HomeMy WebLinkAboutMarch 18, 1997INVOCATION
ANNOTATED
A G E N D A
Rabbi J.B. Sacks, Temple Shaarei Torah
PLEDGE OF ALLEGIANCE Michael H. Miller, City Attorney
2. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING None
AGENDA ITEMS
3. QUESTIONS FROM CITY COUNCIL/REDEVELOPMENT AGENCY
REGARDING AGENDA ITEMS
MOTION: Read all OrdinanCes and ResOlUtions by title only and waive
reading in full
4. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO
ADDRESS THE CITY COUNCIL/REDEVEL.OPMENT AGENCY
(NON-PUBLIC; HEARING/ FIVE 110111INUTE 11"'ArvilT PER PEERSON)
City Council Reports/ Announcements /Statements /Future Agenda Items
RECESS CITY COUNCIL
None
Adopted 5-0
Joanne Steinmeier
Gino Roncelli
Drew Krynicki
See Minutes
6. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY ACTION
ROLL CALL: Agency Members Chang, Harbicht, Kovacic, Young and Kuhn All Present
CONSENT
a. Minutes of the March 4, 1997 Regular Meeting
ADJOURN to April 1, 1997 at 7:00 p.m.
RECONVENE CITY COUNCIL
7. CONSENT
Approved 5 -0
a. Minutes of the February 18, 1997 Adjourned Regular and March 4, Approved 5 -0
1997 Regular Meetings.
b. Report and recommendation to waive expenses related to Traffic Approved 5 -0
Control Services for the Third Annual Santa Anita Derby Day 5K Run
and Walk.
C. Report and recommendation to adopt a Board and Commission Approved 5 -0 as
Appointment process policy. Amended
d. Report and recommendation to approve renewal of the Lease Approved 5 -0
Agreement with the Arcadia Historical Society.
8. CITY MANAGER
a. Report and recommendation to certify a mitigated negative declaration Approved 5 -0
and to approve the 1997 Water Master Plan.
b. Report and ROO ation to award a three year contract in the Approved 5 -0
amount of to Traffic Operations, Inc. for street striping
and pavement marking services.
C. Recommendation to approve a Cost Compensation Agreement with Approved 5 -0
Santa Anita Realty Enterprises for environmental, land use, fiscal
and legal processing.
Recommendation to authorize consultant agreements regarding a Approved 5 -0
Santa Anita Realty Enterprises Application (total amount $132,470.00).
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9. CITY ATTORNEY
a. INTRODUCTION - Ordinance No. 2069, An Ordinance of the City
Council of the City of Arcadia, California deleting Code Sections
9283.8.7 and 9283.8.8 of the Arcadia Municipal Code relating to front
yard wall and fence heights, and creating new Code Sections
establishing new height limitations and architectural design guidelines
for walls, wrought iron fences, columns and lighting in the front yard
areas.
ACTION
Introduced 5 -0
10. CLOSED SESSION
a. Pursuant to Government Code Section 54956.9(a) to confer with legal
counsel regarding the current case of Hayden v. City of Arcadia.
b. Pursuant to Government Code Section 54956.9(x) to confer regarding
the existing Workers' Compensation case of Raymond Montoya v. City
of Arcadia. To Closed Session 8:45 p.m.
ADJOURN to April 1, 1997 at 7:00 p.m. Adjournment - 9:58 p.m.
N
0
MEMORANDUM
oA+'ORwTEO
DATE: MARCH 18, 1997
TO: MAYOR AND CITY COUNCIL
FROM: JEROME C. COLLINS, DIRECTOR OF RECREATION
SUBJECT: RECOMMENDATION TO RENEW THE LEASE AGREEMENT WITH THE
ARCADIA HISTORICAL SOCIETY
SUMMARY
Since 1986, the City of Arcadia has had a Lease Agreement with the Arcadia Historical Society to
operate a "historical museum" on City property. The term of the most recent Agreement was for five
years and it expired on October 17, 1996 (this expiration was just recently noticed by staff). Staff is
recommending that the City Council renew the Lease Agreement with the Arcadia Historical Society.
DISCUSSION
The attached Lease Agreement is for five years and reflects the existing lease terms with two
exceptions. The amount of general liability insurance coverage has been increased and the City is now
legally responsible for the maintenance and repair of the exterior structure. Since the Historical
Society has not been in a position to pay for any significant maintenance or repair, the City has been
paying for these costs as well as those for water service. The lease addresses this issue in Section 14
which provides that the City shall maintain the exterior of the structure including the parking lot and
landscaping. The Society shall be responsible for the interior of the structure subject to the right to
request assistance from the City through the City Manager's office.
Realizing that the Society is a non - profit organization operating on a shoestring budget, we feel this
will provide them with clear -cut assistance and will alleviate any future problems in terms of
responsibilities.
FISCAL IMPACT
The building is aging and we anticipate there will be some repair and maintenance work needed in
the next year. We will place approximately $3,000 in the Recreation Department budget for this
purpose.
RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to execute the attached Lease
Agreement which has gbeen approved as to form by the City Attorney.
Approved: , � 1 � 7''� rd cl v
d Lk"ER IMAGED
Attachment -7 d.
LEASE AGREEMENT
This Agreement is by and between the Arcadia Historical Society, a non - profit
corporation, hereinafter referred to as "SOCIETY" and the City of Arcadia, a municipal
corporation, hereinafter referred to as "CITY".
WHEREAS, American Savings and Loan Association donated a "structure" to the
City of Arcadia for use as a "Historical Museum and such other related public purposes as
may be directed by the City Council "; and
WHEREAS, the City of Arcadia has provided for location of this "structure" on City
property; and
WHEREAS, the City of Arcadia in order to implement these purposes and to provide
for the operation of a Historical Museum desires to utilize the background, experience, and
resources of an organization already established with goals commensurate with the
preservation and display of historic items; and
WHEREAS, the Arcadia Historical Society performs such a function and has
expressed interest in an active role with regard to the Museum.
NOW, THEREFORE, IN ORDER TO ACCOMPLISH THE PURPOSES SET
FORTH ABOVE, AND TO MEET THE GOALS OF BOTH THE CITY AND
HISTORICAL SOCIETY, THE PARTIES HERETO AGREE AS FOLLOWS:
LIM
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1. DESCRIPTION OF PREMISES AND TERM. The premises subject to this
Agreement are set forth on Exhibit "A" which is attached and incorporated as part of this
document. Society shall have exclusive use of these premises for the purposes of and subject
to the conditions specified herein. Commencing on the execution date of this Agreement,
the term shall be for five (5) years subject to Section 11 below, and renewal upon the written
consent of both parties.
2. CITY RESPONSIBILITIES. City shall provide and pay for water service,
landscape maintenance, and parking lot maintenance applicable to subject premises.
3. PURPOSE OF AGREEMENT. Society shall operate and maintain the
historical museum, provide and make arrangements for the provision of items to be displayed
at such museum, and operate the museum pursuant to the conditions set forth herein. The
Historical Museum shall display items that are generally consistent with the presentation of
the history of the City of Arcadia and the San Gabriel Valley Area, subject to the conditions
set forth in this Agreement, or as may be established pursuant to Section 8 of this Agreement.
4. LEASE PAYMENTS. In consideration of terms of this Agreement including
the Historical Society's rendition of services commensurate with its role and experience and
the City's provision of the structure and other commitments of the City, the Society shall
have the right to lease the Museum and subject structure for the sum of One Dollar ($1.00)
per year payable at the beginning of each year of the term of this Agreement.
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5. ACCOUNTING. The City Administrative Services Director shall have the
right to review all books and records of Society regarding the income and expenditure of
money applicable to the Museum. Society shall account for funding and expenditure in a
manner consistent with direction from the City and shall provide a monthly financial report
applicable to their activities in relation to the Museum.
6. ADMISSION. It is understood and agreed that a reasonable fee may be
charged for admission of the public to the Museum, if approved by the City.
7. WORKERS' COMPENSATION The Historical Society is an independent
contractor with the City pursuant to this Agreement, and is providing this function on a
volunteer basis. At no time is any member of Society or any agent, employee or
subcontractor of the Society to be deemed an employee of the City of Arcadia for any
purposes including the provision of workers' compensation.
8. CONDITIONS BY CITY Society shall comply with the following:
a. Maintain the area occupied in a clean and sanitary condition.
b. Repair any and all damage to City property (e.g. the Structure) arising
out of the use and activities of Society pursuant to this Agreement.
C. Conduct authorized activities in a courteous, nonprofit manner and
operate without interfering with the use by the public and County.
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9. RESPONSIBILITY FOR ITEMS DISPLAYED. The City of Arcadia shall not
be responsible for any loss or damage to items that may be displayed on the premises.
10. INSURANCE. Society shall provide and maintain at its own expense during
the term of this Agreement the following program(s) of insurance covering its operations
hereunder. Such insurance shall be provided by insurer(s) satisfactory to the City Attorney
and evidence of such programs satisfactory to the City shall be delivered to the office of the
City Attorney on or before the effective date of this Agreement. Such evidence shall
specifically identify this Agreement and shall contain express conditions that City is to be
given written notice at least thirty (30) days in advance of any modification or termination
of any program of insurance.
a. General Liability. Such insurance shall be primary to and not
contributing with any other insurance maintained by City, and shall
include, but not be limited to:
1. Comprehensive General Liability insurance endorsed for
Premises - Operations, Products /Completed Operations,
Contractual, Broad Form Property Damage and Personal Injury
with a combined single limit of not less than Five Hundred
Thousand Dollars ($500,000) per occurrence.
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b. proper Cow Such insurance shall provide coverage for personal
property covering loss, damage or destruction due to theft, fire and
casualty of any and all fixtures and property belonging to Society that
are installed or placed within the area occupied.
11. TERMINATION. Either party may terminate this Agreement for good cause
pursuant to six (6) months written notice to the other party.
12. ASSIGNMENT. This Lease Agreement is personal to Society and shall not
be transferred, assigned, or in any way delegated or subject to a sub - agreement or sub - lease.
13. ALT_F.RA_TION OF STRUCTURE. Society shall not make any alteration or
construction affecting the "Structure" without the written permission of the City and shall
comply with all applicable City permit and code requirements, with the exception of permit
fees which are waived.
14. MAINTENANCE. City shall provide and be responsible for the cost of water
service, landscape, parking lot and building maintenance and all repairs applicable to the
exterior of the structure. Society shall be responsible for interior modification and
maintenance. This does not preclude the Society from requesting City services to perform
such work. Upon a showing of insufficient funds to perform this work, the City Manager
may approve their request.
FI
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Executed this day of 91997.
ATTEST:
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
Michael H. Miller
City Attorney
ON
CITY OF ARCADIA
Mayor of the City of Arcadia
ARCADIA HISTORICAL SOCIETY
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fNOO�rORATt��,•o� MEMORANDUM
OFFICE OF THE CITY MANAGER
March 18, 1997
TO: Mayor and City Council
FROM: William R. Kelly, City Manage
By: Cindy Rowe, Community Relations Officer
SUBJECT: Report and Recommendation to Adopt a Board and Commission
Appointment Process Policy
BACKGROUND
The monitoring of board and commission terms, as well as the details surrounding City
Council appointments to City boards and commissions is a staff function in the City
Manager's office. By formalizing the process into an Administrative Procedure Policy
the sequence of events is outlined for elected officials and the document also serves
to provide a step -by -step list of instructions in the appointment process that will assist
any staff member assigned this responsibility.
DISCUSSION
This policy sets forth specific actions that will not only ensure a smooth transition for
commission members, but also will create a more sensitive environment for the
processing of both appointments and non - appointments. A draft policy was
previously provided to you for your review and comes before you at this time for
formal adoption.
RECOMMENDATION
It is recommended that the City Council adopt the attached Board and Commission
Appointment Process Policy as presented or as amended by the City Council.
Attachment o ��
LrwE R IMAGED
CITY OF ARCADIA
ADMINISTRATIVE POLICY GUIDELINES
BOARD AND COMMISSION
APPOINTMENT PROCESS
PURPOSE
Date Adopted:
Date Amended:
Signed By:
Policy No. 1 -4
This policy is to set forth the process by which members of the Arcadia community are
appointed to advisory boards and commissions. The City Charter provides for the
establishment of the Planning Commission, Parks and Recreation Commission, Human
Resources Commission and the Library Board of Trustees, and grants to them those powers
and duties both in the Charter and as prescribed by the City Council. All Board and
Commission members must be appointed from the legally registered voters of the City and
may not hold any other City office or employment.
The Charter also provides that the City Council may create other Boards and Commissions
as in its judgment are required and may grant to them such powers and duties which are
consistent with the provisions of the Charter. The Parking District Commission, Sister City
Commission, Arcadia Beautiful Commission, Senior Citizens' Commission, Building and Fire
Appeals Board, and Disabled Access Appeals Board were established by resolution.
The general purpose of City Boards and Commissions is to: 1) advise the City Council and
the City Manager on matters within their area of interest; 2) enable more attention to be
given to specific issues and problems; 3) act as a channel of communication between
government and the public; and 4) provide a greater opportunity for citizen participation in
affairs of City government.
PROCEDURE
Selection for appointment to a Board or Commission is generally based on the following:
* a broad viewpoint and concern for the City of Arcadia
* a familiarity with the community's history and goals
* an interest in and a recognition of the importance of the
particular board /commission
BOARD AND COMMISSION
APPOINTMENT PROCESS
Page two
* readiness to devote time and effort to carrying out the
duties of the office
* a willingness to accept and support the policies of the
City Council
* a willingness to serve as Chairman of the Board or Commission
The number of members appointed to each Board and Commission is specified by the City
Council and each member is appointed to a term not to exceed four years, serves until a
successor qualifies, and is subject to removal by motion of the Council adopted by at least
three affirmative votes. An exception to this rule is the Senior Citizens' Commission, whose
members serve a two -year term. In the event an incumbent is removed or otherwise vacates
his /her office, the City Council appoints a successor for the unexpired term of office.
