The URL can be used to link to this page

Home My WebLink AboutMarch 7, 2006~.+.~eowvti MEETING AGENDA ~~~ Arcadia City Councii/Redevelopment Agency i~4~ r TUESDAY, MARCH 7, 2006 ?~.._. .eom This agenda contains a summary of each item of business which the Council may discuss or act on at this meeting. The complete staff report and all other written documentation relating to each, item on this agenda are on file~ in the; office of the City Clerk and the reference desk at the Arcadia Public Library and are available foc 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 tfie Americans with Disabilities Act, if you need special assistance to participate in a City Council meeting, please contact the City Manager's office at (626) 574-5401 at least three (3) business days before the meeting or time when special services are needed. This notification will help City staff in making reasonable arrangements to provide you with access to the meeting: ~~ 6:00 p.m., City Council Chamber Conference Room ROLL CALL AUDIENCE PARTICIPAT20N -(5 minutes per person) CLOSED SESSION a. Conference with Real Property Negotiators (Government Code Section 54956.8) Property: 55 W. Huntington Drive 21 Morlan Place . 28 W. Santa Clara Street 41 W. Huntington Drive 35 W. Huntington Drive 27 W. Huntington Drive Negotiating Parties - Agency Property Owner: Paul Rusnak Wendy Doo (Church in Arcatlia) Don and Ray Dahlgren Manuel De ]esus Romero Gary and Dan Braun (35 W. Huntington Partners) Richard Fisher (Templekadian) Deputy Executive Director and Economic Development Manager Under Negotlation - Price and terms of payment 7:00 p.m., in the Council Chamber INVOCATION PLEDGE OF ALLEGIANCE ' ROLL CALL REPORT PROM STUDY AND/OR CLOSED SESSION (AS NECESSARY) SUPPLEMENTALINFORMATION FROM STAFFREGARDING AGENDAITEMS MOTION TO READ ALL ORDINANCES/RESOLUTIONS BY TITLE ONLY AND WAIVE READING IN FULL PRESENTATION a. Presentation of ProdamaUon declaring Arborbay. b. ,presenWtion of Certificate to Arcadia High School Chfnese Parents Booster Club. c. Presentadon by Arcadia High School PTA President PUBLIC HEARING All interested.persons are invited to~appea~at the Public Hearing and to provide evidence or testlmony concerning the proposed items of mnsideratiort. You are hereby advised that should you desire to legally challenge any acdon taken by the Ciry Council with respect to any Public Hearing item on this agenda, you may tie limited to raising only those issues and objections which you or wmeone else raised at or prior to the time of the Pu61ic Hearing. 1. PUBLIC HEARING - ARCADIA REDEVELOPMENT AGENCY a. ResoluNon No. ARA 218, a resolutlon of necessiN for the acquisidon of a fee interest in certain real oro e~rtv more particularly desaibed as'assessors oarcel number 5775-025-030 by eminent domain for the Central Redevelooment Proiect Area in the Citv of Arcadia. California: Recommendatlon: Adopt 2. PUBLIC HEARING - CITY COUNCIL a. Resolution No. 6510. adoptina revised Transportation Impact Fee Proaram. Recommendation: Adopt b. 2o05-2006 Annual Weed Abatement Prooram and Protest Public Hearing, Recommendation: Approve 2005-2006 Weed Abatement Property List and direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties. AUDIENCE PARTICIPATION -(5 minutes per person) REPORTS FROM ELECTED OFFICIALS 3. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY a. Minutes of the Februarv 21. 2006 Reaular Meeting. Recommendation: Approve CONSENT CALENDAR - CITY COUNCIL b• Minutes of the Februarv 21 2006 Regular Meetinq, Recommendation: Approve c. Fnal Map 62920 for a 5-unit residential condominium project at 941 West Duarte Road. Recommendation: Approve d. Renewal of General Services Aareement with the Countv of Los Anaeles. Recommendation: Approve ' ' e. Resolution No. 6512, dedicatino certain o~ooertv on Sharon Road for street ourposes !a oortion of Lot 9 of Tract 47234L Recommendation: Adopt ry~ ~~' ~ J. ~..t I4.t ~AEb.. ~;~Y . ~4 AD]OURNMENT The City Council will adjourn this meeting to March 21, 2006, 6:00 p.m., in the City Council Chamber Conference Room. I P~~ ~me..ar.~H°°'~ CLOSEDSESSION ANNOTATED AGENDA Arcadia City Council/Redevelopment Agency TUESDAY, MARCH 7, 2006 ~~~ ~ a. Conference with Real Pmperty Negotiators (GOVemment Code Section 54956.8) NO REPOR7ABLE ACfION Property: PropeKy Owner: SS W. Huntinq[on Drive Paul Rusnak 21 Modan Place Wendy Doo (Church in Arcadia) 28 W. Santa Clara Street Don an0 Ray Dahlgren 41 W. Huntington Orive Manuel De Jesus Romero 35 W. Huntington Drive Gary and Dan Braun (35 W. Huntington PartnersJ ~ 27 W. Huntington Drive Richar0 Fisher (Templekadian) NegotiatingPartes-Agency DeputyExecutiveDirectorand Emnomic Developmen[ Manager Under Negotiation - Price and terms of payment PUBLIC HEARING 1. PU6LICHEARING•ARCADIA REDEVELOPMENTAGENCY a. Resoiution No ARA 218 a resolutlon of neressiN for Ihe acauisitlon of a fee Interes[ in certain real orooertv, more uardcularlv described as asses5ors wrcel num6er 5775-025-030. bv eminent domain Por pppROVEU the Central Redevetooment Proiec[ Area in the CiN of ArcaOia. Califomia. 5- 0 Recommendation: Adopt 2. PUBLIC HEARING - CITY COUNQL a. Resolutlon No 6510, adootina revised Transoortation Imoact Fee Proaram. APPROVED Recommendation: Adopt 5 - 0 b. 2005-2006 Annual Weed Abatement Prooram and Protes[ Public Hearina Recommendation: ApD~ove 2005-2006 Weed Abatement Property Llst and direct the Los Angeles County APPROVED Agricultu2l Commissioner ta abate nuisances upon those proDerties. ~ 5- 0 3. CONSENTGLENDAR-ARCADIAREDEVELOPMENTAGENCY ~ a. Minu[es of [he Febn~arv 21. 2006 Reoular Meetina. AP7ROYEU Recommendation: Approve 5 • 0 CpNSENTCALENDAR-CITYCOUNCIL b. Minutes of the Februarv 21. 2006 Reoular Meetina. APPROVED Remmmendatlon: Appmve ~ 5 - D a Flnal Mao 62920 Pof a 5-unit residential mndominium oroiect at 941 West Duarte Road APPROVED Recommendation: Approve 5 • 0 tl. Renewal of General Services Aareement with the Countv of Los Anaeles APPROVED Recommen0ation: Approve ' S - 0 e. Resolution No 6512. dedicatino certain orooertv on Shamn Road for street purooses (a oortion of La[ 4 of Tract 472341 APPROVED Recommen0atlon: Adopt 5 - 0 ;~ aa:oozo N~.~.., M~N~TES aao . . Arcadia City Council/Redevelopment Agency y.SZ":~ ~ . TUESDAY, MARCH 7, 2006 ~ ~°w~a~ .<wF 6:00 p.m., City Cauncil Chamber Conference Room ROLL CALL PRESENT: CounUl/Agency Members Chandler, Kova[ic, Marshall, Segal, and Wuo ABSENT: None AUDIENCE PARTICIPAIION -(5 minutes per pe~son) None. CLOSED SESSION a. Conference with Real Properry Negotiators (Gwernment Code Sectlon 54956.8) Property: 55 W. Huntington Drive 21 Morlan Place 28 W. Santa Clara Street 41 W. Huntington ~rNe 35 W. HuntingCOn Drive 27 W. HunUngton Drive Property Owner. ~ PaulRUSnak Wendy Doo (Church In Arcadla) Don and Ray Dahlgren Manuel De ]esus Romero Gary and Dan Braun (35 W. Huntington Partners) Richard Fisher (Templekadian) Negotla[ingPartles-Agency DepulyExecutlveDirectorand Economic Development Manager Under Negotiatlon - Price and terms W payment 7:00 p.m., in the Councll Cham6er INVOCATION Reverend Thomas Shriver, Emmanuel AssemWy of God PLEDGE OF ALLEGIANCE Lorl Phlllipi, Arwdia Hlgh School PTSA President ROLL CALL PRESENT: Councll/Agency Members Chandleq Kwacl[, Mars~all, Segal, and Wuo ABSENT: None REPORT FROM STUDY AND/OR CLOSED SESSION (AS NECESSARY) Steve Deistch, City Attorney, reported that the Ciry Council met in Closed Session [o dlscuss one item; no reportable actlon was taken 6y the City Councll. SUPPLEMENTALINFORMATION FROM STAFP REGARDING AGENDAITEMS None. MOTION TO READ ALL ORDINANCESJRESOLUTIONS BY TITLE ONLY AND WAIVE READING IN PULL A motion was made hy Councll Mem6er Chandier, semnded by Councll Member Marshall, and cartled without objectlon to read all ordlnances/resolutlons by tltle only anA walve reading In full. - Mayor Wuo welcaned 0oy Scout Troop 104 to [he meeting. PRESENTA7ION a. Presentatlon of Proclamation dxlaring Arbor Day [o Eileen Hubhard, Chalr of the Arcaciia Beautiful Commission b. Presentation of CertlFlCa[e [o Arcadla High School Chinese Parents Booster Cluh representatives Amy Tsal and Helen Uu c. Presen[atlon by Lorl Phlllipl, Arwdia High School PTSA President 1 03-07-20~6 48:0021 PUBLIC MEARING 1. PUBLIL NEARING - ARCADIA REDEVELOPMENT AGENCY a. Rewlutlon No. ARA 218. a resolutlon G necesslN for the acaulsitlon of a fee In[eres[ in certaln real orooertv. more oartlcularlv desalhed as assessors parcel num6er 5775-025-030 hv eminen[ domaln for the ~ Central Redeveloomen[ ProieR Area in the CIN of ArcaGla. Califomia. Recommenda[lon: AGOp[ ~ Stafl Repart ' Don Penman, Assistant City Manager/Developmen[ Services Direc[or, Brian Saeki, Ecanomic DeveloDment Manager, Steve Deitrch and Ken McVey, Ciry Attomeys, presented the report; staff noted that In a[cordance wIM [he Land Development and Assembly (LADA) wlth Rusnak (approved by the Redevelopment Agency on ]anuary 4, 2006), the Agency Board can pursue condemnatlon ot certain pro0ertles In the Central ReAevelopment ProJect Area; [onlght's action exdusivey tonsiders adoptlng the reSOIWOn of necessity In oMer W inltla[e property acqulsltlon negotladons with one property owner, ArcaCla Self Smrage; staff has been notlfled by [he awner of Arcadla Self Storage that Gue to lender obllgatlons, a formal condemna[lon actlon mus[ be Initlated by the City pnor to the Inceptlon of negalatlons; staff Is recommending Wnight's Redevelopment Agency adlon in order to initlate that proce55. Publlc Tes[Imony Dean Dennis, representing the owner of Arwdla Self Storage, appeared to speak on behalf of ArcaGla Self S[oage. Chtls[opher Sutton, attorney far Rod's Gtlll, appeared [o speak on his obJectlon to Councll approving U~is aNon. Dirk Hudson, Stanford Drive, appeared to 5peak In oppositlon to this Item. Name Indecipherable, appeared ta speak In oppositlon to Nis Item. Mark Bower, Arcadla resident, appeared to speak in opposltion to this Item. Brian Beete, presldent of Rusnak Arcadia, appeared to speak In support of this Item. Mi[hael Ache. 848 W. Huntinoton Drive. aoceared to soeak In suooort of this item. Motion to Gose A motlon was made by Agency Member Chandler, semnded by Agency Member Marshall, and naing no further Public Hearing ob)ecUOn the Mayor closed the public hearing. Ctty Councll Agency Member Kovadc inquired as to whether the public hearing was properly noticed and whether the blight Flndings Deliberatlon were correct. Staff noted that [he meetlng was D~~Y noHced and that the blight FlnGings from Ne 1970's were IawfuL Councll Member Chandler noted that Councll's actlon on this item was emotlonal, however it would provlde the 6est ben~t for this particular laatlon In Arcadla. ~ Mavor Wuo Inquired as to the soecifa of Mr. Dean's commentr. Motlon A motlon was made by Agency Member Chandler, seconded by Agency Member Marshall, and cartled on roll call vote - W atlop[ Resolutlon No. ARA 218, a rewlutlon of necessity for the acquisitlon of a fee interest in certaln real property, ~ more parTlcularly described as Assessors Parcel Number 5775-025-030 by eminent domaln for reGevelopment purposes In the Central Redevelopment ProJect Area In the City of Arcadla, Californla. Roll fall AYES: Councll/Agency Memhers Chandler, Marshall, Krnadc, Segal, anA Wuo NOES: None. 2. PUBLIC HEARING - CITY COUNCIL - a. Resolutlon No. 6510. adootina revised Transoor[atlon Imoac[ Fee Prooram. Rewmmendatlon: Adopt StaR Report Mr. Penman anG Philip Wray, City Engineer, presen[eG t~e report; pursuant to Oty Countll action a[ their December 6, 2005 meetlng, s[aff atlded the Impac[eG In[ersectlons along Mlchlllinda Avenue to the Transporatlon Impact Fee Program; Ne fee program has also been revised ta reflect a reductlon In righ[-of-way costs, tfie removal W one in[ersectlon and [he pmvislon for a vedit on [he fee calculatlon for exis[Ing land use Vaffic generatlon. PublicTestlmony None. Motlon to tlose A moUOn was made by Countll Member Chandler, secontle0 by Wuncll Member Marshall, and notlng no (uMer Public Hearing objec[ion the Mayor closed ihe publlc heanng. Gty CounUl None. oeliberotlon 03-07-2008 48:0022 Motlon A motion was made by Councll Member Chandler, Councll Member Segal, and carrled on roll call vote to adopt Resolutlon ~NO. 651-, a Rewlutlon of the City Council of the Ciry of Arcaeia, Californla, adopting revised Transpor[atlon ~ ImpacC Fees for new development In the Ciry of Arcadla. Roll Call ~~ ~ AYES: CouaciqAqeniy Members ChanGler, Segal, Kovacic, Marshall, and Wuo . NOES: None. . b. 2005-2006 Annual Weed Abatemen[ Program and Pro[e<_! Public Hearina Recommendatlon: Apprwe 2005-2006 Weed Abatement Pmperty Lis[ and direct the Los Angeles County Agricultural Commissioner to a6ate nulsances upon those properties. Staff Report Mr: Kelly presented the staff report; It Is staffs recommendatlon that the City Cauncll approve the a6atement lis[ and direR the County to pertom cdtlcal abatement servlces upon designated propetltes In Arcadia. Publlc Testimany . None. Motlon to Close A motion was made by Councll Member Chandler, seconded by Councll Member Segal and noting no furtfier ob]ectlon Publlc Hearing the Mayor closetl the publlc hearing. City Cauncil None. Deliberatlon Mo[ion A motion was made by Councll Member Segal, seconded by Council Member Marshatl, and carrled on roll call vote to - approve the 2005-20U6 Weed Abatement Property Llst and dlrec[ the Los Mgeles County Agtlcultu~al Commissloner to abate nuisances upon tliose properties. Roll Call AYES: Council/Agenry Members Segal, Marshall, Chandleq Kovacic, and Wuo NOES: None. AUDIENCE PARTICI7A7ION -(5 minutes per person) ]oseph Sargis, Arcadla resident appeared to erxourage the Clty Councll candidates W not accept contributlons hom international companies (Maqna or Westfeld) as part of their election camoaiqns. ~ REPORTS FROM ELECTED OFFICIALS MARSNALL No repat this evening. SEGAL ~ Thanked members of the ArcaGia Histoncal Society who commltteA recurdng funds [o the Arcadla Histodcal Museum; encouraged residents to partlcipate In upwming events at the Arcadla Community Center. ~ KOVACIC . Sent ge[ well wishes to Councll Member Segal's daughter, congratulated [he Arcadia High School Varsity Soccer 7eam who were successFUl In achleving a C[F Flnalist berth; encouraged resldents ro support the Measure A bond Issue appeadng on the upcoming ~ April 11, 2006 electlon ballot. CHANDLER Commented on the ACIION emergency preparedness program; he thanked Ciry staff Linda Garcla, Tom Talt, Kristin Olafwn, Sg[. Larry Horowitz, and Battalion Chlef Dave Otlell for their work to make the program successful. WUO Invited reslGents to participate In the upcoming Mayor's Prayer ereakfast on March 17, 2006 3. CONSENTCALENDAR-ARCADIA REDEVELOPMENTAGENCV a. Minutes of the Fehruarv 21 2006 Reaular Meetina Recommenda[lon: Approve ~ CONSENT CALENDAR - CITY CAUNCIL b. Mlnu[es of [he Fe6ruarv 21 2006 Reaular Meetina. RecommendaUOn: Approve ~ a Final Mao 62920 for a 5-i nn resltlen(lal condomini~m o otec[ at 941 West Ouarte Road Recommendatlon: Approve ~ d. Renewal of n ral 5 rvl Aar m nt with [h o nN of Los Ano I s Recommendatlon: Approve 03-07-2008 48:0023 e. Bewlutlon No. 6512. tledka[Ina certaln oroneM on Sharon Road for s[ree[ ourooses (a oortion of Lot 9 of T2[t 47239). Remmmendation: Adopt Motion A motlon was made by Cauncll Member Segal semnded by Councll Mem6er Chandler, and canletl on roll call vote [o ~ approve i[ems 3.a. through 3.e. on the Redevelopment Agency and City Councll Consen[ Calendars. Roll Call AYES: Coundl/Agency Members Segal, Chandler, Marshall, Kwadc, and Wuo NOES: None. AD]OURNMENT The City Counul adJourned this meeting at 8:55 p.m. to March 21, 2006, 6:00 p.m., In the dty CounUl Chamber Wnference Room. ]ames H. Barrows, City Clerk V~,.