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HomeMy WebLinkAboutMay 6, 2008,.m..~.. .~ City of Arcadia Office of the City Clerk NOTICE OF SPECIAL MEETING As authorized by California Government Code Section 54956 and Arcadia City Charter Section 408, a Special Meeting of the Arcadia City Council/Redevelopment Agency is hereby called to be held at the City of Arcadia Council Chamber Conference Room, 240 W. Huntington Drive, Arcadia, California at 5:00 p.m. on Tuesday, May 6, 2008. At this Special Meeting, the following matters will be discussed, considered and acted upon: CLOSED SESSION a. Pursuant to Government Code Section 54956.9(b)(1) to confer with legal counsel regazding anticipated litigation: Two (2) cases b. Pursuant to Government Code Section 54956(a) to confer with legal counsel regazding the case of Susannah and Patrick Howard v. City of Arcadia, et al. (Los Angeles Superior Court Case No. GC037061). Jim Bazrows City Clerk c. Pursuant to Govemment Code Section 54956(a) to' confer with legal counsel regarding the case of Peck Entertainment, et al. v. City of Arcadia (United States District Court Case No. CV06-4631 PJWx). d. Pursuant to Govemment Code Section 54956(a) to confer with legal counsel regazding the case of Taboo Gentlemen's Club, et al. v. City of Arcadia (Califomia Superior Court 2"d Appellate District Court Case No. B203060). e. Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of Ken Harper v. City of Arcadia, et al. (United States District Court Case No. CV08-02286 MANx). f. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regazding the case ofMueller v. City of Arcadia, et al. (Los Angeles Superior Court Case No. BC389475). Prior to going into closed session, there will be time reserved for those who wish to address the City CounciURedevelopment Agency regarding the above items. No further business other than the above will be considered at this meeting. 240- West Huntington Drivc PoscOffice Box 60021 Arcadia, CA 91066-6021 (626)574-5455 Dated: May 1, 2008 Fi!.-C~.P~szl-~~,1 Mayor of the City of Arcadia Pursuant to the Americans with Disabilities Act, persoas with a disability who require a disability reiated modificafion or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574-5455. Notificafion 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. ~LPe""ti CITY OF ARCADIA D CITY COUNCIUREDEVELOPMENT AGENCY REGULAR MEETING sa"°"''°"~°~"" TUESDAY, MAY 6, 2008 AGENDA 7:00 p.m. Location: City Council Chamber, 240 W. Huntington Drive CALL TO ORDER INVOCATION Reverend Melissa MacKinon, Church of the Good Shepherd PLEDGE OF ALLEGIANCE ROLL CALL OF CITY COUNCIUREDEVELOPMENTRGENCY MEMBERS: Robert Harbicht, Mayor/Agency Chair John Wuo, Mayor Pro Tem/Agency ice Chair Peter Amundson, Council/Agency Member Roger Chandler, Council/Agency Member Gary Kovacic, Council/Agency Member REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PRESENTATIONS a. Presentation of Proclamation in honor of "Arcadia Day of the Teacher" PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. Any wntfngs or documents provided to a majority of the City Councfl regarding any item on this agenda will be made available for public inspection fn the City Clerk's once located at 240 W Huntington Odve, Arcadia, Cali/omia, during normal business hours. CITY COUNCIL ITEMS: a. CONSIDER ALL PROTESTS AND CLOSE THE BALLOT PROCEEDINGS AT Recommended Action: Conduct Public Hearing and Provide Direction under City Manager reports based on the ballot results. PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council/Redevelopment Agericy during the Public Comments period is asked to complete a "Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the 7:00 p.m. Open Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council/Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Couhcil/Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK Announcement of City Council Boards and Commissions Liaison Assignment by Mayor. 2. 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: REGULAR MEETING MINUTES OF APRIL 1 AND APRIL 15, 2008. Recommended Action: Approve CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES OF APRIL 1 AND APRIL 15. 2008. Recommended Action: Approve c. d. Action: Approve Any wdtings or documents provided to a majodty of the City Council regarding any ttem on this agenda will be made available /or public /nspecdon in the City Clerk's office located at 240 W Huntington Drive, Arcadia, California, dudng normal business hours. Recommended Action: Adopt APPROVE A CHANGE ORDER TO A PURCHASE ORDER WITH BASIC CHEMICAL SOLUTIONS LLC FOR THE PURCHASE OF SODIUM HYPOCHLORITE TO DISINFECT THE CITY'S DOMESTIC WATER SUPPLY IN THE AMOUNT OF $5.000. Recommended Action: Approve ACCEPT ALL WORK PERFORMED BY SILVIA CONSTRUCTION INC FOR THE STREET REHABILITATION OF ALICE STREET AND GENOA STREET BETWEEN SANTA ANITA AVENUE AND FIRST AVENUE PROJECT AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS Recommended Action: Approve g. DESIGNATE MAYOR ROBERT HARBICHT AS THE CITY OF ARCADIA'S DELEGATE TO THE GOVERNING BOARD OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND MAYOR PRO TEM JOHN WUO AS THE ALTERNATE DELEGATE. Recommended Action: Approve 3. CITY MANAGER a. Recommended Action: Provide Direction b. UPON SUCCESSFUL BALLOTING RESULTS ORDER THE FORMATION OF THE SANTA ANITA OAKS STREET LIGHTING ASSESSMENT DISTRICT FOR FISCAL YEAR 2008/09 BY ADOPTING THE FOLLOWING RESOLUTIONS• RESOLUTION N0. 6623 DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PRODEEDINGS CONDUCTED FOR THE PROPOSED LEVY OF ASSESSMENTS RELATED TO THE SANTA ANITA OAKS LIGHTING DISTRICT COMMENCING IN FISCAL YEAR 2008/09 Recommended Action: Adopt RESOLUTION NO. 6624 AMENDING AND/OR APPROVING THE ENGINEER'S REPORT FOR THE FORMATION AND ANNUAL LEVY OF NEW ASSESSMENTS CONNECTED THEREWITH FOR THE SANTA ANITA OAKS LIGHTING DISTRICT COMMENCING IN FISCAL YEAR 2008/09 Recommended Action: Adopt RESOLUTION NO. 6625 ORDERING THE FORMATION OF THE SANTA ANITA OAKS LIGHTING DISTRICT AND ORDERING THE IMPROVEMENTS AND LEVY OF ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2008/09. Recommended Action: Adopt .~ IF MAJORITY PROTEST EXITS BASED ON THE BALLOT RESULTS ABANDON THE FORMATION OF THE SANTA ANITA OAKS STREET LIGHTING ASSESSMENTS DISTRICT FOR FISCAL YEAR 2008/09 BY ADOPTING THE FOLLOWING RESOLUTION• Any writings or documents provided to a ma%odty of die City Council /agarding any Item on this agenda will be made available for public Inspection !n the City Clerk's ofice located at 240 W. Huntington Drive, Arcadia, California, dudng normal business hours. Recommended Action: Adopt c. ADJOURNMENT The City Council/Redevelopment Agency will adjourn this meeting in memory of Doug Smith to Tuesday May 20, 2008, 4:00 p.m. at the Arcadia Police Department EOC Room. PURSUANT TO THE AMERICANS WITH DISABILITIES ACT, PERSONS WITH A DISABILITY WHO REQUIRE ADISABILITY-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. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W. HunG'ngton Ddve, Arcadia, California, during normal business hours. PROPERTY AND THE PUBLIC RIGHT-OF-WAY. Recommended Action: Provide Direction _. 50:0041 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, APRIL t, 2008 CALL TO ORDER Mayor Segal called the Study Session Meeting to order at 5:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Wuo and Segal ABSENT: Mayor Pro Tem Harbicht A motion was made by Council/Agency Member Amundson seconded by Council/Agency Member Wuo to excuse Mayor Pro Tem Harbicht. CLOSED SESSION/STUDY SESSION PUBLIC COMMENTS (5 minutes per person) None STUDY SESSION a. Report, discussion and direction regarding options for refunding the 2001 redevelopment tax allocation bonds with a new 2008 bond issue. City Manager Don Penman provided a brief summary regarding the options for the refunding of the 2001 Redevelopment Tax Allocation Bonds and the issuance of new 2008 Tax Allocation Bonds. Mr. Fabian, the City's financial consultant from Fieldman Rolapp & Associates discussed the 2001 Tax Allocation Bonds issued by the Agency and whether they can be refunded in order to save the Agency money. He further discussed existing revenue of the Agency to see if there is a potential for new money based upon revenue the agency is collecting from tax increment; and also the need to fund the Agency's Housing Fund cumulative obligation. Mr. Fabian provided an overview of the 2001 Tax Allocation Bonds and refunding the 2001 Tax Allocation Bonds; he provided a refunding analysis as of March 31, 2008, the issuance of New Money Taxable Bonds, and discussed the Agency's Housing Fund cumulative obligation. Mr. Fabian noted that due to current bond market conditions, it may not be prudent to move forward with the refunding of the 2001 Tax Allocation Bonds. Mr. Fabian concluded by providing recommendations for consideration. The City Council unanimously (4-0, Council Member Harbicht having an excused absence) unanimously directed staff to monitor bond market conditions in order to determine if tax-exempt and taxable interest rates improve enough to warrant moving forward with a refunding of the 2001 Tax Allocation Bonds in late summer of this year and move forward with the issuance of additional bonds to generate taxable new money proceeds for the Redevelopment Agency in conjunction with the refunding of the 2001 Tax Allocation Bonds after receipt of the Agency 2008-09 assessed values from the County; and prepare a plan to address the Redevelopment Agency's Affordable Housing Fund cumulative obligation. 04-01-2008 50:0042 CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: Don Penman and Mike Casalou. Employee Organization: Safety Management Employees (Fire and Police). b. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the case of Westfield LLC et al (Petitioners} v. City of Arcadia et al. (Respondents) - (Los Angeles County Superior Court Case No. BS111834) c. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the case of Westfield LLC et al (Petitioners) v City of Arcadia, et al. (Respondents) -Caruso Property Management Inc et a1 tReal Parties in Interest . (Los Angeles County Superior Court Case No. BS108923) d. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the case of Arcadia First! (Petitioner) v. City of Arcadia (Respondent) - Ma na Entertainment Cor oration et al. Real Parties in Interest . - (Los Angeles County Superior Court Cast No. BS108937) RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SE5510N Mayor Segal convened the Regular Meeting at 7:05 p.m. in the Council Chamber. INVOCATION Reverend Thomas Shriver, from Emmanuel Assembly of God delivered the invocation. PLEDGE OF ALLEGIANCE Mayor Mickey Segal led the flag salute. ROLL CALL OF CITY COUNCILIREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Wuo and Segal ABSENT: Mayor Pro Tem Harbicht A motion was made by CouncillAgency Member Chandler seconded. by Council/Agency Member Amundson to excuse Mayor Pro Tem Harbicht for his absence. REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION/STUDY SESSION ITEMS City Attorney Steve Deitsch reported that the City Council conducted a study session to consider options for refunding the 2001 Redevelopment Agency's Tax Allocation Bonds and the possible issuance of a new 2008 Tax Allocation Bond; he further reported that the City Council unanimously directed staff to monitor bond market conditions in order to determine if tax-exempt and taxable interest rates improve enough to warrant moving forward with a refunding of the 2001 Tax Allocation Bonds in late summer of this year, authorized staff to move forward with the Issuance of additional bonds to generate taxable new money proceeds for the Redevelopment 04-01-2008 a~ 50:0043 Agency in conjunction with the refunding of the 2001 Tax Allocation Bonds and to prepare a plan to address the Redevelopment Agency's Affordable Housing Fund cumulative obligation. City Attorney Steve Deitsch also reported that the City Council also met in a closed session to consider the four items listed on the posted notice of special meeting agenda. Mr. Deitsch announced no reportable was action taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS None MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council/Agency Member Amundson, seconded by Council/Agency Member Chandler and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS Presentation of Certificate to Kevin Fox and Arcadia High School Constitution Team. PUBLIC HEARING a. Don Penman, City Manager provided the staff report regarding approval of tax-exempt bond financing to be issued by the California Statewide Communities Development Authority to benefit Methodist Hospital of Southern California; he explained that the Hospital would like to use the proceeds of the bond to upgrade existing facilities and develop a new tower that will include a new emergency department, critical care units and expand medical and surgical capacity. Mr. Penman further explained the City must conduct a public hearing and approve the bond; and noted that the City of Arcadia will not incur any financial liability as a result of the bond issuance. Steve Deitsch, City Attorney explained the purpose of the TEFRA hearing and process; he further explained that federal regulations mandate that the City of Arcadia must conduct a public hearing to provide consent for the issuance of bonds. Mayor Segal opened the public hearing and invited Dennis Lee from Methodist Hospital to speak. 04-01-2008 Recommended Action: Adopt 50:0044 Dennis Lee, President; Methodist Hospital of Southern California provided a brief overview of the proposed project; he explained the new parking structure, main entrance, new five-story patient tower, new ambulance bay and ambulatory entrance. Kevin Hale, Bond Counsel, Orrick, Herrington & Sutcliff provided information regarding the issuance of the Bonds and the law that authorizes the issuance of the Bonds. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Wuo, and seeing no further objection, the Mayor closed the public hearing. A motion was made by Council Member Chandler, seconded by Council Member Wuo and carried on roll call vote to adopt Resolution No. 6617 approving atax-exempt bond financing to be issued by the California Statewide Communities Development Authority to benefit Methodist Hospital of Southern California. AYES: Council Member Chandler, Wuo, Amundson and Segal NOES: None ABSENT: Council Member Harbicht PUBLIC COMMENTS Jose Estrada, State Farm Insurance in Arcadia, appeared and spoke regarding the costs associated with being relocated by the Redevelopment Agency. City Manager Penman indicated he would call Mr. Estrada to discuss his issues. Vince Vargas appeared and spoke requesting the matter of the proposed cell tower in the Santa Anita Oaks area be placed on a future City Council agenda. Mr. Penman suggested that staff meet with Mr. Vargas to discuss the process .and provide a report to the City Council regarding cell towers in the public right of way. Mr. -Malloy from Public Works reported that the design has been sent back to the communication company for revisions. Council Member Wuo made a motion, seconded by Council Member Chandler to conduct a study session on May 4, 2008. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Wuo announced the upcoming Election and encouraged everyone to come out and vote. Council Member Amundson announced that he attended the Chamber of Commerce dinner installing Judy Ponds as President and recognized Gail Jensen as Citizen of the Year; he congratulated. both individuals for their honors; he also discussed the water shortages facing the State and encouraged conservation; and requested an update on police recruits. 04-01-2008 T' r 50:0045 Chief Sanderson reported that seven new officers were recently sworn in; three of which speak Chinese; he further announced an additional four new officers are in the Academy and anticipates the City should be fully staffed by January. Council Member Chandler noted that a victim came to the Police Department reporting an individual stealing U.S. Mail and the police conducted a sting operation and apprehended a suspect and obtained a search warrant and discovered truck loads of mail from Arcadia and Sierra Madre; Mr. Chandler congratulated Officer Stan Flores grid the Police Department on a job well done; he also praised another Arcadia officer who disrupted a residential burglary ring that spanned from San Bernardino to Pasadena and referenced a criminal identified by Chief Sanderson two years ago that was apprehended in Monrovia; he praised Police Department efforts on all of these cases. He also congratulated Gail Jensen on becoming Citizen of the Year and the Constitution Team of Arcadia High School. He thanked the Republican Women group for his new tie. City Clerk Barrows announced that this week the Civitan Club and City of Arcadia Recreation Services are hosting the 2nd Annual Civitan Track Meet for Middle School Student: Mayor Segal encouraged everyone to participate in Derby Day at the Race Track; he announced Friday, April 11 is Breakfast with the Champions and encouraged community attendance; he also discussed a proposal from a charitable organization to purchase a portion of the Arcadia Par 3 Golf Course and requested the Gity Manager study the concept with the proposed buyer at the expense of the buyer. Council Members Chandler, Wuo, and Amundson supported studying the proposal at the expense of the buyer. Mr. Penman indicated he would meet with the organization and stipulate that professional outside services be consulted at the expense of the developer and bring back a report back to the City Council. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: REGULAR MEETING MINUTES OF MARCH 18. 2008. Recommended Action: Approve CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES OF MARCH 18. 2008. Recommended Action: Approve c. d. 04-01-2008 Recommended Action: Adopt 50:0046 e. 9~ k. Recommended Action: Adopt Recommended Action: Approve Recommended Action: Approve AUTHORIZE CITY STAFF TO CONTINUE USING THE MBIA ASSET __ _.._ ___ .. .. ..-..r..~.ir unwinnrnnCnlT CCD1/I!`FC Fr1R Recommended Action: Approve APPROVE THE REALLOCATION OF 100 000 IN THE FY 2007-OS CIP _ __ __ _... __ .., .,. .....rc,r nin ri cnnnn~r evcTFAA AT Recommended Action: Approve After a brief discussion regarding items "i" and "j", a motion was made by Council/Agency Member Chandler, seconded by Council/Agency Member Amundson and carried on roll call vote to approve items 2.a through 2.k on the City Council/Agency Consent Calendar. AYES: Council/Agency Member Chandler, Amundson, Wuo and Segal NOES: None ABSENT: Council/Agency Member Harbicht 04-01-2008 Recommended Acticn: Approve WAIVE THE FORMAL BID PROCESS AND APPROVE THE PURCHASE OF A _ _ _ . _ _ ... . '..a.~. i!. nvnrrnn i iononnG CnR THE Recommended Action: Approve 50:0047 3. CITY MANAGER a. Pat Malloy, Assistant City Manager/Public Works Services Director provided a summary on the Proposition 218 balloting procedures for water, sewer and refuse rates; he noted that a public hearing must be conducted June 17, 2008. Tom Tait, Deputy Public Works Services Director reported on water and sewer rate adjustments proposed to meet reserve requirements; he discussed the 2008-10 capital improvement programs, the water master plan and noted that Arcadia has the lowest water rates (even with the rate adjustments) in the San Gabriel Valley. Marie Rodriguez, Management Aid reported on the Residential Refuse and Recycling Agreement and noted that the current agreement has calculated an increase in rates based on a formula that is a balance between the CPI and disposal fees. She further noted that Arcadia has the second lowest rates in the San Gabriel Valley. Mr. Malloy commended department efforts, City Council support and federal grants which have allowed the City to keep costs down; he pointed out a more equitable way to bill commercial sewer rates was incorporated into the plan and will be based on a fixed rate charge plus water consumed. A motion was made by Council Member Chandler, seconded by Council Member Wuo and carried on roll call vote to authorize the Public Works Services Department to follow Proposition 218 balloting procedures for the increase of water, sewer and refuse rates and conduct a public hearing at the June 17, 2008 City Council meeting and prepare the appropriate resolutions to adopt the proposed rate increases for fiscal year 2008-09. AYES: Council Member Chandler, Wuo, Amundson and Segal NOES: None ABSENT: Council Member Harbicht b. ADOPT RESOLUTION NO. 6621 APPROVING A SIXTH AMENDMENT TO Recommended Action: Adopt City Attorney Steve Deitsch provided a summary of a Sixth Amendment to Agreement and Lease with Methodist Hospital in order to assist them in obtaining FHA financing for purposes of updating and expanding the Hospital. 04-01-2008 Recommended Action: Approve 50:0048 Mr. Deitsch explained that the amendment proposes the following changes: 1) An extension of the original 99-year lease term by seven years; 2) Future use of the premises upon any foreclosure by FHA may include either profit or non-profit hospitals or other public uses permitted by then current City zoning restrictions; 3) Pursuant to the lease amendment, the City will be able to use the hospital's auditorium during evening hours for City sponsored events; 4) The lease amendment includes new and updated insurance obligations to be met by the hospital; 5) The proposed lease amendment is conditioned upon and will be effective at the time of the closing of the currently proposed loan; and 6) In the event that the premises are ever used as other than anon-for-profit hospital, the rent payable would be adjusted to market rent rather than the $1 per year current rate: A motion was made by Council Member Chandler, seconded by Council Member Wuo and carried on roll call vote to adopt Resolution No. 6621 approving a Sixth Amendment to Agreement and Lease by and between the City of Arcadia and Methodist Hospital of Southern California. AYES: Council Member Chandler, Wuo, Amundson and Segal NOES: None ABSENT: Council Member Harbicht City Manager Penman thanked Sally Duff for her services as the Interim Recreation & Community Services Director and announced that Jim Kasama was promoted and appointed as the Community Development Administrator. ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting at 8:30 p.m. to April 15, 2008. at 7:00 p.m. in the City Council Chamber located at 240 W. Huntington Drive, Arcadia. James H Barrows City Clerk By: Lisa Mussendeh, Chief Deputy City Clerk/ Records Manager 04-01-2008 ,~..,.- 50:0048 CITY COUNCIUREDEVELOPMENT AGENCY ' REGULAR MEETING MINUTES TUESDAY, APRIL 15, 2008 CALL TO ORDER Mayor Segal called the meeting to order at 7:00 p.m. INVOCATION Reverend Daniel Earp of the Amazing Grace Congregational Church delivered the invocation. PLEDGE OF ALLEGIANCE Carolyn Lahiney, assisted by her mother led the flag salute. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Harbicht, Wuo and Segal ABSENT: None SUPPLEMENTAL INFORMATION FROM CITY MANAGERfEXECUTIVE DIRECTOR REGARDING AGENDA ITEMS None MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council/Agency Member Amundson, seconded by Council/Agency Member Chandler and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PUBLIC COMMENTS None 1. CITY CLERK'S REPORT a. RESOLUTION NO. 6622 RECITING THE FACT OF THE GENERAL Recommended Action: Adopt Mr. Deitsch noted that Section 3 of Resolution No. 6622 is revised by deleting the words "and for and against the measure" since there was no measure on this ballot and recommended adoption of the Resolution with the minor change. James Barrows, City Clerk presented the staff report declaring the results of the General Municipal Election held on April 8, 2008 and certifying that the returns were canvassed with votes cast as follows: 04-15-2008 Y 50:0049 For the Office of City Council Member: • Roger Chandler: 2,857 votes • George Young: 798 votes • Gary Kovacic: 3,066 votes Mr. Barrows further noted that pursuant to the Arcadia City Charter, those individuals obtaining the majority of votes are elected as City Council members; he announced that the two candidates elected to a four-year term on the Arcadia City Council are Roger Chandler and Gary Kovacic. He further noted that for the Office of the City Clerk, James Barrows received 2,749 votes without opposition, thereby electing Mr. Barrows to a four-year term. A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Member Harbicht and carried on roll call vote to adopt Resolution No. 6622 reciting the fact of the General Municipal Election held on April 8, 2008, declaring the results thereof and such other matters as provided by law. AYES: Council/Agency Member Chandler, Harbicht, Amundson, Wuo and Segal NOES: None 2. PRESENTATIONS a. Presentations to outgoing Mayor Mickey Segal Presentations were made by the following: • Mayor Pro Tem Robert C. Harbicht on behalf of Governor Schwarzenegger • Donna Jimenez on behalf of Congressman David Dreier • Cory Calaycay on behalf of Senator Bob Margett • Bill Hackett on behalf of Assemblymember Anthony Portantino • Steve Johnson on behalf of Assemblymember Anthony Adams • Brian Mejia on behalf of Supervisor Michael Antonovich • Maryann Gibson on behalf of Arcadia Board of Education • Judy R. Pons on behalf of Arcadia Chamber of Commerce • Alice Wang on behalf of Arcadia Chinese Association • Dennis Lee on behalf of Methodist Hospital Sue Francis on behalf of Methodist Hospital Foundation Mayor Pro Tem Robert C. Harbicht on behalf of Mayor Rob Hammond, City of Monrovia • Mayor Pro Tem Robert C. Harbicht on behalf of the City of Arcadia b. Remarks by outgoing Mayor Mickey Segal Mayor Segal thanked everyone who presented awards to him; he commented on the following significant events during his tenure on the City Council: opening of the Ruth and Charles Glib Historical Museum; redevelopment projects on 2nd. & Santa,Clara, North First Avenue and Fifth Avenue; the opening of the Rusnak dealership; the CentenniaF+ Celebration; opening of the Skate Board Park; the 100`" anniversary celebration of the City; launching of the Hot Sheet and the new City Website; opening of Heritage. Park Senior Housing; expansion of Westfield Shopping Center; opening of Arcadia Dog Park; dedication of Hugo Reid and Police Department statues; new entry and directional City signs; the Tile Tapestry at the Public Library; the First 04-15-2008 •~:~ 50:0050 July 4'" Fireworks show; disaster relief preparation and neighborhood events; $8 million bond approval for the Gold Line expansion; approval of the second expansion of the Westfield mall; the shops at Santa Anita; change of City Manager; police negotiations; the redevelopment project on Alta; the Breakfast with Champions event, and the dedication of Fire Station 105. Mayor Segal noted the projects he took the lead in getting approved by the City Council during his tenure including partial funding of the new football field and track surface at Arcadia High School and new, large, reflective street signs which make it easier to drive at night. He thanked _ fellow Council Members, City staff and his family for their support. 3. ADMINISTRATION OF THE OATH OF OFFICE TO NEWLY ELECTED COUNCIL MEMBERS AND CITY CLERK Mayor Mickey Segal administered the Oath of Office to re-elected City Clerk, James Barrows. City Clerk James Barrows administered the Oath of Office to re-elected Council Member Roger Chandler and newly elected Council Member Gary Kovacic. REORGANIZATION OF THE CITY COUNCIL FOR 2008-2009 a. The City Clerk called for nominations for the Office of Mayor. Council/Agency Member Wuo nominated Mayor Pro Tempore Robert Harbicht for Mayor. Noting no further names, the nomination was closed. Roll Call: AYES: Amundson, Chandler, Harbicht, Kovacic and Wuo NOES: None b. Mayor Harbicht called for nominations for the Office of Mayor Pro Tempore. Council/Agency Member Chandler nominated Council/Agency Member Wuo for Mayor Pro Tempore. Noting no further names, the nomination was closed. Roll Call: AYES: Amundson, Chandler, Harbicht, Kovacic and Wuo NOES: None c. Remarks and Introductions by Mayor Harbicht. Mr. Harbicht thanked his wife for her support and shared his goals for the year; he thanked and commended City staff for their efforts to keep Arcadia a well run city; he indicated he would like to see the City Hall design completed with financing secured and ready to go out to bid by the end of the his year as Mayor; he also congratulated Council Members Kovacic and Chandler for their election to the City Council and thanked outgoing Mayor Segal for his efforts and thanked the City Council for selecting him as Mayor. d. Remarks and Introductions by Mayor Pro Tempore Council Member Wuo congratulated Mayor Harbicht and thanked his wife for her continued support and complimented Mr. Segal for his contributions to the City. He welcomed Gary Kovacic back to the City Council and congratulated Council Member Chandler on his re- election. 04-15-2008 50:0051 e. Remarks and Introductions by remaining City Council Members and the City Clerk Council Member Chandler introduced and thanked his wife for her continued support; he thanked Mr. Gilb and Vince and Dolores Foley for their continued support; he also thanked his Treasurer Joe Fagalli, Ken and Mary..Lindgren, Harvey and Beth. Tinman, Paul Yeh, Dorothy Denne, and former Mayor Gail Marshall; he also thanked the Fire and Police Associations for their endorsements and he congratulated Gary Kovacic. He thanked Mr. Segal for contributions to street signs, labor negotiations and fostering a working relationship with the school board. Council Member Amundson thanked Mr. Segal for his leadership and expertise; he noted that Mr. Segal was recently recognized by Supervisor Antonovich; he congratulated Mr. Harbicht on his selection as Mayor and Jim Barrows on his re-election as City Clerk and congratulated Gary Kovacic on his election to the City Council. Council Member Kovacic congratulated Mr. Harbicht and Mr. Wuo; he introduced his wife, Barbara and his mother; and introduced his children who were not present. He thanked his campaign workers, the Constitution Team and all who voted for him and those who just voted. He noted the low voter turnout and other issues related to the election. He thanked Mr. Segal for his leadership and community efforts. He noted his aims for his term in office: "keep an open mind, remain independent, try to build consensus, listen and work for the common good". City Clerk James Barrows congratulated Mayor Harbicht and Mayor Pro Tempore Wuo; he thanked and congratulated Mickey Segal and his family; he thanked his wife Margaret for her continued support; he welcomed Roger Chandler and Gary Kovacic to the City Council and thanked the voters and City Clerk staff. He announced that he will be the incoming PTA President at Baldwin Stocker and thanked the City Council for all their support. City Manager Don Penman noted that the April 18, 2008 meeting has been cancelled ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting at 8:20 p.m. to a special joint meeting with the Arcadia Board of Education on Tuesday, April 29 at the Arcadia Unified School District Office at 234 Campus Drive, Arcadia, California at 7:00 p.m. James H. Barrows, City Clerk ~SGt ~ ~.S% By: Lisa Mussenden, Chief Deputy City Clerk/ Records Manager 04-15-2008 ~~,~ DATE: May 6, 2008 STAFF REPORT Administrative Services Department TO: Mayor and City Council FROM: Mike Yelton, Interim Administrative Services Director Prepared by: Michael A. Casalou, Human Resources Ad nistrator'~'~q-~- SUBJECT: RESOLUTION NO. 6626 ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EXECUTIVE MANAGEMENT AND SAFETY MANAGEMENT EMPLOYEES AND APPROVE AN APPROPRIATION OF $54,500 FROM UNAPPROPRIATED FUND BALANCES TO COVER THESE COSTS IN FISCAL YEAR 2007/08 Recommendation: Adopt SUMMARY It is recommended that the City Council adopt Resolution No. 6626 establishing compensation and related fringe benefits for Executive Management and Safety Management employees and approve an appropriation of $54,500 from unappropriated fund balances for these costs in fiscal year 2007/08. BACKGROUND This past year, salary and benefit increases were provided to Executive Management and Management employees and multi-year labor contracts were reached with all four of the City's bargaining groups. Over the years, compaction between the compensation of Safety Management and the Arcadia Police Officers' Association (APOA) and Arcadia Firefighters' Association (AFFA) has increased. The contracts reached this past year with each of these groups further erodes the separation in total compensation over the next three years and has created scenarios where subordinate employees earn as much or more than their supervisors when special assignment and educational pay is considered in addition to salaries. The compaction stated above was not unforeseen and staff discussed this with the City Council during contract negotiations. In those discussions, the City Council agreed that compaction should be examined and staff has since completed analysis of the compaction issue. Additionally, the City Manager is recommending the Director of Recreation and Community Services be provided a car allowance of $350 per month rather than continuing the practice of assigning a vehicle to the Director that was used for business as well as commuting to and from work. Mayor and City Council May 6, 2008 Page 2 of 3 DISCUSSION In an effort tc lessen the compaction between Safety Management employees and members of the APOA and AFFA, staff is recommending the following improvements to salary and benefits for Safety Management (these are in addition to improvements already approved by the City Council): FY 2007/08 Police Fire Salary Increase Police Lieutenant 5%' Battalion Chief 5%' Police Captain 5%" Deputy Fire Chief 5%' Police Chief 2.5%" Fire Chief 5% Optional Safety Increase amount from Equipment (Only Captain $350/yr to $750/yr' & Lieutenant receive this benefit ' Retroactive to January 1, 2008 FY 2008-09 Police Fire Salary Increase Police Lieutenant 5% Battalion Chief 0% Police Captain 5% Deputy Fire Chief 0% Police Chief 2.5% Fire Chief 0% Holidays (Only Captain & Option of cashing out Lieutenant to receive this Floating Holidays (currently benefit) 24 hours) in lieu of taking time off Amount reported as Increase amount reported special compensation to from $308/yr to $600/yr PERS for uniforms Vacation Accrual Police Chief max vacation Fire Chief and Deputy Fire accrual increased to that of Chief max vacation accrual Captain and Lieutenant increased to that of Police Safet Mana ers FY 2009-10 Police Fire Salary Increase Police Lieutenant 2.5% Battalion Chief 2.5% Police Captain 2.5% Deputy Fire Chief 2.5% Police Chief 2.5% Fire Chief 2.5% Mayor and City Council May 6, 2008 Page 3 of 3 FISCAL IMPACT The cost to provide the recommended changes for Safety Management is $54,500 in FY 2007/08; $134,000 in FY 2008/09; and $64,600 in FY 2009-10, for a total cost over the three years of $253,100. Staff is recommending the City Council appropriate $54,500 from unappropriated fund balances to cover these costs in FY 2007/08. Sufficient funds exist in the FY 2007/08 budget to cover the cost of the car allowance for the Recreation and Community Services Director, and the annual cost of this allowance will be offset by the cost savings associated with elimination of the ability to take home the vehicle. RECOMMENDATION It is recommended that the City Council: 1. Adopt Resolution No. 6626 of the City Council of the City of Arcadia, California, establishing compensation and related benefits for Executive Management and Safety Management employees and approve an appropriation of $54,500 from unappropriated fund balances to cover these costs in fiscal year 2007/08. 2. Authorize a car allowance of $350.00 per month for the Director of Recreation and Community Services in lieu of an assigned vehicle to that position. APPROVED: Donald Penman, City Manager RESOLUTION NO. 6626 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EXECUTIVE MANAGEMENT AND SAFETY MANAGEMENT EMPLOYEES AND APPROVING AN APPROPRIATION OF $54,500 FROM UNAPPROPRIATED FUND BALANCES FOR THE COSTS ASSOCIATED WITH THESE INCREASES IN FISCAL YEAR 2007/08 THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Effective January 1, 2008, the salary schedule for Safety Management employees shall be revised as specified in the attached Exhibit "A" to this Resolution. The revised schedule reflects the results of the City's compaction study for Safety Management and includes salary increases already authorized by the City Council in Resolution No. 6584. Effective January 1, 2008, July 1, 2008 and July 1, 2009, the salary schedule for Police Chief will be increased by 2.5%, 2.5% and 2.5% respectively. Effective January 1, 2008, July 1, 2008 and July 1, 2009, the salary schedule for Police Lieutenant and Police Captain will be increased by 5%, 5% and 2.5% respectively. Effective January 1, 2008 and July 1, 2009, the salary schedule for Fire Chief will be increased by 5% and 2.5% respecfively. Effective January 1, 2008 and July 1, 2009, the salary schedule for Deputy Fire Chief and Fire Battalion Chief will be increased by 5% and 2.5% respectively. SECTION 2. Effective January 1, 2008, the amount provided at the beginning of the fiscal year to Police Captains and Police Lieutenants for the purchase of optional safety equipment will be increased from $350 to $750. For Fiscal Year 2007/08, this amount will be prorated accordingly. SECTION 3. The City Council hereby authorizes an appropriation of $54,500 from unappropriated fund balances for the items mentioned in Section 1 & 2 above for Fiscal Year 2007/08. SECTION 4. Effective July 1, 2008, Police Captains and Police Lieutenants will have the option. of either cashing out 24 hours of Floating Holiday or taking the time off. SECTION 5. Effective July 1, 2008, the amount reported as Special Compensation to CALPERS for Uniform Allowance for the Fire Chief, Deputy Fire Chief and Fire Battalion Chiefs will be $150 per quarter. SECTION 6. Effective July 1, 2008, the maximum vacation accrual rate for Police Chief, Fire Chief and Deputy Fire Chief is 7.69 hours per pay period. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: ~'-c~,~, P 2e~ City ttorney -, CITY OF ARCADIA SALARY RANGE JAN.1, 2008 TO JUNE 30, 2008 Safety Management o v„ ,;~ Range Number Title Ste A Ste B Ste C Ste O Ste E Ste F Step G Ste H Ste I Ste .d 820 $6,894 $ 7,066 $ 7,243 $7,424 $ 7,610 $7,801 $7,995 $8,195 $8,401 $$,6~ 830 $7,066 $ 7,243 $ 7,424 $ 7,610 $ 7,801 $7,995 $8,195 $8,401 $8,611 $ 83 840 $7,243 $ 7,424 $ 7,610 $7,801 $ 7,995 $8;195 $8,401 $8,611 $8,826 $4.04 850 $7,424 $7,610 $7,801 $7,995 $8,195 $8,401 $8,611 $8,826 $9,047 $x,27$ 860 $7,610 $ 7,801 $ 7,995 $8,195 $8,401 _._$8,611 $8,826 $9,047 $9,273 $950. 670 $7,801 $ 7,995 $ 8,195 $8,401 $ 8;611 :$8,826 $9,047 $9,273 $9,505 $8,7 ' 880 Police Lieutenant $7,995 . $ 8,195 $ 8,401 $ 8,611 $ 8,826 $9;047 $9,273 $9,505 $9,742 $i :9$5' 890 $8,195 $ 8,401 $ 8,611 $ 8,826 $ 9,047 $9,273 $9,505 $9,742 $9,985 $1 900 $8,401 $ 8,611 $ 8,826 $ 9,047 $ 9,273 $9,505 $9,742 $9,985 $10,235 $1 910 Fire Battalion Chief $8,611 $ 8,826 $ 9,047 $ 9,273 $ 9,505 $9,742 $9,985 $10,235 $10,491 $ ,75 920 $8,826 $ 9,047 $ 9,273 $ 9,505 $ 9,742 $9,985 $10,235 $10,491 $10,753 $1 ,0 930 Police Ca tain $9,047 $ 9,273 $ 9,505 $ 9,742 $ 9,985 $70,335 $10,491 $10,753 $11,022 $1 2 940 $9,273 $ 9,505 $ 9,742 $ 9,985 $10,235 $10,491 $10,753 $11,022 $11,297 $1 ,5812 950 De ut Fire Chief $9,505 $ 9,742 $ 9,985 $10,235 $10,491 $10,7b3 $11,022 $11,297 $11,580 $11,82 960 $9,742 $ 9,985 $10,235 $10,491 $10,753 $11,022 $11,297 $11,580 $11,870 $12,167 970 $9,985 $10,235 $10,491 $10,753 $11,022 $11,297 $11,580 $11,870 $12,167 $12,471 trJ x a` :.: 9 JANUARY 1, 2008 TO JUNE 30, 2008 Safety Executive Management 96SE $10,036 $10,286 $10,543 $10,807 $11,077 $11,354 $11,638 $11,929 $12,227 $12,533 97SE $10,286 $10,543 $10,807 $11,077 $11,354 $11,638 $11,929 $12,227 $12,533 $12,846 98SE Police Chief $10,543 $10,807 $11,077 $11,354 $11,638 $11,929 $12,227 $12,533 $12,846 $13,167 Fire Chief 99SE $10,807 $1'!,077 $11,354 $11,638 $11,929 $12,227 $12,533 $12,846 $13,167 $13,496 CITY OF ARCADIA SALARY RANGE JULY 1, 2008 TO JUNE 30, 2009 Safety Management Range Number Title Ste A Ste B Step C Ste D Step E Step F Ste G Step H Ste I Ste J 820 $ 7,101 $7,278 $7,460 $7,647 $7,838 $8,035 $8,235 $8,441 $8,653 $8,869 830 $7,278 $7,460 $7,647 $7,838 $8,035 $8,235 $8,441 $8,653 $8,869 $9,091 840 $7,460 $7,647 $7,838 $8,035 $8,235 $8,441 $8,653 $8,869 $9,091 $9,318 850 $7,647 $7,838 $8,035 $8,235 $8,441 $8,653 $8,869 $9,091 $9,318 $9,551 860 $7,838 $8,035 $8,235 $8,441 $8,653 $8,869 $9,091 $9,318 $9,551 $9,790 870 $ 8,035 $8,235 $8,441 $8,653 $8,869 $9,091 $9,318 $9,551 $9,790 $10,034 880 $ 8,235 $8,441 $8,653 $8,869 $9,091 $9,318 $9,551 $9,790 $10,034 $10,285 890 $ 8,441 $8,653 $8,869 $9,091 $9,318 $9,551 $9,790 $10,034 $10,285 $10,542 900 Police Lieutenant $ 8,653 $8,869 $9,091 $9,318 $9,551 $9,790 $10,034 $10,285 $10,542 $10,806 910 Fire Battalion Chief $ 8,869 $9,091 $9,318 $9,551 $9,790 $10,034 $10,285 $10,542 $10,806 $11,076 920 $ 9,091 $ 9,318 $9,551 $9,790 $10,034 $10,285 $10,542 $10,805 $11,076 $11,353 930 $ 9,318 $ 9,551 $9,790 $10,034 $10,285 $10,542 $10,805 $11,076 $11,353 $11,636 940 $ 9,551 $ 9,790 $10,034 $10,285 $10,542 $10,805 $11,076 $11,353 $11,637 $11,927 950 Depu Fire Chief $ 9,790 $10,034 $10,285 $10,542 $10,806 $11,075 $11,353 $11,637 $11,927 $12,225 Police Ca fain 960 $10,034 $10,285 $10,542 $10,806 $11,075 $11,352 $11,637 $11,928 $12,225 $12,531 970 $10,285 $10,542 $10,806 $11,075 $11,352 $11,637 $11,928 $12,225 $12,531 $12,844 980 $10,542 $10,806 $11,075 $11,352 $11,637 $11,928 $12,225 $12,531 $12,844 $13,165 990 $10,806 $11,075 $11,352 $11,637 $11,928 $12,226 $12,531 $12,844 $13,165 $13,494 JULY 1, 2008 TO JUNE 30, 2009 Safety Executive Management 96SE $10,337 $10,595 $10,859 $11,131 $11,409 $11,695 $11,987 $12,287 $12,593 $12,909 97SE $10,595 $10,859 $11,131 $11,409 $11,695 $11,987 $12,287 $12,593 $12,909 $13,232 98SE Fire Chief $10,859 $11,131 $11,409 $11,695 $11,987 $12,287 $12,593 . $12,909 $13,232 $13,563 99SE Police Chief $11,131 $11,409 $11,695 $11,987 $12,287 $12,593 $12,909 $13,232 $13,563 $13,902 CITY OF ARCADIA SALARY RANGE JULY 1, 2009 TO JUNE 30, 2010 Safety Management ., Range Number Title Ste A Ste B Step C Ste D Ste E Step F Step G Step H Step 1 Ste J 820 $7,247 $7,428 $ 7,614 $7,805 $7,999 $8,201 $8,405 $8,615 $8,831 $9,052 830 $7,428 $7,614 $7,805 $7,999 $8,201 $8,405 $8,615 $8,831 $9,052 $9,278 840 $7,614 $7,805 $ 7,999 $8,201 $8,405 $8,615 $8,831 $9,052 $9,278 $9,510 850 $7,805 $7,999 $ 8,201 $8,405 $8,615 $8,831 $9,052 $9,278 $9,510 $9,748 860 $7,999 $8,201 $ 8,405 $8,615 $8,831 $9,052 $9,278 $9,510 . $9,748 $9,992 870 $8,201 $ 8,405 $ 8,615 $8,831 $9,052 $9,278 $9,510 $9,748 $9,992 $10,241 880 $8,405 $ 8,615 $ 8,831 $9,052 $9,278 $9,510 $9,748 $9,992 $10,241 $10,497 890 $ 8,615 $ 8,831 $ 9,052 $9,278 $9,510 $9,748 $9,992 $10,241 $10,497 $10,759 900 $ 8,831 $ 9,052 $ 9,278 $9,510 $9,748 $9,992 $10,241 $10,497 $10,759 $11,029 910 Police Lieutenant $ 9,052 $ 9,278 $ 9,510 $9,748 $9,992 $10,241 $10,497 $10,759 $11,029 $11,304 920 Fire Battalion Chief $ 9,278 $ 9,510 $ 9,748 $9,992 $10,241 $10,497 $10,759 $11,029 $11,304 $11,587 930 $ 9,510 $ 9,748 $ 9,992 $10,241 $10,497 $10,759 $11,029 $11,304 $11,587 $11,877 940 $ 9,748 $ 9,992 $10,241 $10,497 $10,759 $11,029 $11,304 $11;587 $11,877 $12,174 950 $ 9,992 $10,241 $10,497 $10,759 $11,029 $11,304 $11,587 $11,877 $12,174 $12,478 960 De u Fire Chief $10,241 $10,497 $10,759 $11,029 $11,304 $11,587 $11,877 $12,174 $12,478 $12,790 Police Ca tain CITY OF ARCADIA SALARY RANGE JULY 1, 2009 TO JUNE 30, 2010 Safety Executive Management 96SE $10,550 $10,813 $11,083 $11,360 $11,644 $11,936 $12,234 $12,540 $12,852 $13,175 97SE $10,813 $11,083 $11,360 $11,644 $11,936 $12,234 $12,540 $12,852 $13,175 . $13,505 98SE $11,083 $11,360 $11,644 $11,936 $12,234 $12,540 $12,852 $13,175 $13,505 $13,843 99SE Fire Chief $11,360 $11,644 $11,936 $12,234 $12,540 $12,852 $13,175 $13,505 $13,843 $14,189 100SE Police Chief $11,644 $11,936 $12,234 $12,540 $12,852 $13,175 $13,505 $13,843 $14,189 $14,544 4 .tud ~lr llp • // May 6, 2008 STAFF REPORT Library and Museum Services Department TO: Mayor and City Council ~ FROM: Janet Sporleder, Director of Library and Museum Services Prepared by Dana Dunn, Museum Curator SUBJECT: Getty Foundation Grant for $4.000 to the Ruth and Charles Gilb Arcadia Historical Museum for a summer intern Recommended action: Accept the $4,000 grant funds SUMMARY The Ruth and Chazles Gilb Arcadia Historical Museum applied for and has been awazded a Multicultural Undergraduate Summer Internship Grant from the Getty Foundation. The $4,000 grant will cover the intern''-s salary plus administrative costs. The Getty Foundation offers Multicultural Undergraduate Internship: Grants that enable students to gain broad exposure to cazeer possibilities at museums and visual arts organizations in Los Angeles. The internships are designed for outstanding undergraduate students who are members of groups currently underrepresented in museum professions and fields related to the visual arts and humanities. The Ruth and Charles Gilb Arcadia Historical Museum has received internship grants from the Getty Foundation for the past six summers. During the previous internships, the Museum received essential assistance with program planning, visitor services, collections organization, and exhibit installation In what will be the sixth yeaz of working with the Getty Foundation, the Museum will receive programmatic support from the intern. The work experience provided by the Museum will allow the intern to gain "real life" skills and a better understanding of the museum field. FISCAL IMPACT The Ruth and Charles Gilb Arcadia Historical Museum will experience an added $4,000 to its budget allocation. RECOMMENDATION Accept the grant funds. Approved by: ~''+-~ Ptx.w-e,...