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HomeMy WebLinkAboutApril 4, 1995�A ,_IRs�y A G E N D 'A Arcadia City Council Meeting and Redevelopment Agency April 4, 1995 Regular Meeting: 7:00 p.m. INVOCATION Rev. Russell Williams, Santa Anita Church ACTION PLEDGE OF ALLEGIANCE Kent Ross, City Librarian ROLL CALL: Council Members Chang, Kuhn, Lojeski, Margett and Young All Present PRESENTATIONS Presentation to AYSO Southern California Champions - Division 4 and 5 teams. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS - REPORTS /ANNOUNCEMENTS /STATEMENTS None QUESTIONS FROM CITY COUNCIL/REDEVELOPMENT AGENCY REGARDING CLARIFICATION OF AGENDA ITEMS None MOTION: Read all Ordinances and Resolutions by title only and waive reading in full. Adopted 5 -0 TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS Don Swenson THE CITY COUNCIL (NON- PUBLIC HEARING) - (FIVE MINUTE TIME LIMIT June Fee PER PERSON) Craig Lucas John Reuter Bea Chute Jeff Gardner Marjorie Elliott JoAnn -Scott Harry Sarkisian Virginia Holzer John Meehan Daniel Chute Bob Harbicht MATTERS FROM ELECTED OFFICIALS City Council Reports /Announcements /Statements /Future Agenda Items Kuhn - Little League breakfast, Lojeski - April 11 & 18 elections, Chang AVB, April 18 election, Young - Delegation from Germany & Notification list for RECESS CITY COUNCIL SART project, 574 -5414 -1. AGENDA 414195 0 0 MEETING OF THE ARCADIA REDEVELOPMENT AGENCY ACTION ROLL CALL: Agency Members Chang, Kuhn, Lojeski, All Present Margett and Young CONSENT ITEMS 1. Minutes of the March 14, 1995, adjourned regular meeting and Approved March 21, 1995 regular meeting. 2. Request to terminate the Exclusive Right to Negotiate (ERN) between Approved 5 -0 the Redevelopment Agency and Victor K. Georgino for a proposed theater and restaurant project at 55 E. Huntington Drive. ADJOURN to April 18, 1995 @ 7:00 p.m. RECONVENE CITY COUNCIL CONSENT ITEMS 1. Minutes of the March 14, 1995 adjourned regular meeting and Approved March 21, 1995 regular meeting. 2. Recommendation to accept the reconstruction of the Block Wall at the Approved 5 -0 Baldwin Reservoir Site -W O. 560. 3. Recommendation for final acceptance of rehabilitation of Deficient Approved 5 -0 Storm Drain Pipes, Project - Job No. 534. 4. Recommendation to purchase four paratransit vans for Arcadia Transit. Approved 5 -0 -2- AGENDA 4/4/95 CONSENT ITEMS (continued) 5. Recommendation to adopt RESOLUTION NOS. 5844 and 5845 amending the California Penal Code and the Welfare and Institutions Code relative to sexually violent felons. RESOLUTION NO. 5844 - A Resolution of the City of Arcadia, California, calling on the State Legislature to amend the California Penal Code relative to the noti- fication of local officials of the release of persons convicted of violent felonies. RESOLUTION NO. 5845 -A Resolution of the City of Arcadia, California, calling on the State Legislature to amend Section 6250 of the Welfare and Institutions Code to provide a new civil commitment and commitment procedure relative.to sexually violent felons. CITY MANAGER Recommendation for appointments to the Handicap Accessibility Appeals Board and Fire and Building Code Appeals Board. Adopted 5 -0 Adopted 5 -0 Continued to 4 -1E 2. Recommendation regarding approval of a Reimbursement Agreement Approved 5 -0 between the City and Santa Anita Realty Enterprises and Consultant agreements between the City and City selected consultants to imple- ment the land use decision - making process - proposed Santa Anita Commercial Entertainment Planned Development. 3. Recommendation and discussion of the Physical Facilities Master Plan Continued to 4 -11 and recommendation to either award the library construction bid or reject the bids - Job. No. 600. 4. Request to authorize submission of an application for Federal grant monies to fund the P.A.C.E. 2000 Community Interaction Program. 5. Recommendation to negotiate a three (3) month extension of the Residential Refuse Agreement and approve Resolution No. 5846, authorizing a multi -city request for proposal process for residential solid waste collection. RESOLUTION NO. 5846 - A Resolution of the City of Arcadia, California, authorizing the City to pursue a multi - city procurement process for residential refuse and recycling collection. Approved 5 -0 Motion to approve & adopt Res 5846 died for lack of a Second -3- AGENDA 414/95 I • CITY ATTORNEY • 1. ORDINANCE NO. 2037 - INTRODUCTION - An Ordinance of the City Introduced 5 -0 of Arcadia, California, amending Section 9273.1.10.1 of the Arcadia Municipal Code changing the hours for satellite wagering at Santa Anita Race Track (Text Amendment 95 -001). 