~~e~. a,, Vida Tolman Chlef Depury Ciry Clerk 4 03-07-2006 STAFF REPORT Arcadia Redevelopment Agency DATE: March 7, 2006 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 the acauisition of a fee interest in certain real oropertv. more qarticularlv described as assessors Califomia 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 Elks Lodge, for purposes of expanding his existing auto dealership. These properties are generally under~tilized, ladc 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 LADAwas 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 I~nder. The only way he would be able to sell, ;° to anyone would be if his property were "cor~demned" by a public agency. ... , _:' ~ ;,.._ . .. . .I: . _ , c .,,.'.. . . -.. _: y; . ..._, .... .. .,. . . , ..~..,._.. . :_:. . . - . .... .. .. . ...:.„,.: ..~.. ... ~ , -.. ~ . .-..... .. ,... _ ..._. , ... .. . . ^ ..:,.. ' . . ::... .:...... s..,~ . , r'- .... ..... '.'.: '. ~ ':~" .'.~.~. .. ._......... ~ . . _ .....~lu. ~ ..-.-..r~,.. ... ....~..: .. ... .:.' . ~ ~,~.,. ~ . .~.....~. . ... .. Chairperson and Agency Board March 7, 2006 Page 2 of 7 On January 3, 2006, a resolution of necessity for Rod's Grill and the Arcadia Self Storage buildings only was to be considered by the Agency Board. It was decided at this meeting to postpone the hearing to a date certain (March 7, 2006) so that staff could continue negotiations with both property owners. To date, negotiations with all property owners remain at a standstill with the exception of the Church in Arcadia. 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 only. Attempts to negotiate with Rod's Grill wili continue. 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: 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 attomeys 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 deGaring that the aoquisition of a fee interest in certain real property, more particularly described as Assessors Parcel Number: 5775-025-030, by eminent domain for redevelopment purposes in the Central Redevelopment Project Area, in the City of Arcadia, Califomia. The Agency Board should be aware that there are currently pending federal and state-wide initiatives which could affect the acquisition of property by eminent domain. BACKGR~UND 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 complaints 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 altemative proposals, the Board voted to make the 11-acre triangle, bound by Huntington Drive, Santa Anita Avenue and Santa Clara ' ~ Chsirperson and Agency Board March 7, 2006 Page 3 of 7 Street as °Priority One°. It has remained a prioriry 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 taxable bonds in 2001 for the purposes of redeveloping this site. In late 2000, the Agency Board directed staff to prepare an RFQIRFP 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. Ido 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 sold by Mr. William Adkins to Paui 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 or financial 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 Councif and Agency Board approved the LADA with Mr. Rusnak to assist with this expansion. Offer letters were then prepared and mailed to the properry 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 stn.~cture a deal at no cost to the Church. A site was identified for the Church. Negotiations with the Church are still on going. Staff is recommending that the Agency Board adopt the Resolution of Necessity for Arcadia Self Sterage building only for the following reasons: negotiations have been unsuccessful; the Agency's recently adopted Five Year Implementation Plan iderrt~es 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; the property is 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 this property 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 Boa~d has acquired approximately 150 parcels of land and adopted twenty-three (23) resolutions of necessity initiating the condemnation Chairperson and Agency Board March 7, 2006 Page 4 of 7 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 redevelopmenf project is bfighfed would preclude most large redevelopment projects from proceeding and frustrate the legitimate public goal 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 property (Arcadia Self Storage} is located in Los Angeles County, Arcadia, California (APN: 5775-025-030). 7he Agency is seeking to acquire a fee interest in this property. The lega! description of the fee interest is attached to the proposed Resofution of Necessity. PROJECT DESCRIPTION The Project inciudes the acquisition of approximately 3.6 acres of developed land that includes the Arcadia Self Storage parcel along with four (4) other adjacent properties. If all the parcels are acquired, the Arcadia Self Storage facility would be remodeled into office space and parts storage for the Mercedes dealership and the remaining buildings would be demolished and replaced with approximately 300,000 square feet of new automotive related construction (i.e., additional showroom, a new canopy and offce space). HEARINGS AND REQUIRED FINDINGS Califomia eminent domain law provides that a public entity may not commence an eminent domain proceeding untii its goveming 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 pubiic 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 states the Agency's intent to consider the adoption Resolution No. ARA 218, the right of each person to appear and be heard on these issues, 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 4his hearing at wfiicFi alf persorts who frfed a written request was mailed may appear and be heard. The Agency's legal counsel mailed the required notice to the ~ ' ~ ~h~irperson and Agency Board March 7, 2006 Page 5 of 7 property owners and businesses on December 19, 2005 for the January 3, 2006 meeting. Additional notification for this meeting was mailed on February 24, 2006. The above four required findings are addressed as follows: 1. The Public Interest and Necessitv Reauire the Proaosed Proiect Both economic and physical blight continue to exist in this general area which includes the subject property and is evidenced by: an aging and deteriorating building; a parcel of irregular form, shape or size; non~oMorming uses; deficiencies in parking; incompatible land uses. 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~onforming 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 mahy 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 PFoaertv Interests Souaht to be Acauired are Necessarv for the Prooosed Proiect Arcadia Self Storage. is one of five properties as identified in the LADA to be acquired for the purposes of expanding the Mercedes Benz dealership. Acquisition of this property is necessary for the proposed project due to its proximity to the existing dealership. 3. ;: The P_roiect is Planned or Cocated in:a>Manner that will be Most Com~atible with ~ .~~.u iv v~ vaacm r uuu~. vuvu.ai iu: ~~.~c.~oaa~ ~~ i ivmo u nu~ • ...~ . .'.>: ..~..... c .:.:.. ~ ..... . ~ _~_ . The ociginal concept for this project was to acquire the entire 11-acre triangle: This - would,haye;included acquiring;several other properties and relocating numerous - otherbusinesses and medical tenants. Through negotiations with Mc.Rusnak, the ,..: , . Chairperson and Agency Board March 7, 2006 Page 6 of 7 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 sign~cantly added to the complexity and overall cost of the project. 4. The offers of iust comqensation have been made to the aro~ertv owners An appraisal was prepared by Mason & Mason to establish the fair market value of the real property the Agency is seeking to acquire. Oifers of just compensation were made to the property owners to purchase the real property as established by the approved appraisal and as required by Section 7267.2 of the California Govemment Code. Although negotiated settlements may still 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 January 3, 2006 by the Redevelopment Agency to consider a Resolution of Necessity to initiate eminent domain proceedings. At the January 3, 2006 meeting, the resolution of necessity was postponed to a date certain (March 7, 2006). Only. the interested parties, their attomeys 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 could invite comments from the genera- publia Section 1245.240 of the Califomia 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, Ke/o v. Cifv 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 #ransfer of property to another private party. Under state law, the Agency has no later than six (6) months to commence an erninent domain action in court;after adopting a resolution of necessity. If an order for prejudgmerrt possession is issued as a result of filing an action in Court, the Agency may not obtain possession of.-occupied property any earlier than ninety (90) days from service of the order. Under state:law, an eminent domain trial for just compensation cannot begin any , earlier than-12 mo~-th"s=a~er filing the action:in court unless the parties stipttlate°to an earlier date. :,.: - - ' Chairperson and Agency Board March 7, 2006 Page 7 of 7 ENVIRONMENTAL REVIEW As part of the 2044 Land Assembiy 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. CONCLUSION As stated previously in this report, the property owner of the Arcadia Self Storage facility has represented to staff that due to obligations with his lender, he could not seil his property without being "condemned" by a public agency. There have been minimal improvements made to the building after the conversion from a Bekins facility in the mid 1980's and the property is under parked utilizing the cu~rent parking standards. In addition, self-storage is a non-conforming use in the Central Business District Zone and U- hauf truck and trailer storage is prohibited in the Project Area per ARA 172. Finally, acquiring the Arcadia Self Storage parcel will allow staff to attempt to continue negotiations with the remaining property owners and allow Rusnak Arcadia to rehab the building for parts storage and office uses. RECOMMENDATION THATTHE ARCADIA REDEVELOPMENTAGENCYADOPT RESOLUTION N0. ARA218, A RESOLUTION OF NECESSITY FOR THE ACQUISITION OF A FEE INTEREST IN CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED AS ASSESSORS PARCEL NUMBER 5775-025-030, BY EMINENT DOMAIN FOR REDEVEL~PMENT PURpOSES IN THE CENTRAL REDEVELOPMENT PROJECT AREA IN Tf-1E CITY OF ARCADIA, CALIFORNIA Approved: ~" "_~-"I William R. Keily, Executive Director Attachment: Exhibit A- ARA 218 Resolution of Necessity , , RESOLUTION NO. ARA 218 A RESOLUTION OF TFIE ARCADIA REDEVELOPMENT AGENCY DECLARING THAT THE ACQUISITION OF A FEE INTERE5T IN CERTAIN REAL PROPERTY, MORE PARTICULARLY DESCRIBED A5 APN 5775-025-030, BY EMINENT DOMAIN FOR REDEVELOPMENT PURPOSES IN THE CENTRAL REDEVELOPMENT AREA PROJECT IN THE CITY OF ARCADIA, CALIFORNIA WHEREAS, the Arcadia Redevelopment Agency (the "Agency") proposes to acquire a fee interest in certain real property located in the City of Arcadia, Califomia, more particularly described as Assessor's Parcel Number 5775-025- 030, described in Exhibit "A" which is attached hereto, for the Central Redevelopment Area Project in the City of Arcadia, Califomia 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 March 7, 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 assessm,erit;roll, notice and a reasonable opporiunity to appear at said hearing and be heard on the matters referred to 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. Com~liance 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, California. 