HomeMy WebLinkAboutSeptember 2, 2008o f
F o CITY OF ARCADIA DOD
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CITY COUNCIL /REDEVELOPMENT AGENCY
REGULAR MEETING
TUESDAY, SEPTEMBER 2, 2008
AGENDA
6:00 p.m.
Location: City Council Chamber Conference Room, 240 W. Huntington Drive
CALL TO ORDER
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
Robert Harbicht, Mayor /Agency Chair
John Wuo, Mayor Pro Tem /Agency Vice Chair
Peter Amundson, Council /Agency Member
Roger Chandler, Council /Agency Member
Gary Kovacic, Council /Agency Member
STUDY SESSION /CLOSED SESSION PUBLIC COMMENTS (5 minutes per person)
Any person wishing to address the City Council /Redevelopment Agency during the Public
Comments period is asked to complete a "Public Comments" card available in the Council
Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary
prior to the start of the Closed Session /Study Session.
In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All
comments are to be directed to the City Council /Redevelopment Agency and we ask that proper
decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment
Agency from discussing topics or issues unless they appear on the posted Agenda.
CLOSED SESSION
a. Pursuant to Government Code Section 54956.9(c) to confer with legal counsel
regarding potential litigation — one (1) case.
b. Pursuant to Government Code Section 54956.8 conference with real property
negotiators:
Property: Arcadia Par 3 Golf Course (620 E. Live Oak Avenue, Arcadia)
City Negotiators: City Manager and Assistant City Manager /Public Works
Services Director
Negotiating Parties: City of Arcadia and Kare Youth League (John Martin)
Under Negotiation: Price and Terms of Payment
STUDY SESSION
a. Report, discussion and direction regarding Holiday Decoration Proposal options.
Recommended Action: Provide direction
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. Huntington Drive, Arcadia, California, during normal business hours.
7:00 p.m., City Council Chamber
RECONVENE CITY COUNCIL /REDEVELOPMENT AGENCY MEETING TO OPEN SESSION
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
Tony Trabbie, Fire Chief
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
Amundson, Chandler, Kovacic, Wuo and Harbicht
REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON STUDY SESSION /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
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.
CITY COUNCIL ITEMS:
a. Consideration of Residential- Mountainous Development Permit Application
No. RM 08 -01 for an open and uncovered hillside deck at 383 Torrey Pines
Drive.
Recommended Action: Approve
PUBLIC COMMENTS (5 minutes per person)
Any person wishing to address the City Council /Redevelopment Agency during the Public
Comments period is asked to complete a "Public Comments" card available in the Council
Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary
prior to the start of the 7:00 p.m. Open Session.
In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All
comments are to be directed to the City Council /Redevelopment Agency and we ask that proper
decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment
Agency from discussing topics or issues unless they appear on the posted Agenda.
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. Huntington Drive, Arcadia, California, during normal business hours.
REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK
2. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and can be acted on
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.
CITY COUNCIL ITEMS:
a. Accept donations in the amount of $16,514 from the Arcadia Public Libra
Foundation for programs and equipment at the Library.
Recommended Action: Approve
b. Authorize the City Manager to execute a one (1) year contract extension with
Republic Electric, Inc. for Scheduled and Extraordinary Traffic Signal Repairs in
the amount of $105,000.
Recommended Action: Approve
C. Authorize the City Manager to execute a one (1) year contract extension with
CLS Landscape Management, Inc. for Landscape Maintenance at City Facilities
in the amount of $521,595.
Recommended Action: Approve
d. Authorize the City Manager to execute a one (1) year contract extension with
B &P Painting for Painting and Wood Refinishing Services at Various City
Facilities in the amount of $43,500.
Recommended Action: Approve
e. Award a Purchase Order to Ironman Parts & Services for the Installation of
Diesel Particulate Matter Filters into three (3) Diesel Engine Trucks in the City's
Fleet in the amount of $45,136.
Recommended Action: Approve
Award a Purchase Order to Road Rescue Inc. for the purchase of one (1)
Paramedic Rescue Ambulance for the Fire Department in the amount of
$192,046.32.
Recommended Action: Approve
g. Authorize the purchase of computer workstations and monitors from Dell
Computer Corporation in the amount of $65,181.62 and authorize a cooperative
purchase using the Western States Contracting Alliance bid contract.
Recommended Action: Approve
3. CITY MANAGER
a. Approve a Transit Service Program for Breeders Cup Events.
Recommended Action: Approve
b. Report, discussion and direction regarding verification of the employment
eligibility status of City employees and /or the employees of outside companies
the City uses for services.
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. Huntington Drive, Arcadia, California, during normal business hours.
Recommended Action: Provide direction
C. Consideration of Adoption of the following Resolutions related to the formation of
the Arcadia Citywide Lighting District 2009 -1:
Adopt Resolution No. 6641 initiating proceedings for the formation of the Arcadia
Citywide Lighting District 2009 -1; and levy and collection of assessments related
thereto commencing with Fiscal Year 2009 -2010.
Recommended Action: Adopt
Adopt Resolution No. 6642 preliminarily approving the Engineer's Report
regarding the formation of the Arcadia Citywide Lighting District 2009 -1; and the
levv and collection of assessments related thereto commencina with Fiscal Year
2009 -2010.
Recommended Action: Adopt
Adopt Resolution No. 6643 declaring its intention to form the Arcadia Citywide
Lighting District 2009 -1; and to conduct a property owner balloting on the matter
of new assessments related thereto commencing with Fiscal Year 2009 -2010.
Recommended Action: Adopt
d. Report, discussion and direction regarding Proposal by Kare Youth League to
purchase property at the Arcadia Par 3 Golf Course.
Recommended Action: Provide direction
ADJOURNMENT
The City Council /Redevelopment Agency will adjourn this meeting in memory of Mary McVey to
Tuesday September 16, 2008, 6:00 p.m. in the City Council Chamber Conference Room located
at 240 W. Huntington Drive, Arcadia.
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification
or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such
modification or accommodation from the City Clerk at (626) 574 -5455. Notification 48 hours prior to the meeting 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. Huntington Drive, Arcadia, California, during normal business hours.
STAFF REPORT
September 2, 2008
TO: Mayor and City Council
Development Services Department
FROM: Jason Kruckeberg, Development Services Director $ t /C
By: Jim Kasama, Community Development Administrator
SUBJECT: Consideration of Residential Mountainous Development Permit
Application No. RM 08 -01 and waiver of Condition Nos. 3.8 and 3.11
of Resolution No. 5274 for a hillside deck at 383 Torrey Pines Drive
Recommended action: Conditional approval
SUMMARY
This application was submitted by the property owner to legalize a deck that
extends out from the top of the slope at the rear of the residence at 383 Torrey
Pines Drive. An aerial photo of the subject property and photographs of the deck
are attached. Residential- Mountainous Development Permit applications are
subject to Planning Commission review, and by the City Council on appeal. This
case has not been appealed, but must be considered by the City Council because
it involves waivers of conditions of approval that were imposed by the City Council
in 1986 for the approval of the subdivision that created the subject property; Tract
No. 42936 and RM Permit No. 85 -01 for Phase Two of Whispering Pines Estates.
The City Council's conditions of approval are listed in Section 3 of the attached
Resolution No. 5274.
The Planning Commission considered the applicant's request at their August 12,
2008 meeting, and voted 4 — 0 with one Commissioner absent for a conditional
approval, and adopted Planning Commission Resolution No. 1775 to formalize the
action at their August 26, 2008 meeting.
It is staffs opinion that the deck can be retrofitted to satisfy current building and
safety codes, and that it can be retrofitted and maintained in a manner that will
satisfy the R -M development criteria and the City's Single - Family Architectural
Guidelines. The Development Services Department is recommending approval of
the applicant's request, subject to the conditions listed in this report.
BACKGROUND
Tract No. 42936 and Residential- Mountainous Development Permit Application
No. RM 85 -01 for Phase Two of Whispering Pines Estates were approved on
appeal by the City Council in January 1986. The conditions of approval are listed
in Section 3 of the attached Resolution No. 5274.
The subject property, 383 Torrey Pines Drive — Lot 10 of Tract No. 42936, is
improved with a two -story, 5,800 square -foot, single - family residence; a three -car
garage, and a swimming pool. These improvements were completed in 2004.
In early 2007, the City's Code Services issued a Notice of Violation citing eight (8)
items, including the illegally- constructed deck. The deck is the only remaining
violation, and on May 28, 2008, application no. RM 08 -01 was submitted to
request approval so that the property owner may keep the deck. After consulting
with Building Services and the Fire Prevention Bureau', the applicant had the
attached plans prepared to retrofit the deck so that it will comply with current
building and safety regulations.
Residential- Mountainous Development Permits are to be approved by the
Planning Commission. However, because RM 85 -01 was approved by the City
Council on appeal, and approval of the deck requires waivers of conditions of
approval that were imposed by the City Council as specified in Resolution No.
5274, this application, RM 08 -01 must be approved by the City Council.
The applicant is requesting to be allowed to keep and retrofit an open, uncovered
deck that was built without approvals or permits along the westerly edge of the
building pad at 383 Torrey Pines Drive — see the attached photographs of the
deck. The deck requires two waivers from the restrictions specified in City Council
Resolution No. 5274: 1) Because the underside of.the deck is required to be
enclosed to prevent the accumulation of flammable debris; and 2) because the
deck is not set back 20 feet from the top of the slope.
The applicant explained that she and her parents were unaware that the deck and
the other items were violations of the City's regulations. They have resolved all of
the violations, except for the deck, which is the one illegally- constructed structure
that the property owners wish to keep. The applicant has provided plans and
engineering reports to show that the deck can be made to comply with the
required Building and Safety Codes, and has stated that the existing landscaping,
which screens the deck, will be preserved both during and after the retrofitting of
the deck.
RM 08 -01
383 Torrey Pines Dr.
September 2, 2008
Page 2 of 7
Waiver No. 1 — Condition No. 3.8 of Resolution No. 5274
• That no stem wall construction shall be permitted.
In order to comply with the Fire Prevention Bureau's requirements, the underside
of the deck must be enclosed with at least lattice screening to prevent the
accumulation of flammable debris underneath the deck. This enclosure can be
considered a type of stem wall that is prohibited by Condition No. 3.8 of Resolution
No. 5274.
Condition No. 3.8 was imposed to preserve the appearance of the slopes by
preventing structures from being built on the slopes. Attached are Exhibits 'A', 'B'
and 'C', which are photographs taken by the applicant that show that the deck is
not visible from the properties to the west that are at lower elevations. The
applicant has stated that the existing landscaping will be maintained so that the
deck does not have a visual impact on the view of the hillside.
Waiver No. 2 — Condition No. 3.11 of Resolution No. 5274
• If the slope height is greater than 20 feet, then the setback from the top of the
slope shall be not less than 20 feet.
This condition was imposed to alleviate the visual impacts of the new development.
As can be seen in Exhibits 'B' and 'C', the 20 -foot setback does little to address the
views of the houses, but it does prevent accessory structures, such as fences and
patio covers, from altering the appearance of the top of the slope.
The applicant's deck extends almost 10 feet out from the top of the slope as
opposed to being set back 20 feet from the top of the slope. At its outer edge the
height of the deck and railing is about nine feet. The eight -foot tall light fixtures,
which can be seen in the photographs of the deck, are at the edge of the top of the
slope. The applicant's Exhibit 'C' shows that the deck and the light fixtures are not
visible from the properties to the west that are at lower elevations because of the
mature landscaping. And, staff has seen at nighttime, that it is difficult to discern
the patio lights from the lights of the houses and the other backyard lighting of the
Whispering Pines Estates. Additionally, if low- wattage bulbs are used, the patio
lighting could be even less noticeable.
It is staffs opinion that the deck and lighting have had a minimal visual impact
upon the hillside and the neighboring properties, and that they are not inconsistent
with the provisions of the R -M zoning.
Evaluation Criteria
Section 9250.5.9 of the R -M Zoning Regulations lists the following criteria for the
evaluation of RM Development Permit applications:
RM 08 -01
383 Torrey Pines Dr.
September 2, 2008
Page 3 of 7
A. The following criteria shall be considered in assessing the application for a
development permit:
1. Extent of grading required for the reasonable use of the property.
2. Visual impact of the proposed project.
3. Relationship of the proposed project to adjoining properties and /or
structures.
4. Adequacy of proposed landscaped areas, drainage facilities, erosion
control devices and other protective devices.
5. Adequacy of fire equipment access.
6. Extent of preservation of existing ridge and crestlines.
7. Extent of attempt to have roads follow existing contours.
8. Developability of sites.
B. An application shall be denied if, in the judgment of the City, based upon the
purpose of this Division, the proposed work or design of the lots and streets in
the development would:
1. Cause excessive or unnecessary scarring of the natural terrain and
landscape through grading or removal of vegetation; or
2. Cause unnecessary alteration of a ridge or crestline; or
3. Unnecessarily affect the view from neighboring sites; or
4. Would adversely affect existing development or retard future development
in this zone; or
5. Be inconsistent with the provisions of this Division.
C. In granting a development permit, the City may impose conditions which may
be reasonably necessary to prevent danger to public or private property or to
prevent the operation from being conducted in a manner likely to create a
nuisance. No person shall violate any conditions so- imposed in said permit by
the City of Arcadia. Such conditions may include, but not be limited to any of
the aforementioned requirements of this Division. The City Engineer or a
designated alternate may issue a permit for any emergency hillside work that
may be necessary to prevent danger to public or private property.
Architectural Design Review
The Whispering Pines Estates conducts architectural design review through its
homeowners' association, and the applicant has been in contact with them about
RM 08 -01
383 Torrey Pines Dr.
September 2, 2008
Page 4 of 7
the deck. However, Whispering Pines Estates is not an association that is
designated by the City for architectural design review purposes. Therefore,
concurrent with the consideration of this Residential- Mountainous Development
Permit application, an Architectural Design Review is to be approved, conditionally
approved, or disapproved for the deck and lights.
The only architectural change proposed for the deck is the addition of the redwood
lattice to enclose the underside of the deck. This material is to be consistent with
the structural material of the deck, and if the landscaping is maintained, will not be
visible. Staffs opinion is that the deck and lights with the existing landscaping are
visually harmonious with the surrounding developments, and that they are
consistent with the City's Architectural Design Review Guidelines.
Code Requirements
The deck and lights are subject to permits and inspections and are required to be
in compliance with all applicable Code requirements and policies as determined to
be necessary by the Building Official, Fire Marshall, City Engineer, Community
Development Administrator, and Public Works Services Director. Compliance
requirements are to be determined by having fully detailed construction plans
submitted for plan check review and approval.
This application was submitted to resolve violations of the Arcadia Municipal Code,
including building and safety codes. As such, regardless of whether, or not this
application is approved, compliance must be achieved in a timely manner. If the
application is approved, plan check should be initiated immediately with permits to
be obtained and the retrofitting work to be done within 30 days. If the application
is denied, removal of the deck and lights is to begin immediately.
PLANNING COMMISSION ACTION
At its August 12, 2008 regular meeting, the Planning Commission held a public
hearing for Residential- Mountainous Development Permit Application No. 08 -01,
and voted 4 — 0 with one Commissioner absent to conditionally approve the
applicant's request, and adopted Planning Commission Resolution No. 1775 to
formalize the action at their August 26, 2008 meeting.
ENVIRONMENTAL ANALYSIS
The proposed project is categorically exempt from the requirements of the
California Environmental Quality Act. The project involves the construction and
location of small accessory structures. This meets the requirements for a Class
3(e) exemption under Section 15303 of the CEQA Guidelines.
RM 08 -01
383 Torrey Pines Dr.
September 2, 2008
Page 5 of 7
RECOMMENDATION
The Development Services Department recommends approval of Residential -
Mountainous Development Permit No. RM 08 -01 and its Architectural Design
Review, subject to the following conditions:
1. The deck shall be retrofitted within 30 days and maintained along with the
existing landscaping in a manner that is consistent with the plans and
materials submitted and approved by application no. RM 08 -01 to the
satisfaction of the Building Official, Fire Marshall and Community Development
Administrator.
2. The brightness of the light fixtures along the edge of the top of the slope shall
not exceed the minimum determined to be necessary for safety purposes by
the Building Official.
3. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officers, employees or agents to
attack, set aside, void, or annul any approval or condition of approval of the
City of Arcadia concerning this project and /or land use decision, including but
not limited to any approval or condition of approval of the City Council,
Planning Commission, or City Staff, which action is brought within the time
period provided for in Government Code Section. 66499.37 or other provision
of law applicable to this project or decision. The City shall promptly notify the
applicant of any claim, action, or proceeding concerning the project and /or
land use decision and the City shall cooperate fully in the defense of the
matter. The City reserves the right, at its own option, to choose its own
attorney to represent the City, its officers, employees, and agents in the
defense of the matter.
4. The approval of application no. RM 08 -01 shall not take effect until the owner
and applicant have executed the Acceptance Form available from Planning
Services to indicate awareness and acceptance of the conditions of approval.
CITY COUNCIL ACTION
Approval
If the City Council intends to approve Residential- Mountainous Development
Permit No. RM 08 -01 and its Architectural Design Review for the deck and lights,
the Council should move to approve the applicant's request, accept staffs
determination of a Categorical Exemption and direct staff to prepare a resolution
for adoption at the next meeting that incorporates the Council's decision, the
categorical exemption, the conditions of approval, and a finding that the deck and
light fixtures are consistent with the provisions of the R -M Zone.
RM 08 -01
383 Torrey Pines Dr.
September 2, 2008
Page 6 of 7
Denial
If the City Council intends to deny Residential- Mountainous Development Permit
No. RM 08 -01 and its Architectural Design Review for the deck and lights, the
Council should move to deny the applicant's request, and direct staff to prepare a
resolution for adoption at the next meeting that incorporates the Council's
decision, and a finding that the deck and light fixtures are not consistent with the
provisions of the R -M Zone.
Approved:
Don Penman; Cityflanager
Attachments: Aerial Photo of Subject Property
Photos of Deck and Lights
City Council Resolution No. 5274
Planning Commission Resolution No. 1775
Plans for Retrofitting the Deck
Exhibits 'A', 'B' & 'C' Showing that Deck is Not Visible
CEQA Document: Preliminary Exemption Assessment
RM 08 -01
383 Torrey Pines Dr.
September 2, 2008
Page 7 of 7
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RESOLUTION NO. 5274
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
23LLOTRSUBDIVISIONIIN THE ER OMM�ESIDENTIALRMOUNTAINOUSR A 185 FO
SINGLE - FAMILY ZONE, NORTH OF THE WHISPERING PINES ESTATES
DEVELOPMENT, FINDINGS AND STATEMENT OF OVERRIDING
CONSIDERATIONS
WHEREAS, on January 7, 1986, the City Council heard the appeal
filed by Nick Pokrajac, H. Randall Stoke and persons representing 15
properties in the area, concerning Development Permit 85 -1 for a 23
lot subdivision in the R -M Residential Mountainous Single - Family Zone
located north of the Whispering Pines Estates Development, and
WHEREAS, on March 21, 1984, a duly noticed public hearing was
conducted by the City Council on the Draft EIR for this proposed
project, at which time all interested parties were given full
Opportunity to be heard, and
WHEREAS, on May 1st, 1984, the City Council ceitified, found and
determined that the Final EIR containing all written and verbal
comments, recommendations and responses thereto received on the Draft
EIR, had been completed in compliance with CEQA and the City .of
Arcadia regulations implementing CEQA, and
WHEREAS, the following criteria were assessed in consideration of
R.M. Permit 85 -1:
I. Extent of grading require'd for the reasonable use of the
property.
2. Visual impact of the proposed project.
3. Relationship of the proposed project to adjoining properties
and /or structures.
4. Adequacy of proposed landscaped areas, drainage facilities,
erosion control devices and other protective devices.
5. Adequacy of fire equipment access.
6. Extent of preservation of existing ridge in crestlines.
7. Extent of attempt to have roads following existing contours.
8. Developability of sites.
WHEREAS, the City Council considered the previous proceedings of
the Planning Commission, exhibits and written material presented for
the hearing of January 7, 1986 including City staff reports and
testimony of witnesses all of which constitute the record of the
hearing, and
WHEREAS, after deliberation the City Council voted 3 -2 to deny
the appeal and approve R.M. Permit 85 -1 and directed preparation of
this resolution to formally reflect their decision and findings, and
WHEREAS, on January 13, 1986, the City Council voted 4 -1 to amend
the motion previously adopted at the January 7, 1986 meeting by
deleting the condition that Lot's 8, 10, 11 and 12 be restricted to
single -story homes with a maximum height of 20 feet and
WHEREAS, Arcadia Municipal Code Section 9250.5.12 requires a
resolution to formalize the decision of the City Council to approve
the proposed use set forth in R.M. Permit application 85 -1 subject to
compliance with conditions set forth in this resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Findings regarding R.M. Permit 85 -1, modifications,
and statement of overriding consideration.
-2- 5274
I . The use applied for at the location indicated is properly one
for which a Development Permit is authorized.
2. The granting of such Development Permit will not adversely
affect the General Plan.
3. The Environmental Impact Report notes that the design of the
subdivision does not conform to the requirements of the hillside
development ordinance in that the grade and length of the driveway to
Lots 12 through 14 exceed that allowed by code.