2. ORDINANCE NO. 2036 - ADOPTION - An Ordinance of the City of Adopted 5 -0 Arcadia, California, amending and adding various sections to Article VII, Division 3, Part 5, Chapter 5 of the Arcadia Municipal Code, adding Phases VI, VII, VII and establishing a water banking programs a part of the Mandatory Water Conservation Plan. CLOSED SESSION 1. Pursuant to Government Code Section 54975.6 for conference with labor negotiators Dan Cassidy and/or Gary Rogers regarding the Arcadia Firefighter's Association. 2. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the existing cases of El Monte vs. Arcadia and Rodeffer (Superior Court Case No. 104508 and 028499). 3. Pursuant to Government Code Section 54957 - Public Employee Performance Evaluation - City Manager. ADJOURN to April 18, 1995 @ 7:00 p.m. in memory of Alton Everett Scott and Michelina LoGrasso. Meeting adjourned in memory of Alton Scott and Michelina LoGrasso, ro 5:30 p.m., April 11, 1995. - - -4- AGENDA 4/4195 MC ORPORATSO',�O April 4, 1995 TO: Mayor and Cit;r Council 0 1 2'o -07 Plea /S %3r%s Memorandum FROM: William Kelly, City Manager By: Rick Gomez, Deputy City Manager/ Development Services Prepared By: Donna L. Butler, Community Development Administrator Director SUBJECT: Recommendation for Appointments to the Handicap Accessibility Appeals Board and Fire and Building Code Appeals Board Resolution 5814 established the Handicap Accessibility Appeals Board and Ordinance 2028 established the Fire and Building Code Appeals Board. These legislative actions require the City Council, upon recommendation of the City Manager to appoint members to each Board. The City Manager is recommending the appointment of the citizens as follows below to the Boards listed below. Each Board of Appeals shall be comprised of five persons. According to the Resolution, the City Manager shall recommend members for appointment by the City Council. The City Charter requires that members of boards and commissions be appointed from the legally registered voters of the City. The Charter precludes a Commission or Board Member from holding any other City office or employment. The Handicap Accessibility Appeals Board was established to consider written appeals regarding action taken by the Development Services Department in its enforcement of State regulations pertaining to access to public accommodations by physically handicapped persons. Appeals Board Appointments April 4, 1995 Page 1 LASER IMAGED Resolution 5814 which established the Handicap Appeals Board sets forth the! following requirements: The Board shall consist of five (5) members; two (2) members m= be physically handicapped persons; two (2) members must be! knowledgeable in building construction and one (1) member will represent the City, at large. .. - _..- . This Board was established in order to consider appeals of the following: • Building Code - the Board may consider appeals of "orders, decisions or determinations made by the Building Official relative to the application and interpretation of the Uniform Building Code (UBC)." • Fire Code - the Board may consider appeals on "orders, decisions or determinations made by the Fire Chief" relative to ' the suitability of alternative materials and type of construction and /or reasonable interpretations of the provisions of the Uniform Fire Code (UFC). Ordinance 2028, which established the Building and Fire Code Appeals Board requires that the Board be comprised of five (5) members including professionals knowledgeable about the Building and Fire Codes and experienced in construction. Members of both Boards will serve four (4) year terms and the Boards will meet as necessary to conduct business. In order to find qualified persons to serve on the Boards the City took the following: • Sent letters of interest and citizen service resumes to architects, • Sent letters of interest and citizen service resumes to persons referred to the City staff, • Published a notice in the Pasadena Star News seeking volunteers to serve on the Boards, and • Posted notice on the Cable TV Community Bulletin Board. The City received responses from eight (8) persons (see the attached list). Staff has reviewed all the Citizen Service Resumes and is recommending the following Board appointments: Appeals Board Appointments April 4, 1995 Page 2 J APPEALS BOARDS Appeals Board Name Bldg /Fire Handicap Background /Experience James Dorr x x Architect - 39 year resident of City Gerry Busse x x Architect -10 year resident of City John Chan x Civil Engineer - 2 year resident of City William Milligan x Battalion Chief - Pasadena Fire Department 16 year resident of City Ted Parker x Mechanical Engineer - 30 year resident of City Gina Jalbert Leonard Henkey Anthony Costanza resident X Physically Challenged - lifetime resident of the City - full time college student X. Physically Challenged - retired X Physically Challenged - 20 years experience