Appointment
Appointment or reappointment to a Board or Commission occurs in June or July each year,
utilizing Citizen Service Resumes on file from interested members of the community. From
February through April staff shall review the status of board /commission terms expiring on
June 30, advertise board /commission openings by press release, Community Bulletin Board,
Chamber of Commerce News Bulletin, City Newsletter and service club announcements,
and send a letter, signed by the Mayor, to those individuals who are eligible for
reappointment, assessing their continued interest in service and explaining appointments are
not automatic, but dependent upon City Council action. The Mayor or staff may follow up
with a telephone call for clarification purposes.
During this same time frame, staff shall review all Citizen Service Resumes on file and send
a new form to those individuals whose resumes have been on file for more than three years.
It is important to confirm the continued interest of community members as well as to ensure
the information contained on the Citizen Service Resume is current. If there is no response
to the letter, staff shall make contact by telephone.
In May each year, staff shall send to the City Council all Citizen Service Resumes on file in
the City Manager's Office, a list of vacancies with member eligibility status, and a matrix of
all applicants with corresponding board /commission interest indicated. Also in May, staff
shall send a letter, signed by the Mayor, to those board /commission members who have
served two full terms, explaining their ineligibility for reappointment and inviting them to a
future City Council meeting to receive a City plaque.
BOARD AND COMMISSION
APPOINTMENT PROCESS
Page three
At a regular City Council meeting in June or July, the City Council may either schedule
interviews with selected candidates, make appointments and reappointments at that time,
or any combination of the two.
Post - Appointments
After the City Council appoints new board /commission members, the staff shall telephone
each the following day, on behalf of the Mayor, to notify them of the appointment. A letter
is sent, signed by the Mayor, as formal notice and as an invitation to a subsequent City
Council meeting to have the Oath of Office administered by the City Clerk. If no response
has been received at the time the agenda is drafted for said meeting, staff shall telephone
each to confirm attendance. If they are not available to attend on the specified date, another
date is selected and the item is agendized accordingly. Staff shall order appropriate name
plates and identification cards and notify board /commission liaisons of City Council action.
Staff shall also supply board /commission liaisons with a Commissioner's Handbook for
newly- appointed board /commission members and for all members if a revision of the
handbook occurs.
Following City Council reappointment of board /commission members to a new term, staff
shall telephone each the following day as notification of reappointment, and this shall be
followed by a letter, signed by the Mayor, with a new Board /Commission Identification Card
reflecting the new end of term date. Staff also prepares file index cards which reflects the
date of Council action for each board /commission member.
If an eligible board /commission member is not reappointed to a second term, the Mayor or
staff shall telephone the person the day following the City Council decision, and notify
him /her. This shall be followed by a formal letter from the Mayor with an invitation to attend
a subsequent City Council meeting to receive a City plaque.
If a board /commission member resigns prior to the end of term, or is asked by the City
Council to resign the term, formal notification shall be sent from the Mayor and he /she shall
be invited to a City Council meeting to receive a City plaque. If the board /commission
member does not wish to receive the plaque publicly, it may be mailed.
Citizen Service Resumes on file for that particular board /commission shall be sent to the City
Council for their review and appointment to the board /commission shall be scheduled for a
subsequent City Council meeting for City Council action.
BOARD AND COMMISSION
APPOINTMENT PROCESS
Page four
Board /Commission Roster
When reappointments and new appointments are complete, staff shall prepare a new
Board /Commission Roster which reflects current information and term dates for those
appointed. This roster shall be updated each year or more frequently if needed. Copies shall
then be distributed according to the distribution list on file in the City Manager's office.
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°R.....rED STAFF REPORT
POLICE DEPARTMENT
DATE: March 18, 1997
TO: Mayor and Members of the City Council
FROM: Ronnie D. Garner, Assistant City Manager/Chief of Police/
By: Rudy Blum, Administration Lieutenant .
SUBJECT: Report and Recommendation to Waive Expenses Related to Traffic Control
Services for the Third Annual Santa Anita Derby Day 5K Run and Walk
SUMMARY '
The City has been contacted by the Los Angeles Turf Club (Santa Anita) regarding the Third Annual
Santa Anita Derby Day 5K Run&Walk to be held on Saturday, April 5, 1997. The contest is one of
several special events that will be held in conjunction with the Santa Anita Derby. This year Santa
Anita is again requesting that the City waive the cost of traffic control services because of the_charitable
nature of this event.
BACKGROUND
In 1996, the City waived the traffic control costs for the Derby Day 5K Run&Walk for the first time.
The Police Command Staff donated their time and efforts for the charitable event.
DISCUSSION
This year the Derby Day 5K Run & Walk will also be co-sponsored by the Methodist Hospital of
Southern California. This will add to the community event for Arcadia residents and businesses. Each
year participation of contestants has increased. It is anticipated that more than 4,000 runners/walkers
will join in the event. The race will begin in the south parking lot (adjacent to gate #1) of the race
track. The runners/walkers will proceed through the mall, cross Baldwin Avenue, go through the
interior of the Arboretum, cross back over Baldwin Avenue, enter the race track through gate #7,
proceed through the turf tunnel and infield, and wind up on the training track for the last quarter mile
of the race.
The race is again being coordinated by the sports marketing firm, Elite Racing. Any profits from the
event will be donated to three local beneficiaries: Arcadia Tournament of Roses Association, Arcadia
High School Athletic Boosters, and the Arcadia D.AR.E.Program. In the event the race operates at a
loss, Santa Anita will give each organization a check for a fixed amount.
In order to facilitate the running of the race and to help ensure the safety of the participants, the Police
`
Department will provide intermittent traffic control. The traffic control unit will be composed of �'-
LASER IMAGED
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members of the Command Staff,who will donate their time and efforts for this community event. The
saving to the City is estimated at approximately$1,500.00.
It is anticipated that traffic flow on Baldwin Avenue will be diverted between 8:00 a.m. and 8:30 a.m.
The same type of traffic flow pattern was used last year with very minimal effect on any businesses or
local residents.
When City services or personnel are required for coordination of special events, the cost of these
services is typically borne by the event organizer. In this instance, as in last year, Santa Anita is
requesting that the expenses for traffic control services be waived because of the charitable nature of
the event. As previously noted, proceeds (or a fixed amount) will be.donated to the Arcadia
Tournament'of Roses Association, Arcadia High School Boosters Club, and the Arcadia D.A.R.E.
Program.
As part of hosting an event of this type, Santa Anita is also required to provide a certificate of
insurance designating the City of Arcadia as an additional insured. They have provided this certificate
and it has been approved by the City Attorney.
FISCAL IMPACT
lithe City Council agrees to waive the expenses associated with traffic control services, the cost to the
City will be $1,500.00. The amount will be absorbed by the Police Department, utilizing the donation
of staff time by police personnel.
RECOMMENDATION
It is recommended that the City Council approve Santa Anita's request to waive the cost of traffic
control services(as defined in this report)for the Third Annual Derby Day 5K Run&Walk.
Approved: .
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William R Kelly, City Manager
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J`� °' STAFF REPORT
DATE:" MARCH 18, 1997
TO: MAYOR AND CITY COUNCIL Ig�
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FROM: WILLIAM R. KELLY, CITY MANAGER ""'">�
MICHAEL H. MILLER, CITY ATTORNEY Th W 1 1
DONNA BUTLER, COMMUNITY DEVELOPMENT ADMINISTRATOR.. 4'
SUBJECT:. 1. RECOMMENDATION TO APPROVE A COST COMPENSATION
AGREEMENT WITH SANTA ANITA REALTY ENTERPRISES FOR
ENVIRONMENTAL, LAND USE, FISCAL AND LEGAL PROCESSING.
2. RECOMMENDATION TO AUTHORIZE CONSULTANT
AGREEMENTS REGARDING A SANTA ANITA REALTY ENTERPRISES
APPLICATION.
BACKGROUND
The scope and importance of the application to be submitted by Santa Anita Realty Enterprises
("Santa Anita") to commercially develop approximately 85 acres of land in the southwest
portion of the race track property mandates significant City review and analysis to ensure a
meaningful public review and decision-making process before the Planning Commission and
City Council. This report recommends that the City Council authorize staff to retain certain
expert consultants to process Santa Anita's application and approve a Cost Compensation
Agreement between the City and Santa Anita that calls for the reimbursement to the City the
cost of all consultant services used for this project.
DISCUSSION
To properly process Santa Anita's project, a Specific Plan (inclusive of a zone change and
zoning code amendments), a Tract Map, and related environmental analysis will be required.
A Development Agreement has also been requested and is subject to negotiation. Staff is
recommending that the City Council approve the attached Cost Compensation Agreement that
calls for Santa Anita to reimburse the City for the costs applicable to processing the land use
entitlements proposed by Santa Anita. The purpose of the Agreement is to address project
costs in advance and to obtain a contractual commitment from Santa Anita to pay for these
costs.
A detailed scope of work to address the environmental, land use, fiscal and legal .issues are
included in the attached Agreement which has been reviewed and approved by both parties.
The estimated cost of consultant services and City reimbursable expenses is S132,470.00
Santa Anita has agreed to cover these costs by maintaining a replenishable deposit account with
the City. 4pprd e 1,ohnod ;cc z 7ivws . 8 LASER W AGED
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Mayor and City Council
March 18, 1997
. Page2
Santa Anita has agreed to hold the City harmless in the event litigation occurs to contest the
project.
The proposed Santa Anita project is of a significant size relative to what has been developed
in Arcadia in the last ten years. Because of the scope and complexity of the project, staff is
recommending that four professional consultants be retained to facilitate the processing of the
Environmental Impact Report, the Specific Plan, the Development Agreement, the fiscal
analysis, and to provide legal assistance as necessary. These efforts, as managed by City staff,
will enable the public, the Planning Commission and the City Council to make informed
development decisions on the project. Staff recommends the retention of the following firms:
FEE
1. LSA Associates $92,960.00
(environmental and land use planning consultants)
2. Alfred Gobar & Associates $ 9,800.00
(fiscal consultant)
3. Freilich, Fox & Sohagi (M. Sohagi) $12,000.00
(environmental legal counsel)
4. Kane, Ballmer and Berkman (J. Pannone) $12,000.00
(assistance re: Development Agreement)
Overall management of the project will be by the City Manager, with day to day administration
by the Community Development Administrator.
The Agreement provides that the City retain absolute discretion with regard to all final
decision-making concerning the proposed project entitlements and related environmental review
process. The public hearing process will go forward and the City is not in any way precluded
from exercising its independent discretion with regard to the proposed project.
FISCAL IMPACT
The total cost of the consultant work on this project will be paid for by Santa Anita.
The attached Cost Compensation Agreement between the City and developer requires Santa
Anita to make payment to the City in accordance with a draw down reimbursement.
This Cost Compensation Agreement was negotiated between both parties and both are
agreeable to the terms.
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Mayor and City Council
March 18, 1997
Page 3
RECOMMENDATION
Staff recommends that the City Council:
1. Authorize the City Manager to execute the attached Cost Compensation Agreement
between the City of Arcadia and Santa Anita Realty Enterprises; and
2. Authorize the City Manager to execute agreements with LSA Associates; Gobar &
Associates; Freilich, Fox & Sohagi; and Kane, Ballmer and Berkman for a total amount
of$132,470.00, subject to finalization of the contracts and approval as to form by the
City Attorney.
Attachment
AGREEMENT
(Cost Compensation)
This Agreement is entered into this day of , 1997 by and among
Santa Anita Realty Enterprises, Inc. (hereinafter referred to as "Santa Anita," or "Appllicant" and
the City of Arcadia(hereinafter referred to as "City").
RECITALS
A. Santa Anita is the owner of approximately 85 acres of land generally described in
Exhibit "A" attached hereto (the "Project Area"), which Property is located in that portion of the
City planned for commercial development in accordance with City's 1996 General Plan.
B. Santa Anita is contemplating development of the Property for the following uses,
among others: theater/entertainment; retail and restaurant; so-called "large box" commercial; and
related commercial uses (the "Proposed Uses"). To implement the Proposed Uses, Santa Anita
contemplates applying for the City's discretionary approval of a Specific Plan, which will include
a corresponding zone change designation and zoning, code amendment; approval of a tract map;
and the adoption of a Development Agreement between the City and Applicant. Each of the
foregoing entitlements shall be supported by a project environmental impact report prepared
pursuant to the California Environmental Quality Act ("CEQA") (collectively, all such approvals
and reports are referred to hereinafter as the "Proposed Project Entitlements"). Santa Anita has
identified certain fundamental objectives of the proposed project, which are further set forth in
Exhibit "B" attached hereto (the "Proposed Project Objectives").
C. To provide the City with the environmental, land use planning, fiscal and legal advice
necessary to the City's review process concerning the uses of the Property, it is necessary for the
sarc agrcemem/la-123 500 v4 1 3/12/97 6:O16 pm
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City to retain the services of an environmental and land use planning consultant, a fiscal
consultant, and special legal counsel (legal support services) (collectively, "Consultants").
D. As a condition to the City's initiation of the review process, Santa Anita has agreed
to reimburse the City for the Consultants costs and expenses related to the City's review process
in the manner and amounts set forth in this Agreement.
E. City shall have complete discretionary authority with regard to all land use and
related decision-making concerning any proposal or objectives submitted by Santa Anita.
