HomeMy WebLinkAboutNovember 21, 2006NOTICE OF SPECIAL MEETING
Office of the
City Council
Roger Chandler
Mayor
Mickey Segal
Mayor Pro tempore
Peter M. Amundson
Council Member
Robert C. Harbicht
Council Member
John Wuo
Council Member
As authorized by Arcadia City Charter Section 408 and California
Government Code Section 54956, a Special Meeting of the Arcadia City
Council is hereby called to be held at the City of Arcadia Council Chambers
Conference Room, 240 W. Huntington Drive, Arcadia, California at 5:00 p.m.
on November 21, 2006.
At this Special Meeting, the following matters will be discussed,
considered and acted upon:
CLOSED SESSION
a. Pursuant to Government Code Section 54956.9(c) to confer
with legal counsel regarding potential litigation— one (1) case.
b. Conference with Real Property Negotiators pursuant to
Government Code Section 54956.8:
Property Description: Southerly parking area of Santa
Anita Race Track Property.
Negotiating Parties: Cam: City Manager, Assistant City
Manager /Development Services
Director and City Attorney.
Property Owner Caruso Affiliated,
Caruso Property Management
Company, Magna Entertainment
Corporation, the Santa Anita
Companies and the Los Angeles
Turf Club.
Under Negotiation: Price and terms of payment.
240 West Huntington Drive
Post Office Box 60021
Arcadia, CA 91066 -6021
(626) 574-5403
(626) 446 -5729 Fax
Prior to going into closed session there will be time reserved for those
in the audience who wish to address the City Council regarding the above
items.
No further business other than the above will be considere t this
meeting.
Dated: November 16, 2006
the City of Arcadia
PURSUANT TO THE AMERICANS WITH DISABILITIES ACT, PERSONS
WITH A DISABILITY WHO REQUIRE A DISABILITY RELATED
MODIFICATION OR ACCOMMODATION IN ORDER TO PARTICIPATE IN
A MEETING, INCLUDING AUXILIARY AIDS OR SERVICES, MAY
REQUEST SUCH MODIFICATION OR ACCOMMODATION FROM THE
CITY CLERK AT (626) 574 -5455. NOTIFICATION 48 HOURS PRIOR TO
THE MEETING WITH ENABLE THE CITY TO MAKE REASONABLE
ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THE MEETING.
City of
Arcadia
CITY OF ARCADIA 0FF-1
CITY COUNCIL /REDEVELOPMENT AGENCY
REGULAR MEETING Ar
TUESDAY, NOVEMBER 21, 2006
AGENDA
6:00 p.m.
Location: City Council Chamber Conference Room, 240 W. Huntington Drive
CALL TO ORDER
ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS:
Roger Chandler, Mayor /Agency Chair
Mickey Segal, Mayor Pro Tem /Agency Vice Chair
Peter Amundson, Council /Agency Member
Robert Harbicht, Council /Agency Member
John Wuo, Council /Agency Member
STUDY SESSION PUBLIC COMMENTS (5 minutes per person)
Any person wishing to address the City Council /Redevelopment Agency during the Public
Comments period is asked to complete a "Public Comments" card available in the Council
Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary
prior to the start of the Closed Session /Study Session.
In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All
comments are to be directed to the City Council /Redevelopment Agency, and we ask that proper
decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment
Agency from discussing topics or issues unless they appear on the posted Agenda.
STUDY SESSION
a. Presentation and discussion regarding Metro Gold Line Foothill Extension
Construction Authority Master Cooperative Agreement.
7:00 p.m., City Council Chamber
RECONVENE CITY COUNCIL /REDEVELOPMENT AGENCY MEETING TO OPEN SESSION
INVOCATION .
Reverend Terry Keenan, The Santa Anita Church
PLEDGE OF ALLEGIANCE
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
Amundson, Harbicht, Segal, Wuo and Chandler
REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION /STUDY
SESSION ITEMS
SUPPLEMENTAL INFORMATION FROM CITY MANAGERIEXECUTIVE "DIRECTOR
REGARDING AGENDA ITEMS
MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE
THE READING IN FULL
PRESENTATIONS AND PROCLAMATIONS
a. Assembly Member Carol Liu.
b. Senator Bob Margett.
C. Presentation of 10851 Pin to Police Officer Matt Nelson.
PUBLIC COMMENTS (5 minutes per person)
Any person wishing to address the City Council /Redevelopment Agency during the Public
Comments period is asked to complete a "Public Comments" card available in the Council
Chamber Lobby. The completed form should be submitted to the City Clerk /Agency Secretary
prior to the start of the 7:00 p.m. Open Session.
In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All
comments are to be directed to the City Council /Redevelopment Agency and we ask that proper
decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment
Agency from discussing topics or issues unless they appear on the posted Agenda.
REPORTS FROM ELECTED OFFICIALS
1. CONSENT CALENDAR
All matters listed :under the Consent Calendar are considered to be routine and all will be
enacted by one roll call vote. There: will be no separate discussion of these items unless
members of the City Council /Redevelopment Agency request specific items be removed from
the Consent Calendar for separate action.
REDEVELOPMENT AGENCY ITEMS:
a. REGULAR MEETING MINUTES, NOVEMBER 7, 2006.
Recommended Action: Approve
CITY COUNCIL ITEMS:
b. REGULAR MEETING MINUTES, NOVEMBER 7. 2006.
Recommended Action: Approve
C.
Recommended Action:
G
a
2007.
Recommended Action: Approve
Recommended Action: Approve
DRIVE.
Recommended Action: Approve
- $12,432.36.
Recommended Action: Approve
h. ORDINANCE NO. 2220 AMENDING THE CITY'S UNIFORM TRAFFIC
ORDINANCE.
Recommended Action: Adopt
2... CITY MANAGER
a.
a
GROUP.
Recommended Action: Adopt
C. APPROVE THE CERTIFICATION REGARDING THE SUFFICIENCY OF THE
CONSTRUCTION OF PHASE II OF THE METRO GOLD LINE LIGHT RAIL.
,Recommended Action: Adopt
Recommended Action: Approve and Adopt
CITY SPECIAL ELECTION (OPTION B).
DISTRICT ZONE.
Recommended Action: Adopt
Recommended Action: Adopt
RESOLUTION NO. 6548 ORDERING THE CANVASS OF THE SPECIAL
Action: Adopt
n.'
ADJOURNMENT
The City Council /Redevelopment Agency will adjourn this meeting in memory of Joe Miller to a
continued regular meeting tomorrow, November 22, 2006 at 8:00 a.m, in the City Council
Chamber Conference Room located at 240 W. Huntington Drive, Arcadia in order to meet with
Los Angeles County Supervisor Michael Antonovich in order to discuss issues of mutual interest
to the County of Los Angeles and the City of Arcadia. At this continued regular meeting the
following matters will be discussed:
1. CHANTRY FLAT ROAD (POTENTIAL FOR COUNTY AND /OR FEDERAL
RESPONSIBILITY FOR OWNERSHIP AND MAINTENANCE OF THE ROAD).
2.. A STATUS REPORT ON ROSEMEAD BOULEVARD. IMPROVEMENTS.
3. MTA/GOLD LINE FUNDING.
The City Council /Redevelopment Agency will adjourn this meeting to December 5, 2006 at 6:00
p.m. in the City Council Chamber Conference Room located at 240 W: Huntington Drive,
Arcadia.
PURSUANT TO THE AMERICANS WITH DISABILITIES ACT, PERSONS WITH A DISABILITY
WHO REQUIRE A DISABILITY - RELATED MODIFICATION OR ACCOMODATION IN ORDER
TO PARTICIPATE IN A MEETING, INCLUDING AUXILIARY AIDS OR SERVICES, MAY
REQUEST SUCH MODIFICATION OR ACCOMODATION FROM THE CITY CLERK AT (626)
574 -5455. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE CITY
TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THE
MEETING,
DISTRICT ZONE.
Recommended Action: Adopt
l MC U111111=11UCU MU11U11. MUUFR, -
Recommended Action: Adopt
CITY COUNCIL/REDEVELOPMENT AGENCY MEETING
ANNOTATED AGENDA
NOVEMBER 21, 2006
STUDY SESSION
a. Presentation and discussion regarding Metro Gold Line Foothill
Extension Construction Authority Master Cooperative Agreement.
1
2.
CONSENT CALENDAR
REDEVELOPMENT AGENCY ITEMS:
a. REGULAR MEETING MINUTES, NOVEMBER 7, 2006.
CITY COUNCIL ITEMS:
b. REGULAR MEETING MINUTES, NOVEMBER 7, 2006.
NO ACTION
TAKEN
APPROVED 5 -0
APPROVED 5 -0
c. APPOINTMENT OF A DELEGATE TO THE SAN GABRIEL VALLEY APPROVED 5 -0
MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF
TRUSTEES.
d. AWARD A ONE (1) YEAR PROFESSIONAL SERVICES APPROVED 5 -0
AGREEMENT EXTENSION TO THE FERGUSON GROUP FOR
.FEDERAL LEGISLATIVE ADVOCACY SERVICES IN THE AMOUNT
OF $65,000 BEGINNING JANUARY 2007.
e. RECOMMENDATION TO PURCHASE FIRE DEPARTMENT APPROVED 5 -0
COMMUNICATIONS EQUIPMENT FROM MOTOROLA IN AN
AMOUNT NOT TO EXCEED $105,000 FOR THE REPLACEMENT
AND UPGRADE OF FIRE DEPARTMENT VHF PORTABLE RADIOS
AND NECESSARY EQUIPMENT.
f. CONSIDERATION OF FIVE (5) YEAR LEASE WITH ARCADIA APPROVED 5 -0
CHAMBER OF COMMERCE FOR CITY -OWNED PROPERTY AT
388 WEST HUNTINGTON DRIVE.
g. ACCEPT ALL WORK PERFORMED BY E.C. CONSTRUCTION FOR APPROVED 5 -0
THE SANTA ANITA CANYON ROAD EROSION REPAIR PROJECT
AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE
MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS,
SUBJECT TO A RETENTION OF $12,432.36.
h. ORDINANCE NO. 2220 AMENDING THE CITY'S UNIFORM ADOPTED 5 -0
TRAFFIC ORDINANCE.
CITY MANAGER
a. RESOLUTION NO. 6541 ADOPTING A MASTER COOPERATIVE ADOPTED 5 -0
AGREEMENT WITH THE METRO GOLD LINE FOOTHILL
EXTENSION CONSTRUCTION AUTHORITY FOR PLANNING,
ENGINEERING AND CONSTRUCTION OF PHASE II OF THE
METRO GOLD LINE LIGHT RAIL.
b. RESOLUTION NO. 6542 APPROVING A MEMORANDUM OF ADOPTED 5 -0
UNDERSTANDING TO ESTABLISH A REGIONAL WATER
MANAGEMENT GROUP.
c. APPROVE THE CERTIFICATION REGARDING THE SUFFICIENCY APPROVED 5 -0
OF THE INITIATIVE PETITION RELATING TO PERMITTED AND
PROHIBITED USES IN THE CENTRAL BUSINESS DISTRICT ZONE
AND ADOPT RESOLUTIONS CALLING FOR A SPECIAL ELECTION
(OPTIONS B OR C).
CITY SPECIAL ELECTION (OPTION B).
RESOLUTION NO. 6545 CALLING AND GIVING NOTICE OF THE ADOPTED 5 -0
HOLDING OF A SPECIAL MUNICIPAL ELECTION ON MAY 8, 2007,
FOR THE SUBMISSION TO THE VOTERS OF A PROPOSED
ORDINANCE RELATING TO PERMITTED AND PROHIBITED USES
IN THE CENTRAL BUSINESS DISTRICT ZONE.
RESOLUTION NO. 6546 REQUESTING THE BOARD OF ADOPTED 5 -0
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO PERMIT
THE REGISTRAR/RECORDER OF SAID COUNTY TO RENDER
SPECIFIED SERVICES TO THE CITY RELATING TO THE
CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN
SAID CITY ON MAY 8, 2007.
RESOLUTION NO. 6547 SETTING PRIORITIES FOR FILING ADOPTED 5 -0
WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS FOR THE MEASURE.
RESOLUTION NO. 6548 ORDERING THE CANVASS OF THE ADOPTED 5 -0
SPECIAL MUNICIPAL ELECTION TO BE HELD ON MAY 8, 2007, TO
BE MADE BY THE CITY CLERK OF THE CITY OF ARCADIA.
CONSOLIDATED SPECIAL ELECTION WITH THE ARCADIA
UNIFIED SCHOOL DISTRICT (OPTION C).
RESOLUTION NO. 6545 CALLING AND GIVING NOTICE OF THE
HOLDING OF A SPECIAL MUNICIPAL ELECTION ON APRIL 17,
2007, FOR THE SUBMISSION TO THE VOTERS OF A PROPOSED
ORDINANCE RELATING TO PERMITTED AND PROHIBITED USES
IN THE CENTRAL BUSINESS DISTRICT ZONE.
RESOLUTION NO. 6546 REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO BE HELD
ON APRIL 17, 2007, WITH THE ARCADIA UNIFIED SCHOOL
DISTRICT GENERAL ELECTION TO BE HELD ON THAT DATE
PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE.
RESOLUTION NO. 6547 SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS REGARDING CITY MEASURE - -- AND
DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS FOR THE MEASURE.
l%c,
° RAO8�2Aa ��
STAFF REPORT
DATE:
November 21, 2006
Office of the City Manager
TO: Mayor and City Council ,�
FROM: William R. Kelly, City Manager U ' �Y U��
By: Linda Garcia, Communications, Marketing and Special
Projects Manager
SUBJECT:
SUMMARY
Recommendation: Appoint Roger Chandler to a four -year term
Mayor Roger Chandler has been the City of Arcadia's representative on the San Gabriel
Valley Mosquito and Vector Control District Board of Trustees since the year 2001. Mr.
Chandler's term of office is ending in January 2007 and as such, the City Council needs
to make a current appointment to the Board.
DISCUSSION
The purpose of the San Gabriel Valley Mosquito and Vector Control District is to prevent
new sources of vectors from developing, to control existing populations of vectors and
to abate their sources. These goals are accomplished through education, prevention
and an integrated pest management program.
San Gabriel Valley member cities each appoint a Delegate to serve on the Board of
Trustees of the District, as does the County of Los Angeles. Delegates being
reappointed are eligible for either a two or four -year term. New delegates are eligible
only for a term of two years. It is not necessary that the Delegate to the Board of
Trustees be an elected official. The Board meets once a month on the second Friday at
7:00am at the District's office in West Covina. Each Board Member receives a stipend
of $100.00 per meeting.
Mayor Chandler has verbally expressed an interest in continuing to serve on the Board.
His experience with the District and as an elected official give him a unique background
that should continue to prove useful in terms of representing Arcadia in this fashion.
Staff recommends he be appointed to a four -year term.
RECOMMENDATION
It is recommended that the City Council appoint Roger Chandler to a four -year
term as the City of Arcadia's Delegate to the San Gabriel Valley Mosquito and
Vector Control District Board of Trustees.
48:0106
CITY COUNCIL /REDEVELOPMENT AGENCY
SPECIAL MEETING MINUTES
TUESDAY, NOVEMBER 21, 2006
As authorized by California Government Code Section 54956. The City Council and
Redevelopment Agency of the City of Arcadia met at 5:00 p.m, in a Special Meeting at the
Arcadia City Council Chamber Conference Room.
CALL TO ORDER
The Mayor Chandler called the meeting in order at 5:00 p.m.
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Amundson, Harbicht, Segal, Wuo and Chandler
ABSENT: None
CLOSED SESSION
a. Pursuant to Government Code Section 54956.9(c) to confer with legal counsel
regarding potential litigation — one (1) case.
d. Conference with real property negotiators pursuant to Government Code Section
54956.8:
Property Description: Southerly parking area of Santa Anita
Race Track Property.
Negotiating Parties: CCU: City Manager, Assistant City
Manager /Development Services
Director and City Attorney.
Property Owner Caruso Affiliated,
Caruso Property Management
Company, Magna Entertainment
Corporation, the Santa Anita
Companies and the Los Angeles Turf
Club.
Under Negotiation: Price and terms of payment.
RECONVENE CITY COUNCIL /REDEVELOPMENT AGENCY MEETING TO STUDY SESSION
AT 6:00 P.M.
Mayor Chandler convened the Study Session to order at 6:00 p.m.
