A
GENERAL CONDITIONS/SPECIFICATIONS
1. Definitions
1.1 General Construction
Terms defined herein, which are used in other Contract Documents, have the
meaning assigned herein, unless the context requires a different meaning.
Words used herein in the masculine gender include the feminine and neuter,
and vice versa; the singular includes the plural, and vice versa. The word
"person" includes a corporation, association or partnership.
Unless otherwise specifically defined herein, or unless the context requires a
different meaning, all words, terms and phrases having a well-known or
technical meaning shall be so construed.
In the event of conflict, the order of precedence of governing documents shall
be as set forth in Section 5.1 of the instructions to Bidders.
1.2 Terms Defined
Acceptance: The formal written acceptance by the Agency of a project which
has been completed in all respects in accordance with the specifications and
any modifications thereof.
Addendum: The modification of the specifications issued to all prospective
bidders during the period when necessary to change, correct, clarify, or
further define any phase of the work.
Bidder: Any individual, firm, partnership, corporation, and combination
thereof, submitting a proposal for the work contemplated, acting directly or
through a duly authorized representative.
City: The City of Azusa, County of Los Angeles, State of California.
City Clerk: The City Clerk of City.
3
City Council: The City Council of City.
Director: The Director of Recreation and Family Services of City or his/her
duly authorized deputies, agents, representatives or inspectors.
Contractor: The successful bidder to whom the contract is awarded.
Days: Calendar days, unless business days or workdays, are expressly
specified.
Materials: Any material, equipment, appliance, process, item or article of
any nature whatsoever installed or incorporated into the work or provided to
City under the contract.
Project: The project is the total improvement, of which the work
performed under the contract may be the whole or a part.
Special Conditions: Any provision in the Contract Documents that
supplements, modifies and, when in conflict, supersedes these General
Conditions/Specifications.
Subcontractor: Any subcontractor under Contractor.
Work: That which is proposed to be maintained under the contract, in strict
accordance with the Contract Documents, including the furnishing of all
necessary or convenient tools, equipment, material, labor and transportation.
Working Days: A working day is defined as any day, expect Saturdays,
Sundays, legal holidays and except days when work is suspended by the
Director, and any other day determined to be non-working in accordance with
the Contract Documents.
2. Work and Material Requirements
2.1 Use of Premises
(a) Contractor shall confine all tools and equipment, the storage of
materials, and the operation of workers to areas designated by the
Director.
(b) With respect to any premises, tools or equipment of City made use of
in the performance of the contract, Contractor shall have inspected
the same prior to use, have accepted them in good and safe condition
4
and have agreed to maintain them in a safe condition for the
protection of workmen while using them during the performance of
the work.
2.2 Liens
No materials,supplies,tools or equipment for work under this contract shall
be purchased subject to any chattel mortgage or under a conditional sale or
other agreement by which an interest herein or in any part thereof is retained
by seller or supplier. Contractor warrants good title to all materials installed
or incorporated in the work by Contractor or any subcontractor and agrees
upon completion of all work to deliver premises, together with all
improvements and appurtenances constructed or placed thereon by him or
her,to City free from any claim, liens,or charges. Contractor further agrees
that neither he nor any person,firm,or corporation furnishing any materials,
supplies,tools,equipment or labor for any work covered by this contract shall
have any right to lien upon the premises or any improvement or appurtenance
thereon. Nothing contained in this article,however,shall defeat or impair the
rights of persons furnishing material or labor under any bond given by
Contractor for their protection or any rights under any law permitting such
persons to look to funds due Contractor in the hands of City, and this
provision shall be inserted in all subcontracts and material contract and notice
of its provisions shall be given to all persons furnishing material for work
when no formal contract is entered into for such material.
2.3 Manufacturer's Recommendations
Where the manufacturer of any material or equipment provides written
recommendations or instructions for its use of method of installation
(including labels,tags,manuals or trade literature),such recommendations or
instructions shall be complied with, except where the contract documents
specifically requires deviations.
2.4 Certificates of Compliance
The Director may require certificates of compliance with the specifications for
materials or manufactured items produced outside of the job site. Such
certificates will not relieve Contractor from the requirements of providing
materials and manufactured items complying with the specifications even
though they have been incorporated into the job.
3. Maintenance Schedule and Commencement of Work
5
3.1 Proposed Maintenance Schedule
After notification of award and prior to the start of any work, Contractor shall
submit to the Director for approval the proposed maintenance schedule. The
maintenance schedule shall be in form of a tabulation, chart, or graph and
shall be in sufficient detail to show the chronological relationship of all
activities of the project, including, but not limited to, estimated scheduling
dates of various activities, procurement of materials and scheduling of
equipment. The maintenance schedule shall reflect completion of all work
under the contract within the specified time and in accordance with these
specifications.
If Contractor desires to make a major change in its method of operation after
commencing maintenance, or if schedules fail to reflect the actual progress, it
shall submit to City a revised maintenance schedule in advance of beginning
revised operations.
3.2 Beginning of Work
The delivery to City, for execution and approval of the contract documents
properly executed on behalf of Contractor and surely, shall constitute
Contractor's authority to enter upon the site of the work and to begin
operations, subject to its assumption of the risk of the disapproval of the
contract, as herein provided, and subject also to the following:
Contractor shall have received a receipt in writing for the properly executed
contract documents, including bonds and certificates of insurance approved
by the City before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
3.2.10 Safety. Contractor shall execute and maintain its work so as to
avoid injury or damage to any person or property. In carrying out its Services,
the Contractor shall at all times be in compliance with all applicable local, state
and federal laws, rules and regulations, and shall exercise all necessary
precautions for the safety of employees appropriate to the nature of the work
and the conditions under which the work is to be performed. Safety
precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life saving equipment and procedures: (B)
instructions in accident prevention for all employees and subcontractors, such
as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other
safety devices, equipment and wearing apparel as are necessary or lawfully
6
required to prevent accidents or injuries; and (C) adequate facilities for the
proper inspection and maintenance of all safety measures.
3.2.11 Prevailing Wages. Contractor is aware of the requirements of
California Labor Code Section 1770 et seq. ("Prevailing Wage Laws"), which
require the payment of prevailing wage rates and the performance of other
requirements on "public works contracts". If this is a "public works contract"
pursuant to the California Labor Code and if the total compensation is $1,000
or more, Contractor agrees to fully comply with such Prevailing Wage Laws.
Copies of the prevailing rate of per diem wages for each craft, classification or
type of worker needed to execute this Agreement shall be made available to
interested parties upon request, and shall be posted at the Project site.
Contractor agrees to defend, indemnify and hold the City, its elected officials,
officers, employees and agents free and harmless, pursuant to the
indemnification provisions of this Agreement,from any claim or liability arising
out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Sections 3.2.12, 3.2.12.1, 3.2.12.2 and 3.2.12.3 are excluded from this agreement.
3.3 Fees and Payments
3.3.1 Compensation Contractor shall receive compensation, including
authorized reimbursements,for all Services rendered under this Agreement at
the rates set forth in Exhibit "B" attached hereto and incorporated parties, a
Notice to Proceed will be issued by City stating the starting date of the
contract time will be 3o calendar days after the Notice to Proceed is issued,
unless otherwise provided in the special conditions.
4. Subcontractin
4.1 Subcontractors Bound By Contract
Contractor agrees to bind every subcontractor by the terms of the contract as
far as such terms are applicable to subcontractor's work. If Contractor shall
subcontract any part of this contract, Contractor shall be as fully responsible
to City for acts and omissions of every subcontractor and of persons either
directly or indirectly employed by every such subcontractor, as he is for acts
and omissions of persons directly employed by himself. Nothing contained in
the Contract Documents shall create any contractual relation between any
subcontractor and City.
4.2 City Consent to Subcontractors
7
City's consent to, or approval of, any subcontractor under the contract shall
not in any way relieve Contractor of its obligations under the contract and no
such subcontract or approval thereof shall be deemed to waive any provision
of the contract between City and Contractor.
5. Contractor's Responsibilities
Contractor shall ascertain to its own satisfaction the scope of the project and nature
of any other contracts that have been or may be awarded by City in prosecution of
project to the end that Contractor may perform the contract in consideration of such
other contracts, if any.
Contractor shall afford other contractors reasonable opportunity for introduction
and storage of their materials and execution of their work and shall properly connect
and coordinate its work with theirs. Contractor shall not cause any unnecessary
hindrance or delay to any other contractor working on the project.
If any part of Contractor's work depends for proper execution or results upon work
of any other contractor, Contractor shall inspect and promptly report to the Director
any defects in such work that render it unsuitable for such proper execution and
results. Its failure so to do shall constitute a waiver by Contractor of any claim of
delay caused by events beyond Contractor's control.
6. Authority of the Director
6.1 General Authority
The Director shall decide any and all questions which may arise as to the
quality of acceptability of materials furnished and work performed, and as to
the manner of performance and rate of progress of the work, and shall decide
all questions which may arise as to the interpretation of the drawings and
specifications, and all questions as to the acceptable fulfillment of the
contract on the part of Contractor, and as to compensation. His/her decisions
shall be final and it shall have authority to enforce and make effective such
decisions and orders.
6.2 Interpretation of Drawings and Specifications
The Director shall interpret the meaning of any part of the drawings and
specifications about which any misunderstanding may arise and his/her
decision will be final. Should there appear to be any error or discrepancy in or
between the drawings and specifications, Contractor shall refer the matter to
8
the Director for adjustment before proceeding with the work. Should
Contractor proceed with the work without so referring the matter, it does so
at its own risk.
6.3 Inspection
The Director shall have full access to all operations involving work under the
contract and shall be provided reasonable advance notice of the time and
place of operations which he desires to observe.
All work shall be under observation of the Director. He/she shall have free
access to any or all parts of work at any time. Contractor shall furnish the
Director reasonable facilities for obtaining such information as may be
necessary to keep him/her fully informed respecting progress and manner of
work and character or materials. Inspection of work shall not relieve
Contractor from any obligation under the contract. The Director shall have
authority to stop work whenever provisions of Contract Documents are not
being complied with and Contractor shall instruct its employees and any
subcontractors accordingly.
6.4 Di5putes Pertaining to Payment for Work
Should any dispute arise respecting the true value of any work done, of any
work omitted, or any extra work which Contractor may be required to do, or
respecting the size of any payment to Contractor during the performance of
this contract, such dispute shall be decided by the Director.
6.5 Traffic Requirements
Street Closures, Detours, and Barricades
All costs involved in complying with the following requirements for street
closures, detours and barricades shall be borne for by Contractor.
Contractor shall notify the Director of Recreation and Family Services at least
five (5) working days before closing or partially closing any street. The
Director of Recreation and Family Services will arrange detour routes and
issue signing instructions, if required.
Contractor shall notify the following agencies, at least forty-eight(48) hours in
advance of the closing, partial closing, or opening of any street or alley:
Azusa Police Department (626) 812-3200
9
Azusa Recreation and Family Services Department (626) 812-5220
Azusa Public Works Department (626) 812-5248
Contractor shall install, maintain, and remove all temporary barricades, lights,
warning signs, and other facilities necessary to control traffic as specified in
the Manual of Warning Signs, Lights and Devices for Use in Performance of
Work Upon Highways, which is compiled in accordance with section 21400 of
the California Vehicle Code. Materials for a temporary facility may be provided
from new or used materials. If used materials are provided, they shall be
sound, in good condition, and otherwise meet the requirements of new
materials. (Veh. Code §214o0.)
If at any time any portion of the street is obstructed to traffic, Contractor shall
post "No Parking Anytime" signs on both sides of the street for a distance of
three hundred (300)feet beyond the obstructed portion of the street.
In addition to the lane width specified in subparagraph (b) below, Contractor
shall maintain a minimum clearance of three (3) feet to excavations and a
minimum of two (2) feet to curbs and other obstructions. When traffic
patterns required by the work are such that opposing lanes of traffic must
cross the existing centerline, Contractor shall separate the opposing lanes at
intervals, not to exceed fifty (5o) feet, or as directed by the Director of
Recreation and Family Services.
Minimum Requirements for Maintaining Traffic Flow: Traffic in both
directions shall be maintained on all side streets at all times. Minimum ten
(io')foot lanes shall be used.
6.6 Deductions for Uncorrected Work
If City deems it inexpedient to correct work not performed in accordance with
the contract, an equitable deduction from contract price shall be made
thereof.
