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HomeMy WebLinkAboutJuly 2, 1996v . ~ ANNOTATED ~ ~ A G E 11! D~1 Arcadia City Councii ~ and ,*C~R~'OA9'569~,eo Redeveloqment Agency Meeting July 2, 1996 7:U0 p.m. Council Chamber INVOCATION City Clerk June D. Alford PLEDGE OF ALLEGIANCE Lindsey Marlowe ACTION ROLL CALL: Council Members Chang, Harbicht, Lojeski, Young and Kuhn Loieski Excused 1. PRESENTATION to Charles Feng, cable television essay contest winner Not Present PRESENTATION - Administration of Oath of Office to new Commission Members:cicv Clerk Richard Bruckner - Planning Commission Carol Curtis - Senior Citizens' Commission Don Gathers - Arcadia Beautiful Commission Loretta Huang - Senior Citizens' Commission Eileen Hubbard - Senior Citizens' Commission Raymonda "Monty" Lindsey - Sister City Commission Irene Petermann - Senior Citizens' Commission Gilbert Stromsoe - Parking District Commission PRESENTATION by the Police Department Chief Garner 2. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS MOTION: Read all Ordinances and Resolutions by title only and waive reading in fuil. 3. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL (NON-PUBLIC HEARING/FIVE MINUTE TIME LIMIT PER PERSON) ~ rr...e~,~ '~ f ^^^ City Mgr. - Exec.Session requested re NW Cor. Htg/2nd Av. AdoptPd 4-~ Dr. Ellison M. Spencex S. Hart G. Marshall i • ACTION 4. 5. 6. METHODIST HOSPITAL FINANCING a. RESOLUTION NO. 5929, A resolution of the City Council of the City Adopted 4-0 of Arcadia, California authorizing and directing execution of an amended and restated Joint Exercise of Powers Agreement reVating to ihe California Statewide Communities Development Authority PUBLIC HEARING REGARDING RESOLUTION NO. 5930 a. RESOLUTION NO. 5930, A resolution of the City Council of the City of Arcadia, California approving installment purchase financing to be undertaken by the California Statewide Communities Development Authority to benefit Methodist Hospital of Southern California MATTERS FROM ELECTED OFFICIALS City Council ReportslAnnouncements/StatementslFuture Agenda Items RECESS CITY COUNCIL Closed Public Hearing Adopted Res. 5930 4-0 See Minutes 7. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY ROLL CALL: Agency Members Chang, Harbicht, Lojeski, Young and Kuhn CONSENT a. Minutes of the June 12 and June 13, 1996 Adjourned Regular Meetings {Budget Sess+ons) and June 18, 1996 Regular Meeting b. Report and recommendation to partially repay City loans, re-borrow same and extend the term of the Agency's total indebtedness to the City for Fiscal Year 1996-97 8. Report and recommendation to approve Amendment No. Two to the Exclusive Negotiating Agreement between the Arcadia Redevelopment Agency and A!M Gateway Associates, LLC (Fifth Avenue Project - 5 No. Fifth-Allen, property owner; 11 N. Fifth-Richter property owner; 131 N. Fifth Millikan-property owner; 401-451 E. Santa Clara-Emkay property owner.) ADJOURN Redevelopment Agency to July 8, 1996 at 6:30 p.m. Loieski Excused Approved 4-0 Approved 4-0 Approved 4-0 Motion & Second re Closed Session NW Corner Htg/2nd litigation 2 • ~ ~ ACTION RECONVENE CITY COUNCIL 9. CITY CLERK Receive/file a. Certificate of Sufficiency - Initiative petition to amend the Land Use ctf. /Sufficiency Element of the Arcadia General Plan a licable fo the area of the Cit lrecc sta f co pp y prepare report designated for horse racing - Report re: effect of initiative (Election due 7-30-96 Code Sections 9212 and 9214) 10. CONSENT a. Minutes of June 12 and June 13, 1996 Adjourned Regular Meetings A roved -0 (Budget Sessions) and June 18, 1996 Regular Meeting w corrections b. Report and recommendation to award a bid to Ecology Construction Inc. nuprovea 4-0 in the amount of $264,782 for the renovation and upgrade of Eisenhower and Bonita Parks c. Report and recommendation to accept a gift of $3,000.00 from the Accepted 4-0 Friends of the Library as support of the Library's Children Summer Reading Program. d. Report and recommendation to award a bid to Thompson Roof Co., Inc., APproved 4-0 in the amount of $47,327.00 for the reroofing of upper City Hall building and the resealing of Service Center offices. e. Report and recommendation to approve the purchase of water meters Approved 4-0 from Schlumbreger Industries, Inc., in the amount of $68,748.00. f. Report and recommendation to approve the purchase of one (1) 3J4 pickup truck with service body from Gunderson Chevrolet, Inc. for the amount of $25,555.85 for the