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council /Agency Members Amundson, Harbicht, Segal, Wuo and Chandler
ABSENT: None
1 11 -21 -2006
48:0107
STUDY SESSION PUBLIC COMMENTS (5 minutes per person)
STUDY SESSION
a. Presentation and discussion regarding Metro Gold Line Foothill Extension
Construction Authority Master Cooperative Agreement.
The City Manager provided a brief overview of the Metro Gold Line Foothill Extension
Construction Authority Master Cooperative Agreement, the gold line schedule, the grade
separation project at Santa Anita, and the recently approved bond issue for the grade
separation.
RECONVENE CITY COUNCIL /REDEVELOPMENT AGENCY MEETING TO OPEN SESSION
The Mayor convened the Open Session meeting at 7:00 p.m.
INVOCATION
Reverend Terry Keenan, The Santa Anita Church
PLEDGE OF ALLEGIANCE
Don Penman, Assistant City Manager /Development Services Director
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council /Agency Members Amundson, Harbicht, Segal, Wuo and Chandler
ABSENT: None
REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION /STUDY
SESSION ITEMS
Steve Deitsch, City Attorney announced that at a noticed special meeting of the City Council
and Redevelopment Agency Board convened at 5:00 p.m. The City Council and Redevelopment
Agency considered the two (2) items listed under closed session. No reportable action was
taken.
The City Attorney also announced that after closed session, the City Council met in a study
session in order to consider a presentation and discuss the Metro Gold Line Foothill Extension
Construction Authority Master Cooperative Agreement and related matters.
SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
None.
MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE
THE READING IN FULL
A motion was made by Council /Agency Member Amundson, seconded by Council /Agency
Member Segal, and carried on roll call vote to read all ordinances and resolutions by title only
and waive the reading in full.
2 11 -21 -2006
PRESENTATIONS AND PROCLAMATIONS
a. Assembly Member Carol Liu. (continued to December 5, 2006)
b. Senator Bob Margett
C. Presentation of 10851 Pin to Police Officer Matt Nelson.
PUBLIC COMMENTS (5 minutes per person)
Lori Phillipi, PTSA President Arcadia High School. She thanked the community for the passing
of the school bond Measure I on November 7, 2006. She also announced the various events
currently taking place at Arcadia High School.
Joe Mooney an Arcadia resident expressed his opposition regarding the taking of Rod's Grill
through eminent domain. (Council Member Harbicht reminded Mr. Mooney that Rod's Grill was
not threatened with eminent domain proceedings.)
Philip Locke resident of Glendale spoke in support of Rod's Grill. He also thanked the City
Council for not implementing eminent proceedings on Rod's Grill.
Dirk L. Hudson commented regarding the initiative measure proposed by Manny Romero. Mr.
Hudson also commented about the eminent domain proceedings against Arcadia Self Storage
and aesthetic issues surrounding the Rusnak Mercedes Dealership.
REPORTS FROM ELECTED OFFICIALS
Council Member Amundson announced that he attended the Festival of Bands. He also
reminded everyone about the Planning Commission meeting on Tuesday, November 28, 2006
at 6:30 p.m. regarding input on the Draft Environmental Impact Report on the Caruso project.
Mr. Amundson also commented that at the meeting the next morning with Supervisor
Antonovich, he would like to see the cost of the Chantry Road shifted to the County. He also
thanked all citizens who have written, e- mailed and called since the last Council meeting. He
also wished everyone a Happy Thanksgiving.
Mayor Pro Tem Segal announced the Holiday Snow Festival at the Community Center
Saturday, December 9th from 1:00p.m. to 4:00p.m. He also encouraged all kids to attend and
enjoy the 33 tons of snow. He also wished the staff and Council Members a Happy
Thanksgiving.
Council Member Wuo announced that as the council liaison for the
Commission, the Commission will tour the city the first week of December
awards for this event. He also mentioned that lights should remain on until ,
the winner will receive a sign to display on their property. Mr. Wuo encot
walkers to wear reflective clothing in the evening. He also wished e
Thanksgiving.
Council Member Harbicht had nothing to announce.
Arcadia Beautiful
and select holiday
0:00 p.m. and that
raged joggers and
✓eryone a Happy
11 -21 -2006
48:0109
Mayor Chandler announced that the City in a joint effort with the California Office of Traffic
Safety, the California Highway Patrol, the Department of Transportation and the Department of.,
Alcoholic Beverage Control encouraged everyone to drive safely during the holidays and also
announced that if you see drunk drivers on the road to contact 911. He also wished everyone a
Happy Thanksgiving.
City Clerk Barrows wished everyone a Happy Thanksgiving. He also thanked everyone who
assisted in the planning of the Festival of Bands. He also thanked the police, fire, public works
and all City departments for their cooperation.
CONSENT CALENDAR
REDEVELOPMENT AGENCY ITEMS:
a. REGULAR MEETING MINUTES, NOVEMBER 7, 2006.
Recommended Action: Approve
CITY COUNCIL ITEMS:
b. REGULAR MEETING MINUTES, NOVEMBER 7. 2006.
Recommended Action: Approve
C.
Recommended Action: Approve
d. AWARD A ONE (1) YEAR PROFESSIONAL SERVICES AGREEMENT
e. RECOMMENDATION TO PURCHASE FIRE DEPARTMENT
f. CONSIDERATION OF FIVE (5) YEAR LEASE WITH ARCADIA CHAMBER OF
COMMERCE FOR CITY -OWNED PROPERTY AT 388 WEST HUNTINGTON
DRIVE.
Recommended Action: Approve
Q
11 -21 -2006
Recommended Action: Approve
Recommended Action: Approve
WITH THE CONTRACT DOCUMENTS, SUBJECT TO A RETENTION OF
$12,432.36.
Recommended Action: Approve
a -Buie
h. ORDINANCE NO. 2220 AMENDING THE CITY'S UNIFORM TRAFFIC
ORDINANCE.
Recommended Action: Adopt
A motion was made by Council /Agency Member Harbicht, seconded by Council /Agency
Member Segal, and carried on roll call vote to approve the Consent Calendar items 2 -a. through
2 -h on the City Council /ARA Consent Calendars.
AYES: Council /Agency Members Harbicht, Segal, Amundson Wuo and Chandler
NOES: None
2. CITY MANAGER
a. RESOLUTION NO. 6541 ADOPTING A MASTER COOPERATIVE
AGREEMENT WITH THE METRO GOLD LINE FOOTHILL EXTENSION
CONSTRUCTION AUTHORITY FOR PLANNING, ENGINEERING AND
CONSTRUCTION OF PHASE II OF THE METRO GOLD LINE LIGHT RAIL.
Recommended Action: Adopt
The staff report was presented by Don Penman, Assistant City Manager /Development Services
Director who explained that the Metro Gold Line Foothill Extension Construction Authority was
responsible for the planning, engineering and construction of Phase II of the Metro Gold Line
Light Rail Project. Mr. Penman also commented that the Authority is requesting that each
Phase II city located on the Foothill Extension light rail corridor adopt a Master Cooperative
Agreement that defines the process, procedures and responsibilities involved with the planning,
design and construction of the light rail extension project. Mr. Penman recommended that the
City Council adopt a resolution approving the Master Cooperative Agreement with the Metro
Gold Line Foothill Extension Construction Authority.
Council Member Harbicht announced that he would like the public to be aware that this matter
was discussed at the earlier open study session, that there is no funding for the gold line and
the construction for the gold line is several years down the road. Council Member Harbicht also
mentioned that the voters of Arcadia did approve an $8 million dollar bond issue for building a
grade separation on Santa Anita Avenue and since there is no schedule for construction, the
decision was made to not issue the bonds at this time.
Mr. Penman confirmed comments made by Council Member Harbicht
Council Member Amundson asked what benefits would the City receive if the Gold Line comes
through Arcadia.
Mr. Penman discussed the different options the City is exploring with regard to light rail
development and access issues relative to the mall and Santa Anita Race Track.
Council Member Harbicht wanted to publicly comment that the gold line is not a commuter line.
A motion was made by Council /Agency Member Harbicht, seconded by Council /Agency
Member Segal, and carried on roll call vote to adopt Resolution No. 6541 adopting a Master
Cooperative Agreement with the Metro Gold Line Foothill Extension Construction Authority for
planning, engineering and construction of Phase II of the Metro Gold Line light rail.
11 -21 -2006
48:0111
AYES: Council /Agency Members Harbicht, Segal, Amundson, Woo and Chandler
NOES: None
b. RESOLUTION NO. 6542 APPROVING A MEMORANDUM OF
UNDERSTANDING TO ESTABLISH A REGIONAL WATER MANAGEMENT
GROUP.
Recommended Action: Adopt
Pat Malloy, Public Works Services Director briefly explained the purpose of the Integrated
Regional Water Management Plan (IRWMP). He also explained that grant funding that became
available through State Proposition 50 prompted this Plan. He also commented that the City
benefits from the projects that are in the Plan should funding become available in the future.
Mr. Malloy introduced Tom Tait, Deputy Director of Public Works Services who will present the
staff report.
Mr. Tait recommended that the City Council authorize the City Manager to execute an MOU
which will allow the City to become a participant in the formation of the integrated water
management group. He also explained that the integrated regional water management grant
program provides grant funds for projects to protect communities from drought, and to protect
and improve water quality. Mr. Tait also commented that water resource planning activities
relating to Proposition 50 grant funding project that would benefit the City are the Arcadia
Wilderness Park Nature Center refurbishment, Santa Anita dam and debris seismic
rehabilitations, subregional solutions trash removal device at Peck Water Conservation Park,
and the Raymond Basin Feeder. Mr. Tait Staff recommends that the City Council adoption
Resolution No. 6542 authorizing the City of Arcadia to participate in the Integrated Regional
Water Management Plan MOU for water resources planning activities relating to Proposition 50
grant funding and implementation.
Council Member Harbicht asked a question regarding the extended water pipeline for
groundwater replenishment which was responded to by Mr. Malloy.
A motion was made by Council /Agency Member Segal, seconded by Council /Agency Member
Harbicht, and carried on roll call vote to adopt Resolution No. 6452 approving a Memorandum of
Understanding to establish a Regional Water Management Group.
AYES: Council /Agency Members Segal, Harbicht, Amundson, Wuo and Chandler
NOES: None
C. APPROVE THE CERTIFICATION REGARDING THE SUFFICIENCY OF THE
INITIATIVE PETITION RELATING TO PERMITTED AND PROHIBITED USES
Recommended Action: Approve and Adopt
CITY SPECIAL ELECTION (OPTION B).
RESOLUTION NO. 6545 CALLING AND GIVING NOTICE OF THE HOLDING
11 -21 -2006
DISTRICT ZONE.
Recommended Action: Adopt
48:0112
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR THE MEASURE.
Recommended Action: Adopt
CITY CLERK OF THE CITY OF ARCADIA.
Recommended Action: Adopt
RESOLUTION NO. 6545 CALLING AND GIVING NOTICE OF THE HOLDING
RESOLUTION NO. 6546 REQUESTING THE BOARD OF SUPERVISORS OF
Steve Deitsch, City Attorney referenced the staff report relating to an initiative measure that has
been filed with the City to amend the general plan and zoning code relating to permitted and
prohibited uses within'a portion of the Central Business District (CBD) Zone of the City. Mr.
Deitsch stated that the initiative measure title is to amend the general plan and zoning code
relating to permitted and prohibited uses within the Central Business District Zone. Mr. Deitsch
also commented that circulators of the petition regarding this initiative have obtained signatures
of the required number of voters to place the measure on a special election ballot. Mr. Deitsch
recommends that the City Council call for special election on Tuesday, May 8, 2007, and adopt
those resolutions relating to a special City election. The City Attorney read the titles of each
resolution. The City Attorney also read the ballot measure title in the record as "shall the
ordinance amending the general plan and zoning code relating to permitted and prohibited uses
within the Central Business District Zone be adopted."
11 -21 -2006
HELD IN SAID CITY ON MAY 8, 2007.
Recommended Action: Adopt
Recommended Action: Not Adopted
Recommended Action: Not Adopted
Recommended Action: Not Adopted
48:0113
Mr. Deitsch also announced that a public hearing card submitted from Mr. Sutton regarding this
item and advised that this is not a public hearing item. However, Mr. Deitsch recommended that
Mr. Sutton be allowed to speak on this item.
Mr. Chris Sutton, Esq. representing Manny Romero owner of Rod's Grill and Carla Nichols the
voter who circulated and sponsored the initiative measure for Mr. Romero because he is not a
registered voter in Arcadia. Mr. Sutton urged the City Council to adopt the measure. He further
advised the City Council that the threat of eminent domain still exists. Mr. Sutton also urged the
City Council as the Redevelopment Agency to adopt an ordinance and renounce the ability to
use eminent domain to have the special election consolidated with the School District.
City Attorney Steve Deitsch advised Mr. Sutton that consolidating the special election with the
school district is a clear violation of the Elections Code.
Council Member Wuo commented that he supports the City's special election date announced.
Council Member Harbicht also announced that he supports the special election date and not put
the City in jeopardy of violating the law.
Council Member Amundson also announced that he agrees with the City Attorney's legal
advice.
Council Member Harbicht asked Mr. Kelly what the cost to the taxpayers of holding this special
election.
City Manager Kelly responded that the County Clerk's office has advised that the cost would be
least $100,000 for a special election.
Council Member Amundson asked what the cost would be to consolidate the election with the
school district.
City Manager Kelly responded that the cost to consolidate would be about $75,000
A motion was made by Council /Agency Member Harbicht, seconded by Council /Agency
Member Wuo, and carried on roll call vote to certify the sufficiency of the proposed initiative
petition.
AYES: Council /Agency Members Harbicht, Wuo, Amundson, Segal and Chandler.
NOES: None
A motion was made by Council /Agency Member Segal, seconded by Council /Agency Member
Harbicht to adopt Resolution Nos. 6545, 6546, 6547 and 6548 regarding the special election.
AYES: Council /Agency Members Segal, Harbicht, Amundson, Wuo and Chandler
NOES: None
City Manager Kelly announced that at the Planning Commission next Tuesday concerning the
environmental impact report on the Caruso project, the public should not enter the Community
Center until after 5:30 p.m. for the 6:30 p.m. meeting due to on -going recreation classes until
5:30 p.m.
8 11 -21 -2006
48:0114
ADJOURNMENT
The City Council /Redevelopment Agency adjourned this meeting in the memory of Joe Miller at
8:45 p.m. to a Continued Regular Meeting with Los Angeles County Supervisor, Michael
Antonovich, November 22, 2006 at 8:00 a.m. in the City Council Chamber Conference Room
located at 240 W. Huntington Drive, Arcadia.
James H. Barrows, City Clerk
By:
Lisa Mussenden
Interim Chief Deputy City Clerk
9 11 -21 -2006
,d,
DATE: November 21, 2006
TO: Mayor & City Council
FROM: William R. Kelly, City Manager
Linda Garcia, Communications, arketing &Special Projects Manage
By: Yvonne Yeung, Management Aide ,-_
SUBJECT: Award a one (1) year professional services agreement extension to The
Ferguson Group for federal legislative advocacy services in the amount of
$65,000 beginning January 2007
Recommendation: Approve .
SUMMARY
Since 1996, The Ferguson Group has been assisting the cities of Arcadia and Sierra
Madre with funding for water infrastructure improvement projects. In 1999, the City
Council approved expanding their legislative advocacy services to include other projects
for which we might be eligible for federal funding. As a direct result of our partnership
with The Ferguson Group, millions of dollars were secured for various essential City
projects in the past. The current contract expires on December 31, 2006, and staff asks
the City Council to renew our contract with The Ferguson Group for another year.
DISCUSSION
The expenditure of funds for legislative advocacy has proven to be very beneficial. To
date, the City has been successful in obtaining millions of dollars in federal grants for
various projects, such as traffic and street improvement projects, regional counter-
terrorism training program for first responders, monies for the Ruth and Charles Gilb
Arcadia Historical Museum, and, most importantly, significant funding for joint
Arcadia /Sierra Madre water infrastructure improvement projects.
In fact, last year we received good news in terms of federal monies available for local
water projects: Congress authorized $20 million for the Arcadia /Sierra Madre Water
Environmental Infrastructure Program and an additional $5 million for the Raymond
Basin Management Board — of which the City of Arcadia is a member — for its Southern
California Foothill Communities Water Supply Reliability Program. This funding will be a
tremendous help for our continuing efforts toward safeguarding the reliability of our
water system as well as the quality and quantity of our drinking water in the case of a
major seismic event.
Office of the City Manager
The Ferguson Group
November 21, 2006
Page 2
Staff believes that The Ferguson Group's tireless lobbying efforts on the City's behalf
was instrumental in our receipt of this major funding; therefore, staff is confident the
partnership with The Ferguson Group will continue to be a worthwhile investment.