~ Donald Penman, City Manager i.. c°mm°°~°Y°tN°~°~ STAFF REPORT Public Works Services Department Recommendation: Approve DATE: May 6, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager/Public Works Services Dire or' Prepared by: Tom Tait, Deputy Public Works Services Director ' Craig Clark, Utilities Superintendent SUBJECT: APPROVE A CHANGE ORDER TO A PURCHASE ORDER WITH BASIC CHEMICAL SOLUTIONS LLC FOR THE PURCHASE OF SODIUM HYPOCHLORITE TO DISINFECT THE CITY'S DOMESTIC WATER SUPPLY IN THE AMOUNT OF SS 000 SUMMARY The disinfection of drinking water by public water agencies is essential to eliminating water quality problems. In December 2006, the Utilities Section removed all chlorine gas injection systems at the well sites and replaced them with liquid sodium hypochlorite solution to treat the water pumped from the underground basins. This method of treatment is most appropriate for Arcadia's water quality conditions and alleviates some of the safety concerns associated with storing and using gaseous chlorine. Due to staff's limited knowledge and unfamiliarity with sodium hypochlorite solution, quantities were not accurately estimated for FY 2007-08. Therefore, staff recommends that the City Council approve a change order to a purchase order with Basic Chemical Solutions, LLC for the purchase of sodium hypochlorite to disinfect the City's domestic water supply in the amount of $5,000. The original purchase order was issued in the amount of $29,000 and the $5,000 will pay for the next delivery of sodium hypochlorite. DISCUSSION Chlorination is an accepted method of water treatment for domestic water supplies as specified by the water purveyors permit issued by the California Department of Public Health. The City of Arcadia has used gaseous chlorine to disinfect the City's drinking water supply pumped from underground basins. However, chlorine gas is toxic and corrosive. For this reason, as part of a Capital Improvement Project, the Utilities Section removed all chlorine gas injection systems at the well sites and replaced them Page 1 of 2 Mayor and City Council May 6, 2008 with liquid sodium hypochlorite solution in December 2006. Liquid sodium hypochlorite (commonly referred to as chlorine bleach) is much less toxic than gaseous chlorine and has the same effect and residual protection as chlorine gas. Due to the short period of time that sodium hypochlorite was used for water treatment, staff was unable to accurately estimate the amount of usage for a purchase order in FY 2007-08. Additionally, the extremely dry and hot weather during the past summer increased water demands therefore requiring more sodium hypochlorite to treat the water distributed to residents. Staff is in the process of soliciting bids to provide liquid sodium hypochlorite for FY 2008-09. In order to continue the mandated disinfection of Arcadia's potable water supply for distribution, staff recommends that the City Council approve a change order to a purchase order with Basic Chemical Solutions, LLC for the purchase of sodium. hypochlorite to disinfect the City's domestic water supply in the amount of $5,000. The original purchase order was issued in the amount of $29,000 and the $5,000 will pay for the next delivery of sodium hypochlorite. FISCAL IMPACT Sufficient funds are available in the FY 2007-08 Water Fund to cover the cast of this change order. Approve a change order to a purchase order with Basic Chemical Solutions, LLC for the purchase of sodium hypochlorite to disinfect the City's domestic water supply in the amount of $5,000. Approved:_ ~9-n,-cG Donald Penman, City Manager PM:TT:CC Page 2 of 2 /. STAFF REPORT Development Services Deparhi~ent DATE: May 6, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director ~Zj~ Philip A. Wray, Deputy Director of Development Services t~ ~c~~? Prepared by: Tim Kelleher, Senior Engineering Assistant SUBJECT: Acceptance -Street Rehabilitation of Alice Street and Genoa Street between Santa Anita Avenue and First Avenue Recommendation: Accept all work performed by Silvia Construction Inc. for the Street Rehabilitation of Alice Street and Genoa Street between Santa Anita Avenue and First Avenue Project as complete and authorize the final payment to be made in accordance with the contract documents SUMMARY On December 18, 2007 the City Council awarded a contract to Silvia Construction, Inc. in the amount of $199,989 for the Street Rehabilitation of Alice Street and Genoa Street between Santa Anita Avenue and First Avenue Project. There was one (1) change order decreasing the total contract by $8,279.97. The terms and conditions of this project have been complied with and the required work has been performed to staff's satisfaction for a final cost of $191,709.13. Staff is recommending that the City Council accept the project as complete and authorize the final payment in accordance with the approved contract documents. BACKGROUND The Development Services Department is responsible for the repair of approximately 147 miles of paved streets within the community. As part of the City's annual Pavement Management Program, staff rates the condition of all City streets and establishes a priority list of the lowest rated streets. Each year the City budgets approximately $200,000 for rehabilitation of the streets with the greatest need. The 2007/08 Fiscal Year Capital Improvement Program includes the project to rehabilitate Alice Street and Genoa Street with approximately 1,800 linear feet of asphalt. Roadway analysis conducted as a part of the City's Pavement Maintenance Program indicated that Alice and Genoa Street between Santa Anita Avenue and First Avenue were in poor condition and were rated as a priority for rehabilitation. The proposed street rehabilitation project included removal and replacement of asphalt concrete pavement and portions of curb Mayor and City Council Staff Report -Acceptance May 6, 2008 Page 2 and gutter; cold milling of asphalt concrete and construction of asphalt concrete overlay; planting of parkway trees, adjustment of sewer and storm drain manhole frames and covers to grade; adjustment of water valve covers to grade; legends and striping; construction of curb ramps and removal and replacement of concrete gutter along Santa Anita Avenue. DISCUSSION The purpose of the Alice and Genoa Street Rehabilitation project was to rejuvenate the pavement so that with future follow-up slurry seals the life cycle of these streets can be extended. The main scope of this project was to overlay the remaining good pavement with a 2- inch thick rubberized asphalt. There was a section around the fire station where the pavement had failed and required more extensive treatment. However, the structural integrity has been restored and will accommodate future fire truck traffic. Work began on February 4, 2008 and was completed by February 22, 2008. Silvia Construction did a very good job coordinating their work with the new fire station construction and a new development at the corner of Alice Street and First Avenue. Silvia also did a good job coordinating with effected businesses and residents. Overall workmanship was very good. There were no extra costs incurred and there was only one change order to adjust the final quantities which reduced the construction contract by $8,279.97. ENVIRONMENTAL ANALYSIS The project is categorically exempt per Section 15301 Class 1(c) from the requirements of the California Environmental Quality Act (CEQA). FISCAL IMPACT Funds in the amount of $300,000 from Gas Tax funds were budgeted in the 2007-OS Capital Improvement Program for this project. The total cost of this project was $215,383.23 comprised of $191,709.13 construction contract, $14,975 for inspection and materials testing, and $8,699.10 for preparation of plans, specifications, and contract administration. Funds are available to cover all costs. RECOMMENDATION That the City Council accept all work performed by Silvia Construction, Inc. as complete and authorizes the final payment to be made in accordance with the contract documents. Approved: ~ ,-, ~ ~t~,,,T-.+/ Donald Penman, City Manager JK: PAW:TOK: pa DATE: May 6, 2008 TO: Mayor and City Council FROM: Don Penman, City Manager By: Linda Garcia, Comm nications, Marketing and Special Projects Manager SUBJECT: APPOINTMENT OF AN ARCADIA CITY COUNCIL MEMBER AND AN ALTERNATE MEMBER TO THE GOVERNING BOARD OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS The San Gabriel Valley Council of Governments ("COG") requires that the selection of a Delegate and Alternate Delegate to their Governing Board be done by official action of the City Council. Mayor Harbicht is currently the City of Arcadia's Delegate to the COG and he is proposing that the Council keep him in this position and appoint Mayor Pro Tem John Wuo as the Alternate Member. RECOMMENDATION It is recommended that the City Council designate Mayor Robert Harbicht as the City of Arcadia's Delegate to the Governing Board of the San Gabriel Valley Council of Governments and Mayor Pro Tem John Wuo as the Alternate Delegate. Office of the City Manager r~ FAR ~- Lr~~poyy~~ - r`. ,' . . ,. t c°mm°4,;Y°`"°~`• ~ STAFF REPORT Public Works Services Department DATE: May 6, 2008 TO' Mayor. and City Council FROM: / Pat Malloy, Assistant City Manager/Public Works Services Directo~ //, SUBJECT: UPDATE AND DIRECTION REGARDING THE (1PFRATIAIJ Provide Direction SUMMARY The Arcadia+Par 3 Golf Course, located at 620 E. Live Oak Ave. Arcadia, CA, is owned by the City and leased to American Golf Corporation (AGC) for complete operations and maintenance. The current contract was entered July 1, 1998 and is due to expire June 30, 2008.! At the January 15, 2008 study session, the City Council directed staff to solicit proposals from potential golf management firms to ensure the contract's fair market value. The City received proposals from American Golf Corporation, Arcadia Golf Partners, Billy Casper Golf, and All About Golf. The City Council also asked staff to consider a proposal from the Kare Youth League to purchase or lease a portion of the golf course. . ~~.-~, BACKGROUND On July 1, 1998, the City entered a contract lease agreement with AGC for the complete operation and maintenance of the Arcadia Par 3 Golf Course. The existing contract ~-._ . ;allows rental payments from AGC to the City to be the greater of either: 1. Fifteen (15) percent of aIF green fees, cart fees, and range fee revenues (Total Golf Revenue), and eight (8) percent on all other revenue (excluding green fees, ` cart fees and range fees); or ;~~ 2. $150,000 annual flat payment. °' ` To date, the City has received approximately $1,400,000 in rent paid and the course ,` has generated $9,200,000 in revenue. .Although there were no costs associated with the capital improvements stipulated in the contract, -staff estimates that AGC has J%~ invested $700,000 in capital improvements 4o the golf course over the past ten (10) years, which include driving range upgrades, the installation of an additional restroom on the course, a sign that;can be seen on Live Oak Avenue, remodeling of the entrance, Page 1 of 6, Mayor and City Council ' May 6, 2008 and many other small.improVements. The contract with AGC is due to expire June 30, 2008, and the City Council directed staff to solicit proposals for complete operations and maintenance of the Arcadia Par 3 Golf Course as well as explore options to sell or lease a portion of the golf course to the Kare Youth League to be considered. DISCUSSION \ As directed by the City Council, staff conducted a Request for Proposal (RFP) for complete management of operations and maintenance for the Arcadia Par 3 Golf Course. During this time, staff also explored additional options with the Kare Youth` , League in order to determine the. best utility of the course. Staff has opened and evaluated all four (4) proposals received with the highlights of each offer listed below.. In three of the proposals, rent paid to the City will be the greater of either minimum rent or the percentage of revenue. Kare's proposed plans are discussed briefly after the summary of each proposal. American Golf Corporation (AGC) The firm's proposal includes Capital Improvements such as upgrading the driving range, replacement of the irrigation system on the golf course, installation of a grill in the clubhouse and construction of a concrete path along the first hole. The following table summarizes AGC's proposal. Term Minimum Rent per Year Revenue Share Rent per Year Capital Current Investment Courses •Year 1-2: $75 000 'Year 1-4: 15%TGR+g% OR 15 years •Year 3-15: $150,000 •Year 5-10: 17%TGR+g% OR** $1,000,000 100+. .Year 10-15: 79%TGR+g°/, OR`** - TGR: Total Golf Revenue (Green Fees + Cart Rentals + Driving Range) OR: Other Revenues (Food & Beverage Sales + Pro Shop Sales) ** If Gross Revenue exceeds $1,200,000 during prior twelve (12) months «:« If Gross Revenue exceeds $1,350,000 during prior twelve (12) months Conditions exist on the percent of revenue share for years 5-15, where gross revenues must exceed $1,200,000 for years 5-10 or $1,350,000 for years 10-15 in order to receive the higher percentage, otherwise TGR will remain at 15%. - Arcadia Golf Partners IAGPI Santa Anita~Golf Course and the Costa Mesa Country Club are currently operated by '\ AGP. They are proposing a fifteen (15) year minimum lease term in addition to a five (5) year extension. The firm's proposal includes capital improvement projects such as '~ driving range renovation, construction of a new practice sand bunker at the south end of the facility and gerieral upgrades to existing structures. However AGP has not offered to upgrade the irrigation system, which staff believes should be included. AGP prefers to assess the efficiency and effectiveness of the current irrigation system prior to Page 2 of 6 f /J"' Mayor and City Council May 6, 2008 immediately replacing it. AGP is a small firm with only 2 courses, but they have a demonstrated ability to operate two courses, Santa Anita Golf Course (18 Hole) since 1985 and Costa Mesa Country Club (36 Hole) since 1992. The following table summarizes AGP's proposal. Term Minimum Rent per Year Revenue Share Rent per Year Capital Investment Current Courses •Green Fees(< $420,000): 20% •Green Fees(> $420,000): 25% •Range Fees(< $240,000): 20% 20 ears y 'Year 1-4: $768,000 •Range Fees(> $240,000): 25% $820 000 2 •Year 5-15: $770,000 + , •Cart Rental: 20% •Food 8 Beverage: 10% •Merchandise: 6% •Other Income: 8% Billv Casper Golf (BCGI BCG is proposing 2 different lease terms. The longer lease term offers the City a higher percentage of the revenue for rent. The weakness to this proposal is that it does not offer a minimum guaranteed annual rent amount and presents a significantly lower percentage of revenue sharing than the other proposals. This is important because a minimum rent clause ensures a steady flow of cash to the City and serves as an incentive for the management firm to promote sales. The capital improvements they are offering include upgrades to the irrigation system (not complete replacement), driving range, and general renovation of the existing structures on the course. The following table summarizes BCG's proposal. Term Minimum Rent per Year Revenue Share Rent per Year Capital Investment Current Courses •Year 1: 6% TGR + g% OR •Year 2-5: 7%TGR + 8% OR 10 years None •Year 6-10: 8%TGR + 8% OR $670 000 94 •Golf Revenues > $900,000: 15% •Year 1: 7% TGR + g% OR .•Year 2-5: 8%TGR + g% OR 20 years None •Year 6-10: 9%TGR + 8% OR 7,190,000 94 •Golf Revenues > $900,000: 35% TGR: Total Golf Revenue (Green Fees +Cart Rentals + Driving Range) OR: Other Revenues (Food & Beverage Sales + Pro Shop Sales, excludes lesson income) Page 3 of 6 \- Mayor and City Council May 6, 2008 In both options, the increased percentage share of revenue would only apply to the total golf revenue that exceeds $900,000. For example in the 10 year option, if BCG generated $1,000,000 Total Golf Revenue, then the City would receive 6% of the first $900,000 and 15% of the remaining $100,000 plus 8% of Other Revenue in rent. Overall, BCG has lower rental commitments, a lack of minimum rent promised, and lower capital investments which make this proposal unfavorable to the City. All About Golf IAAGI AAG is a company with little experience in golf course management. It is offering a management contract of 20 years. They have proposed turning the Arcadia Par 3 into a "Golf Park". This proposal is very ambitious in that it proposes installing a miniature golf facility by March 2009, a 2-tiered driving deck by December 2009, and a new 8,000 square foot clubhouse to replace the existing facility by December 2010. The following table summarizes some of the AAG's key proposals. Term Minimum Rent per Year Revenue Share Rent per Year Capital Investment Current Courses •Total Gross Revenue (<$1,000,000): 25% + 0.25% for every $100,000 not to exceed 30% 20 years $200,000 •Range Ball Fees (<$1,000,000): 1,350,000 None 20% + 0.25% for every $100,000 not to exceed 25% •Total Clubhouse Revenue: 10% Total Gross Revenue: Green Fees, Miniature Golf Fees, & Cart Rental AAG has submitted an interesting proposal with significant investments, minimum rent obligations, and changes to the Arcadia Par 3 Golf Course facility. However, this firm is new and is not currently managing any courses. Kare Youth League City staff has also met with the Kare Youth League to explore additional opportunities at the request of the City Council. A representative for the Youth League has made the following recommendations for the City Council to consider: Option A: Take the southern most hole (Hole #6) and move it to another location and lease or sell that portion of the land to the Youth League Option B: Divide the course in half or take a larger portion of land than Option A, reconfigure the course into a 9 hole course and lease or sell the remaining portion of land of the course to the Youth League. Page 4 of 6 ,~ t` Mayor and City Council May 6, 2008 Kare Youth League has offered an undisclosed sum of money for each option. The money received could be used to fund improvements to the golf course in addition to contributing to the City's General Fund. The City Council has suggested that if the City is to consider either of the two options proposed by Kare Youth League, a golf architectural design company should be hired to perform a study on the operational and fiscal impact of a course reconfiguration and the cost for this service should be paid for by Kare Youth League. Staff has conducted a preliminary survey to find other jurisdictions that have reconfigured their course and found that the cost of performing an analysis on the potential operational and fiscal impacts of a golf course reconfiguration study could be $50,000 - $100,000. Staff has also spoken to three (3) firms that indicated a willingness to make recommendations and proposals for this study. Again, per the City Council, the cost should be funded by the Kare Youth League because this study would be conducted to accommodate Kare's expansion. CONCLUSION After a twenty (20) year lease with AGC, the City Council directed staff to solicit proposals from different management firms because it seemed as though from AGC's renewal proposal that rent paid to the City was not increasing proportionally with the increase in revenues. The similarity in proposals from three of the firms that currently operate courses in the Southern California market indicate that a minimum rent of $150,000 for the Arcadia Par 3 Golf Course is reasonable. While the rent may seem low in comparison to the amount of revenue generated by the Par 3, Capital Improvement Projects have not yet been factored into the rent. For example, $820,000 is proposed in capital improvements by AGP, it may not be realized in cash flow, but the City would be receiving $41,000 in improvement benefits annually in addition to the minimum rent. There are few significant differences between the proposals with the exception of AAG that has proposed a "Golf Park". On the other hand, the City Council may consider exploring the options proposed by the Kare Youth League. The study would take some time to conduct and the reconfiguration of the course may cause revenues to drop due to the necessary closures for construction of new holes and irrigation. Staff has talked with AGC to negotiate a short term extension to the existing contract to allow additional time necessary to evaluate Kare's proposal. AGC has indicated an interest in negotiating a short term extension. The Arcadia Par 3 Golf Course is a valuable recreational asset to the City and its residents. With a benefit that is intangible, it is difficult to determine the best course of action. While it is important to increase revenues to the City, it is also important to keep the green fees affordable for golf patrons. Page 5 of 6 Mayor and City Council May 6, 2008 FISCAL IMPACT Depending on the option the City Council chooses to pursue, minimum annual revenues can range from $150,000 - $200,000. Another option to increase proposed rent payments is to have the City pay for all Capital Improvement Projects. Without the burden of paying for capital improvements, the management firms could potentially increase their minimum rents and revenue sharing percentages. However, without a specific source of funds, it would be difficult for the City to finance these improvements up front. On the other hand, the Kare Youth League is offering an undisclosed amount of money that promises to compensate the City for the leasing or selling portions of land. This amount would be accurately established with further professional analysis. RECOMMENDATION Provide direction to staff on how to proceed with the continued operation and maintenance of the Arcadia Par 3 Golf Course. Approved:.