in engineering and construction - 20 year IL 1� r James Dorr Gerry Busse Gina Jalbert Leonard Henkey Anthony Costanza James Dorr Gerry Busse William Milligan John Chan Ted Parker Because of the lack of response from qualified persons and the need to have Code knowledgeable members on each Board, staff is recommending that two (2) of the architects serve on both boards. A summary of the citizen service resumes provided by the individuals listed above is attached. If the City Council concurs with staff's recommendation, the City Council should move to appoint the above citizens and swear them in at the City Council meeting of May 2,1995. Attachment: Summary of Citizen Service Resume Approved b `lwk rr y William R. Kelly, City Manager Appeals Board Appointments April 4, 1995 Page 3 -7 0 1, Cm #4 Memorandum DATE: April 4, 1995 TO: Mayor and Members of the City Council FROM: Ronnie Garner, Chief of Police SUBJECT: Request to Authorize Submission of an Application for Federal Grant Monies to Fund the P.A.C.E. 2000 Community Interaction Program. SUMMARY: As the City Council is aware, the Police Department is implementing a Community Oriented Policing concept entitled P.A.C.E. 2000 (Peaceful Arcadia through Community Efforts) . The program involves the commitment of resources from several segments of the community to work in partnership to reduce crime and violence, interact with youth, address cultural diversity issues, and develop long range strategies to improve the quality of life for all who live and work in Arcadia. The predominant funding of the P.A.C.E. 2000 program is proposed to come from our asset seizure fund with supplemental funding from a Federal Grant called "COPS- FAST ". If we receive the COPS -FAST funds, a total of $150,000 will be applied to the P.A.C.E. 2000 program over a period of three (3) years. At the end of that time, the grant regulations require the City to sustain the program with local funding. Staff is recommending that the City Council authorize the application for Federal Grant Money under the COPS - FAST program. DISCUSSION: The P.A.C.E. 2000 program is underway and receiving outstanding feedback from the community, the School District, and the P.T.A. as well as strong internal support from Police Department members. We have conducted a preliminary evaluation of the scope of our program and are prepared to commit a sergeant and three (3) police officers to promote and sustain the interactive aspects of P.A.C.E. 2000. LASER IMAGED %W 140 Mayor and Members of the City Council April 4, 1995 Page 2 Funding such a high profile program is, of course, an immediate challenge in terms of personnel and financial commitment. Staff, therefore, explored various resources that could be used to implement and maintain the program. Accordingly, it was determined that we could redirect two (2) officers from our present staff and also apply for $150,000 in Federal money under a grant entitled COPS -FAST. Combining the use of current staff with the acquisition of two (2) new officers funded by the COPS -FAST program will enable the Police Department to carry out the concepts we see as essential to the future. It should be noted that the grant regulations state 7-hat after a period of th ?e (3) years the City is required to sl...-tain program efforts with local funding. As you will see in the attached budget strategy, we are proposing that the City employ two (2) new officer positions in FY 1998 -1999 for a total cost of $150,000. (This includes the salary and benefits). Because the application deadline for the COPS -FAST program was March 17, 1995, staff forwarded the initial paperwork to the Federal government with the understanding that City Council approval would be obtained prior to any formal commitment by the City. FISCAL IMPACT Staff believes we currently have the opportunity t Iaunch ar effective community based policing program whi -n will c --y us intc the next century at virtually no cost to the ',_'r_y for t. . -ee years- The program will be funded through FY 1997 -1998 with a c3mbination of asset seizure funds and COPS -FAST grant money, and assumes that the City will absorb two (2) officers into vacant positions within authorized strength in FY 1997 -1998. In FY 1998 -1999, the City will need to procure two new police officers at a cost of $150,000 to sustain the P.A.C.E. 2000 program; however, we are not asking for City Council approval of the new officers at this time. RECOMENDATION It is recommended that the City Council generally authorize the application for Federal Grant monies (under the COPS -FAST program) to fund the P.A.C.E. 2000 community interaction program. APPROVED: William R. Kelly, �.ity Manager Attachment 'f _ b-30 - -300 C : rcud,;t 1Yur„'1 P Memorandum 111' ARC161A !