Mitigation Measures: The 20' wide road serving lots 12
through 14 will be required to provide a turn - around area for
emergency vehicles and be capable of supporting the imposed loads of
fire apparatus without damage. Also all buildings on Lots 12 and 13
will be required to provide additional fire protection, i.e., fire
sprinkler and alarm systems due to their location and distance from
the termination of street "C ". This 20' wide road will have a maximum
15% grade. The Fire Department has noted in their September 30, 1985
memo that the "15% grade is acceptable and can be negotiated by
emergency vehicles ".
4. The Environmental Impact Report identified that the grading
and construction of 22 single - family homes on the ridgeline and
construction of a water reservoir on Lot 14 will be visible for miles.
Mitigation Measures: The applicant has indicated that
landscaping will be an integral part of the subdivision and the
following conditions have been required to mitigate this impact: (1)
that all graded slopes must be planted with fast - maturing species as
soon as possible after grading is completed, (2) that all slope
-3-
5274
planting must include evergreens to mask the grading year- round, (3)
that a minimum 24" box trees be planted around the perimeter of the
water tank to screen the tank from view, (4) that the water tank shall
be painted in earth -tone colors or camouflaged patterns, (5) that no
stem wall construction will be permitted; (6) night - lighting shall be
of low- intensity and directed down and away from adjacent properties;
(7) that if the slope height is greater than 20 feet then the setback
from the top of the slope shall be not less than 20 feet.
Overriding Statements: The EIR indicates that homes further
down the hill and across the Santa Anita Wash will have a clear view
of the proposed development and conversely will be clearly visible
from the subdivision, however, "in this case, distance mitigates the
privacy impacts." One of the overriding considerations relating to
the visual impact of the project is that the development of this
project will result in decreasing the potential for hillside fires and
will result in additional revenues to the City both through property
taxes and indirect taxes. The Council realizes that the concern
regarding visual impact is highly subjective, but based upon the
evidence and testimony presented, the Council finds that this project
will be consistent with the aesthetic character of the community and
that with the landscaping proposed, as evidenced in the adjacent
development, this project would be an asset to the community.
5. The Environmental Impact Report notes that there will be
removal of native vegetation from 70 percent of the site and the
subsequent introduction of non - native species as well as the
-4- 5274
destruction of animal habitats and displacement of some animals as a
result of grading and construction.
Mitigation Measures: As conditions of approval the developer
will be required to plant all graded slopes with fast - maturing species
as soon as possible after grading is completed; and will be required
to plant all slopes with evergreens.
6. The EIR notes that the grade of the streets and driveways
exceeds the maximum 6 percent set in the hillside development
ordinance and that access to the proposed subdivision is limited to a
single private street and exceeds the length allowed in the R -M zone.
Street "C" has horizontal curves with a centerline radius of less than
200 feet.
Mitigation Measures: The site abuts streets adequate in
width and pavement type to carry the kind of traffic generated by the
Proposed development. Although the total length of the cul -de -sac
exceeds the maximum length allowed by code, there will be only 46
residential lots within the private development. The Environmental
Impact Report (EIR) notes that the subdivision will add 220 additional
trips to the existing traffic (23 trips at the peak hour). The EIR
states that "none of the streets in the area are expected to exceed
design capacity as a result of approval of this Tentative Map ". The
EIR further states that "the environmental capacity of an access
street normally is considered to be 1,500 to 2,500 vehicles per day.
The increase in average daily traffic on Sycamore Avenue just west of
the intersection with Oakglen from 800 trips (no project) to 1,020
trips with the project would mean a post - project flow of 51 percent of
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the acceptable environmental capacity as opposed to the current 40
percent. This is not a significant impact." A 20',wide paved access
road will be provided for emergency purposes.
The streets in the existing development to the south are 10%
with transition areas of 157. The applicant is proposing street
grades of 10% for Streets "A ", "B" and "C" and the extension of
Whispering Pines Drive. The 20 foot wide roadway to serve lots 12
through 14 will have a 15% grade. The 20 foot wide secondary access
road will also have a 15% grade. The Fire Department indicated in
their memo dated September 30, 1985, that the "15% grade is acceptable
and can be negotiated by emergency vehicles. However, this is the,
maximum grade that should be permitted. This grade can be compared to
the access road to Wilderness Park, which is frequently used by fire
Pumpers without difficulty ". The Fire Chief noted in public testimony
that there are no fire regulations governing cul -de -sac street lengths
and that the Fire Department does not have any problem with the length
Of the cul -de -sac although a secondary access is always desirable for
emergency purposes.
The centerline radius Street "C" is considered acceptable because
the street serves eleven lots which generate a minimum amount of'
traffic. The Fire Department had no concerns regarding this radius.
7. The Environmental Impact Report states that the water supply
and pressure is not available for domestic use and fire suppression.
Mitigation Measures.: The applicant is proposing to construct
a reservoir on Lot 14. This reservoir will have a minimum capacity of
310,000 gallons to provide for both fire protection and domestic
-6- 5274
requirements. A booster station will be used to pump water from the
existing water system to the new reservoir. Private booster pumps
will be required on some of the lots to bring water pressure up to
acceptable levels for domestic use.
8. The EIR notes that in regards to Fire Protection, the site is
located in a fire hazard zone and access to the site is limited to a
single private street; that access to Lots 12 and 13 is limited to a
narrow driveway with no turn - around and the maximum grade on the
driveway to Lots 12 and 13 and the Water Reservoir exceeds the 10
percent required by City Codes.
Mitigation Measures; The site is currently a fire hazard
area because the existing coastal sage scrub is subject to brush
fires. A 200 foot green belt will be required around and adjacent to
all structures to provide an effective firebreak. The Fire
Department's evaluation of this project was not based on the secondary
emergency access as proposed because it probably would not be
available when needed. The paved roadway does not extend to a public
right of way and is not considered acceptable vehicle access. The
Department notes, however, that there is value in maintaining the
access roadway as proposed in order to allow residents a second way
out of the area should an evacuation be necessary. The Fire
Department also recommends that an emergency access be provided either
at the northeast portion of the subdivision through the property
located in Monrovia and /or at the southwest corner of the subdivision
through the Flood Control District's property.
-7- 5274
The following conditions of approval will be required: ( 1 )
driveways in excess of 150 feet in length shall be 20 feet wide with
adequate turning radius capable of 'supporting the imposed loads of
fire apparatus without damage. Said driveways shall have 13' -6"
vertical clearance and shall be provided with provisions for turning
around fire apparatus. A hammer head is an acceptable alternative;
(2) development of Pads 12 and 13 will be contingent on meeting the
required fire flow and all buildings constructed on Pads 12 and 13
will be required to provide additional fire protection, i.e., fire
sprinkler and alarm systems due to their location and distance from
the termination of Street "C" as designated on the Tentative Map
42936.
9. The Environmental Impact Report notes that the proposed
project involves moving 400,000 cubic yards of earth to create 22
building lots and that cut and fill slopes will be highly visible and
subject to erosion. Also, the proposed project is located within one -
half mile of the Raymond HIll earthquake fault and would be subject to
several earth shaking in the event of a major earthquake. Also, cut
and fill slopes will be at a ratio of 1.5:1 rather than the 2:1 slopes
as recommended in the Uniform Building Code.
Mitigation Measures: Appendix, 70 of the Uniform Building
Code allows cut and fill slopes of 2:1 unless otherwise recommended in
the approved soil engineering and /or engineering geology report.
Based upon laboratory tests and stability analysis completed by
Leighton & Associates and Converse Consultants the 1.5:1 cut slopes
and 1.5:1 fill slopes up to 200 feet would be acceptable conditioned
-8-
5274
upon continuous inspection of cut and fill construction and compaction
tests of fill areas. All slopes will be planted with fast - maturing
landscaping as soon as possible after grading is completed. A
licensed geologist will monitor all grading activity as it occurs to
ensure the stability of all cut and fill slopes. All grading will be
balanced on the site; there will be no export or import of dirt.
Conditions of approval require that grading operations shall
be limited to the.dry season and shall comply with the Arcadia
Municipal Code.
10. The EIR notes that construction will introduce impermeable
surfaces and thereby increase runoff.
Mitigation Measures: Conditions of approval require that
hydrology calculations that cover the entire area of the proposed
development must be submitted with preliminary street and grading
plans to the Public Works Department for its approval. The storm -
drain system will channel runoff from the site directly into the Santa
Anita Wash, requiring approval 'by the Los Angeles County Flood Control
District.
11. The Environmental Impact Report identified short -term noise
impact from construction; however, this will be mitigated by the
restricted working hours which are 7 a.m. to 5 p.m. Monday through
Saturday.
12. The City Council of the City of Arcadia finds and declares
that approval of R.M. Permit 85 -1 with the mitigating factors and
conditions set forth in this Resolution is consistent with the health,
safety and general welfare of the City as related to the hillside and
-9- 5274
valley areas of the City of Arcadia. It is further determined that
the application for R.M. Permit 85 -1 should not be denied in terms of
the purpose of R.M. Zone requirements and specific grounds for denial
set forth in Section 9250.5.9(b) of the Arcadia Municipal Code.
Section 2. Findings regarding project alternatives:
1. "No project" would result in: (1) the preservation of the
area's rural character which is enhanced by the project site's open
space; (2) the retention of the site's undisturbed ridges and canyon
for consideration for other development plans or for a non - residential
use, i.e., park area; and (3) retention of the site's flora and fauna
and the concommitant impacts of preservation of these resources. The
disadvantages of the "no project" alternative are: (1) the area would
remain a high fire risk; the proposed project will provide landscaped
areas that can, to a limited extent, provide fire - retardant plant
materials in an area susceptible to hillside brush fires; (2)
continuation of existing storm drainage patterns with associated
mudflow and landslide hazards for homes in the first phase of
Whispering Pines. The proposed project would channel this runoff
directly into the Santa Anita Wash and Flood Control Channel; (3) the
city will not realize additional property tax revenues; and (4) the
property owner will not realize a reasonable use of the property.
2. The "Higher Density Single - Family Cluster Development"
alternative could result in: (1) less grading with associated
nuisances than the proposed plan; (2) more property tax revenue for
the City; and (3) more affordable housing on a prime hillside site.
The possible disadvantages to this alternative are: (1) higher
-10- 5274
density development in an area of estate lots; (2) increased traffic
on Whispering Pines Drive, Oakhaven Road and Sycamore Avenue; (3)
increase consumption of water and generation of sewage in the area;
and (4) increased construction resulting in increased noise, air
Pollution and traffic nuisance.
3. The "Fewer Estate Lots" (19 lots) alternative could result
in: (1) less grading with associated problems than the current plan
necessitates; (2) elimination of the steep, narrow, four - hundred foot
long private drive as access to the two northernmost parcels; (3)
reduced demand for services of all types because of the reduced number
of dwelling units. The disadvantages of this alternative are: (1)
more of the site would remain as open space subject to brush fire
hazards; (2) reduced property tax revenues to the City; (3) it would
not resolve the problem of providing secondary, emergency access; and
(4) combining some of the lots as noted as part of this alternative
would not significantly change the design of the subdivision.
Nineteen lots would not make a''Significant difference in terms of
vehicle -trips per day (190 as compared to 220); water use (20,000 as
compared to 23,300) and sewage (4,135 as compared to 4,785 gallons per
day).
Section 3. Conditions to R.M. Permit 85 -1
1. That the applicant shall submit a landscape and irrigation
plan to be reviewed and approved by the City.
a. That all graded slopes must be planted with fast - maturing
species as soon as possible after grading is completed.
-11- 5274
b. All slope planting must include evergreens to mask the
grading year — round.
c. Pinus canariensis or equivalent shall be planted around the
perimeter of the water tank.
2. That slope easements be provided for all earth work proposed
on property not contained within the proposed tentative tract map.
Said slope easement will be subject to the review and a,pproval of the
City Attorney.
3. That a field geologic exploration program shall be performed
in conjunction with a soil engineering field exploration program as
recommended in Converse Consultant's preliminary geologic report.
That, if based upon the field geologic exploration program, the 1.5:1
slopes are appropriate for this area, a modification is granted for
the 1.5:1 cut and fill slopes.
4. That if an agreement is worked out between the applicant and
the adjacent easterly property owner, that the easterly slope shall be
gradually graded or daylighted'subject to the written approval of the
Public Works Department and Planning Department.
5. That if an agreement is worked out with the adjacent property
owner to relocate the reservoir in the City of Monrovia, that all
necessary easements are obtained per the requirements of the Water
Manager and that said site is deeded to the City of Arcadia. Said
location of the reservoir shall also be subject to the written
approval of the City of Monrovia.
6. All lots shall comply with the minimum lot area requirement
of 15,000 square feet.
—12-
5274
7. That the water tank shall be painted in earth -tone colors or
camouflaged patterns.
8. That no stem wall construction shall be permitted.
9. That night - lighting shall be of low- intensity and directed
down and away from adjacent properties.
10. On Lots 5, 9, 19, and 23 the front of the lots shall be
deemed to be that side of the lot which is at street grade.
11. If the slope height is greater than 20 feet then the setback
from the top of the slope shall be not less than 20'.
12. The preparation and recordation of a tract map shall be in
accordance with the requirements of the State Subdivision Map Act.
The map shall be submitted to the County Engineer for checking, and
after checking, the County Engineer's letter recommending approval and
the map shall be submitted to the City Engineer for map certification.
13. Submit a grading and drainage plan prepared by a registered
civil engineer subject to the approval of the Director of Public
Works. This work shall include plans and procedures for drainage and
erosion control during the course of construction.
14. Provide all necessary easements and install all utilities
underground.
15. Install all standard street improvements including City
standard concrete sidewalk adjacent to curb and ramps for the
handicapped in accordance with plans to be approved by the City
Engineer.
16. P.C.C. driveway aprons shall be constructed concurrently with
curb and gutter construction. Driveways to each pad shall be provided
-13- 5274
and paved with asphalt from the back of driveway apron to the pad fo.
erosion control.
17. The minimum street centerline radius shall be based upon a 25
mph vehicular speed. Street driveway grades shall not exceed 15 %.
18. Remove all trees and structures within the street right -of-
way and all buildings within the tract boundary.
19. Arrange with Edison Company to install street lights with
underground circuits. Location and number of lights will be subject
to the approval of the City Engineer.
20. Hydrology calculations that cover the entire area of the
proposed development (and tributary areas) shall be submitted with
preliminary street and grading plans. These calculations should show
existing street capacities, proposed street capacities, catch basins
and connector pipes where required, total Q from areas, how they are
split by proposed development and all based on L.A. County Flood
Control data. All storm waters developed within the proposed
development shall be intercepted and conveyed to the Santa Anita Wash
by properly designed storm drain system. Since the proposed storm
drain for the project flows onto L.A. County Flood Control District
property, the design of the drain must be approved by the District.
21. The developer will be required to submit verifications to the
City of his rights to grade outside the limit of the proposed
subdivision.
22. Grading operations shall be limited to the dry season and
shall comply with the Arcadia Municipal Code including but not limited
to the following:
-14- 5274
a. Prior to approval of grading plans, soil recommendations,
engineering, and testing shall be made by a soil engineering firm
agreeable to both the City and the 'developer; a geologist report will
also be required.
b. Drainage benches, erosion control, slope planting and an
irrigation system shall be required. Locations of benches and slope
planting to be determined after review of soils investigation report.
c. All cuts and fills adjacent to developed properties shall be
subject to review. Excessive cuts and fills that may be detrimental
to said properties will not be allowed.
d. Continuous inspection of cut and fill construction shall be
required and compaction tests of fill areas will be made on a
continuing basis by a firm acceptable to the City at the expense of
the developer. All unforeseen conditions shall be resolved to the
satisfaction of the soils engineer and the City.
23. In addition, the following items need to be resolved to the
satisfaction of the Public Works Department.
a. Location of any structure or tree with a 6" diameter or
larger.
b. Pad elevation of Lot 20.
c. Drainage of the water on Lot 13.
d. Letter granting the use of LACFCD land for the access road.
e. Width, slope, horizontal radius and where the access road
leads.
—15— 5274
24. The developer shall pay the following fees and deposits:
Street sign installation (2 @ $125) $ 250.00
Street trees (92 @ $40) 3,680.00
Final Approval Fee (23 @ $25) 575.00
Map Fee 10.00
$4,515.00
25. The developer shall post a bond for the required improvements
in an amount and form satisfactory to the City prior to the issuance
of a grading permit.
26. That the City Council authorizes the Director of Public Works
to approve and execute the subdivision agreement for this tract.
27. The reservoir shall have a minimum capacity of 310,000
gallons to provide for both fire protection and domestic requirements.
Based on a pad elevation of 940 feet, the reservoir shall be 40' in
diameter by 36' high, with a design water level of not less than 970
feet elevation.
28. Provision must be made to the satisfaction of the Water
Manager to take the reservoir out of service for cleaning and repair
either by having two separate smaller reservoirs or by a dividing wall
separating one reservoir into two parts.
29. The reservoir lot (Lot 14) shall be deeded to the City.
30. The developer shall provide underground power and telephone
service so that the reservoir and booster station can be integrated
into the City central telemetry system for remote control. Also the
developer shall make the necessary modifications and additions to the
central telemetry system to operate the reservoir and booster station
by remote control.
-16- 5274
31. The developer shall provide a booster station, located at
approximately the south tract boundary to pump water from the existing
water system to the new reservoir. The booster station shall have one
200 GPM, 10 horsepower and one 100 GPM, 5 horsepower pump. The
station shall be designed to blend with the surrounding properties and
not be objectionable as far as noise and appearance.
32. The developer shall provide the booster station with
underground power and telephone service which shall be integrated into
the City central telemetry system for remote control.
33. Developer shall provide an easement for the booster station
if necessary.
34. The developer shall install private booster pumps to provide
the minimum design pressure of 40 PSI to all the proposed lots. These
private, individual booster pumps (hydro - pneumatic systems) will be
required for lots 10, 11, 12, 13, 15, 16, and 17.
35.,Individual booster pumps shall be installed by the developer.
The ongoing power and maintenance costs of these booster pumps shall
be at the property owner's expense.
36. The necessary pipelines, valves, fire hydrants, service
lines, meters and appurtenances shall be installed at the developer's
expense. Easements for these facilities shall be provided where
necessary.
37. Pipelines shall be sized to provide a minimum fire flow of
2,000 GPM AT 20 PSI residual pressure as required by the Fire
Department.
-17- 5274
38. Fire hydrants shall be spaced so that no structure is more
than 300 feet from the nearest fire hydrant.
39. The reservoir, booster station, domestic water system and
telemetry controls shall be installed in accordance with plans and
specifications approved by the City Water Manager and at the
developer's expense.
40. The subdivision will require approximately eight fire
hydrants installed and wet prior to any framing construction.
41. Hydrant spacing shall be approximately 300 feet, but in no
case greater than 500 feet apart. In addition, the furthest point to
any structure must be within 300 feet of a fire hydrant.
42. The minimum fire flow shall be 2,000 G.P.M. at 20 P.S.I. with
a two (2) hour duration available 24 hours per day.
43. Driveways in excess of 150 feet in length shall be 20 feet
wide with adequate turning radius capable of supporting the imposed
loads of fire apparatus without damage. Typical weight of apparatus
is approximately 30,000 lbs. Said driveways shall have 13 feet 6 inch
vertical clearance and shall be provided with approved provisions for
turning around fire apparatus. A hammer head is an acceptable
alternative.
44. All security gates shall be a minimum of 12 feet wide with a
13'6" vertical clearance and shall have an approved key over -ride to
allow Fire Department access.
45. The emergency access road being proposed south of lot 1 and
terminating in the flood control basin shall be constructed of all -
weather driving surface with an unobstructed width of not less than 20
-18- 5274
feet, with a minimum 32 foot turning radius capable of supporting the
imposed loads of fire apparatus and with a minimum of 13 feet 6 inch
vertical clearance.
46. Access to this tract from the northeast property line shall
not be precluded and the proposed roadway north of the water reservoir
shall be provided for possible future use.
47. Development of Pads 12 and 13 will be contingent on meeting
the required fire flow and all buildings constructed on Pads 12 and 13
will be required to provide additional fire protection, i.e., fire
sprinkler and alarm systems due to their location and distance from
the termination of street "C ". Said Fire protection shall be subject
to the review and approval of the Fire Department.
48. A 200 foot green belt shall be provided and maintained around
and adjacent to all structures to provide an effective firebreak.
This will require the removal of flammable vegetation or other
combustible growth.
49. This application shall' not take effect until the owner and
the applicant have executed a form available at the Planning
Department indicating awareness and acceptance of the conditions of
approval
Section 4. The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this 21st day of January
•:.
/s / DONAL D. PELLEGRINO
Mayor of the City of Arcadia
-19- 5274
ATTEST:
/S/ CHRISTINE VAN MAANEN
City Clerk of the City of Arcadia
STATE OF CALIFORNIA)
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA)
I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia,
hereby certify that the foregoing Resolution No. 5274 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 on the 21st day of January ,1986 and that said
Resolution was adopted by the following vote, to wit:
AYES: Councilmen Gilb, 'Hannah, Lojeski and Pellegrino
NOES: Councilwoman Young
ABSENT: None
/S/ CHRISTINE VAN MAANEN
City Clerk of the City of Arcadia
-20- 5274
RESOLUTION NO. 1775
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA, CALIFORNIA, APPROVING
RESIDENTIAL- MOUNTAINOUS DEVELOPMENT PERMIT
NO. RM 08 -01 AND ARCHITECTURAL DESIGN REVIEW
FOR AN OPEN AND UNCOVERED HILLSIDE DECK AT
383 TORREY PINES DRIVE
WHEREAS, on May 28, 2008, a Residential - Mountainous
Development Permit application was filed by Ms. Anni Wei for approval of
an open and uncovered hillside deck; Development Services Department
Case No. RM 08 -01, at property commonly known as 383 Torrey Pines
Drive; and
WHEREAS, a duly noticed public hearing was held by the Planning
Commission on August 12, 2008, at which time all interested persons were
given full opportunity to be heard and to present evidence.
