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HomeMy WebLinkAboutNovember 18, 2008CITY OF ARCADIA CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING TUESDAY, NOVEMBER 18, 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 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 Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of Ken Harper v. City of Arcadia, et al . (United States District Court Case No. CV08 -02286 MANx). b. Pursuant to Government Code Section 54956.8 conference with real property negotiators: Property: Leasehold Interest in property at 21 Morlan Place Agency Negotiator: Agency Executive Director and Development Services Director Negotiatino Parties: Arcadia Redevelopment Agency and Wendy Doo and David Dong (Church in Arcadia) Under Negotiation: Price and Terms of Payment 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. C. Pursuant to Government Code Section 54956.8 conference with real property negotiators: Property: Purchase of Real Property at 41 W. Huntington Drive Agency Negotiator: Agency Executive Director and Development Services Director Property Owner: Manuel Romero Under Negotiation: Price and Terms of Payment d. Pursuant to Government Code Section 54956.8 conference with real property negotiators: Property: Leasehold Interest in Property at 33 W. Huntington Drive Agency Negotiator: Agency Executive Director and Development Services Director Negotiating Parties: Arcadia Redevelopment Agency and Paul Rusnak Under Negotiation: Price and Terms of Payment 7:00 p.m., City Council Chamber RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION CALL TO ORDER INVOCATION Reverend Jolene Cadenbach, Arcadia Congregational Church PLEDGE OF ALLEGIANCE Jason Kruckeberg, Development Services Director ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: Amundson, Chandler, Kovacic, Wuo and Harbicht REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PRESENTATIONS 1. PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. Any 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. CITY COUNCIL ITEMS: a. b. Conduct a public hearina to consider all Drotests and close the ballot Droceedinas at the conclusion of the public hearing for the Citywide Street Lighting Assessment District. Recommended Action: Conduct and close the Public Hearing and report back the ballot results on December 2, 2008 PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council /Redevelopment Agency during the Public Comments period is asked to complete a "Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk /Agency Secretary prior to the start of the 7:00 p.m. Open Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council /Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK 2. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and 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. REDEVELOPMENT AGENCY ITEMS: a. Approve the Continued Adjourned Meeting Minutes of October 29. and Regular Meeting Minutes of November 4, 2008. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Continued Adjourned Meeting Minutes of October 29. and Regular Meeting Minutes of November 4, 2008. Recommended Action: Approve C. Award a purchase order to Emcor Group, Inc. for the purchase and installation of replacement variable speed drives for the Police Department's central air conditionina unit in the amount of $49.852. Recommended Action: Approve 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. moratorium on the establishment of Massage Theraoy Businesses. Recommended Action: Adopt u 3. CITY MANAGERIEXECUTIVE DIRECTOR a. Award a Lease Agreement for the complete management of operations and maintenance of the Arcadia Par 3 Golf Course to American Golf Corporation and authorize the City Manager to execute the Lease Agreement on behalf of the City. Recommended Action: Approve b. Consideration of Design Review approval and appropriation of $252,994 from the Arcadia Redevelopment Agency for the rehabilitation and improvement of 33 -37 West Huntington Drive (Arcadia Self Storage). Recommended Action: Approve C. Adopt Resolution No. 6656 electing a representative for cities with pumping rights to the San Gabriel Basin Water Quality Authority Board. Recommended Action: Adopt ADJOURNMENT The City Council /Redevelopment Agency will adjourn this meeting to Tuesday, December 2, 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 . Recommended Action: Approve DATE: November 18, 2008 STAFF REPORT Development Services Department TO: Mayor and City Council & 4A O FROM: Bob Sanderson, Chief of Police Jason Kruckeberg, Development Services Director _50G SUBJECT: INTERIM URGENCY ORDINANCE NO. 2251 ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING INTERIM URGENCY ORDINANCE NO. 2250 FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS AND CONTINUING FOR THIS PERIOD THE TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF MASSAGE THERAPY BUSINESSES RECOMMENDED ACTION: Adopt SUMMARY At its regular meeting of October 21, 2008, the City Council adopted Interim Urgency Ordinance No. 2250 which established an initial 45 day moratorium on the establishment of massage therapy businesses in the City of Arcadia. Pursuant to Government Code Section 65858, the City Council may extend the interim urgency ordinance for 10 months and 15 days following a noticed public hearing. Government Code Section 65858(D) requires that 10 days prior to the expiration (December 5, 2008) of Interim Urgency Ordinance No. 2250 a written report describing the measures taken to alleviate the condition which led to the adoption of the Interim Urgency Ordinance is required. This staff report shall serve as that written report. DISCUSSION Since the adoption of Interim Urgency Ordinance No. 2250, City Staff has researched various options to strengthen the regulation of massage therapy businesses and the issuance of licenses for massage therapists. As was discussed in the staff report introducing the moratorium, day spas, medical office uses such as chiropractors and acupuncturists, and other "health centers" have become more and more prevalent in Arcadia. These uses are typically permitted as legitimate businesses, but sometimes change, once established, into primarily massage uses. Business license requests for massage therapists have increased dramatically and the City has begun to receive complaints from residents on this issue. Following the adoption of the temporary 45 day moratorium, City departments have received additional complaints and calls from residents identifying additional establishments that have November 18, 2008 Massage Therapy Moratorium -Page t' allegedly been offering illegal massage services. These calls are being researched by the Police Department. Given the scope of the issue, and the fact that a number of options for regulation and enforcement must be considered, the City would be reasonably justified in extending Interim Urgency Ordinance No. 2250 for an additional 10 months and 15 days on the establishment of massage therapy businesses until such time as the impacts of such establishments can be fully assessed and until Staff can properly research options for regulation. For example, one of the alternatives for regulation is to require testing (potentially both written and physical) of prospective massage therapists. Other cities such as Fullerton have incorporated this into their licensing procedures. Clearly, to adopt a regulation such as this, staff needs time to research what other cities are doing, contract with a reputable physical therapist or company, and establish a payment schedule and procedure. In addition, another consideration is a Conditional Use Permit (CUP) requirement for new massage therapy businesses. The CUP requirement needs to be carefully thought out to determine if all uses that provide massage must obtain a CUP, or should some uses (such as a legitimate Doctor's office) be exempt. Additional issues related to differentiating between legitimate spa uses and suspect uses must also be considered. This includes the ramifications of recently passed Senate Bill 731, the Massage Therapy Title Act, which establishes a statewide standard for massage certifications. The Act, which commences on September 1, 2009, will create a Massage Therapy Organization which will ensure the certification process. Finally, and perhaps most importantly, of the over forty (40) massage establishments inspected by a team of City representatives, all of those visited and inspected had violations of the current Ordinance. Based on this, caution dictates that the City extend the current moratorium until all the proper studies and analyses can be completed and until the implications of various regulatory approaches can be more fully understood. FISCAL IMPACT There is no fiscal impact associated with