� ��CORPOR�eon Date: April 4, 1995 TO: Mayor and City Council FROM: Rick Gomez, Deputy City Manager/Development Services Director/ James S. Dale, Director of Administrative Services 'Wei-- p Donna Butler, Community Development Administrator y: David Feinberg, Administrative Assistant Prepared by: Kaye Fuentes, Purchasing Officer a..6 RE: Recommendation to purchase four paratransit vans for Arcadia Transit SUMMARY It is recommended that the City Council award a contract for the purchase of four paratransit vans for Arcadia Transit to Creative Bus Sales in the amount of $174,732.00. There are sufficient funds available in the FY1994-95 Transit Fund budget to purchase the vehicles. DISCUSSION Arcadia Transit is currently operating three paratransit vans that are in poor operating condition. Each of the vehicles have in excess of 100,000 miles and maintenance costs have escalated accordingly. Specifically, our contractor has had difficulty maintaining the operation of the air conditioning system and wheelchair lifts. The new paratransit vans will replace the existing vehicles which will be sold at auction with the proceeds being credited to the Transit Fund. In accordance with the City's bid process, Bid 9495-21 was mailed to five vendors, and was published in the Pasadena Star News on March 2, 1995. Four bids were received and publicly opened on March 22, 1995. As part of the bid, we asked for costs for a five (5) year/100,000 mile extended warranty plan. LASER tM 0 Mayor and City. Council April 4, 1995 Page two Bid recap-prices include the cost for paratransit vans, sales tax and the five (5) year extended warranty plan: 5 yr/100,000 mile Company Cost of Vehicles +tax extended warranty Total cost Creative Bus Sales $168,452.00 $1,570 ea/$6,280 total $174,732.00 *United Bus Corporation $173,372.43 Only 3 yr/36,000 mile $173,372.43 warranty available at n/c Sunset Bus $175,617.44 $1,800 ea/$7,200 total $182,817A4 A-Z Bus Sales Inc. $179,344.68 $1,795 ea/$11,280 total $190,524.68 *United Bus only offered a three (3) year/36,000 miles warranty. (Under normal operating conditions, 36,000 miles would be driven within two years.) Staff has reviewed the bids and finds that the vehicles from Creative Bus Sales clearly meet the specifications of the bid, the construction time is at least 30 days shorter, the five (5) year/100,000 mile warranty is available and the City's transit contractor, San Gabriel Transit, currently operates two Creative Bus vehicles and are very satisfied with their performance. FISCAL IMPACT There are sufficient funds available in the FY1994-95 Transit Fund budget to purchase of the vehicles. RECOMMENDATION Staff recommends that the City Council approve the purchase of four paratransit vehicles from Creative Bus Sales in the amount of $174.732.00, and authorize the City Manager to execute the appropriate contract in a form subject to approval by the City Attorney.u Approved by: 4 William R. Kelly, City Manager J .5 -oa/ D S TrY • ottARCAD_ MEMORANDUM OR�'08ATm9 DEVELOPMENT.SERVICES DEPARTMENT April 4, 1995 TO: Mayor and City Council FROM: Rick Gomez, Deputy City Manager/Development Services Director By: Donna L. Butler, Community Development Administrator SUBJECT: Ordinance No. 2037 - Amending Section 9273.1.10.1 of the Arcadia Municipal Code Changing the Hours for Satellite Wagering (Text Amendment 95-001) The attached ordinance has been prepared to reflect the City Council's decision and direction at the conclusion of the public hearing on March 21, 1995, regarding text amendment 95-001 to amend the hours for satellite wagering at Santa Anita Race Track. To formalize your decision, the Council should introduce Ordinance No. 2037 at tonight's meeting. Concurred: 46 °' /� )/)/C - Michael . Miller, City Attorney LASER IMAGED 0y LT a war oid \ j� STAFF REPORT °Rroa�:so" DEVELOPMENT SERVICES DEPARTMENT March 21, 1995 TO: Mayor and City Council FROM: Rick Gomez, Deputy City Manager/Development Services Director 66 By: Donna L. Butler, Community Development Administrator SUBJECT: Recommendation to approve Text Amendment 95-001, Amending the Hours for Satellite Wagering SUMMARY This application was filed by the Los Angeles Turf Club, Inc. requesting a text change (T.A. 95-001) to amend Section 9273.1.10.1 of the Arcadia Municipal Code to llow horse racing via satellite feed at night until no later than 1:30 a.m. with or without pari-mutuel wagering. The Planning Commission at its February 28 meeting voted 5 to 2 to recommend approval of the request with specific conditions of approval relating to the time and number of days they could operate during the year. Notices of tonight's public hearing were mailed to all property owners within a 1,000 foot radius of the race track property (approximately 930 property owners). In