NOW THEREFORE, THE PLANNING COMMISSION OF THE
CITY OF ARCADIA RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development
Services Department in the attached report is true and correct.
SECTION 2. This Commission finds:
1. That the granting of such Residential - Mountainous Development
Permit will not result in any of the following:
a. Excessive or unnecessary scarring of the natural terrain and
landscape through grading or removal of vegetation; or
b. Unnecessary alteration of a ridge or crestline; or
c. Unnecessarily affect the view from neighboring sites; or
d. Adversely affect existing development or retard future
development in this zone; or
e. Be inconsistent with the provisions of Division 0 of Part 5 of
Chapter 2 of Article IX of the Arcadia Municipal Code.
2. That the use applied for will not have a substantial adverse impact
on the environment, and that the proposed project is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA)
because the project involves the construction and location of a small
accessory structure, which meets the requirements for a Class 3(e)
exemption under Section 15303 of the CEQA Guidelines.
SECTION 3. That for the foregoing reasons this Commission
approves Residential - Mountainous Development Permit No. RM 08 -01 and
its Architectural Design Review, for an open and uncovered hillside deck at
383 Toney Pines Drive, subject to the following conditions:
-2- 1775
1. The deck shall be retrofitted within 30 days of the effective date
of City approval of this application, and maintained along with the existing
landscaping in a manner that is consistent with the plans and materials
submitted to the City of Arcadia and approved by application no. RM 08 -01
to the satisfaction of the Building Official, Fire Marshall and Community
Development Administrator.
2. The brightness of the light fixtures along the edge of the top of
the slope shall not exceed the minimum determined to be necessary for
safety purposes by the Building Official.
3. The applicant shall defend, indemnify, and hold harmless the City
of Arcadia and its officers, employees, and agents from and against any
claim, action, or proceeding against the City of Arcadia, its officers,
employees or agents to attack, set aside, void, or annul any approval or
condition of approval of the City of Arcadia concerning this project and/or
land use decision, including but not limited to any approval or condition of
approval of the City Council, Planning Commission, or City Staff, which
action is brought within the time period provided for in Government Code
Section 66499.37 or other provision of law applicable to this project or
decision. The City shall promptly notify the applicant of any claim, action,
-3- 1775
or proceeding concerning the project and/or land use decision and the City
shall cooperate fully in the defense of the matter. The City reserves the
right, at its own option, to choose its own attorney to represent the City, its
officers, employees, and agents in the defense of the matter.
4. The approval of application no. RM 08 -01 shall not take effect
until the owner and applicant have executed the Acceptance Form available
from Planning Services to indicate awareness and acceptance of the
conditions of approval.
SECTION 4. The Secretary shall certify to the adoption of this
Resolution.
Passed, approved and adopted this 26th day of August, 2008.
Chairman, Planning Commission
A7 :
Secr , Planning Commission
APPROVED AS TO FORM:
P r4t�
Stephen P. Deitsch, City Attorney
-4- 1775
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of
Arcadia, hereby certify that the foregoing Resolution No. 1775 was passed and
adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson
and attested to by the Secretary at a regular meeting of said Planning Commission held
on the 26th day of August, 2008 and that said Resolution was adopted by the
following vote, to wit:
AYES: Commissioners Hsu, Parrille and Beranek
NOES: None
ABSENT: Commissioners Baderian and Baerg
Sec , y of the Planning Commission
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PRELIMINARY EXEMPTION ASSESSMENT
,a dam'
(Certificate of Determination When Attached to Notice of Exemption)
1. Name or description of project:
Residential Mountainous Development Permit Application No. RM 08 -01 for a waiver of the
conditions of approval in Sections 3.8 and 3.11 of City Council Resolution No. 5274 for a deck that
extends outward from` the top of the slope on the west side of 383 Torrey Pines Drive.
2. Project Location — Identify street address and cross streets or attach a map showing project site:
(Preferably a USGS W or 7'h' topographical map Identified by quadrangle name):
383 Torrey Pines Drive — north of.Monterey Pines Drive — see attached map
3. Entity or person undertaking project: A.
B. Other (Private)
(1) Name: Anni Wei
(2) Address: 383 Torrey Pines Dr., Arcadia, CA 91006
(3) Phone: (213) 622 -6888 x208
4. Staff Determination:
The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the
City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that
this project does not require further environmental assessment because:
a. [ ] The proposed action does not constitute a project under CEQA.
b. [ ] The project is a Ministerial Project.
c. [ ] The project is an Emergency Project.
d. [ ] The project constitutes a feasibility or planning study.
e. [ ] The project is categorically exempt. Applicable Exemption Class: 3(e)
Section No.: 15303
f. [ ] The project is statutorily exempt. Applicable Exemption:
Section No.:
g. , [ ] The project is otherwise exempt on the following basis:
h. [ ] The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: June 5. 2008 staff: Jim Kasama, Community Development Administrator
CEQA Preliminary Exemption Assessment (Form "A ") 6 /06
� , JI Nam jy
f
STAFF REPORT
Library and Museum Services Department
September 2, 2008
TO: Mayor and City Council
FROM: Janet Sporleder, Director of Library and Museum Services
Prepared by Jackie Faust- Moreno, Library Services Manager
SUBJECT: Gift of 516,514 from the
Recommended action: Accept the donation
SUMMARY
The Arcadia Public Library Foundation, as part of its ongoing mission to support the Library's goals and
objectives, is donating $16,514 to the Library for programs and equipment.
The funds being donated will be used for the following purposes:
Computer Class Equipment: In order to address the information and technology needs of the
community, a computer learning lab will be created. This lab will be used in support of a regular
and ongoing program of courses on a wide variety of information and technology subjects. For
the initial implementation, six laptops, mice, and a secure mobile cabinet will be purchased.
Total cost: $10,714.
• Shelving for audiovisual (AV) materials: As the AV collections have grown, the shelving area
available has been filled. This new shelving is an extension of the current bins that pull out and
allow for easy browsing of the compact disc (CD) music collection. The library staff will shift
the Braille and study preparation materials to a new location. Total cost: $3,800.
Mobile Shelving Unit: To promote special collections and to create a focal display, the Library
will purchase a mobile shelving unit with slatwall paneling on the sides. This shelving can move
from section to section with in the Library. Total cost: $2,000.
FISCAL IMPACT
No effect to the City's budget, the Library Board approves a budget for all donations.
RECOMMENDATION
Accept the donation.
Approved by: 31)8-yl� 7c,�
Donald Penman, City Manager
STAFF REPORT
Public Works Services Department
DATE: September 2, 2008
TO: Mayor and City Council
FROM: Pat Malloy, Assistant City Manager /Public Works Services Director'
Prepared by: Tom Tait, Deputy Public Works Services Director
Dave Thompson, Street Superintendent
SUBJECT:
SUMMARY
On November 2, 2004, the City Council approved a one (1) year contract with optional
extensions to Republic Electric, Inc. for routine and extraordinary signal maintenance
services. Republic Electric Inc. is reaching the end of their fourth (4) contract extension
and has submitted a written offer to extend the existing contract for an additional one (1)
year. The contractor's offer of extension reflects a 3.0% Cost of Living Adjustment
(COLA) to help offset the increasing cost of fuel and operations. Additionally, Republic
Electric Inc. will only be performing extraordinary work and special work beyond normal
maintenance on a scheduled basis.
Based on the level of traffic signal maintenance services provided by Republic Electric
Inc., staff recommends that the City Council authorize the City Manager to execute a
one (1) year contract extension with Republic Electric Inc. for scheduled and
extraordinary traffic signal repairs in the amount of $105,000.
DISCUSSION
Currently, the Public Works Services Department (PWSD) contracts with Republic
Electric Inc. for the preventative maintenance and repair of sixty (60) signalized
intersections within the City. This service includes routine maintenance and repair of all
traffic signals and intersection safety lighting. Last year's contract with Republic Electric
Inc. for services was in the amount of $155,000. However, during budget discussions,
the City Council directed that staff reduce traffic signal maintenance services by
$50,000 per year. Routine maintenance would be handled by PWSD personnel while
Republic Electric would continue to provide extraordinary and scheduled repair work.
Page 1 of 2
Recommendation: Approve
Mayor and City Council
September 2, 2008
Routine maintenance activities performed by City staff will include: replacing burned out
lamps, repairing safety lights, minor repairs to damaged signal heads, monthly
inspection of the signal controllers at all intersections, immediate field response to
timing complaints and flashing intersections. Republic Electric Inc. will continue to
perform scheduled and extraordinary repairs, which include emergency repair of
damaged signals that pose a safety hazard to traffic and some additional maintenance
that staff does not have the technical expertise for.
The contract specifies that extraordinary maintenance is done on a time and material
basis whenever there is a malfunction due to faulty equipment. or a traffic accident.
These services may also include service requests for repairs of damaged traffic signals
after hours and on weekends or as a result of faulty equipment. Based on past
experience with this type of work, staff has concluded that approximately $105,000 is
needed each year for scheduled repairs and extraordinary maintenance.
Republic Electric Inc. has submitted a written offer to extend the contract an additional
one (1) year in accordance with the existing Agreement with the consideration of a 3%
increase to offset the increased costs of operations and fuel. All other conditions of the
Agreement are to remain the same. Republic Electric Inc. is a licensed electrical
contracting and transportation- engineering firm that was founded in 1991. They have
faithfully executed all aspects of the contract and provided excellent service to the City.
Staff feels that extending the existing contract will ensure that the excellent quality of
service being performed by Republic Electric will continue through FY 2008 -09.
Therefore, staff recommends that the City Council authorize the City Manager to
execute a one (1) year contract extension with Republic Electric Inc. for scheduled and
extraordinary traffic signal repairs in the amount of $105,000.
FISCAL IMPACT
Sufficient funds are budgeted in the 2008 -09 Operating Budget for the Traffic Signal
Maintenance Services Contract.
1. Award a one (1) year contract extension in the amount of $105,000 to
Republic Electric.
2. Authorize the City Manager and City Clerk to execute a contract
amendment on behalf of the City.
Approved by T
Donald Pe man, Oi y Manag r
PM:TT:DT
Page 2 of 2
STAFF REPORT
Public Works Services Department
DATE: September 2, 2008
TO: Mayor and City Council
FROM: Pat Malloy, Assistant City Manger /Public Works Services Director
Prepared by: Tom Tait, Deputy Public Works Services Director
Clement Flores, Maintenance Contracts Officer
SUBJECT:
SUMMARY
On November 6, 2007, the City Council awarded a one (1) year contract with optional
contract extensions to CLS Landscape Management, Inc. (CLS) for landscape
maintenance services at City facilities. CLS is reaching the end of their current contract
extension and has submitted a written offer to extend the existing contract for an
additional one (1) year in accordance with the existing agreement.
The contractor's offer of extension reflects a 3% cost of living increase, raising the base
contract from $481,160 to $495,595. The contract also includes $26,000 for
extraordinary maintenance needed annually for unplanned repairs, accidents and
weather related damage. All other conditions of the contract are to remain in effect.
Based on the excellent service provided by CLS during the previous year, staff
recommends that the City Council authorize the City Manager to execute a one (1) year
contract extension with CLS Landscape Management, Inc. for routine and extraordinary
landscape maintenance services throughout the City in the amount of $521,595.
DISCUSSION
The Public Works Services Department is responsible for the maintenance of all City
owned landscaped areas. These public properties typically include medians, parkways,
parks, water facilities, parking districts, and City owned facilities (e.g., Civic Center,
Library, Community Center, etc). On November 6, 2007, the City Council awarded the
Landscape Maintenance Contract with optional annual extensions to CLS Landscape
Page 1 of 2
AMOUNT OF $521,595
Recommendation: Approve
Mayor and City Council
September 2, 2008
Management, Inc. (CLS) for routine, day -to -day, maintenance and care of all
landscaped areas on City property including the 210 freeway on and off ramp
maintenance to their contract.
Additionally, the contract provides for extraordinary maintenance on a time and material
basis whenever landscape is damaged from a traffic accident, vandalism, storms, or for
services not specified in the Agreement. These services may also include the
replacement of old plant material, minor upgrades to irrigation systems, and other
improvements that will enhance the look of the landscaping. Based on past experience
with this type of work, staff has concluded that approximately $26,000 is needed each
year for extraordinary maintenance.
CLS has submitted a written offer to extend the contract an additional one (1) year in
accordance with the existing Agreement and the consideration of a 3% increase. The
actual June -to -June change in the Consumer Price Index is 5.02 %. CLS is requesting
an increase as a result of increased operating costs over the past year, especially for
fuel. All other conditions of the Agreement are to remain the same. Extending the
existing Agreement will ensure a continued quality maintenance service of landscape
maintenance at City facilities throughout the next year. Staff recommends that the City
Council award a one (1) year contract extension in the amount of $521,595 to CLS
Landscape Management, Inc. for Landscape Maintenance services at City facilities,
extraordinary work, and for the 210 freeway on and off ramp maintenance.
FISCAL IMPACT
Sufficient funds are budgeted in the 2008 -2009 Operating Budget for this contract
RECOMMENDATION
1. Authorize the City Manager to execute a one (1) year contract extension
with CLS Landscape Management, Inc., for Landscape Maintenance
Services at City Facilities in the amount of $521,695.
2. Authorize the City Manager and City Clerk to execute a contract extension
in a form approved by the City Attorney.
Approved by: 7
Donald Penman, GUy Manager
PM:TT
Page 2 of 2
MwR S.IMf
uai=y STAFF REPORT
Public Works Services Department
DATE: September 2, 2008
TO: Mayor and City Council
FROM: Pat Malloy, Assistant City Manager /Public Works Services Directd d'�`
Prepared by: Tom Tait, Deputy Public Works Services Director /
Dave McVey, General Services Superintendent
SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A ONE (1) YEAR
THE AMOUNT TO $43,500
Recommendation: Approve
SUMMARY
On October 1, 2002, the City Council approved a one (1) year contract Agreement with
optional contract extensions to B &P Painting Inc. for painting and wood refinishing
services at various City facilities. B &P is reaching the end of their fifth contract
extension and has submitted a written offer tc extend the contract for an additional one
(1) year in accordance with the existing agreement. The contractor's offer of extension
does not reflect a change in price and all other conditions of the Agreement are to
remain in effect.
Based on the excellent service provided by B &P Painting during the last six (6) years,
staff recommends that the City Council award a one (1) year contract extension in the
amount of $43,500 to B &P Painting for painting, wood refinishing and extraordinary
maintenance of various City facilities.
DISCUSSION
The Public Works Services Department is responsible for the maintenance of all City
facilities. Monthly painting and preventative maintenance programs have been
implemented at the Library, City Hall, Community Center, Fire Stations and Public
Works Services Yard. New construction, remodels and custom design projects are
funded through the 2008 -09 Capital Improvement Program and Operation and
Maintenance Budgets. During the last year, 13 painting projects were completed. Staff
anticipates a similar level of painting services for the next fiscal year. The contract also
Page 1 of 2
Mayor and City Council
September 2, 2008
provides for extraordinary maintenance, on a time and materials basis, whenever
painting services are required. Services may include refinishing of wood floors,
cabinets, molding and exterior power washing of facilities. B &P Painting has submitted
a written offer to extend this contract in accordance with the existing Agreement without
a cost increase. All other conditions of the Agreement are to remain the same. Staff
recommends that the City Council award a one (1) year contract extension to B &P
Painting for painting and extraordinary maintenance of various City facilities in the
amount of $43,500.
FISCAL IMPACT
Sufficient funds have been budgeted in the 2008 -09 Capital Improvement Plan Budget
and Operation and Maintenance Budgets for this contract.
RECOMMENDATION
1. Award a one (1) year contract extension to B &P Painting for painting
and wood refinishing services at various City Facilities in the amount
of $43,500.
2. Authorize the City Manager and City Clerk to execute a contract
extension in a form approved by the City Attorney.
Approved by:
Donald PE(nmanZ M nager
PM:TT: DM
Page 2 of 2
O
STAFF REPORT
Public Works Services Department
DATE: September 2, 2008
TO: Mayor and City Council
FROM: Pat Malloy, Assistant City Manager /Public Works Services Director ` /1 lo
Prepared by: Tom Tait, Deputy Public Works Services Director
Dave McVey, General Services Superintendent
SUBJECT:
SUMMARY
In 1998, California identified diesel particulate matter (diesel PM) as a toxic air
contaminant based on its potential to cause cancer and other adverse health effects.
On December 8, 2005 the California Air Resources Board (ARB) adopted a fleet rule to
reduce diesel particulate matter (PM) emissions from fleets operated by public agencies
and utilities. The Fleet Rule for Public Agencies and Utilities became effective January
5, 2007, which requires municipalities and utilities to apply best available control
technology to diesel powered heavy -duty vehicles over 14,000 Gross Vehicle Weight
(GVW) in their fleet. The best available control, technology for Arcadia is to install diesel
particulate matter filters.
Staff recommends that the City Council award a purchase order to Ironman Parts &
Services for the installation of diesel particulate matter filters into three (3) diesel engine
trucks in the City's fleet in the amount of $45,136.
BACKGROUND
The pollution emitted by diesel engines contributes greatly to the nation's air quality
problems. The large amounts of nitrogen oxides and particulate matter that trucks emit
can cause serious public health problems. Specifically, diesel engines emit a complex
mixture of air pollutants. The visible emissions seen in diesel exhaust are known as
particulate matter. It includes many carbon particles (also known as soot) as well as
other gasses that become visible as they cool. In 1998, California identified diesel PM
as a toxic air contaminant based on its potential to case cancer and other adverse
Page 1 of 3
FLEET IN THE AMOUNT OF $45,136
Recommendation: Approve
Mayor and City Council
September 2, 2008
health effects. Additionally, overall emissions from diesel engines are responsible for
the majority of the potential airborne cancer risk in California.
To reduce emissions from diesel equipment, the CARB approved a comprehensive
Diesel Risk Reduction Plan for diesel - fueled engines and vehicles manufactured before
2007. Furthermore, on December 8, 2005 the CARB adopted fleet rule 13 to reduce
diesel PM emissions from fleets operated by public agencies and utilities (Sections
2020, 2022 and 2022.1, Title 13, California Code of Regulations).
DISCUSSION
The California Air Resources Board (CARB) has mandated that all diesel engines in
California reduce diesel emissions by as much as 85% or face fines of $1,000 per day
per engine and more. The use of retrofit technology is the best available technology of
reducing harmful PM from diesel exhaust for the City of Arcadia. Retrofitting replaces
the diesel exhaust system's existing muffler with a diesel particulate matter filter that
removes PM and other pollutants from the diesel exhaust stream and traps them inside
the device. According to the Environmental Protection Agency, the diesel particulate
matter filter can reduce emissions of PM by sixty (60) to ninety (90) percent.
Staff investigated cooperative purchase agreements (also known as "piggy- backing ")
with other larger municipalities for diesel particulate matter filter installation
specifications that are equal to or greater than the City of Arcadia's. The Inland Empire
Utilities Agency Municipal Water District, in cooperation with Ironman Parts & Services,
has authorized the City of Arcadia to receive the same price as their purchase order for
the parts and installation of diesel particulate matter filters. This benefits the City by
allowing the purchase of these installation kits at a low competitive price per unit.
Public Works Services Fleet has a total of fifteen (15) heavy duty diesel engine trucks
that were manufactured before 2007 and over 14,000 GVW, however six (6) trucks are
exempt because they are classified as low mileage (driven less than 1,000 miles per
year) and two (2) street sweepers will be replaced before they fall out of compliance.
Installation of diesel particulate matter filters will continue in the following years until all
seven (7) trucks are in compliance with ARB mandates.
On January 15, 2008, the City Council authorized the diesel particulate matter filter
retrofit for the following three vehicles for FY 2007 -08:
1. 2000 Freightliner Tree Lift Truck
2. 2001 Vac -Con Sewer Truck
3. 2002 International Dump Truck
Page 2 of 3
Mayor and City Council
September 2, 2008
There are three (3) trucks in the City's fleet that require the diesel particulate matter
filter retrofit for FY 2008 -09:
1. 2005 Vac -Con Hydro Excavator
2. 2006 Vactor Sewer Truck
3. 2001 Stake Bed Truck
One (1) Ford aerial truck is scheduled to be converted in 2009 -10. After the installation
of the diesel PM filters, the trucks will remain in service for at least 5 -7 years, depending
on the age and the mileage of the vehicle, in accordance with the Vehicle Replacement
Plan. Thereafter, Public Works Services will look into the availability of alternative fuel
vehicles or, if unavailable, purchase heavy -duty diesel engine trucks already in
compliance and manufactured after 2007.
Therefore staff recommends that the City Council award a purchase order to Ironman
Parts & Services for the installation of diesel particulate matter filters in three (3) diesel
engine trucks in the City's fleet in the amount of $45,136.
ENVIRONMENTAL IMPACT
The City must comply with Article 4, Diesel Particulate Matter Control Measures, within
Chapter 3, Division 3, Title 13 of the California Code of Regulations, to reduce the
public's exposure to diesel exhaust particulate.