Members of The Ferguson Group team are not only knowledgeable about the federal
process, funding availability and the kind of projects that typically receive funding, they
are also helpful in scheduling meetings with key legislators and their staffs in
Washington, D.C. This has allowed the Arcadia /Sierra Madre team to personally make
presentations about specific projects directly to the people who are responsible for
allocating federal funds.
FISCAL IMPACT
The $65,000 annual retainer remains the same as last year. The fee includes unlimited
hours of service each month and overhead expenses. As in the past, this cost will be
shared among the General Fund (35 %), the Water Fund (50 %), and the redevelopment
Agency (15 %).
RECOMMENDATION
Authorize the City Manager to award a one (1) year Professional Services
Agreement extension to The Ferguson Group for federal legislative advocacy
services in the amount of $65,000 beginning January 1, 2007.
if — , - n.
°�m••ry��°d STAFF REPORT
Fire Department
DATE: November 21, 2006
TO: Mayor and City Council
FROM: David R. Lugo, Jr., Fire Chief
By: Tony L. Trabbie, Deputy Fire Chief 1,
SUBJECT: RECOMMENDATION TO PURCHASE FIRE DEPARTMENT
COMMUNICATIONS EQUIPMENT FROM MOTOROLA IN AN AMOUNT
NOT TO EXCEED $105,000 FOR THE REPLACEMENT AND UPGRADE
OF FIRE DEPARTMENT VHF PORTABLE RADIOS AND NECESSARY
EQUIPMENT
Recommendation: Approve
SUMMARY
The Fire Department wishes to complete a two year upgrade /replacement program
designed to replace remaining obsolete communications equipment in an effort to
maintain safe and effective operations.
Staff recommends that the City Council appropriate $105,000 from the Equipment
Replacement Fund and to authorize the purchase of VHF Portable Radios and
necessary equipment from Motorola in an amount not to exceed $105,000.
BACKGROUND
In 2004, the Los Angeles Area Fire Chief's adopted a standard VHF communication
plan. This plan is known as Tactical Mutual Aid Communication (TMAC). The TMAC
was developed in Los Angeles due to emergency responders' inability to communicate
during the events of 911 /Ground Zero in September 2001. The Los Angeles Area Fire
Chiefs have been proactive in the development of TMAC to ensure communications that
will be necessary in the event of a man -made or natural disaster in the Los Angeles
area. In 2004, with the adoption of the TMAC plan, the Arcadia Fire Department
determined that its VHF portable radios were not compatible with the TMAC plan.
Mayor and City Council
Page 2
In response to the TMAC plan, the Arcadia Fire Department developed a two year plan
for replacement of its VHF radio equipment. A two year Equipment Acquisition Plan
was developed to distribute the costs of this upgrade over a two year period, rather than
making the entire transition in FY 2005/06. During the first phase of this equipment
replacement program, half of this equipment was upgraded from three (3) zones to thirty
(30) zones which satisfies the TMAC minimum standards.
DISCUSSION
In order to complete replacement of the remaining equipment, the Fire Department
wishes to purchase the second half of the Motorola VHF Radios for all suppression
personnel, command staff, emergency apparatus and support units. These radios will
also be utilized for staffing additional apparatus in the event of a disaster or wide -scale
emergency in Arcadia and /or surrounding areas.
Previous experience with radios has shown that the Motorola brand is a quality product.
Motorola's reliability, proven ruggedness, upgradeable features, and quality of product
will maintain, if not enhance firefighter safety. Implementation of this communications
upgrade will allow for interoperability of communications with Verdugo and other local
agencies, including the.Arcadia Police Department. The Fire Department plans to
piggyback on purchasing contract No. 40856 between Motorola and Los Angeles
County which extends through June 30, 2007.
Completion of this two year replacement/upgrade will provide radios for the Arcadia Fire
Department that will adapt to future expansions of the TMAC plan and allow Arcadia
personnel to communicate with emergency responders from multiple agencies and
jurisdictions.
FISCAL IMPACT
The cost to complete purchasing of the remaining VHF Portable Radios and necessary
equipment will not exceed $105,000. This equipment acquisition item was included in
the FY 2006107 Capital Improvement/Equipment Replacement Plan approved by
Council.
Mayor and City Council
Page 3
Funding for the second phase of this project was included in an application under the
FY06 State Homeland Security Grant Program, however, funding was not awarded
under the grant. At the time the City budget and Equipment Replacement Plan was
prepared, Fire Department staff was awaiting the approval of the grant application and
the funding source was designated as "Other - Homeland Security Grant Fund."
Because grant funding is not available for this project at this time, the Fire Department
requests $105,000 be appropriated from the Equipment Replacement Fund in order to
complete this project as originally budgeted.
RECOMMENDATION
It is recommended that the City Council
1. Appropriate $105,000 from the Equipment Replacement Fund; and
2. Authorize the purchase of VHF Portable Radios and necessary
communications equipment from Motorola in an amount not to exceed
$105,000.
Approved: U —=:
William R. Kelly, City Manager
a ° `0
•
STAFF REP
•p �. R I
' l
21, 2006
TO: Mayor and City Council
FROM: Don Penman, Assistant City Manager /Development Services Director
SUBJECT: Consideration of five (5) year lease with Arcadia Chamber of Commerce
for City -owned property at 388 West Huntington Drive
Recommendation: Approve
SUMMARY
The current five (5) year lease with the Arcadia Chamber of Commerce for the City -
owned property at 388 W. Huntington Drive expires on December 3, 2006. Staff
recommends the renewal of the lease for a five (5) year period through December 3,
2011, cancelable upon twelve (12) month's written notice, at the rate of $400 per month
or $4,800 per year.
DISCUSSION
The City of Arcadia owns the triangular shaped property at 388 W. Huntington Drive,
which is adjacent to Methodist Hospital (see Site Map Attachment 1). The Arcadia
Chamber of Commerce has leased the property and the 1,900 square foot building
since 1966. The current five -year lease expires on December 3, 2006. The proposed
new lease (Attachment 2) is also for a five -year period, or until December 3, 2011, but
can be cancelled at any time without cause with twelve (12) months written notice to the
Chamber.
The monthly rent, currently at $400, is proposed to continue at the same rate. This is
estimated to be approximately 15% to 20% of the possible monthly market rent for the
property assuming a minimum monthly rate of $1.50 per square foot. In return for this
reduced rent, the Chamber provides a number of general services of benefit to the
Arcadia business community and community at large pursuant to an annual agreement
for which the City contributes $55,000 to the Chamber. Additionally, the Chamber also
makes the building available to community groups at no charge.
1, 9,
Mayor and City Council
November 21, 2006
Page 2
The lease provides that the Chamber maintain the interior of the building including the
HVAC system. The City maintains the exterior including the structure itself, landscaped
areas, parking lot surface, exterior lighting and roof.
There is only one minor change to this proposed lease from the existing lease. As
noted above, the Chamber makes available the conference room to Arcadia based
businesses, civic, charitable and community organizations for purposes of conducting
the activities and furthering the goals and functions of the Lessee (Chamber). This
language is very general, and while the Chamber has attempted to accommodate as
many of these outside groups as possible, there are times when this usage becomes
excessive and disruptive to the Chamber functions. Therefore, City staff has added
language to Section 6 that provides that the Chamber shall make the facilities available
a maximum of ten (10) times per month (at no charge) but no more than two (2)
meetings per month per organization. Additionally, the Chamber may establish
reasonable hours and regulations for usage of the premises such as not to disrupt the
operation of the Chamber.
The Chamber also requested that the City allow them through the lease to "design and
erect signs and electronic display for city events ", for which the Chamber may at its
discretion charge (a fee). Staff is not recommending this, as the City does not currently
allow electronic signs; the only ones that have been approved in the past were for Santa
Anita Racetrack.
FISCAL IMPACT
The City will generate $400 per month in lease revenue ($4,800 per year), though this
would not be a net amount as the City does incur expenses for maintenance of the
exterior of the building.
RECOMMENDATION
It is recommended that the City Council approve the five (5) year lease of the City -
owned property at 388 W. Huntington Drive, pursuant to the attached lease
Agreement.
Approved: —qnw
William R. Kelly, City Manager
Attachment 1 –Site Map.
Attachment 2 – Lease Agreement
Lease
THIS LEASE, executed on the fifth day of December, 2006 is by and between
the CITY OF ARCADIA, a Municipal Corporation in the County of Los Angeles, State
of California, hereinafter referred to as "Lessor," and the ARCADIA CHAMBER OF
COMMERCE, a non -profit California corporation, hereinafter referred to as "Lessee,"
WITNESSETH;
WHEREAS. Lessor has constructed a 1,900 sq. ft. office building on property
owned by Lessor (388 West Huntington Drive); and
WHEREAS, Lessee is in need of office space for the conduct of its business and
is willing to lease space in aforesaid building of Lessor upon the terms and conditions
hereinafter provided;
NOW, THEREFORE, Lessor and Lessee agree each with the other as follows:
1. LEASE. Lessor hereby agrees to lease unto Lessee and Lessee does
hereby agree to lease from Lessor the property described in Exhibit "A" attached hereto
and incorporated herein by reference, together with the improvements constructed
thereon which property and improvements are hereinafter referred to simply as "said
property" for the purposes and upon the terms, conditions and restrictions hereafter
contained.
2. TERM. The within Lease shall be for a term of five (5) years,
commencing December 3, 2006 at 12:01 a.m.
3. RENT. Lessee agrees to pay to Lessor as rental of the said property the
sum of Four Hundred Dollars ($400) per month and portion of a month, payable on
execution of this Lease and, thereafter, on the first day of each and every month so long
as the Lease remains in effect.
4. PURPOSES. Lessee agrees that said property shall be used only for the
work, business and purposes of the Arcadia Chamber of Commerce, and shall not be
used for any other purposes whatsoever without the prior written consent of Lessor first
obtained in each instance.
5. NO ASSIGNMENT — SUBLETTING. Lessee agrees that it will neither
assign the within Lease nor sublet any portion of said premises or said property, without
Lessor's prior written consent in each instance. The consent to assignment or subletting
in one instance shall not be deemed a waiver of the requirement for Lessor's written
consent to any subsequent assignment or subletting.
Attachment 2
6. USE OF PREMISES. Lessee shall make the building available to
Arcadia -based businesses, civic, charitable and community organizations for purposes
of conducting the activities and furthering the goals and functions of Lessee. Upon
request Lessee shall advise the City as to what groups (entities) are using the leased
premises. Lessee shall provide an annual report on this use no later than April 30 of
each year of this Lease. Chamber shall make facilities available a maximum of ten (10)
meetings per month but no more than two (2) meetings per month per organization.
Chamber may establish reasonable hours and regulations for usage of premises such as
to not disrupt the operation of the Chamber.
It is agreed that the insurance provided pursuant to this Lease is applicable to the use of
the premises and said property by other groups and entities as contemplated herein. The
use of the premises and said property is limited to groups and entities that are serving
the businesses or residents of the City of Arcadia and is incidental to the main purpose
of the Lease.
7. WASTE. Lessee shall neither cause nor permit any waste to be
committed upon the premises and said property and shall keep said property at all times
in a neat and orderly condition, free of debris and refuse. Lessee shall at its own
expense pay any and all possessory interest taxes and other taxes, pay for all utilities,
and repair and maintain the interior (e.g., utility systems, floors, walls, ceiling, windows,
HVAC system), and at its own expense shall repair all damage thereto from any cause
whatsoever resulting. Lessor shall repair and maintain at its own expense the
landscaped areas on said property, including trees, shrubs, turf, grass, irrigation, and the
parking lot surface, striping, lighting, building roof and structure.
8. UNLAWFUL ACT. Lessee agrees neither to cause nor to permit any
unlawful act to be committed upon said property.
9. RECOVERY- ATTORNEY FEES. In the event suit is necessary for
either party to enforce any of the provisions hereof, the losing party in any such lawsuit
shall pay a further sum to the prevailing party as attorney's fees, the amount thereof to
be determined by the Court or administrative tribunal, or agreed upon mediator or
arbitrator.
10. NO ALTERATIONS. Lessee shall cause no structural alterations to be
made to any building on said property without prior consent of Lessor's City Council
upon such terms and conditions as Lessor's City Council may prescribe; nor shall
Lessee either cause or permit any other work to be performed upon said property or the
improvements thereon for which a lien for labor or materials may be lawfully filed
without the prior consent of Lessor's City Manager and upon such terms and conditions
as he may prescribe.
11. INSURANCE AND PROPERTY DAMAGE OR LOSS. Throughout
the period of the Lease Period and any extension thereof, Lessee shall maintain with
reference to the said property public liability and property damage insurance in the
minimum amounts of Two Million Dollars ($2,000,000.00) public liability and One
Million ($1,000,000.00) property damage, with Lessor, its officers, officials, agents and
employees named as additional insured, and shall at all times maintain on file with
Lessor's City Clerk a certificate of such insurance coverage and insurance policy
endorsements issued by an insurance carrier authorized to conduct such business in the
State of California and ranked by Best Insurance Guide and rated at least B+ XII or
better which certificate by its terms shall not be cancelable without at least thirty (30)
days written notice to Lessor.
Lessor shall not be responsible for any loss or damage to Lessee's property on or
about the leased premised during the term of this Lease.
12. HOLD -OVER. The Lease may be extended by the parties hereto upon
such terms and conditions as the parties may mutually determine and agree upon in
writing. If Lessee remains in possession of said property beyond the term of the Lease
as hereinbefore specified such holding —over shall be upon the terms, conditions and
rental in effect during the last month of the term hereof, unless otherwise specifically
agreed in writing.
13. TERMINATION. Lessor may terminate this Lease at any time, subject
to twelve (12) months notice to Lessee.
14. NOTICE. Any notice required by or given in connection with the within
instrument may be given and shall be deemed to have been given when deposited in the
United Sates mail at any place within the County of Los Angeles addressed as follows:
Notice to the Lessor addressed to:
City of Arcadia
Attention: City Manager
240 West Huntington Drive
Arcadia, California 91007
Notice to the Lessee addressed to:
Arcadia Chamber of Commerce
Attn: Executive Director
388 West Huntington Drive
Arcadia, California 91007
The within Lease is executed at and is to be performed within the City of
Arcadia, County of Los Angeles, State of California.
IN WITNESS WHEREOF, the parties hereto have executed the within
instrument the day and year first hereinbefore set forth.
CITY OF ARCADIA ARCADIA CHAMBER OF COMMERCE
Lessor Lessee
By:
City Manager
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
fto
Executive Director
President
, 0- J_Ac�' 1. %
emYpJry°iN °e °• STAFF REPORT
Public Works Services Department
DATE: November 21, 2006
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Dire or
Prepared by: Lubomir Tomaier, Principal Civil Engineer
Mark Rynkiewicz, Associate Civil Engineer
SUBJECT:
Recommendation: Approve
SUMMARY
On July 18, 2006, the City Council awarded a contract to E.C. Construction in the
amount of $124,923.64 for the Santa Anita Canyon Road Erosion Repair Project. The
terms and conditions of this project have been complied with and the work has been
performed to staffs satisfaction for a total project cost of $124,323.64. Staff
recommends that the City Council accept all work performed by E.C. Construction as
complete and authorize the final payment to be made in accordance with the contract
documents, subject to a retention of $12,432.36.
DISCUSSION
The March and April rainstorms of 2006 damaged Santa Anita Canyon Road (A.K.A.
Chantry Flats Road) 1.0 mile north of Arno Drive within the City of Arcadia boundaries
(see attached location map). The Road experienced considerable erosion and the loss
of approximately 30 percent of its travel -way leaving only one lane open to traffic. A
new earth retaining wall including road repairs was warranted.
Page 1 of 2
Mayor and City Council
November 21, 2006
On July 18, 2006, the City Council awarded a contract in the amount of $124,923.64 to
E.C. Construction for the Santa Anita Canyon Road Erosion Repair Project and
appropriated $143,663 from the Emergency Fund, including an additional 15%
contingency for unforeseen conditions.
The terms and conditions of this contract have been complied with and the work has
been performed to staffs satisfaction.
Staff recommends that the City Council accept all work performed by E.C. Construction
as complete and authorize the final payment to be made in accordance with the contract
documents, subject to a retention of $12,432.36. This amount reflects the original
contract amount of $124,923.64 minus one (1) credit of $600.00 or 0.5% below the
original contract amount for a total contract amount of $124,323.64.