6.7 Certificate as to Compliance with Certain Regulations
Contractor shall file with Director, prior to the release of the work, a
certificate in form substantially as follows:
I (We) hereby certify, that all work has been performed and materials supplied
in accordance with the specifications, drawings, and Contract Documents for
the above work and that:
10
No less than the prevailing rates of per diem wages as ascertained by the
Director of Industrial Relations has been paid to workers employed on this
work and a copy of said rates has been posted and maintained at the work
site at all times during the course of the work;
There have been no unauthorized substitutions of subcontractors: nor have
any unauthorized subcontracts been entered into;
No subcontract was assigned or transferred or performed by anyone other
than the original subcontractor, except as provided in the Subletting and
Subcontracting Fair Practices Act, Public Contract Code Section 4100, et seq..
All claims for materials and labor and other services performed in connection
with the Contract Documents have been paid.
7. Assignment of Rights
7.1 Assignment to City
In entering into this maintenance contract or a subcontract to supply goods,
services, or materials, Contractor or subcontractor offers and agrees to assign
to City all rights, title, and interest in and to all causes of action it may have
under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright
Act (Chapter 2, commencing with Section 16700 of Part 2 of Division 7 of the
Business and Professions Code), arising from purchases of goods, services, or
materials pursuant to the maintenance contract of the subcontract. This
assignment shall be made and become effective at the time City tenders final
payment to Contractor, without further acknowledgement by the parties.
7.2 Agreement to Assign
In submitting a bid to a public purchasing body, the bidder offers and agrees
that if the bid is accepted, it will assign to the purchasing body all rights, title,
and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2,
commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, materials, or services by
the bidder for sale to the purchasing body pursuant to the bid. Such
assignment shall be made and become effective at the time the purchasing
body tenders final payment to the bidder. (Gov. Code § 4552.)
8. Prohibited Interests
11
No official, employee, or agent of City, nor any member of his or her immediate
family, shall have any direct or indirect interest in the contract.
9. Labor Code Requirements
9.1 Travel and Subsistence Payments
In accordance with section 1773.8 of the California Labor Code, Contractor
shall pay travel and subsistence payments to each worker needed to execute
the Work, as such travel and subsistence payments are defined in the
applicable collective bargaining agreement filed in accordance with this
Section.
9.2 State WagelDetermination
In accordance with section 1770 et s_eq± of the California Labor Code,
Contractor shall pay not less than the prevailing rate of per diem wages as
determined by the Director of the California Department of Industrial
Relations. Copies of such prevailing rate of per diem wages are on file at the
office of the Owner, which copies shall be made available to any interested
party on request. Contractor shall post a copy of such determination at each
job site.
In accordance with section 1775 of the California Labor Code, Contractor shall,
as a penalty to City, forfeit $50.00 for each calendar day, or portion thereof,
for each work paid less than the prevailing rates as determined by the Director
for such work or craft in which such workers is employed for any public work
done under the contract by it or by any subcontractor under it.
City and Contractor shall comply with all provisions set forth in section 1775 of
the California Labor Code.
9.3 Payroll Records
In accordance with section 1776 of the California Labor Code, each Contractor
and subcontractor shall keep an accurate payroll record, showing the name,
address. social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per diem wages
paid to each journeyman, apprentice, worker, or other employee employed by
it in connection with maintenance work.
12
Contractor shall inform the body awarding the contract of the location of the
records enumerated under subsection (a) including the street address, city
and county, and shall, within 5 working days, provide a notice of change of
location and address.
9.4 Apprentices
Contractor shall comply with sections 1777.5 et seq. of the California Labor
Code and Title 8, California Administrative Code Section 200 et. seq. To insure
compliance and complete understanding of the law regarding apprentices,
and specifically the required ratio thereunder, Contractor and subcontractor
should, where some question exists, contact the Division of Apprenticeship
Standards prior to commencement of the work. Responsibility for compliance
with this section lies with Contractor. City policy is to encourage the
employment and training of apprentices on its construction contracts as may
be permitted under local apprenticeship standards. These sections require
that contractors and subcontractors shall submit contract award information
to the applicable joint apprenticeship committee, shall employ apprentices in
apprenticeable occupations in a ratio of not less than one hour or apprentice's
work for every five hours of labor performed by a journeyman (unless an
exception is granted in accordance with Section 1777.5). shall contribute to
the fund or funds in each craft or trade or a like amount to the California
Apprenticeship Council, and that contractors and subcontractors shall not
discriminate among otherwise qualified employees as apprentices solely on
the ground of sex, race, religion, creed, national origin, ancestry or color. Only
apprentices as defined in Section 3077, who are in training under
apprenticeship standards and who have written apprentice agreements will
be employed on Recreation and Family Services in apprenticeable
occupations. The responsibility for compliance with these provisions is fixed
with the prime Contractor for all apprenticeable occupations.
9.5 Working Hours
Contractor shall comply with all applicable provisions of section 1810 et seq. of
the California Labor Code relating to working hours. Contractor shall, as a
penalty to City, forfeit $25.00 for each worker employed in the execution of
the Contract by Contractor or by any subcontractor for each calendar day
during which such worker is required or permitted to work more than 8 hours
in any one calendar day and 4o hours in any one calendar week, unless such
13
worker receives compensation for all hours worked in excess of 8 hours at not
less than 1-1/2 times the basic rate of pay.
Withholding for unpaid wages and liquidated damages: City may withhold
from any monies payable on account of work performed by Contractor or
subcontractor, such sums as may administratively by determined to be
necessary to satisfy any liabilities of such Contractor or subcontractor, for
unpaid wages and liquidated damages as provided for in section 15.05 (a)
above.
9.6 Workers Compensation
In accordance with the provisions of section 186o of the California Labor
Code, Contractor's attention is directed to the requirement that in accordance
with the provisions of section 3700 of the California Labor Code, every
contractor will be required to secure the payment of compensation of its
employees.
In accordance with the provisions of section 1861 of the California Labor Code,
each contractor to whom a contract is awarded shall sign and file with the
awarding body the following certification prior to performing the work of the
contract: "I am aware of the provisions of section 370o of the Labor Code
which require every employer to be insured against liability for worker's
compensation or to undertake self-insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract".
10. PRUNING STANDARDS AND SPECIFICATIONS
1. All work shall conform to the attached 1988 Pruning Standards of the Western
Chapter ISA and the American National Standards Institute A300-1995
Standards for Tree Maintenance. In all cases the City's representative shall
have complete and sole discretion in determining conformance and
acceptability of trees trimmed by the Contractor.
2. Contractor shall comply with Standards of CAL OSHA and the American
National Standard Institute, Z133 Safety Requirements.
3. Contractor shall provide and post "No Parking" signs 48 hours in advance of
the work.
4. Contractor shall endeavor to maintain good public relations at all times. The
work shall be conducted in a manner which will cause the least possible
14
interference and annoyance to the public. Work shall be performed by
competent employees and supervised by an experienced, English speaking
supervisor in tree maintenance operations. The Contractor shall be
responsible for advance notification to the residents at each work location of
the intended tree operations. The Contractor shall be responsible to see that
private property and vehicles at work locations are not endangered or
damaged during the course of work.
5. Contractor shall exercise precautions as necessary when working adjacent to
aerial and subterranean utilities. In the event that aerial utility wires present a
hazard to the Contractor's personnel or others near the work site, work is to
immediately cease and the appropriate utility company notified. Work shall
then commence in accordance with instructions from the utility company. In
an event that work causes excavation, the Contractor is responsible for
appropriate notification of Underground Service Alert(USA).
6. No hooks, gaffs, spurs or climbers will be used by anyone employed for such
trimming. Any vine plant growing on the trees shall be removed at ground
level.
7. Final pruning cuts shall be made without leaving stubs. Cuts shall be made in a
manner to promote fast callous growth.
S. Unless otherwise provided, trees are to be trimmed block by block, subject to
the instructions of the Director of Recreation and Family Services or his
authorized representative.
9. Contractor shall maintain at least one (1) Bilingual (English & Spanish)
speaking foreman, on-site, at all times.
10. When trimming fungus, disease or fire blight infected limbs or fronds, all
pruning tools shall be cleaned after each cut with alcohol or bleach.
11. Topping shall not be done without prior approval of the City.
SPECIFICATIONS FOR"STREET TREE TRIMMING"
1. During the initial stage of the contract the contractor shall work closely with the
City Urban Forester to create a tree trimming schedule to complete/trim the
backlog of the tree service requests that are pending. After completion of this
backlog street tree trimming will be performed primarily on a grid/district basis.
Tree trimming may also be required outside the grid/district as needed. The
15
Contractor will be given specific locations for aesthetic trimming in writing by the
Inspector and meet with the Inspector prior to any work being performed.
2. Trees designated for aesthetic trimming shall be trimmed, shaped and thinned.
The trimming shall provide a symmetrical shape and aesthetically pleasing
appearance typical of the species. In addition, trees shall be trimmed to provide a
minimum clearance of fifteen (15) feet over the roadway and nine (g) feet over
walkways. Trees shall also be trimmed to remove any obstruction around traffic
control devices, traffic signs and streetlights. Additional trimming shall be
performed to mitigate any extreme effect of the clearance trimming and provide
an aesthetic appearance.
3. The specific techniques employed shall be consistent with industry practice for
the size and species of tree being trimmed. All dead, broken, damaged, diseased
or insect infested limbs shall be removed at the trunk or main branch. All cuts
shall be made sufficiently close, 1/2 inch , to parent stem so that healing can
readily start under normal conditions. All limbs 2" or greater shall be undercut to
prevent splitting. The remaining limbs and branches shall not be split or broken
at the cut. All crossed or rubbing limbs shall be removed unless removal will
result in large gaps in the general outline of the tree. All trees shall be thinned of
smaller limbs to distribute the foliage evenly.
SPECIFICATIONS FOR PALM TREE TRIMMING
1. Standard trim; remove all dead and live fronds so that the remaining healthy
fronds are existing at an upward 30 degree angle in relation to a horizontal plane
at the head of the palm tree.
SPECIFICATIONS FOR "TREE REMOVAL"
1. The trees to be removed will be marked by the City Inspector with an orange
band of paint around the tree. Only those trees so marked shall be removed by
the Contractor.
2. Trees shall be felled in a manner consistent with industry practice with the
primary emphasis on the safety of the public and the protection of adjacent
property.
16
3. Stumps shall be ground to a minimum of twelve(12")inches below the level of
the adjacent ground. Holes shall be filled with resulting mulch and raked level
with the adjacent ground. All wood, debris and excess mulch shall be removed
and the surrounding area shall be raked and/or swept clean. NOTE: If stump
grinding does not follow within the same work day as removal,the tree trunk
shall be left at five(5')feet above grade or a safety barricade shall be placed and
maintained over the stump until the stump grinding is complete.
4. The Contractor shall be responsible for contacting Underground Service Alert
(USA)1-80o-4n-4133 for the locating of underground utilities prior to stumping
operations.
SPECIFICATIONS FOR"PLANTING"
Planting trees,including staking and installing ties,trunk guards,root barriers,to maximize
tree health and survival. Provide trees and all materials and labor necessary for a complete
and proper installation.
SPECIFICATIONS FOR"EMERGENCY ON CALL WORK"
1. The Contractor shall be required to provide emergency / on call response to
hanging limbs, wind damaged or down trees. This may be at night or during
storm conditions. The Contractor will be given specific locations and the work to
be done at each location via telephone call from a City authorized representative.
The Contractor shall be required to start the work indicated within one hundred
twenty (120) minutes of the initial telephone call and report back to the City
Representative upon completion of the work specified.
2. The Contractor is required to provide 24-hour emergency phone numbers and
names of a minimum of two(2)contact individuals within two weeks of award of
contract. Should the phone number or contact person change during the course
of the contract those changes must be provided to the City.
3. The Contractor shall be required to provide all traffic control required during his
emergency operations. Should the work involve any high voltage lines the
Contractor shall be required to notify the responsible utility company.
4. Work performed under the emergency provision of this contract shall be paid for
on a per crew hour basis. This shall include all labor,tools,equipment,disposal
fees,and materials necessary for doing the emergency work.