extending this Interim Urgency Ordinance. RECOMMENDED ACTION That the City Council adopt the attached Interim Urgency Ordinance No. 2251 enacted pursuant to Government Code Section 65858 extending Interim Urgency Ordinance No. 2250 for an additional 10 months and 15 days and continuing for this period the temporary moratorium on the establishment of massage therapy businesses. Approved By: _LYIr�a c� Pay M39i Donald Penman City Manager Attachment: Interim Urgency Ordinance No. 2251 November 18, 2008 Massage Therapy Moratorium - Page 2 ORDINANCE NO. 2251 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING INTERIM URGENCY ORDINANCE NO. 2250 FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS AND CONTINUING FOR THIS PERIOD THE TEMPORARY MORATORIUM ON THE ESTABLISHMENT OF MASSAGE THERAPY BUSINESSES THE CITY COUNCIL FOR THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The purpose of this Interim Urgency Ordinance is to extend the temporary moratorium on the establishment of massage therapy businesses in the City of Arcadia ( "City "), as currently authorized under Ordinance No. 2250, because the concerns described in Ordinance No. 2250 have not been alleviated. SECTION 2. The City Council enacts this Interim Urgency Ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution, Section 51031 of the California Government Code, and Section 65858 of the California Government Code. SECTION 3. The City Council of the City of Arcadia hereby finds: A. On October 21, 2008, pursuant to Section 65858 of the California Government Code, after public notice and a public hearing, the City Council of the City of Arcadia ( "City Council ") adopted Ordinance No. 2250, an interim urgency ordinance, which temporarily places a moratorium on the establishment of massage therapy businesses in the City. B. Section 65858, subdivision (a) of the California Government Code provides that Ordinance No. 2250 shall expire and be of no further force and effect forty -five (45) days from its date of adoption. C. Section 65858, subdivision (a) of the California Government Code provides that prior to the expiration of Ordinance No. 2250, the City may extend Ordinance No. 2250 for an additional ten (10) months and fifteen (15) days after giving notice pursuant to Section 65090 of the California Government Code and conducting a public hearing. D. The City Council seeks to extend the temporary moratorium on the establishment of massage therapy businesses, as currently authorized under Ordinance No. 2250, to continue studying possible means of regulating massage therapy businesses, including zoning -based regulations and other regulations to help ensure that massage therapy businesses are regulated in a way that protects the community and complies with applicable law. 9 E. The purpose for extending Ordinance No. 2250 is to avoid the potentially significant adverse impacts to the public's health, safety and welfare described in Ordinance No. 2250. F. The City Council has determined there is a need to extend Ordinance No. 2250 for an additional ten (10) months and fifteen (15) days as authorized under Section 65858, subdivision (a) of the California Government Code. G. The notice and public hearing required by Section 65858, subdivision (a) of the California Government Code for the extension of Ordinance No. 2250 has been provided in accordance with applicable law. SECTION 4. The purpose of this Interim Urgency Ordinance is to extend Ordinance No. 2250 for the immediate preservation of the public health, safety and welfare for an additional ten (10) months and fifteen (15) days following December 5, 2008, the date of expiration of Ordinance No. 2250, which shall have the effect of placing a moratorium on the approval or issuance of any business owner /operator identification card, massage therapist identification card, business license, building permit, or land use, zoning or other approval which pertains to the establishment or conducting of massage therapy businesses. 3 SECTION 5. Adoption of this Interim Urgency Ordinance shall constitute an extension of Interim Urgency Ordinance No. 2250 pursuant to Section 65858 of the California Government Code. SECTION 6. For purposes of this Interim Urgency Ordinance, the terns defined below shall have the following meanings: A. "Massage therapist" shall mean any person who, for any consideration whatsoever, performs or offers to perform a massage in a massage therapy business. B. "Massage therapy business" shall mean any establishment having a fixed place of business for the purpose of deriving income or compensation from massage therapy services. The extension of Ordinance No. 2250 for an additional ten (10) months and fifteen (15) days shall be inapplicable to the issuance of renewals of currently valid business licenses, owner /operator identification cards or massage therapist identification cards. However, for massage therapist applicants desiring to obtain business licenses, owner /operator identification cards or massage therapist identification cards, wherein the license or card has expired or the business has been closed for more than one (1) year, the moratorium shall be applicable. 0 SECTION 7. The City Council hereby finds and determines that adoption of this Interim Urgency Ordinance and the extension of Ordinance No. 2250 is necessary for the current and irmnediate .protection of the public health, safety, and welfare of the City and its residents for all the reasons set forth above, in Ordinance No. 2250, and the agenda report prepared in connection with this Ordinance, which are hereby expressly incorporated as though fully set forth herein. SECTION 9. The City Council hereby directs the Building Department, Code Enforcement, Development Services Department, Fire Department and Police Department to consider and study possible means of regulating massage therapy businesses, including zoning -based regulations and other regulations. SECTION 9. The City Council hereby finds that this Interim Urgency Ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060, subdivision (c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 5 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 10. Ten (10) days prior to the expiration of this Interim Urgency Ordinance, the City Council shall issue a written report describing the measures which the City has taken to alleviate the conditions which led to the adoption of this Ordinance. SECTION 11. If any provision of this Interim Urgency Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Interim Urgency Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this Interim Urgency Ordinance irrespective of the invalidity of any particular portion thereof. SECTION 12. This Interim Urgency Ordinance shall be adopted by a four - fifths vote of the City Council. Upon adoption, the Mayor shall sign this Ordinance, and the City Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it, or a summary of it, to be published in a newspaper of general circulation. This Ordinance shall remain in effect until October 21, 2009, 6 unless earlier repealed or extended by the City Council as provided for in Government Code Section 65858. Passed, approved and adopted this day of November, 2008. Mayor of the City of Arcadia ATTEST: City Cleric APPROVED AS TO FORM: - iO� Steph n P. Deitsch City Attorney 7 :1 STAFF REPORT Public Works Services Department DATE: November 18, 2008 TO: FROM: SUBJECT: SUMMARY At the September 2, 2008 Council meeting, City Council initiated proceedings for the formation of the Citywide Street Lighting District; approved the preliminary Engineer's Report outlining the data regarding the districts and their assessments (plans and specifications, budget, method of apportionment, and assessment diagram and roll); and directed the property owner balloting process. Staff is requesting that the City Council conduct a Public Hearing to consider all protests to the proposed Citywide Street Lighting Assessment District and close the balloting proceedings at the conclusion of the Public Hearing. Results of the ballot will be declared at the December 2, 2008 Council meeting. BACKGROUND 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. Page 1 of 3 Mayor and City Council Pat Malloy, Assistant City ManagerlPublic Works Services Dire for Prepared by: Maria P. Aquino, Management Analyst Mayor and City Council November 18, 2008 However, in August 2008, staff learned that a California Supreme Court decision changed the way special assessments may be levied and challenged. On August 19, 2008, staff presented a revised 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, DistricL 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. Subsequently, at its September 2, 2008 meeting, Council initiated proceedings for the formation of the Citywide Street Lighting