HomeMy WebLinkAboutJanuary 3, 2006, ~ ~; ~
~ ~~uF~~v4 ' MEETINGAGENDA ~~~
Arcadia City Council/Redevelopment Agency
~~. ~ TUESDAY, ]ANUARY 3, 2006
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This agenda contains a summary of each item of business which the Council may discuss or act on at this meeting. The mmplete staff
report and all other written documentation relating to each item on this agenda are on fle in the offce of the City Clerk and the
reference desk at the Arcadia Public Library and are available for public inspection and review. If you have any questions regarding
any matter on the agenda, please call the office of the City Clerk at (626) 574-5455. In compliance with the Americans with Disabilities
Act, if you need speaal assistance to participate in a City Council meeting, please contact the City Manager's office at (626) 5745401
at least three (3) business~days before the meeting or time when special services are needed. This noUfcation will help City staff in
making reasonable arrangementr to provide you with aaess to the meeting.
6:00 p.m., City Council Chamber Conference Room
ROLL CALL
AUDIENCE PARTICIPATION -(5 minutes per person)
CLOSED SESSION
a.
b.
•
STUDY SESSION
a.
Pursuant to Govemment Code Section 54956.9(a) to meet with legal counsel regarding the case of Vahe
Manoukian v. City of Arcadia, et al. (Pasadena Superior Court Case No. GC034867).
Conference with Real Property Negotiators (Government Code Section 54956.8)
55 W. Huntington Drive
21 Morlan Place
28 W. Santa Clara Street
41 W. Huntington Drive
35 W. Huntington Drive
27 W. Huntington Drive
Paul Rusnak
Wendy Doo (Church in Arcadia)
Don and Ray Dahlgren
Manuel De ]esus Romero
Gary and Dan Braun (35 W. Huntington Partners)
Richard Fisher (Templekadian)
Negotiating Parties - Agency Deputy Executive Director and
Under Negotiation - Price and terms of payment
Report and Discussion regarding City Council retirement/insurance beneftr
7:00 p.m., in the Council Chamber
INVOCATION
PLEDGE OPALLEGIANCE
ROLL CALL
REPORT FROM STUDY AND/OR CLOSED SESSION (AS NECESSARY)
MOTION TO READ ALL ORDINANCES/RESOLUTIONS BY TITLE ONLY AND WAIVE READING IN FULL
,
PUBLIC HEARING ~
~II interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items
of tonsideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect
to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else
raised at or prior to the time of the Public Hearing.
1. PUBLIC HEARING - ARCADIA REDEVELOPMENT AGENCY
a. Resolution No ARA 218, a resolution of necessiN for the acauisition of a fee interest in certain real
p_ropertv more oarticularly~escribed as assessors parcel numbers 5775-025-030 and 5775-025-U31. 6q
eminent domain for redevelooment ourooses for the Central Redevelooment Project Area in the Citv of
Arcadia. California.
Recommendacion: Adopt
2. PUBLIC HEARING - CITY COUNCIL
a. Resolution No 6500 authorizing the Ar[adia Police De~artment to use funds allocated from the Citizens'
O~tion for Public SafeN - Suoolemental Law Enforcement Servi~es Fund (~9P5-SLESFI for the ouroose of
front line police services.
Remmmendation: ~Adopt
AUDIENCE PARTICIPATION -(5 minutes per persan)
REPORTS FROM ELECTED OFFICIALS
3. ARCADIA REDEVELOPMENT AGENCY EXECUTIVE DIRECfOR REPORT
a. Desig~ Review - 125 N First Avenue.
Recommendation: Approve
• b. pesian Review - SOl W Huntinaton Drive.
Recommendation: Approve
4. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY
a. Minutes of the November 26. 2005 Soecial Meetina and the Decemb er 6 2005 Rea ular Meetino.
Recommendatlon: Approve .
b. FY 2004-OS Redevelo mo ent AgQ~ State Controller. State Housino and Communit v Develooment. Blioht
Removal Proaress. Loan and Propertv Reoorts.
Recommendation: Receive and File
CONSENT CALENDAR - CITY COUNCIL
c. Minutes of the November 28 2005 Special Meetin9 and the Decemb er 6. 2005 Reaular Meetina.
Recommendadon: Approve
d. FY 2004-DS Redevelo mo ent qgesyy State Controller. State Housina and Communit v Development. Bliaht
Removal Proaress Loan and Prop~ Reoorts.
Recommendation: Receive and Fle
e. Ordinance No 2214: calling a municioal bond election for the ouroose of submittina to the electors of the
Citv of Arcadia a measure providina for the acquisitiom m~struction installation and imorovement of a
arade seoaration for Santa Anita Avenue: dedaring the estimated cost of the municipal imorovemen[s, the
Recommendation: Adopt
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. f, Resolutlon No. 65D9 aoorovina the tax rate statement. authorizing members to file written arauments in
favor of the measure. directing ~reoaration of imoartial analvsis and authorizina members [o f le written
. rebuttals for the G old Line or ade seoaration measure on the Aoril 11. 2006 ballot.
~ Remmmendation: Adopt
g. Resolution No. 65 07, aoorovi no the aooeal of Tentative Map 63552 for a 5-lot subdivision at 1221-5 South
Second Avenue an d I50 Eas[ La Sierra.
Recommendation: Adopt ~
h. Resolution No 65 0@, settina forth orima facie soeed limits. ~
~ Recommendation: Adopt .
I. Purchase two (~ 2006 black and white oatrol cars in the amount of 548.446.55 from Pasadena Ford
~~
Recommendatlon:
Approve
, j. 2405 Water Suool v Assessme nt (WSA) for the Caruso Project at the Santa Anita Race Tra[k.
Recommendation: Approve ~
k. Newcastle Park Ha ndball Cou rt Liohtina Standards.
Recommendatlon: Approve
AD]OURNMEN7
The Cry Coundl will adjoum this meeting in memory of Harold Kidd to January 17, 2006, 6:00 p.m. in the Gty Coundl
Qiamber Conference Room.
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CLOSED SES5ION
a.
b.
ANNOTATED AGENDA
ArcadiaCityCouncil/RedevelopmentAgency ~O
TUESDAY, 7ANUARY 3, 2006 ~ ~
Pursuan[ [o Govemmen[ Code Section 599569(a) to meet with legal counsel regarding the case of Vahe NO REPORTABLE
Manoukian v. City of Arcadia, e[ aL (Pasadena Supenor Court Case No. GC0348fi7). ACTiON
Conference wi[h Real Property Negotiators (GOVernmen[ Code Section 54956.6)
55 W. Huntin9ton Dnve
21 Morlan Plare
28 W. Santa Clara Stree[
41 W. Huntingron Drive
35 W. Huntingto~ Drive
27 W. Huntington Drive
Negotlating Parties - Agenry
Pa~l Rusnak
Wendy Doo (Church in Arcadia)
Don and Ray Dahlgren
Manuel De ]esus Romero
Gary and Dan Brdun (35 W. Huntington Partners)
Richard Fisher (TemplekadianJ
Deputy Executive Direc[or and
Economic Development Manager
Under Negotiation - Prire and terms of payment
STUDY SESSION
a.
Report and Discussion regarding City Council retirement/insurance beneftr
NO REPORTABLE
ACRON
NO REPORTABLE
ACTION
PUBLIC HEARING
1. PU6LICHEARING-ARCADIAREDEVELOPMENTAGENCY
a. Resolu[ion No. ARA 218 a r 5 lu i n of n i f r h ui i i n of a fee interest in < rtain real CONTINUED TO
Drooer[v more oarticuladv descn6ed as assessors oarcN numbers 5775-025-030 and 5775-025-031, 6v MARCH 7, 2006
eminent domain for redeveloomen[ ourooses for the Central Retlevelooment Proiect Area in [he Cib of
Ar[adia. California.
Rerommendation: Adop[
2. PUBLICHEARING-CITYCOUNQL
a. Resolution No. 6500 authorizino the Arcadia Police Deoartment to use funds allocated from the Citizens' APPROVED
Ootion for Public Safetv - Suoolemental Law Enforcement Services Fund (COPS-SLESFl for the oumo~ of 5- 0
fmnt line oolice services.
ReCOmmendation: Atlop[
3. ARCADIAREDEVELOPMENTAGENCYE7(ECU7IVEDSRECfORREPORT
a. Desian Review - 125 N. Firs[ Avenue APPROVED
4-1
Wuo-no
Recommendatlon: Approve
b. Desian Review - 101 W. Huntinoton Drive. APPROVED
Recommendatlon: Approve 5 - 0
4. CONSENTCALENDAR-ARCADIA REDEVELOPMENTAGENCY
a. Mi utes of the No e ber 28 2005 Soecial Meet' o and the Derembe 6 2005 Rea lar Meetino APPROVED AS
AMENDED
Recommendation: Approve 5 - 0
b, FY 2004-OS Redevelooment Aaencv State Con[mller State Housina and Communi[v DeveloomenL BI'oht APPROVED
Removal Prooress. Loan an0 Prooertv Reoorts. 5- 0
Recommendation: Receive and File
CONSENTCALENDAR•CITYCOUNCIL
a Min f November 28 2005 i I M i d th D c mber 6 2 R I r M in . pPPROVED AS
AMENDED
Recommendatlon: Approve 5 - 0
d. FY 2004-05 Redevelooment Aaencv S[ate Controller State Housina and Commun N De elooment Bliah[ APPROVED
Removal Pro9ress Loan and Prooertv Reoorts 5- 0
Rewmmendation: Receive and File
e. Ordinance No. 2214, callina a munitioal bond election for the ouroose of submittino to the electors of the APPROVED
Gb of Ar[adia a measure orovidina for [he a[au s tiom m~stmction installation and imo ovement of a 5- 0
arade seoaratlon for Santa AniW Avenue~ declarina the estlma[ed mst of [he municioal imorovemenu, the
amoun[ of the orincioal of the inde6tetlness to be incurred therefore and the maximum rate of interest to
i h r n makm mvi i f h nd collection of taz fxin da of the election as
Aonl Il 2006 antl the manner of holdina the same: and orovidino for notice thereof.
Rerommendation: Adopt
( I ion N. a vm h z r te temen[ authorizin m m r to fl wri en ar um n in APPROVED
, favor of the measure Oirectina oreoaration of imoartial analvsis and authorizino members to file written 5- 0
rebuttals for Che Gold Line arade seoa aCOn measure on the Aoril 11 2006 6allo[
Recommentlation: Atlopt
g. Resolu ion N. 6 07 r vin h a eal of Tentative Ma f r I u divi ion at 1221 5 ou h APPROYED
Second Avenue and 150 East La Sierra. 5- 0
Recommen0atlon: Adopt
h. ~ Rewlution No. 6508. settina forth orima facie soeed limits. APPROYED
Recommendatlon: Adopt 5 - 0
I. Pu chase rivo (2) 2006 black and whire oatrol cars in the amount of 548 448 55 f om Pasadena Ford AVPROVED
om an . 5 - 0
Remmmentlatlon: Approve
j. Wa r u I m n W r th r so Pm e at th n Ani Track. APPROVED
Rewmmendation: Approve 5 - 0
k, Newcastle Park Handhall Court Lioh[ina Standards. pPVROVED
Rewmmendation: Approve 5 - 0
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MINUTES
Arcadia City Council/Redevelopment Agency
TUESDAY, ]ANUARY 3, 2006
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6:00 p.m., City Council Chamber Conference Room
ROLL CALL
PRESENT: Council/Agency Members Chandler, Kovacic, Marshall, Segal, and Wuo
ABSENI": None
AUDIENCE PARTICIPATION -(5 minutes per person)
CLOSED SESSION
Robert Pontell, representlng the Westfield Corporation, noted that he would defer his public comments to the the
Regular Open Session portion of tonight's meeting.
a. Pursuant to Government Code Section 54956.9(a) to meet with legal counsel regarding the case of Vahe
Manoukian v. City of Arcadia, et al, (Pasadena Superior Court Case No. GC034867).
b. Conference with Real Property Negotiators (Government Code Section 54956.8)
55 W. Huntington Drive
21 Morlan Place
28 w. Santa Clara Street
41 W. Huntington Drive
35 W. Huntington Drive
27 W. Huntington Drive
STUDY SESSION
Paul Rusnak
Wendy Doo (Church in Arcadia)
Don and Ray Dahlgren
Manuel De Jesus Romero
Gary and Dan Braun (35 W. Huntington Partners)
Ri[hard Fisher (Templekadian)
NegotiaUng Parties - Agency Deputy Executive Diredor and
Economic Development Manager
Under Negotiation - Price and terms of payment
a. Report and Discussion regarding Clty Council retirement/insurance benefitr
Bill Kelly, CiTy Manager, presented the report; he outlined the various processes by which Council Members may
interact with the Public Employees Retirement System (PERS) system regarding retirement and insurance benefitr; he
further noted that the City Council does not need to take any formal policy action in order to participate in the PERS
svstem.
7:00 p.m., in the Council Chamber
INVOCATION Bob Sanderson, Police Chief
PLEDGE OF ALLEGIANCE George Fasching, former City of Ar[adia Mayor
ROLL CALL PRESENT: Countil/Agency Members Chandler, Kovacic, Marshall, Segal, and Wuo
ABSENT: None
SUPPLEMENTAL INFORMATION FROM CITY COUNCIL
Mr. Kelly noted that ftem S.a on tonight's agenda will be continued to March 7, 2006 at 7:00 p.m. to allow Arcadia Redevelopment
Agency staff appropriate time to discuss additional property acquisition issues with the affected property owners.
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48:0002
REPORT FROM STUDY AND/OR CLOSED SESSION (AS NECESSARY)
Steve Deitsch, City Attorney, reported that the City Council met tonight In Closed Session in order to discuss two (2) matters on
the agenda. The Council also met to conduct a Study Session. There was no reportable action taken by the City Council on any of
the items.
MOTION TO READ ALL ORDINANCE$/RESOLUTIONS BY TITLE ONLY AND WANE READING IN PULL
A motion was made by Council Member Chandler, seconded hy Council Member Marshall, and wrried without o6jection to read
all ordinances/resolutions by title only and waive reading in full.
PUBLIC HEARING
All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of
consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to
any Public Hearing item on this agenda, you may 4e limited to reising only those issues and objections which you or someone else
raised at or prlor to the time of the Public Hearing.
PUBLIC HEARING - ARCADIA REDEVELOPMENT AGENCY
a. Resolution No ARA 218 a resolution of necessiN for the acauisition of a fee Interest in certain real
propertv more oarticularly described as assessors uarcel numbers 5775-025-030 and 5775-025-031, bv
eminent domaln for redevelo~ment purposes for the Central Redeveiopment Proiect Area in the Ciri of
Arcadia, California.