FISCAL IMPACT
$60,000 has been budgeted in the Equipment Acquisition Program Fiscal Year 2008 -09
for Vehicle Diesel Particulate Matter Control Systems.
RECOMMENDATION
1. Waive the formal bidding process and authorize a cooperative purchase
using the contract prices for the Inland Empire Utlities Agency Municipal
Water District.
2. Award a purchase order to Ironman Parts & Services for the installation of
diesel particulate matter filters in three (3) diesel engine trucks in the City's
fleet in the amount of $45,136.
Approved by: : - ,� 7
Donald Penman, tity Man ger
PM:TT
Page 3 of 3
j S TA F F REPORT
Public Works Services Department
DATE: September 2, 2008
TO: Mayor and City Council
FROM: Pat Malloy, Assistant City Manager/ Public Works Service Director
Prepared by: Tony L. Trabbie, Fire Chief f, I
Rick D. Braun, Battalion Chief FJ-
SUBJECT:
THE FIRE DEPARTMENT IN THE AMOUNT OF $192,046.32
Recommended Action: Approve
SUMMARY
Staff has concluded that the bid submitted by Leader Industries, the low bid, to be non-
responsive and is recommending that the City Council award a purchase order contract
to Road Rescue Inc., the next best bidder, to purchase one (1) 2008 or newer Ford
E450 Super Duty Type III Rescue Ambulance in the amount of $192,046.32. Funds
have been budgeted in the City's Fiscal Year 2008 -2009 Equipment Replacement Plan
for the purchase of this rescue ambulance.
BACKGROUND
Emergency medical services represent an integral public service delivered by the Fire
Department. The Fire Department's two (2) rescue ambulances, equipped with certified
firefighter paramedics on a daily basis, respond to thousands of emergency medical and
rescue incidents per year. In 2007, the Fire Department responded to a total number of
4,650 calls for service, of which 3,027 or approximately 65% of all calls were for medical
emergencies. In spite of the high costs associated with the provision of emergency
medical services, the City collects a fair amount of revenue from ambulance billing and
the Paramedic Membership Program, In Fiscal Year 2007 -2008, ambulance billing
represented $926,257.17 of the City's total revenue. In addition, the Paramedic
Membership Program, which since 1994 has been offered to Arcadia residents as a
protection from out -of- pocket paramedic and ambulance transport expenses within the
City of Arcadia, collected a total revenue of $159,981.61 in membership fees.
Page 1 of 2
Mayor and City Council
September 2, 2008
DISCUSSION
Asset number 80023, a ten (10) year old rescue ambulance with 73,140 miles,
surpasses the City's Vehicle Replacement Criteria schedule. Accordingly, the City
Council approved the purchase of a new rescue ambulance for the Fire Department as
part of the City's Fiscal Year 2008 -2009 Equipment Acquisition Program. Staff then
proceeded with soliciting competitive bids from eight (8) vendors and as a result
received two (2) responses at the bid opening on July 15, 2008. The two (2) bids came
in as follows:
Bidder
Location
Bid Amount
Leader Industries South El Monte $183,385.24
Road Rescue Inc. Anaheim $192,046.32
Staff has concluded that the bid submitted by Leader Industries, the low bid, to be non-
responsive and difficult to decipher. Leader Industries submitted a bid with over 100
exceptions to the specifications, of which approximately thirty (30) of those exceptions
were not accompanied by specific details or explanations. After spending almost forty
(40) hours searching for the needed information in the bid document, staff has
determined that the bid submitted by Leader Industries has too many unknowns to be
evaluated properly. Therefore, staff is recommending that the City Council accept and
award a purchase order contract to Road Rescue Inc., the next best bidder, for the
purchase of one (1) 2008 or newer Ford E450 Super Duty Type III Rescue Ambulance
in the amount of $192,046.32.
FISCAL IMPACT
Sufficient funds have been appropriated in the Fiscal Year 2008 -2009 Equipment
Replacement Fund to cover the cost of this acquisition.
RECOMMENDATION
It is recommended that the City Council authorize staff to purchase one (1) Ford
E450 Super Duty Type III Rescue Ambulance from Road Rescue Inc. in the
amount of $192,046.32.
Approved by:
Donald Penman, City Manager
Page 2 of 2
Date: September 2, 2008
STAFF REPORT
Administrative Services Department
To: Mayor and City Council
From: Hue Quach, Administrative Se ices Director °' V
Jeff Wagner, IT Consultant
Subject: Purchase of computer equipment and related peripherals in
accordance to the City's Computer Replacement Program
Recommendation: Approve
SUMMARY
Staff is recommending the City Council to authorize a purchase in the amount of
$65,181.62 from Dell Computer Corporation for replacement computer
workstations (46) and monitors (28). The formal bidding requirements have been
satisfied and funds were approved for this acquisition as part of the Fiscal Year
2008 -2009 Budget.
BACKGROUND
Standardization of computer hardware and software are necessary in order to
use the available technology efficiently. Advancement in computer technology is
a never ending evolution and as such, creates a challenge to keep up with the
technology. The Computer Replacement Program is an effort to reduce the
dependency and the inclination to purchase the "latest" by carefully planning our
needs with a centralized management of computer resources and
standardization of the desktop computing environment. The overall goal of the
program is to ensure that computing resources are up -to -date, cost effective, and
available to all staff but with consideration to limited resources that are available.
Other goals of the Computer Replacement Program are to:
Assure that each staff member who uses computing resources in their
position has access to a computer of sufficient capability to support basic
computing needs in fulfillment of their work responsibilities.
Assure that appropriate computing resources are available in
departmental offices in support of the mission of the City.
• Implement minimum standards for computing resources by increasing the
supportability of the City's installed base of equipment.
• Streamline the specification, acquisition, and deployment of new
equipment and re- deployment or disposal of old equipment.
• Staying current to allow continuing efficiency and productivity but also
remain in compliant with newer technology for ongoing support from
technology corporations such as Microsoft.
• Review and analyze with the purpose of determining the cost
effectiveness and economic benefits of going to new versus keeping older
technology.
In 2003, an assessment of the City's IT department was conducted. Within the
report, there was a recommendation of replacing 20% of the total computers
annually that would give each computer a five year life cycle which was the
typical standard for office equipments. Since then, staff has completed a survey
through the Municipal Information Systems association of California surveying 28
other cities on their computer life cycle. The result of the survey indicates on
average a PC workstation has a life of 3.9 years.
Arcadia's PC work stations, at one time, were on a 5.8 year life cycle. Due to
budgetary constraints, the city is currently replacing approximately 13% of the
existing 350 computers annually which equates to a life cycle of 7.6 years for
each computer. Although our extended life cycle can create limitation and
functionality issues with newer software, our IT department has adopted the
policy to put a priority on computers that are used more heavily and contains
applications which require greater performance hardware in hopes of limiting
consistencies and functionality problems.
Keeping up with the advancements in computer technology is a never ending
struggle. No matter how much money an institution spends on computer
equipment, that equipment is eventually out of date due to their short life cycle.
Unfortunately, our City is not immune to these struggles. In order to stay current
with the advancements in computer software, it is essential that we
replace /upgrade computer hardware for their functionality aspect. As an
example, software such as Microsoft Vista and Microsoft Office 2007 require
specific minimum requirement, which many city machines do not meet.
Adversely, if we do not remain compliant with newer technology we will not have
the ability to "upgrade" to those programs and consequently prevented from
receiving technical support in the event of software /hardware issues.
Due to those reasons noted and in conjunction with the computer replacement
program, staff is proposing to complete the acquisition of replacement
workstations in the respective departments for the current fiscal year:
Administrative Services
5
Workstations
City Attorney
1
Workstation
City Manager
1
Workstations
Development Services
6
Workstations
Fire
6
Workstations
Library
6
Workstations
Recreation
3
Workstations
Police
12
Workstations
Public Works
6
Workstations
Total:
46
In additional to those proposed work stations, staff is also seeking Council's
approval for the acquisition of 28 flat panel monitors to replace older and
broken /damaged flat panel monitors throughout the City.
The City frequently utilizes other agency's formal bidding process as an efficient
method of purchasing equipment while still remaining within the City's adopted
rules and procedures. The Western States Contracting Alliance solicited
competitive bids for computer equipment in September, 2004 and entered into
purchasing contracts with Dell, Gateway, Hewlett- Packard, Howard, IBM, and
MPC -G. Staff has thoroughly reviewed the bidding process as well as the
contract with Dell Computer Corporation and is confident both measures meet
City requirements and specifications.
FISCAL IMPACT
The total cost of the proposed computer replacement acquisition is $65,181.62.
Funds have been budgeted and approved in the Fiscal Year 2008 -2009
Equipment Replacement Fund.
RECOMMENDATION
It is recommended the City Council:
Authorize a purchase of computer workstations and monitors from
Dell Computer Corporation in the amount of $65,181.62 and authorize
a cooperative purchase using the Western States Contracting
Alliance bid contract.
Approved:
Don Penman, C4f9 Manager
STAFF REPORT
Development Services Department
DATE: September 2, 2008
TO: Mayor and City Council
FROM: Jason Kruckeberg, Development Services Director $LX
Phillip A. Wray, Deputy Director of Development Services
By: Linda Hui, Transportation Services Manager
SUBJECT: Transit Service Program for Breeders' Cup Events
Recommendation: Approve
SUMMARY
The 2008 Breeders' Cup World Championships will be held at Santa Anita Park on October
24 and 25, 2008. This two -day event will bring many visitors to the City, providing economic
benefit to the region as well as generating additional traffic congestion. To provide
effective transit service to visitors during the event, staff proposes a special program
offering visitors and the public alike free bus rides along established routes during the days
of the event. The transit will serve Santa Anita Park, select points of interest and major
hotels in Arcadia, as well as some hotels in Monrovia. Staff will coordinate with Santa Anita
Park to determine the level of needs, and to develop the most effective route plan. Staff will
also work with Southland Transit, Inc., the City's transit service contractor to develop a
service plan that accommodates the event needs without compromising the regular transit
services for the general public demand.
The 2009 Breeders' Cup World Championships will also be held at Santa Anita Park in
November 2009. Providing that the City Council approves the proposed Transit Service
Program for the 2008 event and that the program is deemed to be effective, Staff proposes
that a similar program be provided for the 2009 Breeders' Cup event.
Staff recommends that the City Council approve the plan to provide free bus service to
visitors and the general public, including service to selected locations outside of the City
limits, for the 2008 Breeders' Cup World Championships event on October 24 and 25,
2008, and the option of providing a similar program for the 2009 event.
Staff Report
September 2, 2008
Page 2
BACKGROUND
The Breeders' Cup is the season - ending championship of Thoroughbred horseracing that
began in Southern California in 1984. The event attracts worldwide participants and is held
at a different racetrack in North America on a rotating basis. This year's event marks the
seventh time the Breeders Cup has been held in California and the fourth time at Santa
Anita Park since its inauguration. Santa Anita Park will also be the host in 2009, marking the
first time the Breeders Cup will be held at the same venue in back to back years.
The Breeders Cup traditionally. attracts the top horses from around the world to compete in
a number of divisions. Unlike prior years, the 2008 event will be a two -day event, with
information on the two days provided below:
Breeders' Cup World Championships Friday
October 24, 2008
Parking Gates Open at 7 am (PDT)
Admission Gates and Mutuel Windows Open at 9 am (PDT)
First Post Time is 11:05 am (PDT)
First Breeders' Cup Race Post Time is 12:35 pm (PDT)
Breeders' Cup World Championships Saturday
October 25, 2008
Parking Gates Open at 7 am (PDT)
Admission Gates and Mutuel Windows Open at 8 am (PDT)
First Post Time is 10:10 am (PDT)
First Breeders' Cup Race Post Time is 10:10 am (PDT)
DISCUSSION
The 2008 Breeders' Cup World Championships event will be held at Santa Anita Park on
October 24 and 25, 2008. Based on past events held at Santa Anita Park, the Breeders'
Cup will draw both local and out -of -town fans to the City providing economic benefits as well
as creating traffic congestion. In order to manage the potential traffic congestion, the City
has in the past provided special bus service transporting patrons between Santa Anita Park
and hotels within the City and Arcadia High School during the days of the event. No service
was provided to potential riders at hotels outside of the City limits.
For past Breeders' Cups, the City provided bus services without collecting fares from the
riders at the time of boarding. The,bus operators kept track of the number of riders. After
the event, Santa Anita Park reimbursed the City the uncollected fare in a lump sum.
Effective April 30, 2008, the new Federal regulations prohibit federal transit fund recipients
from providing "charter services ". These regulations protect charter operators from
unauthorized competition from recipients of Federal financial assistance. Receiving
payment for the service in whole or part by a third party such as Santa Anita Park is a
Staff Report
September 2, 2008
Page 3
critical characteristic of charter services. As a federal transit fund recipient, Arcadia Transit
is prohibited from operating services that could be considered as charter services.
In an effort to promote the Breeders' Cup event, Santa Anita Park management requested
that the transit fare not be collected from the riders to the event at the time of boarding; and
that Santa Anita Park be allowed to reimburse the City the uncollected fares. Since the City
cannot accept payments from a third party for the transit service, the City will not be able to
comply with Santa Anita Park's request on the payment arrangement. However, in the spirit
of cooperation, Staff has considered the option of waiving passenger fare during the two
days of the event. This option is viable with the condition that the special bus services are
opened to the public and the fare is waived for all riders on those specific buses. In
addition, Arcadia Transit has enough capacity to accommodate this special service without
adversely impacting the general transit services.
FISCAL IMPACT
During the Breeders' Cup event in 2003, a total of 772 passengers utilized the special bus
service. Although the actual Breeders' Cup was a one -day event, the special bus service
ran on the day prior to and on the day of the event providing bus service to out -of -town
visitors who arrived early. A total of 28.58 service hours were required for the two days.
Since the service was provided through the existing Southland Transit contract, only the
additional service hours were added to the Southland Transit monthly operating cost. The
unit rate at that time was $33.08 per service hour, resulting in the total cost of $945.43 to
provide the special bus service for the event. The City was able to recoup the uncollected
fare from Santa Anita Park totaling $772 (772 passengers at $1 each).
Based on the cost for 2003 event, Staff anticipates that the 2008 event may cost between
$2,000 and $3,000. This cost includes the cost for service hours for two days at $41.35 per
hour and the lost fare revenue. The Arcadia Transit budget is adequate to cover this cost.
RECOMMENDATION
It is recommended that the City Council approve the plan to provide free bus services to
visitors and the general public, including service to selected locations outside the City limits,
for the 2008 Breeders' Cup World Championships event on October 24 and 25, 2008, and
the option of providing a similar program for the 2009 event.
Approved:
Donald Penman, ity Ma ger
JK:PAW:LH:pa
DATE: September 2, 2008
TO: Mayor and City Council
FROM: Donald Penman, City Manager
SUBJECT:
CONTRACTORS
Recommendation: Provide direction
SUMMARY
At a previous meeting the City Council directed staff to prepare an agenda item regarding
verification of the employment eligibility status of City employees and of persons who are
employed by contractors that do work for the City. This report summarizes how the City
currently addresses this matter and seeks direction should the City Council wish to
implement a different procedure or policy.
BACKGROUND
Federal law requires that persons employed in the United States must either be a citizen
or have some form of legal status. Companies with employees, including the City of
Arcadia, must comply with the Federal law in their hiring practices, in addition to a myriad
of other Federal, State and local employment laws and policies.
As mandated by law, the City requires employees to be legally eligible to work in this
country. Items that would attest to this legal status would be such things as a social
security card, a permanent resident alien card, a United States Passport or any
document that is identified on the Federal 1 -9 form (see attached). Such documentation
must be satisfactorily provided to the City prior to the first day of work. While we have the
ability to verify the validity of documents submitted by potential employees, the City does
not do so unless there is an unusual situation or cause for concern. To date, we have not
experienced any problems in this area.
With regard to the employees of contractors and /or consultants, the City uses general
language in contracts and professional services and other agreements about the need to
Office of the City Manager
Mayor and City Council
September 2, 2008
Page 2
comply with all State and Federal laws, but does not include language specific to the
legal status of or employment eligibility of their employees. However, as noted above, all
companies operating in the United States must comply with the Federal law on this
subject.
DISCUSSION
Because the City already follows the law and ensures that potential employees have the
appropriate documentation and legal status prior to beginning work, staff does not believe
there is a need to modify our procedures at this time.
The types of contractors the City retains vary significantly and typically fall into two
categories: those that provide ongoing contract services and those that provide a project
specific service. Some of these are large companies with hundreds of employees and
others are small with few or only one person. Examples of contract services include:
information services; attorney work; maintenance related activities such as janitorial,
landscape and tree trimming; certain traffic engineering work; building plan check;
printing; contract instructors; construction; inspection and laboratory testing work;
catering, etc.
In preparing this report staff reviewed a number of issues and possibilities relating to the
employees of City contractors including:
1. Adding explicit language to all contracts and agreements between the City and
companies we retain for services that places Immigration Reform and Control Act
(ICRA) compliance on the contractor and its employees.
2. Requiring outside firms to provide documentation to the City that they have
complied with all Federal laws regarding employment eligibility, and possibly
describing the procedures they use to demonstrate compliance. This could be
taken a step further by requiring a provision indemnifying the City from any liability
or financial obligations arising from the contractor's violations of immigration -
related laws.
3. Requiring outside firms to submit to the City the names of their employees that will
be providing services and then having City staff independently verify the legal
status of each person.
Option 1 would be simple to implement and would serve as a reminder to the companies
that the City of Arcadia has a specific interest in ensuring that Federal laws in this area
are followed.
Mayor and City Council
September 2, 2008
Page 3
Options 2 and 3 are more complicated and could result in some risk to the City if we act
in a manner that could be viewed as the City taking upon itself the responsibility for
verifying the employment status of the contractor's employees. That is, the Federal law
provides sanctions and penalties for employers who fail to comply with the requirements
of the Immigration Reform and Control Act. Staff has been advised by the City Attorney's
office that it is possible that if the City were to assume the obligation of ensuring that
ICRA obligations have been fulfilled as to the contractor's employees, that it could
potentially be liable for such sanctions should there be any violations. Further, Option 3
would impact staff in terms of the time it would take to conduct the verification as well as
the potential logistical issues with certain types of companies the City utilizes. For
example, it would not be unusual for a contract firm, particularly on a construction project
or an ongoing maintenance activity, to use different persons on different elements of the
job on a daily basis, posing a challenge to the timeliness of the verification process.
One further note on Option 2 would be that while there is no problem with having a
contractor certify that they have indeed complied with the IRCA and other immigration
requirements, it should be kept in mind that a potential issue could arise if such an action
were to be viewed as the City having assumed the obligation to ensure compliance with
the IRCA and thus potentially exposing itself to liability. The City Attorney's Office has
advised that this risk is minimal and could likely be reduced by how the language is
worded. Again, if the City were to undertake its own process of verification, or even
review the contractors 1 -9 forms, the possibility of exposure to liability may occur.
Given the legal and liability considerations with which the City is faced, the following are
presented as viable alternatives should the City Council desire a more active program to
verify compliance with employment laws as they relate to our contractors:
A. Direct staff and the City Attorney to prepare appropriate legal provisions (in
addition to the general provisions in the City's current contracts) to be included in
future contracts and agreements.
B. Direct staff and the City Attorney to prepare a document that outside contractors
and consultants would have to sign prior to retention, certifying that they have
complied with all Federal laws with regard to employment eligibility and
immigration. Whether or not the City should require a description of how the
company verifies the legal status of its employees would have to be further
reviewed by the City Attorney.
Mayor and City Council
September 2, 2008
Page 4
RECOMMENDATION
It is recommended that the City Council provide direction as to what, if any, action
should be taken with regard to verifying the employment eligibility status of
potential City employees and /or the employees of outside companies the City uses
for services.
Attachment: Federal Form 1 -9, Employment Eligibility Verification
LISTS OF ACCEPTABLE DOCUMENTS
LIST A LIST B LIST C
Documents that Establish Both Documents that Establish Documents that Establish
Identity and Employment Identity Employment Eligibility
Elielbilltv OR AND
1.
U.S. Passport (unexpired or expired)
1.
Driver's license or ID card issued by
1.
U.S. Social Security card issued by
a state or outlying possession of the
the Social Security Administration
United States provided it contains a
(other than a card stating it is not
photograph or information such as
valid for employment)
name, date of birth, gender, height,
eye color and address
2.
Permanent Resident Card or Alien
2.
ID card issued by federal, state or
2.
Certification of Birth Abroad
Registration Receipt Card (Form
local government agencies or
issued by the Department of State
I -551)
entities, provided it contains a
(Form FS -545 or Form DS-1350)
photograph or information such as
name, date of birth, gender, height,
eye color and address
3.
An unexpired foreign passport with a
3.
School ID card with a photograph
3.
Original or certified copy of a birth
temporary I -551 stamp
certificate issued by a state,
county, municipal authority or
outlying possession of the United
States bearing an official seal
4.
An unexpired Employment
4.
Voter's registration card
4.
Native American tribal document
Authorization Document that contains
5.
U.S. Military card or draft record
5.
U.S. Citizen ID Card (Form I -197)
aphotograph
(Form I -766, I -688, I -688A, I -688B)
5.
An unexpired foreign passport with
6.
Military dependent's ID card
6.
