Loading...
HomeMy WebLinkAboutJanuary 2, 2007x ~~ .~~P ~.._ ~ CITY OF ARCADIA CITY COUNCILIREDEVELOPMENT AGENCY REGULAR MEETING c ~ .• -0pe1ti ^t'~ TUESDAY, JANUARY 2, 200T AGENDA 6:00 p.m. Location: City Council Chamber Conference Room, 240 W. Huntington. Drive CALL TO ORDER ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: Roger Chandier, 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 CLOSED SESSION/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. CLOSED SESSION a. Anticipated litigation pursuant to Government Code Section 54956.9(b)(1): One (1) case. b. Anticipated litigation pursuant to Government Code Section 54956.9(b)(1): One (1) case. c. Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager STUDY SESSION a. Presentation and review of Mid Year Budget. 7:00 p.m., City Council Chamber RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING TO OPEN SESSION INVOCATION Reverend John Payton, Point Loma Nazarene University -,., 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 MANAGER/EXECUTIVE'- DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PRESENTATIONS AND PROCLAMATIONS PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legaliy challenge any action taken by the City Council with respect to any Rubiic Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. CITY COUNCIL ITEMS: a. b. Recommended 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 MAYOR, CITY COUNCIL AND CITY CLERK 2. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and all wilF 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 AGENCYITEMS: a. REGULAR MEETING MINUTES. DECEMBER 5. 2006. Recommended Action: Approve CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES. DECEMBER 5, 2006. Recommended Action: Approve c. d. e. f. 9• Recommended Action: Adopt Recommended Action: Approve Recommended Action: Approve Recommended Action: Approve Recommended Action: Approve CITY MANAGER a. b. ADJOURNMENT The next Regular Meeting of the City Council/Redevelopment Agency will be January 16, 2007 at 5:00 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 C1TY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THE MEETING. Recommended Action: Adopt Recommended Action: Adopt ~ F , CITY COUNCIUREDEVELOPMENT AGENCY MEETING ANNOTATED AGENDA ' JANUARY 2, 2007 CLOSED SESSION a. Anticipated litigation pursuant to Government Code Section NO REPORTABLE 54956.9(b)(1): One (1) case. ACTION TAKEN b. Anticipated litigation pursuant to Government Code Section NO REPORTABLE 54956.9(b)(1): One (1) case. ACTION TAKEN c. Public Employee Performance Evaluation (Government Code Section NO REPORTABLE 54957) ACTION TAKEN Title: City Manager STUDY SESSION a. Presentation and review of Mid Year Budget. NO ACTION TAKEN PUBLIC HEARING a. RESOLUTION NO. 6544 AUTHORIZING THE ARCADIA POLICE ADOPTED 5-0 DEPARTMENT TO USE FUNDS ALLOCATED FROM THE CITIZENS' OPTION FOR PUBLIC SAFETY-SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (COPS-SLESF) FOR THE PURPOSE OF FRONT LINE POLICE SERVICES. b. 2007-2008 STATEMENT OF OBJECTIVES AND PROJECT USE OF APPROVED 5-0 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. REGULAR MEETING MINUTES, DECEMBER 5, 2006. APPROVED 5-0 CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES, DECEMBER 5, 2006. APPROVED 5-0 c. RESOLUTION 6550 RECITING THE FACT OF THE SPECIAL ADOPTED 5-0 MUNICIPAL ELECTION HELD ON NOVEMBER 7, 2006 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW. d. ACCEPT ALL WORK PERFORMED BY OAK ENGINEERING INC. APPROVED 5- 0 FOR THE TRAFFIC SIGNAL INSTALLATION AT FIRST AVENUE AND SANTA CLARA AVENUE PROJECT AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE W ITH THE CONTRACT DOCUMENTS. L ~ 3. e. ACCEPT ALL WORK PERFORMED BY FREEWAY ELECTRIC FOR APPROVED 5- 0 THE TRAFFIC SIGNAL MAST ARM AND POLE REPLACEMENT AT SANTA ANITA AVENUE AND FOOTHILL BOULEVARD PROJECT AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. f. ACCEPT ALL WORK PERFORMED BY KDC INC., DBA APPROUED 5- 0 DYNALECTRIC FOR FIBER OPTIC INSTALLATION PROJECT AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. g. ACCEPT ALL WORK PERFORMED BY PARSAM CONSTRUCTION, APPROVED 5- 0 INC. FOR THE PECK ROAD PLANT SECURITY WALL CONSTRUCTION AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS SUBJECT TO A RETENTION OF $14,334.02. CITY MANAGER RESOLUTION NO. 6551 ORDERING THE SUBMISSION TO THE CONTINUED TO QUALIFIED ELECTORS OF THE CITY OF ARCADIA AT A SPECIAL JANUARY 16, MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 8, 2007 2007 OF A CERTAIN MEASURE RELATING TO EMINENT DOMAIN AND TO PERMIITED LAND USES IN THE CENTRAL BUSINESS DISTRICT ZONE. b. RESOLUTION NO. 6552 SETTING PRIORITIES FOR FILING CONTINUED TO WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND JANUARY 16, DIRECTING THE C~TY ATTORNEY TO PREPARE AN IMPARTIAL 2007 ANALYSIS FOR THE MEASURE. , , , ^` • .. , 49:0001 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, JANUARY 2, 2007 The City Council and Redevelopment Agency of the City of Arcadia met at 6.00 p.m. in a regular closed session meeting in the Arcadia City Council Chamber Conference Room. CALL TO ORDER The Mayor Chandler called the meeting in order at 6:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Amundson, Harbicht, Segal, Wuo and Chandler ABSENT: None CLOSED SESSION a. Anticipated litigation pursuant to Government Code Section 54956.9(b)(1): One (1) case. b. Anticipated litigation pursuant to Government Code Section 54956.9(b)(1): One (1) case. c. Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager STUDY SESSION PUBLIC COMMENTS - None a. Presentation and review of Mid Year Budget. City Manager Bill Kelly provided an overview of the current 2006-2007 fiscal year budget as of November 30, 2D06, which included additional appropriations and anticipated expenditures since the budget was adopted. Mr. Kelly explained that the additional appropriations made to the budget are longevity pay, the November 2006 special election, signal maintenance cost increases, the May 2008 special election and miscellaneous adjustment and carryovers: Mr. Kelly also provided an overview of the upcoming 2007-2008 fiscal year budget including review of projected revenues, the capital and equipment funds, and the emergency reserve fund. Further, Mr. Kelly discussed the civic inter-project to be scheduled for a future study session. and noted a proposal to overstaff the Police Department by two (2) positions to reduce the vacant position problem (to be scheduled as a future agenda item). RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION The Mayor convened the Open Session meeting at 7:00 p.m. INVOCATION Reverend John Payton, Point Loma Nazarene University 01-02-2007 .-~;, PLEDGE OF ALLEGIANCE Deputy Fire Chief Tony Trabbie ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: 49:0002 PRESENT: Council/Agency Members Chandler, Segal, Amundson, Harbicht and Wuo ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION/STUDY SESSION ITEMS City Attorney Steve Deitsch reported that the City Council/Redevelopment Agency Board met in closed session to consider the three (3) items listed under closed session on the agenda. Mr. Deitsch reported that the first two cases were cases of potential litigation. They are two claims filed against the City (1) Claim of Alice Ai and (2) Claim of Carlos Recendez. No reportable action taken. The last item was a Public Employee Performance Evaluation of the City Manager. No reportable action was taken. 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 Harbicht and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in fulL PUBLIC HEARINGS/COMMENTS (5 minutes per person) a. RESOLUTION NO. 6544 AUTHORIZING THE ARCADIA POLICE DEPARTMENT TO USE FUNDS ALLOCATED FROM THE CITIZENS' OPTION FOR PUBLIC SAFETY-SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (COPS-SLESF) FOR THE PURPOSE OF FRONT LINE POLICE SERVICES. Recommended Action: Adopt City Manager Bill Kelly provided an overview of the COPS program. Mr. Kelly explained that under the COPS program, each year the state legislature provides supplemental funding for local police departments. The COPS program enables local police agencies to enhance public safety by purchasing equipment and/or services otherwise unavailable through the budget. Mr. Kelly reported that since 1997, the police department has used these funds for a crime analysis unit. Mr. Kelly advised that it is staff's recommendation that the City Council adopt Resolution No. 6544 to use funds allocated from the Citizen's Option for Public Safety-Supplemental Law Enforcement Fund (COPS-SLESF) for the purposes of front line police services. 2 01-02-2007 as:oooa A motion was made by Council/Agency Member Segal, seconded by Council/Agency Member Harbicht to close the public hearing. . Council Member Harbicht commented that the City will be receiving $109,000 and the cost to fund the crime analyst position is $98,500. Council Member Harbicht asked what the difference is used for. City Manager responded that the remaining funds are used to purchase equipment and support services. A motion was made by Council/Agency Member Segal, seconded by Council/Agency Member Harbicht to adopt Resolution No. 6544 to use funds allocated from the Citizens' Option for Public Safety-Supplemental Law Enforcement Fund (COPS-SLESF) for the purpose of front line police services. AYES: Council/Agency Members Segal, Harbicht, Amundson, Wuo and Chandler NOES: None b. Action: Approve Assistant City Manager/Development Services Director pon Penman provided the staff report and explained in detail the objectives and project uses of CDBG funds. Mr. Penman explained that the City has been a participant in the Community Development Block Grant (CDBG) Program for over 30 years. Mr. Penman explained that this money is funded by the U.S. Department of Housing and Community Development (HUD) and is administered through the Los Angeles County Community Development Commission. The program objectives primarily benefit low and moderate income persons and families; he further noted that historically the funds have been allocated to the City's Housing and Rehabilitation Program where the City qualifies homeowners to do various home improvements such as electrical, plumbing, painting, new roofs, weather striping and asbestos removal. Mr. Penman advised that the grant allows a maximum of 15% of the funds to be used for public services. He further commented that annually, the City Council has allocated funds to senior citizen services such as meal on wheels for homebound seniors, an information and referral service program for seniors where they can obtain assistance with medical and medicare, social security issues and filing income taxes. Mr. Penman further explained that the City also offers programs for youths 18 years and younger who must come from low and moderate income families. Mr. Penman noted that for fiscal year 2007-OS beginning July 2007, the City will receive $427,845. Mr. Penman recommends at the conclusion of the public hearing, that the City Council allocate funds to the various programs as recommended and also authorize the City Manager to execute the necessary Memorandum of Understandings with the Los Angeles County Community Development Commission. Council Member Harbicht questioned that there are 21 homes in the housing rehabilitation program with a maximum of $12,000 for a total of $260,000 and staff is recommending an allocation of $320,000? Mr. Penman responded that the remaining funds are used to pay for various administrative costs such as the City's consultant who administers the program on behalf of the City. 01-02-2007 as:oaoa Council Member Harbicht commented that Arcadia does not have blighted neighborhoods. He also commented that the seniors receiving these funds live in nice neighborhoods but may not have the income to continue maintenance of the property. Mr. Harbicht also commented that making various home improvements benefit the entire neighborhood. A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Member Wuo to close the public hearing. A motion was made by Council/Agency Member Segal, seconded by CounciVAgency Member Harbicht to approve the allocation of funds as outlined in Table 1 and to authorize the City Manager to modify the program allocation should amendments become necessary and to execute the Memorandums of Understanding with the Los Angeles County Community Development Commission to be submitted to the County as a later date. AYES: Council/Agency Members Segal, Harbicht, Amundson, Wuo and Chandler NOES: None Natalia Sanchez-Niqolian, 951 Paloma Drive discussed that this past year 2 huge Ash trees on Paloma Drive were cut down because the rain caused broken branches and the trees were unsafe. She has saved over $600 by selling jewelry and returning unnecessary Christmas gifts and would like to donate it to the "Save the Paloma Drive Tree" fund. She asked the City to help her in saving the trees on Paloma Drive. She has also gathered a petition of all Paloma Drive residents who agree and support the "Save the Paloma Tree" campaign. City Manager Bill Kelly commented that the Public Works Services Department has been talking with the family and he will arrange a meeting to discuss the trees on Paloma Drive. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK Council Member Amundson wished everyone a Happy New Year. Mr. Amundson mentioned that his family celebrated New Years Day at the Rose Parade. Mr. Amundson asked about a new law GASB 45 which is Government Accounting Standards Board. Council Member Amundson closed his comments in memory of former President Gerald Ford. City Manager Bill Kelly explained the difference between GASB 43 and 45. Mr. Kelly explained that GASB 43 deals with retirement and that the City of Arcadia is part of PERS where the City has no unfunded liability. GASB 45 deals with retiree health and medical benefits. Mr. Kelly explained that under federal law, a report will be brought back to the City Council by December 2007 and it will be reviewed as part of the July 2008 budget to ensure that the City does not have any extraordinary liabilities. Mr. Kelly also explained that the City has to make sure that there are enough funds to cover health and medical benefits. Council Member Segal wished everyone a Happy New Year. Council Member Segal encouraged everyone to stay involved in the developments going on in the City. Council Member Segal shared his personal experience with former President Gerald Ford on a plane from London to Los Angeles. Council Member Harbicht commented that City Council Members received a letter from a resident commending Dave McVey and Mark Ornelas of the Public Works Services Department indicating that these two employees were extremely helpful in assisting her with her electrical problem and driveway repair. Council Member Harbicht thanked Dave and Mark and also all City employees for the exemplary service they provide to the residents of Arcadia. Mr. Harbicht wished everyone a Happy New Year. 01-02-2007 49:0005 Council Member Wuo wished everyone a Happy New Year. Mr. Wuo announced that Preferred Bank in Arcadia donated $1,000 each to the Police and Fire Departments. Council Member Wuo also thanked Sandy Ho, Senior Vice President of Preferred Bank for the donation and announced that Ms. Ho also served 8 years as an Arcadia Beautiful Commissioner. Council Member Wuo commented about several foot massage businesses moving into Arcadia. Mr. Wuo would like to place on a future agenda for discussion the issue of neon signs in business windows. Mr. Wuo also noted that he observed at the corner of Santa Anita and Duarte 4 neon signs in a business window. Mr. Wuo also requested that he would like a moratorium in place to stop the issuance of future licenses to foot massage businesses who come to Arcadia. City Manager Bill Kelly responded that there is a sign ordinance in place that regulates neon signs in windows. Mr. Kelly indicated that he will provide the City Council with a summary report relating neon signs. Mr. Kelly also advised that staff will research the foot massage business issue and report back to the City Council. City Clerk Jim Barrows wished everyone a Happy New Year. Mr. Barrows commented that the kids at the elementary schools really enjoyed the Breakfast with Santa and the Snow Festival events. He also thanked Roberta White and her staff for a great job. Mayor Chandler thanked the Arcadia Beautiful Commission and Linda Garcia for all their hard work in putting together the Santa Squad. Mayor Chandler announced that 2007 will be a busy year for the City with important issues including the upcoming special election in May 2007. Mayor Chandler announced the grand opening of the Cheesecake Factory. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. REGULAR MEETING MINUTES. DECEMBER 5. 2006. Recommended Action: Approve CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES. DECEMBER 5. 2006. Recommended Action: Approve c. RESOLUTION 6550 RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 7. 2006 DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW. Recommended Action: Adopt d. ACCEPT ALL WORK PERFORMED BY OAK ENGINEERING INC. FOR THE TRAFFIC SIGNAL INSTALLATION AT FIRST AVENUE AND SANTA CLARA Recommended Action: Approve 01-02-2007 49:0006 e. ACCEPT ALL WORK PERFORMED BY KDC INC.. DBA DYNALECTRIC FOR FIBER OPTIC INSTALLATION PROJECT AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. Recommended Action: Approve 9• AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE nded Action: Approve A motion was made by Council/Agency Member Segal, seconded by Council/Agency Member Harbicht, and carried on roll call vote to approve the Consent Calendar items 2-a. through 2-g on the City Council/ARA Consent Calendars. AYES: Council/Agency Members Segal, Harbicht, Amundson, Wuo and Chandler NOES: None 3. CITY MANAGER a. TO BE HELD ON TUESDAY. MAY S, 2007 OF A CERTAIN MEASURE RELATING TO EMINENT DOMAIN AND TO PERMITTED LAND USES IN THE CENTRAL BUSINESS DISTRICT ZONE. Recommended Action: Adopt b. ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR THE MEASURE. Recommended Action: Adopt City Attorney Steve Deitsch read the titles of each Resolution and presented the staff and background report on the City's proposed initiative ordinance. Mr. Deitsch explained that the Elections Code allows the City Council to submit a legislative sponsored initiative directly to the voters by adopting a resolution ordering a special election on the measure. Mr. Deitsch furthe~ explained that the Elections Code also permits the City Council to place a competing initiative on the same ballot of an already scheduled initiative election. Mr. Deitsch further explained that the measure that receives the most votes take precedence in an initiative election. Mr. Deitsch noted that on November 21, 2006 the City Council adopted Resolution No. 6545 already ordering a special election on an initiative measure to amend the general plan and zoning regulations relating to permitted and prohibited uses within the Central Business District Zone. Mr. Deitsch noted that the prior initiative was submitted by a private proponent and deals 01-02-2007 AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. Recommended Action: Approve 49:0007 with permitted uses in the City Block bounded by Santa Anita Avenue, Morlan Place and Huntington Drive. Mr. Deitsch advised that if approved, the prior initiative would prohibit new automobile sales, storage and repair services from being established in the City Block, would establish a 2 year moratorium on existing auto-related uses in the City Block, and would also prohibit the expansion of Rusnak Mercedes into the City Block which would likely decrease the amount of revenue paid into the general fund. Mr. Deitsch advised that the City Council may submit its own competing initiative to the voters on the same ballot with the prior initiative on the. May 8, 2007 special election ballot. Mr. Deitsch explained that unlike the prior initiative, the City's proposed initiative would eliminate the use of eminent domain by the Redevelopment Agency on the City Block and throughout the Redevelopment Plan Area which is the Central Redevelopment Project Area. City Attorney Deitsch explained that if the voters approve the proposed City initiative, auto related uses would continue to be permitted under the City's Zoning Code within the City Block. Mr. Deitsch discussed the proposed ordinance in detail and explained what it accomplishes. Mr. Deitsch advised that Section 9902 of the Arcadia Municipal Code relating to limitations on the use of eminent domain would be added to the Code. Mr. Deitsch advised that Section 9902 would limit the City's authority to use eminent domain by taking private property for ultimate private use. Mr. Deitsch also explained that Section 2 of the proposed ordinance would place limitations on the Redevelopment Agency's ability to use eminent domain throughout the redevelopment project area which includes the City Block. Mr. Deitsch advised that if the voters approve the proposed ordinance, Section 2 would amend the Redevelopment Plan for the Central Redevelopment Project. Mr. Deitsch provided the City Council with a new page 6 which included 2 minor word changes to Section 9264.11 and explained that (1) any restaurant, eating establishment, coffee house, juice bar, delicatessen, or similar uses that existed on the block prior to January 1, 2006 would be permitted. Mr. Deitsch explained Section 4(b) on page 7 of the proposed ordinance which means if the proposed ordinance receives a majority of votes and is passed, but the prior initiative receives even more votes and takes precedence then the provisions of the proposed ordinance dealing with eminent domain will survive even though the prior initiative receives more votes. Mr. Deitsch recommended to the City Council that if they chose the proposed ordinance he would recommend that Council consider deleting Section 4(b) and leaving in 4(a) which states that whichever ordinance receives the most votes if they both pass goes into effect and the other ordinance is defeated and does not take effect. Council Memher Amundson asked Mr. Deitsch about the wording to "eliminate eminent domain" in the text of the proposed ordinance versus the word "IimiY' in the title. Mr. Deitsch responded that for the Redevelopment Agency it clearly eliminates its use of eminent domain, however, for the City it would only eliminate the taking of private properry by the City for other private uses; however, the City would be allowed to use eminent domain to acquire property for public purposes. Council Member Harbicht commented that the use of eminent domain by a City for acquiring parks and public use is a state law and the use of eminent domain by the Redevelopment Agency is something that the City can take away. Council Member Harbicht reiterated the intent of the prior initiative and the proposed initiative ordinance for the public's benefit. Council Member Wuo was also concerned with the language regarding limiting the use of eminent domain. Council Member Wuo suggested that stronger language in the title be submitted to the voters and would like to see the word "eliminate" instead of "IimiY'. 7 01-02-2007 49:0008 City Attorney Deitsch revised and read the proposed title change of the ballot initiative to "shall an ordinance amending the Arcadia Municipal Code to eliminate the use of eminent domain for purposes of taking private property for private use, to promote economic development and to protect existing land uses in the Central Business District Zone be adopted?" Council Member Segal suggested that the 3 issues be separated in the title. Mayor Chandler provided an overview of Measure A and the proposed Measure B and what the initiatives mean to the City. Council Member Segal also provided his overview of eminent domain and what it would do to Rod's Grill and the intent of Measure B. City Attorney Deitsch revised the proposed ballot title to read "shall an ordinance amending the Arcadia Municipal Code to (1) eliminate the use of eminent domain for purposes of taking private property for private use, (2) to promote economic development and (3) to protect existing land uses in the Central Business District Zone be adopted? City Attorney Steve Deitsch recommended that this matter be continued to the meeting of January 16, 2007. Councilmember Harbicht asked if the deadline for the arguments be included in either the resolution concerning ballot arguments or staff report. ADJOURNMENT The meeting was adjourned at 8:30 p.m. The City Council/Redevelopment Agency adjourned this meeting in memory of former President Gerald Ford to January 16, 2007 at 5:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. By: James H. Barrows, City Clerk `7~1 ~~~i~.t'n" Q~ " l Lisa Mussenden Interim Chief Deputy City Clerk 01-02-2007 C ~ ~ ~ ~ ~ 1 O ~ ~ ' 'a 7 x ~ m b ~ y ~ 91 ~ y~ ~~ "'~ a. (D 1 -. a. N `G m `G y G ~ . » p~ x~ x ~ y N X N ~' N N O (D y ~ C ~ C1 A C ~ N W A N OD O1 A G~ G b m N {AO W m~ W O N O. ~ RI t0 A O 01 ~I Q1 A. A v A~ ~ ~ ~ O 6 1 r T C Z a ° ~ -P N (O V ~~ , A N m ~ ~ ~ ~ ~ C O 6 1 C -i 07 [)t O~ V V 0~ (O . N m tD fJi 0~ W W ~+ s N W N 01 W W n fT O A O) N W V ~ m v ~ ~ N O' O m cn N co m ~ O1 O ~ O Ul C71 W 00 O ~ V A 0 000 ° ° o Q _ 0_ 0 m 0 0 0 0 0 0 0 ~ 0 00000o m 0 0 0 0 0 0 o Z C m m y N N ^: O rn A iv co co 3°' tT ~ f~ A N 61 CD O A CP CP O V O ~ V p ~ oooocno ~ a 0 0 0 0 0 0 0 0 000000 0 0 0 0 0 0 0 m •N+~ O IV V (T N t0 -+ W ~ V W ~ 000 A O GI ~ 1t A( ~p 0 0 0 0 0 0 o a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~/1 ~~ ~,_ ~~ ~~ ,s~, --°v ~, W c a ~ m U 0 m' ~ 0 ~ ~ 0 a m' a 3 Q ~ m m X N o ~~~~ ~ m ~ ~ .