ENVIRONMENTAL ANALYSIS
This project is categorically exempt per Section 15302 (c) replacement from the
requirements of the California Environmental Quality Act.
FISCAL IMPACT
On June 21, 2005, City Council authorized an appropriation of $143,663 from the
Emergency Fund for the construction of this project. The remaining balance, $19,339
will be returned to the Emergency Fund.
RECOMMENDATION
1. Accept all work performed by E.C. Construction for the Santa Anita Canyon Road
Erosion Repair project as complete.
2. Authorize the final payment to be made in accordance with the contract
documents, subject to a retention of $12,432.36.
Approved by: 4 n—
William R. Kelly, City Manager
PM:LT:dw
Attachment
Page 2 of 2
tt
CITY OF ARCADIA
SANTA ANITA CANYON ROAD
EROSION REPAIR PROJECT
LOCATION MAP
LOCATION
roonwnw
a'
8
5
F
NORTH
Ca
1A'
U'
STAFF REPORT
Police Department
DATE: November 7, 2006
TO: Mayor and Members of the City Council
FROM: Robert P. Sanderson, Chief of Policeo
Prepared by: Nancy Chik, Management Analyst
SUBJECT: 1) Ordinance No.
2) Purchase of a
Recommendation:
SUMMARY
1) Introduce Ordinance No. 2220
2) Waive the informal bidding process and approve the
purchase of a self- service parking permit vending
machine from Pacific Parking Systems
Minor modifications must be made in the Uniform Traffic Ordinance (UTO) to reflect
current practices, department/division changes, revised fees, and verbiage changes.
Additionally, the Police Department recommends the establishment of a temporary all
night parking permit fee of $3.00 per night, and the purchase of a self -service parking
permit vending machine to dispense the permits. The new fee information and
guidelines pertaining to the parking permit vending machine must be updated in the
UTO.
The new temporary all night parking permit fee will be established. by a separate
resolution.
BACKGROUND AND DISCUSSION
Outdated information must be made to reflect current practices, department/division
changes, revised fees, and verbiage changes to the following sections of the UTO
"Section 2. Police Administration. There is hereby established in the
Police Department of this City a traffic division to be under the control of
the Chief of Police or his /her designee. P9 GfflG8F appointed by and
"Section 2. 1. Duty of Police Department T-Fa#+s Division. It shall be the
duty of the Police Department tfa#fls- division -with such aids as may be
rendered by other members of the Police Department to enforce the street
traffic regulations of this City and all of the State vehicle laws applicable to
street traffic in this City, to make arrests for traffic violations, to investigate
traffic accidents and to cooperate with the City Traffic Engineer and other
officers of the City in the administration of the traffic laws and in
developing ways and means to improve traffic conditions, and to carry out
those duties specially imposed upon said division by this ordinance and
the traffic ordinances of this City."
"Section 2.3. Traffic Accident Reports. The Police Department tfa€fis
dMsien shall maintain a suitable system of filing traffic accident reports.
Accident reports or cards referring to them shall be filed alphabetically by
location. Such reports shall be available for the use and information of the
City Traffic Engineer."
"Section 10.11. (sub - section b) Unlawful Parking —Peddlers, Vendors.
b. No person shall park or stand on any street any lunch wagon, eating
cart or vehicle, or pushcart from which ,
of food is are sold or offered for
sale .without first obtaining a written permit to do so from the City
Traffic Engineer which shall designate the speck location in which
such cart shall stand.
Section 11.21 must be revised to reflect the proposed changes in the establishment of a
temporary all night parking permit fee. Parking of vehicles on City streets between the
hours of 3:00 a.m. and 6:00 a.m. is prohibited except by temporary or annual parking
permit. The City has always offered free temporary all night street parking permits for
up to 15 days per calendar year. The requirement of an all night parking permit reduces
the number of vehicles parked overnight on the street. It is also a benefit in the police
law enforcement aspect by identifying vehicles that are not transient in the City.
However, the task of issuing parking permit places a heavy burden on the police staff.
The parking permits are processed by Records personnel at the front counter who must
first run a records check of the license plate number, then enter the number to issue a
new permit, enter effective dates and location into the database, and print out a
serialized permit on a half -sheet of letter -sized paper that the operator must post on
their window. In some cases involving recreational vehicles, trailers, or commercial
vehicles, the issuing personnel must contact the watch commander to . obtain
authorization for the permit.
Occasionally, the public may be required to leave and return with their license plate
number before a permit can be issued. In some cases, vehicle operators may have left
the vehicle for which they seek a permit at home, requiring them to drive home and
return again to the station to obtain the permit. A driver typically spends approximately
10 minutes in the entire process of obtaining a temporary parking permit. This is
inconvenient to the public and the process can be streamlined by the purchase of a self -
service parking permit vending machine.
Staff recommends purchasing the same type of self - service parking permit vending
machine that are currently being used by the Cities of Alhambra, Covina, Glendora, La
Verne, and San Dimas and to charge a comparable fee of $3.00 per night. The
implementation of fees for temporary parking permits will discourage parking on the
street unless absolutely necessary, and will encourage the public to try to make other
arrangements to park their vehicles off the street.
Pacific Parking Systems is the sole source vendor for the self- service parking permit
vending machines that meets the needs of the Police Department, and the cost of the
machine and installation is within the Department's projected Capital Improvement
Equipment Budget. All the aforementioned cities utilize the Pack Parking Systems'
self - service parking permit vending machines, and the company is also the only local
vendor offering this system and they have a proven record for maintaining and servicing
the system.
Under the City's Purchasing Guidelines, goods and services that are purchased for an
amount from $2,500 to $30,000 require informal competitive bids. Based upon the
above information, staff recommends that the City Council waive the bidding process
and approve the purchase of the self -service parking permit vending machine from
Pacific Parking Systems.
With the above recommended changes, the section pertaining to the temporary all night
street parking permit in the UTO will be modified to read as follows:
"Section 11.21. Temporary All Night Street, Public Parking Lot, and
City Owned Property Parking Permit. Parking of vehicles on city streets
between the hours of 3:00 a.m. and 6:00 a.m, is prohibited except by
temporary or annual parking permit. Temporary all night street parking
permits shall be purchased through a self -service parking permit vending
machine located at the Police Department for a $3.00 per night fee.
Temporary parking permits are subject to the following time periods and
conditions:
a. For passenger cars and commercial vehicles under six thousand
(6,000) pounds, no limit;
b. Permits are not valid for commercial vehicles over six thousand (6,000)
pounds;
c. Vending machine issued parking permits are not valid for recreational
vehicles or trailers;
d. Permits are not valid for recreational vehicles or trailers unless with
prior approval by the Chief of Police or his/her designee for no more
than three (3) consecutive days and not more than fifteen (15) days
per calendar year; a special permit will be issued at the Records
Section after completion of a temporary permit request form;
e. Permits are not valid unless the license number is written on the face
of the permit;
f. Permits are not valid unless displayed in the manner specified'by the
Chief of Police;
g. A temporary all night parking permit does not exempt holder from other
City Ordinances, Arcadia Municipal Code, or the California Vehicle
Code;
h. Permits may be denied or revoked at the discretion of the Chief of
Police or his /her designee."
FISCAL IMPACT
The purchase /installation of a self- service parking permit vending machine and all
necessary supplies were budgeted in the FY 2006 -2007 Capital Improvement
Equipment Budget for a total of $20,000. The new temporary all night parking permit
will generate between $60,000 to $80,000 in annual revenue.
RECOMMENDATION
1) Introduce Ordinance No. 2220 amending the City's Uniform Traffic Ordinance.
2) Waive the informal bidding process and approve the purchase of a self - service
parking permit vending machine from Pacific Parking Systems.
Approved:
William R. Kelly, Ci anager
ORDINANCE NO. 2220
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING THE CITY'S
UNIFORM TRAFFIC ORDINANCE
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
63903 mi�IWGIWGYAW
SECTION 1. Section 2 of the City's Uniform Traffic Ordinance is
hereby amended to read in its entirety as follows:
"Section 2. There is hereby established in the Police Department of
this City a traffic division to be under the control of the Chief of Police or his/her
designee."
SECTION 2. Section 2.1 of the City's Uniform Traffic Ordinance is
hereby amended to read in its entirety as follows:
"Section 2.1. Duty of Police Department. It shall be the duty of the
Police Department with such aids as may be rendered by other persons providing
assistance to the Police Department to enforce the street traffic regulations of this
City and all of the State vehicle laws applicable to street traffic in this City, to
make arrests for traffic violations, to investigate traffic accidents and to cooperate
with the City Traffic Engineer and other officers of the City in the administration
of the traffic laws and in developing ways and means to improve traffic conditions,
and to carry out those duties specially imposed upon said division by this
ordinance and the traffic ordinances of the City."
SECTION 3. Section 23 of the City's Uniform Traffic Ordinance is
hereby amended to read in its entirety as follows:
"Section 2.3. Traffic Accident Reports. The Police Department shall
maintain a suitable system of filing traffic accident reports. Accident reports or
cards referring to them shall be filed alphabetically by location. Such reports shall
be available for the use and information of the City Traffic Engineer."
SECTION 4. Section 10.11 sub - section b of the City's Uniform Traffic
Ordinance is hereby amended to read as follows:
"b. No person shall park or stand on any street any lunch wagon, eating cart
or vehicle, or pushcart from which food is sold or offered for sale without first
obtaining a written permit to do so from the City Traffic Engineer which shall
designate the specific location in which such cart shall stand."
SECTION 5. Section 3214.13 of the Arcadia Municipal Code is hereby
amended to read in its entirety as follows:
"3214.13 SECTION 1121 ADDED.
Section 11.21 of the Uniform Traffic Ordinance as adopted by Section 3211
is hereby amended in its entirety to read as follows:
- 1121. Temporary All Night Street Public Parking Lot, and City Owned
Prop=Ty Parking Permit. Parking of velucles on city streets between the hours of
3:00 a.m. and 6:00 a.rrL is prohibited except by temporary or annual parking
permit. Temporary all night street parking permits shall be purchased through a
self-service parking permit vending machine located at the Police Department for a
S3.00 per night fee. Temporary parking permits are subject to the following time
periods and conditions:
a. For passenger cars and commercial vehicles under six thousand (6,000)
pounds, no limit;
b. Permits are not valid for commercial vehicles over six thousand (6,000)
pounds;
C. Vending machine issued parking permits are not valid for recreational
vehicles or trailers;
d. Permits are not valid for recreational vehicles or trailers unless with prior
approval by the Chief of Police or his/her designee, and any such
approval shall be for not more than three (3) consecutive days and not
more than fifteen (15) days per calendar year; a special permit will be
issued at the Records Section after completion of a temporary permit
request form;
e. Permits are not valid unless the license number is written on the face of
the permit;
£ Permits are not valid unless displayed in the manner specified by the
Chief of Police;
g. A temporary all night parking permit does not exempt holder from other
City Ordinances, Arcadia Municipal Code, or the California Vehicle
Code;
h. Permits may be denied or revoked at the discretion of the Chief of Police
or his/her designee.'"
SECTION 6. The City Clerk shall certify the adoption of this Ordinance and
shall cause a copy of the same to be published in the official newspaper of the City
of pia within fifteen (15 days after its adoption.
Passed, approved and adopted this 21st day of November 1 2006.
Mayor of the City of Arcadia
ATTEST:
Ir
•.
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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 Ordinance No. 2220 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 21st day of November, 2006 and that said
Ordinance was adopted by the following vote, to wit:
AYES: Council Member Amundson, Harbicht, Segal, Wuo and Chandler
NOES: None
ABSENT: None
w, i
City Clerk of the City of Arcadia
5
A
a q
1
STAFF REPORT
OR p0RA2� 9
Development Services Department'
Date: November 21, 2006
To: Mayor and City Council
From: Don Penman, Assistant City Manager /Development Services Director
By: Martha Eros, Transportation Services Officer
Subject: Resolution No. 6541 adopting a Master Cooperative Agreement with the
Metro Gold Line Foothill Extension Construction Authority for planning,
engineering and construction of Phase II of the Metro Gold Line light rail
Recommendation: Adopt
SUMMARY
The City of Arcadia has participated in planning and engineering efforts with the Metro Gold
Line Foothill Extension Construction Authority (Authority) and the eleven Phase II cities
located on the existing rail right -of -way. The Arcadia City Council has adopted resolutions
approving an Alternative Analysis Report, Project Definition Report, Joint Power Authority
Agreement, and a Draft Environmental Impact Statement/Report to move forward with
preliminary engineering efforts of the light rail line.
The Authority is requesting that each Phase II city located on the Foothill Extension light rail
corridor adopt a Master Cooperative Agreement (MCA) that defines the process,
procedures and responsibilities involved with the planning, design and construction of the
light rail extension project. The eleven Phase II cities have been divided into two segments
in order to manage the large scope of the project and the phased allocation of funds. The
Segment 1 cities of Arcadia, Monrovia, Duarte, Irwindale, and Azusa will adopt the MCA in
FY2007 in order to progress with design efforts and advance into the preliminary
engineering phase; the Segment 2 cities of Glendora, San Dimas, La Verne, Pomona,
Claremont, and Montclair will take action on the MCA within the next two years.
BACKGROUND
The California State Legislature created the Pasadena Blue Line Construction Authority in
1998 to manage the design and construction of the Metro Gold Line light rail system from
downtown Los Angeles to the City of Claremont. The project was divided into two phases
based on legislative and financial commitments. Phase I currently operates from Union
Station in downtown Los Angeles to the Sierra Madre Villa Ave station in Pasadena, and
Phase II will connect Pasadena to the City of Montclair on the existing Burlington Northern
Santa Fe rail right -of -way. In November 2001, the Blue Line Construction Authority was
renamed the Metro Gold Line Foothill Extension Construction Authority to distinguish the
line from the Metro Blue Line corridor. The Los Angeles County Metropolitan
Transportation Authority (LACMTA) currently operates and maintains Phase I of the Metro
Gold Line and will be responsible for Phase II operating services.
During the past year, City staff has been actively involved in review sessions with the
Authority and other Phase II representatives to address legal language and conditions that
impact and /or benefit the communities located on the rail right -of -way. The MCA follows
the template used by the cities of Los Angeles, South Pasadena and Pasadena for the
Design -Build of Phase I, but has been edited and adapted to meet the demands of Phase II
construction.
DISCUSSION
The Master Cooperative Agreement defines the project scope, roles and responsibilities of
the Authority and each Phase II city involved with the Metro Gold Line extension. The goal
and intent of the MCA is to establish a cooperative and coordinated effort in executing all
engineering, construction and financial objectives involved with the construction of the rail
line.
Article 1 of the MCA provides the project scope and definitions of agencies, facilities, and
engineering and construction processes used throughout the project life, while Article 2
addresses the coordination efforts and strategy used to review technical documents.
Article 2 outlines the Authority's responsibilities specific to advanced conceptual
engineering, final environmental impact report, preliminary engineering, procurement of a
Design -Build contract, preparation of final designs, and construction management. The
Authority will provide design /engineering /construction plans and "As- Built" drawings for
review and will coordinate joint "Design Review" meetings with city staff. The City will have
30 days to respond, in writing, to issues and actions impacting the city resulting from design
modification and construction activity.
Articles 3 and 4 address the Authority's joint responsibility for work conducted on the City's
right -of -way, facilities, or private property located in the city's jurisdiction, including staging
and traffic management, encroachments, street closures, night work, permit and license
requirements, and audits and inspections. City permits will be required for permanent or
temporary construction work, including traffic control. The City will waive permit fees
requested by Metro Gold Line contractors, but will receive reimbursement for permit
processing costs by the Authority via an annual Work Authorization agreement negotiated
between the City and the Authority.
Article 5 provides guidance in the event of any disputes, controversy or claims between the
City and the Authority specific to the Metro Gold Line project. A good faith effort for
negotiating a resolution will be pursued to resolve conflicts, and three - member panel
selected from the MGL Technical Advisory Committee will be appointed to review disputes
on a confidential case -by -case basis. Disputes that cannot be resolved through direct
negotiation will be referred to an independent, neutral arbitrator appointed from a list
selected by the City, Authority or Los Angeles County Superior Court. Arbitration shall
conform and follow all applicable laws and the decision will be held as binding.
A "Betterment' refers to an upgraded or enhanced feature requested by a City that is
beyond the required, mandatory scope of design and construction. A City can request
2
Betterments for structural or aesthetic elements in their project area, but will be responsible
for cost differential of the enhancement, for example, the overhead grade separation at
Santa Anita Avenue. The Authority will provide the Betterment as long as the design,
safety and implementation does not delay or interfere with the project.