~~~ ~~-~~ Donald Penman, City Manager PM:TT Page 6 of 6 :::~;: c°0m°°~~Y°tH°~~~ STAFF REPORT Public Works Services Department DATE: May 6, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager/Public Works Services Direc r I Prepared by: Tom Tait, Deputy Director of Public Works Services Maria P. Aquino, Management Analyst SUBJECT: 7. Conduct a Public Hearing to consider all the conclusion of the Public Hearing Assessment District Recommendation: Approve protests and close the ballot proceedings at for the Santa Anita Oaks Street Lighting 2. Upon successful balloting results, order the formation of the Santa Anita Oaks Street Lighting Assessment District for fiscal year 2008/09 by adopting the following Resolutions: a. Santa Anita Oaks Lighting District commencing in fiscal vear 2008/09 Recommendation: Adopt b. c. 3. If majority protest exits based on the ballot results, abandon the formation of the Santa Anita Oaks Street Lighting Assessment District for fiscal year 2008109 by adopting the following Resolution: Resolution 6623 declaring the results of the propertv owner protest ballot Recommendation: Adopt Page 1 of 5 Recommendation: Adopt Recommendation: Adopt Or Mayor and City Council May 6, 2008 SUMMARY At the March 4, 2008 Council meeting, City Council initiated proceedings for the formation of the Santa Anita Oaks Lighting District; directed the property owner balloting process; and approved the preliminary Engineer's Report outlining the data regarding the districts and their assessments (plans and specifications, budget, method of apportionment, and assessment diagram and roll). Staff is requesting that the City Council conduct a Public Hearing to consider all protests to the proposed Santa Anita Oaks Street Lighting District and close the balloting proceedings at the conclusion of the Public Hearing. Subsequently, based on successful assessment balloting results, staff is requesting the Council to order the levy of assessment far the formation of the Santa Anita Oaks Street Lighting Assessment District via the Landscaping and Lighting Act of 1972 by adopting the following Resolution numbers: 6623, 6624, and 6625. However, if a majority protest exists based on the balloting results, staff is requesting the City Council to abandon the formation of the Santa Anita Oaks Street Lighting Assessment District and only adopt Resolution number 6623. As a result, the Santa Anita Oaks will be included in the proposed Citywide Street Lighting Assessment District balloting process and will be included in the next Public Hearing on July 15, 2008, BACKGROUND During the early 1970s, under the Street Lighting Act of 1919, the City's existing lighting districts were consolidated into several districts. Since then, significant areas of concern have developed: aging street lighting systems, inequity of assessments within the City; and the approaching sunset date of the existing assessment districts on June 30, 2010. Additionally, the Santa Anita Oaks Homeowner's Association has requested to upgrade their street lighting poles and fixtures and have asked to install an additional 13 street lights to improve lighting in the neighborhood. Following several study sessions, the City Council awarded Munifinancial a contract to assist staff with the establishment of Citywide and Santa Anita Lighting Assessment Districts via the Landscaping and Lighting Act of 1972 (LLD 1972). The process included the evaluation and analysis of approximately 16,500 parcels (including 206 parcels from the Santa Anita Oaks area). DISCUSSION At the March 4, 2008 Council meeting, City Council initiated proceedings for the formation of the Santa Anita Oaks Lighting District; directed the property owner balloting process; and approved the preliminary Engineer's Report outlining the data regarding the districts and their assessments (plans and specifications, budget, method of apportionment, and assessment diagram and roll). Page 2 of 5 ~I Mayor and City Council '..May 6, 2008 'The Santa Anita Homeowner's Association has requested an upgrade of their street light poles and fixtures to a more decorative type. The proposed Santa Anita Oaks Street Lighting District (Attachment A) will be paying the proposed annual maintenance and operations assessment plus the cost for their new street light poles, material and construction, and District administration. There are 206 parcels to be levied in this neighborhood and the construction cost to complete this work is approximately $550,000. On February 6, 2008, staff conducted a property owner workshop for the neighborhood and a 10-year payment plan (with a 5% annual interest) was established. Each assessed parcel is then expected to pay the following proposed budget assessment (see Attachment B): Payment Plan Debt Service' Operations and Maintenance TOTAL 10 -Year $381 $26 $407 per year or $34 per month - r ne aeor service rs ror street ~rghtrng construction and District administration expenses and will remain fixed for fhe term of the loan. Landscaping and Lighting Act of 1972 (LLD 1972) and Adoption of Resolutions The LLD 1972 permits the establishment of assessment districts by agencies, for the purpose of providing public improvements including maintenance, operations, cbnstruction, and servicing of public street lights. Along with this, Proposition 218 also requires a simple majority vote (based on the weight of the assessments) from the property owners in order for a levy to be collected. Additionally, in accordance with Proposition 218, ballots were mailed to the property owners during the week of March 17th, at least 45 days before the date of the Public Hearing. Staff is requesting that the City Council conduct a Public Hearing to consider all protests to the proposed Santa Anita Oaks Street Lighting District and close the balloting proceedings at the conclusion of the Public Hearing. Based on successful assessment balloting results, staff is requesting the Council to order the levy of assessment for the formation of the Santa Anita Oaks Street Lighting Assessment District via the Landscaping and Lighting Act of 1972 by adopting the following Resolution numbers: 6623, 6624, and 6625. However, if a majority protest exists based on the balloting results, staff is requesting the City Council to abandon the formation of the Santa Anita Oaks Street Lighting. Assessment District and only adopt Resolution number 6623. As a result, the Santa Anita Oaks will be included in the proposed Citywide Street Lighting Assessment District balloting process and will be included in the next Public Hearing on July 15, 2008. Page 3 of 5 Mayor and City Council May 6, 2008 ENVIRONMENTAL IMPACT The environmental assessment is not necessary for this evaluation. FISCAL IMPACT The Santa Anita Oaks Street Lighting District construction cost to upgrade its street lighting poles is $550,000 plus administration of the District, and an annual maintenance and operations cost (with annual inflationary adjustments based on the Consumer Price Index). Annual assessments will be based on a 10-year payment plan for construction costs, which will be initially funded by a loan from the City's general fund to the district. Upon successful establishment of the Santa Anita Oaks Street Lighting Assessment District, the LLD 1972 will allow the City to collect a special benefit assessment through the property owners' annual property tax bill to fund the ongoing maintenance and operational costs as well as the lighting district administration, improvements, and upgrades. RECOMMENDATION 1. Conduct a Public Hearing to consider all protests and close the ballot proceedings at the conclusion of the Public Hearing for the Santa Anita Oaks Street Lighting Assessment District Recommendation: Approve 2. Upon successful balloting results, order the formation of the Santa Anita Oaks Street Lighting Assessment District for fiscal year 2008/09 by adopting the following Resolutions: a. Resolution 6623 declaring the results of the orooertv owner protest ballot Recommendation: Adopt b. c. Resolution 6625 ordering the formation of the Santa Anita Oaks Lighting District. and ordering the improvements and levv of assessments within said District for fiscal vear 2008/09 Recommendation: Adopt Or Page 4 of 5 LVVV/V ~ Recommendation: Adopt Mayor and City Council May 6, 2008 3. If majority protest exits based on the ballot results, abandon the formation of the Santa Anita Oaks Street Lighting Assessment District for fiscal year 2008109 by adopting the following Resolution: Resolution 6623 declaring the results of the property owner protest ballot proceedings conducted for the proposed levy of assessments related to the Recommendation: Approved by: ~~ {~er,.,,.,~ Donald Penman, City Manager PM:MA:ma Attachments Page 5 of 5 RESOLUTION NO. 6623 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDINGS CONDUCTED FOR THE PROPOSED LEVY OF ASSESSMENTS RELATED TO THE SANTA ANITA OAKS LIGHTING DISTRICT COMMENCING IN FISCAL YEAR 2008-2009 WHEREAS, the City Council on behalf of the Santa Anita Oaks Lighting District (hereafter referred to as the "District") initiated proceedings and declared its intention to conduct a protest balloting for the levy of proposed new assessments within the proposed District commencing in Fiscal Year 2008-2009 for the special benefits received by properties therein from the improvements related thereto, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500; and, WHEREAS, in accordance with the provisions of the California Constitution, Article XIIID, the City Council has caused and conducted a property owner protest ballot proceeding for the proposed new assessments to be levied on properties within the proposed District; and, WI~REAS, the assessments presented to each property owner of record within the proposed District reflects each property's benefit and proportional financial obligation for the costs and expenses of the construction and installation of new street lighting improvements, replacement of existing street light poles and for the ongoing maintenance, servicing and operation of street lighting improvements and appurtenant facilities related thereto that will provide special benefit to the properties within the District. The ballots presented clearly identified the total amount balloted to all properties, the proposed assessment rates, the property's proportional annual amount commencing with Fiscal Year 2008-2009 and the inflationary adjustment applicable to future assessments; and, WHEREAS, upon the close of the Public Hearing held on May 6, 2008 the protest ballots returned by the landowners of record within the proposed District, were opened and tabulated, the results of which are illustrated below: Yes: No: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The preceding recitals are all true and correct. SECTION 2 The protest proceedings were conducted with the notices and ballots of the proposed new assessments presented to the qualified property owners within the proposed District as required by law, with a required receipt of the returned ballots to the City Clerk prior to the close of the Public Hearing on May 6, 2008. SECTION 3 The canvass of the protest ballots cast for the proposed District and received prior to the close of the public hearing, weighted according to the proportional financial obligation of the affected properties is hereby approved and confirmed. SECTION 4 The City Clerk is hereby directed to enter this Resolution on the minutes of this meeting, which shall constitute the official declaration of the result of such property owner protest ballot proceeding. SECTION 5 This Resolution shall become effective immediately upon its adoption. 3 SECTION 6 The City Clerk shall certify the adoption of this Resolution. Passed approved and adopted this day of 2008. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Mayor of the City of Arcadia a RESOLUTION NO. 6624 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA CALIFORNIA, AMENDING AND/OR APPROVING THE ENGINEER'S REPORT FOR THE FORMATION AND ANNUAL LEVY OF NEW ASSESSMENTS CONNECTED THEREWITH FOR THE ARCADIA SANTA ANITA OAKS LIGHTING DISTRICT, COMMENCING IN FISCAL YEAR 2008-2009 WHEREAS, the City Council, pursuant to the provisions of Part 2 of Division 15 of the California Streets and Highways Code, did by previous Resolution order the Engineer, MuniFinancial, to prepare and file a report in accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22565, in connection with the formation and the levy of assessments for the Santa Anita Oaks Lighting District (hereafter referred to as the "District") for the fiscal year commencing July 1, 2008 and ending June 30, 2009; and, WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Arcadia and the City Clerk has presented to the City Council such report entitled "City of Arcadia, Santa Anita Oaks Lighting District, Engineer's Formation Report, Fiscal Year 2008/2009" (hereafter referred to as "Report"); and, WHEREAS, the City Council has examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the expenses associated therewith and the resulting levy of assessments have been spread in accordance with the special benefits received from the improvements and services to be provided, as set forth in said Report; and, WHEREAS, the City Council called and duly held property owner protest ballot proceedings for the proposed new assessments related to the District in accordance with the provisions of the California Constitution Article XIIID, the results of which have been presented and confirmed by City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The preceding recitals are all true and correct. SECTION 2 Based on testimony given, the results of the property owner protest ballot proceedings and the documents and discussion presented, the City Council has directed and confirmed any necessary modifications or amendments to the Engineer's Report previously presented 2 and filed, and said modifications or amendments so reflected by the minutes of this meeting shall by reference be incorporated into the approved Engineer's Report. SECTION 3. The Engineer's Report as approved, consists of the following: 3a) Plans and specifications that describe the District and Improvements. 3b) Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements; and the calculations used to establish each parcel's proportional special benefit assessment commencing in fiscal year 2008/2009 including the establishment of: Assessment installments to repay the City loan and related expenses for the construction and installation of the street light improvements; and, > Annual assessments for the ongoing maintenance, servicing and operation of street lighting improvements that provide special benefits to the properties in the District; and, ~ An Assessment Range Formula that provides for inflationary adjustments to the annual assessment for the ongoing maintenance, servicing 3 and operation of street lighting improvements, thereby .establishing the maximum assessment rate authorized each fiscal year. 3c) The Budget that outlines the costs and expenses associated with the City loan to the District and the estimated annual expenses to provide, maintain, and service the improvements, including incidental expenses authorized by the 1972 Act. 3d) An Assessment Diagram that identifies the boundaries of the District and associated lots, parcels and properties included therein. 3e) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District and the proportional assessments commencing Fiscal Year 2008/2009. SECTION 4 All new assessments incorporated in the Engineer's Report have been approved by the property owners of record pursuant to the provisions of the California Constitution Article XIIID. SECTION 5 The Engineer's Report as presented or amended is ordered to be filed in the City Clerk's Department as a permanent record and to remain open to public inspection. SECTION 6 The City Clerk's Department shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall a so reflect the approval of the Engineer's Report. Passed approved and adopted this day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF ARCADIA SANTA ANITA OAKS LIGHTING DISTRICT ENGINEER'S FORMATION REPORT FISCAL YEAR 2008/2009 ARCADIA INTENT MEETING: MARCH 4, 2008 PUBLIC HEARING: Mav 6, 2008 MuniFinancial Corporate Office: 27368 Via Industria Suite 110 Temecula, CA 92590 Tel: (951) 587-3500 Tel: (800) 755-MUNI (6864) Fax: (951) 587-3510 Other OfFce Locations: Lancaster, CA Phoenix, AZ Oakland, CA Orlando, FL Sacramento, CA Seattle, WA Memphis, TN www.muni.com ENGINEER'S REPORT AFFIDAVIT Formation of the Santa Anita Oaks Lighting District And establishment of Annual Assessments for said District City of Arcadia, County of Los Angeles, State of California This Report and the enclosed descriptions, budget and assessment diagram outline the plans and specifications for the formation of the Santa Anita Oaks Lighting District and establishment of the proposed assessments for each lot, parcel, and subdivision of land within said District Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of pazcels within the District. The undersigned respectfully submits the enclosed Report as directed by the Ciry Council Dated this day of , 2008. MuniFinancial Assessment Engineer On Behalf of the City of Arcadia By: Jim McGuire Senior project bfanager Bv: Richard Kopeclty R. C. E. # 16742 TABLE OF CONTENTS INTRODUCTION ...................................... 3 PART I -PLANS AND SPECIFICATIONS .............................................................6 DESCRIPTION OF THE DISTRICT ...........................................................................................6 DESCRIPTION OF IMPROVEMENTS AND SERVICES ...............................................................6 Improvements and ServicesAuthorlZed by the 1972 Act ..................................................................7 Plans and Specifications (Facilities and Improvementr) ...................................................................... 8 Funding of the Improvements ..........................................................................................................10 PART II -METHOD OF APPORTIONMENT .....................................................11 BENEFIT ANALYSIS ..................................................................... Specz'al Ben~t .................................................................................. Genera! Ben ~t ................................................................................. ASSESSMENT METHODOLOGY .................................................... Equivalent Bent Unitr .................................................................. Assessment Calculatians ................................................................... ASSESSMENT RANGE FORMULA .....12 .....12 ............ 13 ......................... ......................................... 13 ......................................... 14 16 PART III -DISTRICT BUDGET ............................................................................18 ESTIMATED CONSTRUCTION COST SUMMARY .................................................................... 1S ESTIMATED DEBT SERVICES SCHEDULE ............................................................................ 19 PROPOSED ANNUAL BUDGET AND ASSESSMENTS .............................................................. 20 PART IV -DISTRICT DIAGRAM ............................. ...................... 