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. SECTION 3. Descrintion of Propert~ 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 property to be acquired with sufficient detail for reasonable identification. SECTION 4. Findin~s. The Agency hereby finds and determines each of the following: (a) The pubiic 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 properiy interests described in E~iibit "A" is necessary for the proposed project; and (d) The required offers of just conlpensation pursuant to section 7267.2 of the California Government Code were made to the property owners. SECTION 5. Use Not Unreasonably 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 easements 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 -. . . < Page 3 of 5 exists or may reasonabiy be expected to exist in the future, counsel for the Agency is authorized to acquire the .real property subject to such existing public use(s) pursuant to section 1240.510 of the California Code of Civil Procedure. SECTION 6. More Necessarv Public Use. Some or all of the real property to be acquired is subject to easements and rights-of-way appropriated to exisring 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 deternunes 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 properiy being acquired that it determines are reasonably necessary to mitigate any adverse impact upon the existing 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 fuither 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 conect any. enors 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 Resolution. Passed, approved and adopted this ~th ~y of March ~ Zp06. ~ ~ ~~~~ ~~ Chairperson Arcadia Redevelopment Agency ATTEST: ~~M~ ~F \~~~ ~9 Y~~ 4~ Yf ~°OV W~~ Secretary APPROVED AS TO FORM: ~Y'rt~j.~G~.., t~". IdfN~l~O-~~. Stephen P. Deitsch Agency Counsel Page 5 of 5 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, Secretary of the Arcadia Redevelopment Agency of the City of Arcadia, hereby certifies that the foregoing Resolurion No. ARA-218 was passed and adopted by the Arcadia Redevelopment Agency of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meering of said Agency held on the 7th day of March, 2006 and that said Agency Resolution was adopted by the following vote, to wit: AYES: Agency Members Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None ISf ~~ ~ ~. ~ ~~~~ Secretary of the Arcadia Redevelopment Agency 6 109 EXHIBIT nAn 'PARCEL 1: THAT PORTION OF LOT 3 OF TRACT NO. 949, IN THE CITY OE ARCADIA, COONTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17 PAGE 13 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER 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 3D5 EEET TO THE MOST SOUTHERLY LINE OF LOT 9 OF TRACT NO. 1376B, AS PER MAP RECORDED IN BOOK 273 PAGE 37 OF MAPS, IN SAID RECORDERS OFFICE; TAENCE WEST ALONG SAID MOST SOUTEIERLY LINE TO THE SOUTHEASTERLY LINE OF MORLAN PLACE (60.00 FEET} AS SHOWN AND DEDICATED ON SAID TRACT NO. 13768; THENCE SOUTAWESTERLY 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 T,HE EASTERLY LINE OF SAID DEED TO F.W. JONAS AND ADELE S. JONAS AND ITS PROLONGATION THEREOF TO THE SOUTHERI,Y LINE OF SAZD 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 CaUNTY. i ,~ ~ ":. ' Q ~ ' a ~~ O~ O . ~ ~ % .~~~ ~ s~~+o~ s ^~ ~-a ~ ~y, ~~ , i ~. ~ V d ~_ da r~, ~ . ~i ~ ~ A s ~~ d'r~ r e~ m. p. . ~ . Ji d ~ ~y ~ ~,o = ~ ~. ~a ~ ~i , tio y b °L•. ~ ~ y~ ~ ti. ' i YJ ~6 ~( 6•. `) 6' y + 'y 6 i~ d d~r ~ ~. ~ .,.« _ _ o0 V2fy"1? Y.CNVS ~t ~ ~s ~~ ~ . ~ ~ ° °` `~~ i~ ~* < ~~ _ /yL ~~e 1 7 • 6~ 5 , y~ ~ - 51~~?. ~~ y . yPq. _ S a~S. ~~,5,~~, OS~ S 6~ v~j L~ f r"~O~Z ~~~s ~ ~'R ~ff ~ ~ ~ \ ~ dv $ r~ ~~Y z~'r ~ Jy D ~ .J'CO°~P~ YY °~°~' 'y oE~ ~ ~~~ ~ i Og ~ ~`~St'~01. ~ ~ ~ .~ C ::._- ~- ;,.: ~ G~ ~ N P~36oy `~,~~~' ~-'i C~' 25 gfi R=93.10' L=13.10' I ( I I ~ I I ~ ~I ~ ~ N ' I I I I I N N O I "' I I . . . . .... .... .... ~... . . . ... ... ... ... . . . . .... .... .... ..-- . . . ... ... ... - ~ Q.. .... ... :o .. m ad ~... ... .._. ..p .... ... .... ... -.~,-. HUNTINGTO` :. ~. :; ~~; ; ~ -- - .~: i` ~3-37 W. HUNTINGTOId DRIVE .~li I~AWN 6Y VF321Flm gY; FlLE W~ME PA(;E KMB THK 01MA177 1 OF 5 DRIVE BASEMENT STORAGE BUtLDING / 7,571 s.f. ~~~ aaasoN a~ ~v-soa REAL ESTATE APPRNSERS 8c CONSULTANTS DEGEMBER, 2001 I1~40' APPRAISAL SUPPORT SERVECES North Hills, CA (s~s) as~-oza~ P G~ R~~ ~ 6oy MQ Z~ 96' R=93.70' L=13.10' • I ~ I 1 ' ~ I I I ~" 0 I ~~ . j I ~~ ~ ~; ~ ~ ~~ ~ I s,2~s 9.f. 16' 6Y 9.5' ROLL UP DOCK HlGH .. _. _.. .. ~.. 1RUCK DOOR -....' ._' . .o~. .'.~i cr~'.~.~.'.~. . . . . a.EV_ . . . . . . . ~~,~R~S'f ~,NO.'.'RQU ~c -, lr0UA1, 35' . . . N0: 37~ ' NQ ' •N0.- . . . . . ~B. . . 33A 8' • - •p 't:p '/7.7'. . (~ ~'.~ ~. .-. . .L tl~. ~ 74t FIRST FLOOR STORAGE BUILDING / 7,531 s.f. 4.3' HUNTINGTON DRIVE nvrrwsQr . O~AASON & MASON APPRAISAL NGTaN DRIVE ~"- ~^'~ ^~"~°~ suPPORr de CONSULTAMS v. SERVICES A177 PZ OF'5- ..DECEMBER, 2001 1~40' ;(aiaj s~i9'oz~ ~:; GE . N P~A ~5 R~ R~f 6o5i M~ ~ ~ 2y 9~ R=93.10' L=13.10' . I . I I I ~ ~ ~ N 7~.~ ~ I ~; IN I "' I I I ( I SECOND FLOOR STORAGE BUlLDING / 7,675 s.f. a..... . ...c m ~ o. . . . . ...... ....... ........ . . _ . . . . . . __._~ 4.0' HUNTINGTON DRIVE 37' W. HUNTINGTON DRIVE Y VERIFlED BY: FlLE NMIE ?A~ "' THK= - 01 MA1.77 : 3.OF.; 5 APPWUSER ~ON & MASaN . ~ RE4L ESTATE APPRAISERS. ; & CONSULTANTS DATE. ... . SCALE ~.~ DECEMBER, 2001 1 "=40 APPRAISAL SUPPORT, SERVICES North Hills CA _ (81 B) 891-0244 c ~ ~ ~E N P~36oy OR~ `~°~ ~ 25 g6 R=93J 0' L=13.10' . ~ ~ I N ~ O M ~ ~ ~ n - " I I ~ I f ~ ~a.,• THIRD FLOOR STORAGE BUILDING / 7,675 s.f. ~ 4.0• ~ 0.2' APPRAISAL SUPPORT SERVICES North Hills, CA ,: (Si8) .891-0244 . ~G~ ~~~ p ~S~os • l`~`O 25gfi R=93.10' L=13.10' ~ ( I I I I ' I I I N ~ ~ M ~ I ~ ~ I I ~ N ' I I I I ( I L HUNTINGTON DRIVE FOURTH FLOOR STORAGE BUILDING / 7,675 s.f. APPRAISAL I SUPPORT ~ North H11s. CA (818) 891-0244 , ~ LA W OFFICE OF - CHRISTOPHER SUTTON 35 EAST UNION STREET, SUITE C ~ PASADENA, CALIFORNIA 91 1 03-3 945 TELEPHONE (626) 683-2500 •° FACSIMILE (626) 405-9843 ~ March 7, 2006 HAND DELIVERED City Council of the City of Arcadia Community Redevelopment Agency City of Arcadia, City Hall 240 West Huntinton Drive Arcadia, California 91007 RECEIVED MAR 0 7 2006 CI7Y OF ARCADIA CITY CLERK Re: Objections to Eminent Domain Resolution of Necessity: Agenda Item 1.a. a~ainst Arcadia Self Stora~e 35 West Huntington Partners. Dan and Gary Braun Dear Members of the Council and Redevelopment Agency: This office has been retained by Manuel Romero and Maria Romero, who are property owners and who do business as Rod's Grill located at 41 West Huntington Drive in Arcadia. Their property.shares a common boundary and easements with some of the other properties and businesses whom are now threatened by a proposed eminent domain proceeding. My clients have a direct interest in the possible use of eminent domain within 500 feet of their property due to the adverse impacts such condemnations will have on their property and business. This is particularly true as to the common easements shared with Arcadia Self Storage. It is also true if Morlan Place would be altered o~ closed as proposed by the Redevelopment Agency and by its developer Rusnak Mercedes Benz. There will be similar adverse impacts to my:clients property and business if nearby buildings are demolished to make way for a Rusnak Mercedes Benz expansion and/or if Rusnak's expanded activites onto properties to be seized coverburden o,f the public right-of-way and common easements. Failure to Evaluate Historic Status of Rod's Grill Rod's Grill is a historic property. It is eligible for inclusion in the National Register of Historic Places. The City and Agency have failed to undertake any adequate environmental review under the California Environmental Quality Act ("CEQA") regarding the use of such historic properties and the impact on Rod's Grill by the demolition or alteration of the adjacent Arcadia Self Storage building. Under the holdings of Burbank-Glendale-Pasadena Airport Authority v. Hensler (1991) 233 Cal. App. 3d 577, City of San Jose v. Great Oaks Water Co. (1987) 192 Cal. App. 3d 1005, People ex rel. Dept. of Public Works v. Bosio (1975) 47 Cal.App.3d 495, and Title 14 CCR sections 15065 and 15360 (state CEQA Regulations) and Public Respources Code sections 21083.2, 21084.1 no eminent domain resolution may be enacted until a full environmental impact is prepared which analyzes all historic resources and any adverse impacted by the proposed use of eminent domain. Faulure to Provide Minimum Required Hearing Notices The notices mailed in December 2005 and February 2006, failed to comply with due process of law as protected by Article One sections 1, 2, 7, and 19 of the California Constitution and by the Fourteenth Amendment to the United States Constitution. City Council of the City of Arcadia Community Redevelopment Agency Re: Objections to Eminent Domain March 7, 2006 page 2 Hand Delivered None of the holders of easements in common with Arcadia Self Storage were given any notice of this eminent domain hearing. None of the Arcadia residents and businesses with tons and tons material and personal property stored atArcadia Self Storage were given any mininal notice that this eminent domain hearing would force them to lose their tenant intertests at Arcadia Self Storage. Such minimal notice to tenants is required by law. See, Horn v. County of Ventura 1979) 24 Cal. 3d 605, Arrietta v. Mahon (1982) 31 Cal.3d 381, Walker v. City of Hutchison (1956) 352 U.S. 112, State of Connecticut v. Doehr (1991)115 L.Ed.2d 1, Conejo Park and Recreation District v. Armstrona (1981) 114 Cal.App.3d 1016, and L&M Professional Consultants. Inc. v. Ferreira (1983) 146 Cal. App. 3d 1038. Due process of law applies to eminent domain hearings held by local and state agencies. Both tenants and owners are entitled to minimal notice. The Arcadia Redevelopment Agency has violated the due process rights of the storage tenants because it has made no effort to notify any of them, either by letter, posting the premises, or advertisements in local newspapers. The Agency proposes to adopt an eminent domain resolution depriving such persons of their tenancies and seeks to apply "conclusive presumptions" to such a resolution, but the Agency has failed to notify any of these storage tenants of this hearing, despite such notice being an easy matter to provide. City and Agency Cannot Alter the U.S. Constitution By Local Ordinances There is no legitimate "public use" for this theatened eminent domain proceeding. The Fifth and Fourteenth Amendments to the United States Constitution provide that provide property may not be taken for a private use. The use of this seized property by Rusnak Mercedes Benz is an illegal private use. See, Hawaii Housing Authority v. Midkiff (1984) 467 U.S. 229, at 240-241, citing to Missouri Railroad v. State of Nebraska (1896) 164 U.S. 403 and Chicaqo Burlington & Quincy Rairoad Co. v. City of Chicago (1897) 166 U.S. 226. There is no "blighY' on this property, on this block; or anywhere in the redeveloment project area. Such "blighted conditions" are defined by Health & Safety Code section 33030 and 33031. Only the state legislature may define "blighted conditions." The City and Agency have not identified any such conditions. The City of Arcadia and the Arcadia Redevelopment Agency are ignoring the currentstatutory definitions of "blighted conditions" found in Health & Safety Code sections 33030 and 33031. The City and Redevelopment Agency are attempting to falsely label this proposed use of eminent domain as a remedy for "blighted conditions" where no such conditions exist and have never existed in Arcadia. The City and Agency cannot ignore the current state law. Only the legislature has the power to define "public use" and the City and Agency have no power to expand the application of eminent domain proceedings beyond that strict definition. City Council of the City of Arcadia March 7, 2006 Community Redevelopment Agency page 3 Re: Objections to Eminent Domain Hand Delivered Cit~and Agency Cannot Alter United State Laws Bv Local Ordinances The United States Congress enacted HR 3058 on November 30, 2005. Other Senate and House bills are pending. The City and Agency run the risk of losing future federal funds on a wide range of topics if they use eminent domain for other than a"public use." Congress has broad powers to overrule and punish state and local entities which violate property rights. The Fourteenth Amendment to the United States Constitution reads as follows in part: SECTION 1. All persons born or natruralized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the prvilsges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or proaerty, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. SECTION 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. When the United States Congress enacts laws to protect private property rights it has the authority under Section 5 of the Fourteenth Amendment to overrule state and local laws and to punish such entities and individual deemed to have violated such rights. Cit~and Agency Cannot Alter State Laws B~Local Ordinances State laws define when a"public use" exists. Local entities cannot use eminent domain in a manner which evades the deflnitions of "public use" set by state law. The City of Arcadia and theArcadia RedevelopmentAgencyare not"sovereign entities" and cannot expand the definition of "public use" but are fully subordinated to the control of the state. The 2006 definition of "blighted conditions" contained in Health & Safety Code sections 33030 and 33031 govern this proposed use of eminent domain. The stanards in these code sections define "public use" and the City and Agency are required to prove that such "blighted conditions" exist today on this property, on this block, and in the City. There is no rational or evidentiary support for a contention that any "blighted conditions" exist anywhere within the City of Arcadia. The California Constitution Mandates That A"Public Use" Must Support Any Use of Eminent Domain Article One sections 1, 7 and 19 of the California Constitution mandate that the power of eminent domain may only be invoked to serve a"public use." This dishonest application of antiquated ordinances to falsely claim in 2006 this is an area "predominated" by "blighted conditions" is a fraud and a gross abuse of the eminent domain process. It violates the California Constitution. City Council of the City of Arcadia Community Redevelopment Agency .