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December 1, 1998
~~_-~,_ . A N N 0 T A T E D ~_.__: ~.- -. , ~ ~.~ v _ ~j ~s ~ A - A ~ - -`''',~~ ~` ~, Arcadia City Council ~ ~-~ nncnrnn' ~m. `~; ~as-rr;~• 1-, and ~ ... -. . ~`"~^~~`'~ Redevelopment Agency xr.ounrr~' ~ ' ~ ' Meeting December 1, 1996 6:OOp.m. Council Chamber Conference Room U~^ ACTION ROLL CALL: Council Members Chandler, Harbicht, Marshall, Roncelli and All Present Kovacic 1. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL (NON-PUBLIC HEARINGIFIVE MINUTE TIME LIMIT PER PERSON) RE: 6:OOP.M. SESSION No one spoke 2. CLOSED SESSION a. Pursuant to Govemment Code Secfion 54956.9(b) to confer with legal counsel regarding facts and circumstances that involve a significant exposure to litigation against the City, based on the advice of legal counsel. b. Pursuant to Govemment Code Sscfion 54957.6 to confer with City labor Negotiators Carol Przybycien, Dan Cassidy, and William Kelly regarding Teamsters Local 911, AFSCME Local 2264, AFFA, Management and non-represented employees. 7:DOp.m. - Council Chamber JOINT MEETING OF THE CfTY COUNCIL AND REDEVELOPMENT AGENCY INVOCATION Reverend Mary Mitchell, The Santa Anita Church PLEDGE OF ALLEGIANCE Lindsay wallace Council RECESSED to Closed Session: at 6:03 p.m. RECONVENED in the : Council Chambers at' 7:08 p.m. ROLL CALL: Council/Agency Members Chandler, Harbicht, Marshall, Roncelli pll Present and Kovacic The City Attorney announced the subject of Closed Session No. 2a. 4. PRESENTATION of Ma~or's Senior Service Award to Pat Wallace PRESENTATION of Mayor s Business Award to Jonae Armstrong, General Manager, Westfield Sho ping Town 5. SUPPLEMcNTAL INFORMATION FROM S7AFF REGARDING AGENDA ITENlS at ~Santa Anita Agenda Item 13b Continued to December 15, 1998 (cable TV franchise transfer to AT&T) 6. QUESTIONS FROM CIN COUNCIL/i2EDEVELOPMENT AGENCY REGARDING AGENDAfTEMS See Minutes ~ _: , . .:; ~ • ACTION MOTION: Read ail Ordinances and Resolutions by title only and waive Adonted 5-0 reading in full. 7. PUBLIC HEARING a. Re ort and recommendation to rovide information to the communit Pub. Hrg.Closed P P y Approved 5-0 on the procedures to adopt a Teut Amendment to the Central Redevelopment Plan that would extend the power of eminent domain (condemnation) for twelve years beginning January 1, 1999 to December 31, 2010; to adopt a procedure for formation and election of a Project Area Committee (PAC); to authorize the Arcadia Redevelopment Agency to seek volunteer residentiai and business owners and tenants and representatives of community organizations within the Project Area to serve on the PAC. 8. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WlSH TO ADDRESS L. Spencer THE CfTY COUNCIL NON-PUBLIC HEARING/FIVE MINUTE TIME LIMIT PER Terry Smith ~ B. Budd PERSON) B. Spellman 9. MATTERS FROM ELECTED OFFICIALS City Council Reports/Announcements/Statements/Future Agenda Items 10. Recommendation to approve the minutes of the November 3, 1996 regutar meeting of the Arcadia Redevelopment Agency. 11. Recommendation that the Arcadia Redevelopment Agency approve a Negafive Declarafion, final Design Review and Owner Participation Agreement befiveen R.E.I. and the Arcadia Redevelopment Agenoy; appropriafe $60,0OO.OD from unprogrammed Agency funds for payment of certain development costs to R.E.I., Inc.; and for the City Council to approve a 2-foot landscaping easement into the pubfic right-of-way of St. Joseph and First Streets for R.E.I. use. ADJOURN Rsdevelopment Agency to December '15, 1996 at 6:ODp.m. MEETING OF THE ARCADIA CITY COUNCIL 12. CONSENT See Minutes ~p~roved 5-0 Aoproved 5-0 a. Approval of the minutes of the November 17, 1998 regular meeting. Aooroved 5-0 b. Report and recommendafion to enter into a Professional Servic=s Approved 5-0 Agreement with Law/Crandall Engineering and Environm=ntal Services, Inc. in the am~unt of ~1'14,829.DD ror construction of a new water well, and to abandon the existing well at Rancho #6 site. 2 . . ~1 • • CONSENT Continued c. Report and recommendation to accept all work performed by California Pavement Maintenance Company for the 1998-99 Street Resurfacing Program as complete, and to authorize final payment to be made in accordance with contract documents, subject to a retention of $20,993.00. ACTION AoAroved 5-0 d. Report and recommendation to enter into a Professional Services Approved 5-0 Agreement with L.D. King Engineers, Inc. in the amount of ~20,500.00 for a Chlorine Generation System Feasibility Study and a preliminary design concept at various water production and storage plants. e. Recommendation to adopt Resolufion No. 6090, a Resolution of the City Council of the City of Arcadia, California electing to be subject to Public Employees' Medical and Hospital Care Act only with respect to members represented by California Teamsters, and fixing the employer's contribution for annuitants at different amounts. Report and recommendation to award a contract to Pentamafion Government Systems in the amount of ~255,540.00 for the acquisition of an Information Management System and to appropriate an additional ~10,600.00 from the Equipment Fund to pay for this purchase: Adopted 5-0 6pproved 5-0 Report and recommendation to authorize an additional appropriation Approved 5-0 of ~30D,000.00 from the Water Fund for water meter service connecfions and to increase the revenue estimate for meter charges by ~300,ODO.DD. 13. CITY MANAGER a. Report and recommendation to provide direction relative to the ~prai~~P ~c F; le recommendations of the Citizen's Financial Advisory Committee. xeporc. various ` Recommendations Endorsed b. Report and recommendation to adopt Resolution No. 6088, a ~~„tinLea to Resolution of the City Council of the City of Arcadia, Califomia qe bs nc g approving the transfer and assignment of the non-exclusive cable 0 w/1 television iranchise from TCI Cablevision of Sierra MadreJArcadia, Inc. to AT 8~ T. 14. CITY ATTORNEY Report and recommendation to adopt Resolution No. 6087, a Adopted 4-0 Resolution of the City Council of the City of Arcadia, California s=tting forth the Administrafive Citation 5chedule of Fines for certain violations , of the Arcadia Municipal Code, and designating continuing violations subject to administrative remedies. • ~ -. . .': • ~ ACTION CITY ATTORNEY Continued b. Report and recommendation to INTRODUCE Ordinance No. 2095, Introduced s-i an Ordinance of the City Council of the City of Arcadia, California Roncelli opposed adding an H6 (High Rise Overlay) to the C-2 zoned property located at Harbicht absent . 