District;_ approved the preliminary Engineer's Report outlining the data regarding the districts and their assessments (plans and specifications, budget, method of apportionment, and assessment diagram and roll); and directed the property owner balloting process. DISCUSSION Following the Council's approval of the property owner balloting process, approximately 14,600 ballots were mailed to the property owners on October 3, 2008, in accordance with Proposition 218, at least 45 days before the date of the Public Hearing. As part of the City's public outreach efforts, information regarding the assessment balloting were mailed via flyers, Hot Sheet publication, and water bill inserts. In addition, staff made presentations to various Commissions Board meetings and the Chambers of Commerce to seek their support in notifying the community of this important issue. Finally, two (2) property owner informational meetings were held on September 30 and October 16; a total of 15 property owners attended the meetings. Staff is requesting that the City Council conduct a. Public Hearing to consider all protests to the proposed Citywide Street, Lighting Assessment District and close the balloting proceedings at the conclusion of the Public Hearing. Ballot results will be declared during the December 2 Council meeting. If the ballot passes, staff will request that the Council order the levy of assessment for the formation of the Citywide Street Lighting Assessment District via the Landscaping and Lighting Act of 1972 (LLD). The first annual assessment will appear on the 2009 -10 property tax bills. Conversely, if a majority protest exists, staff will request that the City Council abandon the formation of the Citywide Street Lighting Assessment District, ENVIRONMENTAL IMPACT The environmental assessment is not necessary for this evaluation. Page 2 of 3 Mayor and City Council November 18, 2008 FISCAL IMPACT The total proposed citywide lighting budget is estimated at $883,764. 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 which will be apportioned between 14,600 parcels. The District's share is based on its current contribution to the lighting system plus District administration and a 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 1. Conduct the Public Hearing, consider all protests and close the ballot proceedings at the conclusion of the Public Hearing for the Citywide Street Lighting Assessment District. 2. Close the Public Hearing and direct staff to review ballots and calculate whether a protest exists and to report back to the City Council at the December 2, 2008 City Council meeting with a recommendation to either approve or abandon the formation of the District based on the results of the ballots received. Approved by: '& I ky Donald Penman, City Manager Page 3 of 3 48:0115 i Arcadia City Council /Redevelopment Agency and Los Angeles County Supervisor Michael Antonovich WEDNESDAY, OCTOBER 29, 2008 CONTINUED ADJOURNED REGULAR MEETING MINUTES 8:00 a.m. Location: City Council Chamber Conference Room, 240 W. Huntington Driv CALL TO ORDER Mayor Robert Harbicht called the meeting to order at 8:00 a.m. ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council Agency Members Amundson, Chandler, Kovacic, Wuo and Harbicht Others Present: Los Angeles County Supervisor Mike Antonovich Juventino "J" Gomez, County Supervisor's Office Paul Novack, County Supervisor's Office • Sorin Alexanian, Los Angeles County Department of Regional Planning Michael Cano, Transportation Deputy to Supervisor Antonovich Dave Pilker, County of Los Angeles Department of Public Works SUPPLEMENTAL INFORMATION FROM CITY MANAGER /EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS None PUBLIC COMMENTS Mary Doherty, Arcadia resident appeared and spoke regarding the possibility of Measure R failing and suggested that the monorail system be explored as was proposed many years ago by Supervisor Antonovich instead of the subway to the sea for less money. CITY MANAGER a. REPORT AND DISCUSSION REGARDING MEASURE R. Supervisor Antonovich reported that the MTA authorized $4 million dollars for a public information campaign which he and Supervisor Molina objected to and after spending $1.2 million dollars they stopped but were able to get that expensive brochure mailed out to everyone's home. He noted that this was a one -sided brochure not an informational campaign and explained what an informational campaign is. He further noted that Supervisor Molina did get them to stop spending the remainder $3 million dollars and is trying to see if those directors including the Mayor of Los Angeles would have to pay for the brochure out of their own pockets. 10 -29 -2008 48:0116 • He commented that he would support the money going to specified projects approved by the voters. b. REPORT AND DISCUSSION REGARDING SANTA ANITA CANYON ROAD /CHANTRY ROAD. n U Pat Malloy, Assistant City Manager /Public Works Services Director reported that Sierra Madre and Arcadia are in the process of completing the repairs requested by the County before they will accept transfer of the property. He noted that once the cities have made all the improvements required by the County, the County would accept the transfer of the property including U.S. Forrest Service road transfers. He further noted that the County Department of Public Works are making the repairs for Sierra Madre. He reported that Monrovia received a $250,000 grant from FEMA to repair their portion of the roads, but the design costs came out to about $750,000. He further reported that Monrovia has put their project on hold and have been negotiating with FEMA to increase the money. He noted that Monrovia relayed to him that if negotiations with FEMA fail they will turn the $250,000 over to the County Public Works to fix the road. He further noted that he has been working with David Piker regarding the transfer. Dave Piker, County of Los Angeles Department of Public Works reported that his last conversation with Monrovia was that they would have their section completed by this fall. He will be meeting soon with the new Public Works Director to make sure that everyone is on the same page. C. REPORT AND DISCUSSION REGARDING THE SANTA ANITA DAM SEDIMENT REMOVAL PROJECT. Dave Pilker, County of Los Angeles Department of Public Works reported that the County has been working very closely with cities to make sure everyone is aware of the project in the last couple of years to meet safety standards. He noted that 300,000 to 500,000 cubic yards of material will be removed to a sediment site which will cause a lot of truck traffic. He further noted that the environmental document will be going to the Board in the next month or so and construction to begin next summer and will last approximately a year and a half. d. REPORT AND DISCUSSION REGARDING THE CONDITIONAL USE PERMIT (CUP) PROCESS ON HOTELS /MOTELS IN EAST PASADENA. C� Mr. Penman reported that the City was asked to provide comments regarding conditional use permit applications filed by a couple of motels in the east Pasadena area and requested an update. County staff reported that the Planning Commission recently approved closure of the Lucky Star and Days Inn Motels which have both been appealed. A brief background history of the motels was given by County staff. It was noted that the appeals will be going to the Board of Supervisors in the next couple of months. They also thanked and noted that the letters from the cities of Arcadia and Pasadena were very helpful. 10 -29 -2008 48:0117 • e. REPORT AND DISCUSSION REGARDING POSSIBLE IMPROVEMENTS ON LIVE OAK AVENUE. Mr. Penman noted that County has made a lot of improvements Live Oak Avenue. He reported that as part of the Rusnak Redevelopment project, the Church of Arcadia will be relocated to City owned property in front of the Arcadia Par 3 Golf Course and will be making street improvements. At the request of Mr. Penman, Development Services Director Jason Kruckeberg presented a brief report to the County staff regarding the update to the General Plan. County staff provided an update of potential projects in the works and possible loans for property owners in the area to improve their properties was discussed. In response to an inquiry by Council Member Chandler regarding the mobile home park, County staff responded that the mobile home park currently has only 12 tenants and moving forward with the closing process. They noted that there is a proposed multi - family condominium project will be heard by the Planning Commission in January or February. f. REPORT AND DISCUSSION REGARDING STATUS OF ROSEMEAD BOULEVARD IMPROVEMENTS. Supervisor Antonovich reported that in the spring of 2009 the County will start putting the power lines underground. The cost is approximately $28 million dollars. Dave Piker, County of Los • Angeles Department of Public Works noted that the project will take about 2'/2 years or so to complete. The City Council /Redevelopment Agency adjourned this meeting at 8:50 a.m. to November 4, 2008 at 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk (( � 1 By: Lisa Mussenden, Chief Deputy City Clerk 11 10 -29 -2008 50: 0149 • CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, NOVEMBER 4, 2008 CALL TO ORDER Mayor Harbicht called the Meeting to order at 6:30 p.m. ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Kovacic, Wuo and Harbicht ABSENT: Council /Agency Member Chandler A motion was made by Council /Agency Member seconded by Council /Agency Member to excuse Council /Agency Member Chandler. CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) None CLOSED SESSION a. Pursuant to Government Code Section 54956.8 conference with real property • negotiators. Property Winnie Way Park (509 Winnie Way) City Negotiators City Manager and Assistant City Manager /Public Works Services Director Negotiating Parties City of Arcadia and Benson Tse (Property Owner) Under Negotiation Price and Terms of Payment RECONVENE CITY COUNCILIREDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Harbicht called the Regular Meeting to order in the Council Chamber at 7:00 p.m. INVOCATION Reverend Daniel Earp, Amazing Grace Congregational Church PLEDGE OF ALLEGIANCE Hue Quach, Administrative Services Director ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Kovacic, Wuo and Harbicht ABSENT: Council /Agency Member Chandler A motion was made by Mayor Pro Tern Wuo, seconded by Council /Agency Member Kovacic to • excuse Council /Agency Member Chandler. 11 -04 -2008 50: 0150 REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION ITEMS City Attorney Steve Deitsch reported that the City Council /Redevelopment Agency met in a • closed session to discuss the one (1) real property negotiation item listed on the posted agenda under closed session, no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS None MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council /Agency Member Amundson, seconded by Mayor Pro Tern Wuo and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS Proclamation honoring Arcadia Festival of Bands Month. PUBLIC COMMENTS Fenton Eng, President of Dana Middle School PTA appeared and reported on various activities taking place at Dana Middle School; he noted that the principal is entering his second year and . also noted that plans for the new gymnasium have begun. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Kovacic noted that the polls close at 8:00 p.m. and urged everyone to go out and vote; he thanked City staff for assisting Oak Tree and Santa Anita Park with coordinating the Breeders Cup; he noted a letter received from a resident complaining about the number of helicopters flying over Arcadia. Police Chief Sanderson reported that the City received resources from Homeland Security during the Breeders Cup event due to the international nature of the event and the number of visitors from various countries around the world including dignitaries. He noted that Homeland Security provided assistance in the form of a "Black Hawk" military style helicopter which flew over the City and race track at various times throughout the day for two (2) days. In response to an inquiry by Council Member Kovacic regarding helicopters with spot lights that periodically fly above the City, Police Chief Sanderson noted that the City works with the Pasadena Police Department in a joint helicopter program along with other surrounding cities. He explained that the helicopter is used to assist the Police Department when searching for a suspect. He also added that the City of Pasadena recently purchased a new helicopter called a "Quiet Helicopter' which is quieter than the military surplus one currently used. C� 11 -04 -2008 50: 0151 • Council Member Amundson noted that a joint meeting was held last week with Supervisor Antonovich and members of his staff. He reported from that meeting that the City is currently working on transferring responsibility of the Santa Anita Canyon Road /Chantry Road to the County, that the County will be removing sediment from Santa Fe Dam and also discussed the rehabilitation of Live Oak Avenue. Regarding Item C on the agenda later, Mr. Amundson commended Mr. Malloy and his staff on saving the City and taxpayers about $300,000. Mayor Pro Tern Wuo noted that he was at Camino Grove Elementary School last week when the school went on lock down and commended the School District and the Police Department. He added that the helicopter was flying over the school area looking for two suspects who had burglarized a home in the area and were eventually caught. He noted the historical presidential election and hoped everyone voted; he also urged everyone to remember the Veteran's next week on Veteran's Day. City Clerk James Barrows noted that he and his wife worked Breeder's Cup with the Police Department and commended everyone's efforts. He responded to a comment made by Mr. Fenton and as a follow up to Mr. Wuo's comments regarding the lock down at Camino Grove Elementary School, he noted that the schools go through exercises and drills in the event of emergency situations. Mayor Harbicht commended and thanked, on behalf of the City Council, the 300 volunteers who were mostly Arcadia residents who worked at Breeder's Cup. He noted that at the last meeting, the City Council adopted a moratorium relating to massage therapy businesses and clarified that the possibility of prostitution at these businesses is a problem that is occurring in • surrounding cities, not just Arcadia. 1. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: 0 Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Regular Meeting Minutes of October 21, 2008. Recommended Action: Approve C. Accept all work performed by C P Construction Company Inc. for the Fairview Avenue Sewer Relief Line Project as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve C! C] TMDL as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve 11 -04 -2008 50: 0152 e. Recommended Action: Approve Accept all work performed by Gentry Brothers Inc. for the Santa Anita Avenue • Street Rehabilitation Project as complete and authorize the final payment to be made in accordance with the contract documents. Accept all work performed by Republic ITS for the Santa Anita Arcadia ITS Integration — CCTV Installation Proiect as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve g. Authorize the City Manager to execute a one (1) year contract extension with Grace Building Maintenance Company Inc for Janitorial and Porter Services at various City facilities in the amount of $326,470. Recommended Action: Approve Adopt Resolution No 6652 adopting a Memorandum of Understanding with the Recommended Action: Adopt Adopt Resolution No 6653 authorizing submittal of the FY 2007 -08 and FY Recommended Action: Adopt j. Adopt Resolution No 6655 adopting a Memorandum of Understanding with the • Los Angeles County Metropolitan Transportation Authority to receive Proposition C 40% Discretionary funds for the Municipal Operator Service Improvement Program. Recommended Action: Adopt In response to an inquiry by Council Member Amundson regarding Immigration Act language being included in extension agreements, City Attorney Steve Deitsch confirmed that the Immigration Act language is also added to all extension and amendments of contracts and agreements. A motion was made by Mayor Pro Tem /Agency Vice Chair Wuo, seconded by Council /Agency Member Kovacic and carried on roll call vote to approve items 1.a through 1.j on the City Council /Agency Consent Calendar. AYES: Council /Agency Member Wuo, Kovacic, Amundson and Harbicht NOES: None ABSENT: Council /Agency Member Chandler 2. CITY MANAGER rw authorizing the City's membership in the LA -RICS Authority and authorizing the City Manager to execute the JPA Agreement. . Recommended Action: Adopt 11 -04 -2008 50: 0153 • Fire Chief Tony Trabbie reported that following the events of September 11, 2001, the National 9 -11 Commission identified a serious weakness in various metropolitan areas' ability to respond to regional crises and disaster type events due to the lack of interoperable communications. He noted that a steering committee was created to further the creation of the "Los Angeles Regional Interoperable Communications System" (LA -RICS) for the purpose of developing and implementing a modern, integrated wireless voice and data communications system. He also noted that in furtherance of the goal of interoperable communications, a Joint Powers Agreement has been created that will form the LA -RICS Authority and a Board of Directors to oversee operations. He advised that by joining the JPA, it