Maintenance Services Department g. Report and recommendation to approve the purchase of furniture for the Public Library : Bert C..Gentle Co., $179,027.18, S:: Two Inc., $67,211.66, Office Depot Business Services, $6,517.72, Office Furniture Source, $41,939.52 h. Report and recommendation to accept payments on loan from the Arcadia Redevelopment Agency, re-loan same amount to the Agency and extend terms of outstanding Redevelopment Agency debt to the City for Fiscal Year 1996-97. Approved 4-0 Approved 4-0 3 '.. , ~ '. ~ ~ 11. CITY MANAGER cA TION a. Report regarding the possible prohibition of gasoline powered leaf blowers. xeceive & File eport 12. CITY ATTORNEY a. ORDINANCE NO. 2053 - INTRODUCTION - An ordinance of the City In[roduced 4-0 Council of the City of Arcadia, California amending Section 6439 (17) of the Arcadia Municipal Code regarding newsrack mounting requirements. b. RESOLUTION NO. 5927, A resolutian af the City Council of the City of Arcadia, California establishing compensation and related benefits for AFSCME represented employees for Fiscal Year 1996-97. c. RESOLUTION NO. 5928, A resolution of the City Council of the City of Arcadia, California establishing compensation and related benefits for Teamsters represented employees for Fiscal Year 1996-97. d. RESOLUTION NO. 5931, A resolution of the City Council of the City of Arcadia, California establishing compensation for Fire Technicians, Law Enforcement Recruits, and Maintenance Worker Trainees for Fiscal Year 1996-97. Adopted 4-0 Adopted 4-0 e. RESOLUTION NO. 5922, A Resolution of the City Council of the City of Adopted 4-0 Arcadia, California establishing "No Stopping Anytime" regulations along the south side of Duarte Road from Santa Anita Avenue to a distance approximately 800 feet west of Santa Anita Avenue and establishing a two-way left-turn lane within said distance. 13. CLOSED SESSION To Closed Session 8:57 p.m. a. Pursuant to Government Code Section 54957.6 for conference with labor negotiators regarding Teamsters Local 911, AFSCME Local 2264, AFFA, APOA, Management and non-represented emp~oyees. ADJOURN CITY COUNCIL to July 8,1996 at 6:30 p.m. ADJOURNED at 9:33 p.m. 4 • • Op /it exaan A o STAFF REPORT OFFICE OF THE CITY CLERK DATE: JULY 2, 1996 TO: MAYOR KUHN AND MEMBERS OF THE CITY COUNCIL FROM: JUNE D. ALFORD, CITY CLERK SUBJECT: CERTIFICATE OF SUFFICIENCY - INITIATIVE PETITION TO AMEND THE LAND USE ELEMENT OF THE ARCADIA GENERAL PLAN APPLICABLE TO THE AREA OF THE CITY DESIGNATED FOR HORSE RACING 1 SUMMARY On May 16, 1996 the petition circulated within the City by the citizen'sjgroup "Neighbors for •Arcadia" was filed with this office by the proponent of the initiative measure, Dr. Robert Ellison. Subsequent to that date all signatures on the petition were compared to the voters affidavits of registration. Of the 5,095 signatures examined, 4,018 signatures (15%+) were found sufficient, : which qualifies the proposed initiative ordinance attached to this report for a special election or for immediate adoption, if that is Council's decision. As the Elections Official for the City, my Certificate of Sufficiency of the initiative petition referred to above is included with this report. BACKGROUND On December 18, 1995, at my office, Dr. Robert Ellison filed a notice of intention to circulate a petition accompanied by the written text of an initiative ordinance, and a request that the City Attorney prepare a ballot! title and summary for the proposed initiative ordinance. Dr. Ellison also filed a written statement setting forth the reasons for the proposed petition. Exhibit A (Elections Code (E.C.) 9202) The City Attorney prepared the ballot title and summary for the initiative petition in accordance with E.C. 9203 and filed it with my office on December 29, 1995. On that date said ballot title and summary were transmitted to Dr. Ellison by the City Clerk as required for inclusion on each section of the petition. Exhibit B The proponents filed an Affidavit of Publication with the City Clerk stating that publication had occurred on January 11, 1996. The date of publication, January 11, is significant in that the formula for computing the required 15% of the voters registration to qualify an initiative measure at a special election is based on the voters registration last certified to the Secretary of State ,on the date of publication of the Notice of Intent. In this case, 25,951 Arcadia voters certified to the Secretary of State on November 24, 1995, as