Articles 7 and 8 address indemnification, maintenance, warranties and miscellaneous
provisions that are not detailed in Articles 1 through 6. The Authority agrees to indemnify,
defend and hold harmless the City, its officials and employees against any and all liability
and expenses connected to the Metro Gold Line project, and will provide insurance for all
aspects of the project.
A copy of the entire Master Cooperative Agreement is available in the Development
Services Department, Transportation Services office, for review.
ENVIRONMENTAL IMPACT
The Final Environmental Impact Report/Study (EIR/S) was completed in August 2005 and
is currently under review by the FTA. A formal Record of Decision will be issued when the
FTA approves the project.
FISCAL IMPACT
The Arcadia City Council has reserved $5 million in local Proposition A & C funds and the
residents of Arcadia passed an $8 million bond measure in April 2006 to finance the cost
difference to separate the at -grade alignment and construct a bridge over Santa Anita
Avenue between Colorado Boulevard and Santa Clara Street.
The $8 million bond does not have a sunset period and the authority to sell bonds can be
retained indefinitely. Once sold, the proceeds of the bonds must be spent within three
years in order to avoid arbitrage penalty fees. If any excess amount is earned after the
three -year arbitrage period, the City may incur penalties.
Each Phase II city is required to commit $1 million in local match funds for the construction
of the Metro Gold Line project. Work performed by city staff and all technical studies
specific to planning, engineering and construction of the rail line can be credited toward the
$1 million match.
RECOMMENDATION
Adopt Resolution No. 6541 adopting a Master Cooperative Agreement with the Metro
Gold Line Foothill Extension Construction Authority for planning, engineering and
construction of Phase II of the Metro Gold Line light rail line.
Approved by: De Per...vn
William R. Kelly, City anager
Attachments:
1. Resolution No. 6541, Metro Gold Line Extension Master Cooperative Agreement
2. Master Cooperative Agreement, dated 10/23/2006, available upon request
3
RESOLUTION NO. 6541
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, ADOPTING A MASTER COOPERATIVE
AGREEMENT WITH THE METRO GOLD LINE FOOTHILL
EXTENSION CONSTRUCTION AUTHORITY FOR PLAN'K'ING,
ENGINEERING AND CONSTRUCTION OF PHASE H OF THE
METRO GOLD LINE LIGHT RAIL.
WHEREAS, the Blue Line Construction Authority was formed in 1948 in accordance
with Public Utilities Code Section 132400, et seq. for the purpose of plaamng, designing and
constructing the Los Angeles - Pasadena Metro Blue Line light rail project extending from Union
Station in the City of Los Angeles to the City of Claremont; and
WHEREAS, the Metro Gold Line Foothill Extension Construction Authority intends to
seek legislative authorization to extend Phase II to the City of Montclair, and
WHEREAS, the Los Angeles- Pasadena Metro Blue Line was renamed the Metro Gold
Line by the Los Angeles County Metropolitan Transportation Authority (LACMTA) in
November 2001; and
WHEREAS, as a result of the name change, the Metro Gold Line is governed and
administered by the Metro Gold Line Foothill Extension Construction Authority (Authority); and
WHEREAS, the Authority has all of the powers necessary for pLxnning, acquiring,
owning. controlling, using, jointly using, disposing of, designing, procmir_ and building the
Metro Gold Line light rail project; and
1
WHEREAS, the Metro Gold Line is divided into Phase I from Lman Station in Los
Angeles to Sierra Madre Villa Avenue in east Pasadena, and Phase H erg 24 miles east on
the existing rail right -of -way to the City of Claremont; and
WHEREAS, the cities of Arcadia, Monrovia, Duarte, Irwindale. Aria Glendora, San
Dimas, La Verne, Pomona, Claremont, Montclair and Pasadena (collectively known as Phase I])
in concert with the San Gabriel Valley Council of Governments, the San Bernardino Associated
Governments and the Authority have been engaged in preliminary planning and design for Phase
II construction between the cities of Pasadena and Montclair; and
WHEREAS, Phase II of the Metro Gold Line will be constructed in two segments,
Segment 1 from Pasadena to Azusa and Segment 2 from Azusa to Montclair, and
WHEREAS, the City of Arcadia is a municipal government created pursuant to the
California State Constitution for man public purposes including, but not limited to, the design,
construction and operation of public transportation facilities in the City; and
WHEREAS, the City of Arcadia has authority to be involved with activities that affect or
impact the public right -of -way, private property, the general public, and business with its
jurisdiction; and
WHEREAS. the Authority, in designing and constructing the !moo Gold Line, has
adopted the same design -build method of project delivery as Phase I coa-�+ instead of the
desist bid build methodology used by LACMTA on previous regional =- its; and
2
I
Whereas, there will be changes required in the design -build approach throughout the
planning. engineering, design and construction of the light rail; and
WHEREAS, it is intended that the City of Arcadia and the Authority will work together
with regard to any required modifications to existing or proposed agreements with the LACMTA
relating to the Metro Gold Line; and
WHEREAS, the City of Arcadia and the Authority desire to work jointly and
cooperatively to ensure that design and construction activities are undertaker[ and completed in
ways that meet the objectives and goal of all parties; and
WHEREAS, the Authority, to the extent allowed by law, has the responsibility to
construct and deliver an operational light rail facility, complete and acceptable to the City of
Arcadia and the LACMTA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves that certain Master Cooperative
Agreement (MCA, by and between the Metro Gold Line Foothill Extension Construction
Authority and the City of Arcadia), and authorizes and directs the and/or the City
Mana to execute on behalf of the City (a) the MCA, together with such i---ttbstantial changes
themo as may be approved by the signator on behalf of the City and by n-c City Attorney, and
(b) an. and all other documents necessary and appropriate in order to eff=z= the MCA..
't]
SECTION 2. The City Clerk shall certify to the adoption of this Resolmion.
Passed, approved and adopted this 21st day of November 2006_
Mayor of the City of Arcadia
ATTEST:
.e s
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
Qq4o )ate
City Attorney of the City of Arcadia
0
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARC.ADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6541 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 21st day of November, 2006 and that said
Resolution was adopted by the following vote to wit:
AYES: Council Member Amundson, Harbicht, Segal, Wuo and Chandler
NOES: None
ABSENT: None
e �
City Clerk of the Ciry of Arcadia
5
r
Mai �
°'m°°,tY°fN° STAFF REPORT
Public Works Services Department
DATE: November 21, 2006
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Dire or
Prepared by: Tom Tait, Deputy Public Works ery ces Director
SUBJECT:
RECOMMENDATION: ADOPT
SUMMARY
The purpose of the Integrated Regional Water Management Plan (IRWMP) is to define
a clear vision and direction for the sustainable management of water resources in the
Greater Los Angeles County Region for the next twenty years, present the basic
information regarding possible solutions and the costs and benefits of those solutions,
and to inspire the Region and potential funding partners outside the Region that these
solutions make sense, are good for the community, and are economically feasible.
Proposition 50, the Water Security, Clean Drinking Water, Coastal and Beach
Protection Act of 2002, was passed by California voters in November 2002. It amended
the California Water Code (CWC) authorizing the Legislature to appropriate $500 million
for Integrated Regional Water Management (IRWM) projects. Approximately $380
million is anticipated to be available for IRWM grants during two funding cycles. The
Plan defines a comprehensive vision for the region, which will generate local funding,
position the region for future state bonds, and create opportunities for federal funding.
To assure that the Plan reflected local needs and to promote the formation of
partnerships, and encourage coordination with state and federal agencies, an extensive
stakeholder outreach process was crucial to the development of the Plan.
Page 1 of 4
Mayor and City Council
November 21, 2006
It is recommended that the City Council adopt Resolution No. 6542, authorizing.the City
of Arcadia to participate in the IRWMP M.O.U. for water resources planning activities
relating to Proposition 50 grant funding and implementation.
DISCUSSION
The Greater Los Angeles County regions are collaborating to develop an Integrated
Regional Water Management Plan ( IRWMP) that focuses on water resource
management while creating a platform for future funding.
The purpose of the IRWMP is to define a clear vision and direction for the sustainable
management of water resources in the Greater Los Angeles County regions for the next
twenty years, present the basic information regarding possible solutions and the costs
and benefits of those solutions, and to inspire the Regions and potential funding
partners outside this Region that these solutions make sense, are good for the
community, and are economically feasible. The IRWMP is an outgrowth of ongoing
efforts to develop plans, projects, and programs at regional scales and utilize an and
integrated approach to water and other resource management issues and
acknowledges that for the Region to meet its future needs, water supply planning must
be integrated with other water resource flood protection, and other environmental needs
including habitat and open space conservation and the expansion of sufficient park
space.
The Plan was developed through stakeholder workshops that helped to articulate how
water management strategies can be integrated into regional project concepts and
prioritization of which Region projects concepts are most appropriate for individual Sub-
regions, in response to characteristics of each Sub - region.
The following is a list of regional projects that will benefit the City of Arcadia:
o Arcadia Wilderness Park Nature Center Refurbishment (Price to be determined)
Consists of structural and aesthetic improvements and expansion of nature displays
and exhibits. Improvements include ADA upgrades, replacement of the roof, support
beams, exterior wood surfaces, interiorlexterior painting, addition of air conditioning
and expansion of exhibit displays.
o Santa Anita Dam and Debris Basin Seismic Rehabilitations ($50 million)
Encompasses County of Los Angeles Dept. of Public Works upgrade of both dams,
Santa Anita Dam & Debris Dam, in conjunction with the East Raymond Basin Water
Resource Programs project. Allow storage of storm water behind both dams for
groundwater replenishment in the Eastern unit of Raymond Basin. 25% of the City's
water supply.
Page 2 of 4
Mayor and City Council
November 21, 2006
o Sub - Regional Solutions Trash Removal Device at Peck Water Conservation Park
($2.5 million)
Development of a sub - regional trash capture facility for the RIO HONDO sub
watershed in compliance with the LAIR Trash TMDL. Project will accomplish 50% of
the City's trash diversion requirement for NPDES mandates.
Raymond Basin Feeder — Extend Water Pipeline for Groundwater Replenishment
($20 million)
Extension of the SGVMWD pipeline into Raymond Basin to provide replenishment
water to increase groundwater recharge and reduce impacts of a declining water
table in the basin. Will provide additional water to the Santa Anita & Sierra Madre
Spreading Grounds. Raymond Basin provides 40 % of the City's water supply.
Therefore, it is important that the City become a signatory to the MOU in order to
promote integrated efforts by local agencies to manage resources and recognize that
water and watershed resources are interconnected and can benefit on a regional basis.
Following public review of the Draft IRWMP, public comments on the document will be
considered and the Plan will be finalized and submitted for adoption by January 1, 2007.
Staff recommends that the City Council adopt Resolution No. 6542, authorizing the City
of Arcadia to participate in the IRWMP M.O.U. for water resources planning activities
relating to Proposition 50 grant funding and implementation.
ENVIRONMENTAL IMPACT
Authorizing the City of Arcadia to participate in the IRWMP M.O.U. for water resources
planning activities relating to Proposition 50 grant funding & implementation is exempt
from the requirements of the California Environmental Quality Act as specified in Title
14, Section 15273 of the California Administrative Code.
FISCAL IMPACT
There is no immediate fiscal impact on the City of Arcadia, however, participation in this
M.O.U. may position the City for future grant funding for our specific water projects.
Page 3 of 4
Mayor and City Council
November 21, 2006
RECOMMENDATION
Adopt Resolution No. 6542, authorizing the City of Arcadia to participate in the
IRWMP M.O.U. for water resources planning activities relating to Proposition 50
grant funding and implementation.
Approved:
TT:dw
Attachment: IRWMP M.O.U.
Resolution No. 6542
William R. Kelly, City Manager
Page 4 of 4
MEMORANDUM OF UNDERSTANDING
X017
COORDINATION OF WATER RESOURCES PLANNING RELATING TO
PROPOSITION 50 GRANT FUNDING AND IMPLEMENTATION
This Memorandum of Understanding (MOU) is entered into as of
November Z, 2006, by and among the Los Angeles County Flood Control District,
Las Virgenes Municipal Water District, West Basin Municipal Water District, City of
Los Angeles Department of Water and Power, Main San Gabriel Watermaster,
Watershed Conservation Authority, San Gabriel Basin Water Quality Authority, County
Sanitation Districts of Los Angeles County, Gateway Cities Council of Governments,
Santa Monica Bay Restoration Commission, and City of Los Angeles Bureau of
Sanitation, and any other local public agencies, non - profit groups, and Public Utility
Commission regulated entities within the Los Angeles County Region that become
signatories as provided herein for the purpose of coordinating water resources planning
activities relating to Proposition 50 grant funding and implementation. Signatories to
this MOU shall hereinafter be referred to individually as Party or collectively as Parties.
RECITALS
WHEREAS, it is in the interests of the Parties, and the region served by the
Parties, that the water resources the Parties share in common are responsibly
managed, protected, and conserved to the extent feasible; and,
WHEREAS, the Parties desire to prepare an Integrated Regional Water
Management Plan (hereinafter referred to as IRWMP) for the Greater Los Angeles
County Region in accordance with the Integrated Regional Water Management
Planning Act of 2002, Division 6, Part 2.2 of the California Water Code, and
Proposition 50, Division 26.5, Chapter 8 of the California Water Code;
NOW, THEREFORE, it is mutually understood and agreed as follows:
SECTION 1: PURPOSES AND GOALS
1.1 Purposes and Goals:
The Parties desire to coordinate and share information concerning water
resources management planning programs and projects and other information for
Proposition 50 grant funding and implementation, and to improve and maintain
overall communication among the Parties. It is anticipated that coordination and
information sharing among the Parties will assist the agencies in achieving their
respective missions in a cost - effective and environmentally responsive manner
and contribute to the overall well being of the region.
1/3
SECTION 2: JOINT AGENCY PLANNING FOR PROJECTS AND PROGRAMS
2.1 Projects and Programs:
It is the intent of the Parties that they coordinate and collaborate to develop and
implement projects and programs individually or jointly in groups. Applicable
projects and programs include, but are not limited to, the following:
2.1.1 An IRWMP for the Greater Los Angeles County Region.
2.1.2 Solicitation of external funding for implementation of the IRWMP for the
Greater Los Angeles County Region.
2.2 Formation of Regional Water Management Group and Adoption of the IRWMP:
The execution of this MOU by the Parties shall constitute the formation of a
Regional Water Management Group, consisting of the Parties, to prepare and
adopt an IRWMP for the greater Los Angeles County Region in accordance with
the Integrated Regional Water Management Planning Act of 2002 and
Section 10541 of the California Water Code for granting activities related to
Proposition 50.
SECTION 3: GENERAL PROVISIONS
3.1 Term: This MOU shall become effective on the date first above written and shall
expire on December 31, 2010 or upon its replacement by the adoption of a
subsequent MOU, Agreement, or Joint Powers Authority Agreement, or unless
earlier terminated by mutual written agreement of all Parties. Any Party may
terminate its participation in this MOU upon 60 days' written notice to the
remaining Parties.
3.2 Addition of Parties: Other local public agencies (as defined in Section 10533 of
the California Water Code), non - profit groups, and Public Utility Commission
regulated entities within the Los Angeles County Region may adopt this MOU
and, thereby, become a member of the Parties.
3.3 Construction of Terms: This MOU is for the sole benefit of the Parties and
shall not be construed as granting rights to any person other than the Parties or
imposing obligations on a Party to any person other than another Party.
3.4 Good Faith: Each Party shall use its best efforts and work wholeheartedly and
in good faith for the expeditious completion of the objectives of this MOU and the
satisfactory performance of its terms.
3.5 Governing Law: This MOU is made under and shall be governed by the laws of
the State of California.
3.6 Rights of the Parties and Constituencies: This MOU does not contemplate
the Parties taking any action that would:
213
3.6.1 Adversely affect the rights of any of the Parties; or,
3.6.2 Adversely affect the customers or constituencies of any of the Parties.
3.7 Execution: This MOU may be executed in counterparts and the signed
counterparts shall constitute a single instrument. The signatories to this MOU
represent that they have the authority to bind their respective Party to this MOU.
IN WITNESS WHEREOF, the PARTIES have executed this Memorandum of
Understanding as of the dates opposite their respective signatures.