55 W. Huntington Drive. ADJOURN City Council to December 15, 1998 at 6:OOp.m. Adjourned ac 10:27 P.m: 4 � � 66 vo-L7 STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT DATE: December 1, 1998 TO: Mayor and City Council/Arcadia Redevelopment Agency FROM: Don Penman, Deputy City Manager/Deputy Executive Director/ Development Services Director 11'' By: Peter Kinnahan, Economic Development Administrator SUBJECT: PUBLIC HEARING AND REPORT TO PROVIDE INFORMATION TO THE COMMUNITY ON THE PROCEDURES TO ADOPT A PROPOSED TEXT AMENDMENT TO THE CENTRAL REDEVELOPMENT PLAN EXTENDING THE POWER OF EMINENT DOMAIN (CONDEMNATION) FOR TWELVE (12) YEARS BEGINNING JANUARY 1, 1999 TO DECEMBER 31, 2010; ADOPTING A PROCEDURE FOR FORMATION AND ELECTION OF A PROJECT AREA COMMITTEE (PAC); AND REQUEST BY THE ARCADIA REDEVELOPMENT AGENCY FOR VOLUNTEER RESIDENTIAL AND BUSINESS OWNERS AND TENANTS, AND REPRESENTATIVES OF COMMUNITY ORGANIZATIONS WITHIN THE PROJECT AREA TO SERVE ON THE PAC. SUMMARY The Arcadia Redevelopment Agency's . power of eminent domain (condemnation) expired June 30, 1998. Health & Safety Code Sections 33000 et. seq. (California Redevelopment Law) allows the power of eminent domain to be extended for up to twelve (12) years. At the Agency's meeting of November 3, 1998 the Agency decided to proceed with an amendment to reauthorize eminent domain for the period from January 1, 1999 to December 31, 2010. At the same meeting, the Board directed that the power of eminent domain not apply to the properties in the residential areas abutting and north of Colorado Boulevard and north of Alta Street (see map, Attachment 1). All the properties in the central part of the project area and the commercially zoned properties on Santa Anita would then be subject to the power of eminent domain should the City Council ultimately approve the amendment. Even with the exclusion of the above described residential areas, a significant number of residential occupants could be displaced by the power of eminent domain. The law . requires that a Project Area Committee (PAC) comprised of individuals elected by representatives from the Project Area must be established by the City Council to consider the amendment and advise the Council on matters affecting possible displacement. A map showing the location and approximate number of these residential units is provided as Attachment 2. LASER IMAGED 1 iad re, v ec/ GG/f}-R/9 fI� • Staff Report Page Two December 1, 1998 The Law requires that the City Council conduct a noticed public meeting to explain the proposed amendment to the community and to then adopt procedures for the formation and election of a nine (9) member Project Area Committee (Attachment 3). The law - also requires that the Agency call for volunteers to serve on the PAC. This report is intended to meet all of these objectives. Staff recommends that the City Council 1) receive the staff report; 2) hold the Public Hearing and respond to questions; and 3) adopt the procedures for the formation and • election of a Project Area Committee (see Attachment 3). Additionally, it is recommended that the Redevelopment Agency call for volunteer residential and business owners and tenants, and representatives of community organizations within or serving the Project Area, to serve on the PAC. DISCUSSION • The Redevelopment Agency's power of eminent domain expired June 30, 1998. California Redevelopment law allows a City to reauthorize this power for up to twelve (12) years, but only after a formal plan amendment process. Since only a text amendment is involved, the amendment process is less complicated than if the Agency were proposing to add territory to the existing Project Area. Eminent Domain - Although the Arcadia Redevelopment Agency during its 24 year existence has never gone to trial on eminent domain, it has adopted a "Resolution of • Necessity" (initiating the process) 26 times. In all cases, the Agency and property owner were able to negotiate a reasonable compromise prior to trial. Without the use of this power, the Hampton Inn, Residence Inn, Souplantation, Olive Garden, Automobile Club, Friendly Hills-Cigna, Outback Steak House and the proposed Hilton Garden Inn and Marriott Fairfield Suites project across North Second Avenue from • Embassy Suites could not have been possible. On November 3, 1998 the Agency preliminarily determined that the residential properties north of and abutting Colorado Boulevard, and north of Alta Street (see Attachment 1) should be exempted and that only the M-1 and commercially zoned areas (including those on Santa Anita) should be considered for the possible exercise of eminent domain power. There are approximately 79 residential units in this "core" area. Most are older units, dating from the 1940's and 50's. Most do not conform to the City's current zoning fire and/or building regulations. Many are intermingled with • commercial or manufacturing uses. While the Agency has no plans at this time to acquire any of these properties, without the power of eminent domain, the Agency would be unable to assemble the land necessary for a future development that could benefit both the City and the Agency. Additionally, it would remove any negotiating leverage with an unreasonable property owner. Staff Report Page Three December 1, 1998 Project Area Committee (PAC) — If exercising the power of eminent domain may displace a significant number of residential occupants, the City Council must create a Project Area Committee (PAC). Business owners and tenants, residential owners and tenants, and representatives of community organizations located within and serving the area elect the PAC. While the City Council can determine the size and general make- up of the PAC, each group elects its own membership (e.g., residential owners elect residential owners). Neither the Agency nor the City Council is allowed to appoint members of the PAC. No compensation or stipends are provided for serving on the PAC. The PAC's main task is to consider the Agency's possible displacement of residential occupants. However, the law permits the PAC to .also consider any projects or programs that may have an impact on the residents. Further, the Agency is required to provide staff and legal support to the PAC upon request. While Agency staff and Agency Special Counsel could fill these roles, this is both an administrative and financial obligation of the Agency. If the PAC recommends against the adoption of the eminent domain amendment to the Central Redevelopment Plan, the City Council can adopt the amendment, but only by a 2/3`1 vote (i.e., 4 of the 5 members must approve). By law the PAC must continue to operate for at least three (3) years, with annual renewals thereafter, if the Council so desires. Attached are the draft "Procedures for the Formation and Election of a Project Area Committee" (Attachment 3). Staff would recommend that the PAC have a nine (9) member body, with its composition identified below: 2 Residential owner-occupants 2 Residential tenants 1 Commercial/industrial owner or owner-occupant 1 Commercial/industrial tenant 3 Representatives of community organizations located within or serving the Area 9 Total The list of twenty-five (25) community organizations that