ID Card for use of Resident
an unexpired Arrival- Departure
Citizen in the United States (Form
Record, Form I -94, bearing the same
7.
U.S. Coast Guard Merchant Mariner
I -179)
name as the passport and containing
Card
S.
Native American tribal document
7.
Unexpired employment
an endorsement of the alien's
nonimmigrant status, if that status
authorizes the alien to work for the
authorization document issued by
DHS (other than those listed under
9. Driver's Iicense issued by a Canadian
employer
government authority
List A)
For persons under age 18 who
are unable to present a
document listed above.
10. School record or report card
11.
Clinic, doctor or bospital record
12. Day -care or nursery school record
Illustration of many of these documents appear in Part 8 of the Handbook for Employers (M -274)
Foam I -9 (Rev. 06105107) N Page 2
Department of Homeland Security
U.S. Citizenship and Immigration Services
Please read Instructions
Form I,9, Employment
Eligibility Verification
must be available during completion of this
ANTI -DISCR MINATION NOTICE: It Is illegal to discriminate against work eligible individuals. Employers CANNOT
specify which document(s) they will accept from an employee. The refusal to hire an individual because the documents have a
future expiration date may also constitute illegal discrimination.
Csaetinn 1. Emnlovee Information and Verification. To be completed and sinned by imoloyee at the.time employment beeins.
Print Name: Last First Middle Initial
Maiden Name
Address (Street Name and Number) _ Apt. #
Date of Birth (manth/day6y )
City state Zip Coda
Social Security #
I attest, under penalty of pequry, that I am (check one of the following):
I am aware that federal law provides for
.
A citizen or national of the United Sues
imprisonment and/or fines for false statements or
A lawful permanent resident (Alien#) A
use of false documents in connection with the
F An alien authorized to work until
completion of this form..
(Alien #or Admission #)
Employee's Signature
Date (month/day/year)
P reparer and /Or Translator Certification. (To be completed and signed (/'Section 1 Is prepared by a person other than the employee.) I aaeat, rudder
penalty ofperrjury, that I have assisted in the completion of this form and that to the best of my knowledge the information is true and correct
Address (Street Name and Num bar, City, State, Zip Code) _ I Date (month/daylyear)
Section 2. Employer Review and Verification. To be completed and signed by employer. Examine one document from List A OR
examine one document from List B and one from List C, as liated on the reverse of this form, and record the title, number and
expiration date, if any, of the document(s).
List A OR List B A�M List C
Document title:
Issuing autharity:
Document*:
Expiration Date f{fany).
Document #:
Expiration Date (if any):
CERTIFICATION - I attest, under penalty of perjury, that I have examined the document(s) presented by the above -named employee, that
the above - fisted docament(s) appear to be genuine and to relate to the employee named, that the employee began employment on
(month /day /year) and that to the best of my knowledge the employee Is eligible to work in the United States. (State
employment agencies may omit the date the employee began employment)
=amass or vrganvanon Name and naaress (Queer rvame ana ivumoer, ury, otaae, up was/ I us= tmanuvaayryear,
City of Arcadia, 240 W. Huntington Dr, Arcadia CA 91007
C. if employee'sprevious,grant of work authorization has expired, provide the infomation below for the document that establishes current mnployment eligibility.
Document Tide: Document tk Expiration Date (if any):
I attest, under penalty of perjury, that to the best of my knowledge, this employee is eligible to work In the United Staten, and If the employee presented
document(s), the document(s) I have examined appear to be genuine and to relate to the individual.
Signature of Employer or Authorized Reomentative I Date (monrhldaylyear)
Form. I -9 (Rev. 06/05107) N
( r ,
STAFF REPORT
Public Works Services Department
DATE:
TO:
FROM:
SUBJECT:
September 2, 2008
Mayor and City Council
Pat Malloy, Assistant City Manager /Public Works Services Director
Prepared by: Maria P. Aquino, Management Analyst
RESOLUTION NO. 6643 DECLARING ITS INTENTION TO FORM THE
NEW ASSESSMENTS RELATED THERETO COMMENCING WITH
FISCAL YEAR 200912010
Recommendation: Approve
SUMMARY
At the August 19, 2008 Council meeting, City Council directed staff to assess the
District based on its current contribution to the street light system plus District
administration and rehabilitation costs for properties receiving direct benefit from street
lights on their streets. With a proposed total street lighting budget of $883,764, the City
will pay $479,870 or 54% of the assessment while the District will pay the remaining
$403,894 or 46% of the street lighting costs. To establish a Citywide street lighting
assessment district via the Landscaping Lighting Act of 1972, staff is recommending
that the City Council adopt Resolution Numbers 6641, 6642, 6643.
Page 1 of 4
Recommendation: Approve
Mayor and City Council
September 2, 2008
DISCUSSION
During the early 1970s, under the Street Lighting Act of 1919, the City's existing street
lighting zones.were consolidated into one district. A sunset date of June 30, 2010 was
also established for the existing assessment district. Last March, based on an aging
street light system, inequities in assessments to property owners throughout the City
and the sunset date the City Council adopted several resolutions that directed staff to
move forward with the establishment of a new street lighting assessment district in the
City.
Several weeks ago, staff learned that a California Supreme Court decision changed the
way special assessments may be levied and challenged. Based on that decision, staff
has been working with the City Attorney's office to see what impact that decision would
have on the proposed Citywide Street Lighting Assessment District. Following lengthy
discussions concerning the Assessment Engineer's Report prepared for our district, it
was determined that assessing all property owners in the City for street lights and traffic
signals on streets other than the property owners, may not be defendable in court.
Therefore, primary and secondary street lights would not be assessed to property
owners, unless their property is located on that type of street.
On August 19, 2008, staff presented a report to the City Council outlining options that
would satisfy the new Supreme Court ruling on levying assessments. The City Council
directed staff to assess the District based on its current contribution to the lighting
system plus district administration and a portion of rehabilitation costs. Based on a
proposed street lighting budget of $883,764, the City will pay $479,870 or 54% of the
assessment while the District will pay the remaining $403,894 or 46% of the street
lighting costs.
Proposed Citywide Street Lighting Assessment District — Three Zones
Staff is proposing to assess properties in the City based on their level of benefit from
street lighting. The City has been separated into the following three (3) zones based on
benefit level (see Attachment "A "),
• Zone 1— area with good lighting
• Zone 2— area with sporadic lighting
• Zone 3 — area with no lighting
The establishment of these three (3) zones will more equitably assess the cost of street
lighting to all property owners in the City. Once the new zones are established, the
existing six (6) zones in the City will be eliminated.
Proposed Citvwide Budget Assessments
The method of apportionment commonly used for districts formed under the 1972 Act is
a weighted portion of apportionment known as an Equivalent Benefit Unit (EBU)
Page 2 of 4
Mayor and City Council
September 2, 2008
methodology that utilizes the single - family home site as the basic unit of assessment.
Each single - family residential property is assigned one (1.00) EBU. The single - family
unit EBU will be the base value that all other properties (other than single family) are
compared and weighted against. Therefore, the EBU unit will be the determinant factor
in calculating each parcel's assessment (see Attachment "B ").
Consequently, to proportionally and equitably spread the district's portion for street
lighting cost, staff and Munifinancial apportioned budget costs based on the street
lighting benefit that the public and /or local residents receive, i.e., general vs. special
benefit assessment. A general benefit assessment is based on street lighting benefits
to the general public. Conversely, a special benefit assessment is based on direct
street lighting benefit to each specific street and parcel.
The total proposed citywide lighting budget assessment is $883,764 with 14,600 parcels
to be levied. As shown in Attachment "C ", the proposed Citywide street lighting
assessments for each zone are as follows:
Zone
Proposed Assessment
1
$24 per year or $2 per month (46 cents per week)
2
$10.12 per year or $0.84 per month (19 cents per week)
3
$0 assessment (no lights in the area and therefore, no direct street
lighting benefit to the pro owners
The above costs will be the maximum proposed assessment that each assessed parcel
will pay for 2009 - 2010 property tax roll, a 3% inflationary adjustment rate is proposed
to be added for each fiscal year thereafter to account for reasonable increases in
electricity and inflation that are inevitably associated with the ongoing maintenance and
operations of street lights. It should be pointed out that this is the maximum amount
that can be levied to each parcel based on their assigned equivalent benefit unit. In the
event the proposed annual budget for street lighting is less than the annual assessment,
the lower amount will be applied.
Conclusion
In order to establish the proposed Citywide street lighting assessment districts via the
Landscaping and Lighting Act of 1972 and Proposition 218, staff is recommending that
the City Council adopt Resolution Numbers 6641, 6642, and 6643.
The next step in the process will be public outreach efforts that include mailing of post
cards informing the property owners of the upcoming assessments and informational
meetings, September to October, followed by mailed ballots the first week of October
and a Public Hearing on November 18. Ballot results will be declared during the
December 2 Council meeting.
Page 3 of 4
Mayor and City Council
September 2, 2008
If the formation of the Citywide District fails, the City's general fund will have to shoulder
the entire cost to operate and maintain the street lighting system throughout the City at
approximately $885,000 per year beginning in July 1, 2010 or fiscal year 2010 -11,
when the City's existing lighting districts will expire. Because of this, major services in
the community such as park maintenance, street sweeping, general landscaping, tree
trimming, public safety, may be impacted to absorb the City's street lighting costs.
ENVIRONMENTAL IMPACT
The environmental assessment is not necessary for this evaluation.
FISCAL IMPACT
The total proposed citywide lighting budget assessment is $883,764 with 14,600 parcels
to be levied. Per City Council's direction, the proposed budget assessment for the
general fund's portion is $479,870 (the City's street lighting contribution), while the
special benefit or the,District's portion is $403,894. The District's share is based on its
current contribution to the lighting system plus District administration and portion of
rehabilitation costs.
Upon successful establishment of a Citywide street lighting assessment district, the LLD
of 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.
RECOMMENDATION
Adopt the following Resolutions for the Citywide Street Lighting District
formation via Landscaping and Lighting Act of 1972:
Resolution No. 6641 initiating the proceedings for the formation of the
Arcadia Citywide Lighting District 2009 -01: and the levy and collection of
assessments related thereto commencing with Fiscal Year 2009/2010
Resolution No 6642 approving the Engineer's Report regarding the
formation of the Arcadia Citywide Lighting District 2009 -01 • and the levv
and collection of assessments related thereto commencing with Fiscal
Year 2009 /2010
Resolution No. 6643 declaring its intention to form the Arcadia Citywide
Lighting District 2009 -01 and to conduct a property owner balloting on the
matter of new assessments related thereto commencing with Fiscal Year
2009/2010
Approved by:
Donald Penman M nager
PM:MA:ma
Attachments
Page 4 of 4
ATTACHMENT "A"
ARCADIA
STREETLIGHTING
L LLL1
ZONE 1
ZONE 2
MEEMEM
ZONE 3
PROPOSED LIGHTING DISTRICT
ATTACHMENT B
EQUIVALENT BENEFIT UNITS OR EBUs
Land Use
Benefit Unit Calculations
Single - Family Residential Property
1.000
per unit
Multi - Family Residential & Mixed Use Property
0750
0.625
0.500
0.375
0.250
per unit
per unit
per unit
per unit
per unit
(units 1 -5)
(units 6 -25)
(units 26 -50)
(units 51 -100)
(units greater than 100)
Condominium/Town -home Property
0.750
per unit
Developed Commercial /Industrial Property
4.000
per acre
(minimum 1.000 EBU; maximum 40.000 EBU)
Developed Hotel /Motel Property
6.000
per acre
(minimum 1.500 EBU; maximum 60.000 EBU)
Developed Institutional Property
2.000
per acre
(minimum 0.500 EBU; maximum 20.000 EBU)
Developed Public Property
2.000
per acre
(minimum 0.500 EBU; maximum 20.000 EBU)
Parking Lot/Limited Use Property
1.000
per acre
(minimum 0.250 EBU; maximum 10.000 EBU)
Vacant Property
0.500
per acre
(minimum 0.125 EBU; maximum 5.000 EBU)
Exempt Property
0.000
per parcel
Special Case Property
varied
based on circumstances associated with each parcel
ATTACHMENT C
Total
General
Special
Zonal
Zone 2
Zone 3
Budget
Benefit
Benefit
Allocation
Allocation
Allocation
Primary & Secondary Lights (Not Local Lights)
$ 300,770
$ 300,770
$ -
$ -
$ -
$ -
Local Street Light Improvements
476,090
476,090
458,350
17,740
Sub -total Annual Maintenance Budget
776,860
300,770
476,090
458,350
17,740
-
Rehabilitation
55,000
21,296
33,704
32,450
1,254
-
Administration
51,904
-
51,904
46,914
4,990
-
TOTAL ANNUAL BUDGET
883,764
322,066
561,698
537,714
23,984
City Contribution for General Benefit
(322,066)
(322,066)
-
-
-
-
City Contribution for Public Facilities
(10,666)
-
(10,666)
(10,150)
(516)
-
City Contribution for Special Benefit Reduction
(147,138)
-
(147,138)
(140,855)
(6,283)
-
322,066
General Fund Contribution
(479,870)
_(157,804)
(151,005
(
BALANCE TO LEVY
$ 403,894
$
$ 403,894
$ 386,709
$ 17,185
$ -
Total Parcels
16,586
13,254
1,608
1,724
Parcels Levied
14,617
13,033
1,584
0
Total EBU to be Levied
17,815.985
16,116.335
1,699.650
0.000
Proposed Maximum Rates
$24.00
$10.12
$0.00
(Proposed Rates to be Balloted)
RESOLUTION NO. 6641
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, INITIATING PROCEEDINGS
FOR THE FORMATION OF THE ARCADIA CITYWIDE
LIGHTING DISTRICT 2009 -1; AND THE LEVY AND
COLLECTION OF ASSESSMENTS RELATED THERETO
COMMENCING WITH FISCAL YEAR 2009 -2010
WHEREAS, the City Council 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 (hereafter
referred to as the "1972 Act ") desires to initiate proceedings for the formation
of the "Arcadia Citywide Lighting District 2009 -1" (hereafter referred to as
the "District "); and to levy and collect annual assessments to pay for the
operation, maintenance and servicing of public street lighting improvements
and appurtenant facilities related thereto; and
WHEREAS, the 1972 Act provides for the formation of an assessment
district pursuant to Chapter 2 Article 1 of the 1972 Act, and the levy and
collection of assessments by the County on behalf of the City pursuant to
Chapter 4 Article 2 of the 1972 Act; and
WHEREAS, the City has retained Willdan as the Engineer of Work,
for the purpose of assisting with the formation of the District, the
establishment of assessments, and the preparation and filing of an Engineer's
Report with the City Clerk in accordance with the 1972 Act and to assist with
the property owner ballot proceedings connected therewith pursuant to the
provisions of the California Constitution Article XIIID (hereafter referred to
as the "Constitution ").
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. IMPROVEMENTS. The proposed improvements
shall include the operation, maintenance and servicing of public lighting
improvements and appurtenant facilities in the City of Arcadia that have been
determined to be of special benefit to properties within the District. These
improvements may include, but are not limited to, the materials, equipment,
utilities, labor, contract services and incidental expenses necessary for the
ongoing maintenance, operation and servicing of such improvements and
appurtenant facilities within public rights -of -way or public areas. Maps
detailing the location and extent of the proposed improvements to be serviced
and maintained by the District are on file in the Office of Public Works
Services Department of the City of Arcadia and by reference these maps and
specifications are made part of this Resolution.
2
SECTION 2. TERRITORY. The boundaries of the proposed
District shall be coterminous with the boundaries of the City of Arcadia,
within the County of Los Angeles, State of California and shall include all
parcels within said boundaries. Reference is hereby made to the Los Angeles
County Assessor's maps for a detailed description of the lines and
dimensions of the parcels therein. The proposed District may include zones
of benefit where, by reason of variations in the nature, location, and extent of
the improvements, the various areas will receive differing degrees of benefit
from the improvements.
SECTION 3. ASSESSMENTS AND FINANCIAL
PROVISIONS. The proposed annual assessments for the District shall
provide a funding source for the ongoing annual expenses to maintain service
and operate local street lighting improvements that provide special benefits to
properties in the District. The net annual cost of providing such
improvements shall be collected on the County tax rolls as annual
assessments.
SECTION 4. ENGINEER'S REPORT. The City Council hereby
orders Willdan to prepare and file with the City Cleric an Engineer's Report
concerning the formation of the Arcadia Citywide Lighting District 2009 -1
3
and the levy of special benefit assessments for properties therein for the
ongoing maintenance, servicing and operation associated with the street
lighting that provides special benefits to those properties.
SECTION 5. 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
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
4
RESOLUTION NO. 6642
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, PRELIMINARILY APPROVING
THE ENGINEER'S REPORT REGARDING THE
FORMATION OF THE ARCADIA CITYWIDE LIGHTING
DISTRICT 2009 -1; AND THE LEVY AND COLLECTION OF
ASSESSMENTS RELATED THERETO COMMENCING
WITH FISCAL YEAR 2009 -2010
WHEREAS, the City Council has, by previous Resolution, ordered the
preparation of an Engineer's Report (hereafter referred to as "Report ")
regarding the formation of an assessment district to be designated as the
"Arcadia Citywide Lighting District 2009 -1" (hereafter referred to as the
"District ") and the proposed levy and collection of annual assessments for
local street lighting improvements, appurtenant facilities and activities related
thereto, pursuant to the provisions of the Landscaping and Lighting Act of
1 972, Part 2 of Division 15 of the Streets and Highways Code of California,
beginning with Section 22500 (hereafter referred to as the "1972 Act "); and
WHEREAS, a Report has been prepared and filed with the City Cleric
of the City of Arcadia in accordance with Article 4 of Chapter 1 (Sections
22565 through 22574) of the 1972 Act, said Report being entitled "City of
Arcadia, Arcadia Citywide Lighting District 2009 -1, Engineer's Formation
Report, Fiscal Year 2009/2010'; and
WHEREAS, the City Cleric has presented to the City Council said
Report as prescribed by Chapter 2, Article 1., Section 22586 of the 1972 Act;
and
WHEREAS, the City Council has examined and.reviewed the Report
as presented and is preliminarily satisfied with the Report, and each and all of
the budget items and documents therein, and it is further satisfied that the
proposed assessments have been spread in accordance with the special
benefits received from the proposed improvements as set forth in the Report.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. RECITALS. The preceding recitals are all true and
correct.
SECTION 2. REPORT CONTENT. The Report as presented
consists of the following:
2a) Plans and specifications that describe the District and
Improvements.
2b) Method of Apportionment that outlines the special benefit
conferred on properties within the District from the improvements; and the
2
calculations used to establish each parcel's proportional special benefit
assessment commencing in fiscal year 2009/2010 including the establishment
of:
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
and operation of street lighting improvements, thereby establishing the
maximum assessment rate authorized each fiscal year.
2c) The Budget that outlines the estimated annual expenses to
provide, maintain and the improvements, including incidental expenses
authorized by the 1972 Act.
2d) An Assessment Diagram that identifies the boundaries of the
District, the designated zones of benefit, and the associated lots, parcels and
properties included therein.
2e) An Assessment Roll containing the Assessor Parcel Numbers
that comprise the District and the proportional assessments cormmencing
Fiscal Year 2009/2010.
3
SECTION 3. REPORT APPROVAL. The Report is hereby
adopted on a preliminary basis (as submitted or amended), and ordered to be
filed in the Office of the City Clerk as a permanent record and to remain open
to public inspection.
SECTION 4. ASSESSMENTS. The proposed Assessment Rates,
Assessment Range Formula and method of apportionment described in the
Report are hereby approved on a preliminary basis, and the resulting
calculated Assessments shall be submitted to the property owners of record
within the proposed District for approval pursuant to the provisions of the
California Constitution Article XIIID and applicable provisions California
State law.
SECTION 5. The City Cleric shall certify to the adoption of this
Resolution.
[SIGNATURES ON NEXT PAGE]
4
Passed approved and adopted this day of 1 2008.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
5
CITY OF ARCADIA
ARCADIA CITYWIDE LIGHTING DISTRICT 2009 -1
ENGINEER'S FORMATION REPORT
FISCAL YEAR 2009/2010
i RCADI.A
INTENT MEETING: SEPTEMBER 2, 2008
PUBLIC HEARING: DECEMBER 2, 2008
WILLDAN ,
Financial Services
Corporate Office
Office Locations
27368 Via Industria
Anaheim, CA Orlando, FL
Suite 110
Lancaster, CA Phoenix, AZ
Temecula, CA 92590
Memphis, TN Sacramento, CA
Tel: (951) 587 -3500
Oakland, CA Seattle, WA
Tel: (800) 755 -MUNI (6864)
Fax: (951) 587 -3510
www.willdan.com
ENGINEER'S REPORT AFFIDAVIT
Formation of the
Arcadia Citywide Lighting District 2009 -1
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 Arcadia Citywide Lighting District
2009 -1 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 parcels
within the District. The undersigned respectfully submits the enclosed Report as directed
by the City Council.
Dated this day of 2008.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Arcadia
By:
Jim McGuire
Senior Project Manager
M
Richard Kopecky
R. C. E. # 16742
TABLE OF CONTENTS
INTRODUCTION
1
PART I - PLANS AND SPECIFICATIONS ............................... ..............................4
DESCRIPTION OF THE DISTRICT ........................................... ..............................4
DESCRIPTION OF IMPROVEMENTS AND SERVICES ................ ..............................5
Improvements and Services Authorized by the 1972Act ..... ..............................5
District Facilities and Improvements .................................. ............................... 6
PART II - METHOD OF APPORTIONMENT ..........................