21 PART V -ASSESSMENT ROLL .............................................................................23 City ofArtadia Engineer c Bepart Santa Anita Oa,~s Lighting District Introduction The City Council of the City of Arcadia, County of Los Angeles, State of California (hereafter referred to as "City"), has by previous resolution initiated proceedings that called for the preparation and filing of an Engineer's Report to establish a special benefit assessment district to be designated as: Santa Anita Oaks Lighting District (hereafter referred to as "District', for the purpose of funding the construction and installation of new decorative street lights within the residential development known as Santa Anita Oaks, including the removal and replacement of forty-five existing street lights, the installation of thirteen additional street lights and related materials, equipment and facilities within the boundaries of the District; and the ongoing maintenance, servicing and operation of street light improvements and facilities, including associated incidental expenses, authorized pursuant to the Landscape and Ilghting Act of 1972, Part 2 of Division 15 of the California Streetr and Highways Code ff22500 and following (hereafter referred to as the "1972 Act's. This Engineer's Report (hereafer referred to as "Report's has been prepared in connection with the establishment of said District and the levy and collection of annual assessments related thereto commencing in fiscal year 2008/2009, pursuant to Chapter 1, Article 4 beginning with §22565 of the 1972 Act. In conjunction with the provisions of the 1972 Act, the proposed assessments shall be made in compliance with the substantive and procedural requirements of the California State Constitution Article XIIID (hereafter referred to as the "California Constitution") and as such, the District includes all lots and parcels of land that will receive special bene&ts from the proposed improvements. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number (APN) by the Los Angeles County Assessor's Office. The Los Angeles County Auditor/Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify propetties to be assessed on the tax roll for the special benefit assessments. As part of this District formation, the City shall conduct a property owner protest ballot proceeding for the proposed new assessments in accordance with the provisions of Government Code, Section 53753 and California Constitution, Article }+IIID Section 4. In conjunction with this ballot proceeding, the City Council shall conduct a public hearing to consider public testimonies, comments and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majoring protest exists (ballots shall be proportionally weighted based on each parcel's proposed assessment obligation), and by resolution the City Council will confirm the results of the ballot tabulation. If majority protest exists, the City Council shall abandon the formation of the ~MuniFinandal Fage 3 -- ~ City afArcadia Engineer'r Report Santa Anita Oaks Lsghting Dirtnct District, and the proposed improvements and assessments described herein. If majority protest does not exist, the Ciry Council may, by resolution, adopt this Report (as submitted or amended) including the assessment diagram; order the formation of the District; approve the levy and collection of the assessments including the assessment range formula as described herein; and order the improvements to be made. In such case, the assessments (as pro~7ded herein or as amended) shall be submitted to the Los Angeles County Auditor/Controller for inclusion on the property tax roll commencing in fiscal year 2008/2009. Each subsequent fiscal year, an Engineer's Report shall be prepared and presented to the City Council describing the District, any changes to the District or improvements, the proposed budget and assessments for that fiscal year, and the City Council shall hold a noticed public hearing regarding these matters prior to approving the annual levy of assessments. This Report consists of five (~) parts: Part I Plans and Specifications: A description of the District boundaries and the proposed improvements associated with the District. The District is being formed with a single benefit zone encompassing all properties that will receive special benefits from the proposed street light improvements and associated maintenance, operation and servicing of those street light improvements and facilities. Part II The Method of Apnordonment: This section of the Report provides a discussion of benefits to properties within the District, the apportionment of the improvement costs, the method of calculating each property's proportional special benefit and the calculation of annual assessments. This section also identifies and outlines an Assessment Range Formula that will provide for an annual adjustment to that portion of the assessments related to the operation, maintenance and servicing of the lighting improvements, thereby providing fox reasonable cost adjustments due to inflation without the added expense of additional property owner protest ballot proceedings. Part III The District Budeet: An estimate of the annual funding required to repay the estimated construction and financing costs associated with the installation of the street lighting improvements, the annual administrative and incidental expenses for the District; and the funding required for the estimated annual maintenance, servicing and operation of street lighting improvements determined to be of special benefit to the parcels within the District. The budget identifies the annual installments to repay the estimated cost of construction and installation of the sneer light improvements, the financing cost for the project (hereafter Pa£+e 4 ~MuniFinancial C:~~ ofArradia Engineer'r Report Santa Anita Oaks Lsghtiog Dirtrict referred to collectively as "Loan Repayment's and the annual administration expenses associated with the District. These budget items establish the annual Debt Service expenses for the District and the calculated assessment rate for these costs will remain fixed until the original construction project costs have been repaid. In addition to the annual Debt Serc-ice costs, the budget identifies an estimate of anticipated ongoing annual expenses to maintain, service and operate street lighting improvements including, but not limited to servicing of the street lights and related facilities, energy costs and related administration expenses and collection of appropriate fund balances authorized by the 1972 Act (hereafter referred to collectively as "O&M'~, which establish an initial calculated assessment rate for O&M. Although the assessment rate calculated for the annual Debt Senrice will remain fixed for the life of the Loan Repayment (ten years), the annual cost of maintaining the improvements will clearly be affected by inflation over the years and therefore an annual inflationary adjustment (Assessment Range Formula) will be applied in subsequent fiscal years to the assessment rate established herein for O&M. Part IV District Diagram• A diagram showing the exterior boundaries of the District is provided in this Report and includes all parcels of land that will receive special benefits from the improvements and for which an assessment will be imposed as part of this District. Reference is hereby made to the Los Angeles County Assessor's maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District. Part V Assessment Roll: A listing of each parcel's combined assessment obligation (amount) to be presented to the property owners of record in the protest ballot proceedings. The total assessment amount for each parcel is based on each parcel's proportional special benefit as outlined in the method of apportionment and the combined assessment rate calculated from the net annual cost for Debt Service and O&M. ~MuniFinaneial Page 5 ' City afArcad:'a Engineer'r Report ,S'anta Anita Oaks Lighting Dirtnct Part I -Plans and Specifications Description of the District The territory within the District consists of the lots, parcels and subdivisions of land in the northern section of the City of Arcadia within the neighborhood known as Santa Anita Oaks, generally located: S• South of Orange Grove Avenue; 6• North of Foothill Boulevard; :• East of Baldwin Avenue; and q. West of Caballero Road. Collectively, the District encompasses an area of land totaling approximately one hundred four acres (104.45 acres) that includes a total of two hundred fourteen parcels representing two hundred six (205) single-family residential units and one (1) single-family residential lot that is currently vacant. These residential properties are located on the following sweets: Arbolada Drive Carmelita Place Gloria Road Hacienda Drive Oaklawn Place Hampton Road Oaklawn Road Oak Meadow Road San Carlos Road Eight (8) of the ttvo hundred six single-family residential properties axe comprised of two parcels (one lot bifurcated by a tax rate area code) for which only one of the two parcels associated with that residential lot shall be assessed. The parcels within the District at the time this Report was prepared, are identified on the Los Angeles County Assessor's Parcel Maps as: All parcels shown in Book 5769 Pages 018 through 022; :• A portion of the parcels shown in Book 5769 Pages 017, 023, 024 and 025; :• All parcels shown in Book 5770, Pages 017, 022, 023, and 024; :• A portion of the parcels shown in Book 5770, Pages 015, 016, 020 and 021. A diagram identifying the boundaries of the District is provided in Part IV and a full hsting of the parcels therein is provided in Paxt V of this Report. Description of Improvements and Services In response to the residents within the Santa Anita Oaks area to upgrade the sweet lighting in their neighborhood, the Ciry has proposed the formation of this District as a mechanism Page 6 ~jMuniFnancial City ofArtadia Engineer's Report Santa Anita Oakr Laghting Distract for the property owners within the District to fund through annual installments, the construction and installation of new sweet lighting improvements as well as the ongoing maintenance, operation and servicing of those improvements including, but not limited to the materials, equipment, utilities, labor, appurtenant facilities and incidental expenses related thereto. Improvements and Services Authorized by the 1972 Act As generally defined b}' the Landscaping and Lighting Act of 1972 and apphca6le to this District, the improvements and associated assessments may include but are not limited to some or all of the following: :• The installation or constmction of public lighting facilities; :• The installation or construction of any facilities which are appurtenant to any of the foregoing or which axe necessary or convenient for the maintenance or sera=icing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, paving, or electrical facilities; :• The acquisition of any existing improvement otherwise authorized pursuant to the Act; :• Incidental expenses associated with the improvements including, but not limited to: - The cost of preparation of the report, including plans, specifications, estimates, diagram, and assessment; - The costs of printing, advertising, and the publishing, posting and mailing of notices; - Compensation payable to the County for collection of assessments; - Compensation of any engineer or attorney employed to render services; - Any expenses incidental to the issuance of bonds or notes; - Costs associated with any elections held for the approval of a new or increased assessment. - An}= other expenses incidental to the construction, installation, or maintenance and servicing of the improvements; :• The maintenance or servicing, of any of the foregoing including the furnishing of senrices and materials for the ordinary and usual maintenance, operation, and servicing of anp improvement including but not limited to: - Repair, removal, or replacement of all or anv part of any improvements; - The cleaning, sandblasting, and painting of improvements to remove or cover graffiti; - Electric current or other illuminating.agent for an}=public lighting facilities; ~MuniFinancial Pale 7 City ofArcadia Engineer's Report Santa Anita Oaks Isghting District :• The collection and accumulation of funds as reserves for the purpose of ensuing appropriate cash flow for operational activities and long-term maintenance expenses. Plans and Specifications (Facilities and Improvements) Detailed maps and descriptions of the location and extent of the proposed street lighting improvements and estimated cost of construction and installation are on file in the Office of Public Works Services Department, and by reference these documents are made part of this Report. These improvements as summarized in the following description are based on existing installation plans, however these plans and specifications may be modified as needed to complete the construction and installation of the proposed street lighting system and facilities to be funded by the District assessments. :• Remove and dispose of the existing streetlights (luminaries) in forty-five (45) locations, Furnish and install new street light pole, streetlight kits, lamps, wiring, and fuses, and modify existing foundation. Paint Arcadia Green; •A Install thirteen (13) new street light poles including foundation, sweeps, wiring, stud outs and appurtenances. Paint Arcadia Green; :• Install eighteen (18) #5 Caltrans pullbox; • Intercept existing 1 "steel conduit, install sweeps to pull box, rewire conductors from adjacent pulboxes (eight locations); :• Install 1" Galvanized Steel Conduit including conductors 2-#4 AWG wire from pull box to pull box (440 linear feet -Bored in) :• Install necessary sweeps, conduit and conductors from the pullbox to the new streetlight poles (13 locations); :• Install ballast bracket at base of each streetlight (fifty-nine); •:• Convert circuit to 240V and adjust existing wiring within controller cabinet (seven locations); :• Convert individual luminary to 240V and furnish ballast, lamps, wiring, fuses (1101 San Carlos Road); :• General clearing and grubbing. :• All appurtenant facilities, equipment, materials and utilities related to the aforementioned improvements and activities. The sample diagram on the following page provides an overview of the proposed street lighting improvement plans fox the District. A full size copy of this map is on file in the Office of Public Works Services Department, and by reference this map is made part of this Report. Page 8 ~MuniFinancial ~~ S ~ ~ k ~ ';a I; ' { it ~~ ~i t { t~ :~ y ~ ! 114 ~ t"'t si ~y E .{ o S'~9 _~ q ~ t f .~ o~~. ~ ~ ~ ~£S es'i .~ ~{ ~ rYy N~ L k rs ~ q ~ s• $ y ,.., °° E ~ I L I - ~ _'__ I . ~ ~ ~ a ~ --- ~ -- - - I ' ~ +„ 7 r I .__ l ~ .- h :: _R _ - i' i ~.._ N _ ti!r~t ~ ~~~ a` ~ ... : __ .: : .Hw :_... . _ ". •° ` .,, ~ , ~ § ~~, ~ ~ 5 ~~ l , ~ f x ~ ~ ~ ~~ S~ r t I t . ~ ' y t t Y ~,. {~_~~ t 4 ~ 4 N ~ T ~ e _ ~` . l- ik' ~ r V _ I If -y~ p~ '!~ ~' S ' t ~ ~j ~ i~N . ~ , ~ :'~p i ~~~ '" ~ ~ n i ~s ~ . ~ , S ~ r Y~ 'q:.' l `' ' 9' ,qh ,, h - 3 Y ~ ai r. ~ _ 4. ~ ~~1, ~,~ ~ ~ '4 J ~' a ,. . E ~ x` ~„_+~;~~ ~' 4 '. p l i~ N~._, 4 \ ,t ~`~ ~ . '. _ F J [''r'py 'h~ C 4 ~'~ 4~ ' w ±.. u l ~_ ~ ~ ~ ~ +~~ f ~ T ~a ~ ~ ~ ~ ~ i ' r "7 + ,+ ~ " _ l r ., r r ~~ ~E 4 ° ° 4' Y 2i0 t ,~, r ;' ;. J I " I ,R---~~y._ ` r _ ._ _ ~ i _~ ~ q r , ~. ~, r~'` fir ~~~ ~ i . y , I _ i 7 ,/ny ~ ,~4 ' ~ _ _ ` ;4 ~ ' ~ ._ '- ~ I e t ~ ~ 1, ? ~ . ~ rL _ 4 s ~ , ^ ~,~ ~ . .~ _ v. 4 _ d >h_, tn' I ' ca~ ~ H9 I ~ ~ I , u ~. a gut ~r ' ~ h ao ~ s" <` 1 ~I ` _ ___~ ~, 111 C2 PI , y 5 ~ r, ~ ` - ~ r ., ~. '~~ ~~ - t~ t .__. c 1 ,_. V ' m I ' - h _~ _. ~ Q ~ _ I ~ f ~, _ _ ^ _ ~ a I ~ ~ V - =~ r ~ - -- -a...~. ~a 1 t"- . ufJUehQ~gg -"~ ` _ _ I r- a., c , . 11 G 7 City ofArcadia Engineer'r Deport Santa Anita Oak r Lighting Distract Funding of the Improvements The cost of construction and installation of the new decorative street light improvements described in the preceding has been estimated by the City to be approximately .6550,000. A summary of the specific cost estimates associated with the proposed street light conversion project is shown in the budget section of this Report. In order to expedite the street light conversion project, the City proposes to loan the District the necessary funds for construction and installation of the improvements. This cost estimate establishes the maximum principal amount that is to be collected in annual installments as pan of the proposed District assessments. This principal amount will be paid back to the City in equal annual installments over a 10-year period at an interest rate of five percent (5%) as part of the annual assessments. These annual installments for principal and interest along with the estimated incidental expenses associated with the annual administration of the District are referred to collectively as "Debt Service". The estimated annual Debt Service and the resulting annual assessment rate per equivalent benefit unit for these costs axe outlined in the budget section of this Report and this rate shall remain fixed (no inflationary adjustment) until the original construction project costs have been repaid. In addition to the Debt Service installments, the District budget identifies an estimate of anticipated annual expenses associated with the ongoing operation, maintenance and servicing of street lighting improvements that includes, but is not limited to servicing of the street lights and related facilities, energy costs and incidental expenses (including the collection of appropriate fund balances) that axe authorized by the 1972 Act (hereafrer referred to collectively as "O&M"). In a separate but simIlar proceeding, the City is proposing the formation of a citywide lighting district to partially fund the operation, maintenance and servicing of street lighting improvements throughout the Ciry that provide special benefits to properties within the City. This ciq~tvide district includes three zones that reflect the proportional special benefits various properties and developments receive from street lights within the City. In developing the proposed assessments for the citywide district, the City plans to continue its current overall funding support for street lighting, which significanti}' reduces the annual assessments that would otherwise be assessed to the properties in the district for such services and activities. While it has been determined that the street lighting improvements in this District axe entirely for the special benefit of the properties within this District and the cost of those improvements axe clearly the fmancial obligation of those properties, to ensure that the proposed assessments for operation, maintenance and servicing are consistent with those planned fox the citywide district, the budget and calculated assessment rate fox O&M for this District shall be given the same funding support from the City. Although the assessment rate calculated for the annual Debt Service will remain fixed fox the life of the loan repayment (10-years), the annual cost of maintaining the improvements will clearly be affected by inflation over the years and therefore an annual inflationary adjustment (Assessment Range Formula) will be applied to the assessment rate for 08rM in subsequent fiscal years. The application of an inflationary adjustment is outlined in the Assessment Range Formula discussion in Part II of this Report. Page 10 ~MuniFinancial City ofArcadia Engineer'r Report Santa Anita Oaks Lighting District Part II -Method of Apportionment The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include the construction, maintenance, and servicing of public street lights and appurtenant facilities. The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value: `The net amount to be assessed upon lands within an assessment distract may be apportioned by any formula or method which fairly distributes the net amount among adl assessable lots or panels in proportion to the estimated bents to be received by each .ruck !ot orparcel from the amprovementr. " The method of apportionment described in this Report for allocation of special benefit assessments utilizes commonly accepted engineering practices and have been established pursuant to the 1972 Act and the provisions of the Cahfoxnia Constitution. The formulas used for calculating assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel. Benefit Analysis In order to enhance the appearance of their neighborhood, a portion of the residents (property owners) within the Santa Anita Oaks area have indicated fo the City, a desire to have their existing street light fixtures converted from the current Cobra lights to a more decorative fixture as well as to expand the street light coverage within their neighborhood. Clearly, such a project would be solely for the benefit of the nearby properties (located on the streets where the new decorative lights are to be installed) and these improvements aze not required nor necessarily desired by any properties or developments outside the Santa Anita Oaks area (proposed District boundary). Likewise, the ongoing operation, maintenance and servicing of those improvements directly benefit only those properties and such activifies and related expenses provide no measurable benefit to properties outside the District or to the public at large. Therefore, the Ciry has proposed the formation of this District as a mechanism for the property owners within that neighborhood to fund through annual assessments, the construction and installation of the proposed decorative street lights as well as the ongoing operation and maintenance of those improvements that provide a direct and special benefit to those properties. ~MuniFinancial Pa~ae 11 City of Arcadia Specla! Benefit Engineers Report Santa Anita Oakr Lghting Dirtnct The method of apportionment (method of assessment) established herein is based on the premise that each assessed parcel within the District receives special benefits from the construction and installation of new decorative street lighting (enhancement project) as well as the ongoing maintenance and sen'icing of those street light improvements. These special benefits include, but are not limited to: fi Increased sense of pride resulting from owning property within a neighborhood that has a unique and upscale character that is reflected by decorative street lighting. :• Increased nighttime safety on roads and streets for motorists providing better visibility at intersections, of pedestrian traffic and ingress and egress to properties; :• Improved night-time pedestrian accessibility, safety and ambiance; :• Reduced property-related crimes (especially vandalism) against properties in the District through well-maintained and adequatel}' lighted surroundings and amenities; Enhanced deterrence of criminal activity and an aid to