would be eligible to serve on the PAC is shown on Attachment 4. Community organizations are defined as religious, civic, fraternal, service, educational or other related organizations with a similar purpose located within or providing significant services to the project area. Call for PAC Volunteers The Agency is required to formally request volunteers to serve on the PAC. Pursuant to City Council/Redevelopment Agency action of November 3, 1998, a notice describing the Amendment process, the purpose of a PAC, and the need for volunteers was published on November 5th and November 19th, 1998. The notice will appear Staff Report — Page Four December 1, 1998 again the Arcadia Weekly on December 3`d and December 10th, 1998. The list of meetings (dates/times/locations) was also provided. In addition as required by law, this notice and meeting schedule was mailed to all residential owners and tenants, business owners and tenants, and representatives of community organizations on November 13, 1998. The first community meeting on the proposed Amendment was held Tuesday, November 24, 1998 at the Arcadia Community Center. Those in attendance were briefed by staff on eminent domain, the proposed amendment, the Redevelopment Agency's history, current project status, the PAC, the election and challenge process, schedule, and other issues raised by the attendees. The next scheduled meeting for the community is Thursday, December 10, 1998 at 7:00 p.m. in the City Council Chambers at Arcadia City Hall. Staff will again inform the attendees about the process and respond to questions. The actual PAC election is scheduled for Wednesday, December 16, 1998 at 7:00 p.m. in the City Council Chamber. Project Area residents or business people, and representatives of community organizations are encouraged to obtain a PAC application form in the Development Services Department/Economic Development Division at Arcadia City Hall (see the sample form, Exhibit A to Attachment 3). All applications are due by Tuesday, December 15, 1998 at 5:30 p.m. at the Development Services office in City Hall. Voting will be conducted at the December 16, 1998 meeting. Staff will forward the results of the election, including any challenges, to the City Council on January 5, 1999 for certification. The preliminary schedule calls for the first PAC meeting on Wednesday, January 13, 1999 at 7:00 p.m. in the City Council Chambers Conference Room. ENVIRONMENTAL IMPACT An Environmental analysis is required by State law and will be completed prior to adoption of any formal amendment. FISCAL IMPACT On November 3, 1998 the Agency established a budget of $15,000 for the Amendment process. Most of this cost is for possible legal services related to informing the PAC and City Council on issues related to the Amendment, and for printing, publishing and mailing costs. RECOMMENDATION IT IS RECOMMENDED THAT THE CITY COUNCIL: 1) RECEIVE A REPORT FROM STAFF ON THE PROPOSED AMENDMENT PROCESS AND THE ROLE OF THE PROJECT AREA COMMITTEE; AND , ' Staff Report Page Five December 1, 1998 2) OPEN THE PUBLIC HEARING AND RESPOND TO QUESTIONS; AND 3) ADOPT THE "PROCEDURE FOR FORMATION AND ELECTION OF THE PROJECT AREA COMMITTEE ARCADIA CENTRAL (DOWNTOWN) REDEVELOPMENT PROJECT AREA" (ATTACHMENT 3). IT IS RECOMMENDED THAT THE ARCADIA REDEVELOPMENT AGENCY: 1) REQUEST THAT RESIDENTIAL OWNER OCCUPANTS, TENANTS, BUSINESS OWNER OCCUPANTS, TENANTS, AND REPRESENTATIVES OF COMMUNITY ORGANIZATIONS LOCATED IN OR SERVING THE PROJECT AREA VOLUNTEER TO SERVE ON THE PAC, AS SET FORTH ABOVE. Approved By: V William R. Kelly, City Manager/Executive Director. Attachments 1. Project Area map showing potentially exempt residential properties. 2. Project Area Map showing approximate number and location of properties potentially subject to eminent domain. 3. Procedure for Formation and Election of a Project Area Committee Central (Downtown) Redevelopment Project Area. •• 4. List of Community Organizations located within or serving the Project • Area. • • • • i • • rmUrmrc 1 'co rU 1 miv 1 PMLLY UbJtl:1- TO EMINENT DOMAIN • • 111111111 • , viguili2 -_ • .,s PF 81"--..-..-... Areas subject to eminent domain �� limpFiic 4 1,, x Areas exempt from eminent domain w RHD At :.•,,,,,, T x%: gig Eir,14is ,•Z. ♦ C•1•rar• ■1 �� ♦ rn ' t> ;sue„, % 1 1 %' i , • 11 I S CO 1 La P•c t• St. • 1 1 C G/1 •` t N∎ 1 C G •' t ; i ;CG/1 d 1 :Nob. . 1 w Salt • !••• A I St. :' t 1 P D C O` ,• �; Santa l lara St. • I �. CG 1 CG i� �a• y 1• I y CO l CG • PD PD�`\ a G I CG m I CG ``� w �_m _ Hawtiwit•w Drlt• p CG CG Altw .', IF-11111PD II • • LEGEND 1 • ?+• RHD Residential High Density 1 Industrlol RLD Residential Low Density PF Public Facilities �� CO Commercial Office PD Planned Development NORTH October, 1986 CG Commercial Generol awonw NoSca. Project Area Boundary No cat Ill III la . Pi 1144 NI WW wi .. ..,,, `♦ � _,„•...a,A Central Redevelopment Project ♦ PF ~� kFoo , HO .f D .ot_g■ CITY OF ARCADIA o 1'.wnm.n e. `���� � .i., 1 RHO RHO RHO CG t�t1 Properties potentially ' ♦ subject to eminent domain.C•I •r.d• etva. % ' ` . Col RHD ; C RHD �� • , • it I 1.i., . I r-Gi 0111114Kil 1 l'ai id I Le •r • It. b fir CO I CO/1 MP° I *1St ii S`* I I l 1 • N. 4 . .r . ■r■ St. `,. " CG M ' rri w ,ve 4 w .. \ . % , oti Lt13 . III: C G :0= : w 4•4..,‘co me C G C G .,rt P D P D `\`'t::ECG I CG 1 CG N. ►- `N . Hrpllrsl•r Dr! v• ..>t,.rr..n.n..MIMI CO I ( CG I ?th — CG ra lam A�' l' RHD IC GI IC RHO I1 < ( , PD Mal ow MI Me IIIIII MI ler fr + ♦ • I tlt%s LEG END y RHO Resldentlall High Density I industrial -T RLD Residential Low Density PF Public Faclilfl. s CO Commercial Office PD Planned Development NORTH October, 1986 CG Commercial General IMO 041 Project Area Boundary 1•' 600' N • p Plua Church • • PROCEDURE FOR FORMATION AND ELECTION OF THE PROJECT AREA COMMITTEE ARCADIA CENTRAL (DOWNTOWN) REDVELOPMENT PROJECT AREA I. [100] GENERAL A. [101] Purpose The purpose of this document is to set forth a procedure for formation of a Project Area Committee ("PAC") for the Arcadia Redevelopment Agency's and Amendment to the Central Downtown Project Area ("Project" or "Project Area"). The proposed amendment, if approved, would extend eminent domain powers in the Central Downtown Project Area ("Downtown"). A map identifying the properties to be exempt from the power of eminent domain is attached hereto as Exhibit A-2, Section 33385 of the Community Redevelopment Law (California Health and Safety Code 33000 et seq., herein referred to as the "Redevelopment Law") provides for the establishment by the City Council of the City of Arcadia of a procedure for formation of the PAC and a project area wide procedure for election of PAC members. The PAC shall advise the City Council on those policy matters which deal with the planning and provision of residential facilities or replacement housing for those displaced by project activities, and on other policy matters which affect