BENEFIT ANALYSIS .................................. ..............................,
ASSESSMENT METHODOLOGY .................. ...............................
Zones Benefit ................................... ...............................
Equivalent Benefit Units ...................... ...............................
Allocation oflmprovement Costs ......... ...............................
ASSESSMENT RANGE FORMULA ................ ..............................�
PART III - DISTRICT BUDGET .................
PART IV - DISTRICT DIAGRAM
PART V - ASSESSMENT ROLL ....................
............................ 8
............................ 8
..........................10
......................11
.....................13
............................ 22
.......................... 24
......... ............................... 25
......... ............................... 27
......... ............................... 29
City of Arcadia Engineer's Formation Report
Arcadia Citywide Lighting District 2009 -1
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 within the City limits of Arcadia to be designated as the:
Arcadia Citywide Lighting District 2009 -1
(hereafter referred to as "District"), for the purpose of funding in part, the ongoing
operation, maintenance and servicing of public lighting improvements within the City based
on the proportional special benefits to properties within the City. The City Council proposes
to form the District and to levy and collect annual assessments on the County tax rolls to
fund such improvements and appurtenant facilities authorized pursuant to the Landscape and
Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code commencing moth
522500 (hereafter referred to as the "1972 Act "). In conjunction with the authority 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 ").
This Engineer's Report (hereafter referred to as "Report' has been prepared in connection
with the establishment of said District and the levy and collection of annual special benefit
assessments related thereto commencing in fiscal year 2009/2010, pursuant to Chapter 1,
Article 4 beginning with X22565 of the 1972 Act and the provisions of the California
Constitution. Said District shall include all lots and parcels of land within the City of Arcadia
at the time this Report was prepared, the boundaries of which are coterminous with the City
boundaries.
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 properties 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 special benefit assessments in accordance with the
provisions of Government Code, Section 53753, and California Constitution, Article XIIID
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 ley of assessments. Upon conclusion of the public hearing,
property owner protest ballots received will be opened and tabulated to determine whether
majority 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 District, and the proposed levy of assessments described herein. If majority
protest does not exist, the City Council may, by resolution, adopt this Report (as submitted
� WILLDAN
Financial Services
Pape 1
Cite ofArcadla Engineer's Formation Report
Arcadia Citywide Lighting District 2009 -1
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
provided 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
2009/2010.
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 (5) parts:
Part I
Plans and Specifications: Provides an overall description of the District and the
improvements. While it has been determined that public lights, specifically local street
lighting, is provided throughout most of the City and these improvements will provide
special benefits to parcels within the District that are directly associated with those lights, it
is also recognized that local street lights do not exist on all streets within the City and some
areas of the City have less local street lights than other areas of the City (location and
proximity). Therefore, the District -1vill initially be formed with three (3) zones of benefit
(hereafter referred to as "Zones "), which are described in more detail in this section of the
Report as well as Part II (Method of Apportionment). A diagram showing the exterior
boundaries of the District and the Zones established therein is attached and incorporated
herein under Part IV (District Diagram).
Part II
Method of Apportionment: 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
pro-,ides for an annual adjustment to the maximum assessment rates initially established by
this Report. This Assessment Range Formula limits increases on future assessments, but also
provides for reasonable cost adjustments due to inflation in subsequent fiscal years without
the added expense of additional property owner protest ballot proceedings to approve such
anticipated cost increases.
V/WILLDAN
Fm ....I s M Page 2
City of Arcadia Engineer's Formation Report
Arcadia Ctt v=de Lighting District 2009 -1
Part III
District Budget: An estimate of the annual funding required for the estimated annual
maintenance, servicing and operation of street lighting improvements within the District and
specifically the costs associated w ith the improvements determined to be of special benefit to
parcels within the District. The budget identifies an estimate of anticipated ongoing annual
expenses to service, maintain and operate existing street lighting improvements throughout
the City and each respective Zone's proportional special benefit costs including, but not
limited to, servicing of the street lights and related facilities, energy costs and related
incidental expenses authorized by the 1912 Act. The budget establishes an initial calculated
maximum assessment rate for each Zone of the District. Because the annual cost of
maintaining these improvements will clearly be affected by inflation over the ,years, an annual
inflationary adjustment (.assessment Range Formula) will be applied in subsequent fiscal
pears to the assessment rates established herein.
Part IV
District Diagram: A Diagram showing the exterior boundaries of the District and the
current Zones therein is provided in this section of the Report and includes all parcels of
land that will receive special benefits from the improvements and for which an assessment
may 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 within the District and its corresponding
maximum assessment amount to be presented to the property owners of record in the
protest ballot proceedings. The proposed maximum assessment amount for each parcel is
based on the parcel's proportional special benefit as calculated in accordance with the
method of apportionment and the proposed initial maximum assessment rates outlined in
the budget.
N4/WILLDAN Page
Financal Services
City of Arcadia Engineer's Report
Arcadia Citywide Ligbiing Dzdriet 2009 -1
Part I — Plans and Specifications
Description of the District
The territory- within the District consists of all lots, parcels of land and subdivisions within
the City of Arcadia, the boundaries of which are coterminous with the City's boundaries and
the meets and bounds that define the City boundaries are incorporated herein as the meets
and bounds of this District. An Assessment Diagram incorporated herein under Part IV of
this Report, outlines the boundaries of the District and the Zones therein. This diagram
incorporates all lots, parcels and subdivisions of land within the District and Zones as the
same existed at the time this Report was prepared. The District generally includes all or a
portion of the parcels identified on the following Los Angeles County Assessor's Parcel Map
Books:
5378; 5379; 5382; 5383; 5385; 5764; 5765; 5766; 5769; 5770; 5771;
5772; 5773; 5775; 5776; 5777; 5778; 5179; 5780; 5781; 5782; 5783;
5784; 5785; 5787; 5788; 5789; 5790; 5791; 8501; 8503; 8509; 8510;
8511; 8532; 8538; 8541; 8545; 8571; 8572; 8573; 8586; 8587
Within the boundaries of the District, three (3) Zones will initially be established to identify
parcels and areas within the District that for reasons of variations in proximity and extent of
the improvements, it has been determined that the parcels within these Zones receive
differing degrees of special benefits from the improvements and services to be provided by
the District. Zone 01 and Zone 02 have been established to incorporate properties that will
receive direct and particular special benefits from local street light improvements based on
factors that consider their proximity and nexus to the various street lights. Zone 03
incorporates properties that have limited or no local street lights associated with their
development and /or property and are considered to receive only general benefits from the
City's street lights. The three Zones within the District and the improvements and benefits
associated with the properties therein are described in more detail in Part II (Method of
Apportionment) section of this Report.
)VWILLDAN
Financial Senncea Pa, e 4
City ofArcadia
Engineer's Report
Arcadia Citywide Lighting District 2009 -1
Description of Improvements and Services
Improvements and Services Authorized by the 1972 Act
As generally defined by the Landscaping and Lighting Act of 1972 and applicable to this
District, the improvements and associated assessments may include but are not limited to
some or all of the following:
d• The installation or construction of public lighting facilities;
The installation or construction of any facilities which are appurtenant to any of the
foregoing or which are necessary or convenient for the maintenance or servicing
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;
:• The maintenance or servicing, of any of the foregoing including the furnishing of
services and materials for the ordinary and usual maintenance, operation, and
servicing of any improvement including but not limited to:
➢ Repair, removal, or replacement of all or any part of any improvements;
➢ The cleaning, sandblasting, and painting of improvements to remove or cover
graffiti;
➢ Electric current or other illuminating agent for any public lighting facilities;
The collection and accumulation of funds as reserves for the purpose of ensuing
appropriate cash flow for operational activities and long -term maintenance expenses.
Oo 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 the proceedings held for the approval of a new or
increased assessment.
➢ Any other expenses incidental to the construction, installation, or maintenance
and servicing of the improvements;
,O/ WILLDAN Pages
r ..a Se.L.S
City of Arcadia Engineer's Report
- Arcadia Citywide lighting District 2009 -1
District Facilities and Improvements
Detailed maps and descriptions of the location and extent of the District's existing street
lighting improvements are on file in the Office of Public Works Services Department, and
by reference these documents are made part of this Report. The following table provides a
summary of the street light inventory within the City at the time this Report was prepared
and upon which the assessments for the District and specifically fiscal year 2009/2010 have
been established:
Table I: Street Light Inventory
Edison -Owned City -Owned Total
Lights Lights Lights
District-wide Street Lights (Primary & Secondary Streets)
974
388
1,362
Local Street Lights (On Primary & Secondary Streets)
418
166
584
Local Street Lights (Residential & Neighborhood Streets)
1,138
854
1,992
Total Street Lights
2,530
1,408
3,938
Approximately sixty -five percent (65 %) of the streetlights within the District are owned and
maintained by Southern California Edison Company. The remaining thirty-five percent
(35 %) of the streetlights, the traffic signals and safety lights are owned by the City of Arcadia
and are maintained by the City.
The maintenance and servicing of the Southern California Edison Company -owned
streetlights is furnished by the Southern California Edison Company or by its successors or
assignees. The rates charged by the Edison Company include both the power and
maintenance costs and are regulated and authorized by the Public Utilities Commission of
the State of California. The City of Arcadia Public Works Services Department furnishes the
maintenance and servicing of the City -owned streetlights. The energy for City -owned
streetlights is also provided by Southern California Edison Company and the rate charged to
the City is also regulated and authorized by the Public Utilities Commission.
While the annual cost of providing the Southern California Edison Company -owned
streetlights versus the City -owned streetlights may vary slightly, the difference in annual cost
per light is considered negligible and has no bearing on the benefits (general or special) such
lights provide to properties within the District.
*"WILLDAN
Flrenual services Pane 6
GO ofAnadt'a
Engineer's Report
Arcadia Goaide Lighting District 2009 -1
The maintenance, operation and servicing of the District lighting improvements generally
include the furnishing of labor, materials, equipment and electricity for the ordinary and
usual maintenance, operation, and servicing of street lights within the public right -of -ways
and easements dedicated to the City. These activities include but are not limited to:
:• Regular maintenance and servicing the street light systems and traffic control devices
including, cleaning, sandblasting, repainting of poles and equipment to remove or
cover graffiti and as needed prevent corrosion; repair or replacement of signals and
lighting standards, bulbs and fixtures; and furnishing of electric current or other
illuminating agent.
:• Periodic repair and rehabilitation of the street lighting system including replacement
of old equipment with new or reconditioned equipment; and repair, removal or
replacement of related equipment as required including but not limited to lighting
fixtures, poles, meters, conduits, electrical cable and relocation of street light facilities
as necessary including the purchase and installation of related equipment and
facilities.
Specifically not included in the District budget and proportional special benefit
assessments is the installation and construction of new street lights and /or
conversion of existing street lights to decorative street lights or electrical system
conversions (i.e. 6.0 electrical systems to 120 volt systems). Such projects and
expenditures would be considered Capital Improvement Projects that are bevond the
purpose of the assessments for this District. If such projects are needed or desired,
the cost of such would require funding from other sources including but not limited
to an additional special assessment on the affected properties and /or funds
contributed by the City.
WILLDAN I
hwdal Services
rn8,oC 7
City of Arcadia Engineer's Report
Arcadia Citywide Lighting District 2009 -1
Part II — Method of Apportionment
Based on the provisions of the 1972 Act and the California Constitution, this section of the
Report summarize an analysis of the benefits provided by the City's existing street lighting
improvements and services to be provided by the District (both general and special); the
resulting District structure (zones of benefit); the formulas used to calculate each parcel's
proportional special benefit and assessment obligation based on the entirety of the cost to
provide the improvements (method of assessment); and the establishment of an inflationary
formula for such assessments to address anticipated cost increases due to inflation
(Assessment Range Formula).
Benefit Analysis
The 1972 Act permits the establishment of assessment districts by agencies for the purpose
of providing certain public improvements, which include but are not limited to the
construction, maintenance, operation, and servicing of public street lighting improvements
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 district may be apportioned by any
formula or method which fairly distributes the net amount among all assessable lots or parcels in
proportion to the estimated benefits to be received by each such lot orparce! from the improvements. "
In conjunction with the provisions of the 1972 Act, the California Constitution Article
XIIID addresses several key criteria for the leery of assessments, notably:
Article XIIID Section 2d defines District as:
`District means an area determined by an agency to contain all parcels which will receive a special
benefit from a proposed public improvement or proper related service';
Article XIIID Section 2i defines Special Benefit as:
Special benefit" mean. r a particular and distinct ben ft over and above general benefits conferred on re al
proper6 , located in the district or to the public at large. General enhancement of proper�e value does not
constitute ".special ben f t. "
Article XIIID Section 4a defines proportional special ben ft assessments as:
An agency which proposes to levy an assessment shall identi& all parcels which will have a special
benefit conferred upon them and upon which an assessment will be imposed The proportionate special
ben ft derived by each identified parcel shall be determined in relationship to the entirety of the capital
cost of a public improvement, the maintenance and operation eapen.res of a public improvement, or the
cost of the property related service being provided No assessment shall be imposed on any parcel which
exceeds the reasonable cost of the proportional pedal benefit conferred on that parted "
WILLDAN
I Page 8
Cite of Arcadia Engineer's Report
Arcadia Citywide Lighting District 2009 -1
The method of apportionment (method of assessment) established herein is based on the
premise that each assessed property receives special benefits from local street lighting
improvements and services that are funded by such assessments, and the assessment
obligation for each parcel reflects that parcel's proportional special benefits as compared to
other properties that receive special benefits as outlined in the preceding definitions
established in the 1972 Act and the California Constitution.
To identify and determine the proportional special benefit to each parcel within the District,
it is necessary to consider the entire scope of the improvements provided as well as the
properties that benefit from those improvements. The District's improvements and the
associated costs described in this Report, have been carefully reviewed and have been
identified and allocated based on a benefit rationale and calculations that proportionally
allocate the net cost of only those improvements determined to be of special benefit to
properties within the District. The location and extent of the various public street lighting
improvements within the District and the associated costs have been identified as either
"general benefit" (not assessed) or "special benefit ".
In reviewing the location and extent of the City's street lighting improvements (street lighting
map) and the relationship these improvements have to properties within the District, it has been
determined that approximately sixty -five (65 %) of the City's overall street lights serve as local
street lighting improvements that were installed in connection with the development of nearby
properties or would otherwise be necessary for the development of such properties to their full
and best use. As such, these local lighting improvements have a d and particular relationship
and special benefits to the properties located on or near those street lighting improvements and
streets.
While the extent and location of local street lighting improvements in the City has typically
resulted from property development or the specific needs of nearby properties, other street light
improvements such as traffic signals and safety lights at major intersections as well as a
significant portion of the street lights located on primary and secondary streets, were installed
primarily to improve the overall safety of the community and traffic circulation and are more of
an indirect result of property development.
Based on a report completed by Meyer, Mohaddes Associates, in March 2006 regarding the
City's Transportation Impact Fee Program, it is estimated that the number of vehicular trips
generated by properties within the City account for approximately 57% of the total daily trips on
the City's primary and secondary streets, with 43% being pass through trips from outside the
City. Utilizing this information as a part of the analysis for separating general benefits from
special benefits it is reasonable to conclude that 43% of the street light improvements and
associated costs of the City's primary and secondary street lights can be identified as general
benefit to the public at large. Likewise, it is reasonable to apply this same 43% trip rationale to
the vehicular trips generated by properties within the City (57% of the total trips) to establish the
general benefits conferred on real property located in the District (43% x 57% = 245 %).
Collectively this would suggest that approximately sixty -eight percent (43% + 24.5% = 67.5
of these street lights and therefore the associated costs, are traffic related improvements along
with the City's traffic signals and safety lights which together improve the overall safety of the
community and the properties therein.
WILLDAN
r .uai sary ws Page 9
City of Arcadia Engineer's Deport
Arcadia Ci� Lighting District 2009 -1
In a separate evaluation of the City's overall street light improvements and the properties within
the District, for those streets and properties that have local street lighting improvements in close
proximity to those properties, approximately seventy percent (70 1 /o) of the properties are located
on tertiary streets (local or neighborhood streets) with the remaining thirty percent (30 %) of the
properties being located on streets designated as primary and secondary streets. While there is no
direct correlation between the percentage of the City's parcels located on primary and secondary
streets and the trip generation analysis above for such streets, together these independent
evaluations of the improvements and the properties in the District suggest that thirty percent of
the street lighting on the City's primary and secondary streets are considered local street lighting
improvements and have a direct and particular relationship and special benefits to the properties
located on or near those street lighting improvements. The remaining street lights on the
primary and secondary streets and the associated costs to provide and maintain those specific
street lights are largely considered to be a general benefit to both the public at large and to real
property within the District and any special benefits such improvements may provide to
properties within the District is less quantifiable and more indirect.
Therefore, as demonstrated by Table I (Street Light Inventory) presented in Part I — Plans and
Specifications of this Report, seventy percent (70 %) of the street lights on primary and
secondary streets are considered a District -wide street lights (1,362 lights), for which the benefits
are considered general and the costs are not included in the District assessments. The remaining
street lights on primary and secondary streets (584 lights), along with the other 1,992 lights on
the tertiary streets (local or neighborhood streets) in the Cit are considered local street lights
that provide direct special benefits to the nearby properties associated with and that facilitated
the need for such lighting.
The District Budget incorporated herein under Part III of this Report, provides a summary of
the total estimated cost of providing the various street light improvements and the allocation
of those costs as general benefit versus special benefit to properties within each of the
District Zones.
Assessment Methodology
In order to calculate and identify the proportional special benefit received by each parcel and
their proportionate share of the improvement costs it is necessary to consider not only the
improvements and services to be provided, but the relationship each parcel has to those
improvements as compared to other parcels in the District
Article XIIID Section 4a reads in part:
"...The proportionate special benefit derived by each identifiedparcel shall be determined in relationship
to the entirety of the capital cost of a public improvement or the maintenance and operation expenses of a
public improvement or for the cost of the property related service tieing provided. No assessment shall be
imposed on any parcel which exceeds the reasonable cost of the pmportional special benefit conferred on
that parcel. "
Street lighting like most public improvements, provide varying degrees of benefit (whether they
be general or special) based largely on the extent of such improvements, the location of the
improvements in relationship to the properties, and the reason or need for such improvements
WILLDAN
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City of Arcadia Engineer's Report
Arcadia Citywide Lighting District 2009 -7
as it relates to individual properties. In this District these issues are each considered in
determining the proportional special benefit to each parcel by the use of benefit zones that
reflect the extent and location of the improvements in relationship to the properties, as well as
the specific use and size of each property which reflects each parcel's need for such
improvements and its reasonable cost of the proportional special benefit as compared to other
properties that benefit from those improvements.
Zones of Benefit
In an effort to ensure an appropriate allocation of the estimated annual cost to provide the
District improvements based on proportional special benefits, this District will be
established with benefit zones ( "Zones ") as authorized pursuant to Chapter 1 Article 4, Section
22574 of the 1972 Act:
'The diagram and assessment may classify various areas within an assessment district into different Zones
where, by reason of variations in the nature, location, and extent of the improvements, the various areas
will receive differing degrees of benefit from the improvements. A Zone shall consist of all territory wbicb
will receive substantially the same degree of benefit from the improvements. "
While the California Constitution requires that "The proportionate special benefit derived by each
ident fled parcel shall be determined in relationsbip to the entirely of the capital cost of a public improvement
or the maintenance and operation expenses of a public improvement...'; it is reasonable to conclude
that certain street lights (i.e. specific lights on primary and secondary streets) have been
installed primarily for the purpose of nighttime traffic mitigation and will benefit both the
community as a whole and the public at large. On the other -hand, local street lighting
improvements have been installed in connection with the development of nearby properties or
would otherwise be necessary for the development of such properties.to their full and best use;
however, these improvements are not mutually exclusive or typically isolated to a particular
parcel but are rather shared and directly effect entire neighborhoods or groups of parcels.
The location and extent of the specific local street light improvements in relationship to
those neighborhoods or groups of parcels immediately adjacent or in close proximity to
those improvements must be considered.
Based on a through review of the location and extent of the District's street lighting
improvements and their direct proximity and relationship to surrounding properties it has
been determined that there are clear and definable differences in the level of local street
lighting in various =as of the District. In recognition of these differences, the District shall
initially be established with three (3) non - contiguous Zones to reflect the proportional
special benefits that various properties receive from specific local street light improvements.
The following provides a description of the three Zones:
Zone 01
Zone 01 incorporates and includes those parcels within the District that receive direct special
benefits from local street light improvements that were installed in connection with the
development of the parcel or would otherwise have been required or necessary for the
development or future development of such property to its full and best use; and the overall
proximity and spacing of local street lighting in the area is consistent with the City's typical
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City ofArcadia Engineer's Report
Arcadia Citywide Lighting District 2009 -1
intensity and spacing standards. This Zone represents approximately 80% of the parcels in
the District and may include, but is not limited to:
Parcels that are within 250 feet of a street light.
Parcels that are part of a single -family residential subdivision (tract) in which the
average distances from a street light is less than 200 feet;
:• Parcels that are part of a residential subdivision other than a single -family residential
subdivision (i.e. condominium projects, apartments or other residential properties) in
which the street frontage for the development (common area.lot or actual parcel) is
within 200 feet of a street light.