verified by the County Elections Division Information Services. This computes to 3,893 qualified signatures for a special election or 2,595 qualified signatures, equaling 10% of the. City voters, to qualify the initiative measure for the general municipal election in April, 1998. LASER t j LASER IMAGED Staff Report - Office of the City Clerk July 2, 1996 Page 2 As stated, the initiative petition was accepted for filing on May 16, 1996, which was within the 180-day limitation set by the Elections Code, or June 26, 1996. The 180-day period commences on the date the ballot title and summary of the City Attorney was received by the proponent, or December 29, 1995. E.C. 9208. The Certificate of the Sufficiency of the initiative petition regarding the requisite number of voters is presented to the City Council this date, July 2, 1996, as part of this report. Please note the certification lists 5,095 signatures filed and verified; 4,018 signatures were found to qualify; 1,077 signatures were found not qualified. Note also that 15% of the 25,951 Arcadia voters registration required that 3,893 signatures were needed to qualify the initiative ordinance for a special election; therefore, the 4,018 qualified signatures exceeded the required 15% by 35 signatures. The next procedural step in the initiative process requires that the City Council, in accordance with E.C. 9214, shall do any of the following: (a) Introduce the ordinance, without alteration, at the regular meeting at which it is presented, and adopt the ordinance within 10 days after introduction. or, (b) Immediately order a special election, to be held not less than 88 nor more than 103 days after the date of the order, at which the ordinance, without alteration shall be submitted to the voters of the City. or, (c) Order a report pursuant to E.C. 9212 at the regular meeting at which the ordinance is presented. E.C. 9212 states that the legislative body may refer the proposed initiative measure to any legislative agency or agencies for a report on any or all of the following: 1 (1) Its fiscal impact. (2) Its effect on the internal consistency of the City's general plan and specific plans, including the housing element, the consistency between planning and zoning, the limitations on City actions under Section 65008 of the Government Code, and Chapters 4.2 (commencing with Section 65913) and 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code. (3) Any other matters the Council requests to be in the report. If Council requests a Report, it shall be presented to the City Council1within the time prescribed by the Council, but no more than 30 days after Certification of Sufficiency to the Council. Please note that when this Report is presented to the City Council, the Council shall either adopt the initiative ordinance within 10 days or order an election pursuant to subsection (b) above. It must be noted that to consolidate with the November 5, 1996 general election and avoid a City stand-alone special election if such an election is called, a precise timeline should be followed. The timeline is included as Exhibit C to this report. • Staff Report - Office of the City Clerk July 2, 1996 . Page 3 RECOMMENDATION • 1. It is recommended that the City Council receive and file the City Clerk's Certificate of Sufficiency regarding voter signatures; and 1 2. Direct staff to prepare a report pursuant to E.C. 9212 on the effect ofithe proposed initiative ordinance, with a due, date of July 30, 1996,' for • presentment by distribution to the City Council followed by potential Council action at the meeting of August 6, 1996 (or sooner if a Special. Meeting is ordered) regarding adoption of the initiative ordinance or the setting of an election. • • c: City Manager City Attorney • • • • 1 • OFD (� 0 mo! `,ep ARCADIA RF'ORATE9 City of CERTIFICATE OF SUFFICIENCY Arcadia City Clerk I, June D. Alford, the duly elected, qualified and acting City Clerk of the City of Arcadia, California, do hereby CERTIFY: June D.Alford That the Initiative Petition circulated within the City Clerk City of Arcadia to enact an Initiative Ordinance to Amend the Land Use Element of the City of Arcadia General Plan Pertaining to the Area of the City Designated for Horse Racing has been FOUND SUFFICIENT by the City Clerk as the Elections Official of said City. I have examined said petition and, as a result of such examination have determined the following: 1. The number of petition sections filed is 255. 