the residents of the Project Area. The procedure established herein shall be used to govern formation and election of the PAC. B. [102] Authority This procedure was approved,and adopted on December 1, 1999 by minute order of the City Council of the City of Arcadia. C. [103] Definitions For the purposes herein: 1. "Business" means any lawful activity, whether or not carried on for profit, which is conducted within the Project Area for (i) the purchase, sale, lease, or rental of tangible or intangible personal property (a "Retail Business"); (ii) the manufacture, processing or marketing of products, commodities or any other personal property (a "Manufacturing Business"); or (iii) the sale of services to the public (a "Service Business"). Business also includes any property owner that is a Person who owns the real property in the PAC Area, who does not use the real property for their primary residence. Such real property includes residential nonowner occupied property, industrial property, retail property, and other commercial property. ATTACHMENT 3 1 2. "City" means the City of Arcadia, California, a municipal corporation. 3. "City Council" means the City Council of the City, exercising powers as the legislative body under the Redevelopment Law. • 4. "Agency" means the City of Arcadia Redevelopment Agency, a public body, corporate and politic, which exercises powers as a redevelopment agency • under the Redevelopment Law. 5. Existing Community Organization" means any nonprofit association of Persons organized for religious, civic, fraternal, service, educational, or other purposes, which conducts its regularly scheduled meetings within the boundaries of the PAC Area, uses an address located within the Project Area for its office or headquarters, or provides significant services within the project area. 6. "Person" means, but is not limited to, an individual, household, • family, proprietorship, partnership, business trust, joint venture, syndicate corporation, or association. • 7. "PAC Area" means the PAC Area or the Central Redevelopment .• Project Area shown on the map attached hereto as Exhibit "A-1". • 8. • "Project Area Committee" or"PAC" means the committee formed • and selected in accordance with Section 33385, et seq., of the Redevelopment Law and the procedure set forth herein. 9. "Resident" means a Residential Owner-Occupant or Residential Tenant. • 10. "Residential Owner-Occupant" means a person who owns a dwelling unit in the PAC Area and occupies such dwelling unit as the person's permanent residence and usual place of abode. 11. "Residential Tenant" means a person who rents a dwelling unit in the PAC Area pursuant to a rental agreement and has occupied such dwelling unit as a permanent residence and usual place of abode for not less than thirty (30) days prior to the submittal of a completed PAC application as described in Section 501 herein. 12. "Business Owner" means a person who owns the property in the PAC Area upon which a commercial or industrial business is operated. 13. Business Owner—occupant means a person who owns the property in the project area upon he/she operates his/her own business. • • 2 14. "Business Tenant" means a person who owns and/or operates a business in the PAC Area upon which a commercial or industrial property which he does not own. II. [200] PUBLIC MEETINGS A. [201] Meetings The Agency staff shall conduct at least one public informational meeting to explain the establishment and functions of the PAC, and the opportunity to serve on the PAC and shall conduct a meeting to elect members of the PAC. It is contemplated that the election will take place within two weeks of the informational meeting. The informational and election meetings shall be held at the Arcadia Community Center, 375 Campus Drive, or Arcadia City Council Chambers, Arcadia City Hall, 240 West Huntington Drive. At the informational meetings, the Agency shall distribute and make available to each attendee: (i) a copy of Article 6.5 of the Redevelopment Law (Sections 33385-33388); (ii) a copy of Sections 33347.5 and 33366 of the Redevelopment Law; (iii) a copy of this procedure; (iv) applications for PAC membership; and (v) any other materials the Agency determines would be useful. An initial informational meeting was held on November 24, 1998. In addition to this and the December 1, 1998 Council/Agency meeting, it is contemplated that another informational meeting will be held on Thursday, December 10, 1998, and the election meeting will be held on Wednesday, December 16, 1998, in accordance with the process more particularly set forth in Section 500, et seq., herein. B. [202] Presentation of PAC to City Council The Agency shall present the results of the PAC Election to the City Council at a regular meeting of the City Council following the PAC Election. This date will tentatively be Tuesday, January 5, 1999 at 7:00 p.m. in the Arcadia City Council Chambers at Arcadia City Hall. The City Council shall adopt, if appropriate, a finding that all the relevant portions of this Procedure regarding the election were followed and shall determine the validity of any properly filed challenges to the PAC Election within the time required by law and as set forth in Section 606 of this Procedure. III. [300] NOTICE OF MEETINGS, HEARINGS, AND PLEBISCITES The Agency shall publish notice of all meetings, hearings, or plebiscites conducted by the Agency or the City Council, or on behalf of the City Council or Agency, relative to the formation and selection of the PAC, and the opportunity to serve on the PAC in the same manner as specified in Subdivision (a) of Section 65090 of the Government Code. 3 A. [301] Publication of Opportunity to Serve The Agency shall publicize the opportunity to serve on the PAC by mailing written notice to all Residents, Businesses, and Existing Community Organizations in the PAC Area. This notice shall be mailed by first-class mail at least thirty (30) days prior to the formation of the PAC. B. [302] Publication of Notice The Agency shall publish notice of each meeting, hearing, or plebiscite relative to the formation and selection of the PAC at least one time in a newspaper of general circulation in the City at least ten (10) days prior to the date for each meeting, hearing, or plebiscite. The notice shall include: (1) the date, time, and place of each meeting, hearing, or plebiscite, (2) the identity of the body conducting such meeting, hearing, or plebiscite, (3) a general explanation of the matters to be considered, (4) a general description of the Project Area/PAC Area, in text or by diagram, (5) a statement that a PAC will be formed for the Project Area, (6) a general description of the duties of PAC members, and (7) a general statement of the criteria for eligibility to vote for PAC members and serve on the PAC. The City and Agency have published a listing of all proposed community and