NOW, THEREFORE, in consideration of the foregoing and other good and valuable
consideration, the sufficiency and adequacy of which is hereby acknowledged, the parties agree as
follows:
1. Submission and Processing. of Applications -Land Use Planning. Consultant.
(a) The Proposed Project shall consist of the Proposed Uses, the Proposed
Project Entitlements, and the Proposed Objectives (collectively, the "Proposed Project"). All
applications, environmental documents, and planning documents (including the Specific Plan),
shall define the Proposed Project in a manner consistent with this Agreement.
(b) Applicant shall be responsible for preparing and submitting to the City
applications for the approval of the Proposed Project Entitlements (the "Applications"). The
Applications will propose development of the Proposed Project. The Applications shall be filed in
a form which complies with City requirements. Subject to the express qualifications and caveats
contained in Section 10 below, the City agrees to process the Proposed Project in accordance
with this Agreement and applicable State and local laws.
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(c) Applicant, and any consultant retained by Applicant, shall be responsible
for preparing the Specific Plan and other draft documents to be approved by the City pursuant to
the Applications ( the "Draft Project Documents"), all at Applicant's cost. The Applications and
Draft Project Documents shall be submitted to City staff in accordance with the Proposed Project
Entitlement Schedule attached hereto as Exhibit"C". .
- (d) The City hereby approves LSA Associates as the Land Use Planning
Consultant responsible for assisting the City staff with the review of the proposed Specific Plan,
the Applications, and associated submissions. Upon receipt of the Deposit described in Section
6(b) herein, the City shall retain the Land Use Planning Consultant pursuant to a Professional
Services Agreement ("Land Use Planning Consultant Agreement"). The Land Use Planning
Consultant Agreement shall reflect the Land Use Scope of Work and Budget attached hereto as
Exhibit "D-1", and shall be consistent with the terms of this Agreement, but shall otherwise be
subject to the City's approval in its sole and absolute discretion. The Land Use Scope of Work
and Budget (and those portions of the Land Use Planning Consultant Agreement incorporating
same) shall not be amended without the prior written consent of the Applican t; provided,
however, that Santa Anita acknowledges that the Applicant's failure to consent to amendments
• reasonably necessary to respond to material changes in the Draft Project Documents in
accordance with applicable legal requirements could result in delays in the review and processing
of the Applications. In the event such material changes occur, Applicant and the ity agree to
meet and confer in good faith in an effort to determine to what extent, if any, the Lan Use Scope
of Work and Budget should be revised.
2. Preparation and Processing of Environmental Documentation.
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(a) The City shall serve as lead agency for purpose of processing the Proposed
Project and complying with CEQA, but shall coordinate and cooperate with Applicant as
provided below, in a manner consistent with State and local law.
(b) The parties agree that an Environmental Impact Report for the Proposed
Project Entitlements ("EIR") will be prepared in accordance with the requirements of CEQA and
other applicable laws. The EIR shall address all environmental impacts of the Proposed Project
and is intended to address all development activities contemplated to implement the Proposed
Project and the Proposed Project Entitlements.
(c) The City hereby approves in its sole and absolute discretion LSA
Associates as the EIR Consultant. Upon receipt of the Deposit described in Section 6(b) herein,
the City shall retain the EIR Consultant pursuant to a Professional Services Agreement ("EIR
Consultant Agreement"). The EIR Consultant Agreement shall reflect the EIR Scope of Work
and EIR Budget attached hereto as Exhibit "D-2" and shall be consistent with the terms of this
Agreement, but shall otherwise be subject to the City's approval in its sole and absolute
discretion. The EIR Consultant shall cooperate with the Applicant and the City staff as provided
in Section 9 herein.
(d) The City shall not be bound by any recommendations or conclusions made
or reached by the EIR Consultant, and the City may accept or reject, in whole or in part, any such
recommendations or conclusions. Notwithstanding anything to the contrary contained herein, the
City shall independently review, evaluate and exercise its independent judgment regarding the EIR
and any studies and reports submitted, whether by the ER Consultant or otherwise, in connection
therewith, as well as any issues that those studies and reports raise and address.
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(e) The City hereby approves the scope of work for the EIR ("EIR Scope of
Work") as set forth in Exhibit "D-2" attached hereto, and directs the EIR Consultant to process
the EIR in accordance therewith. The EIR Scope of Work (and those portions of the EIR
Consultant Agreement incorporating same) shall not be amended without the prior written
consent of the Applicant; provided, however, that Santa Anita acknowledges that the Applicant's
failure to consent to amendments reasonably necessary to process the Proposed Project
Entitlements in accordance with the requirements of CEQA and related laws could result in delays
in or the suspension or termination of processing the EIR and the Applications. In the event
material changes are proposed to the EW Scope of Work, Applicant and the City agree to meet
and confer in good faith in an effort to determine to the extent of such changes; provided,
however, that the failure to reach agreement shall not impair City's right to terminate or suspend
the processing of the EIR and the Applications.
(f) The EIR Consultant shall perform the EIR Scope of Work in accordance
with the budget attached hereto as Exhibit "D-3" (the EIR Budget"). The EIR Consultant
Agreement shall specifically acknowledge that the EIR Consultant is expected to perform each of
the services identified in the EIR Budget at a cost no greater than itemized amounts identified
therein, and that the EIR Budget, including individual line items, has been negotiated by and
among the City, the EIR Consultant, and Santa Anita with the express understanding that such
line items are intended as "not to exceed" dollar amounts which are anticipated as being fully
adequate to cover the related scope of work, including_ reasonably anticipated contingencies
associated therewith.
3. Preparation of Fiscal Report.
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(a) The City and Santa Anita acknowledge that although a substantial amount
of fiscal impact information has already been collected concerning the Property in connection with
prior applications submitted by Santa Anita, it is necessary for the City to prepare additional fiscal
impact studies in connection with the Proposed Project. The City hereby approves Alfred Gobar
and Associates as the Fiscal Consultant responsible for preparing such fiscal impact reports and
advising City in connection with matters related thereto (the "Fiscal Reports").
(b) The City hereby approves the scope of work and budget for the Fiscal
Reports (the "Fiscal Scope of Work and Budget") as set forth in Exhibit "F' attached hereto.
Upon receipt of the Deposit described in Section 6(b) herein, the City shall retain the Fiscal
Consultant pursuant to a Professional Services Agreement ("Fiscal Consultant Agreement"). The
Fiscal Consultant Agreement shall reflect the Fiscal Scope of Work and Budget (as those terms
are hereinafter defined), and shall be consistent with the terms of this Agreement, but shall.
otherwise be subject to the City's approval in its sole and absolute discretion. The Fiscal
Consultant shall cooperate with the Applicant and the City staff as provided in Section 9 herein.
The Fiscal Scope of Work and Budget (and those portions of the Fiscal Consultant Agreement
incorporating same) shall not be amended without the prior written consent of the Applicant;
provided, however, that Santa Anita acknowledges that the Applicant's failure to consent to
amendments reasonably necessary to respond to material changes in the Proposed Project
Entitlements in accordance with applicable legal requirements could result in delays in processing
the Applications. In the event such material changes occur, Applicant and the City agree to meet
and confer in good faith in an effort to determine to what extent, if any, the Fiscal Scope of Work
and Budget should be revised.
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4. Legal Support Services. Pursuant to direction of the City Attorney, the
City shall utilize the services of Margaret Moore Sohagi of the law offices of Freilich, Kaufman,
Fox & Sohagi, LLP to assist with the environmental review process and related land use issues
and Joseph Pannone of Kane, Ballmer & Berkman to assist with regard to negotiation and
- preparation of the proposed development agreement. These services shall be performed
consistent with the legal support scope of work and budget attached hereto as Exhibits "F-1" and
"F-2" respectively (collectively, the "Legal Support Scopes of Work and Budgets"). Upon
receipt of the Deposit described in Section 6(b) herein, the City shall retain the Legal Consultants
pursuant to a Professional Services Agreement ("Legal Consultant Agreements"). The Legal
Consultant Agreements shall reflect the Legal Support Scopes of Work and Budgets and shall be
consistent with the terms of this Agreement. The Legal Support Scopes of Work and Budgets
shall not be amended without the written consent of the Applicant; provided, however that Santa
Anita acknowledges that the Applicant's failure to consent to amendments reasonably necessary
to respond to applicable legal requirements.could result in delays in or the suspension of
processing the Applications. In the event material changes in theQLegal Support Scopes or Work
and Budgets are proposed, Applicant and the City agree to meet and confer in good faith in an
effort to determine to the extent of such changes.
5. City to Retain Consultants/City Rights. The Applicant a..rees that,
notwithstanding the Applicant's reimbursement obligations under this Agreement, the Consultants
selected by the City shall be the contractors exclusively of the City and not of the Applicant.
Except for those disclosures required by law including, without limitation, the Public Records
Act, and as otherwise provided herein, all conversations, notes, memoranda, correspondence and
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•
other forms of communication by and between the City and the Consultants shall be, to the extent
permissible by law, privileged and confidential and not subject to disclosure to the Applicant. The•
Applicant agrees that it shall have no claim to nor shall it assert any right in any reports,
correspondence, plans, maps, drawings, or any and all other documents or work product
- . produced by the Consultants pursuant to the Consultant Contracts which are required to be
maintained as public records pursuant to the Public Records Act and other applicable law.
Applicant agrees that any proprietary information which it has provided to the Consultants and
which do not reasonably need to be included in the City's public records, shall be identified as
"Proprietary" and to the extent legally permitted shall be excluded from the City's public records.
Notwithstanding the foregoing, the City agrees that it will act reasonably in disclosing to and
sharing with the Applicant information and reports from the Consultants relevant to the evaluation
of the Proposed Project, except when such disclosure would be detrimental to the best interest of
the City, as determined by the City in its reasonable discretion, or where such disclosure would
constitute a waiver of privilege or defeat the City's right of confidentiality as to those matters
which are not subject to public disclosure.
6. Reimbursement of City.
(a) Santa Anita agrees to reimburse the City for the actual and reasonable
costs and expenditures paid by the City to the Consultants in accordance with the terms of this
Agreement and for specific application fees and "reimbursables" as set forth in Exhibit "G"
attached hereto. Santa Anita's agreement to make such reimbursements shall be subject to the
following conditions:
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(i) Subject to the terms of this Agreement, payments shall not be made
to the Consultants in excess of the budgets set forth in the Land Use Scope of Work and Budget,
Fiscal Scope of Work and Budget, Legal Support Budget and EIR Scope of Work Budget
(collectively, such budgets are referred to as the "Budgets"), as applicable, without the prior
. written consent of Santa Anita.
(ii) The Consultants shall submit monthly invoices and reconciliation
statements to City identifying in reasonable detail the services performed during the prior monthly
billing period, the fees and reimbursable expenses, if any, incurred during such period, and the
percentage of both the line item and aggregate Budgets expended through the date of such
statement, as applicable (the "Consultant Invoice"). After approval by the City, copies of all
invoices and statements shall be provided to Santa Anita.
(b) Prior to, and as a condition of the City processing the Applications, Santa
Anita shall deposit the sum of$30,000 (the"Deposit") into either (1) a special segrega ed demand
deposit account (the "Account") to be established by the City with a federally chartered bank for
the sole purpose of receiving reimbursement funds from Santa Anita pursuant to this Agreement.
No other City funds shall be commingled into the Account. The City shall be sole authorized
signatory on the Account. The Account shall be interest bearing, with a rate of return equivalent
to that of other City interest bearing accounts in similar institutions. Any interest earned upon the
funds placed into the Account shall remain in the Account and shall be used solely for the purpose
of reimbursing the City, and crediting such reimbursements to the benefit of Santa Anita, in
accordance with the terms of this Agreement, OR (2) a separate trust account of the City in Santa
Anita's name, and maintained within the City's Trust Fund. Interest will be credited monthly to
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the account at the same rate, and manner, as other invested funds of the City based on the balance
being held in the account.
(c) If there are funds remaining in the above Account at the end of the term of
this Agreement, then such remaining funds shall be returned to the Applicant; provided, however,
. that no such refunds shall be made until the City determines, in its reasonable discretion, that all
L
reimbursement obligations of the Applicant under this Agreement have been satisfied.
(d) Immediately following the City's disbursement of funds to a Consultant
pursuant to a Consultant Contract, the City shall be entitled to draw upon the funds in the
Account in an amount sufficient to reimburse the City for the amount paid by the City to the
Consultant. The right of the City to withdraw from the Account to reimburse itself for Consultant
Costs shall not be contingent upon the Applicant's approval of the withdrawal; provided,
however: (1) the City agrees that it shall take full advantage of any discounts offered by the
Consultants prior to paying any Consultant Invoices to which such discount applies; and (2) that
in the event Santa Anita objects to the sums incurred by any Consultant as reflected in any
.Consultant Invoice, prior to payment of any further Consultant Invoices, the City, the applicable
Consultant, and Santa Anita shall meet and confer in good faith in an effort to resolve such
dispute. The City agrees to use reasonable and customary audit and verification procedures
relative to the payment of City funds to any Consultant. The City shall provide reasonably
detailed supporting documentation pertaining to any withdrawals from the Account upon written
request therefor from the Applicant.
The Applicant agrees to maintain a minimum balance of$5,000 in the Account at all times
relative to the Consultant Costs. Following the City's withdrawal of amounts from the Account to
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i
reimburse itself for expended Consultant Costs in accordance with this Agreement, the Applicant
shall, within ten (10) days following receipt of written demand from the City, replenish the
Account in the amount necessary to restore the account to the minimum balances described
above. Notwithstanding the foregoing, the Applicant agrees that its obligations under this
Agreement arise independently of the amount of funds, if any, in the Account. The Applicant's
iobligations to reimburse the City as set forth in this Agreement shall not be limited or educed by
the amount of funds, if any, in the Account but shall otherwise be subject to the cost control
provisions set forth in Sections 1-4 above.