gives Arcadia voting rights within the Authority. He further advised that there is no fiscal impact on the City to join and allows the City to withdraw from the JPA prior to the adoption of a funding plan. Police Chief Bob Sanderson reported that currently local and regional law enforcement and fire agencies do not have inherent capabilities to communicate on a common radio system. He noted that the City of Glendale operates the Interagency Communications Interoperability Systems (or CIS) which provides some interoperable communications such as the Verdugo Fire Communications Center that the Arcadia Fire Department uses. He further noted that a true county -wide system does not exist. He also noted that a major concern in the event of a significant disaster or calamity when communications between public safety organizations is most needed, the current systems would not allow sufficient coordination between the various departments. He reported that for the last 2 '/z years, the LA -RICS Steering Committee have reviewed technical and governance issues associated with maintaining and operating such a system for the benefit of all communities in Los Angeles County. He briefly discussed the • funding plan and the governance structure of the Board. Additionally, he noted that the Steering Committee recommends the Joint Powers Agreement that will form the LA -RIGS Authority be approved by cities wanting to become a "member city" within 45 days after the County and City of Los Angeles execute the JPA. It was moved by Council Member Kovacic, seconded by Council Member Amundson and carried on roll call vote to adopt Resolution No. 6650 approving the Los Angeles Regional Interoperable Communications System (LA -RICS) Joint Powers Agreement (JPA) thus authorizing the City's membership in the LA -RIGS Authority and authorizing the City Manager to execute the JPA Agreement. AYES: Council Member Kovacic, Amundson, Wuo and Harbicht NOES: None ABSENT: Council Member Chandler b. Authorize the City Manager to enter into a Professional Services Agreement with Phil Wray, Deputy Director of Development Services reported that the California Vehicle Code requires cities to conduct engineering and traffic surveys every 5 years to set prima facie speed limits on city streets. He further reported that the engineering services for this project are needed to conduct radar surveys, reduce radar data to establish the 85th percentile, establish an accident rate and survey to determine roadway conditions and prepare a final report in a court approved format. He advised that the purpose of the survey is to establish speed limits enforceable by radar on city streets. He explained speed traps and speed limits on highways and two lane roadways. He reported that traffic courts have become more critical on speed 11 -04 -2008 50: 0154 surveys and specifically Arcadia's because the City's own Police Department gathers the data • and the court's feel this can create a conflict of interest for the police officers. He further explained that the best interest of the City would be to obtain an outside consultant to conduct an engineering and traffic survey. It was moved by Council Member Kovacic, seconded by Mayor Pro Tern Wuo and carried on roll call vote to authorize the City Manager to execute a Professional Services Agreement with Kimley -Horn and Associates, Inc. for engineering services in the amount of $18,010. AYES: Council Member Kovacic, Wuo, Amundson and Harbicht. NOES: None ABSENT: Council Member Chandler ADJOURNMENT The City Council /Redevelopment Agency adjourned this meeting in memory of Robert Talty at 7:50 p.m. to Tuesday, November 18, 2008, 6:00 p.m, in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk Lisa Mussenden, Chief Deputy City Clerk/ Records Manager • 11 -04 -2008 STAFF REPORT Public Works Services Department DATE: November 18, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Director .1 Prepared by: Tom Tait, Deputy Public Works Services Director Dave McVey, General Services Superintendent SUBJECT: SUMMARY Variable Speed Drives (VSD) are devices that control the electrical current to power the water pumps that supply chilled water for central air conditioning in the Police Department and City Hall. The existing eight (8) VSD in the Police Department have been malfunctioning, which has resulted in the loss of chilled water flowing through the central air conditioning unit. Staff recommends that the City Council award a purchase order to Emcor Group, Inc. for the purchase and installation of variable speed drives for the Police Department's central air conditioning unit in the amount of $49,852. Variable speed drives reduce energy costs and prolong the life of equipment by adjusting the flow of the electric current to meet demand. The current VSD in the Police Department were installed when the building was built and have been malfunctioning, requiring extraordinary maintenance. When a VSD malfunctions, the facility does not receive any air conditioning, which can create an extremely uncomfortable environment during summer months. Due to the numerous electrical problems with the existing VSD, staff believes it would be best to replace the 8 VSD in the Police Department at this time so that problems with the air conditioning unit will not continue. Public Works Services is responsible for energy management of all City facilities. In order to do so, staff utilizes the Andover system, which allows centralized control of all heating, ventilation, and air conditioning from a computer located and operated in the Public Works Services Department. The VSD that are installed in the Police Page 1 of 2 Tt1E AMOUNT OF $49,852 Recommendation: Approve Mayor and City Council November 18, 2008 Department must be compatible with the City's Andover system and Emcor Group, Inc is the sole source provider for the City's installation, programming, and management of the Andover system. In the event one of the VSD shuts down unexpectedly, it would take approximately 6 -8 weeks to repair it because parts are not readily available and must be fabricated for the VSD in the Police Department. Staff expects the new VSD to work with no problems for the next ten (10) years. Therefore staff recommends that the City Council award a sole source purchase order to Emcor Group, Inc. for the purchase and installation of variable speed drives for the Police Department's central air conditioning unit in the amount of $48,852. FISCAL IMPACT $50,000 is included in the 2008 -2009 Capital Improvement Program Budget under the Replacement of Pump drives and transformers Facility project RECOMMENDATION Approve a sole source purchase order to Emcor Group, Inc. for the purchase and installation of variable speed drives for the Police Department's central air conditioning unit in the amount of $48,852 Approved by: pl�� Donald Penman, City Manager PM:jb Page 2 of 2 ;:4 1 : : STAFF REPORT Public Works Services Department DATE: November 18, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Dire or f Prepared by: Lubomir Tomaier, Principal Civil Engineer Tiffany Lee, Assistant Civil Engineer SUBJECT: SUMMARY The 2008 Water Master Plan Update recommends the construction of several new domestic water wells in the Main San Gabriel Basin to augment the supply of ground water in the Raymond Basin during periods of drought and to provide high - capacity wells that will improve overall system reliability during periods where older wells undergo maintenance. On August 19, 2008, the City Council awarded the design of two (2) additional water wells to be built in the City, Longley Well No. 3 and Camino Real Well No. 3. As part of the design phase, the California Environmental Quality Act (CEQA) requires the City to conduct an initial study to determine if the projects have any significant impact on the environment. The initial study has been completed and it has been determined by City staff that the construction of the two new wells will not have a significant impact on the environment. Therefore staff recommends that the City Council adopt the proposed Mitigated Negative Declaration for the Longley Well No. 3 and Camino Real Well No. 3 project, pursuant to the requirements of the California Environmental Quality Act (CEQA). DISCUSSION On August 19, 2008, the City Council awarded the design of Longley Well No. 3 and Camino Real Well No. 3 to CivilTec Engineering Inc. As part of the design phase, the City is required to perform an Initial Study in compliance with the California Environmental Quality Act. As a result of the Initial Study, staff concluded that the Page 1 of 2 Recommendation: Approve Mayor and City Council November 18, 2008 construction of the two new wells would have no adverse impacts on the environment. CEQA requires a Mitigated Negative Declaration