17
SCHEDULE OF WORK AND HOURS OF OPERATION
�. Contractor will be required to commence work within thirty (3o) working days of
award of contract. The Contractor shall, prior to commencing work, submit and
gain approval of a weekly work schedule indicating the order and location of
work.
2. The general hours of operations shall be 9:0o a.m. to 3:oo p.m. on major streets
and 7:oo a.m. to 5:oo p.m. on residential streets with respect to any chipping,
cutting, or other operations generating harsh or unusual noise. The days of
operations shall be Monday through Friday. No work shall be performed on
Saturday or Sunday unless authorized.by the City.
3. In addition, the Contractor, field lead man or foreman shall meet with the City's
representative weekly or bi-weekly at the Corporation Yard office, with the City
Urban Forester/Inspector for the purpose of reviewing the week's work, receiving
special instructions, and to discuss any problems encountered on the job.
CLEAN UP
1. Contractor shall clean all job sites when work is completed, including the raking of
leaves, twigs, etc.from the lawns and parkways and the sweeping of streets.
2. Each day's scheduled work shall be completed and cleaned up and under no
circumstances shall any brush, leaves, debris or equipment be left on the street
overnight. Contractor's equipment may be stored overnight, with advance
approval, in the City yards; however the City will not be responsible for security of
Contractor's equipment.
3. Brush and debris shall be removed daily, sidewalks swept, lawns and parkways
raked out and gutters cleaned.
4. The Director of Recreation and Family Services or his authorized representative,
shall be the sole judge as to the adequacy of the clean up.
EXAMINATIONOF SITE WORK
This signed agreement will be considered prima fade evidence that the Contractor has
carefully examined the site of work, the proposal and this agreement, and is satisfied as to
the conditions to be encountered, as to the character, quality and quantities of work to be
performed and as to the requirements of this agreement.
18
DISPOSAL OF MATERIALS
All tree branches produced as a result of the Contractor's operations under this contract will
be reduced, reused, recycled, and/or transformed. Included in the about its tree population,
including the description of each tree by species, height, diameter, work history, and tree
and planting site location. The tree inventory software program shall be a Microsoft Access
database program, which can be incorporated into the City's maintenance management
tracking program. The program shall have the capability to produce detailed listings of tree
and site information, work histories, service requests, summary reports and pictures of City
tree species. The tree inventory program must allow for batch update of work histories by
diskette. Each invoice must be accompanied by a diskette containing all work history
information for that billing period. The Contractor shall provide complete computer and
software support to the City for the entire term of the contract.
TREE INVENTORY UPDATE AND BILLING
Billing is to be by address and shall include tree species, caliper, variety, botanical and
common name, work date, condition and appropriate data requested by the City. The
software used for invoicing shall be a Microsoft Access database program, which can be
incorporated into the City's maintenance management tracking program.
TREE MASTER PLAN
The Contractor will develop and provide a complete master plan of all trees living with the
City of Azusa. The plan will include a complete inventory of all the City's street trees,
identifying each tree by species, height, diameter, condition, location and recommended
maintenance. Included in the plan shall be 8 %" x ii" color photos of each tree with a brief
description of tree growth, health and maintenance characteristics. The Contractor will also
assist the City's Tree Committee during this process.
REPORTS
The Contractor will produce, at no cost to the City, various reports concerning the City's tree
inventory, maintenance services, planting program and/or tree policies. These reports may
be produce for the City Council and/or various Commissions. The frequency of reports may
be annually, semi-annually or quarterly.
SAFETY
1. Contractor shall conform to all City of Traffic Safety requirements and operating rules
at all times while this contract is in effect. The City will provide the Contractor with a
Work Area Traffic Control Handbook (WATCH Manual) which will be used as
reference.
19
2. Contractor will be responsible for supplying and using all safety equipment
necessary to close or delineate traffic lanes to through traffic. This is to include a
high visibility Arrow Board/s as necessary. The City, prior to use, must approve all
traffic safety equipment for use.
3. Illuminated arrow boards, sign stands, delineators and/or cones shall be used to
identify work site for vehicular and pedestrian safety.
COM M UN ITY PARTN ERSH I P PROGRAMS
As part of this contract, the Contractor will provide additional services as part of "Giving
Back" to the community and various organizations. The involvement with these groups
would allow the Contractor to become more familiar with community groups, school
leaders, local businesses and residents. In addition, as a resource within the community
the Contractor shall make available extraordinary services to the City of Azusa and/or
Azusa Unified School District including, but not limited to, arboricultural education,
participation in Arbor Day and other City events, and special community projects.
In an effort to promote career opportunities within the community, the Contractor shall
also make attempts to hire local residents, and/or students from various school
programs. Such programs include the Summer Youth Employment Program, Job
Training Partnership, and Regional Occupation Program.
Career opportunities also exist in the wood working industry. As part of the green waste
diversion program, the Contractor shall make available an amount of lumber, made from
City trees, to local school wood working programs. This will help students in such trades
as carpentry, furniture making and other various trades.
The City reserves the right to adjust quantities to this contract. The Director of
Recreation and Family Services will determine these adjustments relative to the needs of
the City of Azusa.
20
i
EXHIBIT "B"
COMPENSATION
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Schedule of Compensation
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:
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»i . :�`i..cta.,.. . : KY��«.'::a^� '.:.�:.w.. �: :,5m LTw.:..�zu>x ;.k,.��'
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west Pruning :E: : 41.40
Tr : " tri Each17 19.55
4tOd.r$ItirrO R rioval inch S. 1100 I $ 15.00
5 _ .:Rc' val .. . , . Inch 4,00 4.60
6 PLa �alloh tte l` �t: R _: ARB) Eat :::: 10;00 > 92.00
7 `., with Each :...9. :4:10 : $ : 109.25
8 P1 :: it box utEach 160..00 ::. ' .1$4;00
9 ith,:l . -E44:,-.h : 1 22425
` . 700.00 5 50e
11 tt 46-ir h tri ( Bh 1,$00.00 $ 1g
12pia plant 5-t cn a wJ t R Each 1%0.00 ..$: 12t50. E
1 i .:pl nt. 15 gallon a WO 1 . 8ach 25.00 $ 1;44..,75
la t. - + 1 t c `aEach0.00 Si25
15 .:..Specialty:plant 24-box tree.with Re Each. $ 255.00 29115
Cr Rectal - 1MIA crew Hour. $ 31.67 $ • '.36.40
17 Crew R l - 2 man crew Hour 63.,E S. ..:72 ‘."
18. , Crew-Rental. crew. Hour $ 95AI . S' 109.E
9Erne c Crow 1 Hour $. C 1.60..00
. : r �r ;: . Day, :. ' 299,00
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IP
of
11111
-Azusa
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, PUBLIC WORKS DIRECTOR/ASSISTANT CITY MANAGER
kx-
VIA: .M. DELACH, CITY MANAGER
DATE: FEBRUARY 16, 2010
SUBJECT: AWARD OF CONTRACT—POLICE STATION PLUMBING REPLACEMENT
(CIP #'31010B).
RECOMMENDATION
It is recommended that the City Council award a contract to Roberts Plumbing Company of
Azusa, California in the amount of $17,600 for the replacement of multiple valves and water
lines at the Azusa Police Station(CIP #3101 OB).
BACKGROUND
The Police Station basement has been experiencing constant leaks throughout recent years. The
leaks originate from pin holes in the hot water lines. The pin holes are located throughout the
building. The cause of the failed water lines is attributed to galvanic metal corrosion and a high
pressure, hot water recirculation system (provides instant hot water). To resolve this problem,the
project consists of replacing approximately 400' of water piping lines with higher grade copper,
replacement of multiple valves, reducing pressure of hot water circulation and installation of
proper dielectric fittings to prevent further corrosion.
The following bids were received:
Roberts Plumbing (Azusa) $ 17,600
Pipe Pros Plumbing (Covina) $ 24,000
Heavy Duty Plumbing Company (El Monte) $ 50,834
Roberts Plumbing has provided outstanding service on previous city projects; staff has
determined the company is qualified to complete the project. Contractor will coordinate with
staff to ensure interferences with Police Department operations are minimized.
FISCAL IMPACT
The 2009/10 Capital Improvement Plan budgeted $12,000 for this project (CIP #3101 OB) out of
the Public Works Endowment Fund (account # 49-80-000-000-7125). To allow a 10%
contingency for potential change orders, the purchase order will be in the amount of$19,360. In
order to cover the cost of the project, it will be necessary to process a budget amendment in the
amount of$7,360 from the Public Works Endowment Fund.
7
WS
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�" ad�. ,. .._.., ,1.. ..,........,..., .,...__.,3...�.,_..,_.......� ,.�.....a... ram.....,. .�._..,.....,,,..,.,..,...��.. .._.�..�.. .... "tC% FLC� E: ..,.�..._.
CONSENT CALENDAR
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TITO HAES, ASSISTANT CITY MANAGER/PUBLIC WORKS DIRECTOR
VIA: M. DELACH, CITY MANAGER
DATE: FEBRUARY 16, 2010
SUBJECT: CIP 661101; AZUSA SCHOOLS TLC PROGRAM: AUTHORIZATION TO
ENTER INTO A PROFESSIONAL SERVICES AGREEMENT —
TOPOGRAPHIC SURVEY AND MAPPING SERVICES FOR CERRITOS
AVENUE BETWEEN FOOTHILL BOULEVARD AND HOLLYVALE
STREET AND FIFTH STREET BETWEEN ROCKVALE AND 300' WEST OF
CERRITOS AVENUE.
RECOMMENDATION
It is recommended that the City Council authorize staff to enter into a professional services
agreement with Rick Engineering Company for a not to exceed fee of $11,489 to provide
topographic survey and mapping services for Cerritos Avenue between Foothill Boulevard and
Hollyvale Street and Fifth Street between Rockvale and 300' west of Cerritos Avenue to support
design of the contract documents for CIP #66110I; Azusa Schools TLC
BACKGROUND
The Federal Safe Routes to School (SRTS) program awarded $46 million in projects for Cycle 2.
The Public Works Department applied for grant funds and will receive $102,720 of Federal Safe
Routes to School (SRTS) funds. The project for the grant application was entitled "Azusa
Schools TLC Program." A portion of the referenced project is the street segment of Cerritos
Avenue and the intersection of Cerritos Avenue and Fifth Street where street and ADA
improvements are proposed. Public Works met with the Azusa Unified School District staff to
review the design and formulate improvements. Improvements shall include; narrowing the east
side of Cerritos Avenue to restrict areas of double parking and student drop offs, construct new
ADA ramps, re-stripe the intersection and potentially construct a median with a short fence that
will preclude pedestrians from crossing the street at the mid-block. The preliminary schedule is
for construction during the summer of 2010. However, because we have to work with Caltrans,
there may be some delays that could push construction to a later date.
The Public Works Department requires topographic survey and mapping services to support
design to prepare contract documents for the improvements of Cerritos Avenue and the
intersection of Cerritos Avenue and Fifth Street.
On December 21, 2009, City Council authorized staff to solicit proposals for this topographic
survey and mapping services and to amend the FY 2009/10 Capital Improvement Plan to include
the Project as CIP #6614 01, Azusa Schools TLC Program. The bid opening was conducted on
January 25, 2010. Staff received 2 proposals from qualified firms:
Rick Engineering Co. $10,445
MVE Civil Solutions $19,700
After an evaluation by the engineering staff, Rick Engineering Company is recommended to
perform the requested services.
FISCAL IMPACT
The professional services agreement will be for a not to exceed fee of$11,489 which includes
10% for potential change orders. Funds for the topographic survey and mapping services are
available from Fund 12, Gas Tax.
40E. eroF
JOINT CITY/AGENCY AGENDA ITEM
TO: HONORABLE MAYOR/CHAIRMAN AND COUNCIL/AGENCY MEMBERS
/c-
FROM: KURT E. CHRISTIANSEN,ECONOMIC AND COMMUNITY DEVELOPMENT
DIRECTOR
VIA: .1
Cat,
CITY MANAGER/EXECUTIVE DIRECTOR
DATE: FEBRUARY 16, 2010.
