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Home My WebLink AboutJanuary 16, 2007t; .. i , AR CITY OF ARCAD IA �0� O p{,SPOgN y CITY COUNCIL /REDEVELOPMENT AGENCY ' REGULAR MEETING e' TUESDAY, JANUARY 16, 2007 AGENDA 5:00 p.m.. Location: City Council Chamber Conference Room, 240 W. Huntington Drive CALL TO ORDER ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: Roger Chandler, Mayor /Agency Chair Mickey Segal, Mayor Pro Tern/Agency Vice Chair Peter Amundson, Council /Agency Member Robert Harbicht, Council /Agency Member John Wuo, Council /Agency Member CLOSED SESSIONISTUDY 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. Pursuant to Government Code Section 54957.6 to confer about labor contract negotiations Arcadia Public Works Employees Association, Arcadia City Employees Association, Arcadia Police Officers' Association. Arcadia Firefighters' Association, and unrepresented employees: Department Heads, Division Managers, Supervisors, and Part-time employees _(City Negotiators: William W. Floyd and Tracey Hause). b. Conference with real property negotiators pursuant to Government Code Section 54956.8: Property Description: Southerly parking area of Santa Anita Race Track Property. Negotiating Parties: CCU: City Manager, Assistant City Manager /Development Services Director and City Attorney. Property Owner: Caruso Affiliated, Caruso Property Management Company, Magna Entertainment Corporation, the Santa Anita Companies and the Los Angeles Turf Club. - Under Negotiation: Price and terms of payment. C. Conference with real property negotiators (Government Code Section 54956.8) Property Property Owner 21 Morlan Pl. Wendy Doo (Church in Arcadia) Negotiating Parties — Agency'Deputy Executive Director Under Negotiation — Price and terms of payment d.. Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager. STUDY SESSION... a. Discussion and direction regarding whether,or not to pursue 'a "community signature event' in fiscal year 2007 -2008. b. Discussion regarding a revised "Expense and Travel Policy for the City Council and select City employees. I I 7:00 p.m., City Council Chamber . RECONVENE CITY COUNCIL /REDEVELOPMENT AGENCY MEETING TO OPEN SESSION INVOCATION Rabbi Alan Lachtman, Temple Beth David 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 PUBLIC COMMENTS (5 minutes per person) REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK 1. CONSENT CALENDAR All matters listed under the Consent Calendar are. considered to be routine and all will be enacted by one roll call vote. There will be no, separate discussion of these items unless members of the City Council /Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. REDEVELOPMENT AGENCY ITEMS: a. REGULAR MEETING MINUTES. JANUARY 2, 2007 Recommended Action: Approve CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES, JANUARY 2, 2007 Recommended Action: Approve C. ACCEPT $3,000 FROM JOSEPH ALTON HAMILTON TO T Recommended Action: Approve d. Action: Approve e. Recommended Action: Approve f Recommended Action: m Recommended Action: Approve 2. CITY MANAGER a. FEDERAL LEGISLATIVE PRIORITIES FOR 2007. Recommended Action: Provide direction a C. RAIL STATION. Recommended Action: Approve Recommended Action: Introduce ra e. ADJOURNMENT This meeting will adjourn to January 30, 2007.at 6:00 p.m., for a Joint Meeting with Arcadia Board of Education in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. PURSUANT TO THE AMERICANS WITH DISABILITIES ACT, PERSONS WITH A DISABILITY WHO REQUIRE A DISABILITY - RELATED MODIFICATION OR ACCOMODATION IN ORDER TO PARTICIPATE IN A MEETING,. INCLUDING AUXILIARY AIDS OR SERVICES, MAY REQUEST SUCH MODIFICATION OR ACCOMODATION FROM THE CITY CLERK AT (626) 574 -5455. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE - ACCESSIBILITY TO THE MEETING. LAND USES IN THE CENTRAL BUSINESS DISTRICT ZONE. Recommended Action: Adopt Recommended Action: Adopt CITY COUNCIL/REDEVELOPMENT AGENCY MEETING ANNOTATED AGENDA JANUARY 16,2007 CLOSED SESSION Pursuant to Government Code Section 54957.6 to confer about labor contract negotiations — Arcadia Public Works Employees Association, Arcadia City Employees Association, Arcadia Police Officers' Association. Arcadia Firefighters' Association, and unrepresented employees: Department Heads, Division Managers, Supervisors, and Part-time employees (City Negotiators: William W. Floyd and Tracey Hause). NO REPORTABLE ACTION TAKEN Conference with real property negotiators pursuant to Government NO REPORTABLE Code Section 54956.8: ACTION TAKEN Property Description: Southerly parking area of Santa Anita Race Track Property. Negotiating Parties: Cam: City Manager, Assistant City Manager /Development Services Director and City Attorney. Property Owner: Caruso Affiliated, Caruso Property Management Company, Magna Entertainment Corporation, the Santa Anita Companies and the Los Angeles Turf Club. C. G Under Negotiation: Price and terms of payment. Conference with real property negotiators (Government Code Section NO REPORTABLE 54956.8) ACTION TAKEN Property 21 Morlan PI. Property Owner Wendy Doo (Church in Arcadia) Negotiating Parties — Agency Deputy Executive Director Under Negotiation — Price and terms of payment Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager. STUDY SESSION NO REPORTABLE ACTION TAKEN a. Discussion and direction regarding whether or not to pursue a COUNCIL "community signature event" in fiscal year 2007 -2008. DIRECTED STAFF TO BRING BACK A REPORT AT A FUTURE DATE t b. Discussion regarding a revised "Expense and Travel Policy for the City COUNCIL Council and select City employees. DIRECTED CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. REGULAR.MEETING MINUTES, JANUARY 2, 2007 CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES, JANUARY 2. 2007 C. ACCEPT $3,000 FROM JOSEPH ALTON HAMILTON TO THE LIBRARY FOR BOOKS ON COMPACT DISC. d. FINAL MAP NO. 64609 FOR A 76 -UNIT SENIOR CONDOMINIUM PROJECT AT 650 WEST HUNTINGTON DRIVE. e. AWARD A PURCHASE ORDER EXTENSION TO HUGHES SUPPLY FOR THE PURCHASE OF DATA LOG RADIO READ WATER g. WAIVE THE FORMAL BID PROCESS AND APPROVE THE PURCHASE AND INSTALLATION OF A SPACESAVER HIGH - DENSITY MOBILE STORAGE SYSTEM FOR THE POLICE 2. CITY MANAGER FEDERAL LEGISLATIVE PRIORITIES FOR 2007. METRO GOLD LINE PHASE II STATION DESIGN AND ART REVIEW COMMITTEE RECOMMENDATION FOR ARTWORK, ARCHITECTURAL ELEMENTS AND BETTERMENTS FOR THE PROPOSED ARCADIA LIGHT RAIL STATION. STAFF TO PREPARE A RESOLUTION TO BE PLACED ON A FUTURE AGENDA APPROVED 5 -0 APPROVED 5 -0 APPROVED 5 -0 APPROVED 5 -0 APPROVED 5 -0 APPROVED 5 -0 APPROVED 5 -0 APPROVED 5 -0 ARTWORK FOR BASELINE STATION ELEMENTS AND NO ACTION TAKEN REGARDING THE BETTERMENTS APPROPRIATE THE EXPECTED SALARY SAVINGS IN THE POLICE DEPARTMENT FOR ADDITIONAL SALARY AND : c. G e. PART 3, DIVISION 7 OF THE ARCADIA MUNICIPAL CODE INTRODUCED RELATING TO THE FEEDING OF PEAFOWL WITHIN THE CITY OF 5 -0 ARCADIA. ADOPTED 5 -0 WITH REVISIONS ADOPTED 5 -0 WITH REVISIONS TO PROTECT EXISTING LAND USES IN THE CENTRAL BUSINESS DISTRICT ZONE. I would like to adjourn tonight's meeting in memory of a former City employee who passed away yesterday - Pete Kinnahan. Pete came to Arcadia in March 1983 to work for the Redevelopment Agency. Before coming here he worked for the City of Carson, the Southeast Michigan Council of Governments in Detroit, the Detroit Mayor's Office and as a high school teacher in Royal Oak, Michigan. Pete was instrumental in most of the redevelopment and development projects around town, including the commercial projects on north and south Huntington Drive, east of Second Avenue. He was a very active member of the Chamber of Commerce and served on several inter - department employee committees. Pete was dedicated to this community and to doing the very best and most thorough work possible. In additional to his professional associations in town he had many friends here. He was an extremely knowledgeable man and one of the nicest, most thoughtful people you could ever meet. He was also a practical joker, a sports fan, a "family guy," volunteer referee for AYSO, an Orange County Election Poll Worker and an enthusiastic volunteer donating his time and expertise to the Los Angeles Conservancy, the Red Cross, the City of Cypress Community Festival, and the Anaheim Unified High School District Citizens Oversight Committee. Some of you may also remember that Pete was known for coming up with the most creative Halloween costumes every year. Pete's personal achievements include his three daughters, Jessica, Abi and Clare, and two grandsons, Nate and Kyle. He would often tell stories about his daughters and when he did it was usually done with Pete's innate sense of humor and an abundance of love. He is also survived by his wife, Pat, with whom he shared a love of soccer, Australia... and of course their daughters and grandsons. Pete retired from the City of Arcadia in December of 2004. He passed away at the age of 65 while playing basketball. He was a vibrant man and, simply stated, a terrific human being. He will be deeply missed. 49:00 9 CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, JANUARY 16, 2007 The City Council and Redevelopment Agency of the City of Arcadia met at 5.00 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 /STUDY SESSION PUBLIC COMMENTS CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer about labor contract negotiations — Arcadia Public Works Employees Association, Arcadia City Employees Association, Arcadia Police Officers' Association. Arcadia Firefighters' Association, and unrepresented employees: Department Heads, Division Managers, Supervisors, and Part-time employees (City Negotiators: William W. Floyd and Tracey Hause). b. Conference with real property negotiators pursuant to Government Code Section 54956.8: Property Description: Southerly parking area of Santa Anita Race Track Property. Negotiating Parties: Cam: City Manager, Assistant City Manager /Development Services Director and City Attorney. Property Owner: Caruso Affiliated, Caruso Property Management Company, Magna Entertainment Corporation, the Santa Anita Companies and the Los Angeles Turf Club. Under Negotiation: Price and terms of payment. C. Conference with real property negotiators (Government Code Section 54956.8) Property 21 Morlan PI. Property Owner Wendy Doo (Church in Arcadia) Negotiating Parties — Agency Deputy Executive Director Under Negotiation — Price and terms of payment d. Public Employee Performance Evaluation (Government Code Section 54957) Title: City Manager. 1 01 -16 -2007 49:0010 STUDY SESSION a. Discussion and direction regarding whether or not to pursue a "community signature event' in fiscal year 2007 -2008. b. Discussion regarding a revised "Expense and Travel Policy for the City Council and select City employees. RECONVENE CITY COUNCIL /REDEVELOPMENT AGENCY MEETING TO OPEN SESSION The Mayor convened the Open Session meeting at 7:00 p.m. INVOCATION Captain Randy Kirby PLEDGE OF ALLEGIANCE Captain Randy Kirby ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Members Chandler, Segal, Amundson, Harbicht and Wuo ABSENT: None REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION /STUDY SESSION ITEMS CLOSED SESSION: City Attorney Steve Deitsch reported that the City Council /Redevelopment Agency Board met in closed session to consider items a, b, c and d on the posted agenda. No reportable action was taken. STUDY SESSION: City Attorney Steve Deitsch reported that the City Council met in study session to consider whether or not to pursue a "community signature event' in fiscal year 2007 -2008. The City Council was in favor of a community event and directed staff to prepare a report with suggestions on a possible community event. No additional action taken. City Attorney Steve Deitsch reported that the City Council met in study session to discuss a revised expense and travel policy for the City Council and selected City employees. The City Council directed staff to prepare the appropriate report and place this item on a future agenda for further discussion and action. No additional action taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS None 2 01 -16 -2007 49:0011 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 COMMENTS (5 minutes per person) Jeanne Trefzger, an Arcadia resident commented that she supports the peacocks in town. Dirk L. Hudson commented on Measure B. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK Council Member Amundson encouraged everyone to get earthquake kits ready and that an earthquake list can be obtained from the City's website. Mr. Amundson asked about communication between the police and fire in the event of a disaster. He also asked if the City has a plan in place relating to traffic. Council Member Amundson announced that on Saturday, January 20, 2007, at Wells Fargo Bank at Fifth Avenue and Huntington there will be a children's identification card event where children will be fingerprinted from 10:00 a.m. to 3:00 p.m. In response to an inquiry from Council Member Amundson, City Manager Bill Kelly clarified that the City does have city -wide emergency communication equipment in place in the event of a disaster. In response to the inquiry regarding traffic, Assistant City Manager /Development Services Director clarified that the City currently has a Transportation Master Plan in place; he gave a brief overview and purpose of the traffic master plan. Mr. Penman also advised that there is a fee program in place in which various developments in the City contribute an impact fee to the transportation fund and that money is used toward improving various intersections. In addition to the inquiry by Council Member Amundson, City Manager Bill Kelly also advised that the City will be using federal funds for fiber optic projects and traffic signal synchronization which is all part of the Plan. Council Member Segal - nothing to report Council Member Harbicht thanked the staff for a great job putting the Commissioner's dinner together. Council Member Wuo thanked the City staff for a great job putting the Commissioner's dinner together with the 50's theme. City Clerk Jim Barrows thanked the staff for a great dinner Commissioner's dinner. Mr. Barrows also noted that Saturday, January 20, 2007 is the annual high school band spaghetti dinner at 4:00 p.m. until 9:00 p.m. Mayor Chandler commented that the Commissioner's dinner was great including the 50's theme. 01 -16 -2007 49:0012 1. CONSENT CALENDAR a. REGULAR MEETING MINUTES, JANUARY 2 2007 Recommended Action: Approve CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES, JANUARY 2, 2007 Recommended Action: Approve C. Recommended Action: Approve 91 Recommended Action: Approve e. f. 91 Recommended Action: Approve Council Member Harbicht requested that item 1 -f be pulled for discussion. A motion was made by Council /Agency Member Harbicht, seconded by Council /Agency Member Segal, and carried on roll call vote to approve the Consent Calendar items 1 a thru g, with the exception of f on the City Council /ARA Consent Calendars. AYES: Council /Agency Members Harbicht Segal, Amundson, Wuo and Chandler NOES: None Council Member Harbicht confirmed with staff the intention and purpose of item 1 -f. Mr. Kelly explained the purpose and intent of what staff is recommending on this item. 4 01 -16 -2007 Recommended Action: Approve Recommended Action: Approve 49:0013 A motion was made by Council /Agency Member Segal seconded by Council /Agency Member Wuo and carried on roll call vote to approve Consent Calendar item 1 -f on the City Council /ARA Consent Calendar. AYES: Council /Agency Members Segal, Wuo, Amundson, Harbicht and Chandler NOES: None 2. CITY MANAGER a. FEDERAL LEGISLATIVE PRIORITIES FOR 2007. Recommended Action: Provide direction City Manager Bill Kelly gave an overview of the staff report regarding federal legislative advocacy priorities for 2007 relating to Water Projects, and the Fire Suppression /Emergency Preparedness Joint Training Facilities. In response to an inquiry by Council Member Harbicht, City Manager Kelly commented that the chance of receiving money for traffic improvements is very "slim" this year. A motion was made by Council /Agency Member Harbicht, seconded by Council /Agency Member Segal, and carried on roll call vote to authorize staff to direct the Ferguson Group to work on behalf of the City of Arcadia to seek funding for the water projects and Joint Training Facility referenced in January 16, 2007 staff report; and further, authorize staff to submit any documents or application forms for federal funding as may be needed for each project. AYES: Council /Agency Members Harbicht, Segal, Amundson, Wuo and Chandler NOES: None b. METRO GOLD LINE PHASE II STATION DESIGN AND ART REVIEW Assistant City Manager /Development Services Director gave a brief introduction regarding this item and introduced Martha Eros, Transportation Services Officer who gave an overview of the elements that are being proposed by the Committee relating to the Metro Gold Line Phase II Station Design and artwork, architectural elements and betterments for the proposed Arcadia light rail station. Ms. Eros recommends that the City Council approve the Metro Gold Line Phase II Station Design and Art Review committee recommendation for artwork and baseline station elements, and determine whether to proceed with betterments for the proposed Arcadia light rail station as recommended by the Station Design and Art Review Committee subject to future available funding sources. In response to an inquiry by Council Member Amundson, Martha Eros responded that the art work is a wind vane which resembles a tree and each limb represents an Arcadia icon such as peacocks, leaves, feathers, and horses from the race track; and other work would include canopies over the exits and the plaza area itself. In addition to Council Member Amundson's inquiry, Mr. Penman added that using the Gold Line art money for pavers was not allowable. 01 -16 -2007 Recommended Action: Approve 49:0014 In response to an inquiry by Council Member Harbicht, Martha Eros noted that the Sierra Madre Villa Station is a standard station with no betterments at that location. In response to an inquiry by Council Member Segal, Assistant City Manager Don Penman noted . that staff is recommending that the City Council approve the base artwork with the $120,000 funded by the MTA and consider betterments based upon available funding at a later date. A motion was made by Council /Agency Member Segal, seconded by Council /Agency Member Harbicht, and carried on roll call vote to approve the Metro Gold Line Phase II Station Design and Art Review committee recommendation for artwork and baseline station elements. AYES: Council /Agency Members Segal, Harbicht, Amundson, Wuo and Chandler NOES: Council /Agency Members A motion was made by Council /Agency Member Harbicht seconded by Council /Agency Member Amundson to not move forward with betterments for the proposed Arcadia light rail station as recommended by the Station Design and Art Review Committee. AYES: Council /Agency Members Harbicht, Amundson, Segal, Wuo and Chandler NOES: Council /Agency Members C. FEEDING OF PEAFOWL WITHIN THE CITY OF ARCADIA. Recommended Action: Introduce City Manager Bill Kelly gave an overview on the introduction of an ordinance regarding the feeding peafowl on private property within the City of Arcadia. Staff recommends that the City Council introduce Ordinance No. 224 adding Section 4137.8 to Article IV, Part 3, Division 7 of the Arcadia Municipal Code relating to the feeding of peafowl within the City of Arcadia. Mayor Chandler announced that the City Council has received several a -mails from the residents in the college street area relating to this item, including an e-mail from Mr. Jeff Bowen from the Highland Oaks Homeowner Association which states that the peacocks should not be relocated to Wilderness Park. Council Member Amundson read an e-mail received from the Rancho Santa Anita Homeowners Association encouraging that the City Council take no action on this item. Council Member Wuo feels that Homeowner Associations should take a more active role in the peafowl situation. Council Member Segal commented that he supports the ordinance prohibiting the feeding of peafowl on private property. Mayor Chandler also commented that he was in favor of the ordinance prohibiting the feeding of peafowl on private property. In response to an inquiry by Council Member Amundson, City Attorney Steve Deitsch noted that adding peafowl to the City's public nuisance ordinance would be difficult. City Attorney Deitsch also noted that the Municipal Code includes a prohibition against feeding animals on public property. Mr. Deitsch advised the City Council that if they wanted to do something about feeding peacocks on public property, the ordinance best fits the matter at hand. 01 -16 -2007 49:0015 Council Member Harbicht commented that he is not in favor of voting on the peafowl ordinance and has concerns about telling residents what they can do on their property. A motion was made by Council /Agency Member Segal, seconded by Council /Agency Member Chandler, to introduce Ordinance No. 2224, an ordinance of the City Council of the City of Arcadia, California, adding Section 4137.8 to Article IV, Part 3, Division 7 of the Arcadia Municipal Code Relating to the feeding of peafowl within the City of Arcadia. The motion was defeated. AYES: Council /Agency Members Segal and Chandler NOES: Council /Agency Members Amundson, Harbicht, and Wuo RESOLUTION NO. 6551 ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY OF ARCADIA AT A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, MAY 8, 2007 OF A CERTAIN Recommended Action: e. 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. Recommended Action: Adopt City Attorney Steve Deitsch presented the staff report and read the resolution titles on items d and a which was carried over from the January 2, 2007 City Council meeting. City Attorney Deitsch recommended that the City Council consider adding additional language to the ballot title. Mr. Deitsch read the ballot language in full and included "and (4) preserve the rights of private property owners to reasonably and lawfully use and develop their property ". Mr. Deitsch noted that in the future if a property owner would like to use their property for purposes of auto related uses and that would include auto dealership, and other auto related uses, then the purpose of this measure would be in part to enable any such property owner in the future to continue to have the same right that property owner now has under the City's current zoning ordinance and that would be to use property for that auto related use. A motion was made by Council /Agency Member Harbicht, seconded by Council /Agency Member Segal, and carried on roll call vote to add a number 4 to the ballot title as read by the City Attorney. AYES: Council /Agency Members Harbicht, Segal, Amundson, Woo and Chandler NOES: None A motion was made by Council /Agency Member Harbicht, seconded by Council /Agency Member Segal, and carried on roll call vote to adopt, as amended, Resolution Nos. 6551, an ordinance 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 to eliminate eminent domain and to protect existing land uses in the Central Business District Zone; and as amended Resolution No. 6552, a resolution setting priorities for filing written arguments regarding a City measure and directing the City Attorney to prepare an impartial analysis for the measure. 