Recommendation: Adopt
This item was continued to the March 7, 2006 City Council/Arcadia Redevelopment Agency meeting.
2. PUBLTC HEARING - CITY COUNCIL
a. Resolution No 6500 authorizina the Arcadia Police Deoartment to use funds allocated from the Citizens'
Oation for Public Safetv - Suuulemental Law Enforcement Services Fund lCOPS-SLESF) for the puroose of
front line oolice servkes.
Recommendation: Adopt
SWff Report Bob Sanderwn, Police Chief, presented the report; staff noted that each year, the State legislature considers
supplemental funding for local police departments under the COPS program; with City Council approval in 1997, the
Police Department created a Crime Analysis Unit for the COPS-SLESF funds; in November 2005, $500,000 was received
in COPS-SLESF funds and the Department proposes to continue funding the crime analyst positions' salary and
benefits.
Pu61ic Testimony None.
Motion to Close A motion was made by Council Member Chandler, seconded by Council Member Marshall, and noting no further
Public Hearing objection the Mayor closed the public hearing. ~
City Council None. .
Deli6eration
Motion A motion was made by Council Member Chandler, seconded by Council Member Kovacic and carried on roll call vote to
adopt Resolution No. 6500, a resoluUOn of the City Council of the City of Arcadia, California, authorizing the Arcadia
Police Department to use funds allocated from the Citizens' Option for Publi[ Safety-Supplemental Law enforcement
Services Fund (COPS-SIESF) for the purpase of front line police services.
Roll Call AYES: Council/Agency Members Chandler, Kovacic, Marshall, Segal, and Wuo
NOES: None.
01-03-2006
48:0003
AUDIENCE PARTICIPATION -(5 minutes per person)
Sherry Passmore Curtis, appeared to speak regarding items 4.b. and 4.d. on tonight's Consent Calendar and make a
public records request.
Robert Pantell, representatlve from the Westfield Corporation, appeared [o speak regarding item 4. j. on the Consent
Calendar.
REPORTS FROM ELECTED OFFICIALS
MARSHALL Wished the community a Happy New Year; announced her New Year's Rewlution of "not making any resolutions" and to try to do
her best every day of the year.
SEGAL Wished the community a Happy, Healthy New Year; noted that 11 individuals have pulled Nomination Papers for the upcoming
CiTy Council election for Council Members; encouraged all members of the public to participate in the election by following the
electlon campaign process:
CHANDLER No comments this evening.
KOVACIC Wished~the community a Happy New Year; noted that he attended the Pasadena Tournament of Roses and congratulated all the
youth participantr of the parade, especially the Arcadia resident who was a member of the Rose Court; announced his
Resolutions for the New Year, which included: encouraging residents to participate in building a better communiTy rather than
rely strictly upon City services, keep shopping and visiting Arcadia merchants and restau2nts, and make it a point to reach out
to neighbors of different ethnic and cultural backgrounds; he closed b y encouraging all members of the public to participate in
the up[oming election process.
WUO Wished the community a Happy New Year; commented that many of his projects Intluding: educating merchantr on the Arcadia
sign codes and encouraging residentr to get to know their neighbors were successful in the past year and he looks forward to
their continued success; he ciosed by announcing that 7anuary 29th is the Chinese New Year and that this is the "Year of the
Dog."
3. ARCADIA REDEVELOPMENT AGENCY EXECUTIVE DIRECTOR REPORT
a. Design Review - 125 N. Frst Avenue.
Recommendation: Approve
Don Penman, Assistant City Manager/Development Services Director, and Lisa Flores, Senior Planner, presented the report; staff
noted that the applicant is requesting approvai of the architectural design for a new 24-hour Fitness health club at 125 N. First
Avenue; staff is recommending approval subject to the conditions of approval.
In response to inquiries from Aqen[y Member Kovacic, staff provided Information regarding the current code standards for fitness
[Iubs, including parking space requirementr, and their opinion regarding the applitability of the~existing code for a larger-scale
fitness club; in addition, they provided information regarding additlonal parking around the proposed site. ~
Lora Wheeler, property manager for 24 Hour Fitness, and Sarah Drobiu, a professional engineer, appeared to respond W traffic
and transportation inquirles regarding the proposed project.
Council Member Marshall noted that the proposed project was an attractive business for this particular corner of the City
Wuo - having a problem with the code, if we are so far away then something is wrong.
Staff noted that a review of the code in light of projects of this scale may be required in the future.
Motion A motion was made by Agency Member Segal, seconded by Agency Member Marshall, and carried on roll call vote to approve the
architectural design review for a new health club at 125 N. First Avenue, subject to the conditions of approval.
Roll Call AYES: Council/Agency Mem6ers Segal, Marshall, Chandler, and Kovacic
NOES: Wuo
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48:0004
. b. Desian Review - 101 W. Huntinaton Drive.
~ ~ Remmmendation: Approve
Ms. Flores presented the staff report; staff noted that the applicant is proposing to rehabilitate an existing 4,686 square foot
vacant bulding and construct a new drive-through canopy with two teller unitr for a new Citizens 8ank at 101 W. Huntington
Drive; staff is recommending approval of this design review, subject to the conditions of approval.
In response to an inquiry from Agency Memher Kovacic, staff provide informatlon regarding the location of the drive-through
canopy and the hours that lighting would~ be provided for customers. .
Agency Mem6er Chandler noted that previous usages for this property had not been successful and was encouraged that tonight's
mm~ncad iica wnnld inrtraw tha rhanrPC fnr Innn-tarm curracc nf thic mm~artv. -
Motion A motion was made by Agency Member Marshall , seconded by Agency Mem6er Segal , and carried on roll call vote to approve the
design review for 101 W. Huntington Drive subject to [he conditions of approval.
Roll Call AYES: Council/Agency Members Marshall, Segal, Chandler, Kovacic, and Wuo
NOES: None.
4. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY
I h0 Uty AROffIBy f10t0~ LOdt MS. UItt15 flldy ObCd10 CI70 COROCC fORl1 tOf OttlCldl Pul]IIC feCOftlS ~eqUPSC tCOm the l;lty CIefK'S otti[e
during regular husiness hours.
Mr. Kelly requested that the following items be pulled from the Consent Calendar for sepa2te consideration by the City
Council/Arcadia ~Redevelopment Agency: Items 4. b., 4. d., and 4. j.
a. Minutes of the November 28 2005 Soecial Meetinq.and the December 6. 2005 Reaular Meetinq_
Recommendation: Approve
Mr. Kelly requested that the minutes be amended to reflect that Chris Sutton and Manny Romero, appeared at the
5:00 p.m. Closed Session (December 6, 2005) to address the City Council regarding item to the land acquisition, added
to the minutes.
Council/Agency Member Kovacic requested that the City Council action on item l.b. on the December 6, 2006 minutes,
be amended to reFlect the castr for the three intersections at Michillinda be prorated and added to the Impact Fee
Analysis and that an amended Resolution, reFlecting this action, be placed on a future agenda for Coun[il action.
b. See below litem pulled from Consent Calendar for separate considerationl
CONSENT CALENDAR - CITY COUNCIL
c. Minutes of the November 28. 2005 Special MeetlncLand the December 6. 2005 Reaular Meetina.
Recommendation: Approve
See item 4. a. above.
d. See below litem oulled from Consent Calendar for seQarate considerationl
e. Ordinan[e No 2214 callina a municipal bond election for the purpose of submittina to the electors of the
Ciri of Arcadia, a measure orovidina for the acouisition, construction, installation and imorovement of a
orade separation for Santa Anita Avenue: declarina the estimated rnst of the municipal imorovements. the
amount of the principal of the indebtedness to be incurred therefore. and the maximum rate of interest to
6e oaid thereon• makingprovision for the levy and collection of taxes; fixina the date of the election as
Aoril 11. 2006 and the manner of holding the same• and providinq for notice thereof.
Recommendation: Adopt
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48:0005
~ f, Resolution No 6509 aporovina the tax rate statement authorizina members to file written arauments in
: favor of the measure. diredinq orewration of Imoartial analysis and authorizina members to fle written
.. ~ rebuttals for the Gold Line grade seoaration measure on the April 11 2006 ballot
~~ ~ Recommendation: Adopt
g. Rewlutlon No. 6507. aoorovina the aoceal of Tentative Map 63552 for a 5-lot subdivision at 1221-5 South
Second Avenue and 150 East La Sierra.
Recommendation: Adopt
h. Resolution No. 6508. setting forth prima facie soeed limits
Recommendation: Adopt
I. Purchase two (21 2006 black and white patrol cars in the amount of 448.448.55 from Pasadena Ford
_
Comoanv.
Remmmendation: Approve
j. See below (item Qulled from Consent Calendar for seoarate considerationl
k. Newcastle Park Handball Court Liohtino Standards.
Recommendatlon: Approve
Motion A motion was made by Council/Agency Member Kovacic , seconded by Council/Agency Member Segal, and carried on roll call vote
to approve items 4.a. (as amended), 4. c. (as amended), 4. e., 4. f., 4. g., 4. h., 4. I., and 4. k. on the Agency/Council Consent
Calendars.
Roll Call AYES: Council/Agency Members Kovacic, Segal, Chandler, Marshall, and Wuo
NOES: None.
b. FY 2004-OS Redevelopment Aaencv State Controller State Housing and CommuniN Development. Bli9ht
Removal Progress. Loan and Prooertv Reoort5 ~
Recommendation: Receive and File
d. FY 2004-OS Redevelooment Aaencv State Controller. State Housina and CommuniN Develooment. Blioht
Removal Proqress Loan and Prooertv Reports
Recommendatlon: Recelve and File
Steve Dietsch, City Attorney, Tracey Hause, Administrative Services Director, and Brian Saeki, Economic Development Manager,
responded to inquiries raised 6y a speaker during the Audience Pardcipation period regarding this item; Mr. Deitsch noted that
the speaker couid obtain an official public records request form from the City Clerk'S o~ce during regular business hours.
Motion A motion was made by Council/Agency Member Segal , seconded by Council/Agency Member Chandler and carried o~ roll call vote
to receive and flle this report.
Roll Call AYES: Council/Agency Members Segal, Chandler, Kovacic, Marshali, and Wuo
NOES: Nane.
j. 2005 Water Suoolv Assessment (WSA) for the Caruso Proiect at the Santa Anita Race Track
Recommendation: Approve
In response to inquiries made during the Audience Participation portion of tonight's Agenda, Pat Malloy, Public Works
Services Dlre[tor, noted tha[ the City of Arcadia has the capability of providing water to the proposed Caruso project,
as per the report, for the neut twenty years and that the report is a[[urate.
Mr. Kelly noted that member of the public will have an opportunity to submit rnmmentr as part of the Environmental
Impad Report portion of the project, and that Council's acceptance oF the 2005 Water Supply Assessment for the
Caruso Project would not prohibit such opportunity for the~public in the future.
Motion A motion was made by Council/Agency Member Chandier , seconded by Council/Agency Member Segal, and carried on roll call
vote M accept the 20D5 Water Supply Assessment (WSA) for the Caruso Project at the Santa Anita Race Track. .
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Roll Call AYES: Council/Agency Members Chandler, Segal, Kovacic, Marshall, and Wuo
NOES: None.
AD70URNMENT
The City Council adjourned this meeting at 8:50 p.m.in memory of Harold Kidd to ]anuary 17, 2006, 6:00 p.m. in the
City Council Chamber Conference Room. ~
James H. 8arrows, City Clerk
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By:
Vida Tolman
Chlef Deputy City Clerk/Records Manager
01-03-2006
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STAFF REPORT
Arcadia Redevelopment Agency
DATE: January 3, 2406
TO: Chairperson and Agency Board
FROM: Don Penman, Deputy Executive Director~
By: Brian Saeki, Economic Development Manager~
SUBJECT: Resolution No. ARA 218, a resolution of necessitv for t_he acguisit_ion of a fee
interest in certain real ro ert more articularl described as assessors'
qarcel numbers: 5775-025-030 and 5775-025-031 bv eminent domain for
redevelopment purposes in the Central Redevelopment Proiect Area in the
Citv of Arcadia, California
Recommendation: Adopt
SUMMARY
~ Mr. Paul Rusnak, owner of the Mercedes Benz dealership at 55 W. Huntington Drive,
approached the Agency for assistance in assembling five (5) properties (approximately 3.6
acres) in the immediate vicinity of his dealership, i.e., Church in Arcadia, a vacant triangular
property, Rod's Grill, Arcadia Self Storage and the E~ks Lodge, for purposes of expanding
his existing auto dealership. These properties are generally under-utilized, lack sufficient
parking and combine incompatible land uses.
After several months of negotiations with Mr. Rusnak, staff and Agency Counsel prepared
the 2004 Land Assembly and Development Agreement ("LADA") which was approved by
the City Council and Agency Board at their January 4, 2005 meeting. The terms of the
LADA provide for the acquisition of the five properties and could include the use of eminent
domain if the Agency Board deems it appropriate. Once the LADA was approved, offer
letters were prepared and mailed to these property owners in late January 2005.
During the next several months, staff attempted to negotiate with the property owners, but
was unsuccessful. In October 2005, revised offers based upon updated appraisals were
sent to Rod's Grill and Arcadia Self Storage only. Staff contacted the property owners of
Rod's and Arcadia Self Storage subsequently and was advised that they were not
interested in selling. In fact, according to the owner of Arcadia Self Storage, he could not
sell his property due to obligations with his lender. The only way he would be able to sell to
anyone would be if his property were "condemned° by a public agency.
• To date, negotiations with all property owners are at a standstill. Staff is now
recommending that the Agency Board adopt a Resolution of Necessity (ARA 218 - Exhibit
"A") beginning the condemnation process for Arcadia Self Storage and Rod's Grill only.
The LADA provides the Agency with the option to condemn property if negotiations are
unsuccessful. In order to adopt the Resolution of Necessity, the Agency Board must take
the following action:
1. Conduct a public hearing to consider the Adoption of Resolution No. ARA 218, the ~
Proposed Resolution of Necessity, providing all interested parties of the affected
properties, and their attorneys or their representatives, an opportunity to be heard
on the issues relevant to the Resolution of Necessity.
2. Make the following findings as hereinafter described in this report:
(i) The public interest and necessity require the proposed project.
(ii) The project is planned or located in a manner that will be most compatible
with the greatest public good and the least private injury.
(iii) The real property to be acquired is necessary for the project.
(iv) The offers of just compensation have been made to the property owners.
3. Adopt a.Resolution of Necessity for the City of Arcadia declaring that the acquisition
of a fee interest in certain real property, more particularly described as Assessor's
Parcel Numbers: 5775-025-030 and 5775-025-031, by eminent domain for
redeVelopment purposes in the Central Redevelopment Project Area, in the City of
Arcadia, California.