SUBJECT: LOAN AGREEMENT AND BUDGET AMENDMENT FOR SUPPLEMENTAL
EDUCATIONAL REVENUE AUGMENTATION FUND (SERAF)PAYMENT
RECOMMENDATION
it is recommended that the City Council/Agency Members 1) adopt the resolutions approving the
agreement with the City to loan funds to the Agency to pay the Supplemental Education Revenue
Augmentation Fund (SERAF) obligation; 2) adopt the resolutions approving the budget
amendment of$2,491,858; and 3) authorize execution of the necessary documents by the City
Manager/Executive Director.
EXECUTIVE SUMMARY
The State of California adopted their budget, which included a SERAF payment from every
redevelopment agency in the state. For FY 2009/10, the Redevelopment Agency of the City of
Azusa is obligatedto pay $2,491,858 to Los Angeles County for deposit into the SERAF Fund
by May 10, 2010. Staff requests that the City loan. the Agency the funds necessary to pay the
County.
BACKGROUND
In 2009, the State of California adopted Budget Trailer Bill AB 26 4x. This billrequires
redevelopment agencies to make a SER.AF payment to help address the state budget shortfall.
Prior to May 10, 2010,. each redevelopment agency in the State of California will be requiredto
remit its share of a cumulative contribution totaling $1.7 Billion, to its county SER.AF. Each
agency's contribution is predicated on a formulaic calculation based on FY 2006/07 net and
gross tax increment shares determined by the California State Department of Finance. For
Azusa's Redevelopment Agency, this equates to a payment of $2,491,858. Although the
California Redevelopment Association has filed a lawsuit on behalf of all California
redevelopment agencies and a final judgment is expected in April 2010, the Agency must still.
comply with legal requirements. One of those requirements is that by March 1, 2010, the
legislative body is required to notify the county auditor as to how the Agency intends to fund its
SERAF payment.
The SERAF payment can be made from any funds available to the Agency. Because the
Agency's funds are encumbered for its various ongoing projects and debt service obligations, it
is recommended that the City Council/Agency Board approve a Loan Agreement, attached
herein, to loan the necessary funds to the Agency to pay its SERAF obligation. The total loan of
$2,491,858 will be apportioned to the Merged and Ranch Center Projects in the amounts of
$2,450,602 and $41,256, respectively, and will accrue interest at 6% per annum until repaid.
Although the term of the loan is one year, this term may be extended by mutual consent of both
parties.
FISCAL IMPACT
This financial obligation was not budgeted in the FY 2009/10 budget, and requires City and
Agency appropriation amendments to the budget. A City loan will provide the funds to pay this
Agency obligation.
KC:R:I:I/cs •
Attachments:
1. A Resolution of the Redevelopment Agency of the City of Azusa Requesting a Loan from the
City of Azusa for Purposes of the Merged And Ranch Center Redevelopment Project Areas,with
Attached Loan Agreement Between the Redevelopment Agency and the City of Azusa
2. A Resolution of the City Council of the City of Azusa Authorizing Loans for Purposes of the
Merged and Ranch Center Redevelopment Project Areas
3. A Resolution of the City of Azusa Approving Appropriation Amendments for Fiscal
Year 2009/10 Pursuant to Section 2-450 of the Azusa Municipal Code
4. A Resolution of the Redevelopment Agency of the City Of Azusa Approving
Appropriation Amendments for Fiscal.Year 2009/10 Pursuant to Section 2-450 of the
Azusa.Municipal Code
RESOLUTION NO.
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA REQUESTING A LOAN
FROM THE CITY OF AZUSA FOR PURPOSES OF THE MERGED AND RANCH CENTER REDEVELOPMENT
PROJECT AREAS
WHEREAS,pursuant to California Community Redevelopment Law(Health and Safety Code Section 33000,et seq.)
("CRL"), the Redevelopment Agency of the City of Azusa ("Agency") is engaged in activities necessary to implement the
redevelopment plans("Redevelopment Plans")for the Merged and Ranch Center Project Areas("Project Areas"); and
WHEREAS, the State legislature passed AB 26 4x, as amended by Senate Bill 68, as a budget balancing measure,
which requires redevelopment agencies statewide to make payments totaling $1,700,000,000 to county Supplemental
Educational Revenue Augmentation Funds("SERAF")during Fiscal Year 2009-10; and
WHEREAS,by March 1,2010,the legislative body,City Council,has to report to the County Auditor how the Agency
intends to fund the required SERAF payment for Fiscal Year 2009-10; and
WHEREAS,because the Agency has insufficient funds to make the SERAF payment out of Agency funds,the Agency
requests that the City Council determine that the City loan the funds to the Agency to make the 2009-10 SERAF payment;and
WHEREAS,the City of Azusa is authorized,pursuant to Section 33620,et.seq.,of the Health and Safety Code of the
State of California(California Redevelopment Law)to make loans to the Agency for the purposes of defraying said expenses;
and
WHEREAS,the Parties now desire to enter into this Loan Agreement to memorialize the terms and conditions of the
City loan to the Agency for the SERAF payment;
NOW,THEREFORE,BE IT RESOLVED by the Agency Members of the Redevelopment Agency of the City of
Azusa that:
Section 1. Pursuant to the provisions of said Section 33620,et.seq.,of the California State Health and Safety Code,the
Agency Members hereby authorize the Redevelopment Agency of the City of Azusa to request a Loan from the City of Azusa
for purposes of the Merged and Ranch Center Redevelopment Projects.
Section 2. The Agency pledges to accept and administer any funds loaned to it pursuant to this request in accordance
with the provisions of Section 33620, et. seq., of the Health and Safety Code.
Section 3. The Agency requests that authorization for repayment of the loan shall be evidenced by a Loan Agreement
(in the form attached as Exhibit A)of the Agency containing the following terms,in addition to all usual and customary terms:
LOAN INT. BORROW PLEDGED REVENUE
AMOUNT PROJECT RATE TERM FROM SOURCES
$2,491,858 FY 2009/10 SERAF 6.0% 1 Year,unless extended by City of Tax Increment,Other
Payment: mutual consent of both parties' Azusa Available Revenues
Merged Project Area designees
Portion: $2,450,602
Ranch Center Project
Area Portion:
$41,256
The loan listed herein is payable according to the terms of the Note. The Note is payable from accumulated tax increment funds
in excess of those pledged for payment of Agency bonded indebtedness or superior debt,and/or from any other funds available
to the Agency from which such payment may legally be made. The Note may be prepaid at any time without penalty.
Section 4. The Chairperson of the Agency or his/her designee is hereby authorized and directed to execute,on behalf
of the Agency,the Note to the City of Azusa in accordance with the provisions of Section 3 hereof.
Section 5. The Agency Secretary shall certify the adoption of this Resolution.
PASSED AND ADOPTED this day of ,2010.
Chairperson
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of
Azusa at a regular meeting held on the day of , 2010.
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
Secretary
EXHIBIT A
LOAN AGREEMENT
(SERAF Loan)
between
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
a public body, corporate and politic
and
CITY OF AZUSA
a California municipal corporation
[Dated as of February 16, 2010 for reference purposes only.]
ORANGE\EHULL\65o4a.1,as revised_RJJ
THIS LOAN AGREEMENT ("Agreement") is dated as of February 16, 2010, by and between the
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a public body corporate and politic
("Agency"), and the CITY OF AZUSA, a California municipal corporation ("City"). Agency and City
are sometimes referred to in this Agreement individually as "Party"and collectively as "Parties."
RECITALS
This Agreement is entered into with reference to the following recitals of fact ("Recitals") that
Agency and City believe to be true,as of the date each Party executes this Agreement:
A. Pursuant to California Community Redevelopment Law(Health and Safety Code Section
33000, et seq.) ("CRL"), the Agency is engaged in activities necessary to implement the redevelopment
plans("Redevelopment Plans")for the Merged and Ranch Center Project Areas("Project Areas").
B. The State legislature passed AB 26 4x, as amended by Senate Bill 68, as a budget
balancing measure, which requires redevelopment agencies statewide to make payments totaling
$1,700,000,000 to county Supplemental Educational Revenue Augmentation Funds ("SERAF") during
Fiscal Year 2009-10.
C. By March 1,2010,the legislative body, City Council,had to report to the County Auditor
how the Agency intended to fund the required SERAF payment for Fiscal Year 2009-10.
D. Because the Agency has insufficient funds to make the SERAF payment out of Agency
funds, the City Council has determined the City will loan the funds to the Agency to make the 2009-10
SERAF payment.
E. The Parties now desire to enter into this Loan Agreement to memorialize the terms and
conditions of the City loan to the Agency for the SERAF payment.
NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement and
other good and valuable consideration, the receipt and sufficiency of which is acknowledged by Agency
and City,the Parties agree as follows:
ARTICLE 1. EFFECTIVE DATE.
1.1 Effective Date of Agreement. This Agreement is dated February 16, 2010 for reference
purposes only. This Agreement shall not become legally effective or binding until the date on which all
of the following are true("Effective Date"):
1.1.1 Following all legally required notices and hearings,this Agreement is ratified by
the Governing Board of Agency and the City Council of City;
1.1.2 This Agreement is executed by the authorized representative of Agency and
delivered to City; and
1.1.3 This Agreement is executed by the authorized representative of City and
delivered to Agency.
1
ORANGE\EHULL\65o42.1,as revised_RJJ
ARTICLE 2. TERMS REGARDING CITY LOAN TO AGENCY.
2.1 City Loan to Agency; Loan Amount. No later than May 5, 2010, City shall loan to
Agency the sum of TWO MILLION FOUR HUNDRED NINETY-ONE THOUSAND EIGHT
HUNDRED FIFTY-EIGHT DOLLARS AND NO/100 ($2,491,858.00) ("Loan Amount") in immediately
available funds.
2.2 Use of Loan Amount. The Loan Amount shall be used by Agency for the sole purpose
of making the Agency's required SERAF Payment pursuant to AB 26, as amended by SB 68. Of the total
Loan Amount, $2,450,602 is loaned to the Merged Project and $41,256 is loaned to the Ranch Center
Project,each amount representing shares owed by the individual Project Areas.
2.3 Agency Repayment of Loan Amount. Agency agrees to repay the Loan Amount, with
interest, pursuant to the terms and conditions of this Agreement and the Promissory Note attached to this
Agreement as Exhibit A and incorporated into this Agreement by this reference.
ARTICLE 3. GENERAL TERMS.
3.1 Notices and Demands. All notices or other communications required or permitted
between Agency and City under this Agreement shall be in writing, and may be (i) personally delivered,
(ii) sent by United States registered or certified mail, postage prepaid, return receipt requested, (iii) sent
by telecopier, or (iv) sent by nationally recognized overnight courier service (e.g., Federal Express),
addressed to the Parties at the addresses provided in this Section 3.1, subject to the right of either Party to
designate a different address for itself by notice similarly given. Any notice so given by registered or
certified United States mail shall be deemed to have been given on the second(211d)business day after the
same is deposited in the United States mail. Any notice not so given by registered or certified mail, such
as notices delivered by telecopier or courier service (e.g., Federal Express), shall be deemed given upon
receipt of the same by the Party to whom the notice is given.
If to the Agency: Redevelopment Agency of the City of Azusa
213 East Foothill Boulevard
Azusa, California 91702
Attention: Executive Director
If to the City: City of Azusa
213 East Foothill Boulevard
Azusa, California 91702
Attention: City Manager
3.2 Time Is Of The Essence. Time is of the essence in the performance of the Parties'
obligations under this Agreement.
3.3 No Third Party Beneficiaries. This Agreement is expressly declared to be for the sole
benefit of the Parties hereto. No other person or entity not a signatory to this Agreement shall have any
rights or causes of actions against any Party to this Agreement because of that Party's entry into this
Agreement.
3.4 Assignment. City may not assign any of its rights or obligations under this Agreement
without the prior express written consent of Agency, which may be given or withheld in Agency's sole
and absolute discretion.
2
ORANGE\EHULL\65042.1,as revised_RJJ
3.5 Failure to Strictly Enforce Not a Waiver. Failure by any Party to this Agreement to
insist upon the strict performance of any provision of the Agreement or at any one or more times shall not
be deemed to constitute a waiver of that Party's right to insist upon strict performance of that or any other
provision of this Agreement on future occasions. No alleged waiver of any right afforded to any Party
under this Agreement shall be effective unless in writing.