Non- residential properties (parcels or overall developments) that are within 200 feet
of a street light on a street that is adjacent to, used, or could be used to access the
property. These properties include both developed and undeveloped properties.
Zone 02
Zone 02 incorporates and includes those parcels within the District that receive direct special
benefits from local street light improvements that were installed in connection with the
development of the parcel or were installed specifically for the properties in that area, but the
overall proximity or extent of the local street lighting associated with the parcel is less than
the criteria established for Zone 01. This Zone represents slightly less than 10% of the
parcels in the District and may include, but is not limited to:
Parcels that are part of a single - family residential subdivision (tract) in which the
average distances from a street light is greater than 200 feet, but there are street lights
located along the street that the parcel fronts or along adjacent streets within the
development (possibly lights on the perimeter of the development). (Note: parcels
that are within such subdivisions that may be directly adjacent to or in closer
proximity to a specific street light shall be assessed the same as other parcels in that
subdivision);
Parcels that are part of a residential development other than a single - family
residential subdivision (i.e. condominium projects, apartments or similar residential
properties) in which the street frontage for the development (common area lot or
actual parcel) is within 400 feet of a street light, but more than the 200 feet
established for Zone 01.
s Non- residential properties (parcels or overall developments) that are within 400 feet
of a street light on a street that is adjacent to, used, or could be used to access the
property. These properties include both developed and undeveloped properties.
Zone 03
Zone 03 incorporates and includes those parcels within the District that are not included in
Zones 01 or 02. It has been determined that these parcels have limited or no local street light
improvements w ithin their immediate proximity. Because theses parcels currently derive only
general benefits from the District's street lighting improvements (lighting on priman and
secondary streets) these properties shall not be assessed. This Zone currently includes
slightly more than 10% of the parcels in the District
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City of Arcadia Engineer's Report
Arcadia Gomde Lighting Ditrict 2009 -1
Details regarding the location and extent of the street lighting improvements within the
District and the Zones therein are on file in the Office of Public Works Services Department
and by reference these documents are made part of this Report. A diagram showing the
exterior boundaries of the District and the three Zones therein is attached and incorporated
herein under Part IV (District Diagram) of this Report.
Equivalent Benefit Units
In addition to the use of Zones, the method of apportionment established for this District to
reflect the proportional special benefit of each parcel utilizes a weighted methodology of
apportionment typically referred to as an Equivalent Benefit Unit (EBU) methodology. This
method of apportionment establishes the typically detached single - family home site as the
basic unit of assessment. A single - family residential unit is assigned one (1.0) Equivalent
Benefit Unit (EBU) and other property types (land uses) are proportionately weighted
(weighted EBU) based on a benefit formula that equates each property's specific
characteristics and special benefits to that of the single - family residential unit. This
proportional weighting may be based on several considerations that may include, but are not
limited to: the type of development (land use), development- status (developed versus
undeveloped), size of the property (acreage or units), vehicular trip generation, street
frontage, densities or other property related factors including any development restrictions
or limitations; as well as the property's location and proximity to the improvements (which is
addressed by its Zone designation).
For the improvements and assessments outlined in this Report, it has been determined that
the most appropriate proportional special benefit calculation for each parcel is reasonably
determined by three basic property characteristics:
Location — As previously noted, each parcel in the District shall be identified and
grouped into one of three Zones based on each parcel's proximity and relationship
to the District improvements;
Land use — Commercial /Industrial Use; Residential Use, Institutional Use, Vacant
Land (Undeveloped Property), Public Property etc.; and,
Property Size — Acreage for non - residential properties; Units for residential
properties. Property size (acreage or units) provides a definable and comparative
representation of each parcel's proportional special benefit not only to similar types
of properties but to other properties as well. The size of a property provides an
appropriate and overall reflection of numerous considerations associated with each
parcel's special benefits including vehicular trip generation, average street frontage
and development densities.
The following outlines the special benefits and equivalent benefit unit calculations to be
applied to each of the various land use classifications identified for this District to establish
each parcel's proportional special benefit compared to other parcels within each respective
Zone of the District:
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Single - Family Residential Property — This land use is defined as a fully subdivided
residential home site with a single residential unit developed on the property. The special
benefits that local street lighting provides to such properties include, but are not limited to:
Direct and /or ambient lighting of the property and the immediate area (street and
sidewalk) providing improved nighttime visibility;
Reduces property- related crimes (especially vandalism) commonly associated with poorly
lighted areas;
.• Improved nighttime ingress and egress to the property
For purposes of establishing the proportional special benefits and equivalent benefit units
for other land uses in this District, the single -family residential land use is designated as the
basic unit of assessment and shall be assigned 1.000 EBU per parcel (unit).
Multi - Family Residential & Mixed Use Property — This land use is defined as a fully
subdivided residential parcel that has more than one residential unit developed on the parcel.
(This land use includes apartments, duplexes, triplexes, etc., but does not generally include
condominiums, town- homes). This land use designation also includes properties identified
by the County Assessor's Office as mixed use property for which there is more than one
residential unit (known number of residential units) associated with the property and for
which the parcel's primary use is residential, but may also include a commercial component
or unit associated with that property. The special benefits that local street lighting provides
to such properties include, but are not limited to:
e- Direc and /or ambient lighting of the property and the immediate area (street and
sidewalk) providing improved nighttime visibility;
Reduces property - related crimes (especially vandalism) commonly associated with poorly
lighted areas;
:• Improved nighttime ingress and egress to the property.
Although multi- family residential properties receive similar special benefits to that of single -
family residential property and an appropriate and comparative calculation of proportional
special benefits is reasonably reflected by the parcel's total number of residential units, it
would not be reasonable to conclude that on a per unit basis, the benefits are equal. Studies
have consistently shown that multi- family units impact public infrastructure at reduced levels
compared to a single - family residence, which is reflective of their reduced structure size, trip
generation and need for various public improvements. Furthermore, as the density, (number
of units per parcel) increase, the average distance from the street light improvements tend to
increase and the number of vehicular trips generated tend to decline because the population
density per unit tend to decrease (largely because of reduced unit sizes). Based on these
considerations, it is reasonable to conclude that the actual number of street lights per unit is
less than that of a single - family residential property and appropriate weighting of the
proportional special benefit per unit for multi - family residential properties as compared to a
WILLDAN
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Arcadia ClO=& Lighting District 2009 -1
single - family residential is best represented by the following sliding scale: 0.750 EBU per unit
for the first 5 units; plus 0.625 EBU per unit for units 6 through 25; plus 0.500 EBU per unit
for units 26 through 50; plus 0.375 EBU per unit for units 51 through 100; plus 0.250 EBU
per unit for units 101 or above.
Condominium /Town -home Property — This land use is defined as a fully subdivided
residential condominium or town -home parcel that typically has one residential unit
associated with each Assessor's Parcel Number, but is pan of a multi-unit development for
which each condominium or town -home parcel shares or has common interest (common
area) with the other residential parcels in that development. The special benefits that local
street lighting provides to such properties include, but are not limited to:
e Direct and /or ambient lighting of the property and the immediate area (street and
sidewalk) providing improved nighttime visibility;
Reduces property - related crimes (especially vandalism) commonly associated with poorly
lighted areas;
b Improved nighttime ingress and egress to the property.
The development attributes of condominiums and town -homes tend to be a blend of the
single -family residential and multi- family residential properties. Like multi- family residential
properties, individual condominium and town -home units (individual parcels) within such
developments may not have actual street frontage where the local street light improvements
are located, but rather the common area lot which they share has street frontage. (In most
cases, each residential unit fronts a private road or driveway that directly accesses the street
where the local street light improvements are located). Because condominium and town -
home properties represent individual residential units that are privately owned, like single -
family residential properties these properties tend to be owner occupied with relatively fewer
vacancies per unit than multi- family residential properties, which in turn represents greater
average trip generation per unit than multi- family residential properties. However, because
this property type usually has a much higher development density (greater number of units
per acre) than single - family residential properties the actual number of street lights per unit is
clearly less than that of a single - family residential property.
In consideration of the special benefits associated with these properties and the development
characteristics discussed above, it has been determined that an appropriate allocation of
special benefit for condominiums, town -homes and similar residential properties is best
represented by an assignment of 0.750 EBU per unit. (Because these parcels typically
represent a single residential unit or small group of units that are each privately owned, no
adjustment for multiple units is applied to this land use as it is for multi- family residential
properties).
Developed Commercial/ Industrial Property — This land use is defined as a developed
property with structures (buildings) that is used or may be used for commercial purposes,
whether the structures are occupied or not. This land use does not include parcels for which
WILLDAN
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City of Arcadia Engineer's Report
Arcadia Cidymide Lsghting District 2009 -1
the primary use of the property is considered residential or Hotels and Motels (transient
residential). This land use classification includes most types of commercial enterprises
including but not limited to commercial retail; food services; banks; shopping centers;
recreational facilities; office buildings and professional buildings, as well as industrial
properties including service centers; warehousing and manufacturing. This land use
classification also includes any parcel that may incorporate a single residential unit, but is also
used in whole or in part for commercial purposes. The special benefits that local street
lighting provides to such properties include:
:• Direct and /or ambient lighting of the property and the immediate area (street and
sidewalk) providing improved nighttime visibility;
o Reduces property- related crimes (especially vandalism) commonly associated with poorly
lighted areas;
3 Improved nighttime ingress and egress to the property;
Increased accessibility and /or hours of operation that result from adequate nighttime
lighting on the streets near or adjacent to the property,
d• Greater nighttime visibility of the property and associated business with the property.
Clearly, the presence of local street lighting or the lack thereof has a direct and distinct
impact on commercial /industrial properties and the businesses associated with those
properties. Utilizing trip generation data outlined by the Institute of Transportation
Engineers Informational Report, Seventh Edition; commercial /industrial properties generate
on average approximately four (4) times the daily vehicular trips per acre than the trips
generated by a single - family residential property (957 trips per single - family residential unit
compared to 42.32 trips per acre for commercial properties). While the actual daily trips
generated by a particular commercial /industrial property, may be greater or less than this
average, it does provide a reasonable indicator of the proportionality of the special benefits
associated with local street lighting for such properties. In support of this finding, an analvsis
of development densities in the City indicates that on average, single - family and
condominium developments yield approximately 4.06 residential units per acre.
Although the preceding evaluations suggest that the direct proportional special benefits to
commercial /industrial properties is reasonably reflected by an apportionment of 4.000 EBU
per acre, because most commercial /industrial parcels represents a separate and independent
commercial enterprise or business with immediate proximity to local street lighting, it has
been determined that the proportional special benefit for any individual commercial or
industrial parcel is at least equal to that of a single - family residential property. Therefore, a
commercial/ industrial parcel that is less than one - quarter of an acre in size shall be assigned
1.000 EBU (minimum EBU). Likewise, it is reasonable to conclude that there is a limit to the
proportional special benefit that any single parcel receives from local street lights (maximum
EBU). In an analysis of the average street frontage and number of lights per acre for various
land use classifications, it has been determined that commercial /industrial parcels shall not
WILLDAN Page 16
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City of Arcadia Engineer's Report
Arcadia 60wide lighting District 2009 -1
be assessed for any acreage greater than ten (10.00) acres, which sets the maximum EBU at
40.000 EBU for this land use classification.
Developed Hotel /Motel Property — Although Hotel /Motel Properties are certainly
viewed as a commercial enterprise, these properties clearly have a more significant nighttime
use and traffic generation than other commercial /industrial properties that result from their
transient residential activities. The special benefits that local street lighting provides to such
properties include:
Direct and /or ambient lighting of the property and the immediate area (street and
sidewalk) providing improved' nighttime visibility;
:• Reduces property- related crimes (especially vandalism) commonly associated with poorly
lighted areas;
Improved nighttime ingress and egress to the property;
:• Increased use of the property that result from adequate nighttime lighting immediately
adjacent to or near the property which is essential to the extended nighttime operation
associated with these properties;
r Greater nighttime visibility of the property that improves potential customer attraction
thereby increasing business activity and use of the property.
Clearly, the presence of local street lighting or the lack thereof can have a direct and
significant impact on hotel and motel properties because of their heightened nighttime
business activities. To reflect this increased proportional special benefit resulting from higher
nighttime use and need for local street lighting as compared to other commercial /industrial
properties, the proportional special benefits and assessments for this land use classification
shall be based on 6.000 EBU per acre. As with commercial /industrial properties, minimum
and maximum acreage limits shall be applied in calculating each parcel's individual
assessment. These acreage limits result in a minimum Equivalent Benefit Unit of 1.500 EBU
for parcels less than one - quarter of an acre and a maximum Equivalent Benefit Unit of
60.000 EBU for parcels greater than ten acres.
LDAN
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Developed Institutional Property — This land use is defined as developed private
properties used for the purposes of public related services or activities, including but not
limited to Colleges, Private Schools, Places of Worship, Day Care Centers, Fraternal
Organizations, Hospitals, Convalescent or Retirement Homes, or other similar public service
or assembly type properties. The special benefits that local street lighting provides to such
properties include:
8• Direct and /or ambient lighting of the property and the immediate area (street and
sidewalk) providing improved nighttime visibility,
o Reduces property- related crimes (especially vandalism) commonly associated with poorly
lighted areas;
Improved nighttime ingress and egress to the property.
While properties in this land use classification are generally considered non - residential
properties, it has been determined that this land use classification clearly receives less special
benefit form local street lighting than commercial /industrial properties based on several
considerations: they represent businesses/ operations that provide public related or
community services (educational, medical care, religious etc.); they are generally a non -profit
organization; and they have significantly less nighttime use and trip generation. Based on the
special benefits that local street lighting provides to such properties and in consideration of
their limited nighttime use, the Equivalent Benefit Units applied to these properties shall be
based on 2.000 EBU per acre with the same minimum and maximum acreage limits that are
applied to other acreage -based properties. These limits result in a minimum Equivalent
Benefit Unit of 0.500 EBU for parcels less than one - quarter of an acre and a maximum
Equivalent Benefit Unit of 20.000 EBU for parcels greater than ten acres.
Developed Public Property — This land use is defined as developed public or government
owned property used for public related services or activities, including but not limited to city
facilities including parks, community centers, fire and police stations, and city offices; county
or state offices and facilities; federal, state or county court facilities; US postal service
facilities; public schools; public utility facilities or offices; or other similar developed public
properties. The special benefits that local street lighting provides to such properties include:
Direct and /or ambient lighting of the property and the immediate area (street and
sidewalk) providing improved nighttime visibility;
Reduces property - related crimes (especially vandalism) commonly associated with poorly
lighted areas;
Improved nighttime ingress and egress to the property.
While many of these properties have the potential to be converted or utilized as commercial
or other non - residential enterprises, because their purpose and function is specifically for
public related services and activities and they generally have no or limited nighttime use and
trip generation, which is similar to Institutional properties. Based on the special benefits that
)V WILLDAN I PagelB
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City ofArcadia Engineer's Report
Arcadia Cidymide Lighting District 2009 -1
local street lighting provides to such properties and in consideration of their limited
nighttime use, the Equivalent Benefit Units applied to these properties shall be based on
2.000 EBU per acre with the same minimum and maximum acreage limits that are applied to
other acreage -based properties. These limits result in a minimum Equivalent Benefit Unit of
0.500 EBU for parcels less than one - quarter of an acre and a maximum Equivalent Benefit
Unit of 20.000 EBU for parcels greater than ten acres.
The County Tax Collector's Office typically identifies these properties as "Non- Taxable"
and does not generate tax bills for these properties and as a matter of practical application,
the calculated special benefit and proposed assessment obligation for such properties cannot
be collected through the tax roll as other District assessments. Therefore, in addition to
those costs determined to be of general benefit, the City shall contribute to the District
additional funding to cover the proportional assessment revenue that would otherwise be
applied to these properties. Each fiscal year, the assessment engineer shall calculate the
proportional special benefit and financial obligation associated with these properties and the
annual budget shall reflect a City contribution in an amount to the District that is equal to or
greater than that calculated obligation. (The amount of that contribution need not be
identified separately, but may be included as part of the City's overall annual contribution to
the District). Because no actual assessment shall be levied on parcels classified as Public
Property, as part of the notice and ballot proceedings being conducted in connection with
the formation of the District, the ballots for these properties shall reflect a zero ($0.00)
assessment amount.
Parldng Lot /Limited Use Property — This land use classification is applied to developed
privately owned properties that the City considers not to be fully developed
commercial /industrial, institutional or residential properties. This land use classification is
typically applied to parcels that are identified as parking lots with limited or no buildings; but
may also identifv parcels that have limited or restricted non - residential use where the typical
commercial /industrial or institutional classification is not applicable or appropriate. The
special benefits that local street lighting provides to such properties include:
Direct and /or ambient lighting of the property and the immediate area (street and
sidewalk) providing improved nighttime visibility;
Reduces property- related crimes (dumping, graffiti, vandalism and loitering) commonly
associated with poorly lighted areas;
Improved nighttime ingress and egress to the property;
o Potential increased use and trip generation that result from adequate nighttime lighting
which promotes extended hours of operation.
Based on these special benefits and in consideration of use and need for local street lighting,
the Equivalent Benefit Units applied to these properties shall be based on 1.000 EBU per
acre with the same minimum and maximum acreage limits that are applied to other acreage -
based properties. These limits result in a minimum Equivalent Benefit Unit of 0.250 EBU
W"WILLDAN
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City of Arcadia Engineer's Report
Arcadia Citywide Lighting District 2009 -1
for parcels less than one - quarter of an acre and a maximum Equivalent Benefit Unit of
10.000 EBU for parcels greater than ten acres.
Vacant Property — This land use is defined as property that has been identified as
undeveloped, but has reasonable development potential (Few or no development
restrictions). The special benefits that local street lighting provides to such properties
include:
Direct and /or ambient lighting of the property and the immediate area (street and
sidewalk) providing improved nighttime visibility;
:• Reduces property- related crimes (dumping, graffiti, vandalism and loitering) commonly
associated with poorly lighted areas;
In an evaluation of the special benefits associated this land use as compared to that of
developed properties it becomes evident that the proportional special benefits associated
with vacant property is clearly less than that of developed properties. Although vacant
properties certainly derive special benefits from local street lighting, these special benefits are
limited to the land (lot) itself. Conversely, approximately half of the direct and immediate
special benefits for developed properties are related to the daily use or potential use of that
property (specifically nighttime use). Based on these special benefit considerations and the
direct advantages of local street lighting, 2the Equivalent Benefit Units applied to these
properties shall be based on 0.500 EBU per acre with the same minimum and maximum
acreage limits that are applied to other acreage -based properties. These limits result in a
minimum Equivalent Benefit Unit of 0.125 EBU for parcels less than one - quarter of an acre
and a maximum Equivalent Benefit Unit of 5.000 EBU for parcels greater than ten acres.
Exempt Property (Parcel) — This land use identifies parcels that for various reasons, it
has been determined that the parcel does not and will not receive special benefits from street
lighting improvements. 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 b the County);
Dedicated public easements including open space areas, utility rights -of -way, greenbelts,
parkways, or other publicly -owned or utility -owned land that serves the community or
general public and are not considered or classified as developed public properties;
:• Parcels of land that are privately owned, but cannot be developed independently from an
adjacent property or is part of a shared interest with other properties, such as common
areas, sliver parcels, bifurcated lots or properties with very restrictive development
potential or use.
Because these properties either provide a public service that is comparable to street lighting
or they are dependent on another property or development, these types of parcels have no
direct need for street lighting and are considered to receive no special benefits Therefore
iW"WILLDAN
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Arcadia Citywide Lighting District 2009 -1
these parcel shall be exempt from assessment and are assigned 0.0000 EBU. However, these
properties shall be reviewed annually by the assessment engineer to confirm the parcel's use
and /or development status has not changed.
Special Case Property — In many districts where multiple land use classifications are
involved, there may be one or more properties that the standard land use classifications do
not accurately identify the use and special benefits received from the improvements or there
may be something about that particular parcel that should be noted for review in subsequent
fiscal years. The following are some examples of properties that may be classified as Special
Case properties:
Example 1: A parcel may be identified as a Vacant Property, however only a small
percentage of the parcel's total acreage can actually be developed. In this case, an
appropriate calculation would be based on the net acreage that can be utilized rather than
the gross acreage of the parcel. Therefore the parcel is identified as a Special Case so that
each year the parcel's proportional special benefit and assessment is accurately addressed
utilizing the property's net acreage rather than gross acreage.
Example 2: The use of a particular property and its proportional special benefit is not in
question, but there is some characteristic or issue regarding the property that should be
noted or reviewed in future years.
Example 3: The most common reason for identifying a parcel as a Special Case is usually
related to development. A property may be identified by the County as Vacant land, but
the property is either being developed or has already been developed. Another example
would be a property that would normally be identified as Vacant Land, but is being
treated as Exempt Property because due to current and temporary development
restrictions that will likely change in the future. In this case, this designation serves as a
prompt to review the status of that property each year, and if and when the status of that
property changes, the land use designation can be appropriately changed.
Therefore the Equivalent Benefit Units assigned to Special Case Properties will vary
depending on the circumstances and reasons for treating each particular property as a Special
Case. The Equivalent Benefit Unit(s) assigned to each such parcel may be based on adjusted
acreage, units or a combination of those factors. The City and /or the assessment engineer
tasked with the administration of the District shall annually review each parcel designated as
a Special Case Property and based on that review shall make appropriate adjustments to that
property's land use and Equivalent Benefit Unit assignment as warranted.