The Agency Board should be aware that there are currentiy pending federal and
state-wide initiatives which could affect the acquisition of property by eminent
domain. •
BACKGROUND
The Foulger Ford dealership (where Rusnak Mercedes is now located) relocated to the City
of Monrovia in the early 1990's. The site was vacant for several years thereafter and
maintenance of the property was neglected, creating a large unattractive property in the
Downtown area. It should also be noted that after the dealership relocated to Monrovia,
staff received numerous compiaints about this vacant site because of its dilapidated state.
The Agency Board in late 2000, reviewed the entire Redevelopment Project in several
study sessions. After reviewing numerous alternative proposals, the Board voted to make
the 11-acre triangle, bound by Huntington Drive, Santa Anita Avenue and Santa Clara
Street as "Priority One". It has remained a priority and in the most recent approved
Implementation Plan (approved on December 7, 2004) it is identified as a short-term
commitment (1-3 years) for the Agency. In addition, the Agency issued taxabie bonds in
2001 for the purposes of redeveloping this site.
In late 2000, the Agency Board directed staff to prepare an RFQ/RFP for the
redevelopment of this site. Several qualified developers responded to the Agency's
request. The Agency Board selected Watt Development Company and the J. H. Snyder
Company to provide more detailed responses for a mixed-use commercial/residential
development of the entire 11-acre site. Owner/tenant participation letters were also
distributed to all property owners and tenants as part of this process. No tenant or property •
owner expressed any interest in participating in the Project.
While negotiations with Watt and.Snyder were ongoing, the former Foulger Ford site was
sofd by Mr. WiAiam Adkins to Paul Rusnak. Mr. Rusnak then relocated his used Mercedes
. dealership in August 2001 and then subsequently, he opened his new Mercedes Benz
dealership in November 2002. Neither the City nor the Agency offered Mr. Rusnak any
enticements, commitments orfinancial incentives to relocate his dealership from Pasadena.
As a property owner in this area, Mr. Rusnak exercised his owner participation rights, and
approached the Agency with a proposed project to expand his dealership.
In January 2005, the City Council and Agency Board approved the LADA with Mr. Rusnak
to assist with this expansion. Offer letters were then prepared and mailed to the property
owners. Staff attempted to begin negotiations with the property owners, but was
unsuccessful. However, the "Church in Arcadia" advised staff that they would consider
relocating if the Agency could structure a deal at no cost to the Church. A site was
identified for the Church. However, after months of negotiations with the Church, the
financial gap was too significant. In November 2005, all formal negotiations with the
Church ended.
Based on the lack of progress in negotiations, staff is recommending that the Agency Board
adopt the Resolution of Necessity for Arcadia Self Storage and Rod's Grill only. Staff is
recommending acquiring these two properties initially for the following reasons: the
Agency's recently adopted Five Year Implementation Plan identifies this project as a short-
term commitment (1-3 years) for the Agency; self storage is a non-conforming use in the
Central Business District (CBD) zone; both properties are irregularly shaped and severely
under parked per the City's current parking regulations. Additionally, the owner of the
• Arcadia Self Storage property has represented that he could not sell his property without
being condemned by a public agency due to obligations with his lender. Finally, acquiring
these properties would allow for the expansion of the dealership while continuing to
negotiate with the remaining property owners.
It should be noted that since the creation of the Central Redevelopment Project Area in
1974, the Arcadia Redevelopment Agency Board has acquired approximately 150 parcels
of land and adopted twenty-three (23) resolutions of necessity initiating the condemnation
process. The Aaencv was able to nes~otiate acceptable acauisition packaqes in all
150 cases prior to anv court proceedinqs.
The courts have consistently held that, in furtherance of a properly adopted redevelopment
plan, redevelopment agencies may condemn a parcel of property even if that particular
parcel is not blighted. The courts have recognized that requiring a redevelopment agency
to demonstrate that every parcel in a multi-parcel redevelopment project is blighted would
preclude most large redevelopment projects from proceeding and frustrate the legitimate
public goai of reducing blight in a community. As far back as the 1940's, the U.S. Supreme
Court validated the use of redevelopment condemnation power to acquire non-blighted
parcels when acquisition of those parcels was necessary to the overall implementation of a
redevelopment project.
• DESCRIPTION OF PROPERTY TO BE ACQUIRED
The properties:are located in Los Angeles County, Arcadia, California (APNS: 5775-025-
030 and 57.75-025-031). The Agency is seeking to acquire a fee interest in those
properties. The legal description of the fee interests are attached to the proposed
Resolutions of Necessity.
PROJECT DESCRIPTION •
The Project includes the acquisition of approximately 3.6 acres of developed land. This
includes Rod's Grill, Arcadia Self Storage, the Elks Lodge, Church in Arcadia and a vacant
triangular parcel along Santa Clara. If acquired, Rod's Grill, the Elks Club and the Church
in Arcadia buildings would be demolished. The Arcadia Self Storage building would be
remodeled into o~ce space and parts storage for the Mercedes dealership. Approximately
300,000 square feet of new automotive related construction is proposed once the buildings
are demolished which wouid include an additional showroom, a new canopy and office
space.
HEARINGS AND REQUIRED FINDINGS
California eminent domain law provides that a public entity may not commence an eminent
domain proceeding unfil its governing body has adopted a Resolution of Necessity, which
resolution may only be adopted after the governing body has given each party with an
interest in the affected property or their representatives a reasonable opportunity to appear
and be heard on the following matters:
1. The public interest and necessity require the proposed project.
2. The project is planned or located in the manner that will be most compatible with
the greatest public good and the least private injury. •
3. The real property to be acquired is necessary for the project.
4. The offers of just compensation have been made to the property owners.
A notice of hearing was mailed by first class mail to the property owners and businesses
and stafes the Agency's intent to consider the adoption Resolution No. ARA 218, the right
of each person to appear and be heard on these i§sues, and that failure to file a written
request to appear will result in a waiver of the right to appear and be heard. The Agency
has scheduled this hearing at which all persons who filed a written request was mailed may
appear and be heard. The Agency's legal counsel mailed the required notice to the
property owners and businesses on December 19, 2005.
The above four required findings are addressed as follows:
The Public Interest and Necessitv Repuire the Probosed Proiect
Both economic and physical blight continue to exist in this general area which
includes the two subjecf properties and is evidenced by: aging and deteriorating
buildings; lots of irregular form, shape or size; non-conforming uses; deficiencies in
parking; incompatible land uses.
The Rod's Grill building was constructed in 1957 and is approximately 3,900 square
feet. There have been minimal improvements made to the structure other than •
general fa~ade improvements i.e. painting, awnings, signage, etc. Parking for Rod's
can be found in the rear of the property. There are a total of 25 parking spaces
provided. Per the City's current parking regulations, this size and type of use is
. required to provide 40 spaces (10 spaces per 1,000 s.f.).
The Arcadia Self Storage building was constructed in 1949 and is approximately
38,100 square feet. It was originally used as a Bekins Moving and Storage facility
but was converted into 365 individual storage units and 3 smaller sized retail spaces
on the ground floor in the mid 1980's. It has also not been improved other than
some painting and signage.
Self-storage is a non-conforming use in the CBD Zone. In addition, there are four
smaller businesses operating from this building as well. One of the four is a U-Haul
facility with outdoor truck and trailer storage. This is also a non-conforming use in
the CBD Zone and not permitted in the Project Area per ARA 172. It is difficult to
determine exactly how many parking spaces are provided as many of the spaces
are occupied by U-Haul truck and trailer parking. However, based upon a recent
site visit by staff, there were less than 10 parking spaces available. The parking
required for the three (3) businesses facing Huntington Drive is 9 spaces nearly
exceeding the 10-space requirement alone.
The Agency has also identified this area in its Five Year Implementation Plan
(approved in December 2004) as a priority for redevelopment in the short-term (1-3
years).
2. The Real Propertv Interests Souqht to be Acquired are Necessarv for the
• Proposed Proiect
Rod's Grill and Arcadia Seif Storage are two of the five prope~ties as identified in the
LADA to be acquired for the purposes of expanding the Mercedes Benz dealership.
Acquisition of these properties is necessary for the proposed project due to their
proximity to the existing dealership and combined, they comprise nearly 25% of the
overall square footage of the entire project.
The Proiect is Planned or Located in a Manner that will be Most Comoatible with
the Greatest Public Good and the Least Private Iniurv
The original concept for this project was to acquire the entire 11-acre triangle. This
would have included acquiring several other properties and relocating numerous
other businesses and medical tenants. Through negotiations with Mr. Rusnak, the
project as proposed today, was scaled back and only includes the five properties as
mentioned in this report. The parcels that were removed from the project included
several small businesses and medical related uses along Santa Anita Avenue.
Based upon information provided by the Agency's relocation specialists, relocating
these businesses and the medical tenants would have significantly added to the
complexity and overall cost of the project.
4. The offers of iust compensation have been made to the aroaertv owners
• An appraisal was prepared by Mason & Mason to establish the fair market value of
the real property the Agency is seeking to acquire. Offers of just compensation
were made to the property owners to purchase the real properly as established by `.
the approved appraisal and as required by Section 7267.2 of the California
Government Code. Although negotiated settlements may sti~l be possible for the
properties cited in this report, it would be appropriate to commence the procedures •
to acquire the real property through eminent domain to ensure that the real property
will be available to meet the time frames associated with the development of the
project.
The affected parties were given written notice by regular mail that a hearing was to
be held on this date by the Redevelopment Agency to consider a Resolution of
Necessity to initiate eminent domain proceedings. Only those interested parties,
their attorneys or their representatives are entitled to appear and be heard on the
findings outlined above. Please note, however, that Agency counsel has
recommended that after the property owners and their representatives are heard,
then the Agency should invite comments from the general public.
Section 1245.240 of the California Code of Civil Procedure requires that no less than
two-thirds of all the members of the governing body approve the Resolution of
Necessity. Thus, four members of the Agency must vote affirmatively on this issue
for the acquisition to proceed.
It should be noted that in reaction to the recent U.S. Supreme Court decision, Kelo v. Citv
of New London, there are a number of proposed enactments at the State and Federal
levels that potentially could restrict or prohibit the use of eminent domain that ultimately
results in the transfer of property to another private party. If enacted in their currently
proposed form, these measures could apply to eminent domain actions commenced under •
the proposed resolution of necessity.
Under state law,:the Agency has no later than six (6) months to commence an eminent
domain action in court after adopting a resolution of necessity. If an order for prejudgment
possession is issued as a result of filing an action in Court, the Agency may not obtain
possession of occupied property any earlier than ninery (90) days from service of the order.
Under state law, an eminent domain trial for just compensation cannot begin any earlier
than 12 months after filing the action in court unless the parties stipulate to an earlier date.
ENVIRONMENTAL REVIEW
As part of the 2004 Land Assembly and Development Agreement, a mitigated negative
declaration and mitigation monitoring plan were prepared and approved by the City Council
and Agency Board on January 3, 2005.
.
RECOMMENDATION
• THAT THE ARCADIA REDEVELOPMENTAGENCY ADOPT RESOLUTION NO. ARA 218,
A RESOLU710N OF NECESSITY FOR THE ACQUISITION OF A FEE INTEREST IN
CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSORS'
PARCEL NUMBERS: 5775-025-030 AND 5775-025-031, BY EMINENT DOMAIN FOR
REDEVELOPMENT PURPOSES IN THE CENTRAL REDEVELOPMENT PROJECTAREA
IN THE CITY OF ARCADIA, CALIFORNIA
Approved: ~ ~ `~
William R. Kelly, Executive Director
Attachment: Exhibit A- ARA 218 Resolution of Necessity
n
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•
RESOLUTION NO. ARA 218
A RESOLUTION OF THE ARCADIA REDEVELOPMENT
AGENCY DECLARING THAT THE ACQUISITION OF A FEE
INTEREST IN CERTAIN REAL PROPERTY, MORE
PARTICULARLY DESCRIBED AS APN 5775-025-030 AND
5775-025-031, BY EMINENT DOMAIN FOR
REDEVELOPMENT PURPOSES IN TfIE CENTRAL
REDEVELOPMENT AREA PROTECT IN THE CITY OF
ARCADIA, CALIFORNIA
WHEREAS, the Arcadia Redevelopment Agency (the "Agency") proposes
to acquire a fee interest in certain real properiy located in the City of Arcadia,
California, more particularly described as Assessor's Parcel Numbers: S775-025-
~
030 and 5775-025-031, described in Exhibit "A" which is attached hereto, for the •
Central Redevelopment Area Project in the City of Arcadia, California pursuant to
the authority granted to it by section 33391(b) of the California Health & Safety
Code; and
WHEREAS, pursuant to section 1245.235 of the California Code of Civil
Procedure, the Agency scheduled a public hearing for Tuesday January 3, 2006, at
7:00 p.m., at City Council Chambers, Arcadia City Hall, 240 West Huntington
Drive, Arcadia, California, and gave to each person whose property is to be
acquired and whose name and address appeared on the last equalized county
assessment roll, notice and a reasonable opporlunity to appear at said hearing and
~
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Page 1 of 5
• be heazd on the matters referred #o' in section 1240.030°of the California Code of
Civil Procedure; and
WHEREAS, said hearing has been held by the Agency and each person
whose property is to be acquired by eminent domain was afforded an opportunity
to be heard on said matters; and
WHEREAS, the Agency may now adopt a Resolution of Necessity pursuant
to section 1240.040 of the California Code of Civil Procedure;
NOW, THEREFORE, THE AGENCY DOES HEREBY RESOLVE AND
DECLARE AS FOLLOWS:
SECTION 1. Compliance with California Code of Civil Procedure.
~ There has been compliance by the Agency with the requirements of section
1245.235 of the California Code of Civil Procedure regarding notice and hearing.
SECTION 2. Public Use. The public use for which the real property is
to be acquired is for purposes of redevelopment in the Central Redevelopment
Area Project in the City of Arcadia, Califomia. The property, all fixtures and
improvements pertaining to the realty and all leasehold interests are to be acquired
in fee.
Section 33391(b) of the California Health & Safety Code authorizes the
Agency to acquire by eminent domain real property necessary for such purposes.
.
Page 2 of 5 _
SECTION 3. Description of Pronertv. Attached and marked as Exhibit
"A" is the legal descriptions and plat maps of the real property to be acquired by
the Agency, which describe the general location and extent of the properiy to be
acquired with sufficient detail for reasonable identification.
SECTION 4. Findin¢s. T'he Agancy hereby finds and determines each
of the following:
(a) The public interest and necessity require the proposed project;
(b) The proposed project is planned or located in the manner that will be
most compatible with the greatest public good and least private injury;
(c) The real property interests described in Exhibit "A" is necessary for
the proposed project; and
(d) The required offers of just compensation pursuant to section 7267.2 of
the California Govemment Code were made to the property owners.