City of Arcadia
Y
William R. Kelly, City Manager
APPROVED AS TO FORM:
Date: U 2006
:�� P 46t-
Stephen P. Deitsch
City Attorney
Date: 71 '� c7 9 2006
3/3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARC_3DLa, CALIFORNIA, APPROVING A MEMORANDUM
OF UNDERSTANDING TO ESTABLISH A REGIONAL
WATER MANAGEMENT GROUP
WHEREAS, it is in the interests of the City of Arcadia and other interested
parties to form a Regional Water Management Group ( "GROUP ") and to prepare
an Integrated Regional Water Management Plan ( "IRWMP ") for the Greater Los
Angeles County Region in accordance with the Integrated Regional Water
Management Planning Act of 2002, Division 6, Part 2.2 of the California Water
Code, and Proposition 50, Division 26.5, Chapter 8 of the California Water Code;
m
WHEREAS, the GROUP wish to coordinate their long -term water resources
management planning efforts to prepare the IRWMP, which will address water
supply and water quality needs and objectives by integrating strategies and projects
that may include water conservation and recycling, desalination, conjunctive use,
flood management, stormwater and urban runoff quality, wastewater quality,
habitat restoration and protection, wetlands enhancement and creation, recreation,
open space, and other a resources management initiatives undertaken by exb
member of the GROUP.
0
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNLA DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves, and authorizes and
directs the City Manager, or his/her designee, to execute that certain
Memorandum Of Understanding ( "MOU ") to form the GROUP and conduct
business in accordance with the MOU, including but not limited to, adopting the
IRWMP, as specified in the Integrated Regional Water Management Planning Act
of 2002, Division 6, Part 2.2 of the California Water Code, and Proposition 50,
Division 26.5, Chapter 8 of the California Water Code.
SECTION 2. The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this
') 7..♦
day of November
, 2006.
1 ROGER CHAND
Mayor of the City of Arcadia
ATTEST:
1 ,• • , ,
City Clerk
.kPPROV AS TO FORA:
� c P P�a
Cin Attonev
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. 6542 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 21st day of November, 2006 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Harbicht, Segal, Wuo and Chandler
NOES: None
ABSENT: None
City Clerk of the City of Arcadia
3
Q ,c
STAFF REPORT
Office of the City Clerk
DATE: November 21, 2007
TO: Honorable Mayor and Members of the City Council
FROM: William R. Kelly, City Manager �� p T
Stephen P. Deitsch, City Attorney d
Prepared by Lisa Mussenden, Interim Chief Deputy City Clerk
SUBJECT: CERTIFYING THE SUFFICIENCY OF THE FOLLOWING INITIATIVE
PETITION: AND
Ballot Title: An Initiative Measure to Amend the General Plan and Zoning
Regulations Relating to Permitted and Prohibited Uses within the Central
Business District Zone
Recommendation: Approve the certification regarding the sufficiency of
the initiative petition and adopt Resolutions Calling for a Special Election
SUMMARY:
As verified by the Los Angeles County Registrar /Recorder County Clerk, the City Clerk (see
Exhibit "A ") certifies that at least fifteen percent (15 %) of Arcadia's total registered voters have
signed the initiative petition listed below. The petition was required to have at least 3,918
separate and verifiable voter signatures. The City Council may either adopt the proposed
ordinance as outlined in the initiative petition or call for a special municipal election and put the
matter before the voters.
Voter - Qualified Petition:
Ballot Title: An Initiative Measure to Amend the General Plan and Zoning Regulations
Relating to Permitted and Prohibited Uses within the Central Business
District Zone (see Exhibit "B ")
Page 1 of 3
IMPARTIAL ANALYSIS
BACKGROUND:
The City Clerk's office submitted the petition to the Los Angeles County Registrar Recorder/
County Clerk for signature verification. The County has determined that the initiative petition
has enough signatures to qualify for placement on the ballot. State Elections Code Section 9212,
attached hereto as Exhibit "C ", provides that the legislative body may refer a proposed initiative
measure to any city agency or agencies for a report regarding impacts of the initiative on the
community. That report is attached hereto as Exhibit "D ".
At this point, the City Council can elect to pursue one of the following courses of action:
1. Adopt the initiative, as proposed, as a formal Ordinance of the City of Arcadia;
2. Immediately order a special election or a consolidated election with the Arcadia
School District, at which time the proposed initiative, shall be submitted to a vote
of the people.
RECOMMENDATION:
The City Council may choose one (1) of the following three (3) options regarding the initiative:
A. Adopt the initiative tonight, as proposed, as a formal ordinance of the City.
B. Adopt the attached four (4) resolutions calling for a special election; setting priorities for
filing written arguments and directing the City Attorney to prepare an impartial analysis;
requesting the Registrar /Recorder to render specified services to the City to conduct the
special election; and ordering the canvas of the special election. (City Special Election)
C. Adopt the attached three (3) resolutions calling for the election on April 17, 2006;
consolidating with the Arcadia Unified School District general election to be held on April
17, 2007; and setting priorities for filing written arguments and directing the City Attorney
to prepare an impartial analysis. (Consolidated Election with the School District)
In addition, the City Council should approve the City Clerk's certification of sufficiency for an
Initiative Measure to Amend the General Plan and Zoning Regulations Relating to Permitted
and Prohibited Uses within the Central Business District Zone.
Should the City Council wish to place the measure before the voters pursuant to options B or C
above, the following specific resolutions require adoption:
CITY SPECIAL ELECTION (OPTION B)
Resolution No. 6545 calling and giving notice of the holding of a special
municipal election on , 2007, for the submission to the voters of a
proposed ordinance relating to permitted and prohibited uses in the Central
Business District Zone.
Resolution No. 6546 requesting the Board of Supervisors of the County of Los
Angeles to permit the Registrar /Recorder of said County to render specified
services to the City relating to the conduct of a special municipal election to be
held in said City on 2007.
Page 2 of 3
Resolution No. 6547 setting priorities for fling written arguments regarding City
Measure _ and directing the City Attorney to prepare an impartial analysis for
the measure.
• Resolution No. 6548 ordering the canvass of the special municipal election to be
held on 2007, to be made by the City Clerk of the City of
Arcadia.
[ *]A
CONSOLIDATED SPECIAL ELECTION WITH THE ARCADIA UNIFIED SCHOOL DISTRICT
(OPTION C)
• Resolution No. 6545 calling and giving notice of the holding of a special
municipal election on April 17, 2007, for the submission to the voters of a
proposed ordinance relating to permitted and prohibited uses in the
Central Business District Zone.
• Resolution No. 6546 requesting the Board of Supervisors of the County of
Los Angeles to consolidate a special municipal election to be held on
April 17, 2007, with the Arcadia Unified School District General Election to
be held on that date pursuant to Section 10403 of the Elections Code.
• Resolution No. 6547 setting priorities for filing written arguments
regarding City Measure _ and directing the City Attorney to prepare an
impartial analysis for the measure.
V.. c: Don Penman, Assistant City Manager /Development Services Director
Attachments
Page 3 of 3
COUNTY OF LOS ANGELES
REGISTRAR- RECORDER/COUNTY CLERK
12400 IMPERIAL HWY. — P.O. BOX 1024, NORWALK, CALIFORNIA 90651 -1024
COMY B. McCORMACK -
MGIS RAR- RECOROEWCOVNTYaL RECEIVED
August 22, 2006 AUG 2 8 2006
CITY OF ARCADIA
CITY CLERK
Ms. Vida Tolman,
Chief Deputy City Clerk/Records Manager
City of Arcadia
240 West Huntington Drive
Arcadia, California 91007
Dear Ms. Tolman:
We have completed the signature verification for the Initiative Measure to Amend the
General Plan and Zoning Code Relating to Permitted and Prohibited Uses Within
the Central Business District Zone, which was submitted on July 14, 2006.
Number of signatures filed 4,818
Number of signatures verified - -- 4,731
Number of signatures found sufficient 3,918
Number of signatures found not sufficient 813
Not sufficient because duplicate 210
Please call Raymond Oliande, Head of the Data Entry and Signature Verification
Section at (562) 462 -2376 if you have any questions regarding the signature
verification of this petition.
Sincerely,
CONNY . McCORMACK D&I
Registrar- Recorder /County Clerk
Enclosures
EXHIBIT" "e.
6:E W: W11:6iG:Venfiellon : cXy IN Ams016
LAW OFFICES OF
BEST BEST & KRIEGER
LLP
February 13, 2006
MEMORANDUM
To: VIDA TOLMAN, DEPUTY CITY CLERK
FROM: STEPHEN P. DEITSCH, CITY ATTORNEY
RE: BALLOT TITLE AND SUMMARY FOR PROPOSED INITIATIVE
SUBMITTED BY PROPONENT CARLA NICHOLS RE CENTRAL
BUSINESS DISTRICT ( "CBD ")
Pursuant to California Elections Code Section 92031(a), I have prepared the
following ballot title and.summary for the initiative petition that has been filed with the City.
The City Clerk has deemed complete the Request for Ballot Title and Summary as of January 27,
2006. The ballot title and summary are as follows.
BALLOT TITLE
An Initiative Measure to Amend the General Plan and Zoning Code Relating to Permitted and
Prohibited Uses Within the Central Business District Zone
BALLOT SUMMARY
This initiative measure would amend the City of Arcadia General Plan to allow the City's
Zoning Code to be amended to restrict automobile sales from occurring in certain areas and to
deem "permitted" as of right certain existing land uses that may not otherwise be permitted or
may only be permitted pursuant to a conditional use permit.
The initiative measure would also amend certain provisions of the Arcadia Zoning Code
concerning the Central Business District ( "CBD "). Currently, automobile sales are permitted in
the CBD where at least 50 % of the number of automobiles sold or leased are new automobiles.
The proposed initiative measure would prohibit automobile sales, storage or repair services on
the city block bounded by Santa Anita Avenue, Morlan Place and Huntington Drive. Any such
uses on that block prior to the initiative measure would be considered an illegal non - conforming
use and must be removed within two (2) years.
Currently, the Zoning Ordinance lists other permitted and conditionally permitted uses
within the CBD. Among others, delicatessen shops are currently a permitted retail use if they are
under 10,000 square feet (subject to additional restrictions). The current Zoning Code also
otherwise permits restaurants, eating establishments, coffee houses, juice bars, delicatessens and
similar uses in the CBD subject to issuance of a conditional use permit, after a public hearing.
Automobile parking lots and garages are generally permitted in the CBD if they do not front on
RV PLBIS DEITSCH\708104.1
MINI
LAW OFFICES OF
BEST BEST & KRIEGER
LLP
Huntington Drive, and also under certain limited circumstances if they front on Huntington
Drive. Public storage facilities and membership clubs or associations are not currently listed in
the Zoning Code as permitted or conditionally permitted uses in the CBD.
The proposed initiative measure would amend the Zoning Code to permit as of right the
following uses on the city block bounded by Santa Anita Avenue, Morlan Place and Huntington
Drive if such uses existed prior to January 1, 2006: (1) any restaurant, eating establishment,
coffee house, juice bar, delicatessen or similar use; (2) any public storage facility; (3) any
membership club or association; and (4) vehicular parking and vehicular access.
cc: William R. Kelly
Don Penman
-2-
RV PLB�S DFITSCM708104.1
CALIFORNIA ELECTIONS CODE SECTION 9212.
(a) During the circulation of the petition, or before taking either action described in subdivisions
(a) and (b) of Section 9214, or Section 9215, the legislative body may refer the proposed
initiative measure to any city agency or agencies for a report on any or all of the following:
(1) Its fiscal impact.
(2) Its effect on the internal consistency of the city's general and specific plans, including the
housing element, the consistency between planning and zoning, and the limitations on city
actions under Section 65008 of the Government Code and Chapters 4.2 (commencing with
Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the
Government Code.
(3) Its effect on the use of land, the impact on the availability and location of housing, and the
ability of the city to meet its regional housing needs.
(4) Its impact on funding for infrastructure of all types, including, but not limited to,
transportation, schools, parks, and open space. The report may also discuss whether
measure would be likely to result in increased infrastructure costs or savings, including the costs
of infrastructure maintenance, to current residents and businesses.
(5) Its impact on the community's ability to attract and retain business and employment.
(6) Its impact on the uses of vacant parcels of land.
(7) Its impact on agricultural lands, open space, traffic congestion, existing business districts,
and developed areas designated for revitalization.
(8) Any other matters the legislative body requests to be in the report.
(b) The report shall be presented to the legislative body within the time prescribed by the
legislative body, but no later than 30 days after the elections official certifies to the legislative
body the sufficiency of the petition.
EXHUT «c"
AGENCY REPORT PURSUANT TO ELECTIONS CODE 9212
An initiative measure has been filed with the City to amend the General Plan and
Zoning Code relating to permitted and prohibited uses within a portion of the
Central Business District (CBD) zone of the City. The area to which the initiative
would apply is the block bounded by Santa Anita Avenue, Morlan Place and
Huntington Drive. Specifically, the measure proposes the following:
• Prohibits the establishment or maintenance of automobile sales,
automobile storage or automobile repair services on the block bounded
by Santa Anita Avenue, Morlan Place and Huntington Drive;
• Provides that any automobile sales, storage or repair businesses on the
block bounded by Santa Anita, Morlan Place and Huntington. Drive shall
be considered illegal non - conforming uses and shall be removed or
abated as provided by Sections 9400 to 9407.3 of the Code within two (2)
years;
• Adds new permitted uses to the CDB section of the Code for this area to
include any restaurant, eating establishment, coffee houses, juice bar,
delicatessen or similar uses, any public storage facility, any membership
club and vehicular parking and vehicular access, that existed on the block
prior to January 1, 2006.
The City Council directed staff to prepare a report pursuant to Elections Code
9212, which is designed to address various impacts of the initiative measure.
Currently automobile sales where at least 50% of the number of autos sold or
leased are new is allowed within the CBD zone with a conditional use permit
(CUP). This provision was added to the CBD by Text Amendment to the Code in
January 2004. There was no opposition to the amendment. The initiative would
prohibit automobile sales, automobile storage or automobile repair services in
that area of the CBD described above and would require any that existed would
be abated within two (2) years from the day after the initiative election, should it
pass. The initiative would also make certain existing uses "permitted ". These
include restaurants, eating establishments, coffee houses, juice bars,
delicatessen or similar uses, public storage facilities, membership clubs or
associations and vehicular parking and vehicular access, which existed prior to
January 1. 2006 Some of these uses are already permitted with a conditional
use permit (CUP). As a practical matter, these uses would be able to continue to
operate in this area without this language in the initiative because they are
existing uses that would be considered either legal non - conforming or uses that
are permitted subject to a CUP, so the intent of this provision is not entirely clear.
As noted, the initiative provides for abatement of any automobile sales, storage
or repair services within two, (2) years of passage of the measure. It states that
the abatement procedure shall follow the standards in the Code• pertaining to
Property Maintenance and Nuisance Abatement — 9400 to 9407.3 of the Code. It
EXHIBIT "D°'
specifically provides that the procedures in the Code (Sections 9245 and 9246)
for abatement of non - conforming uses and building would not apply. It is unclear
as to why the proponents made this distinction other than the amortization
periods under Section 9246 for buildings are longer than the two (2) years
provided for in the initiative.
The most significant effect and primary purpose of the initiative would be to
prohibit the expansion of the Rusnak Mercedes dealership across Morlan Place.
This expansion of the Mercedes dealership across Morlan Place was
contemplated in an agreement between Rusnak and the Redevelopment
Agency, which was approved in January 2005. Whether an expansion of the
dealership can occur without crossing Morlan Place that meets the needs of the
dealership is questionable and the financial feasibility of such has not been
analyzed by staff. Additionally, Rusnak has indicated that a restricted expansion
may not accommodate their needs or the requirements from Mercedes Benz
Corporate offices for Mercedes dealerships. The impact of this limitation from
expanding across Morlan Place on the long -term viability of the Mercedes Benz
dealership remaining in Arcadia is unknown to staff at this time.