2. The number of qualified petition sections is 254. 3. The total number of valid signatures required by law is 3, 893. 4. The total number of signatures on the petition, is 5, 095. 5. The total number of petition signatures disqualified is 1, 077 . 6. The total number of petition signatures, qualified and FOUND SUFFICIENT IS 4, 018. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF THE CITY OF ARCADIA THIS 2ND DAY OF JULY, 1996. Ai) ae, June? D. >/ord City Clerk and E -ctions Official City of Arcadia, California 240 W. Huntington Drive Post Office Box 60021 • Arcadia,CA 91066-6021 (818)574-5455 (818)447-7524 Fax • I request that a ballot title and summary of the following measure be prepared by the city attorney. THE PEOPLE OF ARCADIA DO ORDAI',? AS FOLLOWS : Section 1 . Purpose and Findings . Whereas , the property known as the Santa Arita Racetrack at 2R5 W. Huntington Drive , Arcadia, California 91007-3417 and described on the attached map of the Arcadia General Plan, is currently designated for Horse Racing in the General Plan, and is zoned S-1 a special Use for Horse Racing; Whereas, traffic congestion in the vicinity of the Race Track already exists, resulting in unhealthful levels of air pollution and impairing the mobility of current residents and visitors ; 1 Whereas , a dramatic and concentrated increase in commercial growth would exceed the capacity of the City to provide necessary city services, such as police , fire , and sanitary services ; Whereas , the construction of the Entertainment Center proposed by Santa Anita Realty Enterprises, Inc . , as part of the application for a zone change Z95-001 would fundamentally change the character of the community and adversely impact the quality of life that has made Arcadia an attractive plave to live , now, therefore , Section 2 . Section 25 g of the General Plan, Land Use Element, is amended to read : This designation applies to the area of the city used for horse racing. Because of the unique nature of the horse racing and the size and location of the property within the City and the desire to see this use continue ; the site is designated for this special use . This section will not be amended to allow any use other than horse racing ! except by a majority vote of the people . Robert S. Ellison 620 W. Huntington Drive #227 Arcadia, California, 91007-3417 1 EXHIBIT A r L : .. ._ . 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SI•I,ew ,.0 r, i -_ U1C'.k.DL1 GENERA", PL_ -.\--- - General Plan Land Use CITY ATTORNEY'S BALLOT TITLE AND SUMMARY OF A PROPOSED INITIATIVE MEASURE TITLE: An Initiative Ordinance to Amend the Land Use Element of the City of Arcadia General Plan Pertaining to the Area of the City Designated for Horse Racing • SUMMARY: The purpose of the ordinance is to to preclude amendments to Section 25 g. of the land use element of the City of the Arcadia General Plan applicable to the area of the City designated for horse racing unless approved by a majority vote at an election. The ordinance would maintain the existing designation of horse racing for the area currently designated for such use on the City's General Plan Land Use map , subject to amendment only upon majority approval at an election rather than amendment by the elected City Council. The ordinance also declares certain findings to support its purpose. Michael H. Miller Arcadia City Attorney December 29,1995 EXHIBIT B Mc�w f�eJm MEMORANDUM OFFICE OF THE CITY CLERK AMENDED DATE: JUNE 24, 1996 TO: MAYOR KUHN AND MEMBERS OF THE CITY COUNCIL FROM: JUNE ALFORD, CITY CLERK SUBJECT: INITIATIVE MEASURE - NOVEMBER 5, 1996 BALLOT Following is a timeline in the event "Neighbors for Arcadia" file their petition for an initiative measure regarding development of Santa Anita Race Track property. I understand their intent is to place this measure on the November 5, 1996 ballot. Timeline for placing an initiative measure on the November 5 ballot: MAY 15, 1996 - Proponents present petition to Clerk for prima facie count of signers MAY 16 - Petition accepted for filing MAY 20 - Petition to County for verification of signatures JUNE 6 - County returns petition to Clerk JULY 2 Council Meeting - Clerk certifies petition to Council - Council orders report, no later than 30 days • JULY 30 - Report presented to Council. Within 10 days Council must adopt ordinance or call Special Election. AUGUST 6 Council Meeting - Council calls Special Election and requests consolidation with November 5 County election The above timeline is based on requirements of the Elections Code which states that an election be ordered not less than 88 nor more than 103 days before the date of the election. . . in this case November 5, 1996. July 25, 1996 - 103rd day - August 9, 1996 - 88th day c: Bill Kelly, City Manager Mike Miller, City Attorney EXHIBIT C :. , , & 0 5-; r- 5--- --- I b ' ''' - - S c 0 4- /,./1) '41 rr_Y o � . . .,,,i ,,:„...:_ ;.,..;,. \ � Memorandum c\ C Date: June 27. 