SECTION 5. Use Not Unreasonablv Interferin~ with Existin P~ ublic
Use s. Some or all of the real property to be acquired is subject to easements and
rights-of-way appropriated to existing public uses. The legal descriptions of these
easements and rights-of-way are on file with the Agency and describe the general
location and extent of the easeinents and rights-of-way with sufficient detail for
reasonable identification. In the event the herein described use or uses will not
unreasonably interfere with or impair the continuance of the public use as it now
~
~
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Page 3 of 5
~Yr
^
is authorized to acquire the real property subject to such existing public use(s)
exists or may reasonably be expected to exist in the future, counsel for the Agency
pursuant to section 1240.510 of the California Code of Civil Procedure.
SECTION 6. More Necessary Public Use. Some or all of the real
~_J
property to be acquired is subject to easements and rights-of-way appropriated to
existing public uses. To the extent that the herein described use or uses will
unreasonably interfere with or impair the continuance of the public use as it now
exists or may reasonably be expected to exist in the future, the Agency finds and
determines that the herein described use or uses are more necessary than said
existing public use. Counsel for the Agency is authorized to acquire the real
property appropriated to such existing public use(s) pursuant to section 1240.610
of the California Code of Civil Procedure. Staff is further authorized to make such
improvements to the real property being acquired that it determines are reasonably
necessary to mitigate any adverse impact upon the e~sting public use.
SECTION 7. Further Activities. Counsel for the Agency is hereby
~
authorized to acquire the hereinabove described real property in the name of and
on behalf of the Agency by eminent domain, and counsel is authorized to institute
and prosecute such legal proceedings as may be required in connection therewith.
Legal counsel is further authorized to take such steps as may be authorized and
required by law, and to make such security deposits as may be required by order of
Page 4 of 5
court, to permit the Agency to take possession of and use said real property at the •
earliest possible time. Counsel is further authorized to correct any errors or to
make or agree to non-material changes in the legal description of the real property
that are deemed necessary for the conduct of the condemnation action or other
proceedings or transactions required to acquire the subject real property.
SECTION 8. The Secretary of the Agency shall certify to the adoption
of this Resolurion.
Passed, approved and adopted this day of , 2006.
Chairperson ~
Arcadia Redevelopment Agency
ATTEST:
Secretary
APPROVED AS TO FORM:
~~. Y "• I ~~h~~G~
Stephen P. Deitscli
Agency Counsel
•
Page 5 of 5
109
~
EXHIBIT "A"
PARCEL 1:
THAT PORTION OF LOT 3 OF TRACT NO. 949, IN THE CITY OF ARCADIA,
COUNTY OF LOS ANGELES, STATE OF CAI,IFORNIA, AS PER MAP RECORDED
IN BOOK 17 PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECOADElt
OF SAID COUNTY, DESCRIBED AS FOLLOWS: ~
BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 3, DtSTANT
402.20 FEET WEST, FROM THE SOUTHEAST CORNER OF SAID LOT 3; THENCE
NORTH PARALLEL WITH THE EASTERLY LINE OF SAID LOT 3, A DISTANCE
OF 305 EEET TO THE MOST SOUTHERLY LINE OF LOT 9 OF TRACT~ NO.
13768, AS PER MAP RECORDED IN BOOK 273 PAGE 37 OF MAPS, IN SAID
RECORDERS OFFICE; THENCE WEST ALONG SAID MOST SOUTHERLY LINE TO
THE SOUTHEASTERLY LINE OF MORLAN PLACE (60.00 FEET) AS SHOWN AND
DEDICATED ON SAID TRACT NO. 13768; THENCE SOUTHWESmERLY AI,ONG
SAID MORLAN PLACE TO THE NORTHEAST CORNER OF THE LAND AS
. DESCRIBED IN THE DEED TO F.W. JONAS AND ADELE S. JONAS, RECORDED
SEPTEMBER 21, 1956 AS INSTRUMENT N0. 1442, OF OFFICIAL RECORDS OF
SAID COUNTY; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF SAID
DEED TO F.W. JONAS AND ADELE S. JONAS AND ITS PROLQNGATION
~ THEREOF TO THE SOUTHERLY I.INE OF SAID .LOT 3; THENCE EAST ALONG
SAID SOUTHERLY LINE TO THE POINT OF BEGINNING.
EXCEPT THEREEROM THE INTEREST OF THE CITY OF ARCADIA, IN THE
SOUTHERLY 20.00 FEET OF SAID LAND WHICH WAS CONVEYED TO SAID CITY
OF ROAD PURPOSED BY DEED RECORDED IN BOOK 24642 PAGE 220 OF
OFFICIAL RECORDS OF SAID COUNTY.
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~RDER NO 20300459-9
EXHIBIT "A"
C~
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THAT PORTION OF LOT 3 OF TRACT NO. 999, IN THE CITY OF
ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER
MAP RECORDED IN BOOK 17 PAGE (S) 13 OF MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF
HUNTINGTON DRIVE WITH THE EASTERLY LINE OF MORLAN PLACE AS
SAID LINES ARE SHOWN ON MAP OF TRACT IdO. 1376B, RECORDED IN
BQOK 273 PAGE 37 OF MAPS, RECORDS OF SAID COUNTY; THENCE
EASTERLY ALONG THE 5AID NORTHERLY LINE A DISTANCE OF 60.4
FEET, MORE OR LESS, TO THE WESTERLY FACE OF THE WESTERLY
WALL OF A FIVE STORY AND BASEMENT REINFORCED CONCRETE
STRUCTURE; THENGE NORTHERLY AI,ONG THE SAID WESTERLY FACE OF
THE WESTERLY WALL AND THE NORTHERLY PROLONGATION THEREOF, A
DISTANCE QF 293 FEET, MORE OR LESS, TO THE INTERSECTIOId
THEREOF WITH THE SOUTHEASTERLY LINE OF SAID MORLAN PLACE, A
DISTANCE OF 3].3,85 FEET, MORE OR I,ESS, TO THE POINT OF
BEGINNING.
EXCEPT THE INTEREST OF THE CITY OF ARCADIA, IN THE SOUTH 20
FEET OF SAID LAND WHICH WAS CONVEYED TO SAID CITY FOR ROAD
PURPOSES BY DEED RECORDED IN BOOK 24642 PAGE 220 OFFICIAL
RECORDS OF SAID COUNTY.
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Co~0nalryafN°~°• ~ STAFF REPORT
Police Department
DATE: January 3, 2006
TO: Mayor and Members of the City Council
FROM: Robert P. Sanderson, Chief of Police~'~-'"
By: Nancy Chik, Management Ana{ys~
SUBJECT:
• Summarv
This staff report expiains the Citizens' Option for Public Safety (COPS) program
and requests approval of Resolution 6500, which will authorize expenditure of
funds for specific law enforcement purposes.
Backs~round
Each year, the State Legislature considers supplemental funding for local police
departments under the COPS program. The annuai decision to fund the COPS
program is based upon budget priorities and available funds. Atthough the
program has been funded the past nine years, the COPS program funding
continues on a year-to-year basis.
The intent of the COPS program is to enable local police agencies to enhance
public safety by purchasing equipment and/or services othenwise unavailable to
them through their respective budgets.
The COPS program distributes State funds to local cities on a per capita basis.
Recipient cities are required to deposit the State funds in a local Supplemental
Law Enforcement Services Fund (SLESF) to be expended only for equipmerrt
and services requested by the Chief of Police and approved by the City Council.
~
Exhibit "A"
Each year, the police chief submits a list of the items and/or services to be ~
expended with COPS-SLESF funds. The City Council reviews and approves the
expenditures. The State has placed the following limitations on the funds:
1. They must be used for front line police services in
accordance with a plan submitted by the Ghief of Police;
2. ' Their use must not supplant what has been or should be
general fund expenditures, and;
3. The spending plan must be submitted to the State for audit
purposes.
Discussion
With Council approval in 1997, the Department created a Crime Analysis Unit
with COPS-SLESF funds. Since that time, the crime analyst position has proven
itsetf to be highly effective in evaluating crime patterns and trends, as well as
tracking criminal activities of known offenders and recidivists.
In November, $100,000 was received in COPS-SLESF funds, and the
Department proposes to continue funding the crime analyst position's salary and
benefits from the COPS-SLESF fund, which totals approximately $97,000.
Fiscal Impact •
None: These expenditures have no impact upan the City's General Fund.
Recommendation
Adopt Resolution No. 6500 to use funds allocated from the Citizens' Option
for Pubfic Safety~upplemental !aw Enforcement Fund (COPS-SLESF) for
the purpose of front line police services.
Attachment: Resolution No. 6500
Approved:
~,Q.~~~
William R. Kelly, City Manager
.
r
RESOL'UTION NO. 650U
A RESOLUTION OF TI~ CITY COUNCIL OF 'TI~ CITY
OF ARCADIA, CALIFORNIA, AUTHORTZING TI~
ARCADIA POLICE DEPARTMENT TO USE FUNDS
ALLOCATED FROM TI~ CITIZENS' OP'TION POR
PUBLIC SAFETY-SUPPLEMENTAL LAW ENFORCE-
MENT SERVICES FUND (COPS-SLESF) FOR T~
PURPOSE OF FRONT LINE POLICE SERVICES
WHEREAS, Citizens' Option for Public Safety-Supplemental Law Enforcement
Services Fund (COPS-SLESF) allocates funds from the State to the City of Arcadia for
front line police services and requires the Chief of Police of the local jurisdiction to
submit a plan for using the funds; and
WF~REAS, the Chief of Police has snbmitted a written request (attached E~ibit
A) to the City Council specifying front line law enforcement programs that are necessary
to meet the needs of Arcadia, with information as to the personnel, equipment, and
programs that are necessary to meet those needs.
NOW, TT-IEREFORE, Tf~ CITY COiJNCIL OF TI-iE CITY OF ARCADIA,
CAL' IFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS
FOLLOWS:
SECTION 1. A duly noticed public hearing was conducted on January 3, 2006, to
consider the Police Chief's request for needed front line law enforcement services.
SECTION 2. Having conducted a public hearing, the City Council authorizes the
1
i
expenditure of funds allocated from COPS-SLBSF to continue funding the escisting
crime analyst position.
SECTION 3. The City Council determines and finds that the requests as set forth
in Section 2 above comply with the requirements of Sections 30061 et seq. of the
Government Code.
SECTION 4. The City Cierk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 3rd ~y o f January , 2p06.
~~i~~H~wuo
Mayor of the City of Arcadia
ATTEST:
/S/ JAMES H. ~ARRO~IS
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
C~~~'~~ ~' ~
Stephen P. Deitsch
City Attorney
2
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolurion No. 6500 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meering of said Council held on the 3rd day of January, 2006 and that said Resolution
was adopted by the following vote, to wit:
AYES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
ISI ~AMES H. RARROWS
City Clerk of the City of Arcadia
w``J - Q s
~
•
STAFF REPORT
Arcadia Redevelopment Agency
DATE: January 3, 2006
TO: Chairperson and Agency Board
FROM: Don Penman, Deputy Executive Director~
By: Brian Saeki, Economic Development Managerf~
Prepared By: Lisa L. Flores, Senior Planner
SUBJECT: Desipn Review - 125 N. First Avenue
Recommendation: Approve
SUMMARY
The applicant, Laura Whelan of Dorn Platz & Company on behalf of 24-hour Fitness is
• requesting approval of the architectural design for a new 24-hour Fitness health club at
125 N. First Avenue.
Staff is recommending approval of this design review, subject. to the conditions of
approval.outlined in this staff report.
BACKGROUND
On December 13, 2005, the Planning Commission approved Conditional Use Permit
No. 2005-18 and Architectural Design Review No. 2005-03 to permit a new 24-hour
Fitness health club, and a modification to allow 280 parking spaces in lieu of 791
spaces required at the subject location.
The existing site is within the City's Redevelopment Project area, and is located on the
west side of First Avenue between Santa Clara Street and Wheeler Avenue. The
applicant intends to demolish the existing Citizens Bank at the southwest corner of First
Avenue and Santa Clara, and consolidate the lots to accommodate a new 38,990
square foot, two-story 24-hour Fitness health club and a three-story parking structure,
as shown on the submitted site plan. The health club will consist of several workout
areas totaling 24,915 square feet (i.e. aerobics, fitness, gymnasium, indoor swimming
pool and basketball court), and 14,075 square feet of non-workout areas (i.e.
• officelsales area, locker rooms, entry/check-in area, kid's club, and pro shop).
The existing Arroyo restaurant building will remain at the southwest corner.of this site.
The Applicant is not proposing to alter this building at this time.
Chairman and Agency Board
January 3, 2006
Page 2
•
PURPOSE OF USE AND DESIGN REVIEW
The purpose of the Agency's Design Review is to ensure that proposed projects meet
the adopted City and Agency standards and design guidelines based upon the following
criteria:
1. The general use and design considerations, including the character, scale, and
quality of design are consistent with the Redevelopment Plan, the Zoning
Ordinance, and adopted use and design guidelines;
2. The use and architectural design of structures and their materials and colors are
visually compatible with surrounding development and improvements on the site,
and design elements (i.e., screening of equipment, exterior lighting, signs,
awnings, etc.) have been incorporated to further ensure the compatibility of the
structures with the character and uses of adjacent development;
3. The location and configuration of structures are compatible with their site and
with surrounding sites and structures, and do not dominate their surroundings to
an extent inappropriate to their land use; and, . •
4. The use, design and layout of the proposed project will not unreasonably
interfere with the use and enjoyment of neighboring existing or future
development, and will not result in vehicular or pedestrian hazards.
PROPOSAL
A. Health Club and Parking Structure
The 24-hour health club will be located at the corner of First Avenue and Santa Clara
Street with a setback varying from zero to 10'-0" along First Avenue because of an
existing slope easement. The building aiso has a zero setback along Santa Clara
Street. The setbacks as proposed, are in accordance with the Central Business District
(CBD) zoning requirements and the special setback requirement of 40'-0" on First
Avenue. The two-story health club will be approximately 41'-6" in height, which is below
the maximum height limit permitted in this height overlay zone (H4), which is 45'-0" or 4-
stories.
The 3-story parking structure will be located adjacent to the health club with direct
access from Santa Clara Street. A second entry is proposed between the existing
restaurant and the new structure. The parking structure will be aligned with the health
club with a zero setback along Santa Clara Street. It will be approximately 37'-0" in •
height, which is also below the maximum height limit permitted in this height overlay
zone (H4).