3.6 Attorneys' Fees. In the event that any action or proceeding is commenced by either
Agency or City against the other to interpret or enforce any provision of this Agreement, the prevailing
Party in such action or proceeding shall be entitled to recover from the non-prevailing Party, in addition to
all other relief to which the prevailing Party may be entitled, the prevailing Party's reasonable attorneys'
fees and litigation costs, as established by a court of law. Recoverable costs and fees shall include those
incurred on appeal and in the enforcement of any judgment.
3.7 Amendments and Modifications, This Agreement may be amended only by a written
document, duly subscribed by the Parties hereto.
3.8 Counterparts. This Agreement may be executed in two (2) counterpart originals, each
of which shall be deemed to be an original, but, when taken together, shall constitute one and the same
instrument.
[Signatures on Following Pages]
3
ORANGE\EHULL\65o42.i,as revised_RJJ
SIGNATURE PAGE
TO
LOAN AGREEMENT
AGENCY:
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
a public body, corporate and politic
By:
F.M. Delach
Executive Director
Date:
ATTEST:
By:
Agency Secretary
Redevelopment Agency of the City of Azusa
APPROVED AS TO LEGAL FORM:
BEST BEST&KRIEGER LLP
By:
Agency Counsel .
Redevelopment Agency of the City of Azusa
4
ORANGE\EHULL\65042.1,as revised_RJJ
SIGNATURE PAGE
TO
LOAN AGREEMENT
CITY:
CITY OF AZUSA
a California municipal corporation
By:
F.M. Delach
City Manager
Dated:
ATTEST:
By:
City Clerk
City of Azusa
APPROVED AS TO LEGAL FORM:
By:
City Attorney
City of Azusa
5
ORANGE\EHULL\65o42.1,as revised_RJJ
EXHIBIT A
TO
LOAN AGREEMENT
Promissory Note
[Attached Behind This Page]
ORANGE\EHULL\65042.1,as revised_RJJ
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
MERGED AND RANCH CENTER PROJECT AREAS
UNSECURED PROMISSORY NOTE
, 2010
FOR VALUE RECEIVED, this Unsecured Promissory Note is dated as of , 2010
("Promissory Note") and evidences an indebtedness of the Redevelopment Agency of the City of Azusa,a
public body, corporate and politic ("Maker"), to the City of Azusa, a California municipal corporation
("Holder"). For value received, Maker hereby promises to pay to the order of Holder, at such address as
Holder shall designate, the Loan Amount (as defined in the Agreement), with interest, in accordance with
the terms of this Promissory Note.
1. Loan Agreement. The rights and obligations of Maker and Holder under this
Promissory Note are made with respect to that certain agreement entitled "Loan Agreement" dated
February 16, 2010 by and between Maker and Holder("Agreement"), as approved by Resolution Number
of Maker, dated , 2010 and Resolution Number of Holder, dated
, 2010. The terms and provisions of the Agreement are incorporated into this Promissory
Note by this reference. All initially capitalized terms used but not otherwise defined in this Promissory
Note shall have the meaning ascribed to them in the Loan Agreement.
2. Unsecured Obligation. The Maker's obligations under this Promissory Note are not
secured by any instrument encumbering any property or asset of Maker.
3. Repayment of Promissory Note. Maker shall pay to the order of Holder the Loan
Amount, with interest accruing at a rate of SIX percent (6_0%) per annum beginning on the date of
distribution of funds from the City to the Agency,as follows:
3.1 Maker promises to pay to the order of Holder the Loan Amount, with interest,
one year after the date of distribution of funds from the City to the Agency("Maturity Date"). The entire
unpaid balance of the Loan Amount shall be immediately due and payable upon the Maturity Date, and
Maker shall tender to Holder such amount on or before the Maturity Date, unless extended by mutual
consent of both parties' designees.
3.2 All payments due hereunder are payable in lawful money of the United States in
same day funds. The Loan Amount may be prepaid, in whole or in part, at any time and from time to
time without penalty or premium.
3.3 The entire unpaid balance of the Loan Amount shall be due and payable, prior to
the Maturity Date upon Maker's material breach any of the obligations of this Promissory Note or the
Agreement("Event of Default").
3.4 Maker's obligation to pay the unpaid principal balance of the Loan Amount shall
be limited to the available funds of Maker which are not otherwise encumbered as of the date of this
Promissory Note.
1
ORANGE\EHULL\65042.1,as revised_RJJ
3.5 This Note is a subordinate lien and is payable from tax increment revenues
in excess of those pledged for Agency bonded indebtedness and any other superior debt, and/or
payable from any other resources available to the Agency from which such payment may legally
be made, allocated to and received by the Agency for the Merged and Ranch Center
Redevelopment Project Areas.
4. Assignment. Holder shall have no power to transfer or assign its right to receive
any payment under this Promissory Note, unless Maker has first granted written approval to Holder for
such a proposed assignment, in the Maker's sole and absolute discretion.
5. Severability. The unenforceability or invalidity of any provision or provisions of this
Promissory Note as to any persons or circumstances shall not render that provision or those provisions
unenforceable or invalid as to any other person or circumstances, and all provisions hereof, in all other
respects, shall remain valid and enforceable.
6. Governing Law. The validity, interpretation and performance of this Promissory Note
shall be governed by and construed in accordance with the laws of the State of California, without regard
to conflicts of laws principles.
7. Jurisdiction and Venue. The Holder and the Maker acknowledge and stipulate that the
obligation hereunder was entered into in the County of Los Angeles, California. Any legal action or
proceeding to interpret, enforce, or which in any way arises out of this Promissory Note shall be instituted
and prosecuted in the appropriate court in the County of Los Angeles, California. Holder and Maker
expressly waive, to the maximum legal extent, any legal right either Party may have to have such action
or proceeding transferred to or prosecuted in any other court or jurisdiction.
8. Amendments and Modifications. This Promissory Note may be amended or modified
only in writing signed by the Holder and the Maker.
9. Time of the Essence. Time is of the essence of this Promissory Note.
[Signatures on Following Page]
2
ORANGE\EHULL\65o42.1,as revised_RJJ
SIGNATURE PAGE
TO
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
UNSECURED PROMISSORY NOTE
MAKER:
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA,
a public body, corporate and politic
• By:
F.M. Delach
Executive Director
Date:
ATTEST:
By:
Agency Secretary
Redevelopment Agency of the City of Azusa
APPROVED AS TO LEGAL FORM:
BEST BEST&KRIEGER LLP
By:
Agency Counsel
Redevelopment Agency of the City of Azusa
3
ORANGE\EHULL\65o42.1,as revised_RJJ
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA AUTHORIZING LOANS FOR PURPOSES
OF THE MERGED AND RANCH CENTER REDEVELOPMENT PROJECT AREAS
WHEREAS,pursuant to California Community Redevelopment Law(Health and Safety Code Section 33000,et seq.)
("CRL"), the Redevelopment Agency of the City of Azusa ("Agency") is engaged in activities necessary to implement the
redevelopment plans("Redevelopment Plans") for the Merged and Ranch Center Project Areas("Project Areas"); and
WHEREAS, the State legislature passed AB 26 4x, as amended by Senate Bill 68, as a budget balancing measure,
which requires redevelopment agencies statewide to make payments totaling $1,700,000,000 to county Supplemental
Educational Revenue Augmentation Funds("SERAF")during Fiscal Year 2009-10; and
WHEREAS,by March 1,2010,the legislative body,City Council,has to report to the County Auditor how the Agency
intends to fund the required SERAF payment for Fiscal Year 2009-10; and
WHEREAS,because the Agency has insufficient funds to make the SERAF payment out of Agency funds,the City
Council has determined the City will loan the funds to the Agency to make the 2009-10 SERAF payment; and
WHEREAS,the City of Azusa is authorized,pursuant to Section 33620,et.seq.,of the Health and Safety Code of the
State of California(California Redevelopment Law)to make loans to the Agency for the purposes of defraying said expenses;
and
WHEREAS,the Parties now desire to enter into this Loan Agreement to memorialize the terms and conditions of the
City loan to the Agency for the SERAF payment;
NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Azusa that:
Section 1. Pursuant to the provisions of said Section 33620,et.seq.,of the Health and Safety Code,the City Council
hereby authorizes to the Redevelopment Agency of the City of Azusa the following loan for the Merged and Ranch Center
Redevelopment Projects.
Section 2. The Agency shall accept and administer any funds loaned to it pursuant to this request in accordance with
the provisions of Section 33620, et. seq., of the Health and Safety Code.
Section 3. Such loan shall be evidenced by a Loan Agreement between the City and the Agency containing the
following terms, in addition to all usual and customary terms:
LOAN INT. BORROW PLEDGED REVENUE
AMOUNT PROJECT RATE TERM FROM SOURCES
$2,491,858 FY 2009/10 SERAF 6.0% 1 Year,unless extended by City of Tax Increment, Other
Payment: mutual consent of both Azusa Available Revenues
Merged Project Area parties
Portion: $2,450,602
Ranch Center Project
Area Portion:
$41,256
The loan listed herein is payable according to the terms of the Note. The Note is payable from accumulated tax increment funds
in excess of those pledged for payment of Agency bonded indebtedness or superior debt,and/or from any other funds available
to the Agency from which such payment may legally be made. The Note may be prepaid at any time without penalty.
Section 4. The City Council of the City of Azusa is hereby authorized and directed to accept,on behalf of the Agency,
the Note to the City of Azusa in accordance with the provision of Section 3 hereof.
Section 5. The City Clerk shall certify the adoption of this Resolution.
PASSED AND ADOPTED this day of ,2010.
Mayor
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City of Azusa at a regular meeting thereof,
held on the day of , 2010.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
City Clerk
RESOLUTION NO
A RESOLUTION OF THE CITY OF AZUSA APPROVING APPROPRIATION
AMENDMENTS FOR FISCAL YEAR 2009/10 PURSUANT TO SECTION 2-450 OF THE
AZUSA MUNICIPAL CODE
WHEREAS, on June 1, 2009, the City Council passed Resolution No. 09-C38, adopting the
Budget and approving the appropriations for the City of Azusa for the fiscal year commencing July 1,2009
and ending June 30, 2010; and
WHEREAS, Section 2-450 of the Azusa Municipal Code provides for the amendment of said
Budget, when required for the operation of the City; and
WHEREAS, certain appropriation amendments are, in fact, required as summarized below:
Appropriation Amendment Summary: Appropriation of$2,491,858 to loan funds to the
Redevelopment Agency of the City of Azusa to fund its FY 2009/10 Supplemental
Educational Revenue Augmentation Fund (SERAF) payment obligation.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Azusa does
hereby approve the Budget Amendment and order the same to be recorded in the City's books of account and
henceforth to be a part of said Budget as if adopted with the original thereof.
ADOPTED AND APPROVED this day of , 2010.
Mayor
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City of Azusa at a regular
meeting thereof, held on the day of , 2010.
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
City Clerk
RESOLUTION NO
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR 2009/10 PURSUANT
TO SECTION 2-450 OF THE AZUSA MUNICIPAL CODE
WHEREAS,on June 1,2009,the Agency Members passed Resolution No. 09-R27,adopting
the Budget and approving the appropriations for the Redevelopment Agency of the City of Azusa for the
fiscal year commencing July 1, 2009 and ending June 30, 2010; and
WHEREAS,Section 2-450 of the Azusa Municipal Code provides for the amendment of said
Budget, when required for the operation of the Agency; and
WHEREAS, certain appropriation amendments are, in fact, required as summarized below:
Appropriation Amendment Summary: Appropriation of $2,491,858 to fund the
Supplemental Educational Revenue Augmentation Fund (SERAF) payment obligation
using a loan from the City,of which$2,450,602 is an appropriation of the Merged Project
debt service fund and$41,256 is an appropriation of the Ranch Center debt service fund.
NOW THEREFORE BE IT RESOLVED that the Agency Members of the Redevelopment
Agency of the City of Azusa do hereby approve the Budget Amendment and order the same to be recorded in
the Agency's books of account and henceforth to be a part of said Budget as if adopted with the original
thereof.
ADOPTED AND APPROVED this day of , 2010.