informational meetings in the Arcadia Weekly on Thursday, November 5 and 19, 1998 and will publish this list on December 3 and December 10, 1998. This notice included public, community, or PAC meetings on November 3, November 24, December 1, December 10 and December 16, 1998, and January 5 and January 13, 1999. C. [303] Notice by Mail The Agency shall mail written notice to all Residents, Businesses, and Existing Community Organizations in the PAC Area of all meetings, hearings, or plebiscites conducted by, or on behalf of, the Agency or the City Council relative to the formation and selection of the PAC. This mailed notice requirement shall only apply if mailing addresses of all Residents, Businesses, Community Organizations, or of all occupants, are obtainable by the Agency at a reasonable cost. The notice shall be mailed by first-class mail, but may be addressed to "occupant." In lieu of providing separate notice for each meeting, hearing, or plebiscite, the Agency may provide a single notice pursuant to this Section 303 stating all dates, times, and locations of any meetings, hearings, and plebiscites relative to the formation and selection of the PAC. The City and Agency mailed notice around November 13, 1998 listing all proposed meetings, hearing, plebiscites, as set forth in Section 302 to all parties cited above. If the Agency has acted in good faith to comply with the notice requirements of this Section 303, the failure of the Agency to provide the required 4 r notice to Residents, Businesses, or Community Organizations unknown to the Agency or whose addresses could not be obtained at a reasonable cost, shall not, in and of itself, invalidate the formation or actions of the PAC. D. [304] Other Forms of Notice In addition to the notice required by Sections 301, 302, and 303, the Agency may post notices, distribute flyers, purchase radio or newspaper display advertisements or undertake such other actions as it deems necessary or desirable to further inform Residents, Businesses, and Existing Community Organizations of the formation of the PAC. E. [305] Foreign Languages Any of the notices or announcements required herein may be translated into another language if the Agency determines that such translation is necessary to effectively publicize the opportunity to serve on the PAC and participate in the formation and selection of the PAC. IV. [400] COMPOSITION OF PAC MEMBERSHIP A. [401] Categories Subject to the remaining provisions of this Section 401, the PAC is to be composed of nine (9) members which shall include the number of representatives listed in each of the following categories: Note: Because of the voluntary nature of participation in the PAC as well as other constraints, it is possible that the number of representatives in one or more of the categories or the total membership may be below those levels set forth in the preceding portion of this Section 401. Such circumstances will not affect conduct of business by the PAC. Category Number of Representatives Residential Owner-Occupants 2 Residential Tenants 2 Business Owner or Owner-Occupant (own property and own/ 1 Operate Business from that property) Business Tenant-Lessee (own/operate business from location In Project Area 1 Existing Community Organizations 3 TOTAL 9 5 B. [402] Existing Community Organization/Appointment of Representative • Each Existing Community Organization elected to serve on the PAC pursuant to Part V of this Procedure shall appoint one of its members to serve on the PAC. An alternate may also be appointed to serve on the PAC in the event that the original representative is unable to attend a PAC meeting. However, in no event shall more than one member of the Existing Community Organization attend the PAC meetings in his/her representative (voting) capacity. C. [403] Vacancies in Membership Categories -- Adjustment of Composition of PAC; Succession If, at the time of formation of the PAC, an insufficient number of candidates are elected to represent each category of membership on the PAC, such seats may remain vacant until qualified and eligible candidates are selected in the manner provided by this Procedure. The existence of any vacancies shall not prevent formation of the PAC or the conduct of business by the PAC, as long as at least five (5) seats are filled by qualified candidates. If a vacancy should remain or occur after the formation of the PAC, the PAC shall by a vote of its remaining members determine which person(s) shall fill the categories or positions which are vacant (i.e., residential owner-occupants shall elect residential owner-occupants). Such determination shall be made pursuant to such process as the PAC shall deem appropriate, and without the mailing of notices required • pursuant to Section 303 of this Procedure concerning the original establishment of the PAC. V. [500] ELECTION PROCEDURE • • A. [501] PAC Applications A candidate for PAC membership must submit a completed PAC Application to the Agency office, which application must be received by the Agency one (1) calendar day prior to the PAC Election (i.e., by December 15, 1998 @ 5:30 p.m.). A copy of the "PAC Application".is attached hereto as Exhibit "B" and incorporated herein by this reference. All PAC Applications submitted shall be available to the general public for review beginning on the business day following submittal. All PAC • Applications shall be available at the election meeting described in Section 201 above, and at the Agency office prior to such meeting. The Agency office is located at Arcadia City Hall, Development Services Department, 240 West Huntington Drive, Arcadia, CA 91007, phone (626) 574-5408. • 6 VI. [600] ELIGIBILITY REQUIREMENTS FOR PAC MEMBERSHIP Upon submittal of a PAC Application, candidates for PAC membership must present evidence that they are eighteen (18) years of age or older. Candidates are advised that the Fair Political Practices Act require elected PAC Members to complete Statements of Economic Interest which disclose certain personal financial information concerning such PAC member. Candidates may only run for one category of PAC membership and must present a valid California identification card, drivers license, military identification, or similar identification and the following evidence as eligibility for the applicable category: 1. Residential Owner-Occupant: Copy of recorded grant deed, title report or property tax bill. 2. Residential Tenant: Copy of executed current rental agreement or rent receipt. 3. Business Owner-Occupant: Copy of recorded grant deed, title report or property tax bill for property not used for primary residency in the Project Area, sales tax certificate issued by State of California or City Business Tax License. 4. Business Tenant: Copy of executed current rental agreement or rent receipt. 