when it has been determined that the project will have no significant effect on the environment and does not require the preparation of an environmental impact report. A Mitigated Negative Declaration is a document that describes the proposed project, presents the findings, and states the reasons why the City has concluded that there will be no significant effect. The completed Initial Study is also included in the report to support the determination of no significant effect on the environment. Notice of Intent to adopt the proposed Mitigated Negative Declaration was published in the adjudicated paper and made available to the public October 13, 2008. Individual brochures were also mailed to residents within a 500 foot radius of the project to inform them of the proposed Mitigated Negative Declaration. The general public was given the opportunity to ask questions or submit comments until November 4, 2008 and none were received. Staff recommends that the City Council adopt the proposed Mitigated Negative Declaration for the Longley Well No. 3 and Camino Real Well No. 3 project, pursuant to the requirements of the California Environmental Quality Act (CEQA). FISCAL IMPACT None Adopt the proposed Mitigated Negative Declaration for the Longley Well No. 3 and Camino Real Well No. 3 project, pursuant to the requirements of the California Environmental Quality Act (CEQA). Approved: J)tfi� I'c-� Donald Penman, City Manager PM:LT:TL Page 2 of 2 STAFF REPORT Public Works Services Department DATE: November 18, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Director SUBJECT: SUMMARY The Arcadia Par 3 Golf Course, located at 620 E. Live Oak Ave. Arcadia, CA, is owned by the City and is currently leased to American Golf Corporation (AGC) for complete operations and maintenance. Staff has completed negotiations on a final lease agreement with American Golf Corporation which include all terms and conditions as discussed with City Council. Staff recommends that the City Council award a lease agreement for the management of operations and maintenance of the Arcadia Par 3 Golf Course to American Golf Corporation and authorize the City Manager to execute the lease agreement on behalf of the City. BACKGROUND As directed by the City Council, staff conducted a Request for Proposal (RFP) for complete management of operations and maintenance for the Arcadia Par 3 Golf Course. The City received four (4) proposals. Based on the proposals received, personal interviews, follow -up discussions, Keyser Marston Associates' financial evaluation and with the market in its current state of economic downturn, staff determined that American Golf Corporation is the most qualified and responsible firm to manage the operations and maintenance of the Arcadia Par 3 Golf Course. AGC the current operator is familiar with the revenue performance of the course and are prepared to guarantee rental payments for the next twenty years, which is crucial in today's market economy. AGC has demonstrated its ability to successfully manage the golf course for the past twenty (20) years along with other courses nationwide. During the last ten years, AGC has developed relationships with the schools and the Page 1 of 3 Recommendation: Approve Mayor and City Council November 18, 2008 community. They are currently involved with community recreation events as well as with Arcadia High School Golf Team and surrounding schools. Staff believes choosing AGC will continue the growth of recreational golf in the community. DISCUSSION At the August 19, 2008 meeting, the City Council authorized staff to negotiate a final lease agreement with AGC. The final lease agreement agreed upon by both the City and AGC includes: Term 20 years (4, 5 year optional extensions) Year 1 = 15% Golf Revenue + 8% Other Revenue -or- $125,000 minimum rent Year 2 -5 = 15% Golf Revenue + 8% Other Revenue -or- $150,000 minimum rent Rent Year 6 -10 = 17% Golf Revenue + 8% Other Revenue (subject to Gross Revenue exceeding $1,200,000 during prior twelve (12) months) -or- $150,000 minimum rent Year 11 -20 = 19% Golf Revenue + 8% Other Revenue (subject to Gross Revenue exceeding $1;350,000 during prior twelve (12) months) -or- $150,000 minimum rent • $ 300,000 Upgrade driving range Capital • $ 600,000 Irrigation replacement Improvements • $ 65,000 Grill installation in clubhouse • $ 35,000 Installation of concrete path $ 1,000,000 Total Capital Improvement Beginning July 2010, fund an annual CIP Reserve equal Fund 2.5% of Gross Revenues for future facility improvements and ongoing repair requirements AGC will replace the irrigation system and renovate the driving range in the amount of $900,000 in the first two (2) years of the new lease agreement. ' Staff expects that this work will be complete by summer of 2009. The installation of a grill and concrete path will begin the fifth (5) year of the contract. Page 2 of 3 Mayor and City Council November 18, 2008 Additionally, staff has included more stringent landscape and building maintenance standards to maintain and improve the condition of the golf course facility as well as recreational program standards in collaboration with the City. Beginning in January 2010, City staff and AGC will meet every January to discuss and establish a capital improvement plan for the golf course, which will include funding from the 2.5% Capital Reserve. The 2.5% of total gross revenues will contribute approximately $30,000 per year to the Capital Reserve Fund. Potential capital improvements may include repair or maintenance projects in excess of $3,000 in addition to: • Design and construction of a nursery. • Design and construction of a short game practice area for chipping and sand bunker shots. • Install new fencing and screening along the back of the golf course. • Install new energy efficient air conditioning units for the Facility. • Upgrade indoor /outdoor lighting to energy efficient fixtures. • Installation of waterless urinals in men's restroom. Staff believes that the final lease agreement encompasses all of the City Council's concerns and will ensure a quality golf experience for the community. A copy of the draft Lease Agreement will be made available for review in the office of the City Clerk. FISCAL IMPACT American Golf Corporation has proposed $125,000 minimum rent for the first year of the lease and $150,000 minimum rent each year thereafter or a percentage of the gross revenues if they exceed gross revenue projections for each year, whichever is greater. These revenues contribute directly to the General Fund. RECOMMENDATION Award a lease agreement for the complete management of operations and maintenance of the Arcadia Par 3 Golf Course to American Golf Corporation and authorize the City Manager to execute the lease agreement on behalf of the City. Approved by: 1. *Dcn Ten,., Donald Penman, City Manager Weil Page 3 of 3 Development Services Department DATE: November 18, 2008 TO: Redevelopment Agency Board FROM: Jason Kruckeberg, Development Services Director 31-(C SUBJECT: Consideration of Design Review approval and appropriation of $252,994 Recommendation: Approve SUMMARY The Arcadia Redevelopment Agency is requesting design review approval and an appropriation of funds from the Agency Board to rehabilitate and improve the Arcadia Self Storage building at 35 West Huntington Drive and the associated tenant spaces (33A, 33B and 37 West Huntington Drive). The Agency has been working with Rusnak Mercedes Benz to facilitate their use of a portion of the building and has been involved with relocating commercial tenants and storage tenants to ready the building for a change in use. As part of this change in use, the Agency intends to give the building a "facelift" and lease space to Rusnak as well as to new commercial tenants in the spaces fronting Huntington Drive. The building's exterior is currently in a general state of disrepair and is in need of rehabilitation. Completion of the planned improvements will add value to the building and will improve this important and highly visible location within the Redevelopment Area. BACKGROUND The Arcadia Redevelopment Agency (ARA) took over ownership of Arcadia Self Storage at 35 West Huntington Drive in October of 2006. Since that time, the Agency has continued the use of the building as storage but has not rented out any units to new tenants. Additionally, the ARA has long been working with Rusnak Mercedes -Benz (Rusnak) on a land assembly and redevelopment project that would provide expansion opportunities for Rusnak. The City has been attempting to deliver properties for this potential expansion, including 35 West Huntington Drive. Since taking over the building, the plan was for the Agency to rehabilitate the building with the ultimate goal of turning the building completely over to Rusnak at an