•~. Re: Objections to Eminent Domain March 7, 2006 page 4 Hand Delivered Lack of Any Valid Public Use - Prior Arcadia Ordinances Declarin~`Blighted Conditions" Were Fraudulent In 1973 the Arcadia City Council first passed an ordinance to adopt the redevelopment plan. As originally proposed the redevelopment plan included the Santa Anita Race Track and the adjoining massive shopping malls. In the summer of 1973 the City's special counsel admitted in the minutes of the Planning Commission that no study or analysis of "blighted conditions" had been conducted in preparation of the ordinance and redevelopment plan. The City Council adopted the ordinance and the redevelopment plan in November 1973 without any evidence or actual suggestion that "blighted conditions" existed anywhere in the City or in the project area. It was a wholly fraudulent ordinance, and generaliy known to be such at the time. ) In 1976 the State Law Definition of "Blighted Conditions" Was Narrowed In 1976 the state's definition of "public use" of eminent domain proceedings as to "blighted conditions" was narrowed by amendments and repeals of Health & Safety Code sections 33030, 33031, 33032, 33033, and 33034. Pre-1976 langauge in the statute defining "blighted conditions" was eliminated and additional qualifying language was added. After 1976, the City of Arcadia and the Arcdia Redevelopment Agency never conducted a study noraddressed these changes in the definition of "blighted condititions" butthey merely continued to apply the outdated and repealed pre-1976 definitions as City and Agency staff implemented the 1973 redevelopment plan. Arcadia overstepped its limited powers when it continued to use the outdated definition of "blighted conditions." In 1984 the State Law Definition of "Blighted Conditions" Was Narrowed Further Again, in 1984 the state's definition of "public use" of eminent domain proceedings as to "blighted conditions" was narrowed by amendments and repeals of Health 8 Safety Code sections 33030, 33031, 33032, 33033, and 33034. Pre-1984 langauge in the statute defining "blighted conditions" was eliminated and further qualifying language was added. After 1984, the City of Arcadia and the Arcdia Redevelopment Agency never conducted a study noraddressed these changes in the definition of "blighted condititions" butthey merely continued to apply the outdated and repealed pre-1984 definitions as City and Agency staff implemented the 1973 redevelopment plan. Arcadia overstepped its limited powers when it continued to use the outdated definition of "blighted conditions." City Council of the City of Arcadia March 7, 2006 Community Redevelopment Agency page 5 Re: Objections to Eminent Domain Hand Delivered The 1986 Ordinance was Infected By Fraud In 1986 the Arcadia Ciry Council adopted another ordinance to amend the 1973 ordinance and the redevelopment plan. In 1986 the Council purported to extend to 1998 the power of the Redevelopment Agency to invoke eminent domain power over private propoerties. The 1986 ordinance failed to address the 1984 statutory changes to the definitions of"blighted conditions." The 1986 ordinance merely "presumed" that "blighted conditions" existed predominated in the project area. No studywas conducted to determine whether"blighted conditions" existed in the redevelopment project area 1986. The City Council adopted the ordinance without any evidence to support a notion that "blighted conditions" predominated throughout the project area. This was fraud. In 1993 the State Law Definition of "Blighted Conditions" Was Narrowed Even Further Again, in 1993 the state's definition of "public use" of eminent domain proceedings as to "blighted conditions" was narrowed by amendments and repeals of Health & Safety Code sections 33030 and 33031. Prior sections 33032, 33033, and 33034 were eliminated. Pre- 1993 langauge in the statute defining "blighted conditions" was eliminated and further qualifying language was added. The definition was becoming increasingly difficult to satisfy. After 1993, the City of Arcadia and the Arcdia Redevelopment Agency never conducted a study nor addressed these changes in the definition of "blighted condititions" but they merely continued to apply the outdated and repealed pre-1984 definitions as it implemented its redevelopment plan. Arcadia overstepped its limited powers when it continued to use the outdated definition of "blighted conditions." The 1999 Arcadia Ordinance was Infected By Fraud !n 1999 the Arcadia City Council adopted another ordinance to amend the 1973 and 1986 ordinances and the redevelopment plan. In 1999 the Council purported to extend to 2010 the power of the Redevelopment Agency to invoke eminent domain to acquire private properties. The 1999 ordinance failed to address the 1993 statutory changes to the definitions of "blighted conditions." The 1999 ordinance merely "presumed" that "blighted conditions" existed and predominated in the project area. It was based on the fraudulent 1973 ordinance. No studywas conducted to determine whether"blighted conditions" existed in the redevelopment project area in 1999. The City Council adopted the 1999 ordinance without any evidence to support a notion that "blighted conditions" predominated throughout the project area. This was fraud because it was patently obvious in 1999 that no portion of the project area could meet the 1993 standards and qualify as an area predominated by "blighted conditions." The 1999 ordinance was a naked power grabfo add twelve more years to the Redevelopment Agency's eminent domain power, which already had expired in 1998. City Council of the City of Arcadia Community Redevelopment Agency Re: Objections to Eminent Domain March 7, 2006 page 6 Hand Delivered The 1999 ordinance violated the "public. use" requirement of the California and United States Constitutions by authorizing future eminent domain proceedings bythe Redevelopment Agency to acquire non-blighted properties. The 1999 ordinance was a void attempt by the City and Agency to keep operating under the 1973 ordinance when no "blighted conditions" existed in 1973 and none existed in 1999. Violation of Due Process - The C.R.A. Cannot Use Antiquated and Fraudulent 1973 Findinas to Com~lv With 2006 Constitutional Requirements for a"Public Use" lt is a violation of due process of law in 2006 to utilize a 1973 ordinance finding of "blighted conditions" which never in fact existed in 1973. The use of the fraudulent 1973 and 1986 findings in 2006 is an invalid act because it is irrational and violates due process of law. Violation of Due Process - The C.R.A. Cannot Use a"Presumption" of Past "Blighted Conditions" Which Never Existed to Comply With the 2006 Constitutional Reauirements for a"Public Use" It is a violation of due process of law in 2006 to utilize a"presumprion" of "blighted conditions" which never in fact existed at the time of any of the prior ordinances. The use of the fraudulent 1973 and 1986 findings in 2006 is an invalid act because it is irrational and violates due process of law. in Taking the Arcadia Public Storage Building for a Continuing Storage Use In the case of Fresno Redevelopment A_gency v. Herrold (1978) 86 Cal.App.3d 1024, the Agency attempted to use eminent domain to acquire property to be used by the developer in the same manner as the prior private owner. This use of eminent domain was struck down by the court as prohibited by Health and Safety Code section 33394. The City and Agency now will use eminent domain to transfer the Arcadia Self Storage building to Rusnak Mercedes Benz for use a storage building. This violates redevelopment law and would be an illegal gift of public funds. If the owners of Arcadia Self Storage consent to this use of eminent domain as allowed by section 33394, they will violate Internal Revenus Code section 1033 and be disqualified from receiving any federal income tax benefits from the use of eminent domain. Any taxpayer with knowledge of the City and Agency and the owner seeking to defraud the federal government of tax revenues could file a Treasury Department Form 211 and reveal the illegal conduct and claim a percentage reward for the useful information exposing such a fraud. City Council of the City of Arcadia Community Redevelopment Agency 'Re: Objections to Eminent Domain March 7, 2006 page 7 Hand Delivered In the case of 99~ OnIyLStores Inc. v Lancaster Redevelopment Aaency (C.D.CaI. 2001) 237 F.Supp.2d 1123, a City and RedevelopmentAgencywere enjoined from utilizing eminentdomain powers when they fraudulently asserted the property was in an area predominated by "blighted conditions." The City and Agency attempt to satisfy the "public use" prerequisite of an eminent domain proceeding by claiming the area was "presumed" to be a"blighted area" because of such findings in a prior ordinance. The court found the ordinance to be irrelevant to current conditions at the property and cunenf statutory definitions of "blighted conditions." The lawyer for the City and Agency argued that California Health & 5afety Code section 33368 rendered.the findings in the old ordinance as "conclusive" and "binding" on the court. Thejudge asked whether section 33368 had repealed the Bill of Rights? After the City's lawyer was unable to respond, the court held that the presumptions in sections 33368 cannot overrule the Bill of Rights or the "public use" requiremernt found in Article One section 19 of the California Constitution and in the Fifth Amendment of the United States Constitution. Under the holding of 99¢ Only Stores. Inc v. Lancaster Redeveiopment Agency the City of Arcadia and the Arcadia Reiievelopment Agency must prove that this use of eminent domain in the.year 2006 is for a"public use" in 2006 as set forth in the defintion of "blighted conditions" in Health & Safety Code sections 33030 and 33031 based on 2006 conditions at the property and within the City of Arcadia. The staff report prepared by City Manager William Kelley and Redevelopment Manager ponald Penman fails to explain how the current 2006 definfions of "blighted conditions" contained in Health & Safety Code sections 33030 and 33031 apply to this property or anywhere in the City of Arcadia. They do not because they cannot. The staff report is a tissue of deceit. The Agency and City are Threatening to Violate H.R. 3058 A Federal Law. And Risk Losing All Future Federal Funds If the Agency and City proceed with this abuse of eminent domain powers they will likely lose future federal funds pursuant to the provisions of HR 3058 and other upcoming federal laws. This Proposed Use of Eminent Domain Is Not for "The Greatest Public Good" Because Rusnak Can Build an Elevated Facilitv Donald Penman and employees for Rusnak Mercedes Benz have stated that Rusnak has the ability and economic resources to expand upward, building a second level. The City and Agency staff have stated that such a vertical expansion would be approved. Thus, the taking of the adjacent property is merely a convenience to Rusnak, and is not for "the greatest public good." TheAgency Board cannot make the required finding tonight that this use of eminent domain will result in "the greatest public good and the least private injury." To do so would be groundless and would be a gross abuse of discretion. City Council of the City of Arcadia March 7, 2006 Community Redevelopment Agency pa9e $ , Re: Objections 4o Eminent Domain Hand Delivered This Proposed Use of Eminent Domain Does Not Result in "The Least Private Iniurv" Because Rusnak Can Build an Elevated Facilitv Donald Penman and employees for Rusnak Mercedes Benz have stated that Rusnak has the ability and economic resources to expand upward, building a second level. The City and Agency staff have stated that such a vertical expansion would be approved. Thus, the taking of the adjacent property is merely a convenience to Rusnak, and would not result in "the least private injury." The Agency Board cannot make the required finding tonight that this use of eminent domain will result in "the greatest public good and the least private injury." To do so would be groundless and would be a gross abuse of discretion. There is No Necessity for Using of Eminent Domain Because Rusnak Already Exists and Rusnak Can Build an Elevated Facilitv The huge Rusnak Mercedes Benz dealership already exists. This is not a proposal to establish a new land use or new employer in the area. There is no evidence that this particular horizontal expanion of Rusnak Mercedes Benz is "necessary." There are no "blighted conditions" anywhere in this area orwithin the City of Arcadia. The only proper "public use" for this eminent domain proceeding is the elimination of "blighted conditions." The assistance to Rusnak without the proven 2006 presence of "blighted conditions" is not a project associated with any "public use." There is no "necessity" for this particular expansion of Rusnak's business. The required finding of such a"necessity" is groundless and would be a gross abuse of discretion. Conclusion• Defeat 7his Improper and Unethical Eminent Domain Attempt On behalf of the owners of Rod Grill, we urge the City Council members, new sitting as the five member board oftheArcadia RedevelopmentAgency, to defeatthis illegal, dishonest, unethical, and immoral use of eminent domain for the private gain of Rusnak Mercedes Benz. Si ere , Christophe Sutton, Attorney for Rod's Grill, Manuel Romero and Maria Romero Council CRA Itr02 ORIGINAL REMINDER NOTICE OF CONTINi 1ED HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235(d) of the Califomia Code of Civil Procedure, you aze hereby reminded that a continued hearing (continued from January 3, 2006) will be conducted at a regular meeting of the Arcadia Redevelopment Agency to be held on Tuesday, March 7, 2006, 7:00 p.m., at City Council Chambers, Arcadia City Hall, 240 West Huntington Drive, Arcadia, California, at which time the Agency intends to consider adopting a Resolution of Necessity authorizing the commencement of an eminent domain proceeding for the acquisition of a fee interest in certain real property for public use which, according to the last equalized county assessment roll, is owned by you. The public use for which this property is to be acquired is for redevelopment in the Central Redevelopment Area Project in the City of Arcadia, California. The description of fee interest to be acquired is attached as Exhibit "A" to this notice. A hearing will be held at the time and place mentioned above. You have the right to appeaz and be heard on the following matters: Whether the public interest and necessity require the project for which your property is sought to be acquired. 