~ Chairman and Agency Board
January 3, 2006
Page 3
•
B. Architectural Style
The proposed architectural style for both the health club and parking structure is Neo-
classical mercantile which consists of several different traditional styles distinctive of
"simple deco" and "commercial style" buildings of the early 1900's. The style also
consists of traditional design elements and colors that are consistent with the Downtown
area.
The Applicant is proposing to use full veneer brick cast concrete cornice along the
roofline, solider course trim, tall storefront windows, and awnings on the health club
building. The parking structure is proposed to incorporate painted detailed concrete
with architectural coping, columns protruding from the face of the walls, belt courses,
bulkhead, and awnings between the bays on Santa Clara Street.
Landscaping is also proposed in front of the parking stalls along Wheeler Avenue and
First Avenue. A total of five mature Queen Palm trees will be planted on the south side
of the health club to alleviate the massiveness of the blank wall.
C. Parking
. The Arcadia Municipal Code requires that a health club provide 1 parking space per 35
square feet of gross floor area in all workout areas, and 1 space for every 250 square
feet of sales/office area. Based upon these requirements, a total of 716 spaces should
be provided for the 24hr facility. However, staff believes that the Code requirements as
they relate to some of the spaces, in particular the basketball court and swimming pool
area, are not indicative of the true parking need. For instance, these two areas
comprise approximately 10,400 square feet of the new facility's overall square footage.
Based upon the current parking requirements, these two areas alone would require a
total of 297 parking spaces. It is safe to assume that there will not be 297 patrons in the
swimming pool and on the basketball court at any given time (this also assumes one
patron per car). At best, staff believes that no more than half of the total area (5,198
square feet) of the basketball court and swimming pool should be considered in the
parking calculation. This significantly reduces the parking requirement for these areas.
The Arroyo restaurant will also share parking with the new facility. Based upon the
existing square footage of the building, the Arroyo has a parking requirement of 75
spaces.
Using the current parking requirements, the entire site, which includes the new 24hr
Fitness and restaurant, must have 791 spaces (75 spaces for the existing restaurant
and 716 spaces for the 24-hour Fitness facility).
• The Applicant is proposing a total of 280 parking spaces of which 50 spaces will be
located adjacent to the existing restaurant and the remaining 230 spaces would be in
the parking structure. "
Chairman and Agency Board
January 3, 2006
Page 4
•
Due to the projects overall parking deficiency, staff required that the Applicant prepare a
traffic and parking study to provide a comparison between the Ciry's current parking
requirements and the observed parking demand of other 24hr Fitness facilities of a
similar size. In addition, the study was to provide a forecast of the parking demand for
the proposed project as well as providing a summary of the shared parking between the
Arroyo restaurant and the 24hr Facility. Based upon this analysis, it was found that the
proposed parking supply of 280 spaces would be sufficient to meet the parking demand.
The study was also reviewed by the City's Traffic Engineer who agrees with the
findings.
It should be noted that the Planning Commission requested clarification from staff
regarding the parking comparison between the existing Arcadia All Pro Athletic Club on
Duarte Road and the proposed 24hr facility. The Arcadia All Pro Athletic Club was
required to comply with previous parking standards that required 5 parking spaces be
provided for every 1,000 square feet of gross floor area. Based on these standards, the
30,720 square foot facility was required to provide a total of 152 parking spaces.
Despite the less stringent parking requirement at that time, Arcadia All Pro requested
and was granted a parking modification in 20o1 to provide 102 spaces in lieu of the
required 152.
In comparison, if the previous parking standards were applied to the new 38,990 square `
foot facility, 195 parking spaces would be required. The Applicant is proposing to
provide 205 spaces therefore exceeding the parking requirement of the previous
parking standards.
It is difficult to compare the two facilities and their related parking need as usage of
fitness clubs have evolved over the past several years. However, staff is confident that
based on the findings of the traffic and parking study and the recommendation of the
City's Traffic Engineer, the parking as proposed will adequately address the parking
need for the restaurant and the new 24hr Fitness facility.
ANALYSIS
The architectural design in terms of form and mass are appropriate for the Downtown
area. The buiidings provide sufficient articulation with offset columns, traditional tall
storefront windows, a recessed front entry, and awnings adding a strong horizontal
element at the ground level. it is staff's opinion that the proposed project would be an
asset to the City's Downtown area and could creafe the potential for other private
improvement in the area.
~
~ Chairman and Agency Board
January 3, 2006
Page 5
CONDITIONS OF APPROVAL
1. The applicant shall comply with ARA Resolution No. 126, which approves the
design review for a period of one year.
2. The applicant shall comply with all conditions of approvai, set forth by the
Planning Commission.
RECOMMENDATION
THA7 THE ARCADIA REDEVELOPMENT AGENCY APPROVE THE
ARCHITECTURAL DESIGN REVIEW FOR A NEW HEALTH CLUB AT 125 N. FIRST
AVENUE, SUBJECT TO THE CONDITIONS STATED ABOVE.
• Approved: ~=- ' w' 1
William R. Kelly, Executive Director
Attachments: Reduced Site Plans
Color Renderings and Elevations
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STAFF REPORT
Arcadia Redevelopment Agency
DATE: January 3, 2006
TO: Chairperson and Agency Board
FROM: Don Penman, Deputy Executive Director~
By: Brian Saeki, Economic Development Manager ~
Prepared By: Lisa L. Flores, Senior Planner
~
SUBJECT: Desipn Review - 101 W. Huntinaton Drive
Recommendation: Approve
SUMMARY
~ The applicant, Ron Morgan on behalf of Citizens Bank is proposing to rehabilitate an
existing 4,686 square foot vacant building and construct a new drive-thru canopy with
two teller units for a new Citizens Bank at 101 W. Huntington Drive.
Staff is recommending approval of this design review, subject to the conditions of
approval as outlined in this report.
BACKGROUND
On December 13, 2005, the Planning Commission approved Conditional Use Permit
No. 2005-20 and Architectural Design Review No. 2005-40 to permit two drive-thru teller
units, and a modification to allow a canopy for the drive-thru teller units to be located 5'-
0" from the rear property line in lieu of 20'-0" required at the subject location.
The existing site is within the City's Redevelopment Project area, and is located on the
northwest corner of Santa Clara Street and Huntington Drive. The applicant is
proposing to remodel the existing building into a commercial bank and construct a new
828 square foot detached canopy for the drive-thru teller units.
PURPOSE OF USE AND DESIGN REVIEW
~ The purpose of the Agency's Design Review is to ensure that proposed projects meet
the adopted City and Agency standards and design guidelines based upon the following
criteria:
Chairman and Agency Board
January 3, 2006
Page 2
•
The general use and design considerations, including the character, sca~e, and
quality of design are consistent with the Redevelopment Plan, the Zoning
Ordinance, and adopted use and design guidelines;
The use and architectural design of structures and their materials and colors are
visually compatible with surrounding development and improvements on the site,
and design elements (i.e., screening of equipment, exterior lighting, signs,
awnings, etc.) have been incorporated to further ensure the compatibility of the
structures with the character and uses of adjacent development;
3. The location and configuration of structures are compatible with their site and with
surrounding sites and structures, and do not dominate their surroundings to an
extent inappropriate to their land use; and,
4. The use, design and layout of the proposed project will not unreasonably interfere
with the use and enjoyment of neighboring existing or future development, and will
not result in vehicular or pedestriari hazards.
PROPOSAL
A. Bank and Canopy •
The existing 4,686 square foot, one-story building will remain at its current location, as
shown on the submitted site plan. The overall height of the building will remain at 22'-
0".
The applicant is proposing to improve the site by replacing a section of parking on the
south side of the building with a new decorative walkway to provide access from the
street to the site and ATM, re-stripe the parking spaces, and re-landscape the lot.
Decorative paved walkways are also proposed on the east and west sides of the
building and within 20'-0" of each driveway entrance.
The new 828 square foot canopy, is 17'-0" in height and it will be located 5'-0" from the
rear property line, 54'-0" from the westerly property line and 120'-0" from Santa Clara
Street.
The proposed project will not exceed the maximum floor area ratio of 50% (proposed at
11.76%), which is permitted for the site.
B. Architectural Style
The Applicant is proposing to incorporate the following material into the rehab of the ~
existing building: new metal framed windows, arched columns on all sides of the
building extending 2'-0" to provide shadow relief, rounded planter beds on the east and
west sides of the building, ledgestone and a gaivanized copper metal roof.
Chairman and Agency Board
January 3, 2006
Page 3
•
•
The new canopy is proposed to match the bank building with a galvanized metal copper
roof, ledgestone at the base of each column and pre-cast concrete trim between the
ledgestone and stucco.
C. Parking
The Arcadia Municipal Code requires that a financial institution provide 1 parking space
for every 250 square feet of gross floor area. Based upon this proposal, a total of 19
on-site parking spaces are required. The Applicant is proposing to provide 41 parking
spaces.
CONDITIONS OF APPROVAL
1. The applicant shall comply with ARA Resolution No. 126, which approves the
design review for a period of one year.
2. The applicant shall comply with all the conditions of approval, set forth by the
Planning Commission.
RECOMMENDATION
THAT THE ARCADIA
REVIEW FOR 101 W.
STATED ABOVE.
REDEVELOPMENT AGENCY APPROVE THE DESIGN
HUNTINGTON DRIVE SUBJECT TO THE CONDITIONS
Approved: ~ y°~
William R. Kelly, Executive Director
Attachments: Reduced Site Plans
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~ STAFF REPORT
Arcadia Redevelopment Agency
DATE: January 3, 2006
T0: Mayor and City Council
Arcadia Redevelopment Agency Board
FROM: Don Penman, Assistant City Manager/Deputy Execu~-'ye Director~
By: Brian Saeki, Economic Development Manager ~'l_
L~
SUBJECT: FY 2004-2005 Redevelopment Aaencv State Controller. State Housin~r
and Communitv Develooment.^Bliaht Removal Proflress. Loan and
Propertv Reoorts
Recomrriendation: Receive and File
SUMMARY
California Redevelopment Law requires the preparation of an annual report on an
• Agency's financial transactions, induding an audit, and a detailed report on the
Agency's activities in low/moderate income housing for the previous fiscal year (2004-
2005). These reports were completed by the Agency's auditor, Caporicq & Larson for
FY 2004-05 and transmitted to the State in late December 2005.
The Health & Safety Code Section 33080.1 also requires that in addi6on to the routine
annual audit report, three additional annual reports be presented to the Redevelopment
Agency Board within six months after the end of each fiscal year. The three repoRs
inGude the following:
1: Blight Progress Report specifying the Agency's progress in alleviating blight
during the previous fiscal year.
2. Property Report describing properties owned by the Agency and those acquired
in the previous fiscal year.
3. Loan Report ide~ifying any loans made by the Agency that are $50,000 or more
and which are in default or not in complianoe with the terms of the loan.
Staff is recommending that the City Council and Agency Board receive and file the
Redevelopment Agency State Controllers Report, State Housing and Community
Developmerrt Report (as transmitted to the State Controller and the Stete HCD), Blight
Removal Progress Report, Property Report and Loan Report.
• The Agency annually submits a detailed report on the status of the Agency's previous
year's finances on forms provided by the State Controller. This year's report has been
prepared by the Agency's audit firm, Caporicci & Larson.
Mayor and City Council/Agency Board
January 3, 2006
Page 2
The housing component of the Mnual Report has been prepared by both Caporica &
Larson (fi~anaal section) and staff (housing projects/programs).
Staff has transmitted these reports to the State via the intemet and are available for
review in the ~ces of the Development Services Department.
The Health 8~ Safety Code Seetion 33080.1 also requires that three additional reports be
presented to the Redevelopment Agency Board within six months after the end of each
fiscal year. These reports indude the following:
1. Blight Progress Report specifying the Agency's progress in alleviating blight
during the previous fiscal yeac
2. Property Report describing properties owned by the Agency and those
acquired in the previous fiscal yeac
3. Loan Report iderrtifying any loans made by the Agency that are $50,000 or
more and which are in default or not in compliance with the terms of the loan.
These reports are attached as Exhibit A.
FISCAL IMPACT
The Report and audit must be submitted to the State by December 31, 2004, to avoid a
potential financial penatty.
That the Arcadia City Council and Redevelopment Agency Board receive and file
the Redevelopment Agency State Controller, State Housing and Community
Development, Blight Removal Progress, Loap and Property Reports for FY 2004-
05.
Approved by: ~"--='~ ,
William R. Kelty, City ManageNExecutive Director
Exhibits: Blight Progress Report, Property Report and Loan Report
~
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FY 2004-OS
Arcadia Redevelopment Agency
~
HEALTHAND SAFETY CODE ~330801
o ALLEVIATION OF BLIGHT
o LOANDEFAULT REPORT
o PROPERTYLISTING
~
I HEALTH AND SAFETY CODE 633080.1(d) ~
ALLEVIATION OF BLIGHT
For FY 2004-05, the Arcadia Redevelopment Agency approved the following
programs/projects to assist in the alleviation of blight in the Central Downtown Project
Area:
1. On December 7, 2004, the Arcadia Redevelopment Agency adopted Resolution
No. ARA-211 approving the Agency's Five Year Implementation Plan (2050-
2010). This document indicates that there are blighted conditions within the
Project Area boundaries and provides the Agency's goals and objectives to
addressthese areas.
2. On January 4, 2005, the Agency entered into the 2004 Land Assembly and
Disposition Agreement with Mr. Paul Rusnak for the expansion of an existing
Mercedes Benz Dealership. The azea proposed for acquisition was prioritized by
the City Council and Agency Board as a short term commitment for
redevelopment due to aging and deteriorating buildings, lots of irregular form,
shape or size, non-conforming uses, deficiencies in parking and incompatible land
uses.
O
~
~ II. HEALTHAND SAFETY CODE 633080.1(e)
REPORT ONALL LOANS IN DEFAULT
The Arcadia Redevelopment Agency has no loans in excess of $50,000 that are in default
from the previous fiscal year or that are not in complianca with the terms of any loan
approved by the Agency,
•
•
III. HEALTH AND SAFETY CODE 633080.1(fl
PROPERTYLISTINC
The Arcadia Redevelopment Agency owns two parcels of land in the downtown area.
The Agency did not acquire any new property during FY 2004-05.