police protection; Z• Improve reliability of the streetlight system resulting from the installation and upgrade of the current lights, cables, connectors, access points and appurtenant facilities :• Improved traffic circulation and reduced nighttime accidents and personal property loss; :• Enhanced desirability of properties through the direct association with improvements that provide a positive representation of the neighborhood and aesthetic appeal of those properties; All of the preceding special benefits contribute to the security, esthetic value and desirability of each of the assessed parcels within the District and thereby provide a special enhancement of the properties. General Benefit In reviewing the location and extent of the planned street light improvements and the relationship these improvements have to the surrounding properties, it is evident that the proposed improvements are a direct and special benefit to only the properties within the Distract. Although these improvements may be available or visible to the public at large, the installation of these improvements as well as the operation and maintenance of those improvements are not required nor necessarily desired b}' any properties outside the boundaries of the District or to the general public. Likewise because these improvements axe entirely within a defined residential area, public access ox use of these specific improvements would typically be a result of accessing those properties and any other public access or use would be considered incidental. Therefore it has been detemilned that neither the cost of constructing the improvements nor the ongoing maintenance of those improvements provide any measurable Page 12 ~MuniFinancial City of Arcadia Engineer's Report Santa Anita Oaks Lighting Distrct genera! bene&t and the costs and expenses associated with such improvements aze entirely the financial obligation of the properties within the District. Assessment Methodology The method of apportionment established for this District and described herein, reflects the proportional special benefit each property receives from the improvements and services. The costs associated with the improvements shall be fairly distributed among the parcels based upon the benefit received by each parcel. Additionally, in compliance with the California Constitution Article XIIID Section 4, each parcel's assessment shall not exceed the reasonable cost of the proportional special benefit conferred to that parcel. To identify and determine the special benefit to be received b}' each parcel and their proportionate share of the improvement costs it is necessary to consider the entire scope of the proposed improvements as well as individual properties within the District. Upon review of the planned improvements it has been determined that each of the properties to be assessed, receives special benefits from the improvements and based on the overall development of properties within the District a single zone of benefit is appropriate For the allocation of the assessments and proportional benefit. The benefit formula to be applied to this District reflects the composition of the parcels and the improvements and services provided, to fairly apportion the costs based on the special benefits to each assessable parcel. Equivalent Benefit Units The method of apportionment commonly used for districts formed under the 1972 Act is a weighted method of apportionment known as an Equivalent Benefit Unit (EBU) methodology (sometimes referred to as Equivalent Dwelling Units) that utilizes the single- family home site as the basic unit of assessment. Asingle-family home site is assigned one Equivalent Benefit Unit (EBU) with other land uses (mule-family residential properties, non- residential properties, etc.) within the district being assigned a weighted EBU based on an assessment formula that equates various property characteristics to that of the single-family home site. The proportional weighting may be based on several factors that may include, but are not limited to the type and status of development Qand use); size of the property' location of the property; development plans or restrictions; vehicular trip generation; street frontage; population densities or other measurable property related factors. Generally for most districts, the calculation of each parcel's proportional special benefit can be reasonably determined by applying one or more of these factors. While the Equivalent Benefit Unit method of apportioning special benefit is commonly used and applied to districts that have or may have a wide range of land use classifications (both residential and non-residential use) or have significant variations in the phasing of improvements and/or property development, this particular District involves only single- family residential properties and it has been determined that each residential property will receive proportionately the same special benefits from the street lighting improvements. MuniFinancial Pad a 13 City afArcadia Engineer'a Report Santa Anita Oakt Lighting District Therefore, each single-family residential property shall be assigned one (1.00) EBU and proportionately assessed for the improvements. The following land use designations and proportional special benefit assignments are applicable to parcels within this District: Single-Family Residential -This land use is defined as a fully subdivided residential home site (residential lot) with or without a structure. This land use is assessed at 1.00 EBU per lot or parcel. This is the base value that all other properties are compared and weighted against (i.e. Equivalent Benefit Unit EBU). Exempt Parcel -This land use classification identifies parcels that receive little or no benefit from the improvements and are assigned 0.00 EBU. This land use classification may include, but is not limited to lots or parcels identified as: • Public streets and other roadways (typically not assigned an APN by the County); • Public Easements including parkways, utility rights-of-ways or other public lands that axe considered part of the District improvements or have similar characteristics; and • Private properties that cannot be developed independently from an adjacent property, such as common areas, sliver parcels or bifurcated lots or properties with very restrictive development use. Within this District, eight (S) of the two hundred six single-family residential lots are bifurcated by a tax rate area codes, which means a single residential lot has been split into two Assessor Parcel Numbers (APNs). For these residential lots, only one of the two APNs shall be designated as aSingle-Family Residential parcel (assigned 1.00 EBU) and the remaining APN shall be designated as an Exempt Parcel (assigned 0.00 EBL~. The following is a summary of property types and the Equivalent Benefit Unit assignments described above. Property Type EBU Multiplier Total Parcels Total EBU Single-Family Residential 1.00 per parcel 206 206.00 Exempt Parcels 0.00 per parcel 8 0.00 214 206.00 Assessment Calculations The benefit formula and assessment calculation applied to parcels within the District is based on the parcel's special benefit received as compared to all other parcels benefiting from the improvements. The net annual cost and assessments for Debt Service and U&M are Page 14 ~MuniFinancial City afArcadta Engineer's Aepon Santa Anita Oaks Lghting Distract proportionately and equitably spread to all parcels that benefit from the District improvements utilizing the proportional special benefit allocation outlined previously. The following formulas axe used to calculate each parcel's proportional special benefit and assessment. Calculation of Annual Assessment Rates: The total number of Equivalent Benefit Units (EBU's) is the sum of all individual EBU's applied to parcels that receive special benefit from the improvements. An assessment amount per EBU (Assessment Rate) far the improvements is established by taking the total cost of the improvements and dividing that amount by the total number of EBU's of all parcels benefiting from the improvements. For this District, a separate assessment rate is calculated fox annual Debt Service Costs (Equal annual installments For the Loan Repayment consisting of the principal, interest and incidental expenses); and for. the annual O&M (Estimated annual operation and maintenance of the improvements and related incidental expenses). Annual Debt Service Budget _ Total Number of Benefit Units (EBU) -Debt Service Rate per EBU Annual O&M Budget = O&M Rate per EBU Total Number of Benefit Units (EBU) Refer to the District Budget -Part III of this Report for the Assessment Rate calculations. Calculation of each Parcel's Annual Assessment: The Rates established for Debt Service and O&M aze applied to each parcel's individual EBU to determine the parcel's proportional special benefit and annual assessment obligation. Debt Service Rate x Parcel's EBU =Parcel's Annual Debt Service Amount O&M Rate x Parcel's EBU = Pazcel's Annual O&M Amount Debt Service Amount + O&M Amount = Pazcel's Annual Assessment Refer to the Assessment Roll - Part V of this Report for the Annual Assessment for each Parcel. (The initial maximum rate and corresponding assessments calculated for O&M as identi&ed in this Report, shall 6e subject to an annual inflationary adjustment as described in the following section). ~jMuniFinancial Pane 15 Cite of Arcadia Engineer's Report ,Santa Anita Oaks Lrgbting District Assessment Range Formula Pursuant to the California Constitution Article XIIID, the imposition of any new or increased assessment requires certain noticing and meeting requirements. Prior to the passage of Proposition 218 (Now Articles XIIIC and XIIID of the California Constitution), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "anv assessment that does not exceed an assessment formula ox range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This de&nidon and conditions were later reaffirmed by Senate Bill 919 (Proposition 218 implementing legislation), which is contained in Title 5, Division 2, Part 1, Chapter 4, Article 4.6 of the California Government Code commencing with Section 53750 and referred to as the Proposition 218 Omnibus Implementation Act. As part of this Disttict formation and establishment of annual assessments to fund xhe construction and installation of the planned street light improvements and the ongoing operation and maintenance of those improvements, the proposed assessments submitted to the property owners of record, shall include an annual inflationary adjustment referred to as an Assessment Range Formula. The purpose of establishing such an Assessment Range Formula is to provide fox reasonable increases and inflationary adjustment that are inevitably associated with the ongoing maintenance and operation of such improvements, thereby reducing the need for additional noticing and mailing procedures simply because of inflationary factors. Therefore, the Assessment Range Formula described herein shall be applied to only the costs and proportional assessments associated with the ongoing operation and maintenance of the improvements and shall not be applied to the debt services portion of the proposed assessments. This Assessment Range Formula is defined by the following: The "Proposed Maximum Levy per Benefit Unit" fox this District (Proposed Rates to be Balloted) as presented in the Budget of this Report is comprised of two components: an Assessment Rate for Debt Service and an Assessment Rate for O&M. The Assessment Rate for Debt Service has been established based on an estimate of the costs associated with the initial installation of the street light improvements and related expenses, and this rate shall remain fixed for the term of the Loan Repayment (10-years). However, the Maximum Assessment Rate for O&M ($26.00) shall be adjusted annually by the three percent (3%), to establish the new Maximum Assessment Rate authorized fox the District each fiscal year. This 3% adjustments is based on historical inflationary adjustments and is slightly less than the average annual percentage change in the Consumer Price Index (CPI) identified by the U.S. Department of Labor; Bureau of Labor Statistics fox "All Urban Consumers" in the Los Angeles-Riverside-Orange County Area over the past twenty years. Together, the fixed Maximum Assessment Rate for Debt Service ($381.00) plus the annually adjusted Maximum Assessment Rate fox O&M shall constitute the new Maximum Assessment Rate authorized fox the District each fiscal year. Page i6 ~MuniFinancial City of Arcadia Engineer's Report .Santa Anita Oaks Isgbting Distract Beginning in the second fiscal year (Fiscal Year 2009/2010) and each fiscal year thereafter, the Maximum Assessment Rate will be recalculated and a new Maximum Assessment Rate (Adjusted Maximum Assessment) will be established for the fiscal year .utilizing the Assessment Range Formula described above. The Maximum Assessment Rate shall be calculated independently of the District's annual budget and proposed assessments. When the Debt Service obligation for the District has been satisfied, the Maximum Assessment Rate shall be based on the annually adjusted Maximum Assessment Rate fox O&M only. To impose a new or increased assessment other than the annual inflationary adjustment provided by the preceding Assessment Range Formula, the City must comply with the provisions of the California Constitution Article XIIID Section 4c, that requires a public hearing and certain protest procedures including mailed notice of the public hearing and property owner protest balloting. Property owners, through the balloting process, must approve a new or increased assessment before such an assessment may be imposed. As part of the District formation, property owners shall be balloted for a special benefit assessment necessary to fund the estimated annual Debt Service and O&M. Although this Report establishes an assessment amount for each of the existing properties within the District and this amount is used to determine majority protest, these assessments axe based on the initial maximum assessment rate and method of apportionment described in this Report. The notice and ballot presented to the propem~ owners shall identify the initial maximum assessment rate and the Assessment Range Formula described above. ~jMuniFinancial Pate 17 City of Arcadia Part III -District budget Engineer'r Report Santa Anita Oakt Lrgbtrng Dirtrict Estimated Construction Cost Summary The following outlines the City's estimate of the construction costs for the District's proposed street Gght conversion project and is the basis upon which the proposed annual debt service assessments and proposed Maximum Assessments have been determined. If the final cost of construction is less than the $550,000 shown below, the annual installments for debt services to be levied each year after the project has been completed shall be adjusted accordingly based on the principal amount the Cite actually needed to loan the District for the project. Should the final cost of consruction exceed the estimated $550,000, the City shall fund the difference from other available revenue sources and this excess funding need shall not be assessed against properties in the District either by increasing the maximum assessment rate or extending the term of the loan repayment. Item Unit Q ~eseri ion Unit Price Total 1 LS 1 Clearirg and Gruhbirg $ 17,OOD.00 $ 17,000.00 I ntercept e>osting 1"steel mnduit, install weeps to pull box, rewire $ 8 300 00 $ 6fi,4D0.00 2 EA B corxfudors from adjacent pulboxes From pull box to pull box Install 1"Galvanized Steel Conduit $ 9000 $ 39,600.00 3 LF 440 i ncluding conductors 2~ff4 AWG wire. (Boring) Remove and dispose of epsting lumiredes, furnish and install 4 F1+ 45 new luminaries, streetlight kits, lamps, wiring, and fuses, and $ 5,850.00 $ 263,250.00 modify existing foundation. Paint Arcadia Green Install rewstreet light pole induding foundation, sweeps, wiring, $ 8,370.00 $ 82,610.00 5 EA 13 stud outs and appurtenances. Paint Arcadia Green 6 EA 1B Install fAi Cattrere pullbox $ 550.00 $ 9,900.00 Install necessary sweeps, mnduit and conductors from the $ 970,00 $ 11,310.00 7 ~ 13 pullboz to the new street light pole. Cornert dreutt to 240V. Adjust existing wiring witltin coMrdler $ 730.00 $ 5,110.00 B FA 7 cabinet, 9 EA 59 Ballast Bracket at base $ 50.00 $ 2,950.00 Convert indiHdual Luminary to 240V. Furnish ballast, lamps, $ 1,670.00 $ 1.670.00 10 EA 1 wiring, fuses. 1101 San Cados Road SUBTOTAL $ 500,000.00 $ 50000.00 10%CONTINGENCIES Conetrue0on Total S 550,000.00 Page 18 ~MuniRnancial City ofArrada'a Engineera Report Santa Anita Oaks I sghting District Estarazated Debt Services Schedule For purposes of establishing the annual Debt Services assessment installments to be levied, the following annual debt services schedule has been developed based on a principal amount of $%D,000 to be repaid over 10 years at an interest rate of five percent (5%). While this debt service schedule reflects annual debt service payments that fluctuate from year to year, an average annual principal and interest payment (equal annual installments) shall be applied to the District budget in order to establish a fixed and constant assessment rate for Debt Service expenditures. Estimate Debt Service Projections Annual Debt Fiscal Year Principal Interest Service 2008/2009 $ 43,728 $ 27,500 $ 71,228 2009/2010 $ 45,914 $ 25,314 $ 71,228 2010(2011 $ 48,210 $ 23,018 $ 71,228 2011/2012 $ 50,620 $ 20,608 $ 71,228 2012/2013 $ 53,151 $ 18,077 $ 71,228 2013/2014 $ 55,809 $ 15,419 $ 71,228 2014/2015 $ 58,599 $ 12,629 $ 71,228 2015/2016 $ 61,529 $ 9,699 $ 71,228 2016/2017 $ 64,606 $ 6,622 $ 71,228 2017/2018 $ 67,836 $ 3,392 $ 71,228 Total $ 550,000 $ 162,278 $ 712,278 Average Annual $ ~ 00 Installment 0 $ 16,228 $ 71,228 ~iMUnlFlnanciel Pam Il City afArcadia Engineer'r Report Santa Anita Oaks Lighting Dirtrict Proposed Annual Budget and Assessments The total amount to be collected annually for the improvements is based on the fallowing budget information and results in a proposed Initial Maximum Assessment Rate of $407.00 per benefit unit per year ($381.00 for Debt Service and $26.00 for O&M). Debt Service 0 & M Total Direct Costs Average Principal Payment 55,000 - 55,000 Average Interest Payment 16,228 - 16,228 Streetlight Maintenance & Utilities 6.924 6,924 Subtotal Direct Costs $ 71,228 $ 6,924 $ 78,152 Indirect Costs Rehabilitation 8 Capital Improvements District Administration Reserve Collections Subtotal Incidental Expenses City Contribution for Maintenance - 670 670 7,160 556 7,716 - 266 266 $ 7,160 $ 1,491 $ 8,851 (3,121) $ (3,121) BALANCE TO LEVY (Budgeted) Total Parcels Total Parcels Levied Total Equivalent Benefit Units Calculated Levy per Benefit Unit Proposed Maximum Levy per Benefit Unit (ProOOSatl Rates to be Ballotetl) $ 78,388 $ 5,294 $ 83,882 214 214 214 206 206 2D6 206.00 206.00 206.00 $ 380.52 $ 25.70 $ 406.22 $ 381.00 $ 26.00 $ 407,00 Page 2U ~MuniFinancial City ofArcadia Engineer's Report Santa Anita Oaks Lighting District Part YV -District The parcels witlvn the District consist of the lots, parcels and subdivisions of land within the residential development known as Santa Anita Oaks, generally located south of Orange Grove Avenue; north of Foothill Boulevard; and east of Baldwin Avenue. The District includes two hundred fourteen Assessor's Parcels Numbers that represent two hundred six residential lots. The Following District Diagram is based on the Los Angeles County Assessor's Maps and the Los Angeles County Assessor's information that existed at the time this Report was prepared. The combination of this Diagram and the Assessment Roll contained in Pan V of this Report; coIlectively constitute the District's Assessment Diagram. ~i MUniFinanClal Pale .,1 U ~w Fp a'~~ Oqh 5y0~ ~; F ~O~ Ca~Z z~ O WF~ ., 67~v O e 0 U ~ ~~ gl1~{N~0. 01%~ 9 a W o wy~ aQ~S~s «..~~ p0~ o~pH~~~~ ~ ~1Q~~oo y ~ _ ~~~ ~~ a R4MWAY£ ~~` 8 ~ 6 '3 g ~ ~~ ~~ ~~~~~~ ~~~~~ , ~~~€ ~l € ~~ I ~~ f N a s ~I City of Arcadia Engineer'r &port Santa Anita Oaks Lightimg Dtrtrict Part V -Assessment 12011 Parcel identification for each lot ar parcel within the District is based on the District Diagram presented herein and available parcel maps and property data from the Los Angeles County Assessor's OFfice at the time this Report was prepared. A listing of the parcels to be assessed within this District along with the assessment amounts are provided herein. Non-assessable lots or parcels may include, but are not limited to public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas, right-of--ways, common areas; small parcels vacated by the County, bifurcated lots, and any other property that can not be developed ox has little or no value. These types of parcels aze considered to receive little or no benefit from the improvements and are therefore exempted from assessment. If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the fiscal year, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted pazcel or parcels shall be based on the method of apportionment and assessment rates described in this Report as approved by the City Council rather than a proportionate share of the original assessment. The following is a list of the parcels and proposed assessment amounts for each of the parcels within the District as determined by the assessment rates and method of apportionment previously described. Assessor Parcel Number EBU Debt Service Assessment (FY08/09) O & M Assessment (FY08/09) Total Assessment (FY08/09) Balloted Assessment Amounts 5769-017-005 1.000 $380.52 $25. 70 $406.22 $407.00 5769-017-006 1.000 $380.52 $25. 70 $406.22 $407.00 5769-017-008 1.000 $380.52 $25. 70 $406.22 $407.00 5769.017-010 1.000 $380.52 $25. 70 $406.22 $407.00 5769-017-011 1.000 $380.52 $25. 70 $406.22 $407.00 5769-017-012 1.000 $380.52 $25. 70 $406.22 $407.00 5769-017-013 1.000 $380.52 $25. 70 $406.22 $407.00 5769-017-014 1.000 $380.52 $25. 70 $406.22 $407.00 5769-017-015 1.000 $380.52 $25. 70 $406.22 $407.00 5769-018-001 1.000 $380.52 $25. 