appropriate time. Staff Report -35 W. Huntington Dr— November 18, 2008 Page 2 DISCUSSION To begin the process of readying the building for re -use, the three office /retail tenants were re- located out of the building in the last several months.. To facilitate Rusnak's immediate need for the building, Staff has worked diligently with Overland Pacific and Cutler to relocate storage tenants either out of the building or to other floors within the building. Rusnak will utilize the basement and much of the first floor for the storage of auto parts. This would only be for storage purposes, no customer transactions would occur at this site. On September 16, 2008, the Agency approved this use through a waiver of Agency Resolution No. 172 and the Planning Commission approved the project through a use determination on September 23, 2008. The last storage tenant on the impacted floors was relocated on November 1, 2008 and the majority of the demolition of the basement and first floor occurred the week of November 3. Rusnak's move of their parts department into the building began on November 8. At the same time relocation was occurring, Staff contracted with La Canada Design Group for architectural services to plan the exterior improvements to the building and contracted with Vargas Olson to estimate the interior improvements. Design Review and Exterior Improvements The proposed design of the building and storefronts is simple and clean. The plan for the building is to clean and paint all sides of the building, including two -tone coloration (grey and white) on the Huntington Elevation. Optional metal accent banding is proposed for the comers of the building for visual interest and to add scale to the elevation. Because this building is not intended to be owned by the City over the long term, architectural plans are straightforward and unadorned. This would allow for future embellishments by future owners as proposed. The Huntington elevations and storefronts will be rebuilt and improved to be parallel to the street rather than the current zigzag pattern. The mterials and coloration will match the existing Rusnak Mercedes building and the metal and glass will provide a modern look that can accommodate tenant signage. A curved awning will extend below the existing concrete awning to provide .a focal point for pedestrians and those driving past the building and to add mass to the storefront of the building. This awning will include lighting to enhance the commercial space. The existing rock columns will be plastered over and painted grey to match the rest of the building. The large canopy will remain in the back of the building although this will be cleaned and painted as necessary. The "Arcadia Self Storage" sign at the top of the building will be removed. Any signage proposed for: the, commercial tenants or Rusnak will go through an administrative design review process and will be proposed by the individual tenant. Additionally, new fencing will be added as well as screening of the dumpsters and trash area. J Staff Report —35 W. Huntington Dr — November 18, 2008 Page 3 Interior Improvements to Commercial Spaces The three commercial spaces fronting Huntington Drive will be rehabbed and made ready for tenants. Agency staff is currently in discussions with prospective tenants for these spaces. The spaces were inspected by City contractor Vargas Olson who provided an estimate of the costs for tenant improvement work. Walls, floors, bathrooms, and ceilings will be improved and replaced as necessary. Tenant spaces 33A and 33B West Huntington Drive are in decent condition, with repair and replacement estimated at $22,500. Tenant space 37 W. Huntington requires more extensive demolition and rebuild to be a viable tenant space. This work is valued at $30,000. The total estimate for the interior improvements is $52,500. Additional tenant improvement work will be performed by the lessees once they have been approved by the Agency and the Development Services Department. If approved by the Agency Board, a bid package will be developed and released to solicit bids on both the exterior and interior portions of the project. Because Redevelopment funds are proposed to be utilized, prevailing wages must be paid to all contractors on the job. FISCAL IMPACT Because of the size of the building, painting and rehab are not simple tasks. This process will require scaffolding and significant manpower. The architect's estimate for painting, storefront and awning work is $175,494 (see Attachment B). Vargas Olson's estimate for the interior work and basic tenant improvement is $52,500. In addition, $25,000 is estimated for the fencing and trash enclosure (screening) work. As such, the Agency is requesting an appropriation of $252,994 from the Redevelopment Agency budget to rehabilitate and improve 33A, 33B, 35 and 37 W. Huntington Drive. The Redevelopment Agency budget contains adequate funds to pay for the improvements. RECOMMENDATION That the Redevelopment Agency Board approve Design Review for 35 West Huntington Drive and appropriate $252,994 from the Redevelopment Agency budget for the rehabilitation and improvement of the building. Approved By: 1 t � P" ^� -- Donald Penman City Manager /Executive Director Attachments: Attachment A: Design Concept for 35 West Huntington Drive Attachment B: Scope of Work and Cost Estimate for Exterior Improvements C !'�' - r `-.: .. W `£'ray �T aT� .. AN 7 ... p .. was Iq' Prepared by La Canada Design Group 10/20/08 City of Arcadia Storage Building DESCRIPTION OF WORK The following describes exterior improvements to the City-owned storage building on West Huntington Drive between Morlan Place and Santa Anita Avenue. The improvements are modest, consisting of new paint, metal accent strips on the upper part of the facade, a new storefront and canopy soffit. The descriptions are typically drawn from manufacturer's literature. 1.0 Unoer Facade 1.1 Paint —Paint the entire exterior of the building._ Note the two colors in the rendering for Option 1, white and gray — gray at the southwest corner and middle section of the south facade. Dunn Edwards DESCRIPTION: ENDURA -COAT® is a professional alkali- resistant latex flat paint formulated for use on exterior masonry surfaces. ENDURA -COAT® has good hide and touch -up qualities. ENDURA -COAT® may also be used on properly prepared and primed exterior wood and metal surfaces. SURFACE. PREPARATION All surfaces must be cured, clean, dry, and free from dirt, dust, rust, stains, grease, oil, mildew, wax, efflorescence and other contaminants. Remove all loose, peeling, or chalky paint by sanding, scraping, high- pressure washing or other appropriate methods. Repair all cracks, holes, and other surface imperfections with a suitable patching material. Repaired surfaces should match the surrounding surface texture. If efflorescence exists, remove all noticeable deposits and prime the entire surface with Super- LocO,(W 718), Eff -Stop® (W 709) or Acrl -Loc@) (W 6232). SPECIAL INSTRUCTIONS • CAUTION: Scraping or sanding surfaces of older buildings (especially pre -1978) may release dust containing lead or asbestos. EXPOSURE TO LEAD OR ASBESTOS'CAN BE .VERY HAZARDOUS TO YOUR HEALTH. Always wear appropriate personal protective equipment during surface preparation, and finish cleanup of any residues by water- washing all sUfrreces. For more information, see Dunn - Edwards brochure on "Surface Preparation Safety" or call EPA's National Lead Information Hotline at1- 800-424 -LEAD, or log on to www.epa.gov /lead or /asbestos, or contact your state or local Health Department. 1.2 Metal accent strips The accent strips are applied horizontally, equally spaced and related to the vertical spacing of the windows, on the southwest comer of the building. Page 1 of 4 Prepared by La Canada Design Group 10/20/08 Extruded or bent aluminum tubing with 3" x 3" profile, clear anodized, with concealed stainless steel fastenings. 2.0 Storefront The storefront should be parallel to the street (currently zigzags) and moved out to the property line. This increases floor area and reduces the deep shadows under the canopy. The storefronts also become more visible from the street. A 12 -18" high horizontal metal signage band is proposed above the doors. The signs should be backlit, with cut -out letters /logos. Clear glass and clear anodized aluminum is proposed. 