Propertv List:
APN Address City, State Current Use
1 5773-014-912 119 Alta Street Arcadia, CA arkin lot
2 5773-014-913 121 Alta Street Arcadia, CA arkin lot
~
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~~~
ORDINANCE NO. 2214
AN ORDINANCE OF THE CITY COUNCIL OF
ARCADIA, CALIFORNIA, CALLING A MLINICIPAL
BOND ELECTION FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORS OF THE CITY A
MEASURE PROVIDING FOR TI~ ISSUANCE OF
GENERAL OBLIGATION BONDS OF THE CITY
FOR THE ACQUISITION, CONSTRUCTION,
INSTALLATION AND IMPROVEMENT OF A
GRADE SEPARATION FOR SANTA A1vITA
AVENUE; DECLARING TF~ ESTIMATED COST OF
THE MUNICIPAL IMPROVEMENTS, THE AMOUNT
OF THE PRINCIPAL OF THE INDEBTEDNESS TO
BE INCURRED THEREFOR, AND THE MAXIMUM
RATE OF INTEREST TO BE PAID TI~REON;
MAKING PROVISION FOR THE LEVY AND
COLLECTION OF TAXES; FIXING THE DATE OF
T'HE ELECTION AS APRIL 11, 2006 AND THE
MANNER OF HOLDING THE SAME; AND
PROVIDING FOR NOTICE THEREOF
WHEREAS, the City Council (the "City Council") of the City of Arcadia,
Califomia (the "Cit}~') has determined that, in order to improve public safety and
traffic circulation and ease congestion on Santa Anita Avenue, which is a critical
north/south arterial for the City, the City desires to cause the construcrion,
installation, acquisition and improvement of a grade separation at the intersection
of Santa Anita Avenue and the proposed Foothill Extension of the Metropolitan
Transit Authority Gold Line; and
WHEREAS, the City Council has determined that the public interest and
necessity demand the acquisirion, construction, installation and improvement by
the City of the certain public safety and traffic circulation related municipal
improvements idenrified as follows:
r~,
Construct, install, acquire and improve a grade separation
for Santa Anita Avenue at the intersection of Santa Anita
Avenue and the Metropolitan Transportarion Authority
Gold Line extension to improve public safety and traffic
circularion and ease congesrion.
WHEREAS, after study of alternatives, the City Council has determined that
it is advisable to provide the funding for the acquisition and construcrion of the
above-referenced improvements by means of general obligarion bonds; and
WHEREAS, Secrion 1(b) of Article XIIIA of the Califomia Constitution
excepts from the general one percent (1%) of full cash value limitarion those ad
valorem taxes used to pay for debt service of any bonded indebtedness for the
acquisirion or improvement of real property approved on or after July 1, 1978, by
two-thirds (2/3) of the votes cast by voters on the proposition; and
WHEREAS, in the judgment of the City Council, it is advisable to call an
election on the question of whether bonds shall be issued and sold and ad valorem
taxes be levied for the object and purpose set forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFOItNIA DOES ORDAIN AS FOLLOWS:
SECTION l. Recitals. The above recitals aze true and correct.
SECTION 2. Orderin~ Election. A municipal bond elecrion shall be
and is hereby ordered and will be held in the City on Tuesday, April 1 l, 2006 at
which election shall be submitted to the qualified electors of the City the question
of incurring a bonded indebtedness of the City for the object and purpose set forth
in the following proposition:
2
PROPOSITION (~:
Santa Anita Avenue Public Safety/Traffic Improvement Measure.
To improve public safety, vehicular and pedestrian traffic
and ease congesrion on Santa Anita Avenue, shall the City
of Arcadia cause to be constructed or acquired a grade
separation at the intersection of Santa Anita Avenue and
the Metropolitan Transit Authority Gold Line Foothill
Extension by issuing up to Eight Million ($8,000,000)
Dollazs of bonds, at legal rates, with citizens' oversight,
independent financial audits, and no money for
administrator's salaries?
The estimated cost of the municipal improvements set forth in the measure is
Thirteen Million ($13,000,000) Dollars including costs authorized pursuant to
Califomia Government Code Section 43610.1(a) and (b), which may be paid from
the proceeds of the sale of the bonds.
SECTION 3. Submission to Qualified Electors. The City Council does
hereby submit to the qualified electors of the City at the municipal bond election
the measure set forth in Secrion 2 of this Ordinance, and designates and refers to
the measure in the form of ballot hereinafter prescribed for use at the elecrion.
(a) The municipal bond election shali be held and conducted, and
the votes thereof canvassed, and the returns thereof made, and the result thereof
ascertained and determined, as herein provided; and in all particulars not
prescribed by this Ordinance, the elecrion shall be held as provided by law for the
holding of municipal elecrions in the City.
(b) All persons qualified to vote at municipal elections in the City
upon the date of the elecrion herein provided for shall be qualified to vote upon the
measure submitted at the municipal bond election.
3
(c) The polls at the polling places hereinafter designated shall be
opened at 7:00 o'clock A.M. of elecrion day and shall be kept open continuously
thereafter unril 8:00 o'clock P.M. of election day, when the polls shall be closed
(except as provided in Section 14401 of the Elecrions Code), and the elecrion
officers shall thereupon proceed to canvass the ballots cast thereat.
(d) The municipal bond election hereby called shall be consolidated
with any other elections to be heid in the City on April 11, 2006, all as required by
and pursuant to law; and the elecrion precincts, polling places and officers of
election within the City for the municipal bond election hereby called shall be set
forth in the notice of election officers and polling places for the election to be
published by the City Clerk of the City of Arcadia, as required by law, to which
notice reference is hereby specifically made for a designation of the precincts,
polling places and election officers of the municipal bond election hereby called.
Only qualified voters of the City shall be pernvtted to vote at the municipal bond
election.
(e) On the ballots to be used at the municipal bond election, in
addirion to all other matters required by law to be printed thereon, shall appear the
measure set forth in Section 2 hereof.
(~ The City Council shali confirm the canvass of the municipal
bond elecrion and shall cause to be spread upon its minutes a statement of the
results of the municipal bond elecrion as ascertained by the canvass at the first
available City Council meering following receipt thereof.
sEC'TTO1v z. Bonds. The City Council proposes to issue and sell bonds of
the City, in one or more series, for the object and purpose, but not exceeding the
amount, specified in the measure, if two-thirds of the qualified electors voting on
4
such measure at the municipal bond election shall vote in favor of the measure.
The maximum principal amount of the bonds shall be Eight Million ($8,000,000)
Dollars.
The bonds shall bear interest at a rate not to exceed the maximum legal rate
per annum, payable semiannually (except that interest for the first year after the
date of the bonds may be made payable at the end of said year), except as may
otherwise be permitted by law. The proceeds of the bonds shall be applied only to
the specific purpose idenrified in the measure set forth in Secrion 2 of this
Ordinance and shall be deposited into an account created for such purpose pursuant
to Government Code Secrion 53410. The City Manager shall cause the chief fiscal
officer of the City to file with the City Council annually a report complying with
the provisions of Government Code Section 53411.
SECTION 5. Publication. The City Clerk of the City is hereby
directed, upon the adoption of this Ordinance, to publish the same once a week for
two (2) weeks in the Arcadia Weekly, a newspaper published less than six (6)
days a week in the City. No other norice of the elecrion hereby called need be
given.
SECTION 6. Effective Immediatelv. This Ordinance shall be
forthwith entered upon the minutes of the City Council and in the Ordinance Book
of the City. This Ordinance, being an ordinance calling and ordering an elecrion,
shall take effect from and after its final passage and approval.
SECTION 7. Certification. The City Clerk shall certify the adoption of
this Ordinance.
5
Passed, approved and adopted this 3ra day of s8n„ary , 2005.
is~JOH~wuo
Mayor of the City of Arcadia
ATTEST:
/S! JAM~S H. ~~RROWS
City Clerk
APPROVED AS TO FORM:
~~-~d~~, (? I~~,~~
Stephen P. Deitsch
City Attorney
6
STATE OF CALIFOItNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Ordinance No. 2214 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meering of said Council held on the 3rd day of January, 2006 and that said Ordinance
was adopted by the following vote, to wit:
AYES: Councilmember Chandler, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
/S! JANtES He ~ARRO~VS
City Clerk of the City of Arcadia
7
'~t
~
~
`*CORp~$~T~~,yvo' STAFF REPORT
Development Services Department
January.3, 2006
TO: Mayor and Members of the City Council
FROM: Don Penman, Assistant City Manager/Development Services Director~
Tracey Hause, Administrative Services Director
SUBJECT: Resolution No 6509 aaprovin4 the tax rate statement, authorizina
members to file written arauments in favor of the measure, directinq
preparation of impartial analvsis and authorizinq members to file wntten
rebuttals for the Gold Line prade separation measure on the A~ril 11, 2006
ballot
Recommendation: Adopt
• SUMMARY
The City Council introduced Ordinance No. 2214 to place on the April 11, 2006
municipal ballot a measure to ask the voters whether they wish to approve a general
obligation bond measure to help finance the construction of a grade separation across
Santa Anita for the future Gold Line light rail line. One of the actions that is part of this
process is for the City Council to adopt a resolution that approves the tax rate
statement, authorizes members of the City Council to file written arguments in favor of
the measure, directs the City Attorney to prepare an impartial analysis of the measure,
and authorizes the filing of rebuttal arguments regarding the measure. Staff
recommends that the City Council adopt Resolution No. 6509.
BACKGROUND
Certain actions are required to place a measure before the voters. The City Council by
Ordinance No. 2214 called for a municipal bond election placing before the voters a
measure to consider approval of a general obligation bond for the construction of the
Gold Line grade separation on Santa Anita Avenue.
The attached Resolution No. 6509 provides for other actions as part of the placement of
the measure on the April 11, 2006 election. This includes approving the tax statement,
• filing written arguments and rebuttal arguments and preparation of an impartial analysis.
~
The resolution also references sections of the Elections Code that establishes the ~
priorities for written arguments and rebuttal arguments.
DISCUSSION
The Tax Rate Statement, which is Exhibit A to the Resolution, provides some of the
financial specifics regarding the measure. For example, it is estimated that the tax
would be $.00697 per $100 of assessed valuation. Based on this estimated tax rate,
the ayerage annual tax over the life of the bonds would be $6.97 for each $100,000 of
assessed valuation for single family homes. It should be noted that this is assessed
valuation as reflected on a property ownePs property tax statement; it is not the market
value of a home.
Actual rates and the years in which they will apply may vary from those presently
estimated due to market variations from these estimates in the timing of the bond sale,
the amount of bonds sold and the market interest rates at the time of sale, and the
actual assessed valuations over the term of the repayment of the bonds. The date of
the sale will be determined by the City depending on a number of factors including the
schedule for the construction of the grade separation.
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 6509 approving the O
Tax Rate Statement, authorizing the filing of written arguments in favor of the
measure, directing preparation of an impartial analysis by the City Attorney, and
authorizing certain of its members to file written rebuttals for the City measure.
Approved: ~ '""J
William R: Kelly, City Manager
0
RESOLUTION NO. 6509
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, (i) APPROVING
THE TAX RATE STATEMENT TO BE MAILED TO
VOTERS IN THE CITY OF ARCADIA PURSUANT
TO SECTION 9400 OF THE ELECTIONS CODE
(APRIL 11, 2006, SANTA ANITA AVENLTE PUBLIC
SAFETY/TRAFFIC IMPROVEMENT MEASURE),
(ii) AUTHORIZING ITS MEMBERS TO FILE
WRITTEN ARGUMENTS IN FAVOR OF CITY
MEASURE, (iii) DIRECTING PREPARATION OF
IMPARTIAL ANALYSIS FOR CITY MEASURE AND
(iv) AUTHORIZING CERTAIN OF ITS MEMBERS
TO FILE WRITTEN REBUTTALS FOR CITY
MEASURE
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFOItNIA,
DOES HEREBY F1ND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION l. Recitals.
A. The City Council has introduced Ordinance No. 2214, calling an election
in the City on the Santa Anita Avenue Public Safety/Traffic Improvement Measure
for the authorization of up to $8,000,000 of bonds; and
B. Pursuant to Secrion 9400, et seq., of the Elecrions Code, the City is
required to prepare a tax statement which shall be included in the election norices
sent to the voters in the City.
SECTION. 2. Best Esrimate of Tax Rate. That the best estimate of the tax
rate for the issuance of bonds (i) during the first fiscal year after the first sale of the
bonds, and (ii) with respect to the highest tax rate in a fiscal year, will be as set
forth in Exhibit "A" attached hereto and made a part hereof.
SECTION 3. Authorizing Argument for City Measure. That this City
Council, being the legislative body of the City, hereby authorizes any and all
members of the City Council to file a written argument in favor of or against the
Santa Anita Avenue Public Safety/Traffic Improvement Measure set forth in the
recitals hereof in accordance with Article 4, Chapter 3, Division 9 of the Elections
Code of the State of California and to change the argument unril and including
January 17, 2006, the date fixed by the City Clerk after which no arguxnents for or
against the City measure may be submitted to the City Clerk.
SECTION 4. Impartial Analysis. That this City Council, being the
legislative body of the City, hereby directs the elecrions officer to transmit a copy
of the foregoing measure to the City Attorney for the City, and directs the City
Attomey to prepare and submit to the City Clerk an impartial analysis of the
foregoing City measure, all pursuant to California Elections Code Secrion 9280.
2
SECTION 5. Authorizine Rebuttal Ar a~ment. That this City Council,
being the legislative body of the Ciiy, adopts Subdivision (a) of 3ection 9285 of
the Califomia Elections Code and hereby authorizes those persons filing the direct
argument in favor of the foregoing City measure to, if deemed advisable in their
sole discretion, prepare and submit a rebuttal argument not exceeding 250 words
and to file such rebuttal argument with the elecrions official not later than January
27, 2006 in accordance with Article 4, Chapter 3, Division 9 of the Elections Code
of the State of California.
SECTION 6. Certificadon. The City Clerk shall certify to the adoption of
this Resolution.
Passed, approved and adopted this 3rd day of January , 2006.
!~/ JOHN V~L~O
Mayor of the City of Arcadia
ATTEST:
is~ ~a~~~s H. QARR4~~S
City Clerk
APRROVED AS TO FORM:
~^~, _ 1(~. ~~~-~il~l/tK-~
- ~_. _,,.~
City Attorney
3
STATE OF CALIFOItNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6509 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 3rd day of January, 2006 and that said Resolution
was adopted by the following vote, to wit:
AYES: Council Member Chandler, Kovacic, Marshall, Sega1 and Wuo
NOES: None
ABSENT: None
ISI JAMES H. ~ARR0INS
City Clerk of the City of Arcadia
4
EXHIBIT A
TAX RATE STATEMENT
CITY OF ARCADIA
An election will be held in the City of Arcadia (the "City") on April 11,
2006, to authorize the sale of up to $8,000,000 in bonds of the City to finance a
grade separation for Santa Anita Avenue at the intersection of Santa Anita Avenue
and the Metropolitan Transportation Authority Gold Line, extension right-of-way,
as described in the measure. If the bonds are approved, the City expects to sell the
bonds in a single series of bonds in fiscal year 2006-07. Principal and interest on
the bonds will be payable from the proceeds of tax levies made upon the taxable
property in the City. T'he following information is provided in compliance with
Secrions 9400-9404 of the Elecrions Code of the State of Califomia.
