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HomeMy WebLinkAboutSeptember 2, 2008o f F o CITY OF ARCADIA DOD . G �S1]�, j9 � 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 ■ {� � •� � ?= \ now 7 r7v.Z if maji r ir 1�<VrM It 4 'ev", 1t "b '@ !n I 4�15d w, 9 n� � "a�' �M_ tF`1.� ` L i ji ' r'. n A �e 6 H t_'N . � � � � v � SJ A ► } z �I� 4 Jr,P I �; i II 1 . 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 -5- 5274 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 AAA li STRYKER llVGlNF1 1: I J I- r N A-A Srr,T!n -1 1� CONSMUON NOTES • )EFC11P . oN 0 MAP �7 CITY OF ARCADIA DECK Rr.PAIR PLAN tar io - MACT he. 429M NO 1[FNEV r�ncs wlt - 9 ---- ------ --- Li ID - M) CITY OF ARCADIA DECK Rr.PAIR PLAN tar io - MACT he. 429M NO 1[FNEV r�ncs wlt s�6 � R �« 'g'..r+- r t. .Y I.t. - t v y�'Z/ 1•i i .fit .i: � �` � r'�t � r. ,,� • trJ - E. : AA Pho x • tj to Tf� .: ^.•- - - Y 383 Torrey Pine c 2. A rcadia CA 91006 l� -- "' - .��. a Y, "+•`..Z X ._, , - ti • - ttii� f '. LL sR eC e a 3' T 1 -1 r • i - • I! YTg '.✓A 1 1 `' � ac l - .S dear view of 383 Torrey Pines Dr. Q. All lines of sight are blocked - r G 1 �t, � homes, trees, - -._ � \_.. } ' c t T ryl ,t: /•' "e p $w t om• _ s.' ¢P L — r e3 Pl Fd 'tom. /2. � -_ /! _ K .,p 3. r ` t' .' L f t i 1 .1J S ' /1�l'•i�klp �� Fri_ — dr.[ lib: 4 . ! q ,� j � • 1 .. ET t. F j 1a3 a /, iy # �h. ' ✓ - ti. R , , ° S r 't '(L f ♦ _ a ' 12 F ,.i ci S ♦�_ �; 'r_ p 4 •x • Yj P: t - l-+ 1 •. a .t 1 Y.di. rt-n ♦ 4� t G c 4 \� t o - , iL d 3... 9 L�/ -3 9 •, e g' -5 t - 1 " �. ' F,� t !� ~� rnp - - � � L' Ci '. _ 4 5�.i.. :! f^ S i � S t x t4+'/ ��.i \ y.6 ` is � S'• f � �: � }, 'q��. ' i \t -'r^ �'"i{ � � 5 a Jj•,b. 6-_"'� .+z �" t 7i - '�•SL � a i� �t e r2k! '1ia .1 Gh — r t r S . .h'sL' t __ •2 t �fyi �X_ + t t .r S Swe °� * t/` -,14 ,t�' � \ a at'• � c � .. • . � � 5!•'' � i -,�; ��- r t � � , r .�-( �g� t ��.,. v . F!" � le ) < e + Y �' , 1r� � \ D ._ 4' m J k •_~ 4z � 'y v^'_ —_k a ��. A F^ �` p ,y �� � .. 1 {{e� � -�, a /`°.y r f: d` n !� 'r:�' � a tT •F-ii '. ('i i i•. I r.b Old - . �i h� t �.. i!'�' � � � � ,' .e_ 7 # h.3L �ql � ey ss ( i, J A s • , t, i .! K`R ! _.q? w l ai'" _� �. ° d0 a , � � �'; "} 'J'_�' .� ���} 1 i., .�� �i, �. t ti � ✓a�k:4 �i: �}WE'i �i �.. 11,.� r � w � h9''i'..: -�� '� � .: ! t � .� } �1• ! a � '� - -: h� e fi �"'. != 4 nd� ' 1��»- +a�.. - � +°"�.�- -�'a (. [��'" ``uu�.+x ° e � �t�n' 'fib'..• 3 :b G,`d,�.t H �� «4�� a - rt e gg �� p L• g <� ' { '�.1 ° 1r1 i•� � l� �mPj 5p/ � 6 i Y / �� y �� �� �9_ . �A� - . t z 1 ,} -. S t e `. `j a' l pp '1E �I��v St•• r>�n ti}... `a' -a 5 J � . tl 'i - t 7.� �7.�F� *eau. [y t5 {�� �.4f . 1. :L j! .� s... . AZ ��' �.+.. L'_ . ' . J ,x t :P F 9%`L C•.!. ,'C bdr�'.0 3 . ¢i.. $a _�y' :1 X 1X Zoom (Ground Level, Naked Eye) 00 ? 9 T i - r� � r n s 3 is � .rt v •� fr r b Cf .� Y . S� , 8 FV NYR- t f l+ x { 5 u. / � ,�i�'YfiLi•- rc4 �a. -'^��� Wk�dr'RC� j � y n ,� �.CS } �+� '�'� - �yi {{ - 383 Torrey Pines Dr. a {Y ,.+f / +�-(,• �r _ �.. •''°_ie..i 1d �A!rF Nl K _ _ 7.T.a 5} r•is � �'.gy,+gem �f � � ✓ .T s �� ";yi ^" - 5 „ aR g S t6 t NO Fes - "' !.�- •S Y-' 1 Y�r � �ysoo, 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 Financial Services as e 10 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 WIL SeMc i Pa 17 Fina Services 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 )VWILLDAN F,.ndel s•rvmas Pab e 12 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: W I LLDAN Page 13 Financial DAN City ofAreadaa Engineer's Report Arcadia Citywide Lighting District 2009 -1 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 Financial Services Pa,4 e 14 City of Arcadia Engineers Report 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 Pas e 15 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 Financial Services 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 F WIL Pa;e17 m IL Services City ofArcadia Engineer' Report Arcadia Cityavide I fighting District 2009 -1 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 Financial Services 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 Financial Sa ices Page 19 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 Pan e 20 City afArcadia En ,gineer's Report 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 Finaneld Sa is a Page 21 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