1996 TO: HONORABLE MAYOR AND CITY COUNCIL 9 i' FROM: MICHAEL H. MILLER, CITY ATTORNEY 1 IP / SUBJECT: RECOMMENDATION TO ADOPT RESOLUTION NO. 5929 AUTHORIZING THE EXECUTION OF DOCUMENTS NECESSARY FOR THE CITY TO JOIN THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY, TO HOLD A PUBLIC HEARING 1AND TO ADOPT RESOLUTION NO. 5930 APPROVING AN INSTALLMENT PURCHASE FINANCING TO BE UNDERTAKEN BY THE AUTHORITY TO BENEFIT METHODIST HOSPITAL OF SOUTHERN CALIFORNIA INTRODUCTION Methodist Hospital of Southern California, a California nonprofit public benefit corporation ("Methodist"), has asked the California Statewide Communities Development Authority ("CSCDA")to act as issuer in connection with the issuance of tax-exempt obligations for the purpose of refunding the City of Arcadia, California, Hospital Revenue Bonds (Methodist Hospital of Southern California), Series 1987,previously issued for the benefit of Methodist. In order to proceed with the refunding of the 1987 bonds issued by the City, Methodii t has requested that the City join CSCDA, hold a public hearing and approve the proposed financing. The Tax Equity and Fiscal.Responsibility Act of 1982 (TEFRA) requires a hearing and action by the jurisdiction of the location of the benefitted facilities and enterprise. BACKGROUND CSCDA is a joint powers authority currently comprised of over 200 cities and counties. It is basically a"joint venture" of the California State Association of Counties and the League of California Cities. One of the programs offered by CSCDA allows nonprofit Section 501(c)(3) organizations located within the jurisdictions of the CSCDA members to undertake tax-exempt financing, thereby reducing costs to these nonprofit organizations. For a nonprofit Section 501(c)(3) organization within the boundaries of the City to participate in 1 LUCK IMAGED 4/ a . 1d6° 5 f Z1 _1-V 3 C) CSCDA's 501(c)(3) organization financing program, CSCDA's Joint Powers Agreement requires that the City be a CSCDA member. There are no financial obligations or risks associated with the City's membership in CSCDA, or any tax-exempt obligations issued by CSCDA. In addition, CSCDA requires that the nonprofit organization demonstrate that it provides services which result in public benefit and that the tax-exempt obligations to be issued be rated at least "A". (In that regard, it should be noted that the tax-exempt obligations issued for the benefit of Methodist are expected to be rated"AAA", based on the rating of Connie Lee Insurance Company, the insurer of the proposed tax-exempt obligations). Financing through CSCDA are structured as certificate of participation financing using the common powers of CSCDA members to buy and sell property. The structure of the financing would involve the purchase and sale of property by CSCDA and the issuance of certificates of participation evidencing proportionate interests in the purchase payments made by CSCDA. The City would not be a party to any of the financing documents, would not execute any financing document and would have no pecuniary liability with respect to the financing. Only CSCDA and Methodist would execute the financing documents, and CSCDA's liability would be limited to payments made by Methodist for the purpose of payment debt service. It is recommended that the City Council adopt the attached Resolution No 5929 and authorize the City Manager to execute the attached CSCDA amended and restated Joint Exercise of Powers Agreement for the City to become 'a member of CSCDA. Following action on this resolution, a public hearing should be conducted as set forth below. REQUIRED PUBLIC HEARING The Internal Revenue Code requires that a public hearing be held concerning the proposed financing. The required hearing must be preceded by notice published at least fourteen (14) days in advance of the hearing. Notice of the proposed hearing was published on June 18, 1996. It,is recommended that the City Council hold the public.hearing and, after the hearing, adopt Resolution No. 5930 approving an installment purchase financing to benefit Methodist through the refunding of the 1987 bonds. 