addition to the City's noticing, the Los Angeles Turf Club invited neighbors to attend an informal ad hoc meeting held on February 2, 1995, relating to the pro' osed text amendment. BACKGROUND. i In 1991 the Los Angeles Turf Club, Inc. requested a text amendment (T.A. 91-006) to include satellite feed during daytime and/or evening hours with or without pari- mutuel wagering. At that time the City Council approved daytime horse racing live or via satellite feed with or without pari-mutuel wagering. Further, the City Council felt that evening activities should be addressed separately and approved horse racing via satellite feed one night a week until no later than 11:30 p.m. The City Council commented that "while the City did not expect any problems as a result of evening use of the facilities, limiting operation to one night a week would allow staff the opportunity to monitor the activity and its related traffic to be sure that there are no significant impacts" and "if, at a later date, the applicant wishes to increase the hours of evening wagering or the number of evenings during the week, they may apply for an amendment to the code." PROPOSAL The Los Angeles Turf Club's request is to allow horse racing via satellite feed every night until no later than 1:30 a.m. According to their application, the purpose of this text amendment is to allow Santa Anita Park the flexibility "to respond to industry movement in importing evening racing from outside California". They further state in their application that "the 11:30 p.m. time limit upsets patrons and discourages additional patrons from attending satellite wagering at Santa Anita Park because all other California satellite wagering sites remain open until the races presented that evening conclude". Also, many Southern California racetracks have begun importing live racing from Hong Kong and there is a growing patron base for these imported races. Various races are run on alternate days and Santa Anita finds itself at a disadvantage because they have to limit their nighttime satellite wagering to one evening a week. ANALYSIS During the past three years the City has had the opportunity to monitor the nightt - e racing and related traffic. Police Chief Garner notes in the attached memo that it is the Police Department's opinion that the use will not have any notable impact on police operations, nor will it create any significant policing problems. Captain Dave Hinig has further indicated that there have been no problems with the existing nighttime satellite wagering within the complex or the parking lot. In addition they have not received complaints from residents regarding parking and traffic problems related to the nighttime racing. Nighttime satellite wagering is conducted inside the building and in the Seabiscuit court area. The races are not announced over the loud speaker and the infield area is closed. Persons coming to the race track in the evening enter from Gate 8 (Baldwin Avenue), Gate 3 (Holly Avenue) or Gate 5 (Huntington Drive west/bound). The Colorado Place gate is closed during the evening hours. Traffic • 1 T.A. 95-001 March 21, 1995 Page 2 resulting from the nighttime racing has been insignificant and has not resulted in an impact on adjoining neighborhoods according to the Police Department. Based upon the information from the Police Department and the existing operation, the Development Services Department recommended that Section 9273.1.10.1 be amended to read: "9273.1.10.1. SAME. SAME. Horse racing via satellite feed at night until no later than 1:30 a.m., with or without pari-mutuel wagering on the results thereof." PLANNING COMMISSION COMMENTS AND RECOMMENDATION After hearing all of the public testimony, the Commission expressed concerns regarding: 1. Allowing nighttime satellite wagering seven nights a week 2. The service and consumption of alocholic beverages until 1:30 a.m. 3. Which gates would be used for ingress and egress to the track 4: Traffic issues The Planning Commission voted 5 to 2 to recommend the following additional conditions of approval to the City Council for T.A. 95-001: "9273.1.10.1. SAME. SAME. Horse racing via satellite feed on Friday and Saturday nights only with the following conditions: 1. Satellite racing shall be allowed a maximum of 72 weekend nights a year; 32 nights until 11:30 p.m., and 40 nights a year until 1:30 a.m. 2. The sale and service of alocholic beverages shall be prohibited after 10:30 p.m. The Planning Commission further recommended that staff come back to the Planning Commission with a status report regarding the nighttime racing activities in six (6) months for their review. CEQA Pursuant to the provisions of the California Environmental Quality Act, . the Planning Division has prepared an initial study