1. The best esrimate of the tax which would be required to be levied to
fund this bond issue during the first fiscal year after the sale of the first series of
bonds, based on esrimated assessed valuations available at the time of filing of this
statement, is $.00697 per $100 of assessed valuarion in fiscal year 2006-07.
2. The best esrimate of the highest tax rate which would be required to
be levied to fund this bond issue, based on esrimated assessed valuarions available
at the rime of filing of this statement, is $.00697 per $100 of assessed valuarion in
fiscal year 2006-07.
Based on these estimated tax rates, the average annual tax over the life of the
bonds would be $6.97 for $100,000 of assessed valuation for single family homes.
Voters should note that these esrimated tax rates are based on the assessed
value of taxable property in the City as shown on the official tax rolls of the
County, not on the property's market value. In addition, taxpayers eligibie for a
property tax exemption, such as the homeowner's exemption, will be taxed at a
lower effective tax rate than described above. Certain taxpayers may also be
eligible to postpone the payment of taxes. Property owners should consult their
own property tax bills and tax advisors to deternune their property's assessed value
and any applicable tax exemprions.
The actual ta~c rates and the years in which they will apply may vary from
those presently estimated, due to variations from these estimates in the riming of
the bond sale, the amount of bonds sold and market interest rates at the rime of the
sale, and actual assessed valuations over the term of repayment of the bonds. The
estimates are based upon the City's projections and are not binding upon the City.
The date of sale and the amount of bonds sold at any given rime will be determined
by the City based on the need for construcrion funds and other factors. The actual
interest rates at which the bonds will be sold will depend on the bond market at the
rime of the sale. Actual future assessed valuarion will depend upon the amount and
value of taxable property within the City as deternuned by the County Assessor in
the annual assessment and the equalizarion process.
Dated: January ~ 2006
APPROVED BY THE CITY COUNCIL
l~ ~'~. ", ~~ d
Ineerpne
AuY~~~f~
~ /
STAFF REPORT
Development Services Department
January 3, 2006
TO: Mayor and City Council
FROM: Don Penman, Assistant City Manager/Development Services Director~
By: Donna Butler, Community Development Administrator /~~I
R5!~~
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
SUBDIVISION AT 1221-1225 SOUTH SECOND AVENUE AND 150
• EAST LA SIERRA DRIVE.
Recommendation: Adopt Resolution No. 6507
BACKGROUND
The City Council at its December 6, 2005 meeting voted 5-0 to approve Tentative Map
63552 for a five-lot subdivision at 1221-1225 South Second Avenue and 150 East La
Sierra Drive.
Attached is City Council Resolution No. 6507:
A Resolution of the City Council of the City of Arcadia, California, approving
'Tentative Map 63552 for a five lot subdivision at 1221-1225 South Second
Avenue and 150 East La Sierra Drive
RECOMMENDATION
That the City Council adopt Resolution No. 6507.
APPROVED BY: ~- `-'=~
William R. Kelly, City Manager
•
Attachment: Resolution No. 6507
RESOLUTION NO. 6507
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFOIZNIA, APPROVING
TENTATNE MAP 63552 FOR A FNE LOT
SUBDMSION AT 1221-1225 SOUTH SECOND
AVENUE AND 150 EAST LA SIERR.A DRIVE.
WHEREAS, on October 18, 2005 an appeal was filed by John and
Karen Barker appealing the Planning Commission's 4-1 vote to deny
Tentarive Map Application No. TM 63552 to create five residential lots from
three existing lots at 1221 and 1225 S. Second Avenue, and 150 E. La Sierra
Drive. more particulazly described as follows:
A portion of Lot 20 of Tract No. 808 in the City of Arcadia, County of
Los Angeles, State of California as per map recorded in Book 16,
Page 82 of Maps in the Office of the County Recorder of said County.
WHEREAS, a duly noriced public hearing was held before the
Planning Commission on October 11, 2005 to consider a request by the
applicant for a five lot single-family subdivision at which rime all interested
persons were given full opporiunity to be heard and to present evidence; and
WHEREAS, the Planning Commission voted 4-1 to deny the tentative
map; and
WHEREAS, on October 18, 2005 the applicant appealed the Planning
Commission's denial; and
,.
WHEREAS, on December 6, 2005 the City Council held a duly
noticed public hearing on said appeal and after closing the public hearing
voted 5-0 to approve Tentative Map 63552; and
WHEREAS, as part of the record of this hearing, the City Council
reviewed and considered:
1. All staff reports and related attachments and exhibits submitted
by the Community Development Division of the Development Services
Department to the City Council;
2. The record of the Planning Commission hearing regarding
Tentative Map 63552;
3. All information and material and documentation presented as
part of the public testimony at the City Council public hearing including the
staff report and the environmental documents (including the Negative
Declaration); and
WHEREAS, the above recitals are hereby incorporated as part of the
findings set forth below.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA., CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
~
6507
Secrion 1. That the factual data submitted by the Community
Development Division in the attached report is true and correct.
Section 2. T'he City Council finds:
l. That four (4} of the five (5) proposed lots comply with all
development standards and requirements of the Arcadia Municipal Code and
the zoning code, and that Lot 3, the proposed corner lot, complies with the lot
area and lot depth requirements but has a width four feet less than that
required for a corner lot (instead of the required 85 feet in width, it has a
width of 81 feet);
2. That Section 9113.6 of the Arcadia Municipal Code provides "that
[ifJ a modificarion of the requirements of this Division [Design of Lots] is
necessary by reason of the size, shape, topography, or other conditions of the
property within the subdivision or of adjacent property, [the City Council]
may, by majority vote grant such modificarions to this Division as are not
prohibited by the Subdivision Map Act and as are not inconsistent with the
General Plan";
3. That the SS'-0" lot width requirement for comer lots was adopted in
1988 and prior to that rime, the minimum lot width for a corner lot was 75'-
0"; that based upon evidenced presented at the public hearing, there are forty-
seven corner lots within the area that have lot widths less than the 85'-0"
~ 6507
required by the Arcadia Municipal Code and only two existing corner lots
within the area comply with the current 85'-0" wide standard; that for this
reason, and in particular due to size, shape and other conditions of the
proposed subdivision and the fact that other similarly situated comer lots in
the vicinity of the proposed corner lot enjoy the benefit of a lot width less than
85 feet, a modification of the width requirement in the amount of four (4) feet
(a modification of less than 5%) is reasonable and appropriate for the
proposed corner lot;
4. That the design of the subdivision and improvements will not cause
serious public health problems;
5. That the site is suitable for the density of development and that the
design will not cause substantial environmental damage or substantially and
avoidably injure fish or wildlife or their habitat;
6. That tlie proposed subdivision, together with the provisions for its
design and improvement, is consistent with the City's General Plan; and
7. That the discharge of waste from the proposed subdivision into the
community sewer system will not violate existing requirements prescribed by
a California regional water quality control board.
4 6507
Secrion 3. That for the foregoing reasons, the City Council approves
Tentarive Map 63552 for a five-lot subdivision at 1221-1225 South Second
Avenue and 150 E. La Sierra Drive.
Section 4. . The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this 3rd day of January , 2006.
OS/ JOHN I~UO~
Mayor of the City of Arcadia
ATTEST:
City Clerk of the City of Arcadia
IS/ JAMES H. ~ARRO~S
APPROVED AS TO FORM:
,
~~ iQ,~,~ ~ ' c~~it~.~~"~
Stephen P. Deitsch
City Attorney
5
6507
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolurion No. 6507 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regulaz
meeting of said Council held on the 3rd day of January, 2006 and that said Resolution
was adopted by the following vote, to wit:
AYES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
1S1 JA~ES H. ~ARRO~lS
City Clerk of the City of Arcadia
~_
.
~ ~
~~
STAFF REPORT
Development Services Department
DATE: January 3, 2005
•
TO: Mayor and City Council
FROM: Don Penman, Development Services Director/Assistant City Manager~
Bob Sanderson, Police Chief
Philip A. Wray, City Engineer~
Ed Cline, City Traffic Engineer ,
Prepared by: Ramiro S. Gonzalez, Assistant Engineer~
SUBJECT: Resolution No 6508 Adoptinq Prima Facie Speed Limits on Clark Street,
Goldrinq Road Santa Clara Street, Sunset Boulevard and a Portion of
HuntinQton Drive
Recommendation: Adopt
SUMMARY
On February 19, 2004 the City Council adopted the Engineering and Traffic (E & T)
Survey, required every five years to continue the use of radar enforcement, and set
speed limits on portions of 34 streets citywide. Since that time five (5) streets have
come to staffs attention as either not previously covered in the E&T Survey or in need
of adjustment. They are Huntington Drive between Colorado Place and Fifth Avenue,
and the entire lengths of Sunset Boulevard, Santa Clara Street, Goldring Road and
Clark Street.
correction to the data evaluation in the 2004 E& T Survey.
A new E& T Survey was conducted for four streets and the results are to lower the
speed limit on Sunset Boulevard from 40 to 35 MPH, and establish new speed limits of
35 MPH on Santa Clara Street, 35 MPH on Clark Street and 25 MPH on Goldring Road.
Huntington Drive is recommended to be lowered from 35 MPH to 30 MPH based on a
Staff recommends that the City Council adopt the resolution setting forth these prima
facie speed limits
BACKGROUND
• The California Vehicle Code Section 40802(b) defines a speed trap as a section of
highway with a prima facie speed limit not justified by an Engineering and Traffic (E &~
~ ~
6
Staff Report
Adopt Resolution No. 6508
January 3, 2005
Page 2 ~
Survey conducted within the last five years and where enforcement involves the use of
radar or other electronic devices used to measure the speed of moving objects. Section
40802 declares the evidence obtained from the use of a speed trap as inadmissible
court in prasecuting under the Code.
The current E& T Survey was adopted by the City of Arcadia on February 19, 2004.
This E& T Survey established speed limits on portions of 34 City streets and is required
for continued radar enforcement.
At the recommendation of the Police Department, an E& T was requested for Sunset
Boulevard, Santa Clara Street, Goldring Road and Clark Street for the purpose of re-
adjusting the speed limits on Sunset Boulevard and introducing the remaining three
streets to the Survey. In addition, the section of Huntington Drive from Colorado Place
to Fifth Avenue is proposed for a downward adjustment due to a correction to the
evaluation of the data that was used to establish the speed limit on that section in 2004.
DISCUSSION
The E& T Survey referred to above is defined in Section 627 of the Vehicle Code as a ~
survey of highway and traffic conditions in accordance with methods determined by the
Department of Transportation (Caltrans) for use by State and local authorities. The
survey must include:
1. Prevailing speeds as determined by traffic engineering measurements
2. Accident records
3. Highway, traffic, and roadside conditions not readily apparent to the driver
The Caltrans method bases speed zoning on the premise that a reasonable speed limit
is one that conforms to the actual behavior of the majority of motorists and that by
measuring speeds, one will be able to select a limit that is both reasonable and
effective. The Caltrans method states, in effect, that speed limits should be normally
established at the first five mile per hour increment below the 85~h-percentile speed.
The 85~h-percentile is defined as that speed at or below at which 85 percent of the traffic
is moving. Speed limits higher than the 85th-~ercentile are not generally considered
reasonable and safe, and limits below the 85~ -percentile do not facilitate the orderly
movement of traffic. Speed limits established on this basis conform to the consensus of
those who drive highways as to what speed is reasonable and safe, and are not
dependent on the judgment of one or a few individuals.
As a check of validity for the proposed speed limit, an analysis should be made of the
two-year accident record for the roadways under consideration. If this analysis reveals
an accident rate greater than what would be statistically expected from. the tra~c O
volume and road type, the speed limit should be reduced.
. Staff Report
Adopt Resolution No. 6508
January 3, 2005
Page 3
~
Regarding the third element of the study, Section 22358.5 of the Vehicle Code states
that it is the intent of the legislature that physical conditions such as width, curvature,
grade and surface conditions, or any other condition readily apparent to the driver, in
the absence of other factors, would not require special downward speed zoning.
However, other factors that need to be considered are roadway design speed, safe
stopping sight distance, super-elevation, shoulder conditions, profile conditions,
intersection spacing and offsets, commercial driveway characteristics, pedestrian traffic
in the roadway without sidewalks, etc.
Procedures as outlined in the Caltrans Traffic manual and briefly described above were
followed by the Development Services DepartmenYs consultant in conducting the radar
speed measurements as well as by the Engineering Division in reviewing accident
records and field checking for unusual conditions. 7he data thus obtained formed the
basis of this report and recommendations.
All sampled speed checks were conducted during off-peak hours and contained 100-
150 vehicles per location. The speeds shown on Attachment A(Speed Limit
Determination) are 85~h-percentile speeds. The pace is that 10-mile per hour increment
• containing the largest number of vehicles.
The speed limit justified by prevailing speed studies could be reduced by five miles per
hour on any street or portion thereof shown in the tabulation if accident rates are equal
to or exceed as least two of the following criteria:
1. Ratio of injury accidents to total accidents equal to or exceeding 0.33
2. Accident rate per million vehicle miles per year equal to or exceeding 1.55
3. injury accident rate per million vehicle miles per year equai to or exceeding
0.72
Two additional factors were also considered in establishing a justification of the
proposed speed limits:
. Roadway characteristics not readily apparent to the driver.
• Consistency with posted speed limits in adjacent jurisdictions.
As a result, the proposed speed limits are as follows:
• Huntington Drive from Colorado Place to Fifth Avenue - 30 MPH
• Sunset Boulevard from West City Limit to South City Limit - 35 MPH
• Santa Clara Street from Huntington Drive to Fifth Avenue - 35 MPH
. • Clark Street from Peck Road to Durfee Street ^ 35 MPH
• Goldring Road from Peck Road to the cul-de-sac 25 MPH -
Staff Report
Adopt Resolution No. 6508
January 3, 2005
Page 4
Please refer to attachment A for the details on the 85~h-percentile speeds and the
recommended reductions.
RECOMMENDATION:
That the City Council adopt Resolution 6508, a resolution of the City Council of
the City of Arcadia;`setting forth prima facie "speed limits on Clark Street, Goldring
Road, Santa Clara 5treet, Sunset Boulevard, and a portion of Huntington Drive.