5. Existing Community Organization: Each of the following: (i) proof of existence of the organization as of the time of the PAC informational meeting, (ii) proof of existence and/or operation (provision of significant services) within the PAC Area, such as articles of incorporation, bylaws or business license, meeting agendas for previous six (6) months, and (iii) a resolution of the board of directors of such organization authorizing a representative or alternate to act on its behalf. A. [601] Voter Eligibility Anyone desiring to vote at the PAC Election must show proof prior to or at the PAC Election by providing satisfactory evidence to the Agency staff that he or she is (1) at least eighteen (18) years of age or older and (2) is a Residential Owner- Occupant or Residential Tenant, Business Owner or Owner-Occupant or Business Tenant in the PAC Area, or is the authorized representative (as evidenced by a letter) of an Existing Community Organization within or serving the PAC Area. Only one individual may vote on behalf of any Business Owner-Occupant or Business Tenant or Existing Community Organization. For example, in the event a husband and wife lease a residential property in the Project Area, only one (1) of them may vote in the "Residential Tenant" category. Any of the following documents, where appropriate to the category of the voter, may be provided as evidence of eligibility to vote: 1 • 1` l I _ 1 California Driver's License, California Identification Card, Military Identification, or Other Official Documents (i.e., Alien Registration Card, Passport, etc.), and a copy of one of the following: 1. Rental Agreement 2. Rent Receipt 3. Grant Deed to Real Property 4. Property Tax Bill 5. Sales Tax Certificate issued by the State of California or City 6. City Business License 7. Utility Bill 8. Voter Registration 9. Resolution of or Letter from Business 10. Resolution or letter from Existing Community Organization • 11. Other Official Documents • B. [602] Candidate Speeches All candidates for each PAC membership category (i) Residential Owner- Occupant, (ii) Residential Tenant, (iii) Business Owner or Owner-Occupant, (iv) • Business Tenant, (v) Existing Community Organizations shall be given an opportunity to make a speech at the PAC Election meeting. A time limit of three (3) minutes is established for each speech. A table will be provided by City staff upon which informational materials on the candidates can be displayed. If a candidate is unable to attend the election meeting, the candidate may designate a representative to make their speech. Reasonable rules of order (in the event of dispute, Roberts Rules of Order are to be used) will be applied, considering the number of candidates running in the PAC Election. C. [603] Voting Categories Each voter may cast ballots for representatives of that voter's PAC membership category and for the category of Existing Community Organization. Voters 8 who have qualified to vote as Residential Owner-Occupants shall be entitled to vote for 'representatives of the Residential Owner-Occupant category for their status, and for three (3) representatives from existing community organizations. Voters who have qualified to vote as Residential Tenants shall be entitled to vote for representatives of the Residential Tenant category for their status, and for three (3) representatives from existing community organizations. Voters who have qualified to vote as representatives of Businesses shall be entitled to vote for representatives of the Business category— Owner or Owner-Occupant, Tenant, as appropriate and for three (3) representatives from community organizations. Voters who have qualified to vote as representatives of Existing Community Organizations are entitled to vote for that category only (3 positions). • D. [604] Balloting Ballots shall be provided to voters who are eligible pursuant to these procedures (see Section 60) for each PAC membership category, i.e., a Resident Ballot, a Residential Owner-Occupant ballot, a Residential Tenant ballot, exempt and non-exempt, a Businesses ballot, Owner-Occupant and Lessee, and an Existing Community Organizations ballot. Voting shall be conducted by secret ballot. The Agency shall appoint authorized election assistants to collect and tally the ballots. The Agency shall ensure secrecy of the ballot by requiring each ballot to be folded and passed to an authorized election assistant. The election assistants shall tally the ballots at the PAC Election meeting. E. [605] Results/Runoffs The person obtaining the most votes shall be the winner. Agency staff shall announce the results of the PAC Election at the PAC Election meeting when the ballots are tallied. If a runoff because of a tie vote is necessary, it shall be conducted immediately. At the PAC Election meeting, Agency staff shall announce that the results and ballots shall be maintained by the Agency for presentation to the City Council. The Agency will publish the results in the Arcadia Weekly the following week. F. [606] ChallengesNalidity Any challenge to the PAC Election or to the electoral procedures followed in connection with the PAC Election shall be filed with the Development Services Director within fifteen (15) calendar days following the PAC Election. The City Council shall review disputed elections by considering all challenges so filed and will determine the validity of those challenges within thirty (30) days following the PAC Election. The City contemplates resolution of challenges and certification of the PAC Election to occur at the City Council meeting on Tuesday, January 5, 1999 at 7:00 p.m., Arcadia City Council Chambers, Arcadia City Hall. 9 1 • 4� ) VII. [700] SPECIAL PROVISIONS A. [701] Compensation of PAC Members The members of the PAC shall serve without compensation. B. [702] Amendment of Procedure The procedure established herein may be amended from time to time by action of the City Council. 10 MINE MINN . • =gag . "`"��Ilie.,e`_ ' Central Redevelopment Project ,♦ PF �� �F°• �' 1 l 1 iP `` CITY OF ARCADIA •HD 0 D RHD RLQ♦ b. � �` CG RLD 441;.