for the proposed text amendment. Said initial study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise and objects of historical or aesthetic significance. When considering the record as a whole, there is T.A.195-001 March 21, 1995 �Page3 w no evidence that the proposed text amendment will have any potential adverse effect on wildlife resources or the habitat upon which the wildlife depends. Therefore, a Negative Declaration has been prepared for this project. RECOMMENDATION Based upon the information submited by the Police Department, at this time there appears to be no evidence that nighttime satellite wagering has created any traffic,, noise or policing problems at the Race Track or surrounding neighborhoods. The Development Services Department recommends approval of Text Amendment 95- 001 as set forth below: "9273.1.10.1. SAME. SAME. Horse racing via satellite feed on Friday and Saturday nights only until no later than 1:30 a.m., with or without pari- mutuel wagering on the results thereof." Staff also recommends that a status report regarding the nighttime racing activities be submitted to the Planning Commission and City Council in six (6) months for their review. If documented problems arise as a result of the extended hours and days for nighttime racing, the City Council may consider measures to eliminate the problems, i.e., revising the hours and days allowing nighttime satellite racing. FINDINGS AND MOTION If the City Council intends to approve this text amendment, the Council should move to direct staff to prepare the appropriate ordinance for adoption at a later meeting. Attachments: (1) Minutes of the February 28, 1995 Planning Commission meeting (2) Letters in favor of and in opposition to the proposed text change APPROVED: Ovs..11 '4°-% 6.1 William R. Kelly, City Manager T.A. 95-001 March 21, 1995 Page 4 an _ c ✓�1TY �2/n3( � `FNp'e'� Y/il Memorandum • Date: March 29, 1995 TO: HONORABLE MAYOR AND CITY COUNCIL 171 H 11 • FROM: MICHAEL H. MILLER, CITY ATTORNEY RICK GOMEZ, DEVELOPMENT SERVICES DIRECTOR OP SUBJECT: (1) APPROVAL OF REIMBURSEMENT AGREEMENT WITH SANTA ANITA FOR LAND USE PROCESS G (2) APPROVAL OF CONSULTANT AGREEMENTS REGARDING SANTA ANITA APPLICATION BACKGROUND The scope and importance of the application recently filed by Santa Anita to amend the General Plan, seek a Zone Change and Specific Plan for development of a proposed commercial-entertainment complex mandates thorough City review and analysis to assure a meaningful public hearing and decision-making process before the Planning Commission and City Council. This requires the retention of expert consultants by the City as described in the following. To fund the consultants, a Reimbursement Agreement requiring Santa Anita to pay is described in the following. THE REIMBURSEMENT AGREEMENT A preliminary step to processing the recently filed land use applications with regard to the so-called Santa Anita Entertainment Project is a Reimbursement Agreement. The "Reimbursement Agreement" is a contract to cover costs applicable to the land use applications by the developer. The primary purpose of the Agreement is to address project costs in advance and obtain a contractual commitment from the owner/developer with regard to these costs. 1 The Agreement is recommended in view of the scope of the proposed development and the related costs incurred by the City to properly address all issues including environmental, fiscal and legal. To accomplish this process, the following consultants are necessary: A project manager, special legal counsel for environmental issues, a fiscal/financial consultant, and as required by law, an environmental consultant. Based on the significance of the project and the anticipated economic benefit of the proposal for the developer, the purpose of the Agreement is for Santa Anita to pay for City consultant costs via deposit accounts to be drawn on by the City. The total estimated cost of City consultants is $533,000. Santa Anita is committed to cover these costs and will be required to maintain replenishable deposits with the City in amounts of at least $50,000 to pay for City consultant costs as they are incurred. There are also provisions in the Reimbursement Agreement should the cost estimates be exceeded. The consultants were selected by the City, their contracts are with the City and they will be paid directly by Arcadia. The Agreement also provides that the developer is responsible to defend and fund litigation that could arise out of City action on the project such as a legal attack on the proposed Environmental Impact Report. A key provision of the Agreement is the provision that "... THE CITY IS NOT OBLIGATED TO APPROVE ANY OR ALL OF THE PROPOSED USES FOR THE PROPERTY, TO APPROVE ANY ENVIRONMENTAL DOCUMENTS .SPECIFIC OR GENERAL PLAN, OR ZONING CODE AMENDMENTS WHICH MAY BE REQUIRED FOR ANY OF THE USES CONTEMPLATED FOR THE PROPERTY..." In other words, the City retains absolute discretion and does not waive any rights or authority by virtue of the Reimbursement Agreement. THE CONSULTANT AGREEMENTS The proposed Santa Anita Race Track (SART) Expansion Project is one of the largest projects to be proposed within.the City during the past twenty-five (25) years. Because of the scope and complexity of the Project,the Development Services Department is recommending that four (4) professional consultants be hired to facilitate processing of the proposed General Plan Change, Zone Change 2 ¢ j r and Master Plan Analysis (including preparation of a Specific Plan). Each consultant brings specific expertise to the City. Their efforts, as managed by City staff, will enable the Planning Commission and the City Council to make informed development decisions on the proposed Project. The Development Services Department and City Attorney are recommending the following firms: Hogle-Ireland, Inc., Consultant in charge of Project Management LSA Associates, Inc., Environmental Consultant Agajanian & Associates, Fiscal and Economic Impact Consultant Freilich, Kaufman, Fox & Sohagi, Legal - Environmental Development Services Department staff members have worked with and interviewed each of the individuals responsible for working on this Project and are confident that collectively they represent the best team to assist the City in processing the SART Expansion Project. The following is a brief description of each consultant's role in the processing of this Project. Hogle-Ireland, Inc. - Project Manager $101,260 Preparation of Specific Plan $77,610 Hogle-Ireland, Inc. will be the "Project Manager" for the City of Arcadia. They are a land use, planning and development consulting firm specializing in providing assistance to Community Development and Planning Departments in administering .development processes, procedures and regulations. As part of the proposed SART Project, Hogle-Ireland will serve as an extension of the Development Services Department staff. They will be responsible for preparing all required resolutions and staff reports and conduct all related activities that would lead to the Plan adoption. They will provide the following services: 1. Overall Project Management of all activities associated with the Project, including coordination of activities between and among the various agencies, consultants, the application and the City. 3 • 2. Preparation of a Specific Plan and all regulatory documents for the Santa Anita Race Track Expansion. Project Management tasks will include. • Assuring that communication is continuous and on-going and occurs at all appropriate levels. • Developing a schedule for each of the applications and processes for the General Plan Amendment, Zone Change/Specific Plan and any other applicable alternatives. • Monitoring all work efforts to assure that work is progressing as scheduled and per the provisions of the individual contracts. • Coordination and direction of the consultant team. Preparation of the Santa Anita Race Track Specific Plan will include: • Identification of both the City's and the applicant's objectives. • Establishment of a general set of planning parameters to which the City expects the Specific Plan to respond, as well as expected fiscal performance and architectural identity. .LSA Associates, Inc. - $196,000 LSA Associates, Inc. Will be responsible for preparing the Environmental Impact Report (EIR) for the proposed Project. The environmental review process includes early identification of potential issues, evaluation of the maximum level of environmental impacts and assessment of the responsibility of the project applicant for implementation of offsetting mitigation measures. 4 l - Agajanian & Associates - $108,000 Agajanian & Associates will be responsible for the economic studies needed to address the major fiscal and economic development issues. Their tasks include: (1) a Project Fiscal Impacts Analysis and (2) an Economic Impact Study. The Project Fiscal Impacts Analysis will analyze what is the estimated net fiscal impact of the proposed project upon the municipal budget and what financial measures may be needed to mitigate any project-related negative fiscal impacts. The Economic Impacts Analysis will analyze what the anticipated economic impacts of the proposed Project may be upon existing commercial businesses located within the City and how any negative impacts might be mitigated. The study would formulate means to stimulate commercial businesses within the City by identifying, selecting and targeting market supportable commercial uses for each commercial • district negatively impacted