01 -16 -2007 49:0016 AYES: Council /Agency Members Harbicht, Segal, Amundson, Wuo and Chandler NOES: None ADJOURNMENT The meeting was adjourned at 8:30 p.m. in memory of Pete Kinnahan. The City Council /Redevelopment Agency adjourned this meeting to January 30, 2007 at 6:00 p.m. for a Joint Meeting with Arcadia Board of Education in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk By: Lisa Mussenden Interim Chief Deputy City Clerk 8 01 -16 -2007 17 A 0 U7e1111:9 January 16, 2007 TO: Mayor and City Council ,�A FROM: William R. Kelly, City Managerr taw �� By: Linda Garcia, Communications, Marketing and Special Projects Manager, SUBJECT: COMMUNITY "SIGNATURE EVENT" Recommendation: Provide direction SUMMARY Despite the success of the City's 2005 July 4 Celebration, the unavailability of a • suitable location in 2006 caused the City to cancel the second of what was intended to be annual event. Subsequent to that decision being made, the City Council directed staff to put on a future agenda the subject of whether or not another form of community "signature" event should be held. This report defines the meaning of a signature event and provides information about similar efforts that have occurred in the past. The report also sets forth several things to consider as part of the decision - making process and offers a few ideas for events that could be pursued. BACKGROUND In its recent history, Arcadia has "experimented" with a variety of special events that were intended to go beyond the normal activities provided through our recreation and library programs and be more of a "signature" event and celebration of community and civic pride for people of all ages and interests. The first event that fit into this category was the Holiday Festival, which started in 1996. Through 4 locations, a low of 9 tons of snow when it started to a high of 60 tons in 2003, the Holiday Festival has been a success and is a highly anticipated event every year. The Lucky Baldwin Community Picnic followed several years later, having a similar goal in terms of what it was to accomplish, but a completely different format. The Picnic was also very well attended and numerous positive comments were received. The all -day centennial birthday celebration in 2003 was unique and a great deal of fun. In 2005, the City decided to attempt a hometown July 4 Celebration. Budget and resource constraints caused the • cancellation of the Lucky Baldwin Community Picnic in order to host the July 4 event. The July 4 Celebration generated a considerable amount of "buzz," was attended by the maximum allowable crowd of 5,000 and received rave reviews from almost everyone who attended or was involved. Office of the City Manager I Mayor and City Council - Community Signature Event January 16, 2007 Page 2 As an additional bit of background, although not a "City of Arcadia" function, the other large -scale event that is targeted to the entire community is the Arcadia Firefighters' Association Pancake Breakfast. DISCUSSION The attached informal outline was put together to help facilitate the Council's discussion on this matter in terms of what we would try to accomplish with a signature event, what generally works and does not work when designing an event of this type, and what resources will be needed. The outline also offers options for a new event. As is the case with most projects, defining the goal and providing the necessary resources is key to our being able to achieve success. The nature of this particular activity also requires an open mind in terms of imagining what is possible and an adequate amount of planning time. n LJ Provision of a signature event is certainly not a mandatory City service. It is however, a service that when designed properly has time and time again proven to be something Arcadians want, appreciate and support. The kind of activity we are talking about now differs from the annual offering of recreation, library and senior citizen programs by its • large scope, community -wide orientation and overall design. The promotion of "community" is also a distinctive feature. FISCAL IMPACT To be sure, a major event will carry with it a sizeable budget. Depending upon the nature of the event, sponsors may be sought to assist with the cost although we do need to keep in mind that sponsorships are at their best when they are of considerable value to both the sponsor and the event organizer. That is, the City needs a relatively large amount of money to make the event work and the sponsor wants a return on their investment, generally in the form of publicity. The amount of money staff would seek for this event would likely only be provided by a large company (or companies) that is generally inclined to be involved in community affairs. In Arcadia, most of the companies that fit this bill are currently involved in some type of development activity that may cause the City to not want to ask them for financial support. A budget will be prepared when and if the City Council decides to pursue an event. RECOMMENDATION It is recommended that the City Council provide direction on whether or not staff should create a community signature event to take place in fiscal year 2007 -2008. . Attachment 1 r 11 u • L.J rt 0 Z Z W J V , W Z V Z cc y LL 0 LL LU Z uj m LLI W LU 0 V Q rt Z y V 2 ti W V Y O L Q) C C m N N a c •Y > E ` m U w N L ° .E N L m •- a L O c > N o > C- m O. 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Z § ] { \/ �( 3§ §\ [) \ k) )= Q2 /\ \\\ 2 & �) 7® )o C: /§ $ ®,] /� \g ƒc �e= §\ �k #w a) f /j ƒ \\ )!% 2z o= �C2 § /\ .] ]t) > {" t ��/ a e 0M \k$ \7® CL� - {& 2 2) 0 5 k 222 / } \§ ƒ]/ 2/+ 2/ n k� / & 7$\ § iE co cu : / ; -0 § ) @ � m _ e ± § )§ E )f» .- �\ « 2 ° = % {\ �� (\k / : k !- § 0 \ & � mCL Sa)o \/ ® a f §�f > I 0 ; )Epee! C: . [/ _ - ! §2 E /0 ƒ $] \ \U) J J 2 ))) § §�\4k � ± _0 e ) / 0 ¢ . w - £ \ 4 « z ] _. ] e { ) [ 0 cu 0 0 • DATE: January 16, 2007 TO: Mayor and City Council FROM: William R. Kelly, City Manager UQ,b A By: Linda Garcia, Communications, Marketing and Special Projects Manager/ SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY COUNCII SUMMARY Recommendation: Provide direction AB 1234 requires cities that reimburse members of their legislative bodies to adopt, at a • pubic meeting, an expense reimbursement policy. The City of Arcadia has an officially adopted policy on the books; however, a few revisions are necessary to make it consistent with current practice. Staff is not recommending that the City Council adopt the policy tonight. Rather, we are bringing this to the Council in study session format so that you have an opportunity for group discussion on the various elements of the policy, particularly the additions, before a resolution is prepared and brought to you for consideration. DISCUSSION State law mandates that the City Council adopt an expense reimbursement policy that among other things spells out the types of expenses that are eligible for reimbursement, how the requests for reimbursement are to be processed, and the reasonable reimbursement rates for travel. Much of the intent and provisions of the policy adopted in March 2006 remain the same in the attached updated policy, the difference being that this version provides more clarification or adds language concerning the following issues: • This policy applies to the City Council and all City Officials that serve on a legislative body, including members of the Planning Commission and some City employees (e.g. those that serve on Modification Committee and the Business License Review Board). Office of the City Manager Mayor and City Council January 16, 2007 Page 2 • This policy calls for a $45 per day rate for meal reimbursement when attending a meeting, conference or seminar, unless unusual circumstances exist. There is also a provision included that states when attending a City - related function other than a conference, seminar or meeting that the actual cost of the meal will be reimbursed. • This policy allows the City to purchase a "block" of tickets or a "table" for major community functions at which it is traditional and expected that Council Members or City Officials attend. These tickets would usually be purchased in advance of knowing which Officials would attend and then distributed when it is known who is able to go to that particular function. • With the adoption of this policy, for major community events the City would be able to purchase a ticket for the spouse of a Council Member or City Official if said attendance by a spouse serves a public purpose such as joining the Official in fostering ties with the community. FISCAL IMPACT Although the ability to purchase a block of tickets and /or purchase a ticket for a spouse • may add some cost to the various department budgets, adoption of this policy should not have a significant fiscal impact. RECOMMENDATION It is recommended that the City Council review and discuss the attached Expense and Travel Policy for the City Council and Select City Employees and either direct staff to bring back the policy as is for adoption (with the appropriate resolution) or provide staff with any changes that should be made to the document prior to finalization and preparation of the resolution. Attachment r'1 I� ADMINISTRATIVE POLICY SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY COUNCIL AND SELECT CITY EMPLOYEES DRAFT POLICY STATEMENT Policy No.: Adopted: Amended: CITY MANAGER The purpose of this Administrative Policy is to provide guidelines and a procedure for handling expenses incurred by members of the City Council, the Planning Commission and of City staff who serve on a legislative body, while conducting City business and /or attending community functions, conferences and other events. It is the policy of the City of Arcadia to pay for expenses incurred by Council Members and other City Officials when the expense is related to municipal affairs and /or when it serves a public purpose. Said expenses include those related to travel, office supplies, attendance at conferences, workshops, meetings and special events. • This Administrative Policy covers the City Council, City Manager and other City Officials and staff that serve on a legislative body, as defined in Assembly Bill 1234. At the time this policy was written, examples of legislative bodies referred to in AB 1234 and therefore subject to this policy, include the City Council, Planning Commission, Modification Committee, Design Review Committee and the Business License Review Board. This policy does not in any way supersede AB 1234 or other State law. Rather, it is intended to put the City in compliance with the legislation and to provide a framework for how the City pays for travel to and attendance at events and reimbursement for expenses incurred while conducting City business. In this policy the word "Official' is used interchangeably in reference to Council Members, Commissioners and City employees. For the purpose of this policy the City does not make a distinction between expense payments made in advance or reimbursed. Both are considered a use of public funds and are subject to the procedures defined herein. Again, it should be clear though that this policy does not supplant any of the requirements of AB 1234, which arguably, may distinguish between the two types of payments. Page 1 of 6 ° ADMINISTRATIVE POLICY Policy No.: SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY Adopted: COUNCIL AND SELECT CITY EMPLOYEES Amended: DRAFT CM MANAGER AUTHORIZED EXPENSES The City will pay for or reimburse Council Members and City Officials for expenses incurred while conducting City business or while representing the City at community functions. The City may pay for or reimburse the following types of expenses: • Office supplies • Transportation - airfare, mileage or gasoline, rental car, parking • Lodging • Telephone • Baggage handling fees • Reasonable and customary gratuities • Internet and fax costs for actual City business Activities that generally qualify for advance payment or reimbursement include: • Educational or informational meetings, workshops and conferences • Participation in regional, state or national organizations whose activities affect the City's interests • Attending City functions • Attending community and community- related events Transportation The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements should be used. Airfare is limited to coach class on a commercial air carrier. An Official may obtain personal frequent flyer credits for flights taken, but the selection of an airline or a given trip shall not be made for the purpose of accumulating such miles. Automobile mileage is reimbursed at the prevailing Internal Revenue Service rate. If a rental car is necessary for the performance of an Official's duties, the car shall be " standard /intermediate /full- size /premium" unless an upgrade is provided at no additional cost. When using the City's preferred vendor (Enterprise), physical damage and liability insurance should be provided as part of the quoted cost. If another car 4 Page 2 of 6 .