••• �, ` •�� Rio RHO CG lG \ _ wwwwiesu_la C•I•rad• ■rvd.110 % % 1 `ICG1 RHO . l`fCGI RHD ,, CG 4 • i �La P. tl• I I ft. I I ice ! CO cG/I I I ' \ w i liti4.,.. ■ 1 ICG/I a t1 , t St. PD \v. % o4' t as a ■ra . \ ' • • t .....0„, lw — A c G 'M1 _ w \\ 4 MI C O ■w C G S •CG I CG CG ~ `�� Huallapt•a Drly• I — �1111W .aN.rN■ ( CG J f CG Q • > tIID RHD ICG) (cal RHD I EGEND I � Residential High Density I Industrial 1-1- RLD Residential Low Density PF Public Fociillie s H CO Commercial Office PD Planned Development NORT14 II October, 1986 CG Commercial General loom Project Area Boundary I" 600' PROPERTIES POTENTIALLY SUBJECT TO EMINENT DOMAIN • /1114/»711; ♦`;`P~_~��4� F• Areas subject to eminent domain Z • i witia.."D1r1 'ti� Areas exempt from eminent domain '',:'t rya•; 1:i . EXHIBIT "B" to Procedures PROJECT AREA COMMITTEE APPLICATION ARCADIA CENTRAL DOWNTOWN REDEVELOPMENT PROJECT AREA STATEMENT OF INTEREST AND QUALIFICATIONS This Information Will Be Made Available to Voters Before the Election Please Print and Check the Appropriate Boxes and return to: Arcadia City Hall, Development Services Dept., 240 W. Huntington Drive by Tuesday, December 15, 1998 at 5:30 p.m. To the City Council of the City of Arcadia: I, (Name: PLEASE PRINT) would like to volunteer to run for election to the Amendment Project Area Committee at the election meeting to be held on December 16, 1998. I would like to be elected for the following category: JCHOOSE ONE ONLY( f 1 Residential Owner-Occupant U Residential Tenant ( 1 Business Owner or Owner-Occupant [ 1 Business Tenant— lessee f 1 Existing Community Organization representative I CERTIFY THAT WITHIN THE PAC AREA BOUNDARIES (Downtown Project Area, Original Project Area "A," and Proposed Added Area): [Choose One Only] 1. I am a Residential Owner-Occupant because I own and reside in residential property located at the following address: 2. I am a Residential Tenant because I rent a dwelling unit and have occupied the dwelling unit as my permanent residence and usual place of abode for not less than thirty (30) days. I reside at the following address: 13 • s� 3. I am a Business Owner or Owner-Occupant, because a) own real property, that is not my residence which property I lease to others; or b) I own and operate a business from this property. The name and address of the property is: • 4. I am a Business Lessee, and I operate a business but do not own the real property (this is also not my residence). The name and address of the business is: • 5. I am an officer of an Existing Community Organization for either a service club L], a civic group L], church group Li, a neighborhood organization [ j, an educational organization [ 1, or other community organization [ 1, which conducts its regularly scheduled meetings within and uses an address located within the PAC Area, or provides significant services to the PAC Area and am eligible to vote as a unit member. I have an official letter or resolution from the organization, on their letterhead, • authorizing me to represent them. The name, address, and description of this community organization is: Optional: The reasons I would like to serve on the Project Area Committee are as follows (include • prior experience in community affairs and/or other qualifications to serve on the Project Area Committee, and attach additional sheet, if necessary): • • 1 �6• p • 14 I acknowledge that if elected as a PAC member, I will be required to complete a Statement of Economic Interest which discloses certain personal financial information concerning any financial interests I have in the Project Area (and my family and spouse, if applicable). I possess all the necessary qualifications to serve as a representative on the Project Area Committee and will participate in the regular PAC meetings. I understand that this application and all the PAC meetings will be a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct: Date and Place Print Name Signature Residence Address Qualifying Address (Address of Residence/Business/Existing Community Organization, whichever is applicable) Mailing Address Daytime Telephone Number Fax Number Evening Telephone Number To be eligible for Project Area Committee membership, this completed application must be returned to and received by the Arcadia Redevelopment Agency, 240 West Huntington Drive, Arcadia, California 91007, no later than 5:30 p.m. on December '15, • 1998. Any applications received after those times will be put on file for consideration for future Project Area Committee vacancies. • 15 J O G-80 -07 • - t"+ ,�CORPORAS40 ,'°' STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT DATE: December 1, 1998 TO: Mayor and City Council Arcadia Redevelopment Agency FROM: Don Penman, Deputy City Manager/Deputy Executive Director By: Teter Kinnahan, Economic Development Administrator SUBJECT: REPORT AND RECOMMENDATION THAT THE ARCADIA REDEVELOPMENT AGENCY APPROVE A NEGATIVE DECLARATION, FINAL DESIGN REVIEW AND OWNER PARTICIPATION AGREEMENT (OPA) BETWEEN R.E.I., INC. AND THE ARCADIA REDEVELOPMENT AGENCY; APPROPRIATE $60,000 FROM UNPROGRAMMED AGENCY FUNDS FOR PAYMENT OF CERTAIN DEVELOPMENT COSTS TO R.E.I., INC.; AND THAT THE CITY COUNCIL APPROVE THE REMOVAL OF A TWO (2) FOOT EASEMENT IN THE PUBLIC RIGHT-OF-WAY OF ST. JOSEPH AND FIRST STREETS FOR R.E.I. USE. SUMMARY R.E.I. is requesting final Design Review approval of their 25,000-sq. ft. retail project at 214 North Santa Anita (Attachment 1). Staff has prepared a Negative Declaration (Attachment 2) for the project. • R.E.I. has also requested financial assistance from the Redevelopment Agency in order to locate their new store in Arcadia. After negotiations, staff has prepared an Owner Participation Agreement (OPA, Attachment 3) which will provide $60,000 in assistance to R.E.I. after completion of construction. Staff recommends approval of the Negative Declaration, final Design Review and the OPA. DESIGN REVIEW At the Agency's November 3rd, 1998 meeting, the applicant provided colored renderings and a materials board for the project. (Attachment 1) The Board conceptually approved the design at that meeting. This final review completes the formal requirements for Agency approval. The renderings are available for review and will be on display at the Agency meeting of December 1, 1998. The applicant's 25,000 sq. ft. building will be rectangular in shape with the entryway facing east toward the parking lot. The building is located near the Santa Anita right-of- way to make the setback compatible with other buildings along this street. At the Santa Anita/Santa Clara Street corner, the applicant will construct a 16 foot x 16 foot glass opening behind which will be a climbing wall, lighted at night. The exterior walls will be varied, of both textured and smooth concrete, gray in color with two (2) natural wood /9P/'ru 1 4k/9%'G I,. , • • R.E.I. Staff Report Page Two 12/01/98 trellises along the Santa Anita frontage and one (1) on the Santa Clara facade. Landscaping along these walls will consist of boulders, grass, flowers, pine and similar trees. The R.E.I. logo and sales departments will be displayed on the Santa Anita and Santa Clara facades. The loading dock ramp and refuse enclosure will be located on the north side of the building. Both the loading dock ramp and refuse enclosure will be screened with landscaping. The eastern facade will have a large natural wood frame with an accented triangular metal roof above. The entryway will be framed, with heavy mature landscaping indigenous to this area and drought resistant (shrubs, grass, flowers, pine trees). Traffic access to the site will be available from Santa Anita, Santa Clara and St. Joseph. Trees (36 inch box Coast Live Oaks) will be planted throughout the parking area between spaces and on the median planter islands. In total, the