7. Development Agreement. The City and Applicant agree to act diligently and use
their good faith efforts to negotiate and prepare a Development Agreement which would address
but not necessarily be limited to the following: the vesting of zoning, density, and intensity of
development pursuant to the Specific Plan; the nature and adequacy of mitigation associated with
Proposed Project implementation; the impact of the Proposed Project on the City and City
facilities; and the parties' ongoing cooperation in implementing the Proposed Project.
8. Timing. The parties agree to use their best efforts to process the Applications and
the Proposed Project Entitlements in accordance with the Proposed Project Entitlements Schedule
attached hereto as Exhibit "C". City acknowledges that the expeditious processing of the
Applicants is a material consideration for Applicant's decision to move forward with the Proposed
Project and to incur substantial costs in connection therewith. Minor deviations from the
Proposed Project Entitlements Schedule or adjustments agreed upon by the parties shall not be
deemed inconsistent with this section. Delays that are attributable to Applicant's failure to
provide written consent to the Consultants' scope of work shall not violate this Agreement and
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the Proposed Project Entitlements Schedule shall be tolled accordingly consistent with State and
local law.
9. Cooperation. All parties to this Agreement agree to cooperate in good faith in
implementing the Agreement. This cooperation shall include:
(a) The Community Development Administrator shall be designated"Proposed
Project Coordinator" on behalf of City and shall be responsible for coordinating, monitoring, and
facilitating City staff review of the Applications, all environmental documentation, and all other
submissions by Applicant and Applicant's consultants in connection with the Proposed Project.
(b) Unless and until otherwise agreed by the parties, Applicant, the Applicant's
consultants, the EIR Consultant, the Project Coordinator, and such other members of City staff as
shall be necessary or appropriate shall participate in Proposed Project-team meetings every two
weeks, or as appropriate, until the City Council has taken final action on the Applications. To the
extent that Consultants are required to attend Proposed Project-Team Meetings in excess of those
contemplated in the applicable scopes of work, Applicant acknowledges that additional costs
beyond those contemplated in the applicable Budgets may be incurred and, if so, Applicant shall
be responsible for such additional costs.
(c) The City Manager shall be authorized to act on behalf of City, in
implementing this Agreement. The City Manager shall coordinate with the Proposed Project
Coordinator and other members of the City staff as necessary or appropriate to ensure the
expeditious implementation of this Agreement.
(d) The Applicant, the Consultants, and the City staff agree to cooperate
reasonably with each other in providing non-confidential information necessary or appropriate to
sare agreement/la-123500 v4 12 3/12/97 6:06 pm
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preparing, reviewing, and processing the Applications, the Project Entitlement Documents, the
EIR, the Fiscal Reports, and other information related to the public review of the Proposed
Project.
(e) Project Manager for Applicant shall be its Vice President of Development.
. He shall be authorized to act on behalf of Applicant and shall be available to coordinate and
provide for all necessary communications, provision of information and other needs to ensure the
expeditious implementation of this Agreement and review of the Proposed Project.
10. City to Retain Discretion. Nothing contained in this Agreement, including,
without limitations, the City's agreement to process the Applications and Santa Anita's agreement
to reimburse the City for Consultants' costs in accordance with the terms hereof, shall be deemed
to commit or obligate the City in any way to approve the Proposed Project, any of the Proposed
Project Entitlements, or any other proposed land uses or entitlements with respect to the
Property, and the City expressly reserves its discretion to approve, reject, modify, or condition
same and to determine the final Project objectives. All such decisions of the City shall be made
only after full compliance with CEQA, and all other statutory and legal obligations, only after
considering all appropriate information and evidence, including such evidence which may cause
the City to disapprove any or all of the contemplated uses of the Property, and subject to the
City's ability to make all findings required by applicable law.
11. Defense of Litigation. The Applicant shall defend and hold harmless the City
against third party claims and suits challenging the Proposed Project including City's certification
of the EIR and/or any actions relating to land use decisions arising from the Proposec Uses. The
Applicant shall appear as real party in interest in any such third party action or proceeding and
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•
shall, at its cost, defend such action or proceeding. The relationship between City and Applicant
in implementing the foregoing defense agreement shall be set forth in a Joint Defense Agreement
to be mutually acceptable to City and Applicant. The Joint Defense Agreement shall address,
without limitation, the City's right to retain such legal counsel as the City deems necessary and
appropriate to participate as a party to the action; any budgets or cost controls applicable to such
services; the Applicant's reimbursement of the City for any and all reasonable and actual
attorneys' fees and costs incurred by the City in accordance with such cost controls; the control
and settlement of such litigation; the maintenance of the confidentiality of communications
between the parties; and the parties general joint cooperation in defending any legal action
contemplated by this Section.
12. Term. The term of this Agreement shall commence on the date that this
Agreement is signed on behalf of the Applicant and the City and approved by the City Council
and, unless earlier terminated pursuant to Section 13, shall terminate when all work required by
each Consultant Contract has been completed to the City's reasonable satisfaction and the
Applicant has satisfied all of its obligations under this Agreement including, without limitation, the
obligation to reimburse the City for Consultant Costs, whether or not paid by the City prior to the
date of termination. The Applicant's obligation to reimburse the City for work performed up to
the date of termination of this Agreement, as provided in this Agreement shall survive the
termination of this Agreement pursuant to this Section 12 or Section 13.
13. Early Termination. The Applicant may terminate this Agreement prior to the term
set forth in Section 12 upon prior written notice to the City. In the event the Applicant terminates
this Agreement prior to the end of the term set forth above, the Applicant shall satisfy all of its
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obligations under this Agreement to date of termination regarding reimbursement to the City of
Consultant Costs.
Either party may also terminate this Agreement upon the default of the other party as set
forth in Section 14 below. As soon as practical, but in no event later than five (5) business days
. following either the City's decision to terminate this Agreement or the City's receipt of written
notice indicating the Applicant's decision to terminate this Agreement, the City shall notify the
,
Consultants in the most expeditious manner possible, including telephonic communication, and
instruct them to cease work under the Consultant Contracts. The Consultants shall be instructed
to bill the City for any work completed to the date of termination of the Consultant Contract. The
City may draw upon the Account described in Section 6(b) of this Agreement to reimburse itself
for payments made to the Consultants following receipt of termination billing from the
Consultants. Consultant contracts shall not include provision.for payment of any termination fee
or costs attributable to reassignment, relocation, or termination of personnel, an all such
contracts shall authorize termination at the convenience of City consistent with this Section 13.
The Applicant shall reimburse the City for all Consultant Costs incurred up to and including the
date that the Consultants cease work pursuant to the City's notification, provided City has notified
Consultants to cease work consistent with this Section 13. The Applicant's obligation to
reimburse the City as provided in this Agreement shall survive the termination of this Agreement
pursuant to this Section 13.
14. Remedies Upon Default. An event of default shall be deemed to exist upon the
occurrence of all three of the following:
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(i) Either the City or the Applicant has, without legal justification or excuse,
breached any one or more of its obligations under this Agreement; and
(ii) The nondefaulting party has sent written notice to the party claimed to be
in default, specifying the default and what actions the nondefaulting party asserts should be taken
. to remedy the default; and
(iii) The party claimed to be in default has not, within ten (10) calendar days
following receipt of the written notice described above, either corrected the default or taken
actions reasonably satisfactory to the nondefaulting party, to remedy the default within a
reasonable period of time, but in no event longer than thirty (30) calendar days after receipt of the
written notice described above.
Following an event of default, the nondefaulting party may exercise any and all remedies
available to it pursuant to this Agreement, or at law or in equity, including, without limitation,
instituting an action for damages, injunctive relief, or specific performance.
15. Nonwaiver of Rights or Remedies. The failure of a party to exercise any one or
more of its rights or remedies under this Agreement shall not constitute a waiver of that party's
right to enforce that right or seek that remedy in the future. No course of conduct or act of
forbearance on any one or more occasions by any party to this Agreement shall preclude that
party from asserting any right or remedy available to it in the future. No course of conduct or act
of forbearance on any one or more occasions shall be deemed to be an implied modification of the
terms of this Agreement.
16. Assignability. This Agreement may not be assigned by Applicant without the
express written consent of'the City, which consent shall not be unreasonably withheld. City shall
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not withhold its consent to assignment of this Agreement in the event the following conditions
have been satisfied: (a)the assignee acquires more than 60% of the Property; (b) the Applicant
and the Assignee are prepared to execute an Assignment and Assumption Agreement pursuant to
which the Assignee will be subject to all of the terms and conditions of this Agreement; and
(c) the City Attorney affirms in writing that the Assignment and Assumption Agreement has been
reviewed by the City Attorney and is not inconsistent with the terms ,and conditions of this
Agreement. Upon approval by the City Attorney, the Applicant and the Assignee shall execute
the Assignment and Assumption Agreement and provide the City with a copy thereof.
Any attempted assignment of this Agreement not in compliance with the to s of this
Agreement shall be null and void and shall confer no rights or benefits upon the assigne .
17. No Oral Modifications. This Agreement represents the entire understanding of the
City and the Applicant and supersedes all other prior or contemporaneous written or oral
agreements pertaining to the subject matter of this Agreement. This Agreement may be modified,
but only by a writing signed by both the City and the Applicant. All modifications to this
Agreement must be approved by the City Council of the City of Arcadia.
18. Binding. Upon Successors. This Agreement and each of its terms shall be binding
upon the City, the Applicant and their respective officers, elected officials, employees, agents,
contractors, and permitted successors and assigns.
19. Attorneys' Fees. In the event that any action or proceeding, including arbitration,
is commenced by either the City or the Applicant against the other to establish the validity of this
Agreement or to enforce any one or more of its terms, the prevailing party in any such action or
proceeding shall be entitled to recover from the other, in addition to all other legal and equitable
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remedies available to it, its actual attorneys' fees and costs of litigation, including, without
limitation, filing fees, service fees, deposition costs, arbitration costs and expert witness fees,
including actual costs and attorneys'fees on appeal.
20. Jurisdiction and Venue. This Agreement is executed and is to be performed in the
. City of Arcadia, Los Angeles County, California, and any action or proceeding brought relative to
this Agreement shall be heard in the appropriate court in the County of Los Angeles, California.
The City and the Applicant each consent to the personal jurisdiction of the court in any such
action or proceeding.
21. Time is of the Essence. Except as otherwise expressly stated, time is of the
essence in the performance of every act required pursuant to this Agreement.
22. Covenant of Further Assurances. The City and the Applicant shall take all other
actions and execute all other documents which are reasonably necessary to effectuate this
Agreement.
23. Interpretation. The City and the Applicant agree that this Agreement is the
product of mutual negotiations and is an arms-length transaction. Each party has negotiated this
Agreement with the advice and assistance of legal counsel of its own choosing.
It is further agreed that this document is a product of mutual drafting efforts by both the
City and the Applicant and, accordingly, the rule that ambiguities in a document shall be
construed against the drafter of the document shall have no application to this Agreement. In
construing and interpreting this Agreement, the finder of fact shall give effect to the mutual
intention of the City and the Applicant, notwithstanding. such ambiguity, and may refer to the facts
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and circumstances under which this Agreement is made and such other extraneous evidence as
may assist the finder of fact in ascertaining the intent of the City and the Applicant.
24. Severability. If any term or provision of this Agreement is found to be ' valid or
r
unenforceable, the City and the Applicant both agree that they would have executed this
Agreement notwithstanding the invalidity of such term or provision. The invali term or
provision may be severed from the Agreement and the remainder of the Agreement may be
enforced in its entirety.
25. Headings. The headings of each Section of this Agreement are for the purposes of
convenience only and shall not be construed to either expand or limit the express terms and
language of each Section.
26. Representations of Authority. Each party signing this Agreement on behalf of a
party which is not a natural person hereby represents and warrants to the other party that all
necessary legal prerequisites to that party's execution of this Agreement have been s tisfied and
that he or she has been authorized to sign this Agreement and bind the party on whos behalf he
or she signs.
27. Notices. Notices required under this Agreement shall be sent to the following:
If to the City: City of Arcadia
240 West Huntington Drive
P. 0. Box 60021
Arcadia, CA 91066-6021
Attention: City Manager
Telephone No. (818) 574-5401
Facsimile No. (818) 445-5729
If to the Applicant: Santa Anita Realty Enterprises, Inc.
301 W. Huntington Drive, Suite 405
Arcadia, CA 91007
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Telephone No. (818) 574-5550
Facsimile No. (818) 574-5997
• Attn: Tom Austin
Notices given pursuant to this Agreement shall be deemed received as follows:
(i) If sent by United States Mail - three (3) calendar days after deposit into the
United States Mail, first class postage prepaid.
(ii) If by facsimile -upon transmission and actual receipt by the receiving party.
(iii) If by express courier service or hand delivery - on the date of receipt by the
receiving party.
The addresses for notices set forth in this Section may be changed upon written notice of
such change to either the City or the Applicant, as appropriate.
IN WITNESS WHEREOF, the parties to this Agreement have executed it as of the date
set forth below.
Dated: , 1997 CITY OF ARCADIA, a Municipal Corporation
By: _.
City Manager, City of Arcadia
ATTEST:
•
By:
City Clerk
APPROVED AS TO FORM:
City Attorney
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SANTA ANITA REALTY ENTERPRISES,
INC., a Delaware corporation
Dated: , 1997 By:
Its:
• ATTEST:
By:
Secretary of the Corporation
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•
•
EXHIBIT B
PROJECT OBJECTIVES
• Provide infill commercial activity which establishes a complementary mix of uses
which will provide continuity between the Santa Anita Racetrack and the Mall.