CHAIRMAN
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Agency
Members of the Redevelopment Agency of the City of Azusa at a regular meeting thereof on the
day of , 2010, by the following vote of Agency Members:
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
SECRETARY
/A
170, ivaltv, ;;AA 14,1
us
AGENCY AGENDA ITEM
TO: HONORABLE CHAIRPERSON AND AGENCY BOARD
FROM: KURT CHRISTIANSEN, DIRECTOR OF ECONOMIC AND COMMUNITY
DEVELOPMENT
F
VIA: . DELACH, EXECUTIVE DIRECTOR
DATE: FEBRUARY 16, 2010
SUBJECT: FINANCING ACTIVITIES OUTSIDE OF THE MERGED PROJECT AREA
RECOMMENDATION
It is recommended that the Members of the Agency Board adopt the attached resolution
authorizing financing activities outside of the Merged Project Area and making certain findings
as to the benefit of these activities to the Redevelopment Project.
BACKGROUND
In June 2008, the Redevelopment Agency adopted the 2008 Merged Project Plan Amendment,
which added the Shopping Center located at 308-324 South Azusa Avenue (the "Center") to the
Merged Project Area. The Center, which includes In-N-Out Burger as well as other small
businesses, was added to the Plan due to blighting conditions including deficient parking,
irregular-shaped parcels, and inadequate access to the site. Staff desires to begin preliminary
planning activities to explore possible expansion of the Center to the adjacent properties located
at 100± East Azusa Lane and 238 and 242 South Azusa Avenue (the "Expansion Site"), in order
to relieve some of the Center's traffic congestion. These properties are located outside of the
Merged Project Area, but directly adjacent to the Center. In order to finance activities outside of
a Project Area, California Redevelopment Law ("CRL") requires that a finding of benefit to the
Project Area is made.
BENEFIT FINDING
The Expansion Site is directly north of and adjacent to the boundaries of the Merged
Redevelopment Project Area and the Center. Since the Expansion Site is not technically in the
Merged Redevelopment Project Area, the necessary specific finding of benefit as required by
CRL is incorporated in the attached Resolution. The Expansion Site, although located outside the
Project Area, will be of benefit to the Project and the Project Area because it is adjacent to the
1
Project and the Project Area and the potential expansion of the Center may result in improved
aesthetic appearance and elimination of blighting influences immediately adjacent to the
Shopping Center Expansion Project and the Project Area. The Project will assist in bringing
customers to the area, create a more vibrant retail/commercial environment, and address
deteriorating influences within the Project Area.
FISCAL IMPACT
Funds have been budgeted in the FY 2009/10 budget for miscellaneous preliminary planning
project expenses.
Attachments:
1. Resolution
2
RESOLUTION NO.
A RESOLUTION OF THE GOVERNING BOARD OF THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA,
CALIFORNIA, AUTHORIZING FINANCING ACTIVITIES
OUTSIDE OF THE MERGED PROJECT AREA
WHEREAS, pursuant to the California Community Redevelopment Law (Health &
Safety Code Section 33000, et seq.) ("CRL"), the City Council of the City of Azusa ("City")
("City Council") approved and adopted a Redevelopment Plan ("Redevelopment Plan") for the
Merged Redevelopment Project Area("Project Area"); and
WHEREAS, the Governing Board ("Board") of the Redevelopment Agency of the City
of Azusa ("Agency") is engaged in activities to implement the Redevelopment Plan for the
Project Area pursuant to the provisions of the CRL; and
WHEREAS, the Agency wishes to assist the analysis of a potential expansion of the
Shopping Center located within the Project Area at 308-324 South Azusa Avenue (the
"Project"); and
•
WHEREAS, the Agency intends to finance preliminary planning and administrative
activities outside of the Project Area relating to the potential Project; and
WHEREAS, the properties located at 100± East Azusa Lane and 238 and 242 South
Azusa Avenue (APN 8613-026-005, -006, and -017) comprise the site of possible expansion
("Expansion Site") and are located outside of the Project Area, but immediately adjacent to the
Project Area and immediately adjacent to the Project, which is located within the Project Area;
and
WHEREAS, the Agency has determined that the establishment and operation of the
Project is a"project" subject to the California Environmental Quality Act ("CEQA"); and
WHEREAS, the Agency, as the lead agency, determines that the Project is categorically
exempt from further CEQA review pursuant to State CEQA Guidelines Sections 15301 because
the Project involves a negligible or no addition to existing structures.
NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the
Redevelopment Agency of the City of Azusa as follows:
Section 1. The Board hereby approves financing preliminary planning and
administrative activities associated with the Project. This action does not approve of the
expansion or modification of the Project site or the Expansion Site.
Section 2. The Board finds that the Expansion Site, although located outside the
Project Area, will be of benefit to the Project and the Project Area because it is adjacent to the
Project and the Project Area and will improve the aesthetic appearance and eliminate a blighting
influence immediately adjacent to the Shopping Center Expansion Project and the Project Area.
The Project will assist in bringing customers to the area, create a more vibrant retail/commercial
environment, and address deteriorating influences within the Project Area.
Section 3. The Board hereby authorizes and directs the Executive Director, the
Agency Attorney and Agency staff to take action and execute any documents necessary to
implement the planning and administrative activities described herein.
Section 4. The Agency determines that the Project is categorically exempt from the
requirements of CEQA pursuant to State CEQA Guidelines Section 15301 and directs Agency
staff to file a Notice of Exemption with the Los Angeles County Clerk's Office within three (3)
days of the adoption of this Resolution.
Section 5. The Agency Secretary shall certify to the passage and adoption of this
resolution and the same shall thereupon take effect and be in force immediately upon its
adoption.
APPROVED AND ADOPTED this day of , 2010.
Chairman of the Redevelopment Agency
of the City of Azusa
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Redevelopment Agency of the City of Azusa at a regular meeting held on the day of
, 2010.
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
Secretary
• A
CIS
AGENCY AGENDA ITEM
TO: HONORABLE CHAIRPERSON AND AGENCY BOARD
FROM: KURT CHRISTIANSEN, DIRECTOR OF ECONOMIC & COM. DEVELOPMENT
VIA: F.M. DELACH, EXECUTIVE DIRECTOR
DATE: FEBRUARY 16, 2010
SUBJECT: TERMINATION OF THE SECOND EXCLUSIVE NEGOTIATION AGREEMENT
BY AND BETWEEN THE AGENCY AND LEWIS INVESTMENT COMPANY AND
APPROVING AN ASSIGNMENT AGREEMENT FOR THE ACQUISITION OF THE
O'BRYANT PARCELS (APNs# 8608-027-002 AND 003)
RECOMMENDATION
It is recommended that the Agency Board terminate the Second Exclusive Negotiation Agreement
(`'ENA") by and between the Agency and Lewis Investment Company and approve the Assignment
Agreement between the same parties for the acquisition of the O'Bryant parcels(APNs#8608-027-002
and 003)by the Agency. It is further recommended that the Agency Board approve a resolution to an
appropriation amendment for the acquisition of the O'Bryant property.
BACKGROUND
On February 17, 2009 the Redevelopment Agency of the City of Azusa("Agency") entered into an
Exclusive Negotiation Agreement ("ENA") with Lewis Investment Company, LLC ("Lewis" or
"Developer")for the development of a master planned civic and transit oriented development entitled
"Downtown North."The proposed Downtown North Project is generally bounded by Azusa Avenue on
the west, 9th Street on the north, Dalton Avenue on the east, and the Metropolitan Transit Authority
right-of-way on the south ("Site"). The ENA proposed that the Agency and the Developer negotiate
diligently and in good faith towards the goal of producing a mutually acceptable DDA. The ENA
provided for a term of one hundred and twenty(120)days following the effective date,which could be
extended upon the mutual agreement of the Agency Executive Director and the Developer for two(2)
additional thirty(30)day periods. The Developer fulfilled the requirements in the ENA for extending
the terms and an additional 60 days was granted by the Executive Director on or about June 18,2009.
Therefore, the Original Agreement expired.on August 16, 2009.
•
The ENA also provided that, following the initial 120-day period and the two 30-day extensions,the
Developer may receive an additional 60-day extension if certain other milestones were reached.
However, such an extension could onlx be granted by the Agency Board.
On September 8,2009,the Agency Board approved the First Amendment to the ENA with Lewis for a
term.of 180 days. The Amendment also authorized the Executive Director to administratively grant up
to two 90-day extensions. The First Amendment was intended to extend the time for performance by
Lewis and provide the Agency with a first right of refusal to acquire certain parcels from Lewis.
Although the Agency approved the First Amendment,the Developer continued to express concerns that
its provisions did not adequately address the risk associated with acquiring control over privately-held
property in the absence of a final DDA.Consequently,the Developer did not execute the approved First
Amendment and the original ENA expired.
Therefore,on December 21,2009,the Agency Board rescinded the First Amendment to the ENA and
entered into the Second ENA with Lewis. Pursuant to the terms of the Second ENA, Lewis was to
provide evidence of a financial commitment from a supermarket for the site by February 26,2010.
On January 21,2010,Lewis informed the City that they would not be able to secure a supermarket for
the site by February 26, 2010. In light of this Lewis and Agency have determined it is appropriate to
terminate the ENA.
The Second ENA also provided for the Agency acquisition of all properties for which the Developer has
obtained site control if an eventual DDA was not approved within the new timeframe. Due to the
additional time that has been required by Lewis, they now find themselves in a position of having to
close escrow on the O'Bryant Parcels.
Since Lewis does not intend to pursue the Project and the Agency remains interested in development of
the Site,Lewis has offered to assign its rights and obligations under its Purchase and Sale Agreement
("Purchase Contract") for the O'Bryant Parcels to the Agency. To do this,the Agency will enter into
the attached Assignment Agreement with Lewis and will assume all of Lewis' rights and obligations
under that Purchase Contract. In addition,Lewis has previously placed into escrow fifty-two thousand
five hundred dollars ($52,500) as a deposit to be applied toward the purchase price of the O'Bryant
Parcels ("Deposit Amount"). The Agency will, upon assuming Lewis' rights and obligations for the
Purchase Contract pursuant to the Assignment Agreement, reimburse Lewis the Deposit Amount.
Rather than losing the opportunity to acquire the parcel and starting the process over,the Agency and
Lewis have both agreed that the Agency assume the obligation to acquire the O'Bryant Parcel. The
O'Bryants have agreed to the assignment based on a short escrow period and previously negotiated sale
price of$1,130,000.
At this time,staff is not recommending that the Agency acquire any of the other parcels that Lewis had
obtained control over via Purchase Contracts. These other Lewis contracts will simply be allowed to
expire.
FISCAL IMPACT
This financial transaction was not budgeted in the Fiscal Year 2009/2010 budget, and requires an
appropriation Amendment. The new appropriation amount is necessary to fund the acquisition and
other associated costs of S1,150,000 and will be funded from the 2008A Tax Allocation Bond.proceeds.
Attachments:
1. Resolution terminating the ENA and approving the Assignment Agreement
2. Appropriation Resolution
3. Assignment Agreement
RESOLUTION NO.
A RESOLUTION OF THE GOVERNING BOARD OF THE
REDEVELOPMENT AGENCY OF THE CITY OF AZUSA,
CALIFORNIA, APPROVING THE TERMINATION OF
THE SECOND EXCLUSIVE NEGOTIATION AGREEMENT
BETWEEN THE REDEVELOPMENT AGENCY AND
LEWIS INVESTMENT COMPANY AND RATIFYING THE
ASSIGNMENT AGREEMENT BETWEEN THE
REDEVELOPMENT AGENCY AND LEWIS INVESTMENT
COMPANY
WHEREAS, pursuant to the California Community Redevelopment Law (Health &
Safety Code Sections 33000, et seq.) ("CRL"), the City Council of the City of Azusa ("City")
("City Council") approved and adopted a Redevelopment Plan ("Redevelopment Plan") for the
redevelopment Project Area known as the Merged Central Business District and West End
Redevelopment Project Area ("Project Area"); and
WHEREAS, the Governing Board ("Board") of the Redevelopment Agency of the City
of Azusa ("Agency") is engaged in activities to implement the Redevelopment Plan for the
Project Area pursuant to the provisions of the CRL; and
WHEREAS, the Board approved an Exclusive Negotiation Agreement ("Original
Agreement") by and between the Agency and Lewis Development ("Developer") on February
17, 2009;
WHEREAS, the Board approved that certain First Amendment to the Original Agreement
("First Amendment") which was intended to, among other things, extend the time for
performance by Developer and provide Agency with a first right of refusal to acquire certain
parcels from Developer; and
WHEREAS, Developer never executed that First Amendment; and
WHEREAS, on December 21, 2009, the Agency adopted Resolution 09-R65 rescinding
its action of September 8, 2009 approving the First Amendment. The Agency then approved a
Second Exclusive Negotiation Agreement with the Developer to provide Developer with the
opportunity to secure a supermarket tenant for the proposed project; and
WHEREAS, on January 21, 2010, Developer met with representatives of the City and
informed the City they were unable to proceed with the proposed project at this time; and
WHERAS, Developer and Agency agree that it is appropriate to terminate the Second
Exclusive Negotiation Agreement; and
WHEREAS, in furtherance of the proposed project, Developer had committed to the
acquisition of the O'Bryant parcel; and
ORANGE\EHULL\64961.2 1
WHEREAS, the Agency would like to acquire the Developer's interest in the O'Bryant
Parcels.