2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. 3. Whether your property is necessary far the proposed project. 4. Whether the requirements of Section 7267.2 of the California Government Code have been met. RV L1T1V BASINGER\685139.5 ALL COMMUNICATIONS SHOULD BE ADDRESSED TO: Jim Barrows, City Clerk 240 West Huntington Drive Arcadia, California 91066 DATE OF HEARING: Tuesday, Mazch 7, 2006 7:00 p.m. PLACE OF HEARING: Council Chambers 240 ~~est Huntington Drive Arcadia, California 91066 DATED: February 23, 2006 BEST BEST & KRIEGER LLP BY: ~~..~,21 //,~1~ ~ Kendall H. MacVey Attomeys for City of Arcadia RVUTV BASMGER\685339.5 PROOF OF PERSONAL SERVICE I, Valynda F. Basinger, acting on behalf of the Arcadia Redevelopment Agency, hereby certify that on February 23, 2006, I mailed a copy of the attached notice by first-class mail to the following owner(s) of the real property located at 33-37 W. Huntington Drive, Arcadia, California and more particularly described as Assessor Parcel No. 5775-025-030: Dean E. Dennis, Esq. (Via Facsimile) Hill Faner & Burrill, LLP 300 S. Grand Avenue, Floor 37 Los Angeles, California 90010-3817 35 West Huntington Partners P. O. Box 8186 Goleta, Califomia 93118 Dan Braun 35 West Huntington Partners 5901 Encina Road, Suite C-5 Goleta, Califomia 93118 35 West Huntington Partners 35 W. Huntington Drive Arcadia, Califomia 91007 Edwardo Molina (Tenant/Possible Leasehold Interest) U-Haul 35 W. Huntington Drive Arcadia, Califomia 91007 Jose Estrada Insurance Agency (Tenant/Possible Leasehold Interest) 37 West Huntington Drive Arcadia, Califomia 91007 Goldsmith 3t Sons Jewelers (I'enanUPossible Leasehold Interest) 33-A West Huntington Drive Arcadia, Califomia 91007 Uniforms 4 School (Tenant/Possible Leasehold Interest) 33 West Huntington Drive, Suite B Arcadia, California 91007 Dated: February 23, 2006 RV LI'i~VBASINGER\685339.5 ORIG~NAL NOTICE OF HEARING TO PROPERTY OWNERS Pursuant to Section 1245.235(d) of the Califomia Code of Civil Procedure, you aze hereby notified that at a regular meetin•g to be held on Tuesday, Januazy 3, 2006, 7:00 p.m., at City Council Chambers, Arcadia City Hall, 240 West Huntington Drive, Arcadia, Califomia, the Agency Board of the Arcadia Redevelopment Agency intends to consider adopting a Resolution of Necessity authorizing the commencement of an eminent domain proceeding for the acquisition of a fee interest in certain real property for public use which, according to the last equalized county assessment roll, is owned by you. The public use for which this property is to be acquired is for redevelopment in the Cen4ra] Redevelopment Area Project in the City of Arcadia, Califomia. The description of fee interest to be acquired is attached as Exhibit "A" to this notice. A hearing will be held at the time and place mentioned above. You have the right to appeaz and be heazd on the following matters: Whether the public interest and necessity require the project for which your property is sought to be acquired. 2. Wtiether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. Whether your property is necessazy for the proposed project. 4. Whether the requirements of Section 7267.2 of the Califomia Govemment Code have been met. RVLI7IVFB~6853393 ALL COMIVIUNICATIONS SHOULD BE ADDRESSED TO: Jim Barrows, City Clerk 240 West Huntington Drive Arcadia, Califomia 91066 DATE OF HEARING: Tuesday, January 3, 2006 7:00 p.m. PLACE OF HEARING: Council Chambers 240 West Huntington Drive Arcadia, Califomia 91066 DATED: December 19, 2005 BEST BEST & KRIEGER LLP BY: l~ ~ ~~ Kendall H. MacVey Attorneys for City of Arcadia RVCI7IVFB\6853393 PROOF OF PERSONAL SERVICE I, Valynda F. Basinger, acting on behalf of the Arcadia Redevelopment Agency, hereby certify that on December 19, 2005, I mailed a copy of the attached notice by first-class mail to the following owner(s) of the real property located at 33-37 W. Huntington Drive, Arcadia, Califomia and more particularly described as Assessor Pazcel No. 5775-025-030: 35 West Huntington Partners P. O. Box 8186 Goleta, Califomia 93118 Dan Braun 35 West Huntington Partners 5901 Encina Road, Suite C-5 Goleta, California 93ll 8 35 West Huntington Partners 35 W. Huntington Drive Arcadia, California 91007 Edwardo Molina (Tenant/Possible Leasehold Interest) U-Haul 35 W. Huntington Drive Arcadia, California 91007 Jose Estrada Insurance Agency (TenanUPossible Leasehold Interest) 37 West Hunting[on Drive Arcadia, California 91007 Goldsmith & Sons Jewelers (Tenant/Possible Leasehold Inteiest) 33-A West Huntington Drive Arcadia, Califomia 91007 Uniforms 4 School (TenanbPossible Leasehold Interest) 33 West Huntington Drive, Suite B Arcadia, Cal' mia 07 Dated: December 19, 2005 RVLI1lVF6~685339.3 109 EXHIBIT "A" PARCEL 1: THAT PORTION OF LOT 3 OF TRACT NO. 949, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 17 PAGE 13 OF MAPS, IN THE OFEICE OF THE COUNTY RECORDER OF SAZD COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHERLY LINE OF SAID LOT 3, D,ISTANT 402.20 FEET WEST, FROM THE SOOTHEAST 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 I,INE 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 SOUTHERSTERLY LINE OE MORLAN PLACE (60.00 FEET) AS SHOWN AND DEDICATED ON SAID TRACT N0. 13768; THENCE SOUTHWESTERLY ALONG 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 NO. 1442, OF OFFICIAL RECORDS OF SAID COUNTY; THENCE SOUTHERLY ALONG T~-IE EASTERLY LINE OF SAID DEED TO F.W. JONAS AND ADELE S. JONAS F1ND ITS PROLONGATION THEREOF TO THE SOUTHERLY LINE 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 SOUTHERI,Y 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. ;~ o`` ~ ~- o, ~ ~•m . o. o~ .~ ~:; ~ .,-. a O y <~„ : ~ F„ , ` ~' ~~~' m m i %y A:. o- ~ ~ . ~isri m v,^~ n-ir ^ JO'l!J/~Y ~ll. . vavi~ V1NYS • ;~ ~e ~~ a^/ ~4 0'/ , _~ G\ ~ ~ ~" % ~ ..~AV ~ ~\~\ ~~r ~ .4,6.~ . , `~ -$~ . 1~~ ^,5 ~? ~ . p.5 . ~.P'~. ,P ~'h aQs" ~ ~1 ~ ~s; Sos b~ ~~ ~s rV'o°2 ~ ~~ ~. ~'a~<"i . ~ p2 Y ~(' ~ Y ~i ,(J JL. \~ 6'y` d'i' ~ Y S ~~ _~ C ~N +,. ~~ e 7 ~ ~Q'v ~i 'LO dp 'r ~ r `'iao o~°c B~ Yy~i ...i S . ~~ ~ A,~~ ~ 0~` ;~ r" S~'~ol o`~~' ~ ~G~ N P 355 R` p, Et?,yy0 M~ v ' 25 96 R=93.10' L=13.10' . I I I I I I I I I N ~ I I M I I ~ ~ I I 1[] n ~ N I I I I I I ~ ~ . . . ... . . . . . . . . ........ . . . ... ... ... ~ ........ ........ ~ ~ ~ ~ ~ ~ ... .. ~ ` o . ~ . . . .. . . . . o ~ o ~.. ... ........ ........ .. .. 0~.4' ~ BASEMENT STORAGE BUILDING / 7,571 s.f. HUNTINGTON DRIVE ~T` ~ "~~"~ MI~~SON de MASON APPRAISAL -37 W. HUNTINGTON DRIVE R~' ~A~ ~P~~ SUPPORT ~ dc WNSULTANiS SERVICES !~A'MJ 8Y: KMB VERIFlm BY: THK FlLE NMIE 01 MA177 PACE 1 OF 5 DA7E DECEMBER, 2001 ~E 1"=40' North Hills. CA (ais) as~-oza4 ~G~ ~ 3 N ~~5 R ~`~~6~. M~ ~" ~ Zg.96 R=93.10' 1=13.10' I ~ I I I I I I I N N I M I I I m I I - N N N ' C~~~ I I 2~2~6 S.f. 16' BY 9.5' ROLL UP DOCK HIGH e -, e„ .. ~., TRUCK DOOR ~ FIRST FLOOR ~ ~ _ . ~. ~. °~• STORAGE BUILDING .~.~aocFir~....... 7,531 s.f. ~v_...... ............. ' o' 'RESf ~ N0. ' • ~~' .~ ° ~ RObM ~ 35' ' ROOM o ' NO: 37' ' N0: ~ ~NO. ~ . . ~B. . . ~q ' .S'.1,7' :0 ' 1:0 '19'. , 4.3' 1~.0' ~ t.0' CANOPY 17.8 22.0 17.8 -~n 741 s.f. T~ r-.~i~ o~ HUNTINGTON DRIVE ar~aECr' A°~'"'~ MASON dt MASON APPRAISAL 33-37 W. HUNTINGTON DRIVE R~ ~A~ ~P~~ SUPPORT dc CONSULTANTS SERVICES DRAWN BY: VE.RIFlED BY: FlLE NAME PAGE OAIE ~E North Hills. CA KMB THK 01 MA177 2 OF 5 DECEMBER, 2001 1"=40' (s~e) as~-oza.e GE ~,N P~~boy~ M~R ~'~ . Z5 gfi R=93.10' L=13.10• I I I I I I ~ ~I ~ ~ N ' ....... ....... o .~.~.~.~.~.' ...... ...... .~.~.~.~. o ~ ~ .. ~ o ..... .....o I I I IN 0 I" I I I I I 0.2' HUNTINGTON DRIVE THIRD FLOOR STORAGE BUILDING / 7,675 s.f. ~~E~~ ~`~"~ ~~N ~ ~ APPRAISAL 33-37 W. HUNTINGTON DRIVE R~ ~A~ ~P~ SUPPORT dc CONSULTANTS DRAWN BY: VEPoFlm BY: FlLE NAME PAGE DAIE SERVICES KMB THK 01 MA177 4 OF 5 DECEMBER, 2001 1~40' (eiajhssi~s,a2 Q~~~ R~,N R ~ e o5 M~ ~' 25 96 R=93.10' L=13.10' ~ I I I I I I I ~ I ~" IM I I ~ ~~ I ~ ~ " I I I ~ FOURTH FLOOR STORAGE BUILDING / 7,675 s.f. a.o'. ~ 0.2' HUNTINGTON DRIVE ~rtaECr: ^~ MASON ~t AIASON APPRAISAL 33-37 W. HUNTINGTON DRIVE REAL E~ATE APPRNSERS SUPPORT ~ ~~T'~ SERVICES DRAWN BY: VERIFlED BY: FlLE NAME PAGE DA7E ~ ~ Narth Hills. CA KMB THK 01 MA177 5 OF 5 DECEMBER, 2~01 1"=40' (e~e) esi-ozna _..~. ~ i STAFF REPORT Development Services Department DATE: March 7, 2006 TO: Mayor and City Council FROM: Don Penman, Assistant City ManagedDevelopment Services Director~ Philip A. Wray, City Engineer ~ SUBJECT: Resolution No. 6510 Adoptinq Revised Transportation Imoact Fee Proaram Recommendation: Approve and Adopt Resolution No. 6510 SUMMARY On December 6, 2005, the City Council approved the Transportation Master Plan and adopted the Transportation Impact Fee Program. The Master Plan projects traffic growth over the next 25 years at the 27 most critical signalized intersections in Arcadia and identifies the intersections in need of future improvements. The Transportation Impact Fee Program establishes a fee for developer contribution. At that meeting, the City Council requested staff to add the impacted intersections along Michillinda Avenue to the Fee Program. Staff has revised the Fee Program to include the intersections on Michillinda Avenue at Foothill Boulevard, Colorado Boulevard and Sunset Boulevard. The Fee Program has also been revised to reflect a reduction in right-of-way costs, the removal of ane intersection and the provision for a credit on the fee calculation for existing land use traffic generation. The Development Services Department recommends approval of the revised fees set forth in the staff report and adoption of Resolution 6495 modifying the Transportation Impact Fee Program for new development. BACKGROUND On December 7, 2004, the City Council approved a Professional Services Agreement with Meyer Mohaddes & Associates to prepare an update of the City's Transportation Master Plan. The 27 most critical intersections in the City were studied using new growth rate projections over the next 25 years. The growth included all known projects such as the mall expansion, the Race Track project and a regional growth rate for future unknown projects, both within and outside the City. The results of the analysis indicated that seven (7) intersections are currently deficient and 22 intersections will be deficient by the year 2030. Staff Report Resolution No. 6510 March 7, 2006 Page 2 Deficiencies are measured using the Intersection Capacity Utilization (ICU) method developed by the Institute of Transportation Engineers. The ICU method determines the ratio of volume to capacity at a given intersection, and converts the ratio into a letter ranking from A to F, known as Level of Service (LOS), with LOS "A" being best and LOS "F" being worst. The City's General Plan Strategy is to maintain roadway operations at or better than LOS "D". The City recognizes that there will be periods where intersection operations may exceed LOS "D", as with the seven current intersections, but it is the City's goal to explore ways fo improve fhese intersections to ultimateiy bring them back to LOS "D". The Master Plan identified the improvements necessary at each of the 22 intersections that are proposed to be below LOS "D". The Fee Program is based on improvements to 18 of the 22 intersections at a total cost of $22,958,000. To impose a fee on Arcadia development, the costs associated with the impact caused by the growth outside the City must be factored out because the City has no authority to impose fees outside the City. On December 6, 2005, the City Council approved the Transportation Master Plan and adopted the Transportation Impact Fee Program for Arcadia development. At that meeting, the City Council requested staff to add the intersections along Michillinda Avenue to the program. DfSCUSSfON Staff has revised the Transportation Impact fee program to incorporate the following changes: Addition of Michillinda Avenue Intersections - Three (3) impacted intersections along Michillinda Avenue at Foothill Boulevard, Colorado Boulevard and Sunset Boulevard were originally excluded from the program because they are partially under the jurisdiction of the County of Los Angeles. The costs to improve these three intersections have been added to the program and have been adjusted to include only the City's share of the total. Further discussions will be held with the County to determine a plan for implementation and cost sharing. Removal of Baldwin Avenue and I-210 Freeway Eastbound Ramps intersection - This intersection was removed from the Fee Program because it is currently being pursued by Westfield as a mitigation measure for the mall expansion. Reduction of right-of-way costs - Several intersections have significant right-of-way requirements for future improvements that may be unrealistic. Because they are significant and conceptual and are likely many years away if needed at all, staff is recommending removal of 50% of the right-of-way costs to account for these conditions. Several intersections may require further study in the future to consider right-of-way and improvement alternatives. It is staffs opinion fhat the improvement costs proposed to remain in the program are sufficient to cover other alternatives and should remain in the program. . - ~i : Staff Report Resolution No. 6510 March 7, 2006 Page 3 Credit for existing use of property - The initial Fee Resolution was adopted with a clause not to allow credit for existing land uses. Upon further review, credit for existing uses is a valid concern. The Master Plan evaluated the base condition using traffic data from January 2005. If it can be proven that a given property had an existing use at that time, the traffic generation will be credited from the proposed impact fee. The result is a revised unit cost of $1,560 per P.M. peak-hour vehicle trip from the prior $2,379. The unit cost is then used to determine unit costs for several common types of land uses. See Exhibit "A" of Resolution No. 6510. The unit costs per land use table, Exhibit "A" of Resolution 6510 will be used to determine the fee for each development. In the event an unusual land use is proposed, the City may use the Trip Generation Manual prepared by the Iristitute of Transportation Engineers or equivalent to determine a more appropriate trip rate and cost. All fees are based on the $1,560 per P.M. peak hour trip. It should be noted that these revisions would not impact traffic mitigation measures adopted for the expansion of the mall and the proposed Santa Anita Specific Plan. Those projects will still be required to pay for improvements needed as a result of their developments. ENVIRONMENTAL ANALYSIS Pursuant to Section 15276(a) of the CEQA guidelines, the modification of a trarisportation improvement fee program is exempt from CEQA. FISCAL IMPACT The modified fees will enable the City to pay for the portion of the transportation improvements necessitated by new development in Arcadia. The City will need to pursue other funding opportunities to pay for the improvements necessitated by regional development outside of Arcadia. RECOMMENDATION Adopt Resolution No. 6510 Revised Transportation Impact Fee Program. Approved By: .