2 ;r CITY BUDGET/FINANCIAL IMPACT The City will not be directly or contingently obligated in any manner by the proposed financing, and the City will not be a party to the financing documents. Only CSCDA and Methodist will be parties to the financing documents, and CSCDA's liability will be limited to payments made by Methodist for the purpose of paying debt service. RECOMMENDATION It is recommended that the City.Council: 1. Adopt Resolution No. 5929 authorizing the execution of the attached amended and restated Joint Exercise of Powers Agreement to join the California Statewide Communities Development Authority; and 2. Hold the public hearing concerning the proposed financing; and 3. Adopt Resolution No. 5930 approving an installment purchase financing to refund the 1987 bonds issued by the City for the benefit of Methodist. CONCURRED: . OZ,1114 William R. Kelly City Manager am •�P ale A,dministrative Services Director Attachments . 3 • 0 /o_ 57 1 Fy /996- 1 ri, pi Ti arcrsdia n�redevelopme . p agent iii240 west l untingtw dame • p.®.box 60021 a ua cadla,ca 91066-6021 s 818574.5408 • Fax 818447.3309 u z96 TO: City Council, City of Arcadia Governing Board, Arcadia Redevelopment Agency FROM: James S. Dale, Administrative Services Director/Agency Treasurer 1 SUBJECT: Request to Partially Repay City Loans, Re-borrow Same and Extend the Term of the Agency's Total Indebtedness to the City for Fiscal Year 1996- 1997 SUMMARY The Arcadia Redevelopment Agency Tax Increment Fund exists for the re-payment of interest and principal on long term debt. The source of funds for these payments is tax increment revenue and each year, the agency repays the City any loans outstanding between the City and the Agency to the extent that funds are available in the tax increment fund at June 30. The annual repayment of existing debt between the Agency and the City is recorded in order to utilize tax increment funds for their intended use and to formally recognize and document the loans between the City and the Agency annually. DISCUSSION The tax increment fund at June 30, 1996, will have an estimated cash balance-of $1,647,000. It is recommended that the Agency Board take formal action to remit these monies to the City in partial payment of existing loans and for the City to re-loan these funds to the Arcadia Redevelopment Agency Project Fund for the Agency to use to further pay expenses and acquire property according to the directives of the Agency Board. In addition, the Agency and the City should roll-over or extend the repayment of the balance of all remaining loans to June 30, 1997. Following is a summary of the loans outstanding at June 30, 1996, and the estimated cash balance available for loan repayment: Outstanding Loans from City to Agency $5,027,665 at 6-30-96 Less: Estimated Cash Balance in Tax 1,647,000 Increment Fund 6-30-96 Outstanding Balance at 6-30-96 $3,380,665 LASER IMAGED kcx - Lu /t/. 7z, FISCAL IMPACT The Agency needs these funds to pay expenses and to acquire properties in accordance with the directives of the Agency Board. As the Agency sells land that is currently owned and as tax increment revenues exceed annual expenditures, the Agency will reimburse the City accordingly. RECOMMENDATION It is recommended that the Agency pay $1,647,000 of loans outstanding at June 30, 1996, to the City of Arcadia and that the Agency re-borrow $1,647,000 and deposit such amount in the Agency Project Fund. In addition, the Agency accept an extension for the re- payment of the remaining outstanding debt of$3,380,665: All loans to the City to be due and payable on June 30, 1997. APPROVED: William R. Kelly Executive Director JSD:WRK:mlp • UC�(04 ' mow. ,„ 444*° °RroRwsso" MEMORANDUM ADMINISTRATIVE SERVICES DEPARTMENT July 2, 1996 TO: City Council, City of Arcadia FROM: James S. Dale, Administrative Services Director SUBJECT: Request to Accept Payments on Loan from the Arcadia Redevelopment Agency, Re-loan Same Amount to the Agency and Extend Terms of Outstanding Redevelopment Agency Debt to the City for Fiscal Year 1996- 1997 SUMMARY The Arcadia Redevelopment Agency Tax Increment Fund exists for the re-payment of interest and principal on long term debt. The source of funds for these payments is tax . increment revenue and each year, the agency repays the City any loans outstanding between the City and the Agency to the extent that funds are