-P/WILLDAN
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City ofAradta Engineer's Dort
Arcadia Citywide Lighting District 2009 -1
The following is a summary of property types and the Equivalent Benefit Unit assignments
described in the preceding discussion of Equivalent Benefit Units.
Table II: Summary of Equivalent Benefit Unit Assignments
Land Use
Benefit Unit Calculations
Single - Family Residential Property
1.000
per unit
Multi- Family Residential d Mixed Use Property
0.750
0.625
0.500
0.375
0.250
per unit
per unit
per unit
per unit
per unit
(units 1 -5)
(units 6-25)
(units 26 -50)
(units 5l -100)
(units greater than 100)
CondominiumlTown -home Property
0.750
per unit
Developed Commercial /Industrial Property
4.000
per acre
(minimum 1.000 EBU; maximum 40.000 EBU)
Developed Hotel/Motel Property
6.000
per acre
(minimum 1.500 EBU; maximum 60.000 EBU)
Developed Institutional Property
2.000
per acre
(minimum 0.500 EBU, maximum 20.000 EBU)
Developed Public Property
2.000
per acre
(minimum 0.500 EBU; maximum 20.000 EBU)
Parking Lot/Limited Use Property
1.000
per acre
(minimum 0.250 EBU; maximum 10.000 EBU)
Vacant Property
0.500
per acre
(minimum 0,125 EBU; maximum 5.000 EBU)
Exempt Property
0.000
per parcel
Special Case Property
varied
based on circumstances associated with each parcel
Allocation of Improvement Costs
Pursuant to the provisions of the California Constitution, the proportionate special benefit
derived by each parcel within the District and its corresponding assessment obligation shall
be determined in relationship to the entirety of the capital cost of a public improvement or
the maintenance and operation expenses of a public improvement.
The following formulas are used to calculate each parcel's Leery Amount (proportional
assessment obligation):
Step 1: Based collectively on the preceding discussion and findings, the estimated annual
cost to provide the various District improvements have been identified as either general
benefit or special benefit. Those improvement costs determined to be of general benefit shall
not be assessed to properties within the District and these costs are deducted from the total
budget to establish the improvement costs determined to be of special benefit.
Total Budget — General Benefit Costs = Total Special Benefit Costs
LDAN
Flna
WIL Pa,e22
IL Services
City of Arcadia Engineer's Report
_Arcadia Citywide Lighting District 2009 -1
Step 2: Those improvement costs determined to be of special benefit are apportioned to
each of the three Zones established for this District in proportion to the cost of providing
the local street lighting improvements for that Zone. As previously noted, it has been
determined that properties within Zone 03 do not receive special benefits from local street
lighting and receive only general benefit from other District street lighting. Therefore no
costs are budgeted as special benefit in this Zone and the properties therein are not assessed.
Zone Specific Special Benefit Costs = Total Zone Budget
Step 3: The Total Zone Budget minus any additional contributions from the City or
other revenue sources establishes the "Balance to Levy" for that Zone. This Balance to Levy
amount is the proportionately allocated to each parcel within the Zone based on their
calculated EBU.
Total Zone Budget — Additional City Contribution = Balance to Levy (Zone)
Step 4: Each parcel's proportional special benefit is calculated based on the Equivalent
Benefit Unit rationale previously discussed:
Parcel's Land Use Benefit x (Acreage or Units) = Parcel's EBU
Step 5: The total number of Equivalent Benefit Units for the District and each Zone
therein is determined by the sum of all individual EBU(s) applied to parcels that receive a
special benefit from the improvements. An assessment amount per EBU (Assessment Rate)
for each Zone is established by taking the Balance to Levy in that Zone, and dividing that
amount by the total number of EBU(s) for that Zone.
Total Balance to Levy/ Total EBU = Assessment Rate (Calculated for each Zone)
Step 6: This Assessment Rate is then applied back to each parcel's individual EBU to
determine the parcel's proportionate benefit and assessment obligation.
Rate per EBU x Parcel EBU = Parcel Levy Amount
The budgets that establish the assessment rate for each Zone are outlined in Section III
(District Budget) of this Report.
*"WILLDAN
Fi.n W sarvro. Paa e 23
City of Arcadia Engineers Report
Arcadia Cityunde Li
ghting District 2009 -1
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 "any assessment that does not exceed an
assessment formula or range of assessments previously adopted by the agency or approved
by the voters in the area where the assessment is imposed."
As part of this District Formation and establishment of annual assessments to fund the
ongoing operation, maintenance and servicing 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 an
Assessment Range Formula is to provide for reasonable increases and inflationary
adjustment that are inevitably associated with providing such improvements and activities,
thereby reducing the need for additional noticing and mailing procedures simply because of
inflationary factors. This Assessment Range Formula is defined by the following:
The "Proposed Maximum Rates" for this District as presented in this Report shall be
annually adjusted by three percent (3 %) to establish the new Maximum Assessment Rates
authorized for the District each fiscal year. (These new rates may be referred to as Adjusted
Maximum Assessment Rates). This 3% adjustment 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 for
"All Urban Consumers" in the Los Angeles- Riverside- Orange County Area over the past
twenty years.
Beginning in the District's second fiscal year (Fiscal Year 2010 /2011) and each fiscal year
thereafter, the Maximum Assessment Rates will be recalculated and new Adjusted Maximum
Assessment Rates atill be established for the fiscal year utilizing the Assessment Range
Formula described above. The Adjusted Maximum Assessment Rates shall be calculated
independently of the District's annual budget and proposed assessments. Anv proposed
annual assessment (Rate per EBU) less than or equal to the Adjusted Maximum Assessment
Rate for each respective Zone shall not be considered an increased assessment.
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 such a new or increased assessment before that new or increased assessment may be
imposed.
We'WILLDAN
Pad e 24
Cite of Arcadia Enginzer's &earl
Arcadia Citywide lighting District 2009 -1
Part III — District
The District budget identifies an estimate of anticipated annual expenses associated with the
ongoing operation, maintenance and servicing of street light improvements determined to be
of special benefit that includes, but is not limited to maintenance of local street lights and
related facilities, energy costs and incidental expenses that are authorized by the 1972 Act.
The City is proposing the formation of this District to partially fund the operation,
maintenance and servicing of lighting improvements throughout the City that provide special
benefits to properties within the City. This District includes three Zones that reflect the
proportional special benefits various properties, developments and subdivisions receive from
street lights within the City.
The table below provides a summary of the City's street lights and assignment to the various
Zones of the District.
Table III: Street Light Inventory Allocation
Total General Zone 01 Zone 02 Zone 03
Lights Benefit Allocation Allocation Allocation
District -wide Street Lights (Primary & Secondary Streets) 1,362 1,362
Local Street Lights (On Primary & Secondary Streets) 584
Local Street Lights (Residential & Neighborhood Streets)
Total Street Lights
544 40
1.992 1.936 56
3,938 1,362 2,480 96
The budget on the following page outlines the overall estimated annual cost to provide the
District improvements, that portion of the costs that are considered to be general benefit
and special benefit, and the proportional allocation of those special benefit costs to the three
Zones in the District along with the additional funding support from the City to establish the
proposed initial maximum assessment rates to be applied to the various parcels within each
Zone.
*'�WILLDAN
Financial services Fab a 25
City of Arcadia
Engineer's Report
Arcadia Citywide Lighting Uirtric12009 -1
Page 26
Total
General
Special
Zone?
Zone 2
Zone 3
Budget
Benefit
Benefit
Allocation
Allocation
Allocation
Primary & Secondary Lights (Not Local Lights)
$ 300,770
$ 300,770
$ -
$ -
$ -
$ _
Local Street Light Improvements
476,090
476,090
458,350
17,740
776,860
300,770
476,090
17,740
-
Sub -total Annual Maintenance Budget
458,350
Rehabilitation
55,000
21,296
33,704
32,450
1,254
-
Administration
51,904
-
51,904
46,914
4,990
TOTAL ANNUAL BUDGET
883,764
322,066
561,698
537,714
23,984
-
City Contribution for General Benefit
(322,066)
(322,066)
-
-
-
_
City Contribution for Public Facilities
(10,666)
-
(10,666)
r (10,150)
(516)
-
City Contribution for Special Benefit Reduction
(147,138)
-
(147,138
(140,855
(6,283)
322,066
General Fund Contribution
(479,870)
(157,804)
`` (151,005)
BALANCE TO LEVY
$ 403,894
$
$ 403,894
$ 386,709
$ 17,185
$
Total Parcels
16,586
13,254
1,608
1,724
Parcels Levied
14,617
''. 13,033
1,584
0
Total EBU to be Levied
17,815.985
'. 16,116.335
1,699.650
0.000
Proposed Maximum Rates
$24.00
$10.12
$0.00
(Proposed Rates to be Balloted)
Page 26
City afArcadia
Engineer'r Report
Arcadia Citywide Lighting Diatrict2009 -1
Part IV — District
The parcels within the District consist of the lots, parcels and subdivisions of land within the
City of Arcadia. The District Diagram identifies the boundaries of the District and the Zones
therein, and is based on the Los Angeles County Assessor's Maps, the Los Angeles County
Assessor's secured roll information and the street lighting improvements that existed at the
time this Report was prepared. The combination of this Diagram and the Assessment Roll
outlined in Part V of this Report; collectively constitute the District's Assessment Diagram.
A copy of the District Diagram is provided on the following page. A full size copy of this
diagram is on file in the Office of Public Works Services Department, and by reference this
diagram is made part of this Report.
* WILLDAN
Frt18fICws.S ..B
Page 27
City of Arcadia
Engineer's Report
Arcadia Cilymide lighting District 2009 -1
WILLDAN
F, a. vW SeMm.s Page 29
ASSESSMENT DIAGRAM FOR
ARCADIA CITYWIDE LIGHTING DISTRICT 2009 -1
CITY OFARCADIA, COUNTS' OF LOS ANGELES, STATE OF CALIFOR.T\'IA
City of Arcadia Engineers Report
Arcadia Cit,wide Lighting District 2009 -1
Part V — Assessment Roll
Parcel identification for each lot or 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 summary of the parcels to
be assessed within this District along with the associated assessment amounts are provided
herein. The actual assessment roll listing each of the parcels to be assessed within this
District along with their respective assessment amounts (to be balloted) have been provided
to the City Clerk under a separate cover due to the voluminous number of properties to be
assessed.
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 parcel 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 summary of the land use classifications (parcels) and assessment amounts
for each Zone within the District as established by the assessment rates and method of
apportionment previously described.
Summary Zone 1
*KWILLDAN
Financie15ervices
Page 29
# of
Parcels
Calculated
EBUs
Land Use Code
Parcels
Levied
Benefit
Levied
Levy Amount
Single - Family Residential Property
7,768
7,768
7,768.000
7,768.000
$186,432.00
Multi - Family Residential & Mixed Use Property
846
846
3,690.875
3,690.875
$88,581.00
Condominium/Town -home Property
3,451
3,451
2,588.250
2,588.250
$62,118.00
Developed Commercial /Industrial Property
711
711
1,635.760
1.635.760
$39,258.24
Developed Hotel /Motel Property
12
12
132.960
132.960
$3,191.04
Developed Institutional Property
60
60
133.800
133.800
$3,211.20
Developed Public Property
63
0
422.920
'0.000
$0.00
Parking Lot/Limited Use Property
118
118
49.630
49.630
$1,191.12
Vacant Property
57
57
- 17.780
17.780
$426.72
Exempt
154
0
0.000
0.000
$0.00
Special Case Property
14
10
99.280
99.280
$2.382.72
Totals
13,254
13,033
16,539.255
16,116.336
$386,792.04
*KWILLDAN
Financie15ervices
Page 29
City of Arcadia
Engineer's Report
Arcadia Citywide Lighting District 2009 -1
Summary Zone 2
# of Parcels Calculated EBUs
Land Use Code Parcels Levied Benefit Levied Levy Amount
Single - Family Residential Property
1,487
1,487
1,487.000
1,487.000
$15,D48.44
Multi - Family Residential & Mixed Use Property
30
30
141.250
141.250
$1,429,46
Condominium/Town -home Property
49
49
36.750
36.750
$371.92
Developed Commercial /Industrial Property
11
11
26.560
26.560
$26838
Developed Hotel /Motel Property
1
1
6.360
6.360
$64.35
Developed Institutional Property
0
0
0.000
0.000
$0.00
Developed Public Property
12
0
51.000
0.000
$0.00
Parking Lot/Limited Use Property
4
4
1.140
1.140
$11.54
Vacant Property
2
2
0.590
0.590
$5.98
Exempt
12
0
0.000
0.000
$0.00
Special Case Property
0
0
0.000
0.000
$0.00
Totals
1,608
1,584
1,750.650
1,699.650
$17,200.48
Summary Zone 3
Totals 1,724 0 1,573.155 0.000 $0.00
Summary All Parcels
Land Use Code
# of
Parcels
Calculated
EBUs
Levy Amount
Land Use Code
Parcels
Levied
Benefit
Levied
Levy Amount
Multi - Family Residential & Mixed Use Property
886
876
3,864.125
3,832.125
$90,010.46
Single - Family Residential Property
1,475
0
1,475.000
0.000
$0.00
Mufti - Family Residential & Mixed Use Property
10
0
32.000
0.000
$0.00
Condominiumlfown -home Property
7
0
5.250
0.000
$0.00
Developed Commercial /Industrial Property
2
0
4.680
0.000
$0.00
Developed Hotel /Motel Property
0
0
0.000
0.000
$0.00
Developed Institutional Property
3
0
5.080
0.000
$0.00
Developed Public Property
3
0
40.520
0.000
$0.00
Packing Lot/Limited Use Property
0
0
0.000
0.000
$0.00
Vacant Property
3
0
10.125
0.000
$0.00
Exempt
197
0
0.000
0.000
$0.00
Special Cas Property _
24
0
0.500
0.000
$0.00
Totals 1,724 0 1,573.155 0.000 $0.00
Summary All Parcels
Land Use Code
# of
Parcels
Parcels
Levied
Calculated
Benefit
EBUs
Levied
Levy Amount
Single - Family Residential Property
10,730
9,255
10,730.000
9,255.000
$201,480.44
Multi - Family Residential & Mixed Use Property
886
876
3,864.125
3,832.125
$90,010.46
Condominium/Town -home Property
3,507
3,500
2,630.250
2,625.000
$62,489.92
Developed Commercial /Industrial Property
724
722
1,667.000
1,662.320
$39,527.02
Developed Hotel /Motel Property
13
13
139.320
139.320
$3,255.40
Developed Institutional Property
63
60
138.880
131800
$3,211.20
Developed Public Property
78
0
514.440
0.000
$0.00
Parking Lot/Limited Use Property
122
122
50.770
50.770
$1,202.66
Vacant Property
62
59
28.495
18.370
$432.70
Exempt
363
0
0.000
0.000
$0.00
Special Case Property
38
10
99.780
99.280
$2,382.72
Totals
16,586
14,617
19,863.060
17,815.986
$403,992.52
iWW I LLDAN
r �,d Page 30
servm�
RESOLUTION NO. 6643
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DECLARING ITS INTENTION
TO FORM THE ARCADIA CITYWIDE LIGHTING
DISTRICT 2009 -1; AND TO CONDUCT A PROPERTY
OWNER BALLOTING ON THE MATTER OF NEW
ASSESSMENTS RELATED THERETO COMMENCING
WITH FISCAL YEAR 2009/2010
WHEREAS, the City Council 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 (hereafter
referred to as the "1972 Act ") did by previous Resolution, initiate
proceedings for the formation of the "Arcadia Citywide Lighting District
2009 -1" (hereafter referred to as "District); for the purpose of levying and
collecting special benefit assessments to fund the maintenance, operation and
servicing of public street lighting improvements and appurtenant facilities
related thereto; and
WHEREAS, the Engineer selected by the City Council has prepared
and filed with the City Clerk a Report in connection with such proceedings
for the proposed levy of assessments commencing with Fiscal Year
2009/2010 (beginning July 1, 2009 and ending June 30, 2010) in accordance
with Chapter 1, Article 4 (Sections 22565 through 22574) of the 1972 Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADI.A, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. INTENTION: The City Council hereby declares its
intention to form the District and proposes to levy and collect annual special
benefit assessments against parcels of land within the District pursuant to the
1972 Act, commencing with fiscal year 2009/2010. The territory included
within the District is generally described in Section 2 of this Resolution and
shall be designated as the "Arcadia Citywide Lighting District 2009 -1 ".
SECTION 2. TERRITORY: The boundaries of the proposed
District shall be coterminous with the boundaries of the City of Arcadia,
within the County of Los Angeles, State of California, and shall include all
parcels within said boundaries. Reference is hereby made to the Los Angeles
County Assessor's maps for a detailed description of the lines and
dimensions of the parcels therein. The proposed District shall initially include
three (3) zones of benefit where, by reason of variations in the nature,
location, and extent of the improvements, the various areas will receive
differing degrees of benefit from the improvements.
2
SECTION 3. IMPROVEMENTS: The proposed improvements
shall include the operation, maintenance and servicing of public street
lighting improvements and appurtenant facilities in the City of Arcadia that
have been determined to be of special benefit to properties within the
District. These improvements may include, but are not limited to, the
materials, equipment, utilities, labor, contract services and incidental
expenses necessary for the ongoing maintenance, operation and servicing of
such improvements and appurtenant facilities. Maps detailing the location
and extent of the proposed improvements to be serviced and maintained by
the District are on file in the Office of Public Works Services Department of
the City of Arcadia and by reference these maps and specifications are made
part of this Resolution. Those improvements determined to be of general
benefit shall not be assessed against properties in the District.
SECTION 4. ASSESSMENTS: The proposed annual
assessments for the District shall provide a funding source to partially
support the ongoing annual expenses to maintain service and operate public
street lighting improvements that provide special benefits to properties in the
District. The net annual cost of providing such improvements shall be
collected on the County tax roll as annual assessments.
I
These proposed assessments are outlined in the Engineer's Report and
include the Maximum Assessment Rates, Assessment Range Formula,
method of apportionment and an assessment roll that identifies the calculated
assessment amount proposed for each parcel to be assessed commencing in
fiscal year 2009/2010, and for which the property owners of record within the
proposed District shall be balloted pursuant to the provisions of the
California Constitution Article XIIID and applicable provisions of California
State law. The City Council finds that the public's best interest requires such
action and levy of assessments.
SECTION 5. PUBLIC HEARING: The City Council hereby
declares its intention to conduct a public hearing concerning the formation of
the District and the levy of assessments for said District in accordance with
the 1972 Act and California Constitution Article XIIID, Section 4.
Notice is hereby given that a public hearing on these matters will
be held by the City Council on Tuesday, November 18, 2008 at 7:00 p.m.,
or as soon thereafter as feasible, in the City Council Chambers, Arcadia
City Hall, located at 240 West Huntington Drive, Arcadia, California.
At the public hearing, all interested persons shall be afforded the
opportunity to hear and be heard. Any interested person may also file a
4
written protest with the City Cleric prior to the conclusion. of the hearing, or
having previously filed such written protest, may file a written withdrawal of
that protest. A written protest shall state all grounds of objection and such
protest by a property owner within the District shall contain a description
sufficient to identify the property owned by such property owner.
SECTION 6. CALL FOR ASSESSMENT BALLOTING: The
City Council hereby calls for a property owner protest balloting proceeding
for the proposed assessments for the District in accordance with Government
Code Section 53753 and pursuant to the California Constitution Article
XIIID, Section 4(e).
SECTION 7. BALLOT PROCEEDINGS: A notice of the public
hearing and ballot shall be distributed by first class mail to the property
owners of record for each parcel within the District subject to an assessment,
not less than 45 days before the date of the public hearing, in accordance with
the provisions of the California Constitution. Property owners must return
their ballots to the City Clerk prior to the conclusion of the public hearing, at
which time all valid ballots returned shall be opened and tabulated to
determine if a majority protest exists. Only those ballots issued by the City or
on behalf of the City shall be considered as valid ballots. Each property
5
owner may return the ballot by mail or in person to the City Cleric no later
than the conclusion of the public hearing on Tuesday, November 18, 2008.
Valid property owner protest ballots must be completed and received by the
City Cleric prior to the conclusion of the public hearing for tabulation. Upon
the conclusion of public hearing the City Cleric or his designee shall open and
tabulate all valid ballots returned. The property owner protest ballot
proceeding conducted for the District shall constitute the property owners'
approval or rejection of the annual levy of assessments and assessment range
formula and the ballots shall be weighted according to the proportional
financial obligation of the affected properties to determine if a majority
protest exists. A majority protest exists if the assessment dollars represented
by valid ballots submitted in opposition to the assessments exceed the
assessment dollars represented by valid ballots submitted in favor of the
assessments.
SECTION 8. MAILING OF NOTICE AND BALLOT: The City
Council hereby authorizes and directs the City Clerk or his designee to
prepare and mail notice of the public hearing and property owner protest
ballots to the property owners of record regarding the proposed levy of the
assessments and the assessment range formula as outlined in the Engineer's
6
Report, in accordance with Government Code Section 53753 and California
Constitution Article XIIID, Section 4(e).
SECTION 9. The City Clerk shall certify to the adoption of this
Resolution.
Passed approved and adopted this day of
1 2008.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
0 ( z@ L�
Stephen P. Deitsch
City Attorney
There is no staff report for this item.
Staff will make a presentation at the
City Council Meeting