APPROVED BY: ~
William R. Kelly, City Manager
Attachments:
Attachment A: Speed Limit Determinations and Justifications
Attachment B: Accident Rate Calculations
Attachment C: Speed Limit Reductions
Attachment D: Speed Limit Map (Proposed)
Attachment E: Resolution No. 6508
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RESOLUTION NO. 6508
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORI~IIA, ADOPTING
PRIMA FACIE SPEED LIMITS ON CLARK STREET,
GOLDRING ROAD, SANTA CLARA STREET,
SUNSET BOULEVARD AND A PORTION OF
H(JNTINGTON DRIVE OTHER THAN THOSE SET
FORTH BY STATE LAW
WHEREAS, in accordance with Califomia Vehicle Code Sections 22357
and 22358, Sections 3221 and 3222 of the Arcadia Municipal Code authorize the
City Council, on the basis of an engineering and traffic survey, to increase or
decrease the prima facie speed limit otherwise allowed by state law on certain
streets in order to facilitate the orderly movement of vehicular traffic in a manner
that is reasonable and safe; and
WHEREAS, the City of Arcadia has recently conducted an engineering and
traffic survey which together with earlier such engineering and traffic surveys,
indicates that a speed either greater than or less than that otherwise permitted by
state law upon certain streets in the City would facilitate the orderly movement of
vehicular traffic and would be reasonable and safe; and
WHEREAS, the City Council desires and intends to keep in place without
internzption those certain increases and decreases in the prima facie speed limit on
certain streets set forth in Arcadia Municipal Code Sections 3221 through and
including 3221.23 and Sections 3222 through and including 3222.9; and
1
WHEREAS, the City Council has adopted Ordinance No. 2190 which
permiYs the City Council, by resolution to increase or decrease the prima facie
speed limit on certain streets based on an engineering and traffic survey, while at
the same time removing from the Arcadia Municipal Code those certain increases
or decreases in prima facie speed limits in e~cistence at the time of adoption of
Ordinance No. 2190.
NOW, TI~REFORE, THE CITY COUNCIL OF TI~ CITY OF
ARCADTA, CALIFORTIIA, DOES FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
SECTION 1. On the basis of an engineering and traffic survey
conducted by the CiTy, an increase in the speed otherwise permitted by State law
upon the following streets would facilitate the orderly movement of vehicular
traffic and would be reasonable and safe. Therefore, the prima facie speed limit
shall be as hereinafter set forth on those streets or parts of streets specified
hereinafter in this Section l:
Clark Street between Peck Road and the easterly city limit of the City of
Arcadia, thirty-five (35) miles per hour.
Goldring Road between Peck Road and the dead end, twenty-five (25) miles
per hour.
2
Santa Clara Street between Huntington Drive and the easterly city limits of
the City of Arcadia, thirty-five (35) miles per hour.
SECTION 2. On the basis of an engineering and traffic survey
conducted by the City, the speed permitted by State law upon the following streets
is more than is reasonable and safe. Therefore, the prima facie speed limit shall be
as hereinafter set forth on those streets or parts of streets specified hereinafter in
this Section 2, and such prima facie speed limits are hereby deternuned to be
appropriate to facilitate the orderly movement of vehicular traffic and are
reasonable and safe:
Sunset Boulevard between the westerly city limits and the southerly city
limits of the City of Arcadia, thirty-five (35) miles per hour.
Huntington Drive between Colorado Placa and the easterly city limits of the
City of Arcadia, thiriy (30) miles per hour.
SECTION 3. The increase and decrease in prima facie speed limits set
forth in this Resolution sha11 be effective when appropriate signs giving notice
thereof exist or are erected upon the applicable street.
SECTION 4. This Resolution shall take effect upon its adoption.
SECTION 5. The City Clerk shall certify to the adoption of this
Resolution.
3
Passed, approved and adopted this
ATTEST:
IS/ JAMES H. ~~RRO~S
City Clerk
APPROVED AS TO FORM:
4 : ~
Cit~
3rd day of January , 2006.
IS/ JOHN ~IlU~
Mayor of the City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6508 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 3rd day of January, 2006 and that said Resolution
was adopted by the following vote, to wit:
AYES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
/S! ~A,MES H. ~~RROV~S
City Clerk of the City of Arcadia
5
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January 3, 2006
TO: Mayor and City Council
STAFF REPORT
Public Works Services Department
FROM: Pat Malloy: Public Works Services Directc~
Prepared by: Tom.Tait, Field Services Manag~r!
Dave McVey, General Services 5u
SUBJECT: Purchase two (212006 black and white aatrol cars
Recommendation: Approve the purchase of two. (2)
white patrol cars in the amount of $48,448.55 from
Company and appropriate $48,450 from the
Replacement Fund
SUMMARY
ent
2006 black and
Pasadena Ford
City's Vehicle
Staff is recommending that the City Council award a purchase contract to Pasadena
Ford Company for the. purchase of two (2) 2006 Ford Crown Victoria 4-door black and
white patrol cars in the amount of $48;448.55. These two (2) units will replace patrol
cars that were involved in major vehicle accidents and are beyond repair. One accident
was our fault and the other was by a private party involving our police unit. Funding for
the replacement of #hese units is not available in this year's Vehicle Replacement
Budget. Staff recommends that the City Council appropriate $48,450 from the Vehicle
Replacement Fund for these purchases. Staff anticipates that approximately $15,000
will be received from the private party's insurance company, which will be deposited
back into this account once the funding is received.
DISCUSSION
Two (2) patrol units were recently involved in accidents which resulted in a total loss o1
both vehicles. The units involved were two (2) 2004 Ford Crown Victoria patrol units.
The City's private insurance carrier declared that both vehicles are damaged beyond
repair. As a result, the insurance carrier notified the City that both vehicles were a total
loss. Subsequently the vehicles were removed from the City's active patrol fleet.
Staff investigated cooperative purchase agreements (also known as "piggy-backing")
with other municipalities for vehicies with specifications that are equal to or greater than
. the City of Arcadia's. The City of Long Beach, in cooperation with Pasadena Ford have
authorized the City of Arcadia to piggy-back on their purchase order for the purchase of
two (2) 2006 Ford Crown Vic Patrol units. The vehicles are available for immediate
pickup from Pasadena Ford, which will allow the Police Department to bring their fleet
back to normal operating needs.
Mayor and City Council
January 3, 2006
Page 2
Staff has determined that Pasadena Ford Company is a qualified dealership that will
provide vehicles, which meet City specifications. Staff recommends that the City Council
award a pucchase contract to Pasadena Ford Company for the purchase of two (2)
2006''ford Crown Victoria 4-door black and white pat~ol cars in the amount of
$48,448.55. ~
FISCAL IMPACT
Funding for the purchase of these vehicles is not included in this year's budget. Staff
recommends that the City Council appropriate of $48,450 .from the Vehicle
Replacemenfi Fund for the purchase of these vehicles. Approximately $15,000 will be
received from the private party's insurance company, which will be deposited back into
this account to partially offset the cost of this purchase. There is no impact to the
General Fund.
RECOMMENDATION
1. Appropriate $48,450 from the Vehicle Replacement fund to cover the
purchase cost of these vehicles.
2. Approve the purchase of two (2) 2006 black and white patrol cars in the
amount $48;448.55 from Pasadena Ford Company.
3. Waive the formal:bidding process and authorize a cooperative purchase
agreement using the.City,of Cong Beach police vehicle procurement bid.
- APPROVED: ~ -=--="=~ ,
William R. Kelly, City Manager
PM:TT:DRM:MA:dw
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c°~~°a~~Y o4~°~6' S TAFF REPORT
Public Works Services Department
January 3, 2006
TO: Mayonand City Council
FROM: Pat Malloy, Public Works Services Direc or ~
Prepared by: Tom Tait; Field Services Mana er
SUBJECT:
RECOMMENDATION: ACCEPT THE 2005 WATER SUPPLY
ASSESSMENT (WSA) FOR THE CARUSO PROJECT AT THE SANTA
ANITA RACE TRACK
SUMMARY
The population growth in the State of California has resulted in additional water demand
on water systems. Senate Biils 610 (Costa) and 221 (Kuehl) amended State law to
• require detailed information regarding water availability to be provided to city and county
land use planners prior to approval of certain land use development projects. This
Water Supply Assessment (WSA) follows the guidelines in California Water Code
Sections 10910-10912 for the approach, required information and criteria for
determining supply in the water supply assessment.
A copy of the 2005 Water Supply Assessment for the Caruso Affiliated/Magna
Entertainment Corp Project (Project) at the Santa Anita Race Track is available for
review in the City Managers office. Existing law requires every urban water supplier to
ensure that increased demands are adequately addressed and that a firm source of
water suppiy is available prior to approval of new development. The City's estimated
overall water demand by the year 2030, including the demand on our water system from
the Project is projected at 19,410 acre-feet peryear (AFY), which is 2,000 AFY greater
than current water demands on our system. The City currentiy meets water demands by
pumping groundwater from the Main San Gabriel Basin and Raymond Basin, and by
receiving direct deliveries of imported water from Metropolitan Water District of
Southem California (MWD).
The City Attorney has also recommended that the 2005 Water Supply Assessment for
the Caruso Affiliated/Magna Entertainment Corp Project at the Santa Anita Race Track
be presented to and accepted by the City Council.
•
Mayor and City Council
January 3, 2006 .
Page 2
DISCUSSION
The WaterSupply`Assessment (WSA) is required by Senate Bills 610 and 221 for major
proposed developments in a city or county to provide a detailed assessment to show
that a sufficient water supply is available to meet new water demands and written
verification to substantiate the assessment. State law further requires that the City
Council approve the Water Supply Assessment (WSA) at a regular city council meeting
and that the Water Supply Assessment (WSA), once approved by th'e'City Council, be
included in the Environmental Impact .Report (EIR) prepared for the Caruso Project
pursuant to Public Resources Code Section 21000:
The preparation of the Water Supply Assessment (WSA} for the Project at the Santa
Anita Race TracKwas a collaborative effort between Public_Works Services Department
and Stetson Engineers Inc., in conformance with. the law. The data in the WSA's
appendi,ces reflect the City's 2005 Urban Water Management Plan (UWMP), Fiscal
Year 2004/05 Budget and the Main San Gabriel Basin and Raymond Basin Judgments
respectively.
In compliance with applicable laws, the City's WSA includes the following:
.. . ' . . . ~ .~ 4
~:. ~Description of the service area, including current and projected population and
other demographic factors '
. Idenfify and quantify to the extent practicable, existing and planned sources of
water available to the City over five (5) yea~ increments
• Provide a description of any groundwater basins from which the City pumps
groundwater •
. A description of each water demand management measure that is currently
being implemented, or scheduled for implementation
. A detailed description and analysis of the location, amount, and vulnerability to
seasonal or climatic shortage for an average wate~ year, a single dry~water year
and multiple dry water ye'ars
The Main San Gabriel Basin andRaymond Basin have botHdemonstrated to be reliable
sources"of water during droughts. In addition, the City has access to treated imported
water from the MWD. Based on the demonstrated reliability of the City's water supply
sources, sufficient water supplies can be reasonably concluded to be fully reliable and
available to meet the City's future demands including this Project. `
It is therefore recommended that the 2005 Water Supply Assessment (WSA) for the
Caruso Affiliated/Magna Entertainment Corp Project at the Santa Anita Race Track be
accepted by tlie City CounciL
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Mayor and.City Council
January 3, 2006
Page 3
• - ENVIRONMENTAL IMPACT
The WSA will be included in the City's Environmental Impact Report (EIR) for the
Caruso' Project that is currently being prepared by the Development Services
Department.
FISCAL IMPACT
None.
RECOMMENDATION
Accept the 2005 Water Supply Assessment (WSA) for the Caruso Project at the Santa
Anita Race Track.
Approved: -~
William R. Kelly, Gity Manager
PM:TT:MA:dw
•
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~"°°RpoR-T~~-~°°" STAFF REPORT
Recreation and Community Services Deparhnent
DATE: January 3, 2006
TO: Mayor and City Council
FROM: (~}~ Roberta M. White, Director of Recreation and Community Services
V
SUBJECT: Newcastle Pazk Handball Court Lighting Standards
Recommendation: Adopt
3UMMARY
On July 11, 2005, there was a shooting at the Newcastle Pazk Handball Courts. The Police, Recreation
+. and Community Services and Public Works Services Deparhnents wozked together to analyze the
situation and made recommendations to improve park safety.
In the month after the shooting the following changes were made to Newcastle Pazk.
1. Extra patrols were made by the Police Department and zero tolerance was allowed for any
violations.
2. Public Works Services Department removed the service gates beside the handball courts
and replaced them with 10-foot sections of fence.
3. The pazking lot is now locked at 10 pm by the Police Department and unlocked at 6 am by
the Public Works Services Department.
4. The push button lights for the four handball courts were turned off at the master controls so
there could be no play after dazk.
At the October 4, 2005 City Council Meeting a request was made during oral communication that the
lights be turned back on at the Newcastle Pazk Handball Courts. The Council refened the matter to the
Recreation and Parks Commission.
The matter was considered at the October 12 and November 9, 2005 Recreation and Pazks Commission
Meetings. At both meetings four visitors attended to speak on behalf of the re-lighting the Newcastle
Pazk Handball Courts. (Two speakers were from Arcadia and two were from out of town.) They all
~ spoke of how they like to play handball or racquetball after work at Newcastle Pazk and haue been
doing so without any problems for 20-30 years.
Mayor and City Council- Newcastle Pazk Handball Court Lighting Standazds
January 3, 2006
Page 2 ~
The handball and racguetball players understand the safety concerns, but felt that the shooting was a
one-time occurrence. They expressed appreciation for the extra safety and security measures instituted
by the City. Before daylight savings time ended they would play after work, until it got dark.,Ever
since the shooting, the regulaz players carry their cell phones so they can call the police immediately if
a problem should occur. Fortunately no problems have arisen. Since the end of daylight savings time
on October 30, it is dark by 5 pm, so players could no longer use the courts after work.
After considerable review the Commission voted to recommend to the City Council that the lights at
the Newcastle Pazk Handball Courts be set up so they can be turned on at dusk and be operational until
8:00 pm, seven days a week.
This recommendation allows the regular users to play handball or racquetball in the eazly evening and
yet not have the lights on in the later hours. The lights are on a push button system and would have to
be activated to be used. The Recreation and Pazks Commissioners feel that the handball courts aze a
valuable recreation facility and would like to have them used if iY is safe to do so.
The Public Works Services Department modified the timer so that the lights can be tumed on at dusk
and go off no later than 8:00 p.m. This two month trial period has provided us with an opportunity to
see if this modified set up is effective in meeting the needs of the public but keeping the park safe.
The Recreation and Parks Commission and the Recreation staff would like to have council adopt this ~
new lighting standard, as the modified plan has been effective.
RECOMMENDATION
Authorize the Recreation and Coinmunity Servioes Department and the Public Works Services
Department to continue to operate the Newcastle Park Handball Court Lights on the modified time
schedule of dusk to 8:00 p.in., seven days a week, year rourid.
APPROVED:
~ 1~,:
William R. Ke11y, City Manager