� ADMINISTRATIVE POLICY Policy No.: SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY Adopted: COUNCIL AND SELECT CITY EMPLOYEES Amended: DRAFT CITY MANAGER rental agency is used the liability insurance /damage waiver offered by the rental car company should be purchased at the time of rental. City vehicles are not usually used for transportation on extended trips, but if necessary they can be used with the approval of the City Manager or appropriate Department Head. Taxi fare, shuttle fees and parking fees are eligible for reimbursement as long as said expenses are incurred for City business. Lodging Lodging expenses will be paid for when travel on official City business reasonably requires an overnight stay. Lodging expenses are authorized for travel outside of a 50- • mile radius of City Hall unless approved in advance by a majority of the City Council for Council Members and by the City Manager for employees. Travelers should request the government rate, when it is available. Government rates are presumed to be reasonable and therefore reimbursable through this policy. If the government rate is not available, lodging should be obtained that is at the median retail price for that area. If lodging is in connection with a conference or group meeting, the cost shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available at the time of booking. If the group rate is not available, comparable (e.g. government rate) lodging may be used, keeping in mind that it should be within the median retail price for the area. Meals Reasonable (market rate) meal expenses and associated customary gratuities are eligible for reimbursement. Whenever possible, an attempt should be made to take advantage of meals that are included as part of the event. For the purpose of this policy, when on a trip the reasonable reimbursement rate for meals is $45 per day, unless unusual circumstances exist. This daily amount does not preclude the Official's responsibility to take advantage of meals included as part of the event. • When attending a City- related function other than a conference, seminar or meeting, the actual cost of the meal will be reimbursed. Page 3 of 6 u ADMINISTRATIVE POLICY Policy No.: SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY Adopted: COUNCIL AND SELECT CITY EMPLOYEES Amended: DRAFT CITY MANAGER Communes Functions For major community functions hosted by an outside organization, at which it is traditional and expected that Council Members or City Officials attend on behalf of the City, it is acceptable for the City to purchase a "block" of tickets or a "table" in advance, without knowing which Officials will attend, and then distributing the tickets when it is known who is able to go to that particular function. For major community events, the City may purchase a ticket for the spouse of a Council Member or Official if said attendance at the event by a spouse serves a public purpose such as joining the Official in fostering ties with the community. Examples of functions covered by this section include the Methodist Hospital Crystal Ball, the Chamber of Commerce Installation Dinner and Annual Taste of Arcadia event, Independent Cities Association events, employee association functions and Arcadia Red Cross activities. UNAUTHORIZED EXPENSES Expenses not eligible for reimbursement or advance payment by the City include: • Personal expenses • Dry cleaning • Political or charitable contributions • Entertainment expenses such as movies, sporting events, golf, etc. • Non - mileage personal automobile expenses such as repairs, traffic citations, insurance and related CASH ADVANCES From time to time it may be necessary for an Official to request a cash advance to cover anticipated expenses while traveling or doing business on behalf of the City. Such request for an advance should be submitted to the City Manager prior to the need for the advance with an explanation of the purpose of the expenditure and the anticipated amount of the expenditure. This request may be made on a "Travel Request and Expense Report Form." Any unused advance must be returned to the City. Page 4 of 6 ADMINISTRATIVE POLICY Policy No.: SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY Adopted: COUNCIL AND SELECT CITY EMPLOYEES Amended: DRAFT CITY MANAGER As noted below, expenses may be pre -paid, with the understanding that receipts still need to be submitted. PROCEDURE Arrangements for attendance at meetings, conferences and events may be made by the Council Member or by the Council's staff liaison in the City Manager's Office. To the extent possible, fees and charges may be paid in advance, with any outstanding documentation to follow when it is available. Whether travel arrangements are made by a staff member or by the Council Member, it is the elected officials' responsibility to ensure that all receipts and documentation are submitted as outlined in this policy. All expense reimbursement requests are to be documented with receipts and submitted • on the appropriate paperwork, which may include an expense report form, a petty cash slip or another City Manager approved form. For extended trips, a "Travel Request and Expense Report Form" is usually required and must be completed and approved by the City Manager prior to the travel taking place. As noted above, City Officials shall submit an expense report (or another approved form) in order to receive reimbursement. Expense reports must document that the expense in question meets the requirements of this policy. For example, if the meeting is with a legislator, the local official should explain whose meals were purchased, what issues were discussed and how they relate to the City of Arcadia. Expense documentation should be submitted within 30 days of the expense being incurred, accompanied by receipts. Inability to provide such documentation in a timely fashion may result in the expense being borne by the Official. All expenses are subject to verification that they comply with the intent of this policy. OTHER EXPENSES All other expenses for activities and materials not included in this policy require prior majority approval by the City Council at a public meeting. Page 5 of 6 uF° 4 ADMINISTRATIVE POLICY Policy No.: ze ` SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY Adopted: COUNCIL AND SELECT CITY EMPLOYEES Amended: DRAFT CITY MANAGER AB 1234 REPORTING Officials subject to AB 1234 must make a brief report at the next meeting of the legislative body on a conference, event or meeting they attended at the expense of the City. An exception to this is that if an employee attends a function as a City employee and not as a member of a legislative body, it is doubtful that AB 1234 reporting is required. Consult with the City Attorney if there are questions about this requirement. VIOLATION OF THIS POLICY The penalties for misusing public resources or falsifying expense reports in violation of this policy may include, but are not limited to, the following: a. Loss of reimbursement privileges b. Restitution to the City C. Civil penalties pursuant to Section 8314 of the Government Code d. Prosecution pursuant to Section 424 of the Penal Code Page 6 of 6 oV Al2 0 �4� yy ieot�.�C9 dr . Auryn 5. 00] STAFF REPORT Library and Museum Services Department January 16, 2007 TO: Mayor and City Council l FROM: Janet Sporleder, Director of Library and Museum Services t By Mary Beth Hayes, Principal Librarian for Adult Services SUBJECT: Acceptance: $3.000 from Joseph Alton Hamilton to the Library for books on compact disc Recommendation: Accept the donation Summary: Joseph Alton Hamilton is offering the Arcadia Public Library a donation of $3,000 for the purchase of unabridged books on CD. Discussion Mr. Hamilton is an avid user of the Library's collection of books on CD, with a particular interest in unabridged books by mystery writers. His donation will enable the Library to significantly increase its collection of popular unabridged books on CD. Each book will carry a special bookplate indicating that it is donated in memory of Mr. Hamilton's wife, Ruth Hamilton. All gifts to the Library are subject to approval by the City Council pursuant to City Charter article VIII section 809 (d). Fiscal Impact The Library will experience an added $3,000.00 to its budget allocation. Recommendation: Accept the donation of $3,000 to the Arcadia Public Library for the purchase of unabridged books on CD. Approved by: - J William R. Kelly, City Manager — Q�Oy e J4 STAFF REPORT Development Services Department January 16, 2007 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director By: Jason Kruckeberg, Community Development Administrator 3 Prepared By: Thomas Li, Associate Planner 'l V SUBJECT: Recommendation: Approve Final Map SUMMARY Tentative maps and final maps are required for all subdivisions that result in five or more parcels or condominiums. The City Council shall approve a final map if it conforms to all the requirements of the subdivision regulations of the Municipal Code and the State Subdivision Map Act. It is recommended that the City Council approve Final Map No. 64609 for a 76 -unit senior condominium subdivision at 650 W. Huntington Drive. DISCUSSION The evaluation of environmental impacts as set forth in the Initial Environmental Study required by the California Environmental Quality Act determined that Tract Map No. 64609 would not have a significant effect on the environment, and therefore a Negative Declaration was adopted by the Planning Commission on May 9, 2006. Final Map No. 64609 has been reviewed by the Los Angeles County Department of Public Works and the appropriate City Departments. Said map has been found to be in substantial compliance with the tentative map, as approved by the Planning Commission on May 9, 2006, and is in compliance with the subdivision regulations of the Municipal Code and the State Subdivision Map Act. RECOMMENDATION The Development Services Department recommends approval of Final Map No. 64609. Attachments: 1. Land use map 2. Letter of compliance from Los Angeles County 3. Final Map No. 64609 Approved: `4 * William R. Kelly, City Manager HUNTINGTON DR N too 0 (660) (634) W C -2 Q 2 3 O J m (820) C -2 (830) (850) (856) W (802) N (904) FA 1n 1LPOIf�.� ' ti x l Development Services Department Engineering Division c Preps dby. R.S.Goomiez, AO 2006 °0 m °mtr °tom °t NIF (642) (634) R-3 (630) 650 W Huntington Drive TM 64609 -. 100 Feet , k s } 61 48 t tr t ii r ri ii IF•� � ' t I � M I� . . 1 , V � t t 4+ a It hf n 1• f �^+/ 444E Y 7 .A'{s Y 'W YM Yi IS .:a � 4 kl 'aa ,1 i9 ' x i�np F h r^ 1_'+lSSV,,L.�rva a`*ti,1 rx I a � §'l gt Ell 'A RNA '� • y- I!�f5r "� ', xi i arl� +FyWa.9 �$�.9 r ] "� k - YLL 6 M+�N�' J [ 0, I ggll t yiiL ". a ' + I a 1 Jir �.♦ t G. ia �: ar vu 1 rj t rnj r I n , V8 1 ' r '.w Vt� r r rv,r• � 1� §,,.