• Provide for more effective use of the surface parking lot area adjacent to the
Racetrack, which is underutilized, even during the racing season.
• Establish a unique activity area which serves as a commercial and entertainment
destination.
• Take advantage of the project site's excellent vehicular accessibility from both the
regional and local basis.
•
• Develop a fiscally viable project which has a positive long-term impact upon the
community tax and employment base.
• Provide a vehicular link and pedestrian pathways link between the SACC an. the
Santa Anita Fashion Park Mall.
• Provide.view corridors through the property which preserve views of the
grandstands from selected vantage points on the site.
, r
,
( l
` EXHIBIT C
SANTA ANITA COMMERCIAL CENTER
•
ENTITLEMENT PROCESSING SCHEDULE
1996 1 1997
ID Task Name O N D J F M I A M J J A S O N D J F
. 1 ENTITLEMENT DESIGN
2 Conceptual Design -2_ "k 11/18
3 Preliminary Cost Estimating 1212 g . rk 2/17
4 Financial Modeling 12/17 : '`=°_' 1/24
5 Financial Review&Acceptance 1/27 3" 2117
6 SPECIFIC PLAN
7 Develop Specific Plan
P p 2/3 ;" -� 4/3
8 Specific Plan SARE review d/4 4/24
9 Specific Plan Revisions 4/25 5/2
10 Submit Specific Plan to City for Approval Process 5/5 Itle 6/2
11 File Specific Plan Application/City Acceptance
.16/2
12 NOP Issued and Circulated 613 11111111 7/18
13 Traffic, Noise,&Air Quality Studies 3/24 6/13
14 Screencheck EIR 5/28 I b6/27
15 Simultaneous Review&Comment 6/30 7/17
16 Preliminary Draft Review/Meeting 7/18 7 X7/28
17 Release EIR Draft .1I7/28
18 Public Review Period 7/29_ITTITTET11 9/29
19 Response to Comments
9/8 SIT 10/17
20 Planning Commission Public Hearings
9/15 RTETTh 10/24
21 Final EIR I f
10/27 10/31
22 City Council Approval Public Hearings
11/3 12112
23 City Council Approval
12116
SARE Task ''w .25, ,+,. zu
Santa Anita Realty Enterprises Milestone(and/or less than one day task2
Tom D.Austin Summary
City Task
C:1ALEXFISACC\SCHEDULEIPRE-3.MPP Page 1 3/13/97. 9:06 AM
1
EXHIBIT I)-1 LSA Associates,Inc.
Envtronmental Analysis
c 976-1996 Transportation Engineering
0)9 Resource.Management
�sA Eco Community stoPlanning
o
Ecological Restoration
-'4linwersax f
Principals January 22, 1997
Rob Balen
Les Card Donna Butler
Steve Gran'holm City of Arcadia
Richard Harlacher 240 W.Huntington Drive
Roger Harris Arcadia, CA 91066 •
• Art Homrighausen
Larry Kennings
ttrilko Subject: Proposal for Specific Plan and Site Plan Review
George K
Carollyn Lobel!
Bill Mayer - Dear Donna:
Rob McCann
Rob Schonholtz •The following is LSA's proposal to review the Specific Plan and Site Plan for the
Malcolm J Sproul Santa Anita Commercial Center Specific Plan.
Associates
V
SPECIFIC PLAN AND SITE PLAN REVIEW
Deborah Baer
James Baum
Connie calico LSA will assist in the review of the Specific Plan and site plan for the Santa Anita
Steven W Conkling commercial development. The purpose of this review will be to facilltate agree-
Ross Dobberceen ment between the City of Arcadia and Santa Anita Realty Enterprises (SAKE) on the
Gary Dow structure and derails.of the Specific Plan, resulting in a staff report to die Planning
Kevin Finches Commission. In accomplishing this purpose, LSA will function as an extension of
Clint Kellner City staff, and will work closely with City staff, SARE, and SARE's design team. LSA
Karen Kirtland will perform the following tasks:
Laura Lauer
Benson Lee • Task 1 -Meet with the City of Arcadia and SARE to review project objectives
Sabrina Nicholls and the proposed schedule for the project (two meetings, December 18
w "Bill"O'Connell and 19)•
Anthony Petros
Brad Sturm
Jill Wilson • Task 2 -Review SARE's proposed Specific Plan schedule and advise City on
feasible methods to expedite process while ensuring appropriate City re-
view.
• Task 3-Meet with City and SARE to develop mutually agreed upon Specific
Plan content and submittal package details. Develop City apprPved check-
list of items and level of detail to be contained in the Specific Plan, define
project and site plan approval process, define project design detail and
features to be contained in the Specific Plan, and define process to deter-
mine completeness of the project proponent's Specific Plan (and all related
discretionary applications) submittal package (two meetings).
• Task 4 - Meet with and secure agreement between City and SARE and
SARE's design team regarding Specific Plan submittal requirements from
Task 3 (one meeting).
1,22;9 7'<[\CTA630'PRO POSALSP REVIEW.LTR>0
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ISA Associates,Inc.
1 `'.
• Task 5 - Review Specific Plan, site plan and related applications to deter-
mine completeness and whether submittal package meets City standards.
The review shall consist of assessing: 1) application completeness; 2) con-
sistency with the General Plan, 3) conformity to applicable City develop-
ment standards, 4) consistency with the Subdivision Map Act and Govern-
ment Code provisions regulating Specific Plans and Parcel Map Subdivi-
sions,and 5) conformity with the results of agreed upon submittal require-
ments from Tasks 3 and 4. Provide written comments to City (up to 22
hours of professional time).
• • Task 6 -Meet with Arcadia stiff to discuss Specific Plan and site plan work
products submitted by SARE (up to eight meetings).
• Task 7 - Meet with SARE to resolve issues resulting from Task 5, Specific
Plan Review(up to four meetings).
• Task 8-Provide assistance to City staff in the preparation of staff reports for
the Specific Plan and site plan (up to 12 professional hours).
• Task 9-Attend up to four public hearings on the Specific Plan and site plan.
• We propose to accomplish these tasks on an hourly basis consistent with the at-
tached rates and provisions. We estimate that a budget of$13,295 will be required
to accomplish the scope of work This amount will not be exceeded without your
authorization.
PROPOSED TASK BUDGET
Rob Frank
Galen Haselton Graphics WP
$110/hr. $110/hr. $55/hr. $50/hr. Reim. Cost
Task 1-Initial Meetings 8 365 3945
Task 2-Schedule 2 1 $270
Task 3-Develop Submittal Requirements 8 1 2 $1,090
Task 4-SARE Agreement 3 1 $380
Task 5-Review Specific Plan 16 6 4 5 $100 $2,990
Task 6-Meetings with City staff(8) 24 $200 $2,840
Task 7-Meetings with SARE(4) 12 $200 $1,520
Task 8-Assistance to City 8 4 2 $1,420
Task 9-Public Hearings(4) 14 $300 31.840
Hours 95 11 4 11 3865 $13,295
Total
Sincerely,
LSA ASSOCIATES, INC.
Robert W. Balen
Principal
Attachment: Standard Contract Provisions/Rates
•
122,974((:''.CI•A630 ROPOSALS PREVIEW.LTR>1
ISA Associates,Inc.
SCHEDULE OF STANDARD CONTRACT PROVISIONS
AND BILLIING RATES
FEES FOR PROFESSIONAL SERVICES
Fixed-Fee Contracts
If a fixed-fee proposal, the professional services described in the Scope of
Services section of the attached proposal shall be provided for the fixed fee
' • _ noted in the Compensation and Terms section of the proposal. All other pro-
fessional services are considered extra services. Extra services shall be provided
on a time and expenses basis at the same rates specified for hourly contracts
unless other arrangements are made in advance.
Hourly Contracts
If an hourly plus expenses proposal, the professional services described in the
- Scope of Services section of the attached proposal shall be provided on a time
. basis at current hourly rates. These rates are as shown on a Rate Schedl le that
is attached or can be made available. Hourly rates are subject to reviewiiat least
annually on or about July 1 each year, and may be adjusted to reflect changing
labor costs at our discretion at that time.
Out of pocket expenses shall be reimbursed at cost plus 10%, unless other
arrangements are made in advance, and are not included in the hourly fee for
professional services. Out of pocket expenses include, but are not limited to,
costs of: 1) reproduction of reports and graphics furnished or prepared in
connection with the work of the contract, 2) long distance teleph4ne and
telegraph charges, 3) laboratory services, 4) automobile travel at 31 cents/mile,
5) truck travel at 46 cents/mile, 6) other travel, subsistence,vehicle rental, and
lodging in connection with the work of the contract, 7) fees of specialised con-
sultants retained with the approval of the client and 8) facsimile transmittals at
one dollar per page.
The total estimated amount of time and expenses noted in the Compensation
and Terms'section of this proposal will serve as a control on the-services to be
provided. The specified amount will not be exceeded without prior approval of
the client.
FREQUENCY OF BILLING
Monthly invoices shall be submitted for progress payment based on work
completed to date. Out of pocket expenses shall be billed on the same mon-
thly invoice and shall be identified as a separate item.
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I SAAssociates,Inc.
PAYMENT OF ACCOUNTS
Accounts are due and payable upon receipt of invoice. A service charge of 11/2%
of the invoice amount (18% annual rate) may be applied to all accounts not
paid within 30 days of invoice date. Any attorney's fees or other costs incurred
in collecting any delinquent amount shall be paid by the Client.
TERMINATION OF SERVICES
These services may be terminated upon ten days written notice for good reason
by either party. In this event, payment for all services and expenses incurred
prior to the date of termination shall be due and payable upon receipt of final
invoice in accordance with the provisions of the foregoing section.
REVOCATION
- If this Schedule of Standard Contract Provisions is attached to a proposal, said
proposal shall be considered revoked if acceptance is not received within 90
days of the date thereof, unless otherwise specified in the proposal.
10/15 96«L:'.CORP CONTRACT.PRO„
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ISA Associates,Inc.
HOURLY BILLING RATES - EEkECTIVE OCTOBER, 1996'
Job Classification Hourly Rate*
PRINCIPAL $100-165
ASSOCIATE/PROJECT MANAGER $ 65-120
ASSISTANT PROJECT MANAGER $ 50-75
PRINCIPAL INVESTIGATOR/PROJECT SCIENTIST $ 45-75
ENVIRONMENTAL ANALYST/ASST. PLANNER/ASST. ENGINEER 40-60 _
FIELD DIRECTOR(ARCHAEOLOGY/PALEONTOLOGY/BIOLOGY) 35-50
RESEARCH ASSISTANT/TECHNICIAN 25-50
FIELD CREW 15-40
GRAPHICS $ 55
OFFICE ASSISTANT $ 35
WORD PROCESSING $ 50
Revised October, 1996
The hourly rate for work involving actual expenses in court, giving
depositions or similar expert testimony, will be billed at 3200 per hour
regardless of job classification.
10/15/96•L:''CORP`CON"I'RAC .PRO>• 3
•
I 1
EXHIBIT D-2
•
REVISED PROPOSAL FOR THE
SANTA ANITA COMMERCIAL CENTER
SPECIFIC PLAN ENVIRONMENTAL
IMPACT REPORT
January 22, 1997
Prepared for:
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91066
Prepared by:
LSAAssociates, Inc.
1 Park Plaza, Suite 500
Irvine, California 92714
(714)553-0666
LSA Project #CTA633
,
LSA Aasociates,,rnc
1.0 INTRODUCTION
This proposal is for preparation of an Environmental Impact Report (EIR) for
the proposed Santa Anita Commercial Center Specific Plan. LSA has structured
the environmental review prociss to include early identification of potential
issues and identification of mitigation measures. The EIR for the Santa Anita
Commercial Center Specific Plan will be based on the project description and
Specific Plan application package to be submitted to the City. We will prepare
a Project EIR, providing project level environmental clearance under CEQA.
We will make maximum use of the baseline information developed for the
previous environmental analysis for the Santa Anita Entertainment Center to
reduce repetitive research and analysis.
The following scope of work defines the tasks and requirements for all tasks
through certification of the EIR.
12:x97.41:`,CI'A633\RE'E1R.Pao"
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TABLE OF CONTENTS
PAGE
• 1.0 INTRODUCTION 1
2.0 SCOPE OF WORK 2
2.1 PROJECT START UP 1 2
2.2 INITIAL STUDY AND NOTICE OF PREPARATION 1 2
2.3 ENVIRONMENTAL IMPACT REPORT 3
2.4 PREPARATION OF DRAFT EIR 1 12
2.5 PREPARATION OF FINAL EIR • 1 13
2.6 PROJECT MANAGEMENT , 14
2.7 DELIVERABLES SPECIFIED 14
2.8 MEETINGS SPECIFIED 14
3.0 PROPOSED PROJECT SCHEDULE 15
4.0 PROPOSED PROJECT BUDGET 16
ATTACHMENTS
A-PROPOSED PROJECT SCHEDULE
B -STANDARD CONTRACT PROVISIONS AND BILLING RATES
C -PROPOSED PROJECT BUDGET
1R2197"c:'•.C;A633\REVE1R.PIt0 i i
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2.0 SCOPE OF WORK
The following is the scope of work proposed by LSA.
2.1 PROJECT START UP
Initial Team Meetings To Establish Approach
At the outset of the project, three organizational meetings will be conducted to
assure the efficient and successful completion of the Environmental Impact
Report (EIR). LSA will meet with City of Arcadia staff and the applicant to
develop a mutual understanding of the issues to be addressed in the EIR and
the approach to be taken in preparing the EIR. LSA will review the results and
conclusions of previous studies and define the requirements for completion of
the EIR These tasks will result in a final revised scope of work for inclusion
into a contract with the City of Arcadia. Three meetings are specified.