-- ~="'" "'`a' William R. Kelly, City Manager DP:PAW:pa , ~ RESOLUTION NO. 6510 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING REVISED TRANSPORTATION IMPACT FEES FOR NEW DEVELOPMENT IN THE CITY OF ARCADIA WHEREAS on December6, 2005, the City Council ofthe City ofArcadia approved the Transportation Master Plan and adopted Resolution No. 6510 approving the Transportation Impact Fee Program; and WHEREAS the City Council requested the addition of three impacted intersections on Michillinda Avenue at Foothill Boulevard, Colorado Boulevard and Sunset Boulevard to the Fee Program; and WHEREAS the Transportation Impact Fee Program has been modified to remove the intersection of Baldwin Avenue and the I-210 Freeway Eastbound Ramps and 50% of the right-of-way costs; and WHEREAS, a duly noticed Public Hearing was held by the City Council on March 7, 2006 concerning the proposed adoption of revised Transportation Impact Fees as setforth in this Resolution. NOW, 7HEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FiND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1 A. The Transportation Impact Fees set forth herein shall be imposed upon afl new development in the City. The purpose of the Transportation Impact Fees is to help pay for needed tra~c improvements to maintain certain intersections at a Level of Service "D" or better. ~ B. The City has determined that certain street intersections, which were identified in the Transportation Master Plan and the Transportation Impact Fee Program as needing long-range improvements, must be improved. The needed improvements to maintain Level of Service "D" or better at the intersections increases with the increased traffic flow expected from new development. C. The Transportation Impact Fees imposed by this Resolution shall be used for the improvements to the intersections identified in the Transportation Impact Fee Program. D. It is reasonable to impose the Transportation Impact Fees on all types of new development. within the City because all new development adds additional vehicular trips that place an increased burden on the City's roadway capacity. E. There is a reasonable relationship between the amount of the Transportation Impact Fees established by this Resolution and the new development that is paying the Fee, because fhe Fee will be based on the amount of P.M. peak hour vehicle trips attributed to such development in relation to the total number of P.M. peak hour vehicle trips that the intersections are designed to handle at Level of Service °D" or better, and new development is required to fund only its share of the improvements. SECTION 2. The Transportation Impact Fees for new development shall be determined based on $1,560.00 per PM Peak Hour vehicle trip. The resulting, Transportation Impact Fees for different land uses are set forth in Exhibit "A" and are - hereby adopted. -2- SECTION 3. The City Council hereby finds that this Resolution is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15273(a)(1) of the California Administrative Code. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved, and adopted this ~th day of ~rct, 2006. ISI JOHN VVUO Mayor of the City of Arcadia ATTEST: ISl JAMES H. ~~RR01NS City Clerk APPROVED AS TO FORM: ~~~:~c,,.. P, ~-e.~~. Stephen P. Deitsch, City Attorney -3- ~' 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. 6510 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 7th day of March, 2006 and that said Resolurion was adopted by the following vote, to wit: AYES: Council Member Chandler, Kovacic, Marshall, S~gal and Wuo NOES: None ABSENT: None /S/ JAMES H. R~RR01~S City Clerk of the City of Arcadia 4 n TRIP RATES AND -MPACT FEE COSTS BY LAND USE TYPE NOTE: All fees are based on the unit cost of $1,560 per P.M. peak hour trip. For all land uses not listed above, the number of P.M. peak hour trips may be determined by the City using the Trip Generation Manual prepared by the Institute of Transportation Engineers, or equivalent, to determine the appropriate fee. ABBREVIATIONS: SF = Square Feet KSF = Thousand Square Feet DU = Dwelling Unit 'Rate reduced by 50% to reflect pass-by trips. "*Rate reduced by 30% to reflect pass-by trips. Exhibit A A ,MC~RPORATB9~,eon STAFF ~ REPORT Office of the City Clerk DATE: March 7, 2006 T0: Honorable Mayor and Members of the City Council FROM: Vida Tolman, Chief Deputy City Clerk/Records Manager SUBJECT: 2005-2006 ANNUAL WEED ABATEMENT PROGRAM AND PROTEST PUBLIC HEARING RECOMMENDATION: Approve 2005-2006 Weed Abatement Property List and direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties. On February 21, 2006, the City Council adopted Resolution No. 6511 declaring its intention to abate noxious weeds, rubbish and refuse from various private properties within the City. Resolution No. 6511 also set March 7, 2006 as the time and place to hear objections from the owners of such properties to the proposed removal of flammable and otherwise noxious material. As required by the Government Code, the Los Angeles County Agricultural Commissioner (County} has mailed the appropriate notice to all affected property owners. The attached list identifies the properties requiring weed abatement by street address, or the general location if a street number has not been assigned (see Appendix A). Representatives from the County and the Arcadia Fire Department will be present at tonight's public hearing in order to address any questions regarding this matter. RECOMMENDATION It is staff's recommendation that the City Council move to approve the 2005-2006 Weed Abatement Property List and direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties. Approved: ~~~ William Kelly, Ciry Manager Page 1 of 1 2005-2006 Declaration List 1725 S. Baldwin Ave. John M Laraway & Tsu-Ling 5383-030-016 Santa Anita Cyn Rd. Nevis Capital LLC 5765-002-012 Santa Anita Cyn Rd. Nevis Capital LLC 5765-002-013 Highland Vista Dr. Virginia Brown Trust 5765-011-011 Highland Oaks Dr. Helen Vida Trust 5765-030-010 Monterey Pines Dr. J Jaska & B Kilbourne 5771-032-002 Torrey Pines Dr. 5han Ting & Huei H 5771-032-007 Torrey Pines Dr. Zheng Bao H& Mel L 5771-032-008 Whispering Pines Dr. Charles Bluth Trust 5771-032-013 Whispering Pines Dr. Victor Wang 5771-032-015 Torrey Pines Dr. Nicholas Pokrajac 5771-033-015 Torrey Pines Dr. Nicholas Pokrajac 5771-033-016 Torrey Pines Dr. Nicholas Pokrajac 5771-033-017 Flower 5t. LACMTA 5773-005-900 Flower St. LACMTA 5773-005-901 Front St. LACMTA 5773-006-910 153 E 5anta Clara St. Josef & Inge Koeper 5773-007-009 Indiana St. LACMTA 5773-010-905 Indiana St. LACMTA 5773-010-906 Indiana St. LACMTA 5773-010-907 Indiana St. LACMTA 5773-011-922 Indiana St. LACMTA 5773-011-923 Indiana St. LACMTA 5773-011-924 Indiana St. LACMTA 5773-011-925 Indiana St. LACMTA 5773-011-926 3rd Ave. LACMTA 5773-015-937 3rd Ave. LACMTA 5773-015-938 3rd Ave. LACMTA 5773-015-939 3rd Ave. LACMTA 5773-015-940 3rd Ave. LACMTA 5773-015-941 3rd Ave. LACMTA 5773-015-942 3rd Ave. LACMTA 5773-015-943 3rd Ave. LACMTA 5773-015-944 3rd Ave. LACMTA 5773-015-945 3rd Ave. LACMTA 5773-015-946 3rd Ave. LACMTA 5773-015-947 3rd Ave. LACMTA 5773-015-948 3rd Ave. LACMTA 5113-015-949 3rd Ave. LACMTA 5773-015-950 3rd Ave. LACMTA 5773-015-951 Colorado Blvd. LACMTA 5775-022-900 APPENDIX A Page 1 2005-2006 Declaration List Colorado Blvd. LACMTA 5775-022-901 Santa Clara St. Ellsworth Dahlgren Co. Trust 5775-025-025 Foothill Fwy LACMTA 5775-026-902 Foothill Fwy LACMTA 5775-026-903 Foothill Fwy LACMTA 5775-026-904 Foothill Fwy LACMTA 5775-026-905 Cornell Rd. LACMTA 5775-026-906 1045 W. Huntington Dr. PBR Realty LLC 5777-036-002 31o S 1st Ave. Romolo De Paolis 5779-002-032 306 S 1stAve. Romolo De Paolis 5779-002-033 S 1st Ave. Romolo De Paolis 5779-002-034 68 Genoa St. Sung Sum Chan 5779-013-012 3 E Duarte Rd. Raymond & Helen Myers 5779-015-002 Duarte Rd. Mitzie Hartzler 5779-015-004 23 E Duarte Rd. Mitzie Hartzler 5779-015-005 25 E Duarte Rd. Mitzie Hartzler 5779-015-006 Duarte Rd. Mitzie Hartzler 5779-015-007 145 Alice St. Arcadia Presbyterian Church 5779-017-004 201 E. Duarte Rd. Meiloon Investment & Developmen t LLC 5779-018-040 LeRoy Ave. George Kolovos Trust 5784-020-014 Norman Ave. Louis E. Nassaney 5788-014-013 Live Oak Ave. Orient Retreat Inc. 5790-027-032 Clark St. Livingston Graham Inc. 8532-016-001 Clark St. Livingston Graham Inc. 8532-016-003 Clark St. Livingston Graham Inc. 8532-016-004 Clark St. Livingston Graham Inc. 8532-016-022 Goldring Rd. Samuel Kardashian 8532-018-005 Goldring Rd. Samuel Kardashian 8532-018-011 Goldring Rd. Wang Association 8532-018-021 APPENDIX A Page 2 ~ +°' `°`~ CDUNTY OF LOS ANGELES ~ ~ ~ ~ ~ ~ ~ ~ ~ Department of . ~ { Agricultural Commissioner/ , " ` ,~ '. GuroaM Weights and Measures Kurt E. Flo/en I2300 Lawer Azusa Road Robert C+. Atkins Agncultura! Commissioned qrcadra, Calijarn7a 91006-5872 Chief Deputy Director of Weights and Measures hap://acwm.cn.tu.cmus October 13, 2005 , The Honorable City Council `~ City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91007 ATTENTION: CITY CLERK Listed below are the proposed dates for the adoption of our annual Declaration List ~-"Resolution and"forthe Protest Hearing. The Adoption Hearing and mailingdateswill appear on the Declaration Cards mailed to the property owners. Resolution and Declaration List Delivery Date: January 17, 2006 Resolution Adoption Date: February 21, 2006 Protest Hearing Date: March 7, 2006 If you find these dates to be agreeable with your council and ca{endar, please sign and fax (626) 350-7077 a copy of the letter as a confirmation no later than November 16, 2005. The Declaration Cards will be printed on or before December 15 and your meeting dates cannot be changed after that date. Any consideration in placing our item early on your agenda would be appreciated. If you have any questions or need additional information, please contact me at (626) 575-5487. Very truly yours, _. _ _~ _ RAYMOND_B.:SMITH _ Bureau Chief Weed Hazard & Pest Management Bureau ~ ' CORINA MONSIVAIZ Staff Assistant II I Weed Hazard & Pest Management Bureau RS:CM:cm CONFC ITYRES2006form.frm ~ fi~~~ V Signed Confirmation ~o /u~1es ~ te Fax No: 6261350-7077 Please print current Mayor's name below: `jDj~-~( WUO Please print City Clerk's name below: SM ~a-~~~5 Protecting Consumers and the Environment Since 1881 To Enrich Lives Through Effective and Caring Servlce ABATEMENT ORDER MARCH 7, 2~06 FOLLOWII~tG TI~ PUBLIC HEARING HELD MARCH 7, 2006, IN TFiE MATTER OF RE50LUTION TO ABATE NOXIOUS WEEDS, RUBBISH, AND REFUSE, THE CITY COUNCIL OF THE CITY OF ARCADIA, BY MOTION ADOPTED AN ORDER DIRECTING THE AGRICUL'TUR AL COMMISSIONER/DIItECTOR OF WEIGHTS AND MEASURES TO ABATE THE NUISANCE BY HAVING THE WBEDS, RUBBISH, AND REFUSE REMOVED. ATTEST: CITY COUNCIL OF THE CTTY OF ARCADIA STATE OF CALIFORNIA ) ) ) SS ) COUNTY OF LOS ANGELES ) RAYMOND B. SMTfH, BUREAU CHIEF, AGRICULTURAL COMMISSIONER/WEIGHTS AND MEASURES, being first duly sworn says: That on or before the 6th day of February, 2006, as required by the Government Code of the State of Califomia, he notified by United States Mail the owners of each of the properties described in the attached list a notice or notices to destroy noxious or dangerous weeds, of which the annexed is a true copy, and setting the 7th day of Mazch, 2006, as the date upon which owners of said property could attend a meedng of the Council of the City of Arcadia, when their objections ~ SUBSCRIBED AND SWORN TO BEFORE ME This day of , 2006 ~y ~--~~ City Clerk 5 RESOLUTION NO. 6511 A RESOLUTION OF THE CITY COUNCIL OF THE ~ITY OF ARCADIA, CALIFORNIA, DECLARING THAT WEEDS, BRUSH, RUBBISH, REFUSE, AND DIRT UPON OR IN FRONT OF SPECIFIED PROPERTY IN THE CITY ARE A SEASONAL AND RECURRENT PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF AND TO SCHEDULE A WEED ABATEMENT PROTEST PUBLIC HEARING FOR MARCH 7, 2006 THE CITY COUNCIL OF TT~ CITY OF ARCADIA, DOES HEREBY, FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of Title 4, Division 3, Part 2, Chapter 13, Article 2, of the Califomia Govemment Code, Sections 39560 to. 39588, inclusive, and evidence received by it, the City Council of the City of Arcadia specifically finds: A. That the weeds growing upon the streets, sidewalks, or provide property are weeds which bear seeds of a wingy or downy nature or attain such large growth as to become, when dry, a fire menace to adjacent improved property, or which are otherwise noxious or dangerous. B. That the presence of dry grass, stubble, or other flammable materials are conditions which endanger the public safety by creating a fire hazazd. C. That by reason. of the foregoing facts, the weeds or dry grass, stubble, refuse or other flammable material growing or existing upon the private property 1 hereinafter described, and upon the streets and sidewalks in front of said property consritute a seasonal and recurrent public nuisance and should be abated as such. D. That the private property, together with the streets and sidewalks in front of the same herein referred to, is more particularly described as follows, to- wit: That certain property described in Appendix "A" attached hereto and by this reference. made a part hereof as though set forth in full herein. SECTION 2. Pursuant to the findings of fact by this Council heretofore made, the weeds or dry grass, stubble, refuse or other flammable material in and upon and in front of the real property hereinbefore described constitute and are hereby declared to be a seasonal and recurrent public nuisance which should be abated. 