by the proposed Project. Freilich, Kaufman, Fox & Sohagi - $50,000 Margaret Sohagi of the above firm will assist the City Attorney with legal review of all pertinent land use documents, legislation, and environmental reports. She has provided a similar service with regard to the Rodeffer Project in Arcadia and has assisted numerous communities including Glendale, Burbank, Riverside and Carpenteria in a similar manner. Review of the environmental documentation for legal adequacy is important and time consuming. Ms. Sohagi is an expert on •environmental issues and will focus most of her efforts on this task. SUMMARY To implement the land use process for the proposed Santa Anita Commercial Entertainment Planned Development, the City needs to retain four (4) City selected firms to manage the Project and assist with preparation of the General Plan, Zone Change and Specific Plan, do the environmental documentation and reports, assist with legal adequacy review of land use/environmental issues, and prepare a fiscal impacts analysis and economic impact study. The estimated costs for these tasks by the City selected consultants is a total of$533,000. Pursuant to a separate Reimbursement Agreement between the City and the Developer, the latter agrees to 5 • *. s pay for these casts through deposits with the City that will fund the City's consultant costs. The Reimbursement Agreement is a financial commitment by the Developer to the City for the reasonable costs to be incurred with regard to the decision-making process for a project of significant scope and does not in any way bind City discretion with regard to any of the land use issues. RECOMMENDED ACTION Approve the Reimbursement Agreement between the City and Santa Anita Realty Enterprises, Inc. for estimated costs of$533,000 and authorize the Mayor to sign after approval as to form by the City Attorney. Authorize agreements with consultants LSA, Agajanian and Associates, Hogle-Ireland and Freilich, Kaufman, Fox & Sohagi for total estimated costs of$533,000 subject to finalization of specific contracts and approval as to form by the City Attorney. CONCURRED: AZDAei William R. Kelly City Manager c: Donna Butler . Community Development Administrator 6 DLSO-U3 - ,pea'. rial Pi ■ arcadia redevelopment agency bid 240 west hentington driver p.o.box 60021 • ar edla,Co 91066-6021 • 818574 5408 • fax 818.4473309 April 4, 1995 TO: Arcadia Redevelopment Agency - FROM: Rick Gomez, Deputy Executive Director• By: vPeter P. Kinnahan, Economic Dev lo ment Administrator PreiSared by: Dale R. Connors, Redevelop ent Project Manager RE: Request to Terminate the Exclusive Righ to Negotiate (ERN) Between the Redevelopment Agency and Victor . Georgino for a Proposed Theater and Restaurant Project at 55 E. Huntington Drive (Foulger Ford Site) • SUMMARY: The Redevelopment Agency (Agency) has been working with Mr. Victor K. Georgino on the possible development of a multi-screen theater, restaurant and parking structure development on the former Foulger Ford property since fall, 1994. The Agency entered into a formal ERN on December 6, 1994. Based upon the financial analysis by Mr. Georgino and the Agency's redevelopment consultant, it has been determined that the current proposal is not financially feasible. This report recommends that the Exclusive Right to Negotiate (ERN) with Mr. Georgino be formally terminated. DISCUSSION: On December 6, 1994, the Agency established a formal relationship with Victor K. Georgino by approving an ERN. Mr. Georgino was required by the ERN to put together a development proposal (negotiate with the land owner, develop plans, secure tenant commitments, work out financing, etc.) for construction of a multi- screen theater, including 2 restaurants and a 1,000 space parking structure on what was formerly the Foulger Ford property (55 E. Huntington Dr.). Mr. Georgino has been unable to complete the scope of work required of him in the ERN. The biggest problem has been making the project work financially. The combination of the sale price being asked by the land owner, the rent the theater is willing to pay and the cost of the 1,000 space, 5 story parking structure prevent the project from going forward. Mr. Georgino and Agency staff mutually agree that the project as originally proposed is not financially feasible and that the ERN should be terminated. Staff has been satisfied with Mr. Georgino's performance. LASER IMAGED FISCAL IMPACT: None. The Agency received a non-refundable $5,000 Administrative Fee at the outset of the ERN period to cover Agency expenses. RECOMMENDATION: It is recommended that the Arcadia Redevelopment Agency terminate the December 6, 1994 ERN by and between the Agency and Victor K. Georgino. Approved: William R. Kelly, Executive Director DRC:dc