� S" iI. �z+ �f IU i4". i nYii AN V4 l � aF !i r e Wi z°' �� +� i d ; J� f '� �� " t , u x, a 3 r ,ri. r 4Yi J`, ANtw �I u3 E i £x r}T' 65 0 W Huntington D Arcadia zone WUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 'To Enrich Lives Through Effective and caring Service" DONALD L. WOLFE, Dimmr December 12, 2006 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (626) 458 -5100 www.ladpw.org ADDRESS ALL CORRESPONDENCETO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802 -1460 Mr. Phillip Wray City Engineer City of Arcadia P.O. Box 60021 Arcadia, CA 91006 -6021 Dear Mr. Wray: TRACT NO. 64609 IN REPLY PLEASE REFER TO FILE: LD-2 The enclosed subject final map has been reviewed and corrections made by Public Works for mathematical accuracy, survey analysis, title information, and for compliance with the Subdivision Map Act. It is ready for your examination and certification as to compliance with the conditional approval and applicable City Ordinances. The City Council, or Advisory Agency should make the findings required by the State Environmental Quality Act and the Subdivision Map Act. After your approval and the approval of the City Council or Advisory Agency, the final map should be returned to Land Development Division, Subdivision Mapping Section, for filing with the Registrar - Recorder /County Clerk's Office. If you have any questions, please contact Ms. Anait Pogozyan of our Subdivision Mapping Section at (626) 458 -4915. Very truly yours, DONALD L. WOLFE Director of Public Wo -- DENNIS HUNTER Assistant Deputy Director Land Development Division AP:ca P:ILPDPUBISUBD IVSNSMAPPINGIFORMSITRACT Enc. ;1 LOT -- 73,837 SO. FT. TRACT NO, 64609 IN THE CITY OF ARCADIA COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF PORTIONS OF LOTS 4 AND 5 OF TRACT NO. 2828, AS PER MAP RECORDED IN BOOK 33, PAGE 63 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. FOR CONDOMINIUM PURPOSES OWNER'S STATEMENT ME HEREBY STATE MAT NE ARE ME OM MS OF OR ARE INTERESTED IN ME LAWS INCLUDED MMN ME SUBDIVISION SHOMN ON MI5 MAP MTHIN ME DISTINCTIVE BORDER LNES, AND ME CONSENT TO ME PREPARATION AND HUNG OF SAID MAP AND SLBDIN40N. 650 HUNTINGTO! DR. U.C. A CAUFGRNIA UMIIEO UANUTY COMPANY BC (MANAONG MEMBER) STATE Of COUNTY O ON BEFORE ME, A NOTARY PUBUC PERSONALLY APPEARED PERSONALLY KNOWN TO ME (OR PROVED TO WE ON ME BASIS OF SATSFACMAY EVIDENCE) TO BE ME PERSON(5) MHOSE NAME(5) IS/ARE SUBSCRIBED TO ME NMIN INSTRUMENT AND ACKNONTEWED T) ME MAT NE/SHE/THEY EXECUTED ME SAME N HIS/HER/THEIR AUTHORIZED CAPACITY(IES). AND MAT BY HIS/HER/NEIR SGNATURE(S) ON ME INSTRUMENT ME PERSM(S). OR ME ENTTY UPON BENZ P O WHICH ME PERSON(S) ACTED, EXECUTED ME INSTRUMENT. NTNESS MY HAND AND OPTCIAL SEAL SGNATURE PLANTED NAME NOTARY PUBLIC I�G F D MY PRINCIPAL PLACE OF BUSINESS 15 IN COUNTY MY COMUMON MUMSER: MY COMMSSION EMPIRES CAMAY BANK. A CALIFORNIA BANKING CORP., BENEFICIARY UNDER A DEED OF TRUST RECORDED OCTOBER 20, 2005. AS INSTRUMENT NO W- 2335662 OF OFFICIAL RECORDS NAME NAME TITLE TIRE STATE O COUNTY O CN BEFORE ME. A NOTARY PUBLIC. PERSONALLY APPEARED PERSONALLY KNOW TO NE (DO MOM i5 M£ ON ME BANS OF BATSFACTO2Y EVIDENCE) TO BE ME PENSGN(S) MORE NAME(5) IS /ARE SUBSCRBED TO ME MTHN INSTRUMENT AND AONO'MEO£p TO ME NAT AUTHORRED 0 NAT By E ER/ME R SGNANRE(SMON ME INSTRUMENT ME PER S, OR ME ENTITY WON BEHALF OF RXIN THE PERSON(S) ACTED, EXECUTED ME INSTRUMENT. NNESS MY HAND AND CEREAL SEAL SIGNATURE PRINTED NAME NOTARY PUBLIC IN AND TSIE AS ID STATE MY PAINCIPA PUCE OF GUSHERS IS N COUNTY MY COMMISSION NUMBER MY COMMISSION EXPIRES BASIS OF BEARINGS ME BEARINGS SHDMM HEREON ARE BASED ON ME SEARING NO3 WE O ME CENTERUNE O BALDNN AVENUE, AS SHORN ON TRACT MAP W. 5L515 N.B. 1243-14 -15 CONDOMINIUM NOTE THIS SXBDIMSGN 15 APPROVED AS A CONDOMINIUM PROJECT FOR 76 UNITS MEREST ME EATERS OF ME UNITS O AIR SPACE WILL HOD AN UIDIMOED INTEREST IN ME COMMON ANUS MICH RILL N TURN, PROVIDE ME NECESSARY ACCESS ANON UTILITY EASEMENTS FOR ME UNITS SIGNATURE OMISSION NOTES ME SOIATURES O ME PARTIES NAMED HERIENAPTER AS OWERS OF ME INTEREST SET FORM, HAVE BEEN OMITTED UNDER PROVISIONS OF SECTION 664M (9) 3A (FWD W TIE SUBDIVISION MAP ACT, AS THEIR INTEREST IS SUN NAT IT CANNOT RPEN INTO A FEE AND SAID SIGNATURES ARE NOT REWIRED BY ME LOCAL AGENCY ANITA M. BALLOON, HOLDER OF AS EASEMENT RECORDED IN ROM 5430. PAGE 159 OF DEEDS SAID EASEMENT IS INDETERMINATE IN NATURE SOUTHERN CALIFORNIA EDISON COMPANY, HOLDER OF EASEMENTS FOR PUBLIC UTILITY PURPOSES RECORDED SEPTEMBER 3. 19M IN BOOK 25200. PAGE 137. AM JANUARY 12, 1957 AS INSTRUMENT NO, 250. BON OF OFFICIAL RECORDS. SOUTHERN COUNTIES GAS COMPANY OF CAUFORMA HOLDER OF M EASEMENT FOR PUBLIC UTILITY PURPOSES RECORDED MARCH 20, 1655 IN BOOK 50545, PAGE 234. O OPICIAL RECORDS. SURVEYOR'S STATEMENT SHEET 1 OF 2 SHEETS THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SLRME1' IN CONFORMANCE WITH ME REQUIREMENTS OF ME SUBDIVISION MAP ACT AND LOCAL DRONANCE AT ME REQUEST Of 630 HUNTINGTON DR. LLC, A CAUFONIA LIMITED UABIUTY COMPANY ON MAY 11. 205. I HEREBY STATE MAT ALL ME MDNUMENTS ARE Of ME CHARACTER AND OCCUPY ME POSITIONS INUNDATED. AND MAT ME MCMIMENTS ARE SJRICIENT TO ENABLE ME SURVEY TO BE RETRACED. AND MAT MIS FINAL MAP SUBSTANTIALLY CONFORMS TO ME CONDITIONALLY APPROVED TENTATIVE MM. N ALFRED J. MELMELL LS 6999 EXPIRES 09/30/07 CITY ENGINEER'S CERTIFICATE I HEREBY CERTIFY NAT .I HAVE EXAMINED THIS MAPi MAT IT CONFORMS SUBSTANTIALLY TO ME TENTATIVE MAP AND ALL APPROVED ALTERATIONS THEREOF: THAT ALL PROVISIONS OF SUBDIVISION ORDINANCES OF ME CITY OF ARCADIA APRICABLE AT ME ME O APPROVAL O ME TENTATVE MAP HAYS BEEN COMPLIED ON AID NAT 1 AM SATISFIED NAT THS MAP IS TECHNICALLY CORRECT MN RESPECT TO CITY RECORDS DATE CITY ENGNEEK PHILIP WAY L.5. 7355 UPIRES: 12/31/2005 CITY TREASURER'S CERTIFICATE I HEREBY CERTIFY NAT ALL SPECIAL ASSESSMENTS LEVIED UNDER ME XRISDCTION OF ME CITY OF ARCADIA TO WIN THE "NO INCLUDED N ME WITHIN SUBDIVISION OR ANY PMT THEREOF IS SUBJECT, ANON MACH MAY SE PAD IN FULL HAYS BEEN PAD IN NU- DATE CITY TREASURER - CITY OF ARCADIA PLANNING COMMISSION CERTIFICATE THIS 15 TO GMT" NAT ME TENTATIVE MAP OF TRACT MM NO 646M WAS APPpOKO AT A MEETING HELD ON ME 9M DAY OF MAY. 2006. I HEREBY CERTIFY NAT THIS MAP SUBSTANIALLY COMPUES MM ME PREYWSLY APPROVED TENTATIVE MAP. DATE SECRETARY OF THE PLANNING COMMISSCN - CITY OF ARCADIA FINANCE DIRECTOR'S CERTIFICATE I HEREBY CERTIFY NAT ME ME REWIRED BY SECTION 9116.4 OF ME MUNICIPAL CODE HAS BEEN PAID TO ME CITY O ARCADIA. DATE FINANCE DIRECTOR - CITY OF ARCAMA CITY CLERK'S CERTIFICATE I HEREBY CERTIFY NAT THE CITY COUNCIL OF ME CTT OF ARCADIA BY MOTION PASSED ON APPROVED ME ATTACHED MAP. DATE SCALE: 1 "= 50' TRACT NO 64609 IN THE CITY OF ARCADIA COUNTY OF LOS ANGELES, STATE OF CALIFORNIA FOR CONDOMINIUM PURPOSES MONUMENTS NOTE ®r ➢6G4NA'!¢'SN. WJ1164'9.. 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FAIR _ AVENUE 4 E' HUNTNGTON J]]li uele' }.� \NBfi tb'WT l l 1 � ri I I a SHEET 2 OF 2 SHEETS k q k 3 y a ey SY � A NOT A PART 09 THIS SVBOmSION 6151 1101AV. 9[ 11]9.9s' _ I]SW I 1])N CL 6 b NR 9YM MON NMMO M?O MY (bYpXD) 1 S lane j a a v U a� nI B_ INDICATES THE BOVNOARY Q TIE U9D BEING SUBOINBEO BY THIS MAP. nlMwxc aMN Nr9Ec Ae,ec ese N¢¢ir! rn uew MG 11A B AIOA( rceR nSnIA rIM}N_n 9Mrr ur r M vl'Mt I¢➢r N axN. mL fiifi. `A' Np6W4l'N DRIVE 211. k q k 3 y a ey SY � A NOT A PART 09 THIS SVBOmSION 6151 1101AV. 9[ 11]9.9s' _ I]SW I 1])N CL 6 b NR 9YM MON NMMO M?O MY (bYpXD) 1 S lane j a a v U a� nI B_ INDICATES THE BOVNOARY Q TIE U9D BEING SUBOINBEO BY THIS MAP. 1, . cvow STAFF REPORT Public Works Services Department DATE: January 16, 2007 TO: Mayor and City Council / / FROM: Pat Malloy, Public Works Services Direc rt6 Prepared by: Tom Tait, Field Services Mana er. Martin Ray, Utilities Superintendent. SUBJECT: TION: APPROVE SUMMARY On August 3, 2004, City Council approved an agreement with Hughes Supply, with optional extensions, for the purchase of water meters. As part of the Annual Meter Replacement Program, the City Warehouse maintains a supply of water meters for the Utilities Section. The purchase order with Hughes Supply is nearing the end and needs to be extended. The current contract provides for annual purchase order extensions with no price change. Based on the excellent service provided by Hughes Supply during the past two years staff recommends that the City Council award a purchase order extension in the amount of $225,000.00 to Hughes Supply for the purchase of data log radio read water meters for the City's water distribution system. DISCUSSION The Public Works Services Department's warehouse is responsible for distributing all water meters to the Utilities Section for meter replacement and new installations. The Warehouse maintains an on -hand inventory to prevent an interruption of this service and orders replacement meters to keep the inventory at proper stock levels. Proper Page 1 of 2 Mayor and Council January 16, 2007 water meter accuracy is important in estimating water demands, forecasting customer demands and aids in conservation efforts. 5/8" through 2" water meters in our system are replaced once every fifteen (15) years for accurate water measurements. The American Water Works Association (AWWA) standard recommends this to ensure that water meter accuracy is kept at an acceptable level. On June 29, 2004, the City Clerk publicly opened sealed bids submitted by the water meter vendors. As a result of a comparison of the bid prices from responsive bidders, Hughes Supply was the lowest bidder. Based on the excellent service provided by Hughes Supply during the past year, staff recommends that the City Council award a purchase order extension in the amount of $225,000.00 to Hughes Supply for the purchase of data log radio read water meters for the City's water distribution system. Staff began replacing our water meters with radio read meters last year. It will take approximately twelve (12) years to convert the entire system to radio read meters, but once the conversion is complete, we will be able to read the entire system from a vehicle as opposed to walking the routes and manually reading each meter. This will allow us to use the meter readers for other water related maintenance assignments or reduce staff accordingly. ENVIRONMENTAL IMPACT None FISCAL IMPACT Sufficient funds are available in the Warehouse budget to cover the cost of the water meters. RECOMMENDATION Award a purchase order extension in the amount of $225,000.00 to Hughes Supply for the purchase of data log radio read water meters. Approved by: PM:TT:MR:mn 1 + � William R. Kelly, City Manager Page 2 of 2 Ci Iu.uep�uW ' Cow %unity 00NO .` STAFF REPORT Administrative Services Department DATE: January 16, 2007 TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Direct SUBJECT: Appropriate the expected salary savi nqs in the Police Deoartment for additional salary and benefits and authorize the hiring of two additional Police Officers to achieve and maintain full staffing in the Police Department Recommendation: Approve SUMMARY Staff is recommending the City Council appropriate the expected salary savings in the Police Department for additional salary and benefits, and authorize the hiring of two additional Police Officers to achieve and maintain a full staffing level. BACKGROUND Over the last several years, the Police Department has been experiencing difficulties in recruitment and retention of sworn Police Officers. Recruiting and retention of Police Officers has proven to be not only a state and local problem, but agencies nationwide are experiencing these same difficult ties. The City of Arcadia has 75 sworn positions, which includes the Police Chief, Captains, Lieutenants, Sergeants, Agent and Officers. It is characteristic to experience some level of vacancies in the Police Officer ranks at any one time. In fact, the Department has not been completely at full force for a number of years. However, the level of vacancies the City of Arcadia has been experiencing in the last year was at its highest level. DISCUSSION The City Council has approved several retention and recruiting incentives including signing bonuses, longevity pay and retiree health benefits. These recruitment incentives have helped; however the Department is still facing vacancies at an unacceptable level primarily due to the significant amount of time required to recruit, complete background tests and train Police Officers. Once a new officer is hired and academy training is necessary, it is approximately 12 months before the officer can be out in the field working independently. If an experienced officer is hired from another policy agency (lateral) field training in Arcadia is still required and it is usually 5 to 6 months before a lateral can work independently in the field. Currently the Department has eight new hires in training, however they are still dealing with the regular loss of sworn officers through retirements and resignations for better opportunities. As a result, filling the vacancies is not materializing as quickly as desired. Staff is recommending the Department be permitted to increase the number of approved sworn positions by two Police Officers. This will allow the Department to step up its recruitment efforts and essentially 'over hire'. The goal is to achieve and maintain full staffing even in the wake of retirements and