'The Agricultural Commissioner/Director of Weights and Measures, County of Los Angeles, is hereby designated the person to give notice to destroy said weeds or dry grass, siubble, refuse, or other flammable material and shall cause norices to be given to each property owner by United States Mail. SECTION 3. The Agricultural Commissioner is hereby authorized and directed to recover its costs of inspection of the properties hereinabove described in a mamier consistent with prior action of the Board adopting a fee schedule for such inspection The recovery of these costs is vital to the ongoing operation governing the ideritificarion and abatement of those properties that constitute a seasonal and recurrent public nuisance and endanger the public safety. 2 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted.this 2iat. day of February , 2006. l~i Jo~N ~uo Mayor of the City of Arcadia ATTEST: /S/ JANiES H. ~~RRO~~~ City Clerk APPROVED AS TO FORM: ~~.~.~, P. ~~e;~. City Attomey 3 STATE OF CALIFORI~TIA ) COUNTY OF LOS ANGELBS ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6511 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 2lst day of February, 2006 and that said Resolurion was adopted by the following vote, to wit: AYES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None /_ ~I~I~QAAF~ ~I: ~~-RR~~,NS City Clerk of the City of Arcadia 4 2005-2006 Declarat~on List APPENDIX A ~ ,~.~ ~~itT3' ~u~e!n~a9~ . ~ ~4t"'~'"~'~~~:ta~${s ~'~, ~~if,';. .S"~ree r re$SY . ~' k ;~a~u'i 'd ~ `~~~~i`t.a+5ka3'~P ~~~'~^.'3: ~ 1725 S. Baldwin John M Laraway & Tsu-Ling Santa Anita Cyn Rd. Nevis Capital Llc Santa Anita Cyn Rd. Nevis Capital Llc Highland Vista Dr. Virginia Brown Trust Highland Oaks Dr. Helen Vida Trust Monterey Pines Dr. J Jaska & B Kilbourne Torrey Pines Dr. Shan Ting & Huei H Torrey Pines Dr. Zheng Bao H& Mel L Whispering Pines Dr. Charles Bluth Trust Whispering Pines Dr. Victor Wang Torrey Pines Dr. Nicholas Pokrajac Torrey Pines Dr. Nicholas Pokrajac Torrey Pines Dr. Nicholas Pokrajac Flower St. LACMTA Flower St. LACMTA Front St. LACMTA 153 E Santa Clara St. Josef & Inge Koeper Indiana St. LACMTA Indiana St. LACMTA Indiana St. LACMTA Indiana St. LACMTA Indiana St. LACMTA Indiana St. LACMTA Indiana St. LACMTA Indiana St. LACMTA 3rd Ave. LACMTA 3rd Ave. LACMTA 3rd Ave. LACMTA 3rd Ave. LACMTA 3rd Ave. LACMTA 3rd Ave. LACMTA 3rd Ave. LACMTA 3rd Ave. LACMTA 3rd Ave. LACMTA 3rd Ave. LACMTA 3rd Ave. LACMTA 3rd Ave. LACMTA 3rd Ave. LACMTA 3rd Ave. LACMTA 3rd Ave. LACMTA Colorado Bivd. LACMTA Page 1 . 2005-2006 Declaratlon List APPENDIX A oorao v. Santa Clara St. Elsworth Dahlgren Trust Foothill Fwy LACMTA Foothill Fwy LACMTA Foothill Fwy LACMTA Foothill Fwy LACMTA Cornell Rd.- LACMTA 1045 W. Huntington Dr. PBR Realty LLC 310 S 1st Avenue Romolo De Paolis 306 S 1 st Avenue Romolo De Paolis S 1 st Avenue Romolo De Paolis 68 Genoa St. Sung Sum Chan 3 E Duarte Rd. Raymond & Helen Myers Duarte Rd. Mitzie Hartzler 23 E Duarte Rd. Mitzie Hartzler 25 E Duarte Rd. Mitzie Hartzler Duarte Rd. Mitzie Hartzler 145 Alice St. Arcadia Presbyterian Church 201 E. Duarte Rd. Meilon Investment & Development LLC LeRoy Avenue George Kolovos Trust Norman'Avenue Louis E. Nassaney Live Oaks Avenue Orient Retreat Inc. Clark St. Livingston Graham Inc. Clark St. Livingston Graham Inc. Clark St. Livingston Graham Inc. Clark St. Livingston Graham Inc. Goldring Rd. Samuel Kardashian Goldring Rd. Samuel Kardashian Goldring Rd. Wang Association Page 2 ~ - LOS ANGELES COUNTY DECLARATION LIST Page 1 ~ CITY OF ARCADIA January 17, 2006 . IN SEQ BY WEED-KEY, THEN PARCEL UNIMPROVED ZONE CITY STREET ADDRESS PARCEL NO. . KEY CODE - 06 035 1725 S BALDWIN AVE 5383 030 016 5 7 06 035 Santa Anita Canyon Rd 5765 002 012 6 7 06 035 Santa Anita Canyon Rd 5765 002 013 5 7 06 035 Highland Vista Dr 5765 O11 O11 8 7 06 035 Highland Oak Dr 5765 030 O10 9 7 06 035 Monterey Pines Dr 5771 032 002 7 7 06 035 Torrey Pines Dr 5771 032 007 2 7 06 035 Torrey Pines Dr 5771 032 008 1 7 06 035 Whispering Pines Dr 5771 032 013 4 7 06 035 Whispering Pines Dr 5771 032 O15 2 7 06 035 Torrey Pinea Dr 5771 033 O15 0 7 06 035 , Torrey Pines Dr 5771 033 016 9 7 06 035 Torrey Pines Dr 5771 033 017 8 7 06 035 Flower St 5773 005 900 4 7 ~ 06 035 Flower St 5773 005 901 3 7 06 035 Front St 5773 006 910 0 7 06 035 153 E SANTA CLARA 5773 007 009 0 7 06 035 Indiana St , 5773 O10 905 9 7 ~ 06 035 Indiana St 5773 O10 906 8 '7 • 06 035 Indiana St 5773 O10 907 7 7 06 035 Indiana St 5773 O11 922 6 7 06 035 Indiana St 5773 O11 923 5 7 ~ 06 035 Indiana St 5773 O11 924 4 7 06 035 Indiana St ~ 5773 O11 925 3 7 06 035 Indiana St 5773 O11 926 2 7 06 035 3ed AVe 5773 O15 937 0 7 06 035 3rtl Ave 5773 O15 938 9 7 06 035 3`a Ave 5773 O15 939 8 7 06 035 3`a Ave 5773 O15 940 5 7 06 035 3" Ave 5773 O15 941 4 7 06 035 3`a Ave 5773 O15 942 3 7 06 035 3rd Ave 5773 O15 943 2 7 06 035 3rd Ave 5773 O15 944 1 7 06 035 3rtl Ave 5773 O15 945 0 7 06 035 3`a Ave 5773 O15 946 9 7 06 035 3`° Ave 5773 O15 947 8 7 06 035 3`a Ave 5773 O15 948 7 7 06 035 3`a Ave 5773 O15 949 6 7 06 035 3`° Ave 5773 O15 950 2 7 06 035 3r° Ave 5773 O15 951 1 7 06 035 Colorado Blvd 5775 022 900 7 7 06 035 Colorado Blvd 5775 022 901 6 7 • 06 035 Santa Clara Street 5775 025 025 0 7 06 035 Foothill Fwy 5775 026 902 6 7 LOS ANGELES COUNTY DECLARATION LIST Page 2 CITY OF ARCADIA January 17, 2006 • • IN SEQ BY WEED-KEY, THEN PARCEL UNIMPROVED CITY ZONE STREET ADDRESS PARCEL N0. KEY CODE 06 035 Foothill Fwy 5775 026 903 5 7 06 035 Foothill Fwy 5775 026 904 4 7 06 035 Foothill Fwy 5775 026 905 3 7 06 035 Cornell Rd 5775 026 906 2 7 06 035 1045 W HUNTINGTON DR 5777 036 002 2 7 06 035 310 5 15T AVE 5779 002 032 6 7 06 035 306 S 1ST AVE 5779 002 033 5 7 06 035 South la` Ave 5779 002 034 4 7 06 035 68 GENOA ST 5779 013 012 7 7 06 035 3 E DUARTE RD 5779 O15 002 4 7 06 035 Duarte Rd 5779 O15 004 2 7 06 035 23 E DUARTE RD 5779 O15 005 1 7 06 035 25 E DUARTE RD 5779 O15 006 0 7 06 035 Duarte Rd 5779 O15 007 9 7 06 035 145 ALICE ST 5779 017 004 8 7 06 035 201 E DUARTE RD 5779 018 040 2 7 06 035 Leroy Ave 5784 020 014 3 7 06 035 Norman Ave 5788 014 013 3 7 06 035 Live Oake Ave 5790 027 032 8 7 06 035 Clark St 8532 016 001 5 7 06 035 Clark St 8532 016 003 3 7 06 035 Clark St 8532 016 004 2 7 06 035 Clark St 8532 016 022 0 7 06 035 Goldring Rd 8532 018 005 7 7 06 035 Goldring Rd 8532 018 O11 9 7 06 035 Goldring Rd 8532 018 021 7 7 WEED KEY 7 TOTAL VACANT/IMPROVED O1 WEED KEY 7 TOTAL UNIMPROVED RECORDS 69 WEED KEY 7 TOTAL RECORDS 70 ~• '.GP„_ _'...~' .,O , U~ ~,6~";.'tt~~ . . , ~~~alty ot~~ . °° s`' STAFF REPORT Development Services Department March 7, 2006 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Director q~ By: Corkran W. Nicholson, Acting Community Development AdministratorC'"~ L Prepared By: Andrew A. Gonzales, Assistant Planner SUBJECT: Consideration of Final Map No. 62920 for a 5-unit residential condominium subdivision at 941 W. Duarte Road. SUMMARY Tentative maps and final maps are required for all subdivisions that result in five or more parcels or condominiums. The City Council shall approve a final map if it conforms to all the requirements of the subdivision regulations of the Municipal Code and the State Subdivision Map Act. It is recommended that the City Council approve Final Map No. 62920 for a 5-unit residential condominium subdivision at 941 W. Duarte Road. DISCUSSION Final Map No. 62920 has been reviewed by the Los Angeles County Department of Public Works and the appropriate City Departments. Said map has been found to be in substantial compliance with the tentative map, as approved by the Planning Commission on June 14, 2005, and is in compliance with the subdivision regulations of the Municipal Code and the State Subdivision Map Act. RECOMMENDATION The Development Services Department recommends approval of Final Map No. 62920. Attachments: 1. Land use map 2. Letter of compliance from Los Angeles County 3. Final Map No. 62920 Approved: `"~t ~1 William R. Kelly, City Manager f00 /~ N +oo 100 Faet Su6jecQ ~ 941 W Duarte Rd ~ Arcadia R-~ Zone ~i.. ~„~ ~ + ~ _ 941 W Duarfe Road Development Services Deparfinent A An A T M 62920 Engineering Division ~ o Preparedby: R.S.Ganzalez, June, 2005 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS "To Enrich Lives Through EIlective and Caring Service° DONALD L. WOLFE, Direclor January 31, 2006 900 50[1TH FREMONT A VENUE ~ ALHAMBRA.CALIFORNIA 91803-UJI - Telcphone:(626)458-5100 www.ladpW.org pDDRGSS ALL CORRESPONDENCETtr P.O. 80X 1460 ALHAMBRA, CALIFORNIA 91802-1<60 IN REPLV PLEASE REFERTOFILE'. LD-Z Mr. Phillip Wray City Engineer City of Arcadia P.O. Box 60021 Arcadia, CA 91006-6021 Dear Mr. Wray: TRACT NO. 062920 The enclosed subject final map has been reviewed by Public Works for mathematical accuracy, survey analysis, title information, and for compliance with the Subdivision Map Act. It is ready for your examination and certification as to compliance with the conditional approval and applicable City Ordinances. The City Council or Advisory Agency should make the findings required by the State Environmental Quality Act and the Subdivision Map Act. After your approval and the approval of the City Council or Advisory Agency, the final map should be returned to Land Development Division, Subdivision Mapping Section, for filing with the Registrar-Recorder/County Clerk's Office. if you have any questions, please contact Ms. Anait Pogosyan of our Subdivision Mapping Section at (626) 458-4915. Very truly yours, DONALD L. WOLFE Director of Public Works ~~~N~ ~~~ ROSSANA D'ANTONIO Assistant Division Engineer Land Development Division AP:ca PiLPDPUBISUB~ NSNtiMAPPINGIFORMS\TRACT Enc. 1 LOT 21,3D6 S.F. TRACT NO. 062920 IN THE CITY OF ARCADIA COUNTY OF LOS ANG"cLES, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF LOT 136 OF TRACT N0. 2731, AS PER MAP RECORDED IN BOOK 33. PAGE~29 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ~ ~ FOR CONDOMINIUM PURPOSES OWNER'S STATEMENT: ~ SURVEYOR'S STATEMENT SHEET 1 OF 2 SNEETS iM5 MAV WAS GFEVAREO BY ME OR UN~ER MY OIRELTW LNO IS BASED IIPIXI A REID WE NEP~Y STAIE IN~T ME ME TIE OMNERS Of OP MF WlERESiED IN SUp~E1' W C011fpMANLE MiN 111E FEWIIEYfNTS Oi TIE SUBDINLp1 YAP ACT ANO MC LNI05INCWOED MTYN ME.91BdM51011 SH~MN d11W5 MAP WT11N LOLK ORqNANCE ~T TIE PfWEST Cf 15DIG 15~0 QIEN /Jlp YU NWA CNEN. 1PUS1EE5 ME dSTNCT~£ BOROEH LINES ~x0 NE COHYM TO ME PREPARATON ' Of GIEN fAYILY PFVOL~BIE 1RUSi: HEIEN I- LUNC WCN, 1RIISTEf Of NEIEN I- AND Fll1NG Of SAID MAG AND WBDMSIW. LUNG CHEN RE`ACABIE LINNG 1PUST; S~N~T i- TZU CHEN. 1NIISIEE Ci 56MOr I- TN CHEN REVOLABIE 1PUST; iONT YEN HIING CHEN. 1HUSlEE OF iONY 1EN HUNG 15ENG 15A0 U1EN ANO Hl HIVA CNEN, 1HIISiEES Of LHEN F~YILY AEWCNBLE LiNNC 1PUST; 51EVEN YEN W GIEN, TRUSIEE OI SlE`hN YEN YU CHEN OAlEO OCTOBEN 15. 200t: HEIEN I- WNG WEN, FEWCABIE 1RUST REWU9lE LiNNG 1PlI5T ON fEBFUAM. ]00.5. I NEREBY Si~IE IXAT T115 IIN~L NI.P , 1FUSIEE Of XEIfN I- LUNG Q1EN PEWC.1BlE UNNG iRUSf, O~lCO SUBST~NT/iLLY WNFOPMS i0 TIE CONqi1011/yLY APPRO~ED IENTATK YM; Ml.i ME fEHRUMY ), '1W1: SANPY I- TN dEN. 1RUSTEE Or W1~Y I- RU YONU4EN15 p( 1HE CN~R~LRp .WO LOC~TONS SHOM1 HFREON ME M R~CE: 1HAT GIEN REVOCABIE 1RUST. DAiE~ iEBR11ARY Z 200C TpIY lEN HUNC SAID MONUNENiS IJtE SUiTICIENT TO EN~9LE iXE SURYEY TU BE PETPALEO. d1EN, 1R1I51EE Of TONT KN HUNG CMEN REVDCA9lE LINNG 1RUST, DI.iE~ fEBRUARY >, t004, SIEYEN YFN lL d1EN. 1PUSiEE OF SiEKN N YEN YU CHp NEWLABLF l1NNG 1RUST. OAIED iFBRUARY ], 200~. (OMNEM) I1~p[p 1 TIELMELL LS 699Y y - EI(VIFEY 9/JO/Ol "'~~~ t v r ao TSENG TSAO CHfN W~CRE~- . GTY ENGWEER'S CERTIFICATE: '" 1 N i- N N r i- ~ ~- STAIE Cf GUipiNl~ ) COUMY Of LOS .wGElES ) 55 pN BEfOPE ME, A NOTART PUBLIC W ANO fOR SND STAIE, PERSONALLY APPEARED TSENG i5A0 LNEN, N NWA WEN. XF1EN I-LUNG dpl. SANDY I-TN CHEN, TIXIT 1EN NIING dEN. MID 51E~EN YEN 1L dEN PER5014LLLY KNOMN ttl ME IXI PFOYFD i0 ME ON iNE 8~95 Of A SATFACTqtY ENDEHI£ TO BC THE VERSON(5J NH~SE NAYE(5) IS/ME SUBSCRIBm TO TIE MiHIN INSIPIIYENT ~NO ACKNOM£DGEO TO NE TIAT HE/SHE/T1EY E%ECIITE~ THE SAME IN HISMER/TIEIR AUIHOR12E0 CAP1tli9(IES) RID TUi 9Y NISMER/iHEIR 4GN~NRE(5) ON iHE WSIRIIMpli. TIE PERSON(5), pt 1HE ENTIY IIPON BCH4S Of MlYp1 1NE PERSON(5) ~C1ED.~EIIEWIED TIE WSIffUYENi. NOTARY %10LIC NAYE %tW1ED MT Ld1415510p N0. MY LqIMI5510N EMPI2ES MY PPoNCIPA. PLACE 01 BUSINE55 IS IN LOS ANCElES CWN1Y LOS ~114F1F5 NATRlK 9ANK, BENEGILI/JIY UNOER A OECD Uf 11VU5T RECOR~ED NDVEYBEP 21. 3002 AS INSIPUMEIIT N0. 0 2-3 818 015 Of OiTICIAL RECOR~S . STA1E Di' C~LIGORNIA ) CWNtt Oi L~5 N1GElE5 ) 55 H/u~E nn[ ON B60RE ME. A NOiMT POBLIC IN AND GOP SAID STAiE, PERSONALLT APPEARED _ _ PEFSON/iLLT NNOMN i0 YE pt PROVE~ 10 ME IXJ 1NE BA515 Oi ~ SAt15fALTORY EVOENLE TO BE TNE PEPSON(S) NHOY NMIE(5) IS/APE AIBSLRIBED ttl i11E WMIN WS1PUl@!i NID ~ptNONtIDCEO TO NE MAT XE/91E/IIIEY E%EQIlEO 1NE SNIE N MISM~/TMEW AUIHdIRED LMApMIES) ~ND 1MAT BT NISMEF/1H~R SIGNANRE(5) ON 1HE IN5IHUMENT, TNE PERSON(51 OR 1HE ENiIIV UPoN BEHAL! Of NHIGi 1HE PERSON(5) ACiEO, E%EQ11E~ iHE INSIRUYENi. uo*u+r vueuc NAME PFINIED MY COMMIS40N N0. MY CWNISAON E~IRES MY PWNCIP~L PUCE Of BU4NE55 IS IN LOS •NCElES LDIINtt CONDOMINIUM NOTE *ws wadHSror+~rs ~nvxrnm ~s ~ caoouiww vno.cc~ ~ox s unirs. NHENEBY T1E ONNERS 0~ ME UM15 OG ~IR SPI~CE MLL HqD ~N UNDIYIDED INTERfST IN TIE LWMb! AREeS MHICH Mq IN NRN. VPONDE TXE NECESSMT ACCE55 NID UTlltt EASE4EN15 fOF iHE UNI15. SIGNATURE OMISSION NOTES: TIf fq10WNG Afi1ANFE5 HAYE 9EEN pAIT1FD IINOEF T1E VRON9p15 Of ACTW 66{b (0)3/.(I-NII) OG iNE SUBDINLW ~CT, 15 iHEIR INlERESi IS SULX TIAT.IT CANNOT MPEN INTO A fEE, llilE ANO SND 9blANRE IS NOT ~ouxm er n~c ~au ~cr. TIE 44N~NHES Of B~NN OF /J1EfiCA N.A, AS SVCUSSIXt IN INIEREST TO LOS ANGElES 1RUST k S~NNG$ BNlN, A LIXRIXIATM. EASEMENT HOLDER f01t NBIJC U-lJTES PURPOSES BY OEED RECqtDEO dl SEPIEMBER 11. 