available in the tax increment fund at June 30. The annual repayment of existing debt between the Agency and the City is recorded in order to utilize tax increment funds for their intended use and to formally recognize and document the loans between the City and the Agency annually. DISCUSSION The tax increment fund at June 30, 1996, will have an estimated cash balance of $1,647,000. It is recommended that the Agency Board take formal action to remit these monies to the City in partial payment of existing loans and for the City to re-loan these funds to the Arcadia Redevelopment Agency Project Fund for the Agency to use to further pay expenses and acquire property according to the directives of the Agency Board. In addition, the Agency and the City should roll-over or extend the repayment of the balance of all remaining loans to June 30, 1997. Following is a summary of the loans outstanding at June 30, 1996, and the estimated cash balance available for loan repayment: Outstanding Loans from City to Agency $5,027,665 at 6-30-96 Less: Estimated Cash Balance in Tax 1.647,000 Increment Fund 6-30-96 Outstanding Balance at 6-30-96 $3,380,665 LASER IMAGED c 4 o '/ • FISCAL IMPACT The interest rate on loans to the Agency are based on rates published and received by the City on funds invested in the Local Agency Investment Fund (LAIF). There is no fiscal impact on the City since these loans are invested at competitive rates with the agency and yield a fair rate of return to the City. RECOMMENDATION It is recommended that the City accept payment of$1,647,000 of loans outstanding with the Arcadia Redevelopment Agency on June 30, 1996, and that the City re-loan the $1,647,000 to the Agency Project Fund. In addition, the City extend the time frame for the re-payment on the remaining debt of$3,380,665 to be due and payable on June 30, 1997. APPROVED: jgra4 William R. Kelly City Manager JSD:WRK:mlp 6 6 frG3 - d • pp pi ill Memorandum arcadla redevelopment agency DATE: July 2, 1996 TO: Arcadia Redevelopment Agency FROM: -Peter Kinnahan, Economic Development Administrator SUBJECT: REPORT AND RECOMMENDATION TO APPROVE AMENDMENT NO. TWO TO THE EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN THE ARCADIA REDEVELOPMENT AGENCY AND A/M GATEWAY ASSOCIATES, LLC REGARDING THE PROPERTY INVOLVED AND TIMING DESCRIPTION • The Agency entered into an Exclusive Negotiating Agreement(ERN)with the principals of NM Gateway Associates, LLC (Gateway) on October 24, 1995 for the potential development of a retail promotional center on 9 acres near East Huntington Drive and Fifth Avenue (see Attachment 1). The Agency approved Amendment No. One to the ERN on March 19, 1996. This amendment added 120 days to the ERN schedule and authorized an addition of an "upscale and quality hotel" • to the possible land uses permitted on this site. Gateway and staff agree that a second amendment to the ERN is needed. Amendment No. Two (attached)would delete the 3.5 acre Emkay property and East Santa Clara Street from the proposed project site (Attachment 1) and would add an additional 30 days to the schedule. FISCAL IMPACT None. RECOMMENDATION That the Agency authorize the Executive Director to execute Amendment No. Two to the Exclusive Negotiating Agreement between the Arcadia Redevelopment Agency and NM Gateway Associates, LLC, subject to approval as to form by the Redevelopment Agency Attorney. Approved By: at kl(. William R. Kelly, Executive Director LASER IMAGED p\� I A p r AMENDED DEVELOPMENT LOCATION MAP NO LONGER A PART \ OF GATEWAY E.R.N. Q Q o O Q Z eN OU O I Q y// 0 0 IRTH 1I � ��� VI 1 V NO SCALE -41)--CITY OF ARCADIA —(SAINT JOSEPH ST.WATER PLANT) / � EMKAY PROPERTY z A.P.NO.5773-00&010 Q WESTERN SECURITY BANK I I o E. SANTA CLARA STREET o D.B.MILLIKEN CO.PROPERTY (-.) A.P.NO.5773 009-012 cn RESIDENCE INNS \ RICHTER PROPERTY \ \ A.P.NOS.5773-009-00 /rte\ 5773-009-01 EMBASSY SUITES F r 59��9't'1' \ Z \ HAMPTON INNS 9� s���)\ -I------ Q / \ -j \ = WORLD VISION PROPERTY 1 J \\ L.L. (NOT A PART OF E.R.N.) ' Lt ''5. \ 17 ›- �P�\ <ARCADIA LANDMARK O Z ----1 DERBY Q� I- JUSTICE BROTHERS RESTAURANO� PROPERT((NOT A PART OF E.R.N.)i E. HUNTINGTON DRIVE . 