resignations. FISCAL IMPACT Annual salary savings is common Citywide. It is also more frequent in the Police Department due to the reasons discussed earlier in this report. As a result, staffs recommended annual budget has historically included aline item in the Police Department budget titled Expected Salary Savings. For the last few years this budgeted line item has been in the amount of $250,000 formalizing an anticipated salary savings. Actual salary savings in the Police Department is usually significantly higher. Staff is recommending that the anticipated salary savings be appropriated into salary and benefits to cover the cost 'over hiring" two sworn police officers to accomplish a full staffing level in the Police Officer ranks. I_ It is recommended the City Council: Appropriate the expected salary savings in the additional salary and benefits, and authoft additional Police Officers to achieve and main Police Department. Approved: U William R. Kelly, City Manager n; Police Department for e the hiring of two ain full staffing in the \ el�az V r Awn M� If0] %°aley °tK STAFF REPORT Police Department DATE: January 16, 2007 TO: Mayor and Members of the City Council FROM: Robert P. Sanderson, Chief of Police By: Nancy Chik, Management Analyst SUBJECT: Purchase of a High- Density Mobile Storage System for "the Police Department Recommendation: Waive the formal bid process and approve the purchase and installation of a Spacesaver high - density mobile storage system for the Police Department's Property /Evidence room from McMurray Stern in the amount of $48,625.76. SUMMARY Staff recommends that the City Council approve the purchase of a high - density mobile property/evidence storage system from McMurray Stern in the amount of $48;625.76. McMurray Stern is the sole source vendor of the Spacesaver mobile storage system in Southern California, and the funds have been budgeted in FY 2004 -2005 and FY 2006- 2007 Capital Improvement budget for this project. BACKGROUND & DISCUSSION Due to budgetary constraints during the construction of the new police, facility, no specialized mobile storage system was installed in the property /evidence room. Staff realized that storage space would become an issue, so funds for a high - density storage system having been budgeted over several years to initiate the project. Property and evidence retention is governed by the severity of the crime and statute of limitation. This can range from one year to an indefinite period of time. Because property and evidence cannot be disposed of at will, the Department has run out of storage space and 'a specialized rotary storage system is required to address the problem. The Spacesaver high - density mobile storage system consists of steel shelving units mounted on wheeled carriages that run on tracks. Individual modules compact together to eliminate the need for multiple access aisles, thereby, reducing the amount of space required by 50% or more. Spacesaver has installed more than 75,000 systems in offices, hospitals, libraries, warehouses, police departments, military bases, and laboratories. The Spacesaver Corporation also specializes in the storage of property and evidence for law enforcement use. Spacesaver has designed shelving units and components that offer more flexibility and durability, and the custom designed storage system can also be locked for security. Other storage system companies mainly offer shelving units for paper file storage and lacks in shelving component flexibility. Additionally, a similar type of Spacesaver storage system was installed in the Records Bureau during the construction of the police facility, and it has proven to be a functional, reliable, and durable storage system. Currently enough funds have been accrued to initiate this project with the purchase and installation of two fixed storage units and six mobile storage units. Additional funds will be budgeted in future Capital Improvement budget so more storage modules can be purchased and installed for the entire property/evidence room. McMurray Stern _ is the sole authorized Spacesaver area contractor for Los Angeles County, and staff recommends the purchase and installation of the high - density mobile storage system from this vendor. FISCAL IMPACT Staff has budgeted a total of $56,000 in the FY 2004 -2005 and FY 2006 -2007 Capital Improvement budget for this purchase and installation. RECOMMENDATION Waive the formal . bid process and approve the purchase and installation of a Spacesaver high - density mobile storage system for the . Police Department's Property /Evidence room from McMurray Stem in the amount of $48,625.76. Approved: William R. Kelly, City Manager .r� DATE: January 16, 2007 TO: Mayor and City Council FROM: William R. Kelly, City Manager By`. Linda Garcia, Com nications, arketing and Special Projects Manager' SUBJECT: FEDERAL LEGISLATIVE ADVOCACY PRIORITIES FOR 2007 Recommendation: Approve SUMMARY The Ferguson Group has represented the City of Arcadia for several years with regard to federal legislative matters and revenue opportunities. Their efforts have resulted in the receipt of millions of dollars to assist with various City projects. Every year around Ahis time, the City Council reviews and approves projects for which The Ferguson Group will focus on in the coming legislative session. This report summarizes the two areas staff is suggesting we focus on in the coming year and asks that the City Council set our federal lobbying priorities for 2007. BACKGROUND Since the beginning of our association with The Ferguson Group and our efforts to lobby the federal government for financial assistance,, the City has been successful in obtaining millions of dollars to assist with projects we would otherwise have difficulty completing. The majority of this money has been for a comprehensive water infrastructure improvement project that staff is working on in coordination with the City of Sierra Madre. Significant monies, have also been received for traffic and road improvement projects and a smaller amount was obtained for the Ruth and Charles Gilb Arcadia Historical Museum. While Arcadia has had excellent results with our federal lobbying program, it should be noted that the availability of funds and the priorities of the federal government vary from year to year, as does the willingness of legislators to provide money to local jurisdictions. At this point it is unclear how the recent change in the composition of Congress will affect allocations to local government and to Arcadia specifically. It is important to remember that our ability to qualify for federal funds can sometimes be hampered by the fact that Arcadia is an "upscale" community in terms of the income level of our residents and by the fact that as a city we are in very good financial condition. Office of the City Manager Mayor and City Council - 2007 Federal Legislative Priorities January 16, 2007 Page 2 DISCUSSION Staff recently met with Trent Lehman of The Ferguson Group and discussed several projects and alternatives for approaching the City of Arcadia's federal funding requests this year so that they will best meet federal criteria and be favorably received with respect to the current environment in Washington, D.C. On the advice of Mr. Lehman, staff is suggesting that we continue with the approach of concentrating on the highest priority projects that fall within the general guidelines and areas where there is the most discretion in terms of appropriations. Accordingly, staff is recommending that the City pursue federal funding to assist with the following projects: A. WATER PROJECTS Joint Water Infrastructure Proiects - Arcadia and Sierra Madre The cities of Arcadia and Sierra Madre have previously received funding for the plans,- specifications and estimates for the design and construction of water system facilities. The design and construction of these projects is imperative in order to safeguard the quality and reliability of the drinking water supply for the two cities in the event of a major seismic event in the region. Within this category is Phase 2 of the East Raymond Basin Water Resources Plan that will increase the yield of the basins, and construction of an emergency backup supply well that will provide additional supply capability to serve both cities. Grant request - $9,350,000 (cost of projects is approximately double this amount) Zone III Well The U.S. Army Corp of Engineers Seismic Reliability Study in 1997 identified the need for additional backup water supply wells to service Arcadia and Sierra Madre. Construction of backup wells would satisfy the recommendation made in the 1997. Construction of backup wells in our system are in addition to the emergency backup well referenced above. Grant request - $850,000 (cost of project is approximately double this amount) Rehabilitation of the Baldwin Reservoir Rehabilitation of the Baldwin Reservoir is necessary to ensure that it can withstand a seismic event. Grant request - $400,000 (cost of project is approximately double this amount) t Mayor and City Council - 2007 Federal Legislative Priorities January 16, 2007 Page 3 Grant reouests for the U.S. Armv Corps of Engineers Section 219 Program Water Resources Development Act Grant (WRDA) Staff would like to continue to seek $20 million through the Water Resources Development Act Grant Program for the East Raymond Basin Water Resource Program, which involves joint projects with the City of Sierra Madre and the County of Los Angeles, as well as the City of Arcadia Wastewater Infrastructure Program'. Congress took no action on WRDA in 2006 and continues to review funding requests. M There is a limited amount of space within the City of Arcadia for training Fire Department personnel without disrupting private property owners and /or the public. In the past, the City has utilized various private and public properties for training purposes including Santa Anita Park and Westfield Santa Anita. However, these facilities are becoming more unsuitable due to the lack of adequate available space and federal and state requirements that prohibit runoff -- t water from the training to enter the storm drain system. To address this problem, staff is proposing the construction of a Joint Training Facility that would be used , by City of Arcadia departments (Fire„ Police. and Public Works Services) as well as the public safety departments of surrounding jurisdictions. The facility would be large enough to conduct Fire Department training such as hose lays large water flow master streams, ground ladder deployment, defensive driving, search and rescue, confined space rescue, trench rescue and high /low angle rope rescue. A primary element of the facility would be a 40' tall steel training tower with an enclosed stairwell, exterior balconies, accessible rooftops, water standpipe and sprinkler systems, a smoke generating system, anchor points for repelling and a burn room for live fire training. An underground "drafting" pit" would also be included to enable personnel to practice drafting water from an open source such as alake, pool or stream, and to conduct the annual fire pump testing required of Fire Department pumpers. The drafting pit would connect to a drainage system to collect wastewater, utilized during training, thus ensuring compliance with State wastewater requirements. If constructed, the facility would be made available to Arcadia departments as well as surrounding jurisdictions in support of our mutual goal of maintaining well - trained firefighters, police officers and public works employees who are prepared to respond to emergencies. The regional nature of the facility is also useful in terms of our ability to obtain federal funding. Grant request - $750,000 (project cost, not including any land acquisition that may or may not be necessary) Mayor and City Council - 2007 Federal Legislative Priorities January 16, 2007 Page 4 FISCAL IMPACT The purpose of this report is to ask the City Council to set the priorities for our legislative advocacy efforts in the coming year, While , there is a City cost associated with executing the projects mentioned in this report, there