2.1 Swing doors — Kawneer 190 Narrow Stile Entrance Tough yet attractive, the clean lines of Kawneer's Standard Entrances are designed as a single- source package of door, door frame and hardware that is easily adaptable to custom requirements. Designed to complement new or remodel construction, modem or traditional architecture, they are engineered, constructed and tested to make good first impressions while withstanding the rigors of constant use by occupants and visitors. The 190 Narrow Stile Entrance • Is engineered for moderate traffic in applications such as stores, offices and apartment buildings • Vertical stile measures 2 -118" (54); top rail 2 -1/4" (57.2) and bottom rail 3-7/8"(98.4) • Results in a slim look that meets virtually all construction requirements 2.2 Storefront — Framing — Kawneer Trifab 400 Features • Trifab® 400 is 4" deep with a 1 -3/4" sightline • Center plane glass applications • Flush glazed from either the inside or outside • Screw Spline, Shear Block or Stick fabrication • 1/8 ", 114" or 318" infill options • Permanodic® anodized finishes in 7 choices • Painted finishes in standard and custom choices Product Applications • Storefront, Ribbon Window or Punched Openings • Single -span • Integrated entrance framing allowing Kawneer standard entrances or other 2.3 Storefront Signage — ASI Modulex "Messenger Exterior" Page 2 of 4 Prepared by La Canada Design Group 10/20/08 As an alternative to back -lit signs indicated above, ASI Modulex's " Messenger Exterior" brings a fresh appearance to exterior signage. Combining form, flexibility and function, the Messenger Exterior Series features interchangeable, slim -line, flat -face panels that can be configured to meet your speck needs. The Messenger Exterior Series may be combined with the Messenger Interior Series to create a complete system solution for both outside and inside a facility. Typical Uses - Main Site ID Product Features Versatile, expandable, modular system Front - loading interchangeable aluminum panels Durable Aluminum construction Mounting - Wall Mounted Finishes & Graphics 142 standard colors, custom available Screen Process, LTV Series Vinyl Warranty 2 -year warranty on parts and labor 10 -year supplemental guarantee. 3.0 Metal Soffit The clear anodized aluminum soffit should 'read' as an airfoil shape, by recessing both ends (use a closer panel set back 12 ") and projecting the soffit plane. To assure the panels are flat, sandwich panels such as those made by Aluoobohd are proposed. Downlights should be placed in the soffit to illuminate the sidewalk and storefront, below. 3.1 Alucobond , Physical Properties Material Composition > Aluminum facings in 0.020" nominal thickness (interior and exterior to ensure flatness) > Polyethylene core available in 3mm, 4mm, and 6mm thicknesses (PE) > Proprietary fire- resistant core available in 4mm thickness only (Plus) Panel Widths P anel Lengths > Standard widths 50" and 62" (coil coated) > Standard lengths 122 ", 146 ", and 196" > Standard widths 50" and 62 (anodized) > Custom lengths up to a maximum of 360" > Custom width 40" Page 3 of 4 Prepared by La Canada Design Group 10/20/08 Minimum Bending Radius > The minimum bending radius of Alucobond® and Alucobond® Plus without routing the interior skin is 15 times the thickness of the material. Available Finishes > PVDF, FEVE > Polyester > Modified Polyester > Anodized > Monochromatics, Micas, & Metallics > Natural Page 4 of 4 La Canada Design Group City of Arcadia Storage Building OPTION A - IMPROVEMENT COSTS 10/20/08 Total Cost $175,494 Notes: 1) Mark -up consists of 3 mos escalation; GC overhead /genl conditions, insurance, contingency, profit, bond; A -E fees; project contingency. W105231Adm1n\CostEstslmatl costs.xls Product Unit Cost Units Quantity Subcon- tractor Cost Mark -up' @ 70% Total Cost 1 Paint (preparation, 2- coats) $1.00 SF 12,540 $12,540 $8,778 $21,318 2 Metal 'reveal' strips, 2 "wide $32.00 LF 256 $8,192 $5,734 $13,926 3 Storefront - aluminum, clear glass $56.75 SF 720 $40,860 $28,602 $69,462 4 Metal canopy $60.00 SF 560 $33,600 $23,520 $57,120 5 Accent lights, incl power $380.00 EA 8 $3,040 $2,128 $5,168 6 Illuminated sign $'16000.00 EA 1 $5,000 $3,500 $8,500 7 $0 $0 $0 Total Cost $175,494 Notes: 1) Mark -up consists of 3 mos escalation; GC overhead /genl conditions, insurance, contingency, profit, bond; A -E fees; project contingency. W105231Adm1n\CostEstslmatl costs.xls j *. STAFF REPORT Public Works Services Department DATE: TO: FROM: SUBJECT: SUMMARY November 18, 2008 Mayor and City Council Pat Malloy, Assistant City Manager /Public Works Services Director Prepared by: Jacquelyn Betancourt, Public Works Office Coordinator i Yl r 1 The State Legislature (SB 1679) established the San Gabriel Basin Water Quality Authority (WQA) to develop, finance and implement groundwater treatment programs within the San Gabriel Valley. The WQA is under the direction and leadership of a seven (7) member board. There is one seat up for election on December 15, 2008 and the City must cast its vote for one of the candidates nominated. Therefore, staff recommends that City Council adopt Resolution No. 6656 electing a representative for cities with pumping rights to the Board of the San Gabriel Basin Water Quality Authority. DISCUSSION The City of Arcadia is allotted one vote per 10,000 residents, resulting in five (5) votes that must be cast for one candidate. Two (2) candidates were nominated to serve on the Board of the WQA: 1.) Mayor Ernie Gutierrez was voted into the office as Mayor of the City of El Monte in 2003. With over twenty (20) years of city experience Mayor Gutierrez has been involved in several city commissions that include the Planning Commission, Parks Recreation and Transportation Commission as well as the Sister City Commission. Mayor Gutierrez is committed to a number or organizations within his community. He currently serves as Chairman for the Alameda Corridor East (ACE) Construction Authority created by the San Gabriel Valley Council of Governments to mitigate the impacts of significant increases in rail traffic in the San Gabriel Page 1 of 2 Mayor and City Council November 18, 2008 Valley. He also serves as President for the East Los Angeles Educational Coordinating Committee and is the Founder of the La Historia Society Museum located in the City of El Monte. 2). Councilman Greg Nordbak has served on the Whittier City Council since his election in 1994 and served as Mayor from 1998 -2000. At present, Councilman Nordbak is serving as the elected representative to the Board of the San Gabriel Basin Water Quality Authority (WQA) representing cities with prescriptive pumping rights. Mr. Nordbak is also a past president of the Board of Directors for the Gateway Cities Council of Governments. Councilman Nordbak currently serves as alternate for the Southeast Water Coalition, alternate for the Independent Cities Association, delegate for the Gateway Cities Council of Governments, alternate for the Wildlife Corridor Conservation. Authority, and Chairperson representing District 18 for the Los Angeles County Sanitation District. He is actively involved in his community with the Whittier Boys and Girls Club, Skills Foundation, American Red Cross, and as a member of the Whittier Rotary Club. Based on this information, staff recommends the City Council choose one of the above mentioned candidates to receive the City's five (5) votes to be a Board Member of the San Gabriel Water Quality Authority. RECOMMENDATION Adopt Resolution No. 6656 casting Arcadia's five (5) votes for either Mayor Ernie Gutierrez of El Monte, California or Council member Greg Nordbak of Whittier, California, to represent Cities with Prescriptive Water Pumping Rights on the Board of the San Gabriel Water Quality Authority. Approved by: I ter-� Donald Penman, City Manager PM:jb Page 2 of 2 RESOLUTION NO. 6656 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CASTING ITS VOTES FOR XXXXX TO REPRESENT CITIES WITH PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY WHEREAS, on September 22, 1992, Senate Bill 1679 was signed into law by Governor Pete Wilson authorizing the creation of the San Gabriel Basin Water Quality Authority; and WHEREAS, the Board of the San Gabriel Basin Water Quality Authority is composed of seven (7) members with three (3) appointed members from each of the three (3) municipal water districts, one elected city council person from cities in the San Gabriel Basin with prescriptive pumping rights, one elected city council person from cities in the San Gabriel Basin without prescriptive pumping rights, and two (2) appointed members representing water producers in the San Gabriel Basin; and WHEREAS, the City of Arcadia is one of the cities in the San Gabriel Basin with prescriptive pumping rights; and WHEREAS, the City of Arcadia may cast its five (5) votes for a representative by resolution no later than December 15, 2008 at 5:00 p.m. i NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Arcadia casts its five (5) votes for XXXXX as the representative for cities in the San Gabriel Basin with prescriptive pumping rights. SECTION 2. 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: �4� (? 6tj� City Attorney Stephen P. Deitsch 2