~ O u i .. ~D Fs, Fn se ss ~» >>> 7J D o ~ ~ ~ 3 ~ j r) n n o N ~~ C ~ y N p~ p~ 3 o W O C C C ~ cao ~" a ° oo m m m°~Z ~ p O O ~ N N f11 n . K ' ~7 n 1 7 ~ » p ~ ~ C • T o N " ^" ~ ~ O O 'O ~ ~ C o 'o o a~ o° 3 ~ ^ w ~ c m a c ~ w m Q Q ~' a a c i ~ v ~ ~o m c m co o~ [ ~ D ~ 00 o . ~ m ~ m m~ a o~ ~~ o o m o o ~ m v m ~ m m m 3 ~ m ~ ~~ d m p c ~n m^ Q N ~ ~ i c C . o i . . N p~ O`G O C tn ~ -o cQ - . a o ~ m ~ v ~ (n m ~ m v g~ m °~ x ~~ . Z ~ O'G ~ In T p O ~ ~ ~ ~ O~ ~ O~~~ N G ~ ~ ° N -~ ~ ~ ~ m~ m c - m -~ . z, ~ m m m o a ~o ~' m ~ v, m z v ~o ~ K~, E v m m m°m ~ N rJ~ o y ~ . m o. c. ~~ ai °-- @ v v ' v ~ v, ~ `~ m a i ~ m Z m o D ° ~' ~ N m ~ a ~ ~ T ~ ° ~ ~ a v ~i ~ o °o a ~ ~ ~~o N ~y~ ~ a o o ~ ~ ~ ~ ~ a m ~ o ~ W W A W W -~ 01 -n q~ ~ y O a W O~ 01 O J N m N~ D d D ` ' L7 fll N A y A A W W A O ~I ~ n C m . ~~ . Q1 f0 f0 (O CT W A N + m CT . ' O C 3 V - ~I ~+ ~ fC C. 3 ~~(D -i -~ '' ~ ' IV "' CT ° W IJ O ° ' ~ ~ a C 9i :: ~ a7 d~ m i o c " o c ii i o c n ~ o ~ m ' a T ~ 10 C ~ ~ La w A ~ W , .. a~ N Co N W O -a W W D O J J v (~ A ~ A W A ~ O O~ O ? cn cn m P w ( O o~oa> rn . -•b ~ m o ° N ~'' ~'' ° °~ ° m o~ o d i n c i, c i, ~ v; c o c i~ o ~ a > a o 0 0 0 .~ rnooo rn > ~ o P A A A W W N N Ut O N O~ U A A A W q ~ A O C~ °~ o m m co -~ cn ~ n W O O) c0 Q1 A ~p O OD O O W y p fD V t0 N N -~ W~ O W Ol O] [O (G9 Ol W O O W N mo A .P A A W m Q' .n '~ W j W 01 N(O CT V 3 N ~ 01 Lh ~ IV O O ~ W A rn rn o i t0 O i A 1p a ~ s ~ j ~C~ O] ? O ~ ~ W N ~ m W O ~ ] O [D ~ tA O . . .' Cn N A A A A A W ~ ~ ~ ~ s O W W , Oo Ch CP ~ (A W O j O L v J O O W W ~ O~I .P ~p O O Vl C,~ Vt [,n (d N O ~7 ~ ~ ° ° o o ° 0 ° ~ m m o 0 o ~ N , ~~~;; ~ ~ ~ ~ ~ ~~, , ~,. . A ~kr u,~. . EXHIBIT "A" ~....n..~.e e.e•.~e~om °m~A~ty~t~°~`' STAFF REPORT Police Department DATE: January 2, 20~7 TO: Mayor and Members of the City Council FROAA: Robert P. Sanderson, Chief of Police~ By: Nancy Chik, Management Analy~ SUBJECT: Resolution No. 6544 authorizina the Arca~ Recommendation: Adopt Summan- This staff report explains the Citizens' Option for Public Safety (COPS) program and requests approval of Resolution 6544, which wiil authorize expenditure of funds for specific law enforcement purposes. Backaround Each year, the State Legislature considers supplemental funding for local police departments under the COPS program. The annual decision to fund the COPS program is based upon budget priorities and available funds. Atthough the program has been funded the past 10 years, the COPS program funding continues on a year-to-year basis. The intent of the COPS program is to enable loca! police agencies to .enhance public safety by purchasing equipment and/or services otherwise unavailable to them through their respective budgets. The COPS program distributes State funds to local cities on a per capita basis. Recipient cities are required to deposit the State funds in a local Supplemental Law Enforcement 5ervices Fund (SLESF) to be expended only for equipment and services requested by the Chief of Police and approved by the City Council. ~, Each year, the police chief submits a list of the items and/or services to be expended with COPS-SLESF funds. The City Council reviews and approves the expenditures. The State has placed the following limitations on the funds: 1. They must be used for front line police services in accordance with a plan submitted by the Chief of Police; 2. Their use must not supplant what has been or should be general fund expenditures, and; 3. The spending plan must be submitted to the State for audit purposes. Discussion With Council approval in 1997, the Department created a Crime Analysis Unit with COPS-SLESF funds. Since that time, the crime analyst position has proven itself to be highly effective in evaluating crime patterns and trends, as well as tracking criminal activities of known offenders and recidivists. In November 2006, $109,279 was received in COPS-SLESF funds, and the Department proposes to continue funding the crime analyst position's salary and benefds from the COPS-SLESF fund, which totals approximatefy $98,500. Fiscal Imaact None. These expenditures have no impact upon the City's General Fund. Recommendation Adopt Resolution No. 6544 to use funds allocated for Public Safety-Supplemental Law Enforcement the purpose of front line police services. Attachment: Resolution No. 6544 Approved: ~ William R. Kelly, City Manager from the Citizens' Option Fund (C~PS-SLESF) for .. ,i , RESOLUTION NO. 6544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE ARCADIA POLICE DEPARTMENT TO USE FUNDS ALLOCATED FROM THE CITIZENS' OPTION FOR PUBLIC SAFETY-SUPPLEMENTAL LAW ENFORCE- MENT SERVICES FUND (COPS-SLESF) FOR THE PURPOSE OF FRONT LINE POLICE SERVICES WHEREAS, Cirizens' Option for Public Safety-Supplemental Law Enforcement Services Fund (COPS-SLESF) allocates funds from the State to the City of Arcadia for front line police services and requires the Chief of Police of the local jurisdicrion to submit a plan for using the funds; and WHEREAS, the Chief of Police has submitted a written request (attached Exhibit A) to the City Council specifying front line law enforcement programs that aze necessary to meet the needs of Arcadia, with information as to the personnel, equipment, and programs that are necessary to meet those needs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: SECTION 1. A duly noticed public hearing was conducted on January 2, 2007, to consider the Police Chief's request for needed front line law enforcement services. SECTION 2. Having conducted a public hearing, the City Council authorizes the 1 :~~; e~enditure of funds allocated from COPS-SLESF to continue funding the existing crime analyst position. SECTION 3. The City Council determines and finds that the requests as set forth in Section 2 above comply with the requirements of Sections 30061 et seq. of the Government Code. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2007. ~ Mayor of the City of Arcadia ATT'EST: City Clerk of the City of Arcadia APPROVED AS TO FORM: ~r'~,,, ~. T ~~s~ Stephen P. Deitsch City Attorney 2 ;. ; .~ r RESOLUTION NO. 6544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING THE ARCADIA POLICE DEPARTMENT TO USE FUNDS ALLOCATED FROM THE CITIZENS' OPTION FOR PUBLIC SAFETY-SUPPLEMENTAL LAW ENFORCE- MENT SERVICES FUND (COPS-SLESF) FOR THE PURPOSE OF FRONT LINE POLICE SERVICES WHEREAS, Citizens' Option for Public Safety-Supplemental Law Enforcement Services Fund (COPS-SLESF) aliocates funds from the State to the City of Arcadia for front line police services and requires the Chief of Police of the local jurisdiction to submit a plan for using the funds; and a WHEREAS, the Chief of Police has submitted a written request (attached E~ibit A) to the City Council specifying front line law enforcement programs that are necessary to meet the needs of Arcadia, with informarion as to the personnel, equipment, and programs that are necessary to meet those needs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: SECTION 1. A duly noriced public hearing was conducted on January 2, 2007, to consider the Police Chief's request for needed front line law enfarcement services. SECTION 2. Having conducted a public hearing, the City Council authorizes the 1 ~ .-, expenditure of funds allocated from COPS-SLESF to continue funding the e~sting crime analyst position. SECTTON 3. The City Council determines and fmds that the requests as set forth in Section 2 above comply with the requirements of Secrions 30061 et seq. of the Government Code. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this Znd day of January , 2007. 1Sl ROCER CHANDLER Mayor of the City of Arcadia ATTEST: iSl ~AMES H. ~~RR : S City Clerk of the City of Arcadia APPROVED AS TO FORM: ~r~. ~'. T~-~;~~ Stephen P. Deitsch City Attomey 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, 7AMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing ResolutionNo. 6544 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 2nd day of January, 2007 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 !Sl JA~ES H. ~~RR S City Clerk of the Ciry of Arcadia 3 : a~. _, : • ~ \ 1 , . AMUa~ 1~ Iq1 ~ ~~~un1[yotN~~`+ STAFF REPORT Development Services Department DATE: January 2, 2007 TO: Mayor and City Council FROM: Don Penman, Assistant City ManagedDevelopment Services Director ~ Jason Kruckeberg, Community Development Administrator Prepared by: Silva Vergel, Business License Officer SUBJECT: 2007-08 Statement of Obiectives and Proiect Use of CDBG Funds Recommendation: Approve SUMMARY The Los Angeles County Community Development Commission (CDC) has advised the City that we will receive approximately $413,546 in Community Development Block Grant Funds for fiscal year 2007-08. Costs and project summaries must be submitted to the County by February 1, 2007. Staff recommends that the City Council approve the projects as set forth below for fiscal year 2007-OS. The objective of this program is to provide assistance to low and moderate-income families through the use of these funds, enabling them to participate in various community activities as well improve their property. The City has been a participant in the Community Development Block Grant program for approximately 33 years. Community Development Block Grant funds come from the U.S. Department of Housing and Urban Development (HUD) and are administered by the CDC for many cities in the County including Arcadia. Criteria for participation in the program has changed over the years, becoming more restrictive in order to encourage programs that meet the goals and objectives for the use of funds. As a result of these changes, Federal regulations allow a mazimum of 15% of a grantee's aggregate funds ($62,031) to be used for public service programs and require a minimum of 70% of the total funds to be designated for projects which support activities that benefit low and moderate income families (in previous years, the public services threshold was set at a maximum of 25%). Program administration expenses cannot exceed 10% of the annual allocation. Due to the general economic health of this community, Arcadia does not have any neighborhoods that meet the low and moderate income standard that qualify for CDBG funding. Therefore, the city is unable to implement certain projects, such as street improvements, that are generally eligible to low and moderate neighborhoods under the guidelines. -Public handicapped accessibility improvements are an eligible expense though administration of these types of projects is very staff intensive and staff has not typically recommended accessibility improvements with tHese funds. Exceptions to the above are the remodel of the City Hall restrooms to make them handicapped accessible as well as the handicap ramp to allow access to the upper level of the City Hall. In addition to the.above, the City will receive $10,305 in "unallocated funds". These are funds that have not been utilized from previous years and must be used for projects that will benefit Low/Moderate families. None of these "unallocated funds" can be used toward public services. The following is a summary of this year's projects (FY 2006-07) and the proposed projects for FY 2007-08: Housing Rehabilitation" Congregate Meals** Sr. Citizen Social Services" Meals on Wheels" Youth Program** Administration Total Current Projects Fiscal Year 2006-07 $384,728 $ 23,500 $ 23,100 $ 4,50~ $ 11,900 23 000 $469,728 Proposed Projects Fiscal Year 2007-08 $338,814• $ 23,500 $ 23,100 $ 4,500 $ 11,931 23 ~00 $424,845 * The 2007-OS Housing Rehabilitation budget reflects $10,305 in unallocated funds ~emaining from last FY. ** Public Service Program subject to only 15% of the 2007-08 allocation. The following is a list of cunent projects that are being undertaken during this fiscal year: Meals On Wheels -$4,500 (Public Service Proaram) The funds for this program helped offset operating expenses incurred by the American Red Cross to deliver two meals a day to approximately 40 homebound residents in Arcadia. 2007-8 CDBG Funds January 2, 20o7 Page 2 ;:~,;~ : ; Proqram Administration - $23,000 (Planninq/Administration) These funds offset the cost of annual general management, oversight, and coordination of the CDBG programs. Up to 10% ($41,354) of the annual aliocation can be utilized for administration of the program. The City and its contractors have not historically utilized more than $23,000 in administration, which allows us to allocate additional $18,354 to the Housing Rehab program. Youth Services Proqram -$11 931 (Public Service Proaram) This is an ongoing program directed to help youths 18 years and under who come from low-income families. This program sends youths to day camp, music club, educational field trips, summer camp and may subsidize band equipment and uniforms. Conareaate Meals For Seniors -$23,500 (Public Service Proaram This is an ongoing program providing senior citizens with a nutrition program that features hot noon-time meals, Monday through Friday at the Community Center. Information and Referral Pro9ram _~23,100 (Public Service Proaraml This ongoing program provides senior citizens with essential information to maintain independent living and healihy lifestyles. Specific services include: government benefits assistance (Medicare, social security, income tax, Medi-Cai, SSI), housing, transportation, legal assistance, in-home services, health services, and educational opportunities. Housinq Rehabilitation - $320,464 (LowlMod) This is an ongoing program assisting low/moderate income homeowners for necessary home improvements. A maximum grant of $12,~00 is recommended per household. The City assisted 25 homeowners in fiscal year 2006-07. This year, staff anticipates 21 homeowners wil{ receive assistance. The CDC has recommended that the City Council approve a program of activities with the provision to authorize the City Manager to approve amendments as necessary. 2007-8 CDBG Funds January 2, 2007 Page 3 i .. ~ RECOMMENDED PROGRAMS FY 2007-08 Due to the success of the fiscal year 2006-07 programs, staff is recommending the ongoing programs be continued and funded as represented in Table 1. Table 1 Pr'oject Na-iie ,~ ~ ~Fiscal Year. ~ ~ ` 2007=08'Proposed - Pro'ects` ~ Meals on Wheels ~ ~ $ 4,500 Pro ram Administration $ 23,000 Youth Services Pro ram $ 11,931 Con re ate Meais Pro ram $ 23, 500 Information/Referral Pro ram $ 23,100 Residential Housin Rehabilitation $338,814 Total $424,845 FISCAL IMPACT There is not a financial impact to the City to implement GDBG programs, as all funding including grant administration comes from the grant. However, staff does inciude CDBG program appropriations in the operating budget and is required to obtain City Council approval prior to expenditure of funds. RECOMMENDATION 1. Approve the allocation of funds as outlined in Table 1; or as modified by the City Council 2. Authorize the City Manager to: a. Modify the program allocation should amendments become necessary b. Execute the Memorandums of Understanding with the Los Angeles County Community Development Commission, which are submitted to the County at a later date. Approved: -"'^^~ pr~ William R. Kelly, City Manager 2007-8 CDBG Funds January 2, 2007 Page 4 i ~ ., +..,,,,. • ~~Mp.1YW c°~~°a~°y°~~°e`~ STAFF REPORT Office of the City Clerk DATE: January 2, 2007 TO: Honorable Mayor and City Council Members FROM: James Barrows, City Clerk }~ Lisa Mussenden, Interim Chief Deputy City Cierk/Records Manager Iln~~ !' SUBJECT: Resolution No. 6550 reciting the fact of the Special Municipal Election held on Tuesday, November 7, 2006, declaring the results and such other matters as provided by law Recommendation: Adopt SUMMARY: On November 7, 2006, the City had a special municipal election consolidated with the general municipal election. The County Clerk has canvassed the returns of said election and the Registrar of Voters has certified the results. RECOMMENDATION: That the City Council adopt Resolution No. 6550 reciting the fact of the special municipal election held on Tuesday, November 7, 2006, declaring the results and such other matters as provided by law. APPROVED: tJw"--- `=J William R. Kelly City Manager ~ RESOLUTION NO. 6550 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 7, 2006, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, Special Municipal Election was held and conducted in the City of Arcadia on Tuesday, November 7, 2006, as required by law; and WHEREAS, notice of the election was given in the time, form and manner as provided by law; voting precincts were properly established; election officers were properly appointed; and in all respects the election was held and conducted, the votes were cast, received and canvassed and the returns made and declared in the time, form and manner as required by the provisions of the City Charter; and WHEREAS, the County Election Department has canvassed the retums of the election and has certified the results to the Arcadia City Council, and the results are received, attached and made a part hereof as "Exhibit A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORI~TIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The total number of ballots cast in the precincts, except absent voters, was 9,864. 1 ~ T'he total number of absent voter ballots cast in the City was 6,034, making a total of 15,898 ballots cast in the City. SECTION 2. The measures voted upon at the election are as follows: MEASURE N Shall the initiative ordinance of the People of Arcadia amending the Arcadia General Plan to specify a goal of prohibiting signs not commensurate with commercial uses as determined by the Municipal Code (such as off premise advertising sign boards or rooftop signs, or animated signs), and to restrict signs in the areas zoned as mixed use, horse racing, or special use to sign types specifically pernutted in commercial zones, be approved? MEASURE P Shall the initiative ordinance of the People of Arcadia amending Arcadia's Municipal Code to require "Large Retail Developments" to provide 100% of the total number of off-street parking spaces free of charge without time limits or validation, except for up to 10% of the total number of off street parking spaces for which fees may be charged or validation allowed for valet parking, be approved? SECTION 3. The number of votes given at each precinct and the number of votes given in the City for and against the measures are listed in Exhibit "A" attached hereto. As a result of the election, a majority of the voters voting on the measures relating to "N" and "P" did vote in favor of it, and the measures were carried, and shall be deemed adopted and ratified. Z , SECTION 4. The City Clerk shall enter on the record of the City Council of the City, a statement of the results of the election, showing (1) the whole number of ballots cast in the City; (2) the measures voted upon; (3) the number of votes given at each precinct for and against each measure; and (4) the total number of votes given for and against each measure. SECTION 5. 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 APPROVED AS TO FORM: ~f~~~ ~• lc~~ti~ City Attorney 3 ~ m W ~ a a M Z ' ~ J O N ~ W l V a - N r a R~ M w Ua f Q W 7 ~ ~ U Z Q Q: W Q ~ w 2 ~ J 6 . U a N Z F- ~ - f. 1 Z M K Q ~ K W W as > Z O w U W J W J Q C W _ W l7 N W J W Z Q N 0 J O Y`` ? U N f.l N H Q O M IL U O LL Z O ~ Q i- M ~ LL N ~ ;Cf t~.l~ 1~ e0 :M ~ O' V f0 Ifl ~ O h:.- W OI L~ CL N'. ~ O cD O ~ V~ 1~ O ry'~.;LNV~tVn'~N.~•:~t~1~0~'M:OONSO<O'.~ N/DQIN~.t~[0 2 n:'Tmnov+¢+rr-:mainC nar~~.mromvv~~ino~~vmri~~m ~;1•.••~~nnnNi~:~.a~~Ytmtv~~.e~a,~vYf~~:vminilfMM:.~~ ;1~~~~~.. F::~~ . ~ .. ~ ~ir+,'~~ N W Y N::W ViNNO'I~Rf~~l9a0NP7TO3~.Nl~~atlOlO'~.OOIDYJCi/O~OlaOCI~ItP: ':V N N N t'~ al N~~. 00 m OI (V''. ~ Q N OQ i~/ GY fb O t~ tV W ~4l'~::et l~ 00 fl w iY~ V::N '~.O . . , p.rya-n~ c+~~:.- .+ ~ r.-:,~ ~ ;r a ~ ~ ~Q LD'.O~m[Ol~'JLY~'.N~N~Prt.:hC9NlP A7::M10 Yf00: pITW1~Ol.- q 1 1 NIDI~f lN~' ~M*' + ~ ' `~ w' '': ' {"; ! 'e , +'::'~ 1M~N~OVYO .! ~ MIbO`OIDODi ' ~ ~ .- ;':V a :~Oammrom~60~~:raamWm~.a~DroMtrtln~:omne-Gt7.0enbm: aMin' . 1~YIfY~' ~ + ' ' ~~.a Sm V1 <Q;1~mOrpqr[ lVN _l n ~.000[-. MNNmvO.W PN m~'OWtl){'lf'1:YWN~.I'1NNNl9i~E'.fVfVMNlRLM~.lVf9C1ClMM:fhl'1NMH': : OI- .: :W J Q m U ~ [9Dl~OlO~:WM-{O~NMOt7001~'.fV1~0qEC.-'.mm1~NPOl'lVtOmKtO' ~tN Q O!!YOmmOI'OAt9w~rlfll~I`~014l~.~WNw~fRT~.N~oDOVIt0~.0tV111TW: :~ mammnnvmm:mnmm~m~armmma~:mmmmmm~.mmnwm-. •- ` Fz In O r >a H M ~ f K d¢¢¢464~¢G¢d4d;Q¢¢KQ616Q¢md4lQ¢¢4Q~~~. 4Q ' ~} 9t~'IVOOOONNNfD1~D0; Nl~9t~OMt~ ~~'mNNNN T DO00~~ : p p oQ o Q NNN NN ~ N ~ N ~ p NN N Q a ~ (1111~. Y I3 NN: 111~ 1fI flpi ll'~.Y I II N1M1111: III Y UIy1N1O 1I1 !~ M t'1 l9 f'1 (9 {'i RA Pl:l~ M l'1 W{~ t~3:M I~l t~l Pl OJ ['i:Cl C! M N l9 i~]: Cl C! {'l M{9: : D;CYC,?.;OOOC80,-0000Z70;OO0000;0OOOOC!00000; ," W O W ~ C a ~ ~ ~ %Q f M D U 3/- ~Q;Q6QQQQQ4;Q6QQ46:QQQQQ4-QQQ4R<6QQKQ: '~.U WNNMMNWW;MMMWMI~V:MI'~IMNMtM-MMN~IMY!IMMMWW- M ~Z . a~°aa°a9~g:°a°a°aa~°a°a°a°ag~a°a°a°aa°g;}~°a°a°a°a°a' :u ~::a~rcz~rc~az:szcrc~~:~rcrcc~z~:zzrczrc~~zzzz: ~ ~ ` ~ :~ daaa.xa; daaaacaaaaa daaaa;:aaaa ~a; aa¢;a a EXH~EIT "~" ~ Gerl~cate of ffie canv~s of t6e e1~on retmus I, CONNY B. McCORMACK, Registrar-Recorder/County Clerk of the County of Los Angeles, of the State of California, DO HEREBY CERTIFY that pursuant to the provisions of Section 15300 et seq. of the California Elections Code, I did canvass the returns of the votes cast for each elective office and/or measure(s) in ARCAD/A C/TY at the General Election, held on the 7th day of November, 2006. I, FURTHER CERTIFY that the Statement of Votes Cast, to which this certificate is attached, shows the total number oJ ballots cast in said jurisdiction, and the whole number of votes cast for each candidate and/or measure(s) in said jurisdiction in each of the respective precincts therein, and the totals of the respective colu`-tns and the totals as shown for each candidate and/or measure(s) are full, true and correct. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 4th day of December, 2006. ~OO~ ' .,~y~ i: ~"r<~ !~ . G/'/•~ `"c~~ _"Cp % .fL~i ~~... F ~,. _~~~- ~~~} COf~~V B. McCORMACK ~e Registrar-Recorder/County Clerk ~~ County of Los Angeles ; - ~, RESOLUTION NO. 6550 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUr1ICIPAL ELECTION HELD ON TUESDAY, NOVEMBER 7, 2006, DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, Special Municipal Election was held and conducted in the City of Arcadia on Tuesday, November 7, 2006, as required by law; and WHEREAS, notice of the election was given in the time, form and manner as provided by law; voting precincts were properly established; election officers were properly appointed; and in all respects the election was held and conducted, the votes were cast, received and canvassed and the returns made and declared in the time, form and manner as required by the provisions of the City Charter; and WHEREAS, the County Election Department has canvassed the returns of the election and has certified the results to the Arcadia City Council, and the results are received, attached and made a part hereof as "Exhibit A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1: The total number of ballots cast in the precincts, except absent voters, was 9,864. 1 The total number of absent voter ballots cast in the City was 6,034, making a total of 15,898 ballots cast in the City. SECTION 2. The measures voted upon at the election are as follows: MEASURE N Shall the initiative ardinance of the People of Arcadia amending the Arcadia General Plan to specify a goal of prohibiting signs not commensurate with commercial uses as determined by the Municipal Code (such as off premise advertising sign boards or rooftop signs, or animated signs), and to restrict signs in the areas zoned as mixed use, horse racing, or special use to sign types specifically permitted in commercial zones, be approved? MEASURE P Shall the initiative ordinance of the People of Arcadia amending Arcadia's Municipal Code to require "Large Retail Developments" to provide 100% of the total number of off-street parking spaces free of charge without time limits or validation, except for up to 10% of the total number of off street parking spaces for which fees may be charged or validation allowed for valet parking, be approved? SECTION 3. The number of votes given at each precinct and the number of votes given in the City for and against the measures are listed in Exhibit "A" attached hereto. As a result of the election, a majority of the voters voting on the measures relating to "N" and "P" did vote in favar of it, and the measures were carried, and shall be deemed adopted and ratified. 2 SECTION 4. The City Clerk shall enter on the record of the City Council of the City, a statement of the results of the election, showing (1) the whole number of ballots cast in the City; (2) the measures voted upon; (3) the number of votes given at each precinct for and against each measure; and (4) the total number of votes given for and against each measure. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. Passed, approved, and adopted this Znd day of January , 2006. ~S/ ROGER CHAND~ER Mayor of the City of Arcadia ATTEST: l~ JI~MES He ~~RR~WS City Clerk APPROVED AS TO FORM: ~r~~c'ti. ~'• ~~}e~ 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 ResolutionNo. 6550 was passed and adopted by the City Council of the Ciry of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 2nd day of January, 2007 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 IS/ JAI~ES H. ~~RR S City Clerk of the City of Arcadia 4 ,> ~ ~ W W V' Q a .~ z i ~ J a e3 n r r m:r r O:O 10 If1 ~ G T~~. ~- ~0 W i'~ Gt i~! ~ V[O ~'4f: i~ O 10 A 4: ~ ~ W 1~ f0 - , 411A~.[~a0m+~0- ~.00NiO~Fi3.~'~1f1 Q~~.INP~I~~OM[*:arn0~"lq M V W ~. O G N N.- a ~ .- tV .-::~ ~ ~ ID ~ 10 ~ LV r N W ' a - N n Z f W Ud ~ N'.-P]t~OC1@hh~ooVNON#~.WmWV~VRY~.IDO.-Na0l7~.r'lOOblrt~~. O V tl: fL 4!'w^Nl~hd'~:O~~IfiOlr~:d~N'sR+qM'.YWN114'T'~.FI~C^r-: N ~ F Q W ~ ~ ~ ~ ~. - ~ O 1 11 w r~ K a r) ir U Z Q N LL' W W QE Y w Z E J Q LYiWO1111100i~~flf~WeDNWO/Cf-N1~~00p tO~.00f0Y7 IOOImC91Rl"•~: eDOIMM~ h~ ~ O O lV C/ m {A n i : IWaO ~.NNN 44VfGOt~lV810?i~:dl~cOGwIV~.~ONC{1NO v .. ~~.. a ~ ~: tr .-~.~ .- .- ~ r a ~o a ;n r. W , a w ~ ° z M Uz ~ Cinmrm~amm~.O~mmmn~.m.-inv.-.-:rinu~ro~ri[om.-ysm~. a in : oPNSM'~.N~O~lrott~.W~r~~"~.MmuIMiRM'IDOI'w: 0l16S9^v~D S O to f7 Qw , •• •- ' ' O M w K . h U Q ~ K W W as a ~wmmr~mrp6~~.raamtpm.a`oMmuiw.amn*-~~oaa~m~: a b ` ~ ' ~ a 0 a M ia : OI lNiq .+rr r~ ~.rmo~-p9p ~.1~~ ~OOOt~.~m N 1ninN~ao~tyiY : f+1NNNOlLH~N/VMNMC+7-~NMMiQRX+/MMNC/N: p~~p{q{+flhf~f~Ott!I~~ m ~ ~ ; OF , U Z Q O w ~ ~ (~j -.lVIqOWLCA~.N1~10~}EO~:MOIhN1~DiNlOeDV'[0' i Ot~.'i~C~010~O1.-ip N lV iw ~ ~ W Cfl01cD011'Alyr-.1'~NI~I`~OFStl~.~O11I1MV V'.N~ro001SOONIfIhW 4 Ot'~ N ~6 . m~.amm~rammmnrmnm~.mnmmmar~.mmromaemmm~orm: ~ fV !9 W rZ N ~ /1 O J ~+ r+ Q [7 F W C w d¢¢Q<4•[4¢¢drCC6¢¢dQCQ¢¢mQGQ¢Q4~i <fi ~ ~ a ruNiumimnp'S u~ ~we°vrmiN~MMrooiaoaaw O~M~~-m C O r v i V p f} S O S~i(~J p N ~ N N ~ ~ N ~ ~ ~ ~ q ~ ~ ~~ 1 (1 {Ii i{t If/ I fl 1 f1 If1 # f1-~.I fl -1{1 N N N~ N ~~. N l 1 t1 ~ If! M~. Yf yi UI N I y ~ IA O)~.[q W C! {'1 C/ Cl lh 39:C! Cl Cl W Cl P!'.lD M M CJ M Rf~.M M M CO R M C~l f0 M M{!! w w coorooooaooooooqooocooooooaooooo0 ~ a ~ c~ > > ..~ w ~ : m U D ., ~ a Q Q '?a : ~ {- Y ! LL Z ~ ~ LL ~ M - ~ ~ : ~ O J W Z U ~~ C4 ~ U w - ~ s Q ~6kS4¢¢!RKit¢¢¢~[<C:6Q¢4+i~Q6Q4K4Q¢¢ 4 ~ FI~ i41HY4MWMMYiI yW iF(~4 HMMNk{MHMMWNW"MNMW T M{1+[W L Y~ j LLN p a p (] p ~~dQQQ~~a~~~.°a°a°a~~°a:°a°a°aQ4C@~.QQQ~~~QQ44Q U W ~ '. U C,l S3 V U fJ ~~ i1 L7': V U f.l t7 L1'U U U i? f~ G!. V U U LJ [~,1 U[] U C} CJ ~rcarczrc~src:~rcrc~tr~~.azz~arc~.~~rc~rcfi. a~~o" c~ W rc N m ~: : -r - daaaa scaa;:aaaa~t~aaaa¢a~ataaa~¢Qaaaaa~¢~e a a ::c~ < EXH~~BT "~-" . -. ~~ ii ~i~ ~ 1~Ii ~~ ~ ~ ~ ~iiW LLl I, CONNY B. McCORMACK, Registrar-Recorder/County Clerk of the County of Los Angeles, of the State of California, DO HEREBY CERTIFY that pursuant to the provisions of Section 15300 et seq. of the California Elections Code, I did canvass the returns of the votes cast for each elective office and/or measure(s) in .4/QCAD/A CITY at the General Election, held on the 7th day of November, 2006. I, FURTHER CERTIFY that the Statement of Votes Cast, to which this certificate is attached, shows the total number of ballots cast in said jurisdiction, and the whole number of votes cast for each candidate and/or measure(s) in said jurisdiction in each of the respective precincts therein, and the totals of the respective columns and the totals as shown for each candidate and/or measure(s) are full, true and correct. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal this 4th day of December, 2006. '~~ ~/f L' ~'Y'~7~-~~. COf~PIY"B. McCORMACK Registrar-Recorder/County Clerk County of Los Angeles - ~ ~~ ~ ~:_~, --.•- . QylITI' (un+~' UO AR~ ~ A ±"`°Rp~R~T$°-'°°ro STAFF REP4RT Development Services Department DATE: January 2, 2007 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Director ~ Philip A. Wray, City Engineer ~F~„ti Prepared by: Rafae! Fajardo, Assistant Engineer ~_ SUBJECT: Acceptance - Traffic Siqnal Install_ation at First Avenue and Santa Clara Street Recommendation: Accept all work performed by Oak Engineering, Inc. for the Traffic Signal Installation at First Avenue and Santa Clara Street as complete and authorize the final payment to be made in accordance with the contract documents SUMMARY On January 17, 2006, the City Council awarded a contract to Oak Engineering, Inc. in the amount of $156,975.00 for the construction of the Traffic Signal Installation at First Avenue and Santa Clara Street. There were two change orders in the total amount of $7,211.93. The terms and conditions of this project have been complied with and the required work has been performed to staff's satisfaction for a total construction cost of $164,186.93. Staff recommends that the City Council accept all work performed by Oak Engineering, Inc. as complete and authorize the final payment to be made in accordance with the approved contract documents. DISCUSSION In the 2001/2002 Fiscal Year Capital lmprovement Program, staff budgeted $150,000.00 for the Traffic Signal Installation at First Avenue and Santa Clara Avenue. The project was delayed for several years due to coordination with the Gold Lline Light Rail planning efforts. The project was advertised for bids in November 2005 and on January 17, 2006 the City Council awarded a contract to Oak Engineering, Inc in the amount of $156,975.00. The City Council also approved an additional appropriation of $58,000 to cover total project costs. ,r;~ _ ,.:. ~. Staff Report Acceptance - Traffic Signal First & Santa Clara January 2, 2007 Page 2 In addition to the work originally covered by the contract, two change orders were issued for this project. The first change order was for the installation of a 3-inch diameter conduit from the power pole to the service cabinet requested by Southern California Edison. The second change order was for the installation of an additional signal head and pole as requested by the Southern California Regional Rail Authority/ Metrolink as the responsible rail entity. The change order amounts are as follows: CO# DESCRIPTION AMOUNT 1 Installation of a 3-inch Dia. Conduit per SCE $4,200.00 2 Installation of new head on Pole per MTA 3 011.93 Total $7,211.93 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 Oak Engineering, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to retention of $8,209.35. FISCAL IMPACT Funds were budgeted in the 2001-2002 Capital Improvement Program in the amount of $150,000.00 for this Traffic Signai Installation at First Avenue and Santa Clara Street. At the time of award of contract for the construction, the City Council appropriated an additional $58,000 to cover the project costs. The total appropriation of $208,000 is sufFicient to cover the project costs. RECOMMENDATION That the City Council accepts all work performed by Oak Engineering, Inc for the Traffic Signal Installation at First Avenue and Santa Clara Street as complete and authorizes the final payment to be made in accordance with the contract documents. Approved By: ~ WILLIAM R. KELLY City Manager DP:PAW:RF:pa ' . ..:~ ;- :~ ~.~" m ~ x RCAD JNCORp~RAT~9',BOA STAFF REPORT Development Services Department DATE: January 2, 2007 TO: Mayor and City Council FROM: Don Penman, Assistant City an~ger/Development Services Director~ Philip A. Wray, City Engineer~~P.; Prepared by: Rafael Fajardo, Assistant Engineer ~=~=. SUBJECT: Acceptance - Traffic Siqnal Mast Arm and Pole Replacement Santa Anita Avenue and Foothill Boulevard Recommendation: Accept all work performed by Freeway Electric for the Traffic Signal Mast Arm and Pole Replacement at Santa Anita Avenue and Foothill Boulevard as complete and authorize the final payment to be made in accordance with the contract documents SUMMARY On July 18, 2006, the City Council awarded a contract to Freeway Electric in the amount of $80,346.00 for the construction of Traffic Signal Mast Arm and Pole Replacement at Santa Anita Avenue and Foothill Boulevard. There were two change orders in the total amount of $11,593.00. The terms and conditions of this project have been complied with and the required work has been perFormed to staff's satisfaction for a total construction cost of $91,939.00. Staff recommends that the City Council accept all work performed by Freeway Electric as complete and authorize the final payment to be made in accordance with the approved contract documents. DISCUSSION In the 2006/07 Fiscal Year Capital Improvement Program, staff budgeted $85,000.00 for the Replacement of the Traffic Signal Mast Arms and Poles at the Intersection of Santa Anita Avenue and Foothill Boulevard. The project was advertised for bids in June 2006 and on July 18, 2006, the City Council awarded a contract to Freeway Electric in the amount of $80,346.00. The project brought the subject intersection into conformity with present standards. The project consisted of the installation of four (4) mast arm poles for the north/south and easUwestbound traffic movements. The new signal improvements will improve the safety of the intersection by complying with the current traffic engineering standards of ' ~" '~ ~ Staff Report Traffic Signal Mast Arm & Pole Replacement Santa Anita Avenue & Foothill Boulevard January 2, 2007 Page 2 providing mast arm and pole mounted signal heads and eliminating the median poles and heads. In addition to the work originally covered by the contract, two change orders were issued for this project. The first change order was for a temporary signal pole that was needed during the pole replacement activity. The temporary pole was necessary due to the limited space on the northeast corner to place the foundation for the new pole. This temporary pole allowed the least disruption to public. The second change order was for the installation of pedestrian push buttons per the American Disability Act (ADA). The amounts are as follows: CO# DESCRIPTION AMOUNT 1 Installation of a Temporary Pole and Signal Head $9,293.00 2 Installation of Pedestrian Push Buttons 2 300.00 Total $11,593.00 Prior to negotiating a final amount for the first change order, staff made a formal recommendation to the City Council for an additional appropriation to the pro}ect budget to cover the potential cost. On October 3, 2006, City Council appropriated an additional $15,000.00 to cover the installation of a temporary pole and signal head for the duration of the installation of the new foundation and pole. The terms and conditions of this contract have been complied with and the work has been performed to staff's satisfaction. Staff recommends that the City Council accept all work performed by Freeway Electric as complete and authorize the final payment to be made in accordance with the contract documents, subject to retention of $9,193.90. FISCAL IMPACT Funds were budgeted in the 2006-2007 Capital Improvement Program in the amount of $85,000.00 for the Replacement of the Traffic Signal Mast Arms and Poles at the Intersection of Santa Anita Avenue and Foothill Boulevard. The City Council also appropriated additional funds in the amount of $15,000.00 to cover the additional work. The total amount of appropriated funding is sufficient to cover the total project cost. • `~-'~'' ~ StaffReport Traffic Signal Mast Arm & Pole Replacement Santa Anita Avenue & Foothill Boulevard January 2, 2007 Page 3 RECOMMENDATION That the City Council accepts all work performed by Freeway Electric for the Traffic Signal Mast Arm and Pole Replacement Santa Anita Avenue and Foothill Boulevard Project as complete and authorizes the final payment to be made in accordance with the contract documents. Appraved By: DP:PAW:RF:pa ~~ WILLIAM R. KELLY City Manager Attachment ~ ~Fy _f~A a ^ • ~1~ ~ ~ ~C~R~'OftATID9~~eo' STAFF REPORT Development Services Department DATE: January 2, 2006 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Directo~ Philip A. Wray, City Engineer~ui Prepared by: Rafael Fajardo, Assistant Enginee ~( SUBJECT: Acceatance - Fiber Optic Cable Installation Proiect Recommendation: Accept all work performed by KDC INC. dba DYNALECTRIC for the Fiber Optic Cable Installation Project as complete and authorize the final payment to be made in accordance with the contract documents SUMMARY On May 16, 2006, the City Council awarded a contract to KDC INC. dba DYNALECTRIC for $315,653.60 for the construction of Fiber Optic Cable Installation Project. There were three change orders in the total amount of $56,074.20. The terms and conditions of this project have been complied with and the required work has been performed to staff's satisfaction for a total construction cost of $371,727.80. Staff recommends that the City Council accept all work performed by KDC INC. dba DYNALECTRIC as complete and authorize the final payment to be made in accordance with the approved contract documents. DISCUSSION Working with the Los Angeles County Department of Public Works, the City, as part of the San Gabriel Valley Traffic Forum (SGVTF), is developing an Intelligent Transportation Systems (ITS) improvement project. The goal of this project is to improve traffic flow and enhance arterial capacity in a cost-effective way. In the 2005/2006 Fiscal Year Gapital Improvement Program, staff budgeted $375,000.00 for the Fiber Optic Cable Installation Project. The project was advertised for bids in April 2006 and on May 16, 2006, the City Council awarded a contract to KDC INC. dba DYNALECTRIC for $315,653.60. In addition to the work originally covered by the contract, three change orders were issued for this project. The first change order was for the repair of a damaged conduit ,~., ~ " Staff Report Acceptance - Fiber Optic Installation Project January 2, 2007 Page 2 and fiber optic line on Huntington Drive in front of the Methodist Hospital. A contractor doing work for the hospital severed the line, which was unmarked, while excavating for a new water service connection. The City did not mark the line, and therefore the contractor could not be blamed for the damage, because the line had just been installed and had not yet been included in the City's underground utility inventory/data base. The second change order was the re-configuration of the existing fiber modem connections from the Council Chambers to the Engineering office in City Hall. The contractor detected a problem in the design and thus needed to re-configure the connections in the field. The third change order was for the installation of additional conduit at Gate 1, Second Avenue and Gateway Drive. These sections of conduit that were initially identified as being useable were found to be either damaged, non-existent or currently in use. At one location the conduit was crushed or blocked and could not be used, and the other locations did not have conduit available for the fiber optics cable. The amounts of the change orders are as follows: CO# DESCRIPTION AMOUNT 1 Repair damaged fiber optic conduit $17,800.00 2 Re-configuration of fiber modem $ 1,664.00 3 Installation of additional conduit at various locations $36.610.20 Total $56,074.20 The terms and conditions of this contract have been complied with and the work has been pertormed to staff's satisfaction. Staff recommends that the City Council accept all work performed by KDC INC. dba DYNALECTRIC as complete and authorize the final payment to be made in accordance with the contract documents, subject to retention of $37,172.78. FISCAL IMPACT Funds were budgeted in the 2005-2006 Capital Improvement Program for $375,000.00 for Fiber Optic Cable Installation Project. There are sufficient funds to cover the total project costs. RECOMMENDATION That the City Council accepts all work performed by KDC INC. dba DYNALECTRIC for the Fiber Optic Cable Installation Project as complete and authorizes the final payment to be made in accordance with the contract documents. Approved By: ~~ WILLIAM R. KELLY City Manager DP:PAW:RF:pa ~ ' ~4v ~^~ '"JT'~ . ' { ~ li ~ ' f~~ `"°~L~~~~ STAFF REPORT Public Works Services Deparhnent DATE: January 2. 2007 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Direct I Prepared by: Lubomir Tomaier, Principal Civil Engineer Mark Rynkiewicz, Associate Civil Engineer SUBJECT: SUMMARY On October 17, 2006 the City Council awarded a contract to Parsam Construction Inc. in the amount of $140,048 for the construction of the Peck Road Plant Security Wall. The terms and conditions of this project have been complied with and the work has been performed to staff's satisfaction for a total project cost of $143,340.18. This amount reflects the original contract amount of $14~,048 plus two (2) contract change order (CCO) totaling $3,292.18 or 2% above the original contract amount. Staff recommends that the City Council accept all work performed by Parsam Construction Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $14,334.02. DISCUSSION The Public Works Services Department is responsible for the maintenance, security, and operation of Peck Road Water Plant. This Plant is an essential water pumping facility with a well capacity flow rate of approximately 3,400 gallons per minute. A water system vulnerability study has been conducted for all city water facilities. The study determined that the security systems around Peck Road Water Plant were inadequate. The best solution to improve security around Peck Road Plant was to construct a 700 foot long, 8 foot tall masonry block wall around the perimeter of the well including steel electronic access gates. The terms and conditions of this contract have been complied with and the work has been performed to staffs satisfaction. Page 1 of 2 RE7ENTION OF $14.334.02 RECOMMENDATION: APPROVE ~' y Y~\ Mayor and City Council January 2, 2007 In addition to the work originally covered by the contract, the contractor also performed the following work: CCO # Description ` Amount 1 Modification of footing and additional foundation concrete <$2,872.18> 2 Welded modifications to gate frame for security purposes <$420.00> Total Change Orders <$3,292.18> Staff recommends that the City Council accept all work performed by Parsam Construction Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to retention of $14,334.~2. This amount reflects the original contract amount of $140,048 plus two (2) contract change order (CCO) for $3,292.18 or:2% above the original contract amount for a total contract amount of $143,340:18. ENVIRONMENTAL ANALYSIS - This project is categorically exempt per Section 15302 (c) replacement from the requirements of the California Environmental Quality Act. FISCAL IMPACT $93,300 is budgeted in the 5ecurity Wall at Peck Road Water Facility project budget in the 06/07 Capital Improvement Program from the Water Reserve Fund. $54,000 is funded through the Homeland Security Administration Block Grant Program. RECOMMENDATION 1. Accept all work performed by Parsam Construction Inc. for the Peck Road Plant Security Wall as complete. 2. Authorize fi~al payment to be made in accordance with the contract documents, subject to a retention of $14,334.02. Approved by: ~ 1i°~ William R. Kelly, City Manager PM:LT:mn Attachment: Location Map - Exhibit "A" Page 2 of 2 `~ ~~ ~ ATTAC H M E NT A PROJECT LOCATION MAP ~~ PROJECT LOCATION p~ •. _ `1 • .., ... . ~ . ~ ~ I ' pF R ,., r ~ c.~~caoq,yf~ f . - "~ ~ l ~Yl~ ~ ~' ~ ~'+~ ;::~s: ~,~~ `°°~~~~~=Y~{~t~~~`' STAFF REPORT Office of the City Attorney DATE: January 2, 2007 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JAMES BARROW, CITY CLERK ~/_/~ BY: LISA MUSSENDEN, INTERIM CHIEF DEPUTY CITY CLERK `-rUl SUBJECT: ADOPT RESOLUTIONS CALLING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION FOR SUBMISSION OF A PROP~SED ORDINANCE TO LlMIT EMINENT DOMAIN AND TO Ballot Title: Initiative Measure To Amend The Arcadia Municipal Code To Limit The Use Of Eminent Domain, To Promote Economic Development And To Protect Existing Land Uses In The Central Business District Zone Recommendation: Adopt Resolution Calling For Measure to be Submitted to Voters at Special Election (to be combined with the special election currently scheduled for May 8, 2007) SUMMARY: Pursuant to Elections Code Section 9222, the City Council may submit a legislatively-sponsored initiative directly to the voters by adopting a resolution ordering a special election on the measure. Elections Code Sections 9218 and 9221 permit the City Council to place conflicting iniYiatives on the same ballot; the measure that receives the most votes takes precedence in an initiative election. BACKGROUND: On November 21, 2006, the City Council adopted Resolution No. 6545 ordering a special election on 'An Initiative Measure to Amend the General Plan and Zoning Regulations Relating to Permitted and Prohibited Uses within the Central Page 1 of 3 PREPARE AN IMPARTIAL ANALYSIS Business District Zone" ("Initiative"). If approved by the voters, the Initiative would prohibit new automobile sale, storage, and repair services from being established in the city block bounded by Santa Anita Avenue, Morian Place, and Huntington Drive (`City Block") and would establish a two-year moratorium on existing auto-related uses in the City Biock. If approved, the Initiative also would prohibit the expansion of Rusnak Mercedes into the City Block, which likely would have the effect of decreasing the amount of revenue paid into the General Fund by Rusnak. The City may submit its own competing initiative to 1he voters on the same ballot as the Initiative. If both pass, whichever of the two initiatives receives the most votes prevails. Unlike the Initiative, the City's proposed initiative would eliminate the use of eminent domain by the Redevelopment Agency on the City Block and throughout the Centra{ Business District Zoning Area and would protect al{ existing land uses in the City Biock. If the voters approve the City's proposed initiative, auto-related uses would continue to be permitted within the City Block as they are under current zoning. At this point, the City Council can elect to pursue one of the following courses of action: 1. Allow the special election on the Initiative to proceed without the proposed competing measure on the same ballot; 2. Order a special election on the proposed competing initiative to be held on the same date, May 8, 2007, as the special election on the Initiative. RECOMMENDATION: The City Council may choose one (1) of the foflowing two (2) options regarding the competing initiative, A. Adopt the attached two (2) resolutions ordering the proposed competing initiative to be submitted to the voters at the same special election as the Initiative on May 8, 2007; and setting priorities for filing written arguments and directing the City Attorney to prepare an impartial analysis. B. Take no further action and allow the Initiative to proceed to the ballot at the special election set for May 8, 2007. Should the City Council wish to place the measure before the voters pursuant to option A, the following specific resolutions require adoption: Page 2 of 3 ~ ;,~, „~. ~ :~ , ~~.,_ CITY SPECIAL ELECTION (OPTION A) • Resolution No. 6551 ordering the submission to the qualified electors of the City of Arcadia at the special municipal election to be held on Tuesday, May 8, 2007, of a certain measure relating to eminent domain ' and to permitted land uses in the calling and giving notice of the holding of a special municipal election for the submission to fhe voters of a certain measure relating to eminent domain and to permitted land uses in fhe Central Business District Zone. • Resolution No. 6552 setting priorities for filing written arguments regarding a City Measure and directing the City Attorney to prepare an impartial analysis for the measure. APPROVED: t~~ William R. Kelly . City Manager =?Attachments Page 3 of 3 RESOLUTION NO. 6551 A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF ARCADIA, CALIFOR1vIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF ARCADIA AT THE SPECIAL MLJNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 8, 2007 OF A CERTAIN MEASURE RELATING TO EMINENT DONIAIN AND TO PERMITTED LAND USES IN THE CENTRAL BUSINESS DISTRICT ZONE WHEREAS, a Special Municipal Election on Tuesday, May 8, 2007 has been called by Resolution No. 6545 adopted by the City Council on November 21, 2006; and WHEREAS, the City Council now desires and intends to submit to the voters at said Special Muivcipal Election a proposed ordinance relaring to eminent domain and to permitted Iand uses in the Central Business District Zone. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORIVIA, DOES HEREBY, FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council, pursuant to its right and authority, does order subinitted to the voters at the May 8, 2007 Special Municipal Election the following question: 1 ~, f-d$ ~' t:hSxF v . I ~..5 Shall an ordinance amending the Arcadia Municipal Code to limit the use of eminent domain, to promote economic development and to protect existing land NO uses in the Central Business District Zone be adopted? SECTION 2. The proposed measure submitted to the voters is attached hereto as Exhibit "A". SECTION 3. In all particulars not recited in this Resolurion, the Special Municipal Election shall be held and conducted as provided by law for holding ` municipal elections. SECTION 4. Notice of the time and place of holding the election is given as set forth in City Council Resolurion No. 6545, and the City Clerk is - aiithorized, instructed and directed to give further or addirional notice of the election, in time, form and manner as required by law. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 2 Passed, approved, and adopted this day of , 2007. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: O v'T'v"'~^ 1' . ~G~~Wd~L~ City Attorney 3 ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE TO LIMIT THE USE OF EMINENT DOMAIN, TO PROMOTE ECONOMIC DEVELOPMENT AND TO PROTECT EXISTING LAND USES IN THE CENTRAL BUSINESS DISTRICT ZONE WHEREAS, on November 21, 2006,"An Initiative Measure to Amend the General Plan and Zoning Regulations Relating to Permitted and Prohibited Uses Within the Central Business District Zone" ("CBD Measure") qualified for a Special Municipal Election pursuant to Califomia Elections Code Section 9214; and WHEREAS, under the exisring Arcadia General Plan and Arcadia Municipal Code, automobile sale, storage, and repair services are pernutted on the city block bounded by Santa Anita Avenue, Morlan Place, and Hunrington Drive ("City Block"); and ' WHEREAS, it is important to the City that the autamobile sale, storage, and repair services be permitted to continue on the City Block to enhance and generate general fund revenue to pay for necessary city services and city improvements; and. WHEREAS, the CBD Measure would amend the Arcadia General Plan and Arcadia Municipal Code to prohibit automobile sales, storage, and repair services, and their expansion, on the City Block; and ~~~~~~ ~~~ 1 WHEREAS, the CBD Measure also would require the amortization of exisring automobile sales, storage, and repair services on the City Block within two years of the measure passing and would create additional permitted uses on the City Block for businesses exisring prior to January l, 2006; and WHEREAS, the City Council finds and declares that the promotion and encouragement of economic development in the City is vital to the City's continued existence; and WHEREAS; the City Council finds that providing property and business owners' certainty regarding tfie return on their investments effectively promotes and encourages economic development in the City; and WHEREAS, the City Council finds that protecting existing permitted land uses within the City provides property arid business owners with certainty regarding the return on their investments; and WHEREAS, the City Council finds that prohibiting the use of eminent domain for the purpose of transferring private property to private enrities is an effective means of protecting existing permitted land uses within the City; and WHEREAS, California Elections Code Section 9222 vests a City Council with legal authority to place on a ballot any Tegislative matter within the subject matter of the jurisdiction of the City Council; and . 2 WHEREAS, the City Council desires to submit to the voters of the City of Arcadia at a Special Municipal Election an Ordinance, prohibiting the City's ability to use eminent domain to transfer private property to private entities, as an altemative to the CBD Measure; and WHEREAS, the City Council finds and declares that property and business owners' investment expectations would be strengthened by this Ordinance requiring the voters to approve any repeal or amendment of the Arcadia Municipal Code Article IX, Chapter 9, or Section 303 of the Redevelopment Plan for Arcadia Redevelopment Agency Central Redevelopment Project [or Section 9264.2.11 of Article IX, Part 6, Division 4, Title 2 of the Arcadia Municipal Code. ` NOW, THEREFORE, THE PEOPLE OF THE CITY OF ARCADIA, =pCALIFOIZNIA, DO ORDAIN AS FOLLOWS: SECTION 1. Article IX, Chapter 9, Sections 9900-99d2 of th,e Arcadia Municipal Code are hereby added to read as follows: "Chapter 9. Eminent Domain. Section 9900. Purpose and Intent. This Ordinance is adopted to achieve the following purposes, among other purposes, and the people of the City of Arcadia hereby direct that the provisions of this Ordinance be interpreted in order to accomplish these purposes: 3 (a) The people of the City of Arcadia find and declare that the use of eminent domain by local government agencies for the benefit of private property owners impedes economic development. (b) The people of the City of Arcadia find and declare that the protection of existing pernutted land uses in the City promotes economic development. (c) T'he people of the City of Arcadia find and declare that adopting clear policies concerning the City's use of eminent domain and existing perznitted land uses will provide certainty for business and property owners and encourage economic investment in the City. (c} The people of the City of Arcadia desire to remove impediments to economic growth within the City and to promote economic development. Section 9901. Definitions. As used in this chapter, the following terms shall have the following ascribed meanings: (a) "Owner" means the owner of the fee title interest in the property to be acquired, as shown on the last equalized assessment roll, or other more current proof of vesring the City has in its possession. (b) "Property" shall mean any interest in real or personal property otherwise subject to acquisition through the use of eminent domain. 4 (c) "City-Affiliated Agency" shall mean the City of Arcadia and/or any other entity possessing the power of eminent domain, the governing board of which is solely comprised of, or is solely appointed by, the members of the City Council of the City of Arcadia. Section 9902. Limitations on the Use of Eminent Domain. Neither the City of Arcadia nor any City-Affiliated Agency may exercise the power of eminent domain to acquire any property from any private owner thereof; without such owner's consent, where the purpose of the acquisition at the time of acquisition is the intended conveyance of the property so acquired to any other private party, for the conduct of any for-profit commercial activity." SECTION 2. Paragraph 5, Section 303, of the Redevelopment Plan for Arcadia Redevelopment Agency Central Redevelopment Project is hereby deleted in its entirety and amended to read as follows: "The Agency shall not acquire real property through the commencement of eminent domain proceedings. For purposes of this Redevelopment Plan, the Agency will be deemed to have "commenced" eminent domain proceedings when it has adopted a resolution of necessity pursuant to California Code of Civil Procedure Sections 1245.210 et seq. (or successor statutes)." Section 9264.2.11 of the Arcadia Municipal Code is hereby added to read as follows: 5 "Section 9264.2.11. Additional Permitted Uses. In addition, to the pernvtted uses set forth in Sections 9264.2.2 through 9264.2.6, the following uses shall be expressly permitted on the city block bounded by Santa Anita, Morlan Place, and Hunrington Drive as those streets existed on January 1, 2006: (a) Any restaurant, eating establishment, coffee houses, juice bar, delicatessen, or similar uses, that existed on the block prior to January 1, 2006; (b) Any public storage facility that existed on the block prior to January 1, 2006; (c) Any membership club or association that existed on the block prior to January 1, 2006; (d) Vehicular parking and vehicular access that existed on the block prior to January 1, 2006." SECTION 3. Effective Date. This Ordinance shali go into effect ten (10) days after the date on which the election results are declared by the City Council. SECTION 4. Competing Measures. (a) In the event that another ballot measure ("Competing Initiative") appears on the same ballot as this Ordinance, and such Competing Initiative seeks 6 to adopt or rmpose any Municipal Code or Redevelopment Plan provisions that differ in any regard to, or supplement, those contained in this Ordinance, the voters hereby express and declare their intent that if both the Competing Initiative and this Ordinance receive a majority of the votes case, and if this Ordinance receives a greater number of votes than the Competing Initiative, then this Ordinance shall prevail in its entirety over the Competing Initiative without regard to whether. specific provisions of each measure directly conflict with each other. Under these circumstances, the Competing Initiative shall have no force or effect and shall be void. (b) In the event that both the Competing Initiative and this Ordinance receive a majority of the eotes cast, and the Competing Initiative receives a greater ~number of votes than this Ordinance, then this Ordinance shall be deemed to be complementary to the Competing Initiarive. To this end, and to the maximum extent permitted by law, the provisions of this Ordinance shall be fully adopted except to the extent the specific provisions contained in each measure are deemed to be in direct conflict with each other on a"provision by provision" basis pursuant to Yoshisato v. Superior Court, 2 Ca1.4`h 978 (1992). SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, 7 such decision shall not affect the validity of the remaining portions of this Ordinance. The people hereby declare that they would have approved this Ordinance and each section, subsecrion, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one of more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. Repeal, Alteration, Modification, Amendment. All amendment or proposed repeals of the provisions contained in this Ordinance shall require voter approval to become effective. SECTION 7. Codification. Upon the Effective Date of this Ordinance, as provided in Section 3, the City Clerk, in consultation with the City Attomey, is hereby authorized and directed to codify this Ordinance in the City's Municipal Code. [SIGNATURES ON NEXT PAGE] 8 Passed, approved and adopted this day of , 200 Mayor of the Ciry of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: _; Stephen P. Deitsch City Attorney 9 RESOLUTION NO. 6552 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFOItNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSI5 FOR THE MEASLIRE WHEREAS, a Special Municipal Election is to be heid in the City of Arcadia, California, on Tuesday, May 8, 2007 at which there will be submitted to the voters the following measure: PROPOSED MEASURE: Shall the ordinance amending the Arcadia Municipal Code to limit the use of eminent domain, to promote economic development and to protect existing land uses in 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 selecring 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 (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 Attomey to prepare an"Impartial Analysis" of any measure submitted to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORIVIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Written Ar u~ ment. The City Council authorizes any and all members of the City Council to file a written argument in favor of or against the proposed 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 proposed measure may be submitted to the City Clerlc, pursuant to Section 9286 of the Elections Code of the State of California. 2 SECTION 2. Format of Written Ar ug ment• All arguments concerning the proposed measure 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 Ar uments. The City Council directs the City Clerk to abide by Section 9287 of the Elections Code when selecting arguments in favor of and against the proposed 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 Analvsis. The City Council directs the City Clerk to transmit a copy of the proposed measure to the City Attomey. The City Attorney shall prepare an impartial analysis of the proposed measure showing the effect of the proposed measure on the exisring law and the operation of the proposed measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. 3 SECTION 5. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2007. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: ~~~^ ~ T3~ City Attorney 4 .; .~ RESOLUTION NO. 6551 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF ARCADIA AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 8, 2007 OF A CERTAIN MEASLJRE TO ELIMINATE EMINENT DOMAIN AND TO PROTECT EXISTING LAND USES IN THE CENTRAL BUSINESS DISTRICT ZONE WHEREAS, a Special Municipal Election on Tuesday, May 8, 2007 has been called by Resolution No. 6545 adopted by the City Council on November 21, 2006; and WHEREAS, the City Council now desires and intends to submit to the voters at said Special Municipal Election a proposed ordinance relating to eminent domain and to permitted land uses in the Central Business District Zone. NOW, THEREFORE, THE CITY COLJNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY, FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council, pursuant to its right and authority, does order submitted to the voters at the May 8, 2007 Special Municipal Election the following question: 1 '• o MEASURE "B" Shall an ordinance amending the Arcadia Municipal Code and Redevelopment Plan to (1) eliminate the use of eminent domain for purposes of taking private properiy for private use, (2) promote economic development, (3) protect existing land uses in the Central Business District Zone, and (4) preserve the rights of private property owners to reasonably and lawfully use and develop their property, be adopted? YES NO SECTION 2. The proposed measure submitted to the voters is attached hereto as Exhibit "A". SECTION 3. In all particulars not recited in this Resolurion, the Special Municipal Election shall be held and conducted as provided by law for holding municipal elections. SECTION 4. Notice of the time and place of holding the election is given as set forth in City Council Resolution No. 6545, 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 5. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 2 ~.:;'.`f1;'*:,. Passed, approved, and adopted this 16th day of January, 2007. !SI ROGER CHANDLER Mayor of the City of Arcadia ATTEST: /SI JI~MES H. ~~~~ ~ City Clerk APPROVED AS TO FORM: c~~ l~ ~ ~dM~ 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. 6551 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 16th day of January, 2007 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 ~~~~5 He ~~~"~°~~' " ' -.!~ City Clerk of the City of Arcadia 4 ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY OF ARCADIA AMENDiNG THE ARCADIA MiJNICIPAL CODE TO (1) ELIMINATE THE USE OF EMINENT DOMAIN FOR PURPOSES OF TAKING PRIVATE PROPERTY FOR PRIVATE USE, (2) PROMOTE ECONOMIC DEVELOPMENT, (3) PROTECT EXISTING LAND USES IN THE CENTRAL BUSINESS DISTRICT ZONE, AND (4) PRESERVE THE RIGHTS OF PRIVATE PROPERTY OWNERS TO REASONABLY AND LAWFULLY U5E AND DEVELOP THEIR PROPERTY WHEREAS, on November 21, 2006,"An Initiative Measure to Amend the General Plan and Zoning Regulations Relating to Permitted and Prohibited Uses Within the Central Business District Zone" ("CBD Measure") qualified for a Special Municipal Election pursuant to Califomia Elections Code Section 9214; and WHEREAS, under the existing Arcadia General Plan and Arcadia Municipal Code, automobile sale, storage, and repair services are permitted on the city block bounded by Santa Anita Avenue, Marlan Place, and Hunrington Drive ("City Block"); and WHEREAS, it is important to the City that the automobile sale, storage, and repair services be permitted to continue on the City Block to enhance and generate general fund revenue to pay for necessary city services and city improvements; and E~tHI~`~ "~°~ i WHEREAS, the CBD Measure would amend the Arcadia General Plan and Arcadia Municipal Code to prohibit automobile sales, storage, and repair services, and their expansion, on the City Block; and WHEREAS, the CBD Measure also would require the amortization of existing automobile sales, storage, and repair services on the City Block within two years of the measure passing and would create addirional permitted uses on the City Block for businesses exisring priar to January 1, 2006; and WHEREAS, the City Council finds and declares that the promotion and encouragement of economic development in the City is vital to the City's conrinued existence; and WHBREAS, the City Council finds that providing property and business owners certainty regarding the return on their investments effectively promotes and encourages economic development in the City; and WHEREAS, the City Council finds that protecting existing permitted land uses within the City provides property and business owners with certainty-- regarding the return on their investments; and WHEREAS, the City Council finds that prohibiting the use of eminent domain for the purpose of transferring private property to private entities is an effective means of protecting existing permitted land uses within the City; and WHEREAS, California Elections Code Section 9222 vests a City Council 2 with legal authority to place on a ballot any legislative matter within the subject matter of the jurisdiction of the City Council; and WHEREAS, the City Council desires to submit to the voters of the City of Arcadia at a Special Municipal Election an Ordinance prohibiting the City's ability to use eminent domain to transfer private property to private entities, as an alternative to the CBD Measure; and WHEREAS, the City Council finds and declares that property and business owners' inveshnent expectations would be strengthened by this Ordinance-------- -- requiring the voters to approve any repeal or amendment of Arcadia Municipal Code Article IX, Chapter 9, or Secrion 303 of the Redevelopment Plan for the Central Redevelopment Project, or Section 92642.11 of Article IX, Part 6, Division 4, Title 2 of the Arcadia Municipal Code. NOW, THEREFORE, THE PEOPLE OF THE CITY OF ARCADIA, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION L Article IX, Chapter 9, Sections 9900-9902 of the Arcadia Municipal Code are hereby added to read as follows: "Chapter 9. Eminent Domain. Section 9900. Purpose and Intent. 3 This Ordinance is adopted to achieve the following purposes, among other purposes, and the people of the City of Arcadia hereby direct that the provisions of this Ordinance be interpreted in order to accomplish these purposes: (a) The people of the City of Arcadia find and declare that the use of eminent domain by local government agencies to take private property for private use impedes economic development. (b) The people of the City of Arcadia find and declare that the protection of existing permitted land uses in the City promotes economic development. (c) The people of the City of Arcadia find and declare that adopting clear policies conceming the City's use of eminent domain and existing pernutted land uses will provide certainty for business and property owners and encourage economic inveshnent in the City. (c) The people of the City of Arcadia desire to remove imped'aments to economic growth within the City and to promote economic development. Section 9901. Definirions. As used in this chapter, the following terms shall have the following ascribed meanings: (a) "Owner" means the owner of the fee title interest in the property to be acquired, as shown on the last equalized assessment roll, or other mare current proof of vesting the City has in its possession. 4 (b) ,"Property" shall mean any interest in real or personal property otherwise subject to acquisition through the use of eminent domain. (c) "City-Affiliated Agency" shall mean the City of Arcadia and/or any other entity possessing the power of eminent domain, the governing board of which is solely comprised of, or is solely appointed by, the members of the City Council of the City of Arcadia. Section 9902. Limitations on the Use of Eminent Domain. Neither the City of Arcadia nor any City-Affiliated Agency may exercise the power of eminent domain to acquire any properiy from any private owner thereof, without such owner's consent, where the purpose of the acquisition at the time of acquisition is the intended conveyance of the property so acquired to any other private party, for the conduct of any for-profit commercial activiry." SECTION 2. Paragraph 5, Section 303, of the Redevelopment Plan for Arcadia Redevelopment Agency Central Redevelopment Project is hereby deleted in its entirety and amended to read as follows: "The Agency shall not acquire real property tlu-ough the commencement of eminent domain proceedings. For purposes of this Redevelopment Plan, the Agency will be deemed to have "commenced" eminent domain proceedings when it has adopted a resolution of necessity pursuant to California Code of Civil Procedure Sections 1245.210 et seq. (ar successor statutes)." 5 Section 9264.2.11 of the Arcadia Municipal Code is hereby added to read as follows: "Section 9264.2.11. Additiorial Permitted Uses. In addition to the uses set forth in Sections 9264.2.2 through 9264.2.10, the following uses shall be expressly permitted on the city block bounded by Santa Anita, Morlan Place, and Huntington Drive as those streets existed on January l, 2006: (a) Any restaurant, eating establishment, coffee houses, juice bar, delicatessen, or similar uses, that existed on the block prior to January 1, 2006; (b) Any public storage facility that existed on the block prior to January 1, 2006; (c) Any membership club or association that existed on the block prior to January l, 2006; (d) Vehicular parking and vehicular access that existed on the block prior to January l, 2006." SECTION 3. Effective Date. This Ordinance shall go into effect ten (10) days after the date on which the election results are declared by the City Council. 6 SECTION 4. Competing Measures. In the event that another ballot measwe ("Competing Initiarive") appears on the same ballot as this Ordinance, and such Competing Initiative seeks to adopt or impose any Municipal Code or Redevelopment Plan provisions that differ in any regard from or supplement those contained in this Ordinance, the voters hereby express and declare their intent that if both the Competing Initiative and this Ordinance receive a majority of the votes cast, and-if this Ordinance-receives a - - greater number of votes than the Competing Initiative, then this Ordinance shall prevail in its entirety over the Competing Initiative without regard to whether specific provisions of each measure directly conflict with each other. Under these circumstances, the Competing Initiative shall have no force or effect and shall be void. SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The people hereby declare that they would have approved this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one of more sections, subsections, 7 subdivisions, sentences, clauses, phrases, ar portions thereof be declared invalid or unconstitutional. SECTION 6. Repeal, Alteration, Modification, Amendment. All amendment or proposed repeals of the provisions contained in this Ordinance shall require voter approval to become effective. SECTION 7. Codification. Upon the Effective Date of this Ordinance, as provided in Section 3, the City Clerk, in consultation with the City Attorney, is hereby authorized and directed to codify this Ordinance in the City's Municipal Code. Passed, approved and adopted this day of , 200_. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 8 ~T~ ; RESOLUTION NO. 6552 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASiJRE 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 measure: MEASURE B: Shall an ordinance amending the Arcadia Municipal Code and Redevelopment Plan to (1) eliminate the use of eminent domain for purposes of taking private property for private use, (2) promote economic development, (3) protect existing land uses in the Central Business District Zone, and (4) preserve the rights of private property owners to reasonably and lawfully use and develop their property, 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 give 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. T'he City Council authorizes any and all members of the City Council to file a written argument in favor of or against the proposed 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 unril and including the date fixed by the City Clerk for filing primary arguments, after which no arguments for or against the proposed measure may be submitted to the City Clerk, pursuant to Section 9286 of the Elections Code of the State of California. 2 SECTION 2. Format of Written Ar ue ment• All arguments concerning the proposed measure 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. Prioritv of Ar~uments. The City Council directs the City Clerk to abide by Section 9287 of the Elections Code when selecting arguments in favor of and against the proposed 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 proposed measure to the City Attorney. The City Attomey shall prepare an impartial analysis of the proposed measure showing the effect of the proposed measure on the exisring law and the operation of the proposed measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. 3 SECTION 5. The City Clerk shall certify to the adoption of this Resolurion. Passed, approved and adopted this 16th day of January , 2007. OSl ROGER CHANDLER Mayor of the City of Arcadia ATTEST: rs~ ~AMES H. ~~RRa~vs City Clerk APPROVED AS TO FORM: ~~~ l~„ ~ ~ ~~~~ City Attorney 4 .-~ . STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES ~I. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6552 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 16th day of January, 2007 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 99~A.I ~~~l~O! Y Be 6A~m Y~~~ City Clerk of the City of Arcadia 5