70 $40.6.22 $407.00 5769-018-002 1.000 $380.52 $25. 70 $406.22 $407.00 5769-018-003 1.000 $380.52 $25. 70 $406.22 $407.00 5769-018-004 1.000 $380.52 $25. 70 $406.22 $407.00 5769-018-005 1.000 $380.52 $25. 70 $406.22 $407.00 5769-018-006 1.000 $380.52 $25. 70 $406.22 $407.00 ~MUnlFinancial Page `3 City ofArcadia Engineer's Rej~ort Santa Anita Oaks L.agbting Distrld Assessor Parcel Number EBU Debt Service Assessment (FP08/09) O & M Assessment (FY08/09) Total Assessment (FY08/09) Balloted Assessment Amounts 5769-018-007 1.000 $380.52 $25. 70 $406.22 $407.00 5769-018-008 1.000 $380.52 $25. 70 $406.22 $407.00 5769-018-009 1.000 $380.52 $25. 70 $406.22 $407.00 5769-018-010 1.000 $380.52 $25. 70 $406.22 $407.00 5769-018-011 1.000 $380.52 $25. 70 $406.22 $407.00 5769-018-012 1.000 $380.52 $25. 70 $406.22 $407.00 5769-019-001 1.000 $380.52 $25. 70 $406.22 $407.00 5769-019-002 1.000 $380.52 $25. 70 $406.22 $407.00 5769-019-003 1.000. $380.52 $25. 70 $406.22 $407.00 5769-019-004 1.000 $380.52 $25. 70 $406.22 $407.00 5769-019-005 1.000 $380.52 $25. 70 $406.22 $407.00 5769-019-006 1.000 $380.52 $25. 70 $406.22 $407.00 5769-019-007 1,000 $380.52 $25. 70 $406.22 $407.00 5769-019-008 0.000 $0.00 $0. 00 $0.00 $0.00 5769-019-011 1.000 $380.52 $25. 70 $406.22 $407.00 5769-019-012 1,000 $380.52 $25 .70 $406.22 $407.00 5769-019-013 1.000 $380.52 $25 .70 $406.22 $407.00 5769-019-014 1.000 $380.52 $25 .70 $406.22 $407.00 5769-019-015 1.000 $380.52 $25 .70 $406.22 $407.00 5769-019-016 0.000 $0.00 $0. 00 $0.00 $0.00 5769-019-017 1.000 $380.52 $25 .70 $406.22 $407.00 5769-019-018 1.000 $380.52 $25 .70 $406.22 $407.00 5769-019-019 1.000 $380.52 $25 .70 $406.22 $407.00 5769-019-020 1.000 $380.52 $25 .70 $406.22 $407.00 5769-020-001 1.000 $380.52 $25 .70 $406.22 $407.00 5769-020-002 1.000 $380.52 $25 .70 $406.22 $407.00 5769-020-003 1.000 $380.52 $25 .70 $406.22 $407.00 5769-020-004 1.000 $380.52 $25 .70 $406.22 $407.00 5769-020-005 1.000 $380.52 $25 .70 $406.22 $407.00 5769-020-006 1.000 $380.52 $25 .70 $406.22 $407.00 5769-020-007 1.000 $380.52 $25 .70 $406.22 $407.00 5769-020-008 1.000 $380.52 $25 .70 5406.22 $407.00 5769-020-009 1.000 $380.52 $25 .70 $406.22 $407.00 5769-020-010 1.000 $380.52 $25 .70 $406.22 $407.00 5769-020-013 0.000 $0.00 $0. 00 $0.00 $0.00 5769-020-014 1.000 $380.52 $25 .70 $406.22 $407.00 5769-020-015 1.000 $380.52 $25 .70 $406.22 $407.00 5769-020-016 1.000 $380.52 $25 .70 $406.22 $407.00 5769-020-019 1.000 $380.52 $25 .70 $406.22 $407.00 5769-020-020 0.000 $0.00 $0. 00 $0.00 $0.00 5769-020-021 1.000 $380.52 $25 .70 $406.22 $407.00 5769-020-022 0.000 $0.00 $0. 00 $0.00 $0.00 5769-020-023 1.000 $380.52 $25 .70 $406.22 $407.00 Page 24 ~MuniFinancial City of Arcadia .Santa Anita Engineer'r Report Oakt Ligbling Dictntt Assessor Debt Service O & M Total Balloted Parcel Assessment Assessment Assessment Assessment Number EBU (F'I08/09) (FY08/09) (FY08/09) Amounts 5769-020-024 1.000 $380.52 $25.70 $406.22 $407.00 5769-020-025 1.000 $380.52 $25.70 $406.22 $407.00 5769-020-026 1.000 $380.52 $25.70 $406.22 $407.00 5769-021-001 1.000 $380.52 $25.70 $406.22 $407.00 5769-021-OD2 1.000 $380.52 $25.70 $406.22 $407.00 5769-021-003 1.000 $380.52 $25.70 $406.22 $407.00 5769-021-004 1.000 $380.52 $25.70 $406.22 $407.00 5769-021-005 1.000 $380.52 $25.70 $406.22 $407.00 5769-021-006 1.000 $380.52 $25.70 $406.22 $407.00 5769-021-007 1.000 $380.52 $25.70 $406.22 $407.00 5769-021-008 1.000 $380.52 $25.70 $406.22 $407.00 5769-021-009 1.000 $380.52 $25.70 $406.22 $407.00 5769.021-010 1.000 $380.52 $25.70 $406.22 $407.00 5769-021-011 1.000 $380.52 $25.70 $406.22 $407.00 5769-021-012 1.000 $380.52 $25.70 $406.22 $407.00 5769-021-013 1.000 $380.52 $25.70 $406.22 $407.00 5769-021-014 1.000 $380.52 $25.70 $406.22 $407.00 5769-022-001 1.000 $380.52 $25.70 $406.22 $407.00 5769-022-002 1.000 $380.52 $25.70 $406.22 $407.00 5769-022-003 0.000 $0.00 $0.00 $0.00 $0.00 5769-022-004 1.000 $380.52 $25.70 $406.22 $407.00 5769-022-005 0.000 $O.OD $0.00 $0.00 $0.00 5769-022-008 1.000 $380.52 $25.70 $406.22 $407.00 5769-022-011 0.000 $0.00 $0.00 $0.00 $0.00 5769-022-012 1.000 $380.52 $25.70 $406.22 $407.00 5769-022-013 1.000 $380.52 $25.70 $406.22 $407.00 5769-022-014 1.000 $380.52 $25.70 $406.22 $407.00 5769-022-015 1.000 $380.52 $25.70 $406.22 $407.00 5769-022-016 1.000 $380.52 $25.70 $406.22 $407.00 5769-022-017 1.000 $380.52 $25.70 $406.22 $407.00 5769-022-018 1.000 $380.52 $25.70 $406.22 $407.00 5769-022-019 1.000 $380.52 $25.70 $406.22 $407,00 5769-022-020 1.000 $380.52 $25.70 $406.22 $407.00 5769-023-001 1.000 $380.52 $25.70 $406.22 $407,00 5769-023-002 1.000 $380.52 $25.70 $406.22 $407.00 5769-023-003 1.000 $380.52 $25.70 $406.22 $407.00 5769-023-004 1.000 $380.52 $25.70 $406.22 $407.00 5769-023-005 1.000 $380.52 $25.70 $406.22 $407.00 5769-023-006 1.000 $380.52 $25.70 $406.22 $407.00 5769-023-007 1.000 $380.52 $25.70 $406.22 $407.00 5769-023-008 1.000 $380.52 $25.70 $406.22 $407.00 5769-023-009 1.000 $380.52 $25.70 $406.22 $407.00 5769-023-013 1.000 $380.52 $25.70 $406.22 $407.00 ~MuniRnancial Page 2' City afArcadia Engineer's Report Santa Anita Oaks Lsghting Distract Assessor Parcel Assessment Number EBil (FY08/09) (FY08/09) (FY08/09) Amounts 5769-024-001 1.000 $380. 52 $25. 70 $406.22 $407.00 5769-024-002 1.000 $380. 52 $25. 70 $406.22 $407.00 5769-024-003 1.000 $380. 52 $25. 70 $406.22 $407.00 5769-024-004 1.000 $380. 52 $25. 70 $406.22 $407.00 5769-024-005 1.000 $380. 52 $25. 70 $406.22 $407.00 5769-024-006 1.000 $380. 52 $25. 70 $406.22 $407.00 5769-024-007 1.000 $380. 52 $25. 70 $406.22 $407.00 5769-025-001 1.000 $380. 52 $25. 70 $406.22 $407.00 5769-025-002 1.000 $380. 52 $25. 70 $406.22 $407.00 5769-025-003 1.000 $380. 52 $25. 70 $406.22 $407.00 5769-025-004 1.000 $380. 52 $25. 70 $406.22 $407.00 5769-025-005 1.000 $380. 52 $25. 70 $406.22 $407.00 5769-025-012 1.000 $380. 52 $25. 70 $406.22 $407.00 5769-025-013 1.000 $380. 52 $25. 70 $406.22 $407.00 5769-025-014 1.000 $380. 52 $25. 70 $406.22 $407.00 5770-015-001 1.000 $380. 52 $25. 70 $406.22 $407.00 5770-015-002 1.000 $380. 52 $25. 70 $406.22 $407.00 5770-015-003 1.000 $380. 52 $25. 70 $406.22 $407.00 5770-015-004 1.000 $380. 52 $25. 70 $406.22 $407.00 5770-015-005 1.000 $380. 52 $25. 70 $406.22 $407.00 5770-015-006 1.000 $380. 52 $25. 70 $406.22 $407.00 5770-016-001 t.000 $380. 52 $25. 70 $406.22 $407.00 5770-016-002 1.000 $380. 52 $25. 70 $406.22 $407.00 5770-016-003 1.000 $380. 52 $25. 70 $406.22 $407.00 5770-016-004 1.000 $380. 52 $25. 70 $406.22 $407.00 5770-016-005 1.000 $380. 52 $25. 70. $406.22 $407.00 5770-016-006 1.000 $380. 52 $25 .70 $406.22 $407.00 5770-016-007 1.000 $380. 52 $25 .70 $406.22 $407.00 5770-016-008 1.000 $380. 52 $25 .70 $406.22 $407.00 5770-016-009 1.000 $380. 52 $25 .70 $406.22 $407.00 5770-016-010 1.000 $380. 52 $25 .70 $406.22 $407.00 5770-016-011 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-016-012 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-016-013 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-016-014 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-016-015 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-016-016 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-017-001 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-017-002 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-017-003 1.000 $380 .52 $25 .70 $406.22 $407,00 5770-017-004 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-017-DOS 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-017-006 1.000 $380 .52 $25 .70 $406.22 $407.00 Debt Service O&M Assessment Assessment Assessment Total Balloted Page 26 ~MuniFinancial C'81y' OfAYCalILa Engineer's Iiepart .Santa Anita Oaks Lighting Dirtrict Assessor Parcel Number EBU Debt Service Assessment (FY08/09) O & M Assessment (FP08/09) Total Assessment (FY08/09) Balloted Assessment Amounts 5770-017-007 1.000 $380.52 $25.70 $406.22 $407.00 5770-017-010 1.000 $380.52 $25.70 $406.22 $407.00 5770-017-011 1.000 $380.52 $25.70 $406.22 $407.00 5770-017-012 1.000 $380.52 $25.70 $406.22 $407.00 5770-017-013 1.000 $380.52 $25.70 $406.22 $407.00 5770-017-014 1.000 $380.52 $25.70 $406.22 $407.00 5770-017-016 1.000 $380.52 $25.70 $406.22 $407.00 5770-017-017 1.000 $380.52 $25.70 $406.22 $407.00 5770-020-001 1.000 $380.52 $25.70 $406.22 $407.00 5770-020-002 1.000 $380.52 $25.70 $406.22 $407.00 5770-020-003 1.000 $380.52 $25.70 $406.22 $407.00 5770-020-004 1.000 $380.52 $25.70 $406.22 $407.00 5770-020-005 1.000 $380.52 $25.70 $406.22 $407.00 5770-020-006 1.000 $380.52 $25.70 $406.22 $407.00 5770-020-007 1.000 $380.52 $25.70 $406.22 $407.00 5770-020-008 1.000 $380.52 $25.70 $406.22 $407.00 5770-021-001 1.000 $380.52 $25.70 $406.22 $407.00 5770-021-002 1.000 $380.52 $25.70 $406.22 $407.00 5770-021-003 1.000 $380.52 $25.70 $406.22 $407.00 5770-021-004 1.000 $380.52 $25.70 $406.22 $407.00 5770-021-005 1.000 $380.52 $25.70 $406.22 $407.00 5770-021-006 1.000 $380.52 $25.70 $406.22 $407.00 5770-021-007 1.000 $380.52 $25.70 $406.22 $407.00 5770-021-008 7.000 $380.52 $25.70 $406.22 $407.00 5770-021-OD9 1.000 $380.52 $25.70 $406.22 $407.00 5770-021-010 1.000 $380.52 $25.70 $406.22 $407.00 5770-022-001 1.000 $380.52 $25.70 $406.22 $407.00 5770-022-002 1.000 $380.52 $25.70 $406.22 $407.00 5770-022-003 1.000 $380.52 $25.70 $406.22 $407.00 5770-022-004 1.000 $380.52 $25.70 $406.22 $407.00 5770-022-005 1.000 $380.52 $25.70 $406.22 $407.00 5770-022-006 1.000 $380.52 $25.70 $406.22 $407.00 5770-022-007 1.000 $380.52 $25.70 $406.22 $407,00 5770-022-008 1.000 $380.52 $25.70 $406.22 $407.00 5770-022-009 1.000 $380.52 $25.70 $406.22 $407.00 5770-022-010 1.000 $380.52 $25.70 $406.22 $407.00 5770-022-01t 1.000 $380.52 $25.70 $406.22 $407.00 5770-022-012 1.000 $380.52 $25.70 $406.22 $407.00 5770-022-013 1.000 $380.52 $25.70 $406.22 $407.00 5770-022-014 1.000 $380.52 $25.70 $406.22 $407.00 5770-022-015 1.000 $380.52 $25.70 $406.22 $407.00 5770-022-016. 1.000 $380.52 $25.70 $406.22 $407.00 5770-022-017 1.000 $380.52 $25.70 $406.22 $407.00 ~MluniFinancial Pab a 27 City ofArcadia Engineer'r Report Santa Anita Oaks Lighting Dirtvict Assessor Debt Service O & M Total Balloted Parcel Assessment Assessment Assessment Assessment Number EBU (FY08/09) (FY08/09) (FY08/09) Amounts 5770-022-018 1.000 $380. 52 $25. 70 $406.22 $407.00 5770-022-019 1.000 $380. 52 $25. 70 $406.22 $407.00 5770-023-001 1.000 $380. 52 $25 .70 $406.22 $407.00 5770-023-002 1.000 $380. 52 $25 .70 $406.22 $407.00 5770-023-003 1.000 $380. 52 $25. 70 $406.22 $407.00 5770-023-004 1.000 $380. 52 $25. 70 $406.22 $407.00 5770-023-005 1.000 $380. 52 $25 .70 $406.22 $407.00 5770-023-006 1.000 $380. 52 $25 .70 $406.22 $407.00 5770-023-007 1.000 $380. 52 $25 .70 $406.22 $407.00 5770-023-008 1.000 $380. 52 $25 .70 $406.22 $407.00 5770-023-009 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-023-010 1.000 $380. 52 $25 .70 $406.22 $407.00 5770-023-011 1.000 $380. 52 $25 .70 $406.22 $407.00 5770-023-012 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-023-013 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-024-001 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-024-002 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-024-003 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-024-004 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-024-005 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-024-006 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-024-007 1,000 $380 .52 $25 .70 $406.22 $407.00 5770-024-008 1,000 $380 .52 $25 .70 $406.22 $407.00 5770-024-009 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-024-010 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-024-011 1.000 $380 .52 $25 .70 $406.22 $407.00 5770-024-012 1.000 $380 .52 $25 .70 $406.22 $407.00 TOTALS 206.000 $78,387.12 $5,294.20 $83,681.32 $83,842.00 ~MuniFinancial Page 28 RESOLUTION NO. 6625 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ORDERING THE FORMATION OF THE SANTA ANITA OAKS LIGHTING DISTRICT, AND ORDERING THE IMPROVEMENTS AND LEVY OF ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2008-09 WHEREAS, the City Council has by previous Resolutions declared its intention to form the Santa Anita Oaks Lighting District (hereafter referred to as "District") and to and special benefit assessments against parcels of land within said District commencing in fiscal year 2008-2009; pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act") to pay the costs and expenses of the construction and installation of new street lighting improvements, replacement of existing street light poles and for the ongoing maintenance, servicing and operation of street lighting improvements and appurtenant facilities related thereto; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within the District for the fiscal year commencing July 1, 2008 and ending June 30, 2009, to pay the costs and expenses of the construction and installation of new street lighting improvements, replacement of existing street light poles and for the ongoing maintenance, servicing and operation of street lighting improvements and appurtenant facilities related thereto that will provide special benefit to the properties within the District; and, WHEREAS, the City Council has previously conducted a property owner protest ballot proceeding for all District assessments, and said assessments are described in the approved Engineer's Report, and the assessments as described comply with all applicable provisions of the California State Constitution Article XIIID. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The preceding recitals are all true and correct. SECTION 2. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving or amending the Engineer's Report prepared in connection therewith; the levy and collection of assessments, and considered all oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners in accordance with the z requirements of the California State Constitution, Article XIIID have approved the assessments so presented. SECTION 3. Based upon its review (and amendments, as applicable) of the Engineer's Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: 3a). The land within District will receive special benefit by the construction and installation of new street lighting improvements, replacement of existing street light poles as well as the ongoing maintenance, servicing and operation of street lighting improvements and appurtenant facilities related thereto. 3b). The District includes all of the lands receiving such special benefit. 3c). The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2008 and ending June 30, 2009. 3 SECTION 4. The Report and assessment as presented to the City Council and on file in the City Clerk's Department are hereby confirmed as filed. SECTION 5. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the construction and installation of new street lighting improvements, replacement of existing street light poles as well as the ongoing maintenance, servicing and operation of street lighting improvements and appurtenant facilities related thereto that will provide special benefit to the properties within the District. SECTION 6. The County Auditor of Los Angeles County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. SECTION 7. The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the Santa Anita Oaks Lighting District, and such money shall be expended only for the maintenance, operation and servicing of the a improvements as described in Section 5. SECTION 8 The adoption of this Resolution constitutes the confirmation of the maximum assessment and inflationary formula applicable to the District and properties, therein and the assessment amounts to be levied within the District for in Fiscal Year 2008-2009 (commencing July 1, 2008 and ending June 30, 2009). SECTION 9 The City Clerk's Department shall certify the adoption of this Resolution and is hereby authorized and directed to cause the filing of the Fiscal Year 2008-2009 levy with the County Auditor upon adoption of this Resolution.. Passed approved and adopted this day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 5 Q W Q Q Q ~_ Z Q Q Z Q ATTACHMENT A ATTACHMENT ~ Santa Anita Oaks Proposed Budget 10-Year Payment Plan Debt Service O 8: M Total Direct Costs Average Principal Payment 55,000 - 55,000 Average Interest Payment 16.228 - 16,228 Streetlight Maintenance & Utilities 6.924 6.924 Subtotal Direct Costs $ 71,228 $ 6,924 $ 78,152 Indirect Costs Rehabilitation & Capital Improvements District Administration Reserve Collections Subtotal Incidental F~cpenses City Contribution for Maintenance - 670 670 7.160 556 7,716 - 266 266 $ 7,160 $ 1,491 $ 8,651 (3,121) $ (3,121) BALANCE TO LEW (Budgeted) Total Parcels Total Parcels Levied Total Equivalent Benefit Units Calculated Levy per Benefit Unit Proposed Maximum Levy per Benefit Unit (Procosed ae~as ro m ae~iaea~ Total Estimate Loan Repayment per EBU Total Maximum Loan Repayment per EBU $ 78,388 $ 5,294 $ 83,682 214 214 214 206 206 206 206.00 206.00 206.00 $ 380.52 $ 25.70 $ 406.22 $ 381.00 $ 26.00 $ 407.00 $ 3,805.20 $ 3,810.00 STAFF REPORT Public Works Services Department DATE: May 6, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager/Public Works Services Director Jason Kruckeberg, Development Services Director~~ Prepared by: Ken Herman, Associate Civil Engineer SUBJECT: SUMMARY This is an informational report to provide the City Council with an overview of the process of review and approval for installation of wireless telecommunications facilities and equipment such as cellular antennas, cellular towers, and utility cabinets on private property and the public right-of-way in the City of Arcadia. BACKGROUND The City does not have a Wireless Ordinance in the Zoning Code, but does require a Conditional Use Permit for wireless telecommunications facilities on private property and City-owned land. Wireless telecommunications facilities installed in the public right- of-way must apply for an Encroachment Permit. These processes include regulatory controls that are in compliance with the Federal and State regulations governing these types of facilities. A general description of the relevant law is provided below. In addition, Best Best & Krieger have provided legal advice in a separate memorandum. Telecommunications Act of 1996 The Telecommunications Act of 1996 was passed by Congress to promote competition and reduce regulation in order to secure lower prices and higher quality services for American telecommunications consumers. Specifically in relation to the installation of cell towers, local governments can regulate "the placement, construction, and Page 1 of 5 PROPERTY AND THE PUBLIC RIGHT-OF-WAY Mayor and City Council May 6, 2008 modification" of service facilities with limitations. The City may not "unreasonably discriminate among providers" or "prohibit or have the effect of prohibiting the provision of personal wireless services." Furthermore, when a communications service provider requests authorization to construct facilities, the City must act on the request "within a reasonable period of time" and must support any decision to deny a request with "substantial evidence contained in a written record." Any provider issued such a denial or adversely affected by a failure to respond to such a request may, within thirty days, commence an action in any court with jurisdiction. The Act also specifically prohibits the City from regulating the placement and construction of communications facilities, like antennas and towers, on the basis of the environmental effects of electromagnetic fields if the facilities meet Federal Communication Commission (FCC) standards for emissions. Aesthetic conditions are addressed in SB 1627. Senate Bill 1627 SB 1627 limits the amount of discretionary review that cities can impose on wireless telecommunications facilities but allows the City to create and enforce certain types of standards such as height, location, bulk, size, and aesthetics. Public Utilities Code Sections 7901f7901.1 Section 7901 of the California Public Utilities Code grants telephone corporations the right to install facilities along public rights-of-way. Telecommunications providers are permitted to install facilities in the public right-of-way without paying any franchise fees or license fees. However, the City can exercise reasonable control as to the time, place, and manner of this use of the right-of-way. The City can also regulate facilities in the right-of-way on grounds such as safety, preservation of vehicular and pedestrian lines of sight, and accessibility of streets and sidewalks. Installation of a Cell, Tower on City-owned Progertv or other Private Proaerty A Conditional Use Permit (CUP) is required for any freestanding wireless facility on City property and other private property. This includes cell towers, and facilities disguised as a tree or other camouflage. If panel antennas, dish antennas, and other building- mounted facilities are proposed, only a design review application is required. The CUP process allows for review of plans, notification of neighbors, and a public hearing where neighbors can voice their concerns. This process is also subject to the requirements of the California Environmental Quality Act (CEQA) which looks at potential impacts created by the construction of a facility. The project is checked against specific findings found in the Municipal Code and a detailed evaluation of the site and surrounding area is conducted. The Development Services Department (DSD) is responsible for processing CUPs, writing the staff report, mailing the notice, and giving a staff presentation at a Planning Commission hearing for each application to install a wireless Page 2 of 5 Mayor and City Council May 6, 2008 facility on City or private property. In the case of city-owned property such as a park, the Public Works Services Department (PWSD) is responsible for site location, coordination with the carrier, negotiating terms of a lease, and other logistics. The City's regulation does not extend to questioning the "need" for a facility. Each individual telecommunications provider determines the need for a specific facility in a certain geographic area based on customer base and usage levels, coverage pattern (based on radio frequency maps), and other internal criteria. The City does not require a provider to "prove" that a site is needed in a certain area. DSD and PWSD staff worked together to identify 17 viable sites within the City where antennas or cell towers could be installed on City-owned property. In return the City would receive monthly lease payments for the use of the property and, in some cases, additional benefits. Of these 17 locations 4 have been installed and are in operation, 1 has recently been approved by the Planning Commission, and 1 was denied by the Planning Commission (Exhibit A). If the Planning Commission denies a CUP for a cell tower to be installed on City-owned property, the telecommunication company may appeal this decision to the City Council. In addition, the carrier could potentially pursue installing the cell tower in the public right- of-way. Installation of a Cell Tower in the Public Right-of-Wav Telecommunication facilities and equipment in the public right-of-way are governed by a different set of rules in comparison to the CUP process. The public right-of-way is defined as the land reserved for the City and used far the general public. Municipalities have the right to exercise reasonable control as to the time, manner, and place in which the public right-of-way is accessed for the installation of telecommunication facilities and equipment. Legal Counsel for the City has advised staff that a contractor cannot be denied utility access to public right-of-way for aesthetic or public health reasons, but can exercise reasonable control over when work is performed, how the work will be accomplished, and the location of equipment so that the work and the final placement of the improvement does not interfere with other utilities' use of the right-of-way, path of travel for vehicles or pedestrians, and public safety. In order for a company to perform work in the public right-of-way, an Encroachment Permit must be obtained through the Public Works Services Department. An encroachment permit regulates how the construction affects the continued use of the right-of-way space in relation to the other uses of the space. This process is not subject to CEQA because it is considered a "ministerial" project under the Public Resources Code and not subject to discretionary review as outlined in the CUP process. Applications for encroachment in the public right-of-way are assessed by PWSD using the following course: Page 3 of 5 Mayor and City Council May 6, 2008 1. The proposed improvement is checked to make sure the work is entirely within the public right-of-way. Work outside the right-of-way requires permission of the property owner prior to the work taking place (and would require a CUP). 