1 June 26, 1996 FIFTH AVENUE GATEWAY ry , ASSOCIATES DEVELOPMENT SITE ATTACHMENT NO. 1 2112W gateway Associates, rrc 600 South Lake Avenue, Suite 411, Pasadena, CA 91106 Tel: (818) 564-8100 • Fax: (818) 792-8031 June 10, 1996 Mr. Peter P. Kinnahan Economic Development Administrator City of Arcadia 240 W. Huntington Drive P.O. Box 60021 • Arcadia, CA 91066-6021 Re: ErnKay Property Dear Pete: Today we discussed the options we currently have available for the EmKay property. We understand that the agency is not in a position to subsidize that parcel. Based on the retail uses that we have that would go back in the corner we cannot justify a land cost of more than S8.00 per square foot. Based on the above facts, we would agree that the EmKay parcel should be removed from our retail plan. If we can find another use that would justify a higher cost, we will come back to you in the future. Very truly • rs, - Lary J. '-'! 0 AMENDMENT NO. 2 TO THE EXCLUSIVE NEGOTIATION AGREEMENT BY AND BETWEEN THE ARCADIA REDEVELOPMENT AGENCY AND A/M GATEWAY ASSOCIATES, LLC (FIFTH AVENUE PROJECT) This Amendment No. 2 (the "Amendment No. 2") is entered into this 2nd day of July, 1996 by and between the Arcadia Redevelopment Agency (the "Agency") and A/M Gateway Associates, LLC ("Developer") with reference to that Exclusive Negotiation Agreement approved by the Agency and dated October 24, 1995, as amended by Amendment No. 1 dated March 19, 1996 (collectively, the "Agreement"): RECITALS WHEREAS, the Agency and the Developer have entered into the Agreement for the purpose of formalizing development plans and negotiating a disposition and development agreement concerning the Property, as defined in the Agreement; and, WHEREAS, Exhibit"F" of the original Agreement (prior to Amendment No. 1) provides for a schedule of performance and negotiating term ending on June 17, 1996, which date was extended by 120 calendar days pursuant to Amendment No. 1 to the Agreement adopted March 19, 1996; and WHEREAS, the Developer and the Agency concur that the submittal and review of the Developer's Phase 1 Report took approximately 30 days more than expected; and WHEREAS, the Developer has requested removal from the site certain property owned by Emkay Development Company, and generally known as A.P. No. 5773-008-101, because the Developer is currently unable to locate a retail user who would meet its development and economic objectives. Attachment 3 AGREEMENT NOW, THEREFORE, in consideration of the above facts, the parties to the Agreement hereby agree as follows: SECTION 1. Exhibit"F" of the Agreement, the Schedule of Performance, as amended by Amendment No. 1, is hereby amended by extending each date 30 calendar days from the date currently set forth in the Schedule of Performance. To the extent that any other term or provision of the Agreement is inconsistent with the Schedule of Performance, as hereby amended, the Schedule of Performance, as hereby amended, shall govern. SECTION 2. Section IA (Recitals) of the Agreement is hereby amended by deleting the words "7.93 acres in size (8.64 acres including street rights of way)" and by substituting therefor"4.3 acres in size"; and by deleting the word "four" and by substituting therefor the word "three" in the last sentence. SECTION 3. The Agreement is further hereby amended by deleting Exhibit"A" and by substituting therefor a new Exhibit"A" as attached hereto. SECTION 4. Exhibit"B" of the Agreement is hereby amended by deleting "APN 5773- 008-101 (Emkay) and abutting E. Santa Clara Street" and by deleting the phrase "and abutting E. Santa Clara" following the words "(Milliken/Teledyne)". SECTION 5. The Developer and the Agency reaffirm all terms and provisions of the Agreement except insofar as such terms and provisions have been amended or modified pursuant to this Amendment No. 2. ARCADIA REDEVELOPMENT AGENCY By: Chairman Arcadia Redevelopment Agency Attest: ` By: - retary Arcadia Redevelo• ent Agency - APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Agency Ge eral ounsel Agen y Special Counsel DEVELOPER A/M GATEWAY ASSOCIATES, LLC By: I` 9 ■ 1� 1 (\) L AMENDED DEVELOPMENT LOCATION MAP NO LONGER A PART OF GATEWAY E.R.N. Q\ . <% o a 0 RTH 1 NO-SCALE CITY O(SAINT �/� I AY PROPERTY 2 I NO.5773-008-010LLJ :I o o E. SANTA CLARA STREET I O D.B.MILLIKEN CO.PROPERTY U w A.P.NO.5773-009-012 RESIDENCE INNS i \ RICHTER PROPERTY - I \ A.P.NOS.5773-009-009 Z /r\ 5773-009-010 I- 1 S q% y�G2s °•t.vP\ D EMBASSY SUITES T T 9 q \ z HAMPTON INNS 9 n>tp i �i/2' .64 \\ Q \ 9 b`" \\ 1=- WORLD VISION PROPERTY L \ LL (NOT A PART OF E.R.N.) \ ,\ Q ARCADIA LANDMARK �P w Z - r DERBY Ode I- USTICE BROTHERS RESTAURAN Q CD -ROPERTY(NOT A PART OF E.F N.) E. HUNTINGTON DRIVE I I 1• June 26, 1996 FIFTH AVENUE GATEWAY ASSOCIATES DEVELOPMENT SITE • EXHIBIT "A"