Project Description
LSA will review a preliminary project description prepared by the applicant.
The preliminary project description shall be reviewed for completeness and
use in the environmental analysis in the EIR. The project description shall
contain sufficient information to analyze traffic, noise, air quality, and fiscal
impacts. The preliminary project description shall also contain fixed locations
for vehicular and pedestrian access that will not change. LSA will utilize this
preliminary project description to begin technical analysis and to prepare a
project description for the Initial Study and Notice of Preparation.
•
Project Initiation
LSA will prepare a final revised scope of work, schedule, City contract, and
internal management program for completion of the tasks in the scope of work.
2.2 INITIAL STUDY AND NOTICE OF PREPARATION
Utilizing the City's standard checklist, LSA will prepare a draft Initial Study and
Notice of Preparation (IS/NOP) for the proposed Specific Plan. The NOP will
include a brief description of the Specific Plan, and will identify the process for
completing the EIR A discussion of each checklist item in the IS will help focus
the environmental review included in the EIR.
The draft IS/NOP and distribution list will be based on the previously prepared
Screencheck EIR IS/NOP. The IS/NOP will be provided to the City for review
and comment. Upon approval by the City, LSA will distribute the IS/NOP for
public review. LSA will assist the Ciry to gather additional public input at a
public scoping meeting. LSA will provide assistance at one scoping meeting,
I22/97N1:',CM633 RLVEIR.PRO» 2
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utilizing graphics, text, notices, and other support provided by the applicant
and/or City staff.
LSA will review all comments received on the NOP and at the scoping meeting.
If any comments raise new environmental issues that are not already!identified
in the NOP,LSA will identify their implications, and provide a prompt report to
the City. •
2.3 ENVIRONMENTAL IMPACT REPORT
Approach
The SantaAnita Commercial Center Specific Plan EIR will include, to the extent
possible, existing environmental information from the environmental docu-
mentation from the previous entertainment center Specific Plan. However,
new analysis of the proposed project is required based on the new project
description. The following components will ensure that the Santa ita Com-
mercial Center EIR is completed efficiently.
• LSA will review the preliminary EIR prepared for the previous Specific
Plan submittal, and make necessary revisions to ensure that the new EIR
will provide project level environmental clearance under CEQA. A new
component called Project Features will be added to describe project
components that mitigate or substantially lessen potential project im-
pacts for each environmental topic. This component will identify pro-
ject features that will mitigate-potential impacts resulting from the pro-
posed project, obviating the need for additional mitigation.
• LSA will complete technical studies, documents and environmental
impact discussions based on the revised project description. The revi-
sion of these documer is and sections will require updated graphics to
show the new project boundary, new site plan, circulation pattern and
the revised land use mix.
• Maximum use of the baseline information developed for the previous
environmental analysis for the Santa Anita Entertainment Center will
reduce repetitive research and analysis.
Data Requirements
LSA's proposal is based upon the following information being supplied to LSA
by the project applicant or the City:
1. Initial Study/NOP - Preliminary Santa Anita Commercial Center Specific
Plan shall be submitted with sufficient project detail to prepare traffic,
air, noise, and economic studies. Project details shall include a site
plan, fixed access driveways and City approved drive aisles'', a descrip-
tion of land use types with square footage for each type, and final park-
ing plans and counts, consistent with City code requiremenits.
I22197.[:•.CTA653\RE`/EIR.PRO>' 3
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ISA Associates;Inc
2. EIR Preparation Phase-City approved Specific Plan application package,
including final site plan, proposed project renderings and building.
elevations suitable for preparation of a visual impact analysis, concept
landscaping plans,parcel maps, and other detailed plans as specified by
the City.
3. Hydrology analysis and drainage plan.
4. On-site and off-site Infrastructure Improvement Program.
5. Two dimensional drawn or compiled perspective project renderings
with accurate background.
6. Final on-site circulation analysis and parking demand analysis.
The following describes the scope of work to update, revise and prepare the
technical studies utilizing data received from the applicant as specified above.
Technical Studies by ISA
Traffic/Circulation Analysis
LSA will update and revise the traffic and circulation analysis based on the new
project description to determine the circulation system needs for future traffic
demands and the potential circulation impacts associated with the development
of the proposed Santa Anita Commercial Center (SACC) Specific Plan. Much of
the baseline analysis has been prepared as part of the previous project applica-
tion, and is still considered useful for this revised analysis. This includes the
majority of the existing traffic volume and level of service calculations, the
development of the future traffic conditions (consistent with the recently ap-
proved General Plan conditions) and the foundation for the project trip distri-
bution. Therefore, this scope of work identifies those tasks necessary to pre-
pare the traffic impact analysis revision, using as much of the original work as
possible.
Task 1 -Data Collection
The majority of the data necessary to complete this revised analysis has been
collected as part of the original work effort. To comply with the Congestion
Management Program requirements, however, LSA is required to use traffic
• counts collected within a one year period from the initiation of the analysis for
all CMP intersections. Therefore, LSA will collect a.m. and p.m. peak hour
traffic counts at the one CMP intersection within the study area, Rosemead
Boulevard/Huntington Avenue. In addition, and at the City's request, LSA will
collect a.m. and p.m. peak hour turn movement counts and will analyze four
additional intersections:
• Duarte Road/Las Tunas Boulevard
• Langdon/Huntington Drive •
• Baldwin Drive/I-210 Eastbound Ramps
• Baldwin Drive/I-210 Westbound Ramps
1122/97.4(:•,0 A.633\ E/E1R.PRO>' 4
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These intersection turn movement counts will be collected during the race
season. The traffic data at Rosemead Boulevard/Huntington Drivel will be
collected according to CMP monitoring requirements, and will be compared to
the count previously conducted at this location during the 1995 race season.
For purposes of this scope of work, all other data necessary to prepare the
revision have been collected.
Task 2-Existing Condition
The existing setting was prepared as part of the previous analysis, and will be
used in this revision. The level of service at the CMP intersection of
Rosemead/Huntington will be revised based on the new traffic counts. Levels
of service will be determined and reported for the four additional intersections.
Task 3-Future Cumulative Conditions
Forecast future year traffic conditions were developed as part of both the Gen-
eral Plan update and the previous SACC analysis. This future cumulative condi-
tion will be used for the analysis revision.
Task 4-Project Impacts
Daily and peak hour trips will be generated for the proposed project for the
average weekday and Saturday scenarios. Trip generation rates will be based
on the ITE Trip Generation manual, Fifth Edition. Internal trip capture, due to
the mix of uses, and potential pass-by trip activity, due to the interv'ning op-
portuniry the proposed project affords,will be estimated and accounted for at
the project driveways. The resulting net effective trip generation will provide
the basis to determine project related circulation impacts.
Project generated trips will be distributed through the project area to local and
regional destinations based on the trip distribution patterns developed for the
previous analysis. These trip distribution percentages will be adjusted to reflect
any changes in access as a result of the revised project description. The result-
• ing project trip assignments will be overlaid onto the existing and future traffic
bases to determine the existing and future plus project scenarios, respectively.
Project impacts will be determined for intersections within the pro,ect study
area based on the ICU/HCM analysis methodologies for intersections. The •
study area will include key intersection locations within the City of Arcadia, as
well as regional CMP facilities, such as the I-210 freeway, as determined by the
CMP criteria. Intersection levels of service and freeway volume tb capacity
ratios will be developed for the four analysis scenarios for all study area inter-
sections.
1/2197«1:•.CTA633\REVFIR.PRO>, 5
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The project contribution to intersections and freeway mainlines will be deter-
mined as a proportion of total new traffic at each location. This task will assist
in the determination of fair share allocations to circulation improvements.
For any intersection or freeway segment that is forecast to exhibit overcapacity
operations, mitigation measures will be recommended. These mitigation mea-
sures will be generally prioritized in terms of safety and level of service. In
addition, improvements to transit service and implementation of TDM strate-
gies will be evaluated as mitigation measures to reduce the volume of traffic
generated by the proposed project.
Task 5- On-Site Circulation and Parking Analysis
LSA will review the on-site circulation and parking analysis provided by the
project applicant to ensure that potential traffic generation and impacts are
consistent between off-site and on-site analyses.
Noise Analysis
The Noise Analysis will be revised based on new traffic analysis results. This
technical analysis will use the same methodology and the model will remain
virtually as it is,with the exception of new traffic noise levels. Task 1 will be to
assess and update the baseline information. Tasks 2 and 3 will update model-
ing results.
Task 1 -Baseline Noise
The existing baseline noise setting was prepared for the previous analysis, and
will be used in this revision. This information will be reviewed and updated.
Task 2-Short Term Impacts
Potential short-term impacts such as those associated with construction activi-
ties will be qualitatively addressed for noise sensitive receptors in the vicinity of
• the construction area. Construction equipment, hours of operation, duration,
and equipment use peaks, if provided by the project proponent,will be utilized
to identify appropriate measures to reduce construction noise levels, as neces-
sary. The application of City noise ordinances or ocher guidance to control
construction noise will be discussed.
Task 3-Long Term Impacts
Long-term noise impacts generated by project related roadway traffic will be
assessed in terms of potential noise increase at existing sensitive receptors. The
traffic volumes calculated for the proposed project will be utilized in deter-
mining the potential noise impact of the project. Noise levels will be predicted
1!229741:'.CTA633\RE'/EIR.PRO' 6
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using the FHWA Noise Model for the existing condition, future with project
(average weekday), future without project (average weekday), future with
project (weekend), future without project (weekend), and up to three alter-
native project scenarios. Noise impacts will be assessed in terms of the commu-
nity noise equivalent Ievel (CNEL).
Other project related noise issues, such as noise from parking lot activities and
stationary equipment associated with the proposed project,will be addressed.
Existing and future modeled noise exposures for the project and surrounding
area will be presented in tabular format and compared to noise standards
outlined in the City's Noise Element. Any noise sensitive receptors that exceed
acceptable limits will be identified, and mitigation will be recommended to
minimize project related noise impacts. The EIR section will be updated, and
input/output tables will be provided for the EIR appendix. No technical report
will be provided.
Air Quality Analysis
The Air Quality Analysis will be updated based on the revised project descrip-
tion and the traffic generation resulting from the new traffic numbers' in LSA's
updated traffic/circulation report. This technical study will remain virtu'ally as it
is,with the exception of the modeled, updated emission levels.
Task 1-Baseline Air Quality
The existing baseline air environment was prepared as part of the previous
analysis, and will be used in this revision. This information will be reviewed
and updated based on the new project description, any changes in air quality
monitoring, and any changes in emission factors.
Task 2-Short Term Impacts
Short-term construction related impacts, such as fugitive dust generated by
grading and demolition activities, exhaust emissions associated with on-site
• construction equipment, and off-site import/export of materials, will be esti-
mated. Amounts of grading, construction phasing, and types and numbers of
construction/grading equipment shall be provided by the applicant.
Task 3- Operational Impacts
The operational air quality impacts of the proposed project will be estimated
using the most current emission factor program developed by GARB and com-
pared to the significance threshold criteria suggested by the SCAQNMD, for the
proposed project, no project, and up to three alternative project scenarios.
Emissions associated with motor vehicles, consumption of natural gds on site,
t22,9 7"t t.CtA633\RE'/EIR.?RO»
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Distance Zones
Views of the project site will be analyzed by establishing three basic viewing
distance zones. These distance zones characterize the dominant visual charac-
ter from a vantage point, and describe the view in terms that can be quantified
and compared.
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Foreground. Foreground views include elements that can be seen at a close
distance and that dominate the entire view.
Middle Ground. Middle ground views include elements that can be seen at a
moderate distance and that partially dominate the view.
Background. Background views include elements that are seen at long dis-
tance and typically do not dominate the view, but are part of the overall visual
composition of the view.
Descriptive Visual Characteristics
The visual characteristics of the existing project area, the surrounding areas and
landforms near the project site will be categorized based on descriptive visual
characteristics. These visual characteristics are defined by topographic condi-
tions, vegetative cover, development intensity and land uses, as follows.
Urban. This visual description will be refined after site reconnaissance and
analysis of photographs.
Semi-Urban. This visual description will be refined after site reconnaissance
and analysis of photographs.
and Foothills. This visual description Disturbed Inland Valleys a tion will be refined p
after site reconnaissance and analysis of photographs.
Threshold of Significance for Visual Analysis
Appendix G of the State CEQA Guidelines indicates that a project wit normally
have a significant effect on the environment if it will:
• Conflict with adopted environmental plans and goals of the community-
where it is located; and/or
• Have a substantial, demonstrable, negative aesthetic effect.
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In addition, the relationships between the severity of the impacts to specific
visual characteristics, the location of the visual impacts relative to sensitive land
uses, and the direct viewing opportunities associated with these visual impacts
will be used to determine substantial aesthetic effect.
Visual Impact Analysis and Mitigation Measures •
The visual impact analysis will utilize the existing conditions described earlier
in the report, and will allow an analysis of before and after conditions through
the use of sight lines, cross sections, and photographs with wire frame building
• envelopes added indicating the positions of proposed structures. The photo-
graphs will depict existing conditions in the study area. The goal of the wire
frame views provided by the applicant is to allow an examination of the visual
effects of the proposed project as viewed from key viewpoints selected by the
City. The wire frame views submitted by the applicant shall be 11'x17' color
reproducible, suitable for use in the EIR. Analysis of three of the wire frame
views has been included in the budget.
Screencheck EIR Tasks
LSA will prepare a Screencheck EIR that incorporates the revised project and
results of the revisions and updates to the technical studies identified above.
Executive Summary
This chapter will summarize the project description, impacts and mitigation
measures for the project. A table summarizing the impacts of the project will
be provided in the Preliminary Draft EIR (DEIR).