The Redevelopment Agency has successfully acquired by negotiation the
Arcadia Self Storage building, which is in the area affected by the initiative and is
one of the properties identified in the Agreement approved in January 2005 to be
sold to the Rusnak Auto Group. Therefore, passage of the initiative could result
in a significant fiscal impact to the Agency as well as Rusnak by prohibiting use
of the Self Storage building for its ultimate intended use. Finally, prohibiting the
expansion of the auto dealership across Morlan Place may have a significant
negative impact on current and projected future City sales and property tax
revenue. It could also potentially affect other property owners in this specific
area by eliminating a possible use (auto sales) that is currently allowed with a
CUP that owners may wish to consider through the sale or lease of their
property. `
Old
CITY SPECIAL ELECTION
RESOLUTION NO. 6545
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA CALLING AND GIVING NOTICE
OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION
ON , 2007, FOR THE SUBMISSION TO
THE VOTERS OF A PROPOSED ORDINANCE RELATING
TO PERMITTED AND PROHIBITED USES IN THE
CENTRAL BUSINESS DISTRICT ZONE
WHEREAS, pursuant to authority provided by statute, petitions have been
filed with the legislative body of the City of Arcadia, signed by at least fifteen
(15 %) percent of the number of registered voters of the City, to submit a proposed
ordinance amending the General Plan and Zoning Regulations Relating to
Permitted and Prohibited Uses within the Central Business District Zone; and
WHEREAS, the City Clerk examined the records of registration and
ascertained that the petition is signed by the requisite number of voters, and has so
certified; and
WHEREAS, the City Council has not voted in favor of the adoption of the
foregoing ordinance; and
WHEREAS, the City Council is authorized and directed by statute to
submit the proposed ordinance to the voters;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY, FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
1
CITY SPECIAL ELECTION
SECTION 1. Pursuant to the requirements of the Arcadia City Charter,
there is called and ordered to be held in the City of Arcadia, California, on
Tuesday, , 2007, a Special Municipal Election for the purpose of
submitting the following proposed ordinance:
Shall the ordinance (stating the nature thereof of Measure - - - - - -) Y
be adopted?
N
Limited to 75 words
SECTION 2. The text of the ordinance submitted to the voters is
attached hereto as Exhibit " A " .
SECTION 3. Approval of this ordinance shall require a majority vote
of the total number of valid ballots cast and counted.
SECTION 4. The ballots to be used at the election shall be in form and
content as required by law.
SECTION 5. The City Clerk is authorized, instructed and directed to
procure and furnish any and all official ballots, notices, printed matter and all
supplies, equipment and paraphernalia that may be necessary in order to properly
and lawfully conduct the election.
2
CITY SPECIAL ELECTION
SECTION 6. The polls shall be open at seven o'clock a.m. of the day of
the election and shall remain open continuously from that time until eight o'clock
p.m. of the same day when the polls shall be closed.
SECTION 7. That in all particulars not recited in this Resolution, the
election shall be held and conducted as provided by law for holding municipal
elections.
SECTION 8. That notice of the time and place of holding the election is
given and the City Clerk is authorized, instructed and directed to give further or
additional notice of the election, in time, form and manner as required by law.
SECTION 9. The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved, and adopted this
day of
, 2006.
ATTEST:
City Clerk
Mayor of the City of Arcadia
ATTEST:
O ct P
City Attorney
3
CITY SPECIAL ELECTION
RESOLUTION NO. 6546
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
PERMIT THE REGISTRARIRECORDER OF SAID COUNTY
TO RENDER SPECIFIED SERVICES TO THE CTIY
RELATING TO THE CONDUCT OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
,2007
WHEREAS, a Special Municipal Election is to be held in the City of
Arcadia, California on 2007; and
WHEREAS, in the course of conduct of said election and in relation
thereto, it will be necessary to mail sample ballots and polling place inserts along
with other related material to the registered voters of the City, and it will facilitate
such mailing if the Los Angeles County Registrar/Recorder will perform duties
outlined below; and
WHEREAS, all necessary expenses in performing these services shall be
paid by the City of Arcadia.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the requirements of Section 10403 of the
Elections Code, this City Council of the City of Arcadia hereby requests the Board
of Supervisors of the County of Los Angeles to permit the County
1
CITY SPECIAL ELECTION
Registrar/Recorder to prepare and furnish to the City for use in conducting said
election, the computer record of the names and addresses of all eligible registered
voters in said City in order that the City may print labels to be attached to self-
mailer sample ballot pamphlets; and also to furnish to the City printed indices of
the voters to be used by the precinct board at the polling place; and to make
available to the City additional election equipment and assistance according to
state law.
SECTION 2. The City shall reimburse said County for services
performed when the work is completed and upon presentation to the City of a
properly approved bill.
SECTION 3. The City Clerk is hereby directed to file a certified copy
of this Resolution with the Board of Supervisors and the county election
department of the County of Los Angeles.
SECTION 4. The City Clerk shall certify to the adoption of this
Resolution.
[SIGNATURES ON NEXT PAGE]
2
CITY SPECIAL ELECTION
Passed, approved and adopted this day of , 2006.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
3
CITY SPECIAL ELECTION
RESOLUTION NO. 6547
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS REGARDING CITY MEASURE _
AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS FOR THE MEASURE
WHEREAS, a Special Municipal Election is to be held in the City of
Arcadia, California, on 2007 at which there will be submitted to
the voters the following ballot measure:
Shall the ordinance (stating the nature thereof of Measure - - - - - -) be adopted?
Limited to 75 words
WHEREAS, the Elections Code allows the City Council, or a member or
members of the City Council authorized by the City Council, to submit an
argument for or against ballot measures; and
WHEREAS, the Elections Code mandates that the City Clerk, as the City
Election Official, when selecting arguments to print in the official election
materials must give priority to the following arguments in the following order:
(1) the City Council or member(s) of the City Council authorized by the
City Council to submit an argument;
1
CITY SPECIAL ELECTION
(2) the individual voter, or bona fide association of citizens, or
combination of voters and associations, who are the bona fide
sponsors or proponents of the ballot measure;
(3) bona fide associations of citizens; and
(4) individual voters who are eligible to vote on the measures; and
WHEREAS, the Elections Code also authorizes the City Council to direct
the City Attorney to prepare an "Impartial Analysis" of any measure submitted to
the voters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. Written Argument The City Council authorizes any and
all members of the City Council to file a written argument in favor of or against
the city measure as specified above, in accordance with Article 4, Chapter 3,
Division 9 of the Elections Code of the State of California and to change the
arguments until and including the date fixed by the City Clerk for filing primary
arguments, after which no arguments for or against the city measure may be
submitted to the City Clerk, pursuant to Section 9286 of the Elections Code of the
State of California.
2
CITY SPECIAL ELECTION
SECTION 2. Format of Written Argument. The arguments shall be
filed with the City Clerk, signed, with the printed names and signatures of the
authors submitting them, or if submitted on behalf of an organization, the name of
the organization, and the printed name and signature of at least one of its principal
officers who is the author of the argument. The arguments shall be accompanied
by the Form of Statement To Be Filed By Authors of Argument.
SECTION 3. Priority of Arguments The City Council directs the City
Clerk to abide by Section 9287 of the Elections Code when selecting arguments in
favor of and against each measure by giving preference and first priority to
arguments by the City Council or the member(s) of the City Council authorized by
the City Council to submit arguments.
SECTION 4. Impartial Analysis. The City Council directs the City
Clerk to transmit a copy of the measure to the City Attorney. The City Attorney
shall prepare an impartial analysis of the measure showing the effect of the
measure on the existing law and the operation of the measure. The impartial
analysis shall be filed by the date set by the City Clerk for the filing of primary
arguments.
SECTION 5. The City Clerk shall certify to the adoption of this
Resolution.
3
CITY SPECIAL ELECTION
Passed, approved and adopted this day of 5 2006.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
�� t) /� z
City Attomey
Eli
CITY SPECIAL ELECTION
RESOLUTION NO. 6548
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, ORDERING THE CANVASS OF THE
SPECIAL MUNICIPAL ELECTION TO BE HELD ON
, 2007, TO BE MADE BY THE CITY CLERK OF
THE CITY OF ARCADIA
WHEREAS, a Special Municipal Election will be held in the City of
Arcadia, County of Los Angeles, State of California, on
2007 as required by law; and
WHEREAS, the City Council of said City desires the canvass of said
election to be made by the City Clerk of said City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of Section 10263 of the
Elections Code of the State of California, the canvass of the Special Municipal
Election to be held in the City of Arcadia, County of Los Angeles, State of
California, on , 2007, is hereby ordered to be made by the City
Clerk of said City.
SECTION 2. The City Clerk of said City shall prior to
2007, complete the canvass of said Special Election and shall
certify the results to the City Council on , 2007.
SECTION 3. That the City Clerk shall certify to the passage and
adoption of this resolution
Passed, approved, and adopted this day of
, 2006.
Mayor of the City of Arcadia
ATTEST:
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
2
CONSOLIDATED RESOLUTION WITH AUSD
RESOLUTION NO. 6545
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA CALLING AND GIVING NOTICE
OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION
ON APRIL 17, 2007, FOR THE SUBMISSION TO THE
VOTERS OF A PROPOSED ORDINANCE RELATING TO
PERMITTED AND PROHIBITED USES IN THE CENTRAL
BUSINESS DISTRICT ZONE
WHEREAS, pursuant to authority provided by statute, petitions have been
filed with the legislative body of the City of Arcadia, signed by at least fifteen
(15 %) percent of the number of registered voters of the City, to submit a proposed
ordinance amending the General Plan and Zoning Regulations Relating to
Permitted and Prohibited Uses within the Central Business District Zone; and
WHEREAS, the City Clerk examined the records of registration and
ascertained that the petition is signed by the requisite number of voters, and has so
certified; and
WHEREAS, the City Council has not voted in favor of the adoption of the
foregoing ordinance; and
WHEREAS, the City Council is authorized and directed by statute to
submit the proposed ordinance to the voters;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY, FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
1
CONSOLIDATED RESOLUTION WITH ARCADIA SCHOOL DISTRICT
SECTION 1. Pursuant to the requirements of the Arcadia City Charter,
there is called and ordered to be held in the City of Arcadia, California, on
Tuesday, April 17, 2007, a Special Municipal Election for the purpose of
submitting the following proposed ordinance:
(stating the nature thereof of Measure - - - - - -) FN
be adopted?
Limited to 75 words
SECTION 2. The text of the ordinance submitted to the voters is
attached hereto as Exhibit "A"
SECTION 3. Approval of this ordinance shall require a majority vote
of the total number of valid ballots cast and counted.
SECTION 4. The ballots to be used at the election shall be in form and
content as required by law.
SECTION 5. The City Clerk is authorized, instructed and directed to
procure and furnish any and all official ballots, notices, printed matter and all
supplies, equipment and paraphernalia that may be necessary in order to properly
and lawfully conduct the election.
SECTION 6. The polls shall be open at seven o'clock a.m. of the day of
the election and shall remain open continuously from that time until eight o'clock,,.
p.m. of the same day when the polls shall be closed.
CONSOLIDATED RESOLUTION WITH ARCADIA SCHOOL DISTRICT
SECTION 7. That in all particulars not recited in this Resolution, the
election shall be held and conducted as provided by law for holding municipal
elections.
SECTION 8. That notice of the time and place of holding the election is
given and the City Clerk is authorized, instructed and directed to give further or
additional notice of the election, in time, form and manner as required by law.
SECTION 9. The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved, and adopted this day of
, 2006.
Mayor of the City of Arcadia
ATTEST:
City Clerk
ATTEST: n
k lU i ; /
City Attorney
3
CONSOLIDATED ELECTION WITH AUSD
RESOLUTION NO. 6546
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE A SPECIAL MUNICIPAL ELECTION TO
BE HELD ON APRIL 17, 2007 WITH THE ARCADIA
UNIFIED SCHOOL DISTRICT GENERAL ELECTION TO BE
HELD ON THAT DATE PURSUANT TO SECTION 10403 OF
THE ELECTIONS CODE
WHEREAS, the City Council of the City of Arcadia called a Special
Municipal Election to be held on April 17, 2007, for the purpose of submitting to
the voters questions related to PROPOSED MEASURE "_" amending the
Arcadia General Plan and Zoning Regulations Relating to Permitted and Prohibited
Uses within the Central Business District Zone; and
WHEREAS, it is desirable that the Special Municipal Election be
consolidated with the Arcadia Unified School District General Election to be held
on the same date and that within the City the precincts, polling places and election
officers of the two elections be the same, and that the county election department
of the County of Los Angeles canvass the returns of the Special Municipal Election
and that the election be held in all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
1
CONSOLIDATED ELECTION WITH AUSD
SECTION 1. Pursuant to the requirements of Section 10403 of the
Elections Code, the Board of Supervisors of the County of Los Angeles is hereby
requested to consent and agree to the consolidation of a Special Municipal Election
with the Arcadia Unified School District General Election on April 17, 2007 for
the ' purpose of submitting to the voters questions relating to PROPOSED
MEASURE " " amending the Arcadia General Plan and Zoning Regulations
Relating to Permitted and Prohibited Uses within the Central Business District
Zone; and
SECTION 2. The measure is to appear on the ballot as follows:
Y
Shall the ordinance (stating the nature thereof of Measure - - - - - -)
be adopted?
Limited to 75 words N
SECTION 3. Approval of this ordinance shall require a majority vote of
the total number of valid ballots cast and counted.
SECTION 4. The county election department is authorized to canvass
the returns of the Special Municipal Election. The election shall be held in all
respects as if there were only one election, and only one form of ballot shall be
used.
2
CONSOLIDATED ELECTION WITH AUSD
SECTION 5. The Board of Supervisors is requested to issue instructions
to the county election department to take any and all steps necessary for the
holding of the consolidated election.
SECTION 6. The City of Arcadia recognizes that additional costs will
be incurred by the County by reason of this consolidation and agrees to reimburse
the County for any costs.
SECTION 7. The City Clerk is hereby directed to file a certified copy
of this Resolution with the Board of Supervisors and the county election
department of the County of Los Angeles.
SECTION 8. The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this day of
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
, 2006.
3
CONSOLIDATED ELECTION WITH AUSD
RESOLUTION NO. 6547
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS REGARDING CITY MEASURE _
AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS FOR THE MEASURE
WHEREAS, a Special Municipal Election is to be held in the City of
Arcadia, California, on April 17, 2007 at which there will be submitted to the
voters the following ballot measure:
Shall the ordinance (stating the nature thereof of Measure - - - - - -) be adopted?
Limited to 75 words
WHEREAS, the Elections Code allows the City Council, or a member or
members of the City Council authorized by the City Council, to submit an
argument for or against ballot measures; and
WHEREAS, the Elections Code mandates that the City Clerk, as the City
Election Official, when selecting arguments to print in the official election
materials must give priority to the following arguments in the following order:
(1) the City Council or member(s) of the City Council authorized by the
City Council to submit an argument;
1
CONSOLIDATED ELECTION WITH AUSD
(2) the individual voter, or bona fide association of citizens, or
combination of voters and associations, who are the bona fide
sponsors or proponents of the ballot measure;
(3) bona fide associations of citizens; and
(4) individual voters who are eligible to vote on the measures; and
WHEREAS, the Elections Code also authorizes the City Council to direct
the City Attorney to prepare an "Impartial Analysis" of any measure submitted to
the voters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. Written Ar ug ment The City Council authorizes any and
all members of the City Council to file a written argument in favor of or against
the city measure as specified above, in accordance with Article 4, Chapter 3,
Division 9 of the Elections Code of the State of California and to change the
arguments until and including the date fixed by the City Clerk for filing primary
arguments, after which no arguments for or against the city measure may be
submitted to the City Clerk, pursuant to Section 9286 of the Elections Code of the
State of California.
2
CONSOLIDATED ELECTION WITH AUSD
SECTION 2. Format of Written Argument. The arguments shall be
filed with the City Clerk, signed, with the printed names and signatures of the
authors submitting them, or if submitted on behalf of an organization, the name of
the organization, and the printed name and signature of at least one of its principal
officers who is the author of the argument. The arguments shall be accompanied
by the Form of Statement To Be Filed By Authors of Argument.
SECTION 3. Priority of Arguments The City Council directs the City
Clerk to abide by Section 9287 of the Elections Code when selecting arguments in
favor of and against each measure by giving preference and first priority to
arguments by the City Council or the member(s) of the City Council authorized by
the City Council to submit arguments.
SECTION 4. Impartial Anal ysis. The City Council directs the City
Clerk to transmit a copy of the measure to the City Attorney. The City Attorney
shall prepare an impartial analysis of the measure showing the effect of the
measure on the existing law and the operation of the measure. The impartial
analysis shall be filed by the date set by the City Clerk for the filing of primary
arguments.
SECTION 5. The City Clerk shall certify to the adoption of this
Resolution.
3
CONSOLIDATED ELECTION WITH AUSD
Passed, approved and adopted this day of
, 2006.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
0
RESOLUTION NO. 6547
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS REGARDING A CITY MEASURE
AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS FOR THE MEASURE
WHEREAS, a Special Municipal Election is to be held in the City of
Arcadia, California, on Tuesday, May 8, 2007 at which there will be submitted to
the voters the following ballot measure:
PROPOSED MEASURE
Shall the ordinance amending the General Plan and Zoning Code relating
to permitted and prohibited uses within the Central Business District Zone be
adopted?