10R0. IN BOON 1~12. PAGE 320. Of OEEDS. NECqtDS OG LOS ANCElES Cq1Ntt. lNC SIENAIUNE Of SqfIXEPN L.V1i9NNIA Ep59N COMPNIT. ~ CORVptAMW, E/gl1ElIT NOLpEN fdt Pd£ LY~ PUPPOSES BY OEFD RECOf10ED ON Y~Y 2J. Ip53. IH BOdc J9006. V~GE JIO. Of OfilLl~l MECOROS, NELW~S Of LOS IJ141E5 CWNTY. . I HEPEBY LERIIfY TUi I XME p(NIINEO T15 NM; MAT IT CDN~qtYS SUBSTANII~LLV TO TIE IENTAII~E MI.P AND ALL APPROYEO ALIEHATONS TVEREO~: TH~T ALL PRONSIq15 Of SUBDINSION OROINANCES Of 1HE Citt pI MCAqA /~PPl1LABlE Ai TIE iIME OP MVROVAL Ci 1HE iENTAIIK MAP HhYE BEEN LONGIIFD W1H AND IN~T I NI S.~llSflm MAT TIIS YM IS TEOINICALLY LORRECT'MTI XESPECT TD Cltt RECORDS. D~f~ ~RHI~Gi.Rfi'- L.S ]J05 E%NRES: 4/31/2W) CITY TREASURER'~S. CERTIFICAT ~ MEREBY CERIIIT iHAi ALL SPEGAL ASSESSMENTS l£NED IINDER ME NMSdCIICN 0~ lHE CItY Ci ARLAq~ LO MHIGI ME UNp INCWpED IN ME MIHW AIBOINS~ON pt A11Y P~PT TIEREOf IS SUBJECT, IJlD MHldl YAY BE PA10 M NLL HA4E BEEN PAID IN ML EFT~ p RER - CA A °LANNING COMMISSION CERTIFICATE: TIIS IS TO CEFTfY MAT ME IENTAiIVE M~P CF TR~Ci NO. 060G]~ WAS APGROYEO AT A MEETNG HELD ON 1HE 14T1 OAY Of ANE Y005. I HENEBY CERTGY TUi 1HI5 YAV AIBSTINiIALLY CWillES W1N 1HE PRENWAY AGPROYED IENTAiIYE Y/J. 6F~- YCR T Of ANNING ON - C11Y Of AFLMI~ FINANCE DIRECTOR'S CERTIFICATE: I XQtEBY CEFIIfT M~T WE FEE NFOUIIiED BT SECTON 4fl6A Of ME YUNIGP'L CODE HAS BEEN PAID TO 1HE pTY Of MGDIA. OAIE FlNMICC DiRECTIXi - Cltt Of G I~ CITY CLERK'S CERTIFICATF: i MEPEHY CERIIIY M~T TIC tltt COlIN0. ~ 1NE qtt OI MGOI~ BY MOlION PASSED ON MFHO~ED THE ATiI.p1E0 M~G. ET~ Cltt CL NK - tliT Of ML.~dA BA515 OF BEARINGS: ~ iNF BEMING SXOVM HEREON AFE B~U M THE BE~FING NE6'10'~YE Of TIF (ENiERLINE Of ARCAqA AOIIIUE. /S 5110NN ON 1R. ND. 539]~, Y.B. 13BI-41-13. ,~. .~ SCALE: 1"= 30' . SHEET 2 OF 2 SHEETS TRACT NO. 062920 W THE CITY OF ARCADIA COUNTY OF LOS ANGELES, STATE OF CALIFORNIA QA {' W,[( pllBllC UNtt EAffYENi M 9NlN Gf Il1ElACI., x.n.,wcassmwixrtncnmtasuunesmusr• FOR CONDOMINIUM PURPOSES SANN6 BAHN PIX ~RU ~@'V~E~ IN BLIY( ]]13, PAGE 339 Cf OFmS ~ 1' MOE W91C URRY EAff4fNi Oi SWIHFAN ClLiptNIA Epmll CpWAHY PER OEfD qEWF~FD iN BOtl( 39~. PAR ]I9 (i UR~S. m~wswwim a w'ss~y ea imr~-a @~~aw~TM~~n ARCADIA AVENUE ---o~_ ~_ _ ~~ _ __- ` .` •a im-n-a. _ ~_ - -~ uen~on_~_ _ ~ _ ~- ~-~- R \ ^ I xB5YV15 [ Itf!/.Ol'_ _ _ ~ R _ --1~ ~ I \ ~ b Li ____~ ~1 ~ ~ I ~ ~ I nl i Nor n PaRr oF ~m„"1z'" ~~ n mt ~ n u-a m~a ~ I ~ ~ THIS SUB~IVISION "'~~~~^"~TM, ~ ~ ~ _ a- , ~ i n~a.imia.mxo- mrv st.ucwrs~wrons i 1 '~ ' I nn. iu. ata mu ~ n w ns. ua un I I I I _ nxemvleraelirzxn iaeooY ' . ~ ~ iu.swnueim-n-n - / _ - _ _'_'_ ~s~e______~-____ Ip I 5'b'IOYI'V - ~T001' ~ ~ nss ast -~F~ _ _ I °mo.at __ ~j i ea9~ ~ ~ ~ siYV ~ ~I I~ ~ i.i ~ . wew I I ` ~ ~ w ~ ~ ~ ~ I ~ I ~ ~ I ~^ ~~ 1 W ~ I ~8 > I ~ ~ „ ' „ ~~ II I Q I ~ ~ ~' ~ ~ I F- i i i f I itws so. R. I ~ w i i i ~ ~ 3 1 I nvu[ar~mia/ I ~ ~ & ~ ~ I n x¢ nN. r~ ux~. I ~ ~ x Z el misnwl.~a,q ~ ~R~u[clnMtvw~. I RvYEwWtM '•1° W 1 LO A~LI. ' Z Y6 11~ E~-M FS~M AL I 14 IIP 3)A. LL0. RR ~ ~ w ~ ~ ~ om. (rr.y7 uao n~ u[ ~/o~ra n~vumi ra vn min K I J I qlO15WA1~L10.16 ~ I ~'^' Q ~ ~ ~~ m~ rt~i vo win n ~/ I ~ C~ I ~ Is -a ~i ~~ Z i o m~. ,~ r a IIy ~q~i R ~~ ~~~i N ry R s~ ao ~i TMS SUBDV IS~N ~i ~ > I ~ i,~ Q° i N^ v' ~i ~ r o r i am i ~> in f11 '~ I Q~ I~ nY~M~t)%1~6 FIl-n. a~ 1~ I~ w ~~ i F-~n ~i o mKn~~. a~ iA i'~ i o- i I z I i z~ ~i ~" r~n i ~ ~ i i ~ o= i ~ N a z F- I ~ I ~ I $I ~ ~ ~ ~ ~ ~I Q ~ 1 ~ ~ I l ~ ~ F 1 I I ~ ~ ~I ~ 1 ~ ~ ~ I I I I I ~ ~ ~ ~ I I ~ K ~ I ~ ~ i I I I II ~~ ~s ~ ~ I ~ ~ ~ A I b b ~ ~ n w ea i~m i I ~rten en I W ur ~~[fMF 1 rn Illv. ml ~ l~ ~ IDSY'I!t 2II '~~R MO ~O. I -~ ~ 1 I ~c-¢~iis d 1 ~I~lt ~ X' ~~ III Is~Y I sNti~ev-' Ir ---~- ns2~+" `X I I~neY ~z. I l_ aII__: If--- R~ I .\ ~ h= __~_ ~ ~i1 $~Y4 11 w~.l 1EM T~ ~~N W60 -~ swA LLl txv~tit-,L 1 S w' `~~~ ~ mn»_ ~ 1 I~ I A _ ~a x0. 5%)5. ~IB ' I I ! - ~ IhF11-12 I ~~Syy910w~ A I ltl~ ' ~ 1)]00~' 1~:n ~ , _ ~ sw'ri~er - 1§ - i "~ ~ DUARTE ROAD ~~wswwnxixxav~n. • •a im-n-~z IIN~C~TES TIE BpJNDARY Of iHf IAND BEING WB~INpE0~9Y TIIS 4M. / \ / STAFF REPORT Office of the City Manager DATE: March 7, 2006 TO: Mayor and City Council FROM: William R. Kelly, City Manager ~ By: Linda Garcia~mmunications, Marketing and Special Projects Manager SUBJECT: RENEWAL OF GENERAL SERVICES AGREEMENT WITH THE COUNTY OF LOS ANGELES Recommendation: Approve SUMMARY The General Services Agreement between the City of Arcadia and the County of Los Angeles will expire on June 30, 2006. To ensure continuation of this "umbrella" Agreement, and to retain the ability to add or augment services in the future, we need to execute a new Agreement with the County before June 30. The County has requested that our signed copies of the Agreement be returned to them by March 15 in order to allow sufficient time for the Board of Supervisors to process the document on their end. Staff recommends that the City Council authorize the Mayor to execute the referenced General Services Agreement on behalf of the City of Arcadia. DISCUSSION The General Services Agreement ("GSA") between the City of Arcadia and the County of Los Angeles will expire on June 30, 2006. The GSA is a formal Agreement between these two entities covering all general services that could be provided by the County at the request of the City. Arcadia has had this type of an Agreement with the County since 1976, renewing it every five years. The GSA is general in nature and provides authority for the County to provide services requested by the City. Having it in place allows the City to request services from the County without having to prepare individual contracts for approval by both the City Council and the Board of Supervisors. For the most part, the GSA covers miscellaneous services such as direct assessment collection, street maintenance, traffic signal maintenance, forestry service, prosecution of City Ordinances, building and safety services, coyote control, etc. These services would be requested on an as needed basis, which would most likely be if/when a sudden need or emergency arises. The GSA does not cover police or fire services or pubiic health code enforcement. Mayor and City Council - County GSA March 7, 2006 Page 2 Execution of the General Services Agreement does not bind the City to utilize any of the available County services, nor does it require a City expenditure unti~ such time as County services are requested by the City. The Agreement is simply a means to facilitate the use of County services should we choose to do so. There are no significant changes between the proposed Agreement and the existing Agreement. If approved, the new Agreement will expire on June 30, 2011. FISCAL IMPACT None. RECOMMENDATION Staff recommends that the City Council authorize the Mayor to execute the referenced General Services Agreement between the City of Arcadia and the County of Los Angeles. ~ A \ / STAFF REPORT Development Services Department DATE: March 7, 2006 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Director Philip A. Wray, City Engineer ~~~ Prepared By.• Tim Kelleher, Sehior Engineering Assistant ~ SUBJECT: RESOLUTION NO. 6512 DEDICATING CERTAIN PROPERTY ON SHARON ROAD FOR STREET PURPOSES (A PORTION OF LOT 9 OF TRACT 47234) RECOMMENDATION: ADOPT SUMMARY In 1989 the City accepted Lot 9 of Tract No. 47234 in "Fee Simple". Lot 9 is a one-foot by 478-foot strip of land on the south side of Sharon Road. As a condition of approval of Tract Map No. 47234, the developer was required to transfer Lot 9 to the City. The purpose of Lot 9 is to deny access to Sharon Road for the properties on Lemon Avenue and Baldwin Avenue. Access would be denied until properties are subdivided and public improvements are completed in accordance with City standards. Recently, the property owner of a new single family dwelling at 1725 South Baldwin Avenue has requested access to Sharon Road. The property owner has agreed to do certain public improvements on Sharon Road. Staff is recommending that the City Council adopt Resolution 6512 dedicating the portion of Lot 9, Tract 47234, along the north side of 1725 South Baldwin Avenue for street purposes. BACKGROUND Tract No. 47234 was an 8-lot subdivision plus a one-foot trust lot, which included Sharon Road improvements. The tract was approved on April 4, 1989 by the City Councit. The Planning Commission originally denied the project mainly because it proposed a cul-de-sac with houses fronting on only one side. Staff Report Resolution No, 6512 March 7, 2006 Page 2 Eventually the City Council overturned the Commission's decision citing the constraints of the property's narrow width. The Council approved the development with certain conditions. One condition was that the developer transfer a one-foot wide strip of land along the entire south side of Sharon Road to the City in Fee Simple. The transfer of the strip (Lot 9) in Fee Simple conveyed to the City all the rights normally associated with land ownership. In effect, it denied access to Sharon Road from the properties extending from Lemon Avenue to Sharon Road as well as 1725 South Baldwin Avenue. The nature of Lot 9 was to guarantee that future subdividers on Lemon Avenue and Baldwin Avenue would comply with the City's conditions of approval to make full public improvements to the Sharon Road cul-de-sac beiween Lot 8 of Tract No. 47234 and Baldwin Avenue. A report to the Planning Commission has identified at least four (4) properties that potentially could subdivide and benefit from access to Sharon Road. It was both the Planning Commission and City Council's desire that these properties would eventually take advantage of Sharon Road. Eventuafly Sharon Road was built as a one-sided cul-de-sac with the homes built on the north side. On the south side the developer built a 6-foot sidewalk, street trees and a 6- foot high block wall. DISCUSSION Currently, 1725 South Baldwin Avenue is a vacant lot. The property owners have recently received a fentative approval to build a 7,000 square foot house. The property owners are requesting ingress/egress from Sharon Road. For 1725 South Baldwin Avenue to have access to Sharon Road requires the City to dedicate for "street purposes" that portion of Lot 9 of Tract No. 47234 adjacent to the north side of 1725 South Baldwin Avenue. The dedication for road purposes will give that property access to Sharon Road. In exchange, the subdivider has agreed to make public improvements and certain dedications making the street standard. FISCAL IMPACT . There will be no fiscal impact incurred by the City. The property owner has agreed to reimburse the City for administrative costs to process this dedication. ; Staff Report ' "' Resolution No. 6512 March 7, 2006 Page 3 RECOMMENDATIONS That the City Council Adopt Resolution No. 6512 dedicating a portion of Lot 9 of Tract 47234 for street purposes, allowing access to Sharon Road to 1725 South Baldwin Avenue. APPROVED: =-=-=_-~ William R. Kelly, City Manager Enclosures: Map Resolution No. 6512 DP:PW:TK:pa D..;....,.-..... AA.... ~ 1725 S. BALDWIN AVENUE _J ~ ~Tract No. 47234 Approved April 4, 1989 ~---J RESOLUTION NO. 6512 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DEDICATING CERTAIN PROPERTY ON SHARON ROAD FOR STREET PURPOSES (A PORTION OF LOT 9 OF TRACT MAP 47234) WHEREAS, Lot 9 of Tract Map No. 47234 was conveyed in fee to the City of Arcadia, at the time Tract Map No. 47234 was recorded, for the purpose of preventing access from property adjacent to said Lot 9 onto Sharon Road until such time as the proper right-of-way improvements on Sharon Road are made; and WHEREAS, a single family dwelling at 1725 South Baldwin Avenue has been approved and the property owner of 1725 South Baldwin Avenue has agreed to make improvements to the right-of-way adjacent to Lot 1 of Parcel Map No. 26548 in order to allow access trom said 1725 South Baldwin Avenue onto Sharon Road. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AND DETERMINE AS FOLLOWS: Section 1. That certain property located in the City of Arcadia, County of Los Angeles, State of California, which constitutes a portion of Lot 9 of Tract Map No. 47234 and is described on attached Exhibit "A", is hereby dedicated for public street purposes. Section 2. The City Cierk shall certify to the adoption of this Resolution. Passed, approved, and adopted this ~th day of Mar~h 2006. ATTEST: ISI JAMES H. ~ARRO~,'~~ City Clerk APPROVED AS TO FORM: ~~~ ~ "\~~ v "°'"'~~ Stephen P. Deitsch, City Attorney 1S/ JOHN ~IIUO Mayor of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGBLES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6512 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 7th day of March, 2006 and that said Resolurion was adopted by the following vote, to wit: AYES: Council Member Chandler, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None /S/ JA ES Ha ~L~RR~~~S City Clerk of the City of Arcadia 2 h. EXHIBIT "A" THE EASTERLY 222.00 FEET OF LOT 9 OF TRACT N0. 47234, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 1177 PAGES 54 AND 55, OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ~~Q ~p,ND S(/~,G 4,~ ALFRED 1. F/- V THELWELL p ~ * EXP. 9-30•07 * . . J`J, N0.6999 ~~~ ~~ ~F CA~~F~~ / ' J J~~~~ , ~ ~ rn z 0 ~ rn D 0 m rn m D Z ~ Z ~ /'~ ~r .~ ~ ~ i ~~ \ i ~ I ~ ~ i~ Z~ D ~ ~ ~ ` \ D z -~-I p O n z Z O ~ c~.~ O, ~. N ~nU' N CT ~o. ~~ fr1 ~ N N - ir mo ` ! ~ f ~ ~ ~ ~ ~• ~a cn . ~ N N a 0 0 ~ W °Z N N A p mD m o? 1 ~ ZD O pr A z r•~ D _1 Nmz o -i~0 Z Zm0 ~ o ~ ~~ v r ~ma0 ~Z ~ W ~ W u i N • oo~m NDD ~ ~ ~ ~ . . ~ * ~~c.~. ~ ~~ ~ ~Q~ O O ° ml~ ~ 9 . ,°o p ~ S~`n Q ,~ ; ° ~ ~~ ( ~,;~ o W ~. l ~ a, ~ O ~ I m i om -+ ~ ~ '~ N N ~ qr o ~ N N ' N ~ O o, ~ 1 ~ ~ ~ N ` C 1 f f ~ ~ 1 1 z o D Z I , r O ~ 1 D --~ l ~~ ~ ~ I ~ ~ ~ 29 ~ ~ N rn 7~ Z ~ c~, I ~ ~ ~ O ~ z ~ ~ ' o D n ~ ~` 1 ~ ~ I 1 ~ ~ 1 ~ t0 I 10 I N I ~ 1 J N ~ 3 ~ ` O_ 1 29~ N~ 1~ o ~ ~ ~ \ ` } ~~ O ~ ~ J ~ cn ~ ~ cn ~ --.~ N09'2$ 25_. i ~ 165.00' l -P \ I ~~~ N ~ p N_ ti ~ ~~l / ~ N ~' ~ ~ D _~~-^ m CN _--- - ~A ENUE o ' g p,LDwtN fTl _ ~ ~ z >.~