is no fiscal impact at this time. RECOMMENDATION Staff recommends that the City Council authorize staff to direct The Ferguson Group to work on behalf of the City of Arcadia to seek funding for the water projects and Joint Training Facility, referenced in this report;'" and further, authorize staff to submit any documents or application forms for federal funding as may be needed for each project. A • fyCOet'OBATf9��eo� P RT STAFF RE O Development Services Department Date: January 16, 2007 To: Mayor and City Council From: Don Penman, Assistant City Manager /Development Services Director V Martha Eros, Transportation Services Officer, �%q Subject: Metro Gold Line Phase II Station Design and Art Review committee recommendation for artwork, architectural elements and betterments for the proposed Arcadia light rail station. Recommendation: Approve SUMMARY On November 2, 2004, the Arcadia City Council approved staff's recommendation to create an independent Station Design and Art Review (SDAR) committee to help formulate the City's vision of public art and choose architectural features for the future Metro Gold Line light rail station. Six Arcadia residents were appointed by the City Council to select a station artist and recommend the final design and art features for the station. The SDAR committee held a total of eight meetings during the past two years and selected artist Michael Davis to create a functional and aesthetic space on the station platform, and address the open space and pedestrian walkway adjacent to the rail line. The SDAR committee has completed its examination of standard and optional design elements for the station, and recommends approval of the station architectural features (as selected by SDAR) and the artwork created by Michael Davis. Additionally, the SDAR committee respectfully recommends that the Arcadia City Council consider and approve proposed "betterments ", or upgrades, of select art components. "Betterments" are those items that exceed the Authority's $120,000 art budget for the baseline features and amenities, street improvements, landscaping, hardscape, and artwork. BACKGROUND In October 2004, the Metro Gold Line Foothill Extension Construction Authority (Authority) solicited applications from artists for the Gold Line Phase II station design art program. The SDAR committee selected three finalists based on resume, portfolio of previous public art projects, and their proposed vision, theme, style, materials and art feature for the Arcadia rail station. The SDAR committee selected Michael Davis to r1 LJ design the artwork and provide guidance on fusing functionality, environment, and . aesthetics for the project. Michael Davis has 25 years experience in studio and public art, and has worked on transit stations and streetscape projects in Los Angeles, San Diego, and Seattle WA. Local projects include the Los Angeles County Metropolitan Transportation Authority (MTA subway station at Hollywood /Highland, Sunset/Vermont bus shelter design, and the 7 /Metro bench project. On July 19, 2005, the Arcadia City Council approved the SDAR committee's proposal for primary architectural elements, including color scheme, canopy configuration, platform surface design, and placement of standard platform hardware (i.e., ticket vending machines, benches). On June 19, 2006, Authority staff presented the preliminary station artwork and visual elements to the community at a public meeting held at the Arboretum Exhibit Hall, and public comments were taken at that time. Based on community input and the SDAR's goal to link the station platform to the parking structure, Mr. Davis' concept for the Arcadia station includes pedestrian walkways that guide passengers to the light rail platform. However, the Arcadia City Council will have final decision over the station design. DISCUSSION The SDAR committee, city staff and the Authority has reviewed, critiqued, and approved • advanced structural and art designs presented by architect Kathryn Lim and artist Michael Davis, including secondary visual elements on /around the station, such as the color of trash receptacles, cabinets, fencing, etc. A traditional scheme consisting of two shelters with bluish -green canopies and charcoal - colored columns placed symmetrical on each platform are recommended by the SDAR (Attachment A). Once the advanced station artwork, visual elements, and betterments are approved by City Council, these recommendations will be included in the Advanced Conceptual Engineering drawings and the Final Environmental Impact Report/Statement documents. The final artwork design is subject to review by the Authority's project conservator, engineer, fabricator, and the MTA to test for safety, durability and maintenance. Also, the final color selection will be determined by paint samples. The Authority requests the Arcadia City Council approve the following recommendations from the SDAR committee: L Station Visual Elements a. Desion Theme Station aesthetics, architecture and color will reflect the City's logo. The station platform structure and surrounding hardscape follow a prototype adopted by the Authority and the MTA that must comply with . 2 . federal standards. The Arcadia station will include two landing platforms, covered pedestrian shelters, benches, fencing, lighting, safety equipment, way - finding signs and ticket vending equipment. b. Station Architectural Elements The following are the station elements and their corresponding color. The Arcadia City Council approved Baseline Station Elements numbers 1 -9 (bold highlight) on July 19, 2005. CACCI IKM CTATInM PI FMFIdTC Station Visual Elements Color 1* Canopy roofing Blue-green 2* Canopy utters and flashing Charcoal 3* Canopy roofing underside Cream 4* Canopy framing members Charcoal 5* Canopy post Charcoal 6* Lean bar Stainless steel 7* Canopy pos base Natural concrete 8* Platform pavers Charcoal and Natural Gray (Herringbone pattern). Note: Artist added second color 9* Light fixtures and pole Charcoal 10 Bench Titanium Silver 11 Pedestrian crossing ate Titanium Silver 12 Trash receptacle Stone Gra 13 Guardrail Titanium Silver 14 Bicycle rack Stainless steel 15 OCS poles station area Silver 16 Cabinets station area Silver 17 Picket fence station perimeter) Titanium Silver 18 Warning Strip (platform) Black 19 Detectable warning strip Federal yellow 20 Walkway finish Concrete with broom finish 21 Ramp finish Concrete with buff wash 22 Platform stairs and landing finish Concrete w/ broom finish 23 Map case, Ticket vending machine, and Validator Stainless steel 24 Station pylon Stainless steel 25 Public address intercom, Closed circuit TV, and Public address Charcoal 26 Bic cle lockers White w/ blue-green door 27 Transformer station area Silver 28 Metering pedestal Silver 29 Backflow preventor enclosure Black 30 Traction power substation Sae Blue -Green *Highlighted elements No. 1 -9 previously approved by Arcadia City Council. 3 U. Station Art Financed by Metro Gold Line Authority Art Budget A primary concern the SDAR committee expressed was pedestrian connectivity between the two station platforms and the parking structure across the street (Attachment B). Mr. Davis has designed a two -color paver scheme and /or paver pattern from fhe east/westbound platforms and the parking structure to serve as a way finding strategy that links pedestrians between the two areas. Mr. Davis designed a unique sculpture depicting Arcadian icons on the limbs of the structure for placement in the proposed plaza adjacent to the station parking structure (Attachment C). The MTA will maintain the landscaping in its right -of -way, but the Arcadia City Council could consider entering into a Memorandum of Understanding with the MTA to allow the City to maintain the landscaping in the plaza area. The SDAR committee is recommending upgrading the vegetation in the plaza to create a cooler green environment and adding an oak tree to reflect one of the City's signature trademarks. A translucent -panel canopy over the parking structure entrance leading into the plaza area will tie in the landscaping colors and a proposed canopy enhancement on the station platform (Attachment C, D). 111. Proposed Betterments Requiring Local City Financing The SDAR committee supports and recommends all enhanced or upgraded elements • ( "betterments ") proposed by the station artist to various portions of the station platform, pedestrian walkway, and land adjacent to the station parking structure. "Betterments" are those items that exceed the Authority's budget for the baseline work for the station, street improvements, landscaping, hardscape, and artwork. The list of "betterments" include: 1. Replacing the metal canopy cover on the platform shelters with an upgraded translucent panel (referred to as Kalwal) to reflect the natural lighting of the environment (Attachment D); 2. Installing brick pavers on the pedestrian ramps and crosswalks connecting the platforms and parking structure instead of "stamped" concrete; 3. Replacing the metal canopies on platform hardware (i.e., ticket vending machines and map /wayfinding case) with same upgraded translucent panels; 4. Additional vegetation and lighting, installation of an oak tree, and benches in the plaza area adjacent to parking structure; 5. Additional pedestrian lighting on the street property leading to the station and parking structure. Below is a list of the potential betterments and estimated costs associated with them. These costs are in 2006 dollars and will be escalated using the CPI Index to the year of expenditure. The City Council has the option of selecting all or some of these items. • 2 Please note, Item 1 and 1 A are for the same areas and therefore one or the other may . be selected. RFTTFRMFNTS TGRI.F Item Description Total Difference Price Pavers: 1 Change 2.5' concrete (4" total baseline) to 2" pavers on $ 137,218.4 112" sand Colored concrete: 1A Change 4" concrete to stamped colored 4" concrete $ 54,908.7 Translucent panels: 2 Change metal canopy on NM /Map Case to translucent $ 1,152.00 _p anels 3 Translucent panels: $ 16,356.8 ' Change metal canopy on platform to translucent panels Plaza adjacent to station parking structure: 4 dd plaza with upgrade to landscaping and add lighting, $ 122,861.3 benches, etc. Pedestrian lighting: 5 Add pedestrian lighting from station to parking structure $ 90,000.0 SUBTOTAL (1 -5) BEFORE MARK -UPS" $ 367, 588.5 SUBTOTAL (1A -5) BEFORE MARK -UPS $ 285,278.8 TOTAL WITH MARK -UPS* (i THRU 5) $ 606,521.1 TOTAL WITH MARK -UPS (1A THRU 5) $ 470,710.08 Mark -Ups: Labor (20 %), Equipment (10 %), Materials (10 %), Subcontractors (5 %), Contingency (20 %) The Art Committee has reviewed all options and architectural suggestions presented by artist Michael Davis, and support the design as a whole unit for City Council consideration and approval. However, the Arcadia City Council will have the final decision over the station design. The City Council may select one or all of the proposed SDAR betterments, and subject to availability of future funding sources, prioritize the list (at a future meeting) for consideration prior to the Metro Gold Line Foothill Extension project entering the Design /Build phase. I. . ENVIRONMENTAL IMPACT • The Final Environmental Impact Report/Study (EIR /S) was completed in August 2005 and is currently under review by the FTA. A formal Record of Decision will be issued when the FTA approves the project. FISCAL IMPACT The Metro Gold Line Foothill Extension Construction Authority will construct the rail infrastructure and a fully functional station according to Federal, State and Public Utility Commission (PUC) standards. The average cost of a rail station with mandatory structural and safety elements is approximately $3 -5 million based on the complexity of the alignment and a center (one) versus side (two) platform station. The Authority has budgeted $120,000 for artwork at each station, which includes the major standing sculpture, the pedestrian canopy at the parking lot entrance, and the materials, installation, design and construction of these two pieces. Enhancements or improvements beyond the baseline standard station design, such as additional street improvements (i.e., brick pavers instead of concrete), hardscape (i.e., concrete pathways), landscape (i.e., vegetation and oak tree), or structural elements (i.e., canopy material upgrade to translucent panels), are "betterments" (or upgrades) that may require up to $600,000 in alternate funding sources. The City will be responsible for funding the difference between baseline costs and the • betterment costs as indicated in proposed Betterments Table. The City Council can select and prioritize betterments subject to availability of future funding sources once the Metro Gold Line Foothill Extension project receives Federal authorization and funds to proceed with the Design /Build phase. The Arcadia City Council will have final decision over the station design. RECOMMENDATION That the Arcadia City Council approve the Metro Gold Line Phase II Station Design and Art Review committee recommendation for artwork and baseline station elements, and determine whether to proceed with betterments for the proposed Arcadia light rail station as recommended by the Station Design and Art Review Committee subject to future available funding sources. Approved by: ` - I William R. Kelly, City Manager Attachments: A. Station Platform, Canopy Placement B. Station Site Plan and Pedestrian Access C. Proposed Art Features /Design D. Example of Kalwal Canopy at Metro Gold Line - Southwest Museum Station 0 'l P MIN lYtr i � r / 1 DATE: January 16, 2007 TO: Mayor and City Council ��I��feee��' FROM: William R. Kelly, City Manager By: Linda Garcia, Com unications, arketing and Special Projects Manager SUBJECT: SUMMARY At the December 5, 2006 City Council meeting, staff was directed to bring back for Council consideration an ordinance to prohibit on private property in Arcadia the attraction of or feeding of peafowl. Said ordinance is attached and presented for introduction. DISCUSSION At the December 5, 2006 City Council meeting, staff was directed to bring back for Council consideration an ordinance to prohibit on private property in the City of Arcadia the attraction of or feeding of peafowl. (The City already prohibits the feeding of these animals on public property.) While peafowl are cherished by Arcadians, the problems associated with the birds (noise, damage to landscaping, debris) tend to be exacerbated because of the large population. The purpose of this ordinance is to try to alleviate the concentrations of peafowl that are occurring in some sections of the City. The hope is that if residents do not intentionally feed the .birds or otherwise attract them to their home that the groupings will spread out and therefore be less troublesome. The language in Ordnance No. 2224 is self explanatory as to its intent. If introduced tonight, the ordinance will come back on February 6, 2007 for adoption. FISCAL IMPACT None Office of the City Manager OF ARCADIA Recommendation: Introduce Mayor and City Council - introduction of Ordinance No. 2224 January 16, 2007 Page 2 RECOMMENDATION It is recommended that the City Council introduce Ordinance No. 2224, an ordinance of the City Council of the City of Arcadia, California, adding Section 4137.8 to Article IV, Part 3, Division 7 of the Arcadia Municipal Code relating to the feeding of peafowl within the City of Arcadia. Attachment r ORDINANCE NO. 2224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA; CALIFORNIA, ADDING SECTION 4137.8 TO ARTICLE IV, PART 3, DIVISION 7 OF THE ARCADIA MUNICIPAL CODE RELATING TO THE FEEDING OF PEAFOWL WITHIN THE CITYOF ARCADIA THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4137.8 is hereby added to the Arcadia Municipal Code to read as follows: Sec. 4137.8. ATTRACTING PEAFOWL PROHIBITED No person shall feed or leave food, food product, grain, pet food, or refuse on private property, or otherwise maintain private property in a manner that constitutes a lure, attraction or enticement to peafowl. SECTION 2. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. Passed, approved and adopted this day of , 2007. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: kph P, Stephen P. Deitsch (74 9 STAFF REPORT Office of the City Attorney DATE: January 16, 2007 TO: HONORABLE MAYOR AND CITY COUNCIL 1 n L,.� FROM: STEPHEN P. DEITSCH, CITY ATTORNEY Sr �� r ' L � a' "I BY: LISA MUSSENDEN, INTERIM CHIEF DEPUTY CITY CLERK SUBJECT: ADOPT 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 TO ELIMINATE EMINENT DOMAIN AND TO PROTECT EXISTING LAND USES IN THE CENTRAL BUSINESS DISTRICT ZONE: AND ADOPT 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 Ballot Title: Initiative Measure To Amend The Arcadia Municipal Code To (1) Eliminate The Use Of Eminent Domain for Purposes of Taking Private Property for Private Use, (2) Promote Economic Development And (2) Protect Existing Land Uses In The Central Business District Zone Recommendation: Adopt Resolutions Calling For Measure to be Submitted to Voters at a Special Municipal 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 initiatives on the same ballot; the measure that receives the most votes takes precedence in an initiative election. Page 1 of 3 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 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, Morlan Place, and Huntington Drive ( "City Block ") and would establish a two -year moratorium on existing auto - related uses in the City Block. 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 that potentially could be paid into the General Fund by Rusnak. The City may submit its own competing initiative to the voters on the same ballot as the Initiative. If both pass, whichever of the two initiatives receives the most votes prevails. 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 Central Business District Zoning Area and would protect all existing land uses in the City Block. The City's proposed initiative would also prohibit the City (not just the Redevelopment Agency) from condemning private property to give it to another private party for development or private use. 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 on May 8, 2007 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 municipal election on the Initiative. RECOMMENDATION: The City Council may choose one (1) of the following 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 municipal 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. Page 2 of 3 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: 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 to eliminate domain and to protect existing land uses in the 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. (If approved, the date for filing arguments would be January 30, 2007) APPROVED: iCA William R. Kelly City Manager Attachments Page 3 of 3 RESOLUTION NO. 6551 A RESOLUTION OF THE CITY 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 MEASURE 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 COUNCIL 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 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? 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 Resolution, the Special Municipal Election shall be held and conducted as provided by law for holding municipal elections. SECTION 4. Notice of the time and place of holding the election is given as set forth in City Council Resolution No. 6545, and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 2 Passed, approved, and adopted this 16th day of January, 2007. 1 Mayor of the City of Arcadia ATTEST: A ` ■ ■ City Clerk APPROVED AS TO FORM: U 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 St JAMES H V'°°PP d' S. City Clerk of the City of Arcadia 9 ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL 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 USE 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 California 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, Morlan Place, and Huntington 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 EXHI T "A` 1 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 additional permitted uses on the City Block for businesses existing prior 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 continued existence; and WHEREAS, 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' investment 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 Section 303 of the Redevelopment Plan for the 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, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. 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 concerning the City's use of eminent domain and existing permitted 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 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 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)." 5 Section 9264.2.11 of the Arcadia Municipal Code is hereby added to read as follows: "Section 9264.2.11. Additional 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 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 shall go into effect ten (10) days after the date on which the election results are declared by the City Council. rl SECTION 4. Competing Measures. In the event that another ballot measure ( "Competing Initiative ") 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 ►o d SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The people hereby declare that they would have approved this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one of more sections, subsections, 7 subdivisions, sentences, clauses, phrases, 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 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 L•' RESOLUTION NO. 6552 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS FOR THE MEASURE WHEREAS, a Special Municipal Election is to be held in the City of Arcadia, California, on Tuesday, May 8, 2007 at which there will be submitted to the voters the following measure: MEASURE B Shall an ordinance amending the Arcadia Municipal Code and Redevelopment Plan to (1) eliminate the use of eminent domain for purposes of taking private property for private use, (2) promote economic development, (3) protect existing land uses in the Central Business District Zone, and (4) preserve the rights of private property owners to reasonably and lawfully use and develop their property, be adopted? WHEREAS, the Elections Code allows the City Council, or a member or members of the City Council authorized by the City Council, to submit an argument for or against ballot measures; and WHEREAS, the Elections Code mandates that the City Clerk, as the City Election Official, when selecting arguments to print in the official election materials, must give priority to the following arguments in the following order: 1 (1) the City Council or member(s) of the City Council authorized by the City Council to submit an argument; (2) the individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the ballot measure; (3) bona fide associations of citizens; and (4) individual voters who are eligible to vote on the measures; and WHEREAS, the Elections Code also authorizes the City Council to direct the City Attorney to prepare an "Impartial Analysis" of any measure submitted to the voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Written Argument 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 Clerk, pursuant to Section 9286 of the Elections Code of the State of California. 2 • 11 SECTION 2. Format of Written Argument. 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 Arguments The City Council directs the City Clerk to abide by Section 9287 of the Elections Code when selecting arguments in favor of and against 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 Attorney shall prepare an impartial analysis of the proposed measure showing the effect of the proposed measure on the existing 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 16th day of January 2007. .�. Mayor of the City of Arcadia ATTEST: /S JAMES H. BARROW City Clerk APPROVED AS TO FORM: j av Z- ;z �e A City Attorney rd 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. 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 City Clerk of the City of Arcadia 5