NOW, THEREFORE, BE IT RESOLVED by the Governing Board of the
Redevelopment Agency of the City of Azusa as follows:
Section 1. The Board hereby approves the termination of the Second Exclusive
Negotiation Agreement and authorizes the Executive Director to take all actions and enter into
any agreements necessary to accomplish this action.
Section 2. The Board hereby ratifies the Assignment Agreement between the Agency
and Developer for the acquisition of the O'Bryant parcel, attached hereto and incorporated herein
by reference, together with non-substantive changes and amendments as may be approved by the
Executive Director and the Agency Attorney.
Section 3. The Board hereby authorizes and directs the Executive Director and the
Agency Attorney to take any action and execute the actions identified herein.
Section 4. The Agency Secretary shall certify to the passage and adoption of this
resolution and the same shall thereupon take effect and be in force immediately upon its
adoption.
APPROVED AND ADOPTED this 16th day of February, 2010.
Chairman of the Redevelopment Agency of the City
of City of Azusa
ATTEST:
Redevelopment Secretary
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
Redevelopment Agency of the City of Azusa at a regular meeting held on the 16th day of
February, 2010.
AYES:
NOES:
ABSTAIN:
ABSENT:
Redevelopment Secretary
ORANGE\EHULL\64961.2 2
RESOLUTION NO
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA
APPROVING APPROPRIATION AMENDMENTS FOR FISCAL YEAR 2009/10 PURSUANT
TO SECTION 2-450 OF THE AZUSA MUNICIPAL CODE
WHEREAS,on June 1,2009,the Agency Members passed Resolution No. 09-R27,adopting
the Budget and approving the appropriations for the Redevelopment Agency of the City of Azusa for the
fiscal year commencing July 1, 2009 and ending June 30, 2010; and
WHEREAS,Section 2-450 of the Azusa Municipal Code provides for the amendment of said
Budget, when required for the operation of the Agency; and
WHEREAS, certain appropriation amendments are, in fact, required as summarized below:
Appropriation Amendment Summary: Appropriation of$1,150,000 to fund acquisition
of the O'Bryant Property(APN#8608-027-002,-003)and associated expenses using non-
taxable bond proceeds from the Redevelopment Merged Project 2008A Tax Allocation
Bonds.
NOW THEREFORE BE IT RESOLVED that the Agency Members of the Redevelopment
Agency of the City of Azusa do hereby approve the Budget Amendment and order the same to be recorded in
the Agency's books of account and henceforth to be a part of said Budget as if adopted with the original
thereof
ADOPTED AND APPROVED this day of , 2010.
CHAIRMAN
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Agency
Members of the Redevelopment Agency of the City of Azusa at a regular meeting thereof on the
day of , 2010, by the following vote of Agency Members:
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
SECRETARY
ASSIGNMENT OF CALIFORNIA RESIDENTIAL PURCHASE
AGREEMENT AND JOINT ESCROW INSTRUCTIONS
This ASSIGNMENT OF CALIFORNIA RESIDENTIAL PURCHASE
AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Assignment") is entered into
by and between LEWIS INVESTMENT COMPANY, LLC, a California limited liability
company ("LIC"), and the REDEVELOPMENT AGENCY OF THE CITY OF AZUSA, a
public body corporate and politic("Agency"),with respect to the following:
RECITALS
A. LIC and STEVEN O'BRYANT, an individual, and BETTY WESTFALL, an
individual (individually and collectively, "Seller") have previously entered into that
certain CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS,dated as of June 10,2009,as amended by Addendum No. 1 dated as
of June 10,2009,and as further amended by Addendum No.2,dated as of January 27,
2010 (collectively, as so amended, the "Agreement"), wherein Seller agreed to sell to
LIC, and LIC agreed to purchase from Seller, certain real property located in Azusa,
California, commonly described as APNs 8608-027-002 and 8608-027-003 and more
accurately described in the Agreement as the"Property."
B. LIC and Seller are parties to Escrow No. NCS-400503 (the "Escrow") at
First American Title Company ("Escrow Holder"), which was opened pursuant to the
Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing Recitals, the mutual
covenants and agreements contained in this Assignment, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
LIC and Agency agree as follows:
1. Assignment. Effective January , 2010 (the "Effective Date"), LIC
hereby grants, assigns,transfers, conveys and delivers to Agency all of LIC's right,title
and interest in and to the Agreement, and the Escrow, including, without limitation, all
rights to all deposits or payments made pursuant to the Agreement, or Escrow, and
Agency hereby accepts such assignment and agrees to perform and to be bound by all
of the terms, covenants, conditions and obligations of LIC under the Agreement and in
connection with the Escrow which arise or occur from and after the Effective Date of this
Assignment.Seller has consented to the assignment by LIC to Agency.
2. Representations and Warranties. LIC represents and warrants to Agency
that: (i)true, correct and complete copies of the Agreement, and all documents signed
by LIC in Escrow, have been delivered to Agency, (ii) the Agreement remains in full
force and effect, (iv) no modifications, amendments, or agreements, other than
ORANGE\EHULLA64819.2
Assignment— O'Bryant Page 2
Addendums 1 and 2, have been made by or between Seller and LIC related to the
Property , (iii) neither LIC nor Seller are in material default under the Agreement; and
(iv) LIC has not made any prior conditional or unconditional assignment or conveyance
of all or any part of its rights or obligations under the Agreement regarding the purchase
of the Property from Seller.
3. Reimbursement of Initial Deposit. Agency acknowledges that LIC has
previously released to Seller a non-refundable deposit of Fifty-two Thousand Five
Hundred Dollars ($52,500) (defined in the Agreement and herein as the "Initial
Deposit"). As consideration for this Assignment, Agency shall pay directly to LIC, in
good funds, an amount equal to the Initial Deposit upon LIC's delivery to and
acceptance of this Assignment to Escrow Holder.
4. Indemnification.
(a) LIC hereby agrees to indemnify, protect, defend (with counsel
chosen by Agency) and hold harmless Agency, Agency's agents and their respective
successors and assigns from and against any and all claims, losses, liabilities and
expenses, including reasonable attorneys' fees, suffered or incurred by Agency by
reason of any breach by LIC, prior to the Effective Date of this Assignment, of any of
LIC's obligations under the Agreement.
(b) Agency hereby agrees to indemnify, protect, defend (with counsel
chosen by LIC) and hold harmless LIC, LIC's agents and their respective successors
and assigns from and against any and all claims, losses, liabilities and expenses,
including reasonable attorneys' fees, suffered or incurred by LIC by reason of any
breach by Agency, on or after the Effective Date of this Assignment, of any of Agency's
obligations under the Subleases.
5. Miscellaneous.
(a) Entire Agreement. This Assignment embodies the entire
understanding between LIC and Agency with respect to its subject matter and can be
changed only by an instrument in writing signed by LIC and Agency.
(b) Cooperation. LIC and Agency shall execute any additional
documents reasonably necessary to effect this Assignment.
(c) Counterparts. This Assignment may be executed in one or more
counterparts, including facsimile counterparts, each of which shall be deemed an
Assignment but all of which, taken together, shall constitute the complete Assignment.
(d) Applicable Law. This Assignment shall be governed by and
construed and enforced in accordance with the laws of the State of California without
regard to conflicts of law principles.
(e) Notices, Demands and Communications Between the Parties. All
notices or other communications required or permitted between the Parties regarding or
ORANGE\EHULL\64819.2
Assignment— O'Bryant Page 3
pursuant to this Assignment shall be in writing, and shall be (i) personally delivered, (ii)
sent by United States registered or certified mail, postage prepaid, return receipt
requested, (iii) sent by facsimile transmission with confirmation of receipt, or (iv) sent by
nationally recognized overnight courier service (e.g., Federal Express or United Parcel
Service), addressed to the Party to whom the notice is given at the addresses provided
below in this Section 5(e), subject to the right of any Party to designate a different
address for itself by notice so given. Any notice given by registered or certified United
States mail shall be deemed to have been given on the third business day after the
same is deposited in the United States mail. Any notice not given by registered or
certified mail, such as notices delivered by personal delivery, facsimile transmission or
courier service, shall be deemed given upon receipt, rejection or refusal of the same by
the Party to whom the notice is given. Rejection or other refusal to accept or the
inability to deliver because of changed address of which no notice was given shall be
deemed to constitute receipt of the notice or other communication sent.
To LIC: Lewis Investment Company
Telephone:
Facsimile:
With copy To:
Telephone: ( )
Facsimile: ( )
To the Agency: Redevelopment Agency of the City of Azusa
213 E. Foothill Blvd.
Azusa, CA 91702
Attention: Fran Delach
Telephone: (626) 812-5238
Facsimile: (626) 334-6358
With copy to: Best Best & Krieger, LLP
5 Park Plaza, Suite 1500
Irvine, CA 92614
Attention: Elizabeth Wagner Hull
IN WITNESS WHEREOF, this Assignment has been executed effective as of the
Effective Date set forth above.
[SIGNATURES FOLLOW]
ORANGEIEHULL\64819.2
Assignment- O'Bryant Page 4
"LIC"
LEWIS INVESTMENT COMPANY, LLC,
a California limited liability company
By: LEWIS OPERATING CORP., a California
corporation - Its Sole Manager
By:
Name: John M. Goodman
Its: Senior VP/CEO/CFO
"Agency"
REDEVELOPMENT AGENCY OF THE CITY OF
AZUSA,
a public body corporate and politic
Date:
By:
Name:
Its:
ATTEST:
By:
Agency Secretary
APPROVED AS TO FORM:
BEST BEST & KRIEGER, LLP
By:
Agency Counsel
ORANGE\EHULL\64819.2
/ 7 4:OA?.
AZUSA
CITY OF AZUSA
MINUTES OF THE REDEVELOPMENT AGENCY
REGULAR MEETING
MONDAY,FEBRUARY 1,2010—8:32 P.M.
The Board of Directors of the Redevelopment Agency of the City of Azusa met in regular session at the
above date and time in the Azusa Auditorium,213 E.Foothill Blvd.,Azusa CA.
Chairman Rocha called the meeting to order. Call to Order
ROLL CALL Roll Call
PRESENT: DIRECTORS: GONZALES,CARRILLO,MACIAS,HANKS,ROCHA
ABSENT: DIRECTORS: NONE
ALSO PRESENT: Also Present
General Counsel Carvalho, Executive Director Delach, Assistant Executive Director Makshanoff,
Department Heads,Secretary Mendoza,Deputy Secretary Toscano.
The CONSENT CALENDAR consisting of items F-1 through F-3, was approved by motion of Consent Cal.
Director Gonzales,seconded by Director Hanks and unanimously carried. Director Hanks abstained from Approved
the minutes as he was absent from that meeting.
1. Minutes of the regular meeting of January 19 2010, were approved as written. Director Hanks Min appvd
abstained.
2. The Agency Treasurer's Report as of December 31,2009,was received and filed. Treas Rpt
3. Resolution authorizing payment of warrants by the Agency was adopted and entitled:
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA Res.No. 10-R6
ALLOWING CERTAIN CLAIMS AND DEMANDS TO BE PAID OUT OF REDEVELOPMENT Warrants
AGENCY FUNDS.
SPECIAL CALL ITEMS Spec Call Items
None. None
It was consensus of the Redevelopment Agency Board Members to adjourn. Adjourn
TIME OF ADJOURNMENT:8:33 P.M.
SECRETARY
NEXT RESOLUTION NO. 10-R7.