Introduction
This chapter will describe the environmental procedures that are being fol-
lowed, as well as the major areas of concern and controversy. A description of
the previous proposal will be included to differentiate the current proposal. In
• addition, the adoption of the City of Arcadia General Plan will be described,
along with discussion of its relevance to the proposed project.
Project Description
This chapter describes text developed for the Specific Plan describing the pro-
ject objectives and the components/characteristics of the proposed project.
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• 1 Setting Impacts and Mitigation Measures
The following sections will be provided (as described under the previous Santa
Anita Entertainment Center EIR scope of work):
Earth Resources
Water.Resources
Land Use
Aesthetics
Hazardous Waste
Public Services
Traffic and Parking
Noise
Air Quality
Cultural Resources
The setting,methodology, and threshold of significance will be bas-d, in part,
on the recently adopted General Plan.
For a detailed description of each of the previous environmental topics, please
refer to the previous Santa Anita Entertainment Center EIR scope of work.
Cumulative Impacts
The cumulative impacts of the project will be described within the context of
future development within the City of Arcadia or a cumulative stud area deter-
mined with the assistance of City staff. This analysis will be based on future
anticipated development and redevelopment identified by the City within a
defined study area, generally within the City itself. Analysis was not completed
as part of the previous work for the partial EIR, and will have to be written.
Alternatives
No work on alternatives was performed for the previous Entertainment Center
EIR.
Three alternatives to the proposed Specific Plan will be assessed in the new
work effort for this EIR The description of each of the alternatives will be
developed in conjunction with staff; preliminarily, we propose to consider the
following alternatives for the project:
1. No build, i.e., existing development on site
2. Reduced intensity development.
3. Development of a mixed use concept within the project boundary,
which includes residential.
4. Design alternative -same use and square footage, with different design.
5. Office park.
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Alternatives will be broken into two categories: feasible alternatives, and alter-
natives considered and rejected. Alternatives will be considered and rejected if
they fail to achieve fundamental project objectives.
Growth Inducing Impacts
The potential growth inducing aspects of the project will be discussed. This
assessment will take into consideration the developed nature of the surround-
- ing area and the decisions made by the City as part of the General Plan Update
process completed in early 1996.
CEQA Mandated Sections
The following topics will be addressed.
1. Irreversible and irretrievable commitment of resources
2. Unavoidable adverse impacts.
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2.4 PREPARATION OF DRAFT EIR
LSA will prepare a Screencheck Draft EIR that incorporates new analysis for the
Specific Plan. Responses to the City's comments on the Screencheck EIR will be
incorporated into a Preliminary Draft EIR The mitigation monitoring program
will be included in the Preliminary DEIR. We suggest that a working meeting
be scheduled with City staff and LSA so that immediate closure can be reached
on revisions required to the DEIR document. In LSA's experience, this process
greatly reduces the requirement for time-consuming multiple revisions to the
document.
LSA will submit the preliminary DEIR to the City for review and comment. It is
specified that the comments on the preliminary DEIR will be limited to clarifica-
tion of the text, and that no new significant issues will be raised. LSA will
incorporate these comments into a signature pre-print Draft EIR for the City's
final approval before circulation. Upon authorized City signature, LSA will
prepare the DEIR for circulation to the public, including preparation of the
DEIR distribution list and reproduction of the document. Noticing in newspa-
pers of availability of the DEIR is the responsibility of the City.
LSA will prepare a mitigation monitoring program, pursuant to California
Public Resources Code Section 21081.6. The monitoring program is intended
to ensure that conditions are implemented during construction. The monitor-
ing program will contain: 1) an inventory of mitigation measures, 2) timing for
implementation (e.g., prior to issuance of grading permits), 3) responsible staff
or agency assigned to monitor implementation, and 4) a check box showing
compliance/non-compliance.
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2.5 PREPARATION OF FINAL EIR
During the Final EIR.(FEIR) process, LSA will prepare the following deliver-
1 abler:
1. Responses to Comments on the DEIR
2. Draft Findings
3, Draft Statement of Overriding Considerations
4. FEIR Package.
Response to Comments
During the public review period, as comments,on the DEIR are received LSA
will prepare responses to those comments. LSA will prepare draft responses to
all comments received during the public review process. Where co ments
refer to items prepared by other consultants, the project applicant, or e City,
LSA will rely on those sources to prepare the draft response. The re ponces
will be assembled into the Response to Comments component of the iEIR for
review and comment by City staff. LSA will meet with City staff to review staff
comments on the proposed response to comments document. We specify that
one round of revisions to the Response to Comments document . be re-
quired, and that total professional staff time spent on responses sh not ex-
ceed 74 hours, and word processing and graphics time spent will not e.need 38
hours.
Final EIR
Following City review of responses to comments, LSA will prepare a p oposed
FEIR, which will consist of the Response to Comments and supportin techni-
cal materials,as well as modifications, if any, that need to be made to tle DEIR
document in the form of an errata or addendum document. A revision to the
DEIR that incorporates the Responses to Comments is not specified.
Findings and Statement of Overriding Considerations
] • LSA will prepare findings of fact supporting the conclusions of the proposed
FEIR to be incorporated into a City resolution certifying the FEIR as adequate
and complete. If the FEIR identifies significant unavoidable impacts, LSA will
11 also prepare a Statement of Overriding Considerations. This docu ent will
meet the requirements contained in Sections 15091 through 15093 of he State
CEQA Guidelines, and will fully address all facts and findings, project enefits,
and the balancing required of a statement of overriding conside tions by
-,] decision makers.
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2.6 PROJECT MANAGEMENT
LSA proposes an active project management of the EIR effort, in coordination
with City staff. LSA will follow our well defined and rigorous Quality Control
Plan and Procedures adopted by our Principals in October, 1993. Of primary
importance in this task are meetings required with City staff and representatives
of the applicant to review work progress and identify concerns and issues
throughout the process. The project management role provides a mechanism
to ensure that there is adequate exchange of information developed during
project start-up and throughout preparation of the EIR Important elements of
this task will be to maintain the project schedule, control the budget, coordi-
nate subconsultants, and facilitate the City's oversight of the preparation of the
DEIR and FEIR Since there is a substantial amount of information that is avail-
able under the previous environmental work effort, the number of coordina-
tion meetings that would be required is greatly reduced. LSA specifies no more
than ten coordination meetings, averaging two hours duration.
The Project Manager and Principal in Charge, Mr. Rob Balen, will attend one
EIR scoping meeting, one Planning Commission workshop and up to two
public hearings. Mr. Balen or Deborah Baer will attend these specified meet-
_ ings as directed by the City. Mr. Balen has a conflict on the second and fourth
Tuesdays of each month, and is not available on these days.
2.7 DELIVERABLES SPECIFIED
We specify the following deliverables:
Screencheck EIR(no color, no 5 @ $25 = $125
summary/MMP)
Preliminary DEIR (full document) 5 @ $50 = $250
Signature DEIR(pre-print approval) 1 @ $50 = $50
DEIR 50 @ $50 = $2,500
DEIR Appendices 50 @ $20 = $1,000
Draft Response to Comments 5 @ $20 = $100
Final Response to Comments 50 @ $20 = $1,000
• FEIR Package (excluding DEIR) 20 @ $10 = $200
Finding/Statement of Overriding . 5 @$ 5 = $25
Considerations
Total $5,250
2.8 MEETINGS SPECIFIED
Initial Coordinating Meetings 3
Scoping Meetings 1
Coordination Meetings 10
Public Hearings/Workshops 3
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I3.0 PROPOSED PROJECT SCHEDULE
The proposed project schedule is shown on Attachment A to this proposal. We
recognize that timely completion of this project is a very important factor.
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4.0 PROPOSED PROJECT BUDGET
We propose to accomplish these tasks on an hourly basis, consistent with the
attached standard contract provisions and billing rates (Attachment B). We
estimate that a budget of$ 79,665 (shown in Attachment C) will be required to
accomplish the scope of work. This amount will not be exceeded without your
authorization.
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ATTACHMENT A
PROPOSED PROJECT SCHEDULE
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PROPOSED PROJECT SCHEDULE
Task Dates
1. NOP Prepared, Issued and Circulated 2/18-4/7
2. Technical Studies Completed 5/12
3. Screencheck EIR Distributed for Review by Team 6/16
4. Screencheck EIR Team Review 6/17-6/30
5. Preliminary Draft EIR Team Review. 7/10-7/20
6. Release Draft EIR 7/25
7. Public Review Period 7/25-9/8
8..Planning Commission Hearings 8/1-9/4
8. City Council Hearings 9/5-10/21
9. Certified EIR 10/21
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ATTACHMENT B
STANDARD CONTRACT PROVISIONS AND BILLING RATES
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LSA,4ssdclaPds,Mc, • , •.
SCHEDULE OF STANDARD CONTRACT PROVISIONS
AND BILLING RATES
FEES FOR PROFESSIONAL SERVICES
Fixed-Fee Contracts
If a fixed-fee proposal, the professional services described in the Scope of
Services section of the attached proposal shall be provided for the fixed fee
noted in the Compensation and Terms section of the proposal. All other pro-
fessional services are considered extra services. Extra services shall be provided
on a time and expenses basis at the same rates specified for hourly contracts
unless other arrangements are made in advance.
•
Hourly Contracts
If an hourly plus expenses proposal, the professional services described in the
Scope of Services section of the attached proposal shall be provided on a time
basis at current hourly rates. These rates are as shown on a Rate Schedule that
is attached or can be made available. Hourly rates are subject to review at least
annually on or about July 1 each year, and may be adjusted to reflect changing
labor costs at our discretion at that time.
Out of pocket expenses shall be reimbursed at cost plus 10%, unless other
arrangements are made in advance, and are not included in the hourly fee for
professional services. Out of pocket expenses include, but are not limited to,
costs of: 1) reproduction of reports and graphics furnished or prepared in
connection with the work of the contract, 2) long distance telephone and
telegraph charges, 3) laboratory services, 4) automobile travel at 31 cents/mile,
5) truck travel at 46 cents/mile, 6) other travel, subsistence,vehicle rental, and
lodging in connection with the work of the contract, 7) fees of specialized con-
sultants retained with the approval of the client and 8) facsimile transmittals at
one dollar per page.
The total estimated amount of time and expenses noted in the Compensation
and Terms section of this proposal will serve as a control on the services to be
• • provided. The specified amount will not be exceeded without prior approval of
the client.
FREQUENCY OF BILLING
Monthly invoices shall be submitted for progress payment based on work
completed to date. Out of pocket expenses shall be billed on the same mon-
thly invoice and shall be identified as a separate item.
122197 44 I:\GTA633'REVEIR.PRO>' 20
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PAYMENT OF ACCOUNTS
Accounts are due and payable upon receipt of invoice. A service charge of 1 1 a
of the invoice amount (18% annual rate) may be applied to all accounts not
paid within 30 days of invoice date. Any attorney's fees or other costs incurred
in collecting any delinquent amount shall be paid by the Client.
TERMINATION OF SERVICES
These services may be terminated upon ten days written notice for good reason
by either party. In this event, payment for all services and expenses incurred
prior to the date of termination shall be due and payable upon receipt of final
invoice in accordance with the provisions of the foregoing section.
REVOCATION
If this Schedule of Standard Contract Provisions is attached to a proposal, said
proposal shall be considered revoked if acceptance is not received within 90
days of the date thereof, unless otherwise specified in the proposal.
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HOURLY BILLING RATES - EFFECTIVE OCTOBER, 19968
•-
Job Classification Hourly Rate
PRINCIPAL $100-165
ASSOCIATE/PROJECT MANAGER $ 65-120
ASSISTANT PROJECT MANAGER $ 50-75
PRINCIPAL INVESTIGATOR/PROJECT SCIENTIST $ 45-75
ENVIRONMENTAL ANALYST/ASST. PLANNER/ASST. ENGINEER $ 40-60
FIELD DIRECTOR (ARCHAEOLOGY/PALEONTOLOGY/BIOLOGY) $ 35-50
RESEARCH ASSISTANT/TECHNICIAN $ 25-50
FIELD CREW $ 15-40
GRAPHICS $ 55
OFFICE ASSISTANT $ 35
WORD PROCESSING $ 50
Revised October, 1996
The hourly rate for work involving actual expenses in court, giving
depositions or similar expert testimony, will be billed at $200 per hour
regardless of job classification.
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ATTACHMENT C
PROPOSED PROJECT BUDGET
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•
SANTA ANITA COMMERCIAL CENTER EIR
Card Ilalen IIaselton Petros Brody Wilhelm Baer Amling Cho WP/Support Dow Reimb. Total
150 110 110 - 95 90 60 80 70 45 50 70
Project Start lip/Management 28 4 • 1 20 6 5j $5,440
Initial StudyiNOP,Scoping Meeting 6 6 2 3 4 $200 $1,800
Revise/Prepare Technical Analysis ,
_ Trafftcr'Circulation Report 8 68 50 5 3 $1,500 $12,620 •
Noise Analysis 22 8 5100 $2,720 \l
Air Quality Analysis - • 22 8 $100 $2,720 _
Prepare Screencheck EIR 4 $1,000 tli $1,440
Earth Resources 2 6 2 4 • $790
\A'atcr Resources 1 3 6 2 4 $970
land the 1 9 2 2 4 - $1,620
Aesthetics 8 -2 16 6 4 $2,800
llazardous Waste 4 2 $280
Public Services 4 6 2 $650
Tra fic,Circulation 1 2 8 4 $1,100
dry Norse 4 2 1 $490
b4 Air Quality 1 4 2 1 $600
H Cultural Resources 4 • 2 3 1 $805
td
H Growth Inducing . 3 • 16 2 $1;710
�y Cumulative Impacts 3 16 2 $1,710
I Alternatives 3 16 2 4 $1,990
La CEQA Sections 1 8 • 2 $770
. Executive Summary 2 16 2 $960 /: .\i
Preliminary Draft EIR - 1 16 30 20 30 $250 Ri $6,660
Draft EIR 1 16 16 40 16 3 $4,000 of $9,840
Response to Comments , 4 30 10 20 10 34 4 tai $8,530
Findings/Overriding Considerations 6 2 8 $1,160
,1MRP,Pinal Ellt 2 6 16 $1,300 Ri $2,660
r
Progress AfectingsiPublic Hearing 39 12
4 $600 tsi $6,230
Deliveries and Misc. Reimbursables $600 $600
15 172 15 82 44 50 84 145 143 131 37
$2,250 $18,920 $1,650 $7,790 $3,960 1 $3,000 $6,720 $10,150 $6,435 $6,550 $2,590 $9,650 _ $79,665
(" Includes in-house Copies.
iri The number and estimated cost of documents arc specified In Section 2.7 of the Scope of Work. Should the number or per unit cost differ from that which Is specified herein,
L
a budget adjustment will be warranted.
i', lip to ten progress meetings and three public hearings/workshops are specified.