2. The improvement is reviewed according to its location and layout to make sure the improvement does not interfere with existing or planned installation of utilities, vehicular and pedestrian paths of travel and lines of sight, as well as accessibility of streets and sidewalks. 3. If the improvement is thought to have an aesthetic or otherwise negative impact an the surrounding envirohment, the project is referred to the City Engineer for review where recommendations may be made as to requiring conditions of landscaping or other amenities to be included in the project to soften the affect of the improvement. 4. The construction of structures or other improvements is checked to conform to applicable codes or standards. 5. The impact of the operational aspects of the improvement is assessed in terms of any externalities such as noise, or glare. PWSD may also require the contractor to notify residents in the surrounding neighborhood of the project and be available to address questions and concerns. 6. A work plan or traffic plan may be required to properly manage the hours within which work may be performed, the closure of streets or traffic lanes, the storage of materials, oi- the replacement, or protection of existing property. 7. The work schedule is checked against any moratoriums or limitations, such as Santa Anita f2ace Day restrictions. Once the permit has been issued, the fees paid, and the contractor's qualifications and insurance have been confirmed, the permit is forwarded to the. Public Works Inspector. During construction, the Inspector will verify that the contractor is providing for public safety, and protection of existing property and utilities; that the. plans, codes, and conditions pertaining to the work are carried out according to the permit, and that the work is completed to the satisfaction of the City Engineer and Public Works Services Director. FISCAL IMPACT When a cell tower is installed on City-owned property, the City enters a lease agreement subject to City Council approval with the carrier for the land the cell tower is placed on. Typical rent received from each cell tower amounts to $24,000 annually, which contributes directly to the General Fund. Currently, there are 4 operational cell towers (Camino Grove Park, Longley Water Facility, Rancho 6 Water Facility, and the Page 4 of 5 Mayor and City Council May 6, 2008 Community Center) and one that has recently been approved by the Planning Commission at Newcastle Park. On the other hand, the City cannot collect rent for cell towers installed in the public right-of-way, such as the cell tower installed on Lemon Street, as stated in the Public Utilities Code Sections 7901/7901.1. Approved: ~ ~~cst ~~,..,,-~~ Donald Penman, City Manager Attachments: Exhibit A: List of Possible CeII Site Facilities PM:J K: KH Page 5 of 5 EXHIBIT A Possible Cell Site Facilities Facility Name Facility Type Zoning Arcadia Community Center * City S-2 Public Works Services Department City M-1 Camino Grove Park * Park R-1 Eisenhower Memorial Park Park Unzoned Forest Avenue Park Park R-1 Newcastle Park ** Park R-1 Par-3 Golf Course Park Unzoned Tierra Verde Park Park R-1 Baldwin Reservoir *** Water Unzoned Canyon Road Plant Water Unzoned Live Oak Plant Water Unzoned Longley Well * Water R-1 Orange Grove Plant Water Unzoned Peck Well Water M-1 Rancho Well No. 6 * Water R-1 St. Joseph Plant Water CPD-1 Upper Canyon Reservoir Water Unzoned * Wireless Facility in Operation ** Wireless Facility in Construction *** Wireless Facility denied by Planning Commission ~._ ,~ ~ RESOLUTION NO. 6626 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING COMPENSATION AND RELATED BENEFITS FOR EXECUTIVE MANAGEMENT AND SAFETY MANAGEMENT EMPLOYEES AND APPROVING AN APPROPRIATION OF $54,500 FROM UNAPPROPRIATED FUND BALANCES FOR THE COSTS ASSOCIATED WITH THESE INCREASES IN FISCAL YEAR 2007/08 THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Effective January 1, 2008, the salary schedule for Safety Management employees shall be revised as specified in the attached Exhibit "A" to this Resolution. The revised schedule reflects the results of the City's compaction study for Safety Management and includes salary increases already authorized by the City Council in Resolution No. 6584. Effective January 1, 2008, July 1, 2008 and July 1, 2009, the salary schedule for Police Chief will be increased by 2.5%, 2.5% and 2.5% respectively. Effective January 1, 2008, July 1, 2008 and July 1, 2009, the salary schedule for Police Lieutenant and Police Captain will be increased by 5%, 5% and 2.5% respectively. Effective January 1, 2008 and July 1, 2009, the salary schedule for Fire Chief will be increased by 5% and 2.5% respectively. Effective January 1, 2008 and July 1, 2009, the salary schedule for ,, V Deputy Fire Chief and Fire Battalion Chief will be increased by 5% and 2.5% respectively. SECTION 2. Effective January 1, 2008, the amount provided at the beginning of the fiscal year to Police Captains and Police Lieutenants for the purchase of optional safety equipment will be increased from $350 to $750. For Fiscal Year 2007/08, this amount will be prorated accordingly. SECTION 3. The City Council hereby authorizes an appropriation of $54,500 from unappropriated fund balances for the items mentioned in Section 1 & 2 above for Fiscal Year 2007/08. SECTION 4. Effective July 1, 2008, Police Captains and Police Lieutenants will have the option of either cashing out 24 hours of Floating Holiday or taking the time off. SECTION 5. Effective July 1, 2008, the amount reported as Special Compensation to CALPERS for Uniform Allowance for the Fire Chief, Deputy Fire Chief and Fire Battalion Chiefs will be $150 per quarter. SECTION 6. Effective July 1, 2008, the maximum vacation accrual rate for Police Chief, Fire Chief and Deputy Fire Chief is 7.69 hours per pay period. SECTION 7. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 6cn day of May , 2008. 1Sl ROBERT C, HARBICHT Mayor of the City of Arcadia ATTEST: J City Clerk of the City of Arcadia APPROVED AS TO FORM: ~=, P ~~ City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6626 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 6th day of May, 2008 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Kovacic, Wuo and Harbicht NOES: None ABSENT: None City Clerk of the City of Arcadia ;. .~,,,. ' ~ - W QaZ ~ 0 LPL O N M JJJ W aZ N Q N°a~ i.fi aN ~ r Z U C C w ~F -- ~F~ ~ 0 ~ ~~ yyyyy ~ ~ i~ !~ O ff. 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V1 VJ EA 64 EA fA 69 69 fR 69 fA fA fA ffl r f/J ~ m ,~ c s ~ c U r c y c U •~ ~ o y .. ~ ~ LL ~ ~ m U N U ~ ~ U I- d LL ~ ~. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y N 0 M W 7 Ln t W 0 n 0 N o0 N 0 c0 O 0 N 0 M 0 7 0 M 0 (D 0 ~~ c E m ~ ~z i W Z ~ N O ~ O ~ M W Q ~ N 7 QO O ~ Q~ U °o ~ N a T OJ V ~~ .~ RESOLUTION NO. 6623 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST BALLOT PROCEEDINGS CONDUCTED FOR THE PROPOSED LEVY OF ASSESSMENTS RELATED TO THE SANTA ANITA OAKS LIGHTING DISTRICT COMMENCING IN FISCAL YEAR 2008-2009 WHEREAS, the City Council on behalf of the Santa Anita Oaks Lighting District (hereafter referred to as the "District") initiated proceedings and declared its intention to conduct a protest balloting for the levy of proposed new assessments within the proposed District commencing in Fiscal Year 2008-2009 for the special benefits received by properties therein from the improvements related thereto, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500; and WHEREAS, in accordance with the provisions of the California Constitution, Article XIIID, the City Council has caused and conducted a property owner protest ballot proceeding for the proposed new assessments to be levied on properties within the proposed District; and i WHEREAS, the assessments presented to each property owner of record within the proposed District reflect each property's benefit and proportional financial obligation for the costs and expenses of the construction and installation of new street lighting improvements, replacement of existing street light poles and the ongoing maintenance, servicing and operation of street lighting improvements and appurtenant facilities related thereto that will provide special ,benefit to the properties within the District. The ballots presented clearly identified the total amount alloted to all properties, the proposed assessment rates, the property's proportional annual amount commencing with Fiscal Year 2008-2009 and the inflationary adjustment applicable to future assessments; and WHEREAS, upon the close of the Public Hearing held on May 6, 2008 the protest ballots returned by the landowners of record within the proposed District, were opened and tabulated, the results of which are illustrated below: Yes: 21 No: izi z ;, ._:. . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The preceding recitals are all true and correct. SECTION 2. The protest proceedings were conducted with the notices and ballots of the proposed new assessments presented to the qualified property owners within the proposed District as required by law, with a required receipt of the returned ballots to the City Clerk prior to the close of the Public Hearing on May 6, 2008. SECTION 3. The canvass of the protest ballots cast for the proposed District and received prior to the close of the public hearing, weighted according to the proportional financial obligation of the affected properties is hereby approved and confirmed. SECTION 4. The City Clerlc is hereby directed to enter this Resolution on the minutes of this meeting, which shall constitute the official declaration of the result of such property owner protest ballot proceeding. SECTION 5. This Resolution shall become effective immediately upon its adoption. 3 SECTION 6. The City Cleric shall certify the adoption of this Resolution. Passed approved and adopted this 6th day of May , 2008. ~ISI R013ERT Ce HAR®ICHT Mayor of the City of Arcadia ATTEST: l~ J~ H. S City Clerk APPROVED AS TO FORM: City Attorney 4 ., , _~_~ . 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. 6623 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 6th day of May, 2008 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Kovacic, Wuo and Harbicht NOES: None ABSENT: None JA . PARR City Clerk of the City of Arcadia 5 --~ _ ~"~~ ~o, aoo ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ORDERING THE FORMATION OF THE SANTA ANITA OAKS LIGHTING DISTRICT, AND ORDERING THE IMPROVEMENTS AND LEVY OF ASSESSMENTS WITHIN SAID DISTRICT FOR FISCAL YEAR 2008-09 the City Council has by previous Resolutions declared its intention to ~ the Santa Anita Oaks Lighting District (hereafter referred to as "District") and~to levy and collect special benefit assessments against parcels of land within pursuant to the provisions 2 of Division 15 of the RESOLUTION NO. 6625 District connnencing in fiscal year 2008-2009; with Section 22500 (hereinafter and Lighting Act of 1972, Part bets and Highways Code, commencing ~to ass the "Act") to pay the costs and expenses of the construction -and insta~ of new street lighting improvements, replacement of existing street maintenance, servicing and operation of street li appurtenant facilities related thereto; and WHEREAS, the City Council desires to levy and and for the ongoing improvements and against parcels of land within the District for the fiscal year 1, 2008 and ending June 30, 2009, to pay the costs and related assessments July the construction and installation of new street lighting improvements, 'fir of existing street light poles and the ongoing maintenance, servicing and operation of street lighting improvements and appurtenant facilities related thereto that will provide special benefit to the properties within the District; and WHEREAS, the City Council has previously conducted a property owner protest ballot proceeding for all District assessments, and said assessments are described in the approved Engineer's Report, and the assessments as described comply with all applicable provisions of the California State Constitution Article XIIID. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The preceding recitals are all true and correct. SECTION 2. Following notice duly given, the City Council has held a full and fair Public Hearing regarding its Resolution approving or amending the Engineer's Report prepared in connection with the District, as well as the levy and collection of assessments, and the City Council has considered all oral and written statements, protests and communications made or filed by interested persons. The City Council has determined that the property owners z ~. ` . in accordance with the requirements of the California State Constitution, Article XIIID have approved the assessments so presented. SECTION 3. Based upon its review of the Engineer's Report (and amendments, as applicable), a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: 3a). The land within District will receive special benefit by the construction and installation of new street lighting improvements, replacement of existing street light poles as well as the ongoing maintenance, servicing and operation of street lighting improvements and appurtenant facilities related thereto. 3b). The District includes all of the lands receiving such special benefit. 3c). The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2008 and ending June 30, 2009. 3 SECTION 4. The Report and assessment as presented to the City Council and on file in the Ciry Clerk's Department are hereby confirmed as filed. SECTION 5. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the construction and installation of new street lighting improvements, replacement of existing street light poles and related incidental expenses, as well as the ongoing maintenance, servicing and operation of street lighting improvements and appurtenant facilities related thereto that will provide special benefit to the properties witlun the District. SECTION 6. The County Auditor of Los Angeles County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. SECTION 7. The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the Santa Anita Oaks Lighting District, and such money shall be expended only for the costs associated with the improvements and District as a ~. t,, described in the Engineer's Report as summarized and described in Section 5 of the Resolution. SECTION 8. The adoption of this Resolution constitutes the confirmation of the maximum assessment and inflationary formula applicable to the District and properties therein, and the assessment amounts to be levied within the District in Fiscal Year 2008-2009 (commencing July 1, 2008 and ending June 30, 2009). SECTION 9. The City Clerk shall certify the adoption of this Resolution and is hereby authorized and directed to cause the filing of the Fiscal Year 2008-2009 levy with the County Auditor upon adoption of this Resolution. Passed approved and adopted this day of 2008. ATTEST: City Clerk APPROVED A/S~TO\FORM:~ ('. ~C~ City Attorney Mayor of the City of Arcadia s 1 r1. t M°~ 6 ~ o2,oop RESOLUTION NO. 6624 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA CALIFORNIA, AMENDING AND/OR APPROVING THE ENGINEER'S REPORT FOR THE FORMATION AND ANNUAL LEVY OF NEW ASSESSMENTS CONNECTED THEREWITH FOR THE SANTA ANITA OAKS LIGHTING DISTRICT, COMI~4ENCING IN FISCAL YEAR 2008-2009 WHEREAS, ~e City,~C'quncil, pursuant to the provisions of Part 2 of Division 15 of the Califch~"~S,treets and Highways Code, did by previous Resolution order the Engineer~VluniF~ accordance with Article 4 of California Streets and Highways Code, to prepare and file a report in i/o~Part 2 of Division 15 of the with Section 22565, in WHEREAS, the Engineer has prepared and filed with t i~+ Clerk of the City of Arcadia and the City Clerk has presented to the City ~ until such connection with the formation and the lev o'P'assessments for the Santa Anita Oaks Lighting District (hereafter referred t as t}ae~istrict") for the fiscal year commencing July 1, 2008 and ending June 3 X009• nd, report entitled "City of Arcadia, Santa Anita Oaks Lighting Engineer's Formation Report, Fiscal Year 2008/2009" (hereafter referre~to as "Report"); and J l WHEREAS, the City Council has examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as , set forth therein, and finds that the expenses associated therewith and the resulting levy of assessments have been spread in accordance with the special benefits received from the improvements and services to be provided, as set forth in said Report; and WHEREAS, the City. Council called and duly held property owner protest ballot proceedings for the proposed new assessments related to the District in accordance with the provisions of the California Constitution Article XIIID, the results of which have been presented and confirmed by City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The preceding recitals are all true and correct. SECTION 2. Based on testimony given, the results of the property owner protest ballot proceedings and the documents and discussion presented, the City Council has directed and confirmed any necessary z ~T..~ modifications or amendments to the Engineer's Report previously presented and filed, and said modifications or amendments so reflected by the minutes of this meeting shall by reference be incorporated into the approved Engineer's Report. SECTION 3. The Engineer's Report as approved, consists of the following: 3a) Plans and specifications that describe the District and Improvements. 3b) Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements; and the calculations used to establish each parcel's proportional special benefit assessment commencing in fiscal year 2008/2009 including the establishment of: Assessment installments to repay the City loan and related expenses for the construction and installation of the street light improvements; and, > Annual assessments for the ongoing maintenance, servicing and operation of street lighting improvements that provide special benefits to the properties in the District; and, 3 i ~. and operation of street lighting improvements, thereby establishing the maximum assessment rate authorized each fiscal year. 3c) The Budget that outlines the costs and expenses associated with the City loan to the District and the estimated annual expenses to provide, maintain, and service the improvements, including incidental expenses authorized by the 1972 Act. 3d) An Assessment Diagram that identifies the boundaries of the District and associated lots, parcels and properties included therein. ' 3e) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District and the proportional assessments commencing Fiscal Year 2008/2009. SECTION 4 All new assessments incorporated in the Engineer's Report have been approved by the property owners of record pursuant to the provisions of the California Constitution Article XIIID. SECTION 5 The Engineer's Report as presented or amended is ordered to be filed in the City Clerk's Department as a permanent record and to remain open to public inspection. SECTION 6 The City Clerk shall certify to the adoption of this Resolution. 4 ~; Passed approved and adopted this day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: City Attorney