WARRANT REGISTER NO. 14
FISCAL YEAR 2009-10
WARRANTS DATED 01/16/10 THROUGH 01/31/10
FOR REDEVELOPMENT AGENCY MEETING OF 02-16-10
RESOLUTION NO. 601111A 4
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF AZUSA ALLOWING CERTAIN CLAIMS AND DEMANDS
TO BE PAID OUT OF REDEVELOPMENT AGENCY FUNDS
THE REDEVELOPMENT AGENCY OF THE CITY OF AZUSA DOES RESOLVE AS
FOLLOWS:
SECTION 1. That the following claims and demands have been audited as required by law and that
the same are hereby allowed in the amounts and ordered paid out of the Redevelopment Agency Funds as
hereinafter set forth:
80-110-REDEVELOPMENT ADMINISTRATION FUND $ 23,410.24
80-125-CBD CAPITAL PROJECTS FUND 68,121.93
80-135-WED CAPITAL PROJECTS FUND
80-185-RANCH CAPITAL PROJECTS FUND
80-165-624-2008A TAX ALLOCATION BONDS 106.35
81-155-TAX INCREMENT SET-ASIDE FUND 3,243.78
82-125-CBD DEBT SERVICE FUND
82-135-WED DEBT SERVICE FUND
82-165-MERGED PROJECT TAX ALLOCATION BONDS 1,557,963.71
82-185-RANCH CENTER DEBT SERVICE FUND
TOTAL ALL FUNDS: $1,652,846.01
SECTION 2. That the Secretary shall certify to the adoption of this resolution and shall deliver a
certified copy thereof to the Agency Treasurer and shall retain a certified copy thereof in his own records.
ADOPTED AND APPROVED THIS DAY OF 2010.
Chairman
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the
City of Azusa at a regular meeting thereof,held on the day of 2010.
AYES: AGENCY MEMBERS:
NOES: AGENCY MEMBERS:
ABSTAIN: AGENCY MEMBERS:
ABSENT: AGENCY MEMBERS:
Secretary
City of P�tsa HP 9000 02/11/10 OPEN HOLD DB LISTING By 1/Entity Name Page 1
1FU r�3 11, 2010, 11:14 PM ---req: ROSE leg: (-7, JL---lcc: BI-TD I---job: 722416 ##J2662---pgn: CH 00 <1.34> rpt id: OHHFLUR202
SELFX.T FUND Ceres: 80-82 ; Check Issue Rtes: 011610-013110
PE ID PE Nacre _ AUNUMBER MBER / JOB NU BERDisc. Ant
Invoice Number Description St . Dist. Ant.
V05613 A T & T 8010110000-6915 6263345464122409 0517751058001/62 a) 0.00 6.40
PEmd: 0.00
aid 6.40
Ttta1 : 6.40
V09095 AEI CCNSULTANIS 8010125000-6399/505800-6399 0202088346 PH1 ENVIRON/622 PD 0.00 1,900.00
PHID Urid: 0.00
PPaaiid: 1,900.00
Total: 1,900.00
V00363 AZUSA C1=N1RFR OF 8010110000-6630 1019 FY 09/10 AZUSA C YD 0.00 3,000.00
PEID Lh id: 0.00
Paid: 3,000.00
Total: 3,000.00
V01305 AZUSA CITY FED C 8000000000-3035 2610/1001002 PY#2/10 PD 0.00 286.25
PEII) Unpaid: 0.00
d: 286.25
Total: 286.25
V07432 PARR & CLARK INC 8110155000-7110/505320-7110 20076 ACM/LBP CLANC PD 0.00 250.00
V07432 PARR & CLARK INC 8110155000-7110/505320-7110 20078 ACM/TRP CLFARANC FE
0.00 250.00
V07432 BARR & CLARK INC 8110155000-7110/505320-7110 20077 2C1VI/LBP CLQ YD 0.00 250.00
PEiDd: 0.00
aid: 750.00
Total: 750.00
V05804 BEST BEST & KRIE 8010125000-6301/505900-6301 618727 11/09 TGT,-FOWLER PD 0.00 20,476.88
PHil Unpaid: 0.00
Paid: 20,476.88
Total: 20,476.88
V12168 B]KIII\ICLMPANY 8010125000-6340 SF000016973 RETAIL MELT STUDY RD 0.00 20,000.00
V12168 BCIKICN COMPANY 8010125000-6340 SF000017273 RETAIL MKT STUDY PD 0.00 20,000.00
PHlD Unpaid: 0.00
City of AzusaHP 9000 02/11/10 OPEN HOLD DB LISTING By Person/Entity Narre Page 2
FEB 11, 2010, 11:14 PM req: R SE leg: GL JL---loc: BI-TDCH---job: 722416 #J2662---pgm: OH400 <1.34> rpt id: OHFLTR02
SELECT FUND Godes: 80-82 ; Check Issue Dates: 011610-013110
PE ID PE Nacre ACCT NCMBE R / JOB UMBER.. Invoice Number Inscription St Disc. Alt. Dist. An 9_..
Paid: 40,000.00
Total : 40,000.00
V06783 CTI1SIREET 8000000000-3010 2315/1001002 PY#2/10 PD 0.00 124.71
PEID Ud: 0.00
Paid: 124.71
Total: 124.71
V11556 DELTA DENIAL 8000000000-3052 011910 PPO PREM/5851000 PD 0.00 415.41
PEIDd: 0.00
d: 415.41
Total: 415.41
V11555 DELTACARE USA 8000000000-3052 3356710 HMO PREM/0201200 PD 0.00 45.21
PH,I D held: 0.00
PPaaiid: 45.21
Total: 45.21
V08010 LUKE'S LANLISCAPI 8010125000-6815 5050 PROPERTY VA= S PD 0.00 1,520.00
PEID I) Urid: 0.00
PPaaiid: 1,520.00
Total: 1,520.00
V00331 FEEERAL EXPRESS 8010125000-6815 946719954 117052788/C.'IHAM PD 0.00 16.37
V00331 FEDERAL EXPRESS 8010110000-6521 939842830 11705278-8/S.DIE PD 0.00 13.30
V00331 FEDERAL FXFRESS 8010110000-6521 945953617 11705278-8/SIATE PD 0.00 39.34
ID ".2f1 0.00
PPaa�id: 69.01
Total: 69.01
V05574 IRCIv M NT IN RE 8010110000-6493 RV3817E V3825 B V3817-BT3825 PD 0.00 113.18
PBID t aid: 0.00
Paid: 113.18
Total: 113.18
V10903 KV BLUEPRINT INC 8010165624-7145/66110F-7145 701521 INV#701521/TRT PD 0.00 106.35
City of Azusa HP 9000 02/11/10 OPEN HOLD D B LISTING By Pelson/Entity Narre Page 3
THU, FEB 11, 2010, 11:14 AM ---req: FSE leg: GL JL---lcc: BI-TSI---job: 722416 #72662---pgm: CH400 <1.34> rpt id: OHFLIR02
SST FUND Codes: 80-82 ; Check Issue Dates: 011610-013110
PE 1D Ph Narre AC TT NUMBER / JOB NUMBER Invoice Nor Description St Disc. Ant. Dist. Amt.
PEI].) Unpaid:- ------ 0.00
Paid: 106.35
Total: 106.35
V03126 LRLN NATTCNAL 8000000000-3010 2325/1001002 PY#2/10 PD 0.00 365.00
PE1U Unpaid: 0.00
Paid: 365.00
Total: 365.00
V10322 M & T BANK 8000000000-3010 MIBANK-1/14/10 10 Efrd OrrCbTp Pbl/P PD 0.00 489.77
/ ChYp Pbl/P PD 0.00 673.00
PEID Unpaid: 0.00
Paid: 1,162.77
Total: 1,162.77
V08056 STANDARD DEUR/AN 8000000000-3044 011410D DISAB P1M/JAN20 PD 0.00 471.36
V08056 STANDARD Th1SURAN 8000000000-2725 011410 LIFE PREM/JAN201 PD 0.00 159.83
PEIDd: 0.00
�d: 631.19
Total: 631.19
V00877 STATE BOARD OF E 8110155000-4801 012510 17-300001/OC1200 PD 0.00 61.48
V00877 SATE BOARD OF E 8010110000-4801 012510 17-300001/OCT200 PD 0.00 12.80
PElL) Ut d: 0.00
Paid: 74.28
Total: 74.28
V11824 URBAN FUTURES IN 8010110000-6340 1209004 11/09 PRJ NOW R PD 0.00 5,335.38
V11824 URBAN FUTURES IN 8010110000-6345 1209004 11/09 PRJ M3`IT R PD 0.00 980.76
V11824 URBAN FUTURES IN 8010125000-6345/505800-6345 1209004 11/09 PRJ M]VIT R PD 0.00 1,059.23
V11824 URBAN FUTURES IN 8110155000-6345 1209004 11/09 PRJ M3VlI' R PD 0.00 274.61
V11824 URBAN FUTURES IN 8010125000-6345/505800-6345 1209002 11/09 PRJ M2II' A PD 0.00 2,895.00
V11824 URBAN FUTURES IN 8110155000-6345/505320-6345 1209004 11/09 PRJ M3'4T R PD 0.00 2,157.69
V11824 URBAN FUTURES IN 8010125000-6345 1209004 11/09 PRT M3MT R PD 0.00 156.95
V11824 URBAN FUTURES IN 8010110000-6340 1209002 11/09 PRJ M3vEr A PD 0.00 7,905.00
V11824 URBAN FUTURES IN 8010110000-6345 1209002 11/09 PRJ M3VIT A PD 0.00 2,816.25
V11824 URBAN FUTURES IN 8010125000-6345 1209002 11/09 PRJ M2NIT A PD 0.00 97.50
City of Azusa HP 9000 02/11/10 OPEN H O L D DB LISTING By Per /Entity Narre Page 4
FEB 11, 2010, 11:14 AM ---req: ROSE leg: GL JL---loc: BI-TECH---job: 722416 #J2662---parr: 00 <1.34> rpt id: CHFL'fR02
SELECT F.ND Ox]es: 80-82 ; Check Issue Rtes: 011610-013110
P ID BE Narr e ACCC1NI' NUMBER / JUti NUMBER Invoice Number Description St Disc. Aut. Dist. Arrt.
-- - — - — -- — -- — -- ------ — ---- — ---
PEID d: 0.00
Paid: 23,678.37
Total : 23,678.37
V00388 VERIZIN 8010110000-6915 6261975078122809 626-1975078 PD 0.00 20.79
PEID d: 0.00
Paid: 20.79
Total: 20.79
V00876 WICN MTILIA 8000000000-3010 2335/1001002 PY#2/10 PD 0.00 136.50
PEID Unpaid: 0.00
Paid: 136.50
Total: 136.50
V02752 WELLS FAR3) BANK 8210165622-0074 WFB-1/5/10 • Investment PD 0.00 117,938.77
V02752 WFtTS FAR39 BANK 8210165620-0074 WFB-01/05/
10 fe"i Investment PD 0.00 452,936.67
V02752 WELLS FARIJ BANK 8210165624-0074 WFB-01/04/10 04.1 Irivestmnt PD 0.00 250,693.13
V02752 WELLS FAR J BANK 8210165626-0074 WFB-0 04/10 S `+ Investment PD 0.00 381,133.57
V02752 WELLS FAR3J BANK 8210165616-0060 WFB-1/ /10 G4'4 INVESIM NT PD 0.00 70,163.89
V02752 WELLS FARC BANK 8210165616-0060 WFB-1/5/10 0461 INVESIMENI' PD 0.00 49,956.67
V02752 WELLS FAR ) BANK 8210125000-2803 WFB-01/05/10 Die to Ci frr✓m PD 0.00 -68,784.83
V02752 WELLS FART) BANK 8210125000-7001 WFB-01/05/10 Int- =. Iis PD 0.00 68,784.83
V02752 WELLS FARC) BANK 8210165618-0060 WFB-01/05/10 04.1 ED 0.00 87,336.50
V02752 WELLS FARM BANK 8210165618-0060 WEB-01/05/10 $4'+ INVESIMENT PD 0.00 87,336.50
V02752 WELLS FARD BANK 8210165616-0060 WFB-1/ /10 .A 1 IlWESIrVIE T PD 0.00 60,468.01
PEID d: 0.00
Paid: 1557,963.71
Total : 1557,963.71
GRAND TOTAL d: 0.00
Paid: 1652,846.01
Total: 1652,846.01