FEF-10-1997 17:24 FROM RED G, EAR ASSOC
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ALFRED GOBAR ASSOCIATES raiRligfi
February 10, 1997 EXHIBIT IBIT Ei
Mr. William R. Kelly, City Manager
• CITY OF ARCADIA
240 W. Huntington Drive
Arcadia, CA 91066
Subject: Proposed Fiscal Analysis of Santa Anita Commercial Complex
Dear Mr. Kelly:
The analysis will address the fiscal implications associated with the entertainment-commercial
complex currently being considered by the City for approval. Preliminary information
suggests that the project scale totals approximately 500,000 square feet in size and consists of
a large cinema complex, big-box retail anchors, and a mixture of in-line and pad locations
serving community- and regional-oriented consumer demands. The proposed analysis is
strictly limited to the defined project without consideration extended to project alternatives,
including alternatives addressed in accordance with CEQA requirements. Anticipated fiscal
effects are evaluated in terms of the continuing annual effect resulting upon project buiidaut.
The analysis does not address fiscal implications of project phasing or interim development. A
primary objective of the analysis is to identify the project's net fiscal effect with regard to two
operating concerns of the City; namely, the ability to fund the cost of public services, and.the
ability to fund the cost of capital improvements associated with project development.
The proposed fiscal analysis will utilize research information used to support pertinent f ndings
of analysis previously prepared for the Santa Anita Entertainment Center Specific Plan
(SAEC). Specific documents that represent the most probable data resources for this analysis
include:
• City of Arcadia - Two Year Operating Budget: Fiscal Years 1995-1997
• Fiscal Impact Handbook
• Impact Assessment
• Draft Screen check - SAEC Fiscal Impact Report
• Draft Screen check - SAEC Economic Impact Report
The proposed fiscal analysis will also rely on the project proponent or other City-designated
representative to provide the following types of information:
• Project description, including site improvements, building improvements, site activity, etc.
• Cost of direct capital improvements representing municipal infrastructure responsibilities.
721 Kimberly Avenue, Ffacent'.a.GA 92870-a343 (714) 524-1000 FAX(714) 524-0149
' FEB-10-199? 17:`'" FROM ALFRED I3OEAR ASSOC - Ti I 1818z:',479173 F' I1',' iv
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Mr. William R. Kelly - ALFRED GOBAR ASSOCIATES
Februrary 10, 1997
Page 2
Utilizing the information resources described above, a fiscal impact analysis report is prepared
in accordance with our standard reporting format tlt will:
• Describe of the proposed project and assumed levels of on-site economic performance.
• identify project-generated sources of fiscal revenue accruing to the General Fund Budget.
• Identify project-related public service responsibilities and fiscal expense accruing to the
General Fund Budget.
▪ Estimate the cost of municipal infrastructure improvements created directly by project
development.
• Identify the net annual fiscal benefit/(burden) resulting from full development and
occupancy of proposed on-site improvements and activities.
• Describe net annual fiscal effects in terms of the project's ability to generate annual fiscal
revenue in excess of corresponding fiscal expense.
Five copies of the completed study document will be submitted for review by City Staff. One
revision of the completed analysis, based on internal review by City Staff, is provided plus one
informal presentation-of critical findings by a senior member of Alfred Gobar Associates.
Additional study meeting presentations or report revisions will be billed on a time-and-
materials basis.
The above described analysis represents a rather straightforward approach with considerable
emphasis placed on existing information resources to support critical findings and
determinations. The analysis does not constitute a markct feasibility study or address the
probable marketability of activities proposed at the site location. Instead, the analysis
identifies and discusses the proposed project in the context of the ongoing net annual fiscal
effect that can be anticipated upon buildout. The analysis also identifies residual funding
capacity that remains to pay the cost of municipal infrastructure improvements after first
meeting fiscal (public service) responsibilities.
Alfred Gobar Associates has prepared fiscal impact analyses for numerous site-specific
development projects and for government agencies investigating the fiscal benefit of land use
development and policy alternatives. In addition, Alfred Gobar Associates has been retained
by County-level governments to evaluate fiscal effects resulting from operation of govcrnment-
owned facilities such as golf courses, marinas, museums, etc. Recent clients for which fiscal
and economic impact studies have been prepared include the County of Riverside, County of
Kern, County of Ventura, California State Department of Transportation (CALTRANS),
County of Orange Environmental Management Agency, Orange County Flood Control
District, Fountain Valley Redevelopment Agency, City of Escondido, City of Yorba Linda,
City of Brea, City of Chula Vista, City of National City, City of Rialto, City of Placentia,
City of West Covina, City of Indio, City of La Habra, City of San Bernardino Economic
Development Agency, City of Anaheim, City of Westminster, City of Murrieta and City of
Diamond Bar.
F?A7P5'L'"i'ER'.ARCAaIA DOC
FEB-10-1997 17:25 FROM - "'_FRED GOEAR ASSOC TO 18184479177 P.04
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Mr. William R. Kelly ALFRED GOS-NR ASSOCIATES
Fcbrurary 10, 1997
Page 3
Staff written publications related to fiscal analysis include the following:
• "Economic Impact of the San Diego Stadium, ,fan Diego State Journal of Business.
• "Real Estate Broker or Landlord?" :_ • _ • , , 3 •v- +3 IS
• "Lease or Sell Public Lands," presented at the Western Finance Association Meeting,
Boulder, Colorado.
• •. "Possible Flaws in Analysis of Municipal Capital Expenditure," presented at the W stern
Finance Association Meeting, Corvallis, Oregon.
+ "Economies of Scale in City Government?" Western Regional Science Association, San
Diego, California.
• "Law Enforcement Manpower Allocation."
+ "City Budgets Relative to City Size."
• "Do Economies of Scale Exist in City Government?"
• "How to Evaluate and Build on Your C ity's Best Assets for Attracting Business," Western
City.
It is expected that the entire analysis will require approximately 5 to 6 weeks in order to
complete and submit a report to City Staff for internal review. The total cost to complete the
described analysis is $9,800, excluding direct time and materials cost for travel and me°tings
or report revisions not explicitly described in the above workscope. We are prepared authorization to
proceed.
If you have any questions please'don't hesitate to give me a call.
Sincerely
ALFRED GOBAR ASSOCIATES
AIonzo Pedrin
cc: Donna Butler
Robert Balen
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F:1APPs,L.TTFAi'aticAolw.°CC
-.MAR-13-9T 09:46 Fr railich Kaufman Fcx Sohaa; 'k'0-44d-7613 T-0:1T P.02/C3 14101e69L
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LAW OFFICES
ROBERT H. FReILICH, P.G. X23 FREILICH, KAUFMAN, FOX 8 SOHACI IN MISSOURI
MARTIN L. LEITNER, P.C. Q P.aNT14L-08 M1• INCwD1 NO PROP C361ONA1..CGN POR.TIONG FA@a1Gn.LEITNCA S L .0
FICHARD G. CARLISLE. P.C. a 000 PLAZA weST.4400 MAO1�OP.
EIENJAMIN KAUFMAN ' 10960 WILSHIRE BOULEVARD, SUITE 1270 .taNSAS CRY.M166 4d0 a+1> cols
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•
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ELIZABETH A. GARVIN 5.4 (3IO) 444.7000
LAWN R. ANDREWS
DAVID G. RICHARDSON 4.S �)
GAMIC) W. CIUSP1=A •
•
RECYC:ED P�Yra
TERRY P. KAUFMANN MACIAS '
OF `OUNS" March 13, 1997
L,)y11TTE0 IN CA' M0 K5"Tic' OFD NC'
VIA TELEFAX AND FIRST CLASS MAIL
•
Michael H. Miller, City Attorney
City of Arcadia
240 W. Huntington Drive
Arcadia, California 91006
-Re: Legal Services
Dear Mike:
Subject to your direction, Freilich, Kaufman, Fox & Sohagi will
perform the following tasks on an hourly rate basis:
Environment review and related land use services:
Review of environmental documents, rendition of advice
to EIR consultants, preparation of redrafts of portions of
environmental documentation, attendance at meetings on
an "as needed" basis, and preparation of legal opinions.
The level of services we will provide will be based on a budget of
$12,000 for these services.
F-1
„ '* t ,MAR-13-97” 09.:46 From:Freilich, man Fox Sccazi 310-444-7' T-097 P.03/03 Job-831
•
•
FREILICH, KAUFMAN, Fox 8 SOHAC!
•
Mike Miller, City Attorney
March 13, 1997
Page 2
•
HOURLY RATES
Benjamin Kaufman $185
Deborah J. Fox 175
Margaret Moore Sohagi 165
Tcrry P. Kaufmann Macias 160
Dawn R. Andrews 150
Paralegals 85
We look forward to working with you on this project.
Sincerely,
/r
J
MARGARET M. SOHAGI
of FREILICH, KAUFMAN, FOX & SOHAGI
mms\millerIltr
70147-COO
• p l • 4
• t
KANE, BALLIN:IEFR & BERKMAN
A �::• CC 7PQ O•T.Of.
3i= 3V'J;N t !Li'LERCA STREET. yL"TE 1$5Cf,
LOS AN EL'F..S, C.. L FORNIA 90071 .
(5:7":".460
MURRAY O. KANE C6 • '2 3, ,'-5 `•S31 ROBERT P. BERKMAN•
PCTiw ED
BRUCE 0. BALLMER
GLENN F W. SSERMAN
R. BRUCE TEPPEP, JR EUGENC @, JAC085
JOSEPH W. PANNONE A PROPCSs.oNAL CORPORATION
ROYCE K. JONES March 12, 1997 Or COunSEL
•STEPHANIE A SCHER
PRINCIPALS �/L,7�
Michael H. Miller, Esq. `"`°`----'�� n
City Attorney • R 21997 1
• City of Arcadia
240 West Huntington Drive
Arcadia, CA 91007 ClTyAi ORNEy OFFICE'
• Re: Santa Anita Project
Dear Mike:
Subject to specific direction from you, our firm will provide assistance with regard to a
development agreement for the above project. Such assistance may include preparation and
review of the agreement, participation in meetings on an :.s needed basis, provision of legal
advice and drafting of documents and legal work on related issues. The level of services we will
providc will be based on a budget of 512,000 for those services.
•
Very truly yours,
KANE, BALLMER & BERKMAN
•
Jo ph W. Pannone
•
F-
1 `s
M
EXHIBIT G
SART COMMERCIAL CENTER - CONSULTANT AND REIEMBURSABLE COSTS
3/12/97
Consultant and Reimbursables Costs
Estimated City Reimbursables $5,710
LSA Associates-Specific Plan $13,295
LSA Associates - EIR $79,665
Alfred GobarAssociates -fiscal $9,800
Freilich, Fox & Sohagi-legal $12,000
Kane, Ballmer and Berkman -legal $12,000
Total Costs** $132,470
y
Page 1
.rte:
sow
-774t -11
STAFF REPOR
DEVELOPMENT SERVICES DEPARTME S
March 18, 1997
TO: Mayor and City Council ,
• FROM: Donna Butler, Community Development Administrator /41P
•
SUBJECT: INTRODUCTION of Ordinance 2069,An Ordinance of the City Council
of the City of Arcadia, California, deleting Code Sections 9283.8.7 and
9283.8.8 of the Arcadia Municipal Code relating to the front yard wall and
fence heights, and creating new Code Sections establishing new height
limitations and architectural design guidelines for walls,wrought iron
• fences,columns and lighting in the front yard areas.
SUMMARY
The City Council at it's March 4, 1997 meeting approved Text Amendment 97-001,
creating new Sections of the Municipal Code which establish new height limitations for
front yard walls, fences, gate entrances and lighting, and set forth architectural design
guidelines for decorative columns,wrought iron fencing and lighting. Definitions of said
architectural/aesthetic requirements have also been addressed along with allowable
"Exceptions" to the new standards. The City.Council directed staff to prepare the
appropriate ordinance for introduction at a later meeting.
Attached is Ordinance No.2069:
An Ordinance of the City Council of the City of Arcadia, California, deleting
Code Sections 9283.8.7 and 9283.8.8 of the Arcadia Municipal Code relating to
front yard wall and fence heights, and creating new Code Sections which establish
new height limitations and architectural design guidelines for walls, wrought iron
fences, columns and lighting in the front yard areas (Text Amendment 97-001)
• The City Council should move to introduce Ordinance 2069 as attached.
Attachment: Ordinance 2069
APPROVED BY: LASER IMAGED
William R. Kelly. City Ntana.ze: