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~
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Lisa Mussenden
Interim Chief Deputy City Clerk
01-02-2007
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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
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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~~
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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
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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
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±"`°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
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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
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~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
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`"°~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
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PROJECT
LOCATION
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`°°~~~~~=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.
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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.
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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.
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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.
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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,
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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
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~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:
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,
(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.
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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.
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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
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.-~
.
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
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