WHEREAS, the Elections Code allows the City Council, or a member or
members of the City Council authorized by the City Council, to submit an
argument for or against ballot measures; and
WHEREAS. the Elections Code mandates that the City Clerk, as the City
Election Official, when selecting arguments to print in the official election
materials must gi- priority to the following arguments in the following order.
1
(1) the City Council or member(s) of the City Council authorized by the
City Council to submit an argument;
(2) the individual voter, or bona fide association of citizens, or
combination of voters and associations, who are the bona fide
sponsors or proponents of the ballot measure;
(3) bona fide associations of citizens; and
(4) individual voters who are eligible to vote on the measures; and
WHEREAS, the Elections Code also authorizes the City Council to direct
the City Attorney to prepare an "Impartial Analysis" of any measure submitted to
the voters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. Written Ar ug ment The City Council authorizes any and
all members of the City Council to file a written argument in favor of or against
the city measure as specified above, in accordance with Article 4, Chapter 3,
Division 9 of the Elections Code of the State of California and to change the
arguments until and including the date fixed by the City Clerk for filing primary
arguments, after which no arguments for or against the city measure may be
submitted to the City Clerk, p ursua nt to Section 9286 of the Elections Code of the
State of California-
2
SECTION 2. Format of Written Argument. The arguments shall be
filed with the City Clerk, signed, with the printed names and signatures of the
authors submitting them, or if submitted on behalf of an organization, the name of
the organization, and the printed name and signature of at least one of its principal
officers who is the author of the argument. The arguments shall be accompanied
by the Form of Statement To Be Filed By Authors of Argument.
SECTION 3. Priority of Arguments The City Council directs the City
Clerk to abide by Section 9287 of the Elections Code when selecting arguments in
favor of and against each measure by giving preference and first priority to
arguments by the City Council or the member(s) of the City Council authorized by
the City Council to submit arguments.
SECTION 4. Impartial Analysis. The City Council directs the City
Clerk to transmit a copy of the measure to the City Attorney. The City Attorney
shall prepare an impartial analysis of the measure showing the effect of the
mea.-�ue on the e law and the operation of the measure. The impartial
analysis shall be filed by the date set by the City Clerk for the filing of primary
3
SECTION 5. The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this 21st day of November, 2006.
/5/ ROGER CHANDLER
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
: � ,
City Attorney
4
STATE OF CALIFORNIA,
COUNTY OF LOS ATNTGELES) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6547 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 21st day of November, 2006 and that said
Resolution was adopted by the following votq to wit:
AYES: Council Member Amundson, Harbicht, Segal, Wuo and Chandler
NOES: None
ABSENT: None
/S/ JAMES H. BARROWS
City Clerk of the City of Arcadia
F
RESOLUTION NO. 6546
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
PERMIT THE REGISTRAR/RECORDER OF SAID COUNTY
TO RENDER SPECIFIED SERVICES TO THE CTIY
RELATING TO THE CONDUCT OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
TUESDAY, MAY 8, 2007
WHEREAS, a Special Municipal Election is to be held in the City of
Arcadia, California on Tuesday, May 8, 2007; and
WHEREAS, in the course of conduct of said election and in relation
thereto, it will be necessary to mail sample ballots and polling place inserts along
with other related material to the registered voters of the City, and it will facilitate
such mailing if the Los Angeles County Registrar/Recorder will perform duties
outlined below; and
WHEREAS, all necessary expenses in performing these services shall be
paid by the City of Arcadia.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARC.ADI_A. CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the requirements of Section 10403 of the
Elections Code, this City Council of the City of Arcadia hereby requests the Board
of SunaNisors of the County of Los Anodes to permit the County
I
Registrar/Recorder to prepare and furnish to the City for use in conducting said
election, the computer record of the names and addresses of all eligible registered
voters in said City in order that the City may print labels to be attached to self -
mailer sample ballot pamphlets; and also to furnish to the City printed indices of
the voters to be used by the precinct board at the polling place; and to make
available to the City additional election equipment and assistance according to
state law.
SECTION 2. The City shall reimburse said County for services
performed when the work is completed and upon presentation to the City of a
properly approved bill.
SECTION 3. The City Clerk is hereby directed to file a certified copy
of this Resolution with the Board of Supervisors and the county election
department of the County of Los Angeles.
SECTION 4. The City Clerk shall certify to the adoption of this
Resolution.
[SIGNATURES ON NEXT PAGE]
7
Passed, approved and adopted this 21st day of November, 2006.
IS/ ROGER CHANDLER
Mayor of the City of Arcadia
ATTEST:
fi- - J3 2 wIn I I ! IY
City Clerk
APPROVED AS TO FORM:
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. 6546 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 aregular
meeting of said Council held on the 21st day of November, 2006 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Harbicht, Segal, Wuo and Chandler
NOES: None
ABSENT: None
City Clerk of the City of Arcadia
4
RESOLUTION NO. 6545
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARC_ADLA. CALIFORNTIA CALLING AND GIVING NOTICE
OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION
ON TUESDAY, MAY 8, 2007, FOR THE SUBMISSION TO
THE VOTERS OF A PROPOSED ORDINANCE RELATING
TO PERMITTED AND PROHIBITED USES IN THE
CENTRAL BUSINESS DISTRICT ZONE
WHEREAS, pursuant to authority provided by statute, petitions have been
filed with the legislative body of the City of Arcadia, signed by at least fifteen
(15 %) percent of the number of registered voters of the City, to submit a proposed
ordinance amending the General Plan and Zoning Regulations Relating to
Permitted and Prohibited Uses within the Central Business District Zone; and
WHEREAS, the City Clerk examined the records of registration and
ascertained that the petition is signed by the requisite number of voters, and has so
certified; and
WHEREAS, the City Council has not voted in favor of the adoption of the
foregoing ordinance; and
WHEREAS, the City Council is authorized and directed by statute to
submit the proposed ordinance to the voters.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNLX, DOES HEREBY, FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the requirements of the Arcadia City Charter,
there is called and ordered to be held in the City of Arcadia, California, on
Tuesday, May 8, 2007, a Special Municipal Election for the purpose of submitting
the following proposed ordinance:
YES
Shall the ordinance amending the General Plan and
Zoning Code relating to permitted and prohibited uses
within the Central Business District Zone be adopted? NO
SECTION 2. The text of the ordinance submitted to the voters is
attached hereto as Exhibit "A ".
SECTION 3. Approval of this ordinance shall require a majority vote
of the total number of valid ballots cast and counted.
SECTION 4. The ballots to be used at the election shall be in form and
content as required by law.
SECTION 5. The City Clerk is authorized, instructed and directed to
procure and furnish any and all official ballots, notices, printed matter and all
supplies, equipment and paraphernalia that may be necessary in order to properly
and lawfully conduct the election.
2
SECTION 6. The polls shall be open at seven o'clock a.m. of the day of
the election and shall remain open continuously from that time until eight o'clock
p.m. of the same day when the polls shall be closed.
SECTION 7. That in all particulars not recited in this Resolution, the
election shall be held and conducted as provided by law for holding municipal
elections.
SECTION 8. That notice of the time and place of holding the election is
given and the City Clerk is authorized, instructed and directed to give further or
additional notice of the election, in time, form and manner as required by law.
SECTION 9. The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved, and adopted this 21 st day of November, 2006.
Mayor of the City of Arcadia
ATTEST:
1 1 5" l J A All"Em SO H. BA R R 8
City Clerk
APPROVED AS TO FORM_
City Attome%
K
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 ResolutionNo. 6545 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 21st day of November, 2006 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Harbicht, Segal, Wuo and Chandler
NOES: None
ABSENT: None
City Clerk of the City of Arcadia
4
EXHIBIT "A°
The ARCADIA GENERAL PLAN is amended by adding the following text at the following places:
"The zoning code made be amended to restrict automobile sales from occurring.in certain
areas and to encourage the preservation of existing local businesses in such areas."
The above text will be added on page 2.12 within the box entitled Commercial Land Uses_
The above text will be added on page 6-3 to the text next to the heading Commercial (C).
SECTION 9264.2.11 is added to the ARCADIA MUNICIPAL CODE to read as follows:
9264.2.11 PRESERVING LOCAL BUSINESSES
A. TITLE This sermon is entitled the PRESERVING LOCAL BUSINESSES ORDINANCE.
B. FINDINGS i ==^pie of the Ctiv of ^.;cadia find and determine as follows:
i. The Cir ':c' ncil and/or Arcadia RedevelogmantAaency often take actions which
dISCOur 8_= injure the :) rn✓aticn of ex local businesses at their present sites
i n an -__°_ - -o assist or subsidize other businesses. 1 h= -^ =a." n cn Of I ^- =_i b =ar_. == tit =!" =X.;St "-" sii °_s ;s a 9Oal fa\rOrOd bV
People =e City of �.- a7i-.
T he _ _ - -.. O the �_".:. c• �.- a.-==5 _.__- :.L -- .,OC!Od°_'; b'J S -nta r.P.lt IviO
Place " __ s
c .._.,tingtcr. .._ .- e,..._. businesses which have =n
remeva' ' Ci Ccu..cii a..c. _..= .rcadia Redevelopmen .-cencv.
This c _.. = -ce •s inte-;beb °c e. ccur =__a -_ -_ - ^✓ -:ion of (CCaI businesses a. ?nei
orser_ _.,___ a7 id to c._ - =_. =_e . -.e ___ _f __ :e -. al p io discla -- c,
INITIATIVE MEAS TO BE SUBMITTED DIRECTL TO THE VOTERS
C.
' ADDITIONAL PERMITTED USES In addition to the permitted uses set forth in Sections
9264.2.2 to 9264.2.6, the following uses shall be permitted on the city block bounded by Santa
Anita, Modan Place, and Huntington Drive as those streets existed on January 1, 2006:
1. Any restaurant, eating establishment, coffee houses, juice bar, delicatessen or similar
uses, tha3t existed on the block prior to January 1, 2006;
2. Any public storage facility that existed on the block prior to January 1, 2006;
3. Any membership club or assocition that existed on the block prior to January 1, 2006;
4. Vehicuiar parking and vehicular access that existed on the block prior to January 1,
2006.
D. PROHIBITED USES The provisions of Section 9264.2.9, subsection 15, shall not be utilized
to permit the establishment or maintenance of automobile sales or automobile storage or
automobile repair services on the block bounded by Santa Anita, Morlan Place, and
Huntington Drive_ Such uses are specifically prohibited on that block, and any such use
established on that block prior to the effective date of this Ordinance shall be considered an
illegal non - conforming use and shall be removed or abated as provided in Sections 9400 to
9407.3 within two years. Sections 9245.3 and 9246 regarding the continuance of legal non-
conforming uses shall have no application to the illegal uses prohibited by this Subsection D.
E. PRIORITY To the extent that any application of this Section 9264.2.11 may conflict with the
application of any other provision of the Arcadia Municipal Code or other ordinances,
resolutions, or policies of the City of Arcadia, this section shall prevail.
r. EFFECTIVE DATE This Section 9264.11 shall become effective at noon on the day
following its adoption by the voters of the City of Arcadia.
G. DURATION This Section 9264.2.11 shall be automatically repealed and be of no force or
effect after twelve (12) years after the date of its adoption by the voters.
H. SEVERABILITY In the event a final judgment of a court of proper jurisdiction determines that
a provision of this initiative measure, or a particular application of a provision, is invalid or
unenforceable pursuant to a state or federal law or constitution, the invalid or unenforceable
portion or application shall be severed from the remainder of this measure, and the remaining
portions of this measure shall remain in effect without the invalid or unenforceable provision or
application.
I. CONFLICT WITri OTHER BALLOT MEASURES In the event that any other ballot measure
is proposed for v=7 approval on the same election ballot as this initiative measure, and that
other measure c�,„�nins provisions which deal with the same or similar subjects, it is the intent
of the voters in adopting this measure that it shall prevail over any such other ballot measure
in its entirety tc �_ e extent that this measure is approved and it receives a greater number of
voteS fOr aopi _ - Va: the other measure. In sum+ case, no provision of the other measure shall
t?-ome eft e L'?: =.
AMENDMENT On:-w this inrativ= measure becomes effective no provision of this measure
may b ame: � _ � -; repealed except by a m8lon y of the voters of the City of Arcadi voting
on a ballot m=_a_ for that pur�ne. End.
RESOLUTION NO. 6548
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, ORDERING THE CANVASS OF THE
SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
MAY 8, 2007, TO BE MADE BY THE CITY CLERK OF THE
CITY OF ARCADIA
WHEREAS, a Special Municipal Election will be held in the City of
Arcadia, County of Los Angeles, State of California, on Tuesday, May 8, 2007 as
required by law; and
WHEREAS, the City Council of said City desires the canvass of said
election to be made by the City Clerk of said City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of Section 10263 of the
Elections Code of the State of California, the canvass of the Special Municipal
Election to be held in the City of Arcadia, County of Los Angeles, State of
California, on Tuesday, May 8, 2007, is hereby ordered to be made by the City
Clerk of said City.
SECTION 2. The City Clerk of said City shall prior to May 15, 2007,
complete the canvass of said Special Election and shall certify the results to the
City Council on May 15, 2007.
SECTION 3. That the City Clerk shall certify to the passage and
adoption of this Resolution
Passed, approved, and adopted this 21st day of November, 2006.
/S/ ROGER CHANDLER
Mayor of the City of Arcadia
ATTEST:
V JAMES H. BARROWS
City Clerk
APPROVED AS TO FORM:
9 M #y I
City Attorney
2
. I V
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA }
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, bereby certifies
that the foregoing ResolutionNo. 6548 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 21st day of November, 2006 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Member Amundson, Harbicht, Segal, Wuo and Chandler
NOES: None
ABSENT: None
ISI JAMES He BARROWS'
City Clerk of the City of Arcadia
K
-lam
r
48:0115
Arcadia City Council /Redevelopment Agency
and
Los Angeles County Supervisor
Michael Antonovich
TUESDAY, NOVEMBER 22, 2006
MINUTES
8:00 a.m.
Location: City Council Chamber Conference Room, 240 W. Huntington Drive
CALL TO ORDER
Mayor Roger Chandler called the meeting to order at 8:10 a.m.
ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council Agency Members Amundson, Chandler, Harbicht, Segal and Wuo
Council Member Amundson left the meeting at 8:35 a.m.
SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
City Manager Bill Kelly noted the attendance at this meeting of Los Angeles County Supervisor
Mike Antonovich.
PUBLIC COMMENTS — None
CITY MANAGER
a. CHANTRY FLAT ROAD (POTENTIAL FOR COUNTY AND /OR FEDERAL
RESPONSIBILITY FOR OWNERSHIP AND MAINTENANCE OF THE ROAD).
City Manager Bill Kelly provided a brief status regarding the condition of the
Chantry Flat Road. Mr. Kelly noted that the City's portion of the road, where
there was recent slope failures, was finished and accepted by the City Council at
the meeting on November 21, 2006. City Manager Kelly had previously asked
the County staff for suggestions in handling the road situation since there are 4
jurisdictions involved when situations occur on the road.
In response to Mr. Kelly's question, County staff responded that Supervisor
Antonovich has asked County Public Works staff to come up with a plan for all
involved cities so that the County can take over jurisdiction of the road. That plan
should be complete by the end of the year and submitted to all involved
jurisdictions for review.
11 -22 -2006
ENRIMLi .
b. A STATUS REPORT ON ROSEMEAD BOULEVARD IMPROVEMENTS.
City Manager Kelly asked for an update on the Rosemead Boulevard
improvements.
County staff announced that Rosemead Boulevard is now officially a county road
e.g. transferred from the State to the County, and is currently in the process of
making "interim" improvements (clean up and debris removal). Once Edison
completes their underground utility work, which will take about one year, the
County will then come in with a final plan to complete the improvements.
C. MTA/GOLD LINE FUNDING.
County Supervisor Antonovich and County staff advised that currently this project
is on hold because there is no funding for the expansion. Supervisor Antonovich
gave a detailed overview and assessment regarding the different issues involving
the project and the funding.
City Manager Kelly gave a brief status on the MTA/Gold Line funding and activity
currently going on with the different committees and cities affected by this
expansion.
The City Council /Redevelopment Agency adjourned this meeting at 8:55 a.m. to December 5,
2006 at 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington
Drive. Arcadia.
James H. Barrows City Clerk
i
in
Lisa Mussenden
Interim Chief Deputy City Clerk
11 -22 -2006