applicant will be planting sixty- - ' one (61) 36 inch box trees on the site. The second building on the northern part of the site will be designed and constructed to be compatible with the R.E.I. building. R.E.I. will plant and maintain grass on the vacant parcel until the development occurs. This building will be subject to design review by the City and the Agency at a later date. The following are recommended as conditions of approval: (These are identical to the suggested conditions approved by the Agency on November 3, 1998) 1. The second building and its landscaping treatment shall be designed and • constructed with materials compatible in design and style to the R.E.I. building, subject to prior written approval of the Agency and City. 2. R.E.I. shall plant and maintain grass or an approved substitute in the vacant parcel, if more than one (1) month passes prior to commencement of construction of the second building 3. The applicant shall dedicate a three (3) foot section along Santa Anita Avenue and Santa Clara Street to the City for a public right-of-way 4. The applicant shall construct new 25 foot radius cuts at Santa Anita/St. Joseph and Santa Anita/Santa Clara, necessitating relocation of storm drains 5. The applicant shall relocate the traffic signal at the northeast corner of Santa Anita and Santa Clara as a result of the construction of the new 25 foot radius cut 6. The building design, colors and materials shall conform to the exhibits (renderings, color and materials board) as presented to the Agency Board R.E.I. Staff Report Page Three Dec. 1, 1998 LANDSCAPING EASEMENT FOR R.E.I. In order to better accommodate the development, R.E.I. has requested that the City consider the granting of a two (2) foot landscape easement onto the public right-of-way on St. Joseph and Front Streets. Both streets have a ten (10) foot sidewalk. Since only eight (8) feet is needed for street trees, fire hydrants, pedestrians and handicapped accessibility, two (2) feet can be made available for development use by REI: Initially, the City could approve an encroachment permit for landscaping. REI may however request that the City remove the public easement over this 2 foot strip. The cost of this would be paid by REI. Staff supports R.E.I.'s request since it will permit better utilization of the site for parking and landscaping. OWNER PARTICIPATION AGREEMENT City policy requires that R.E.I. dedicate three (3) feet of land along both Santa Anita Avenue and Santa Clara Street for widening the public sidewalk. Additionally, the City requires the widening of the corner radius at both Santa Anita/Santa Clara and Santa Anita/St. Joseph. This in turn requires the relocation of the traffic signal pole and storm drain catch basin at Santa Anita/Santa Clara. These collective dedications amount to an estimated $40,000 of additional cost to R.E.I. This company also requested assistance with the estimated $45,000 to $65,000 cost of removing asbestos from the existing buildings. After negotiation, staff and R.E.I. have tentatively agreed to a payment of$20,000 of assistance for asbestos removal. In total, the Agency would provide $60,000 to R.E.I. after completion of construction. An Owner Participation Agreement (OPA) has been prepared by Agency Special Counsel incorporating the above payment. R.E.I. has executed the OPA (Attachment 3). ENVIRONMENTAL An environmental assessment has been made of the proposed project and a Negative Declaration has been prepared as part of the Agency's design review process (Attachment 2). FISCAL IMPACT The Agency will pay to R.E.I. an amount of $60,000 from unprogrammed funds after completion of construction. The Agency's consultant, HdL Coren & Cone estimates that R.E.I. alone could generate from $50,000 to $95,000 in annual sales tax to the City. Agency staff estimate that the R.E.I. Staff Report Page Four Dec. 1, 1998 Agency will receive about $30,000 to $40,000 in annual tax increment from the project. In total, the $60,000 investment in the R.E.I. project will be repaid within one (1) year based on these two (2) sources of revenue. RECOMMENDATION REDEVELOPMENT AGENCY IT IS RECOMMENDED THAT THE ARCADIA REDEVELOPMENT AGENCY: 1. APPROVE THE NEGATIVE DECLARATION FOR THE PROJECT AT 214 N. SANTA ANITA, ARCADIA (ATTACHMENT 2). 2. APPROVE THE FINAL DESIGN REVIEW FOR THIS PROJECT AS SHOWN ON ATTACHMENT 1 (SUBJECT TO THE CONDITIONS LISTED ABOVE.) 3. APPROVE THE OWNER PARTICIPATION AGREEMENT (ATTACHMENT 3), SUBJECT TO APPROVAL AS TO FORM BY THE AGENCY ATTORNEY, AND AUTHORIZE THE EXECUTIVE DIRECTOR TO IMPLEMENT THE AGREEMENT. 4. APPROPRIATE $60,000 FROM UNPROGRAMMED FUNDS IN ORDER TO PAY $60,000 TO R.E.I., INC. FOR A PORTION OF THEIR DEVELOPMENT COSTS. CITY COUNCIL - IT IS RECOMMENDED THAT THE CITY COUNCIL APPROVE AND AUTHORIZE A TWO (2) FOOT LANDSCAPE ENCROACHMENT EASEMENT INTO THE PUBLIC RIGHT-OF-WAY OR ALTERNATIVELY, UPON THE REQUEST AND AT THE COST OF REI, REMOVE 2 FEET OF THE PUBLIC EASEMENT ON ST. JOSEPH AND FIRST STREETS TO R.E.I., INC. Approved By: AtinA William R. Kelly, City Manager/Executive Director Attachments: 1) Project Site Plans/Elevations 2) Negative Declaration 3) Owner Participation Agreement — - M LANDSCAPE CNMACTF,q•RE7CN • 9 T. JOSEPH 9 T R E G 7 rr• -•..rwr•.r.......w O... r�j�}.� ' u . I.11•I I 1 I I : III . I� :i tf•' ' 0.•.-.[e. .•..v 1 list • fr _h., e ...,.4„, . . P. Aii rip4N,_......... MAE TENANT ��, � { I o anmr nuw.r.r..r..(, '-.. 7..ii',.,,,,,.i.ri,..:il.;,., -. CONIFER GUYING DI[7AN. A 1 ._ -- ` /� •.0- ,. 4, �" - • III 'NI IIII NSF : ''VIs.. �' its l� I...I I Imo. I I 'r w ._�,�; ss OPLAMTNG DETAIL ee 0' =010 ...0..C,..a.... `\ \40/ 1, I 1 0/ M.e..� ._ HEE............m..... ....-..ro.t,.. i. -� °• =TM!le ,... 1 ruu sn a..n e.w.�.e..n..e.r '41 :. ,L �r..o � — .... .� ,EP:.a, ltr .....r., ...0 0�111 I \\ .e. ..gym. •--r—�- 1/1114. Si i! micv Wlif EE PLAM71NG DETAIL "°—'".�•°1 .�•P, a u�l lit vcny j I'r'e;i"RI p. :I:Ii;;}'{'?7,► Ob.s ' •L 'iS °iQJ' �}y� 141•.••••.;• �,� 1' _ •�1 �O. J�it.:9i?!!�. 7 _ .. af�iifa IiDdE'1r.EM-: 1.r , 1 , ■MIl ilalP 'iik VII 11011110.Al•1IIM C••••• e.,....e...aa 0••••• _w0.••••• ..�...m��'""�`•11Q"" SANTA GLARA STREET ` LJ r-- 6?••... 10 r PLANT LEGEND LANDSCAPE AMA CALCULATIONS THE RU EXPERIENCE GENERAL NOTES ....�� ' r»• an. v?N M.w S/4314.0116441 on ./^r/..�..n.I.o•.q "•N u.�i�s`•a.0•,.n,.r w. •L...00#r w.. rw M P.I O.��a.liY.w.rl..v� �� ^ —l^ �. .ex..�.r�w•o. r•.w a.+.o.....w...rs..r..•w •u....ew wrar.u.ww.:IVY•••••••01 w....w r... ` • 1.1.000•111404,114;y.a... �:� r.ernn•w•.•w.a.wero.a, w. ....e..M�...°w�,.°.v..s. �"'� em...w••••••••w...• FOR PORN V1`./T-- ..e..N.u..orr u..e. ..v..e..e..•••WM.....w e."°"'w.w. ° `d mammy a. ONLY ww„�N = �®•r —Y o Me...w..� '� •e•a..C.•.•.....rW Y. OLD•• •Y./•••MCC NIAVOI MOM.. a•rd aM'TI� 7.0—�� CILMIMMM.,M•WM IMO MreSMAMMA ..a HYDNOZONEE Rm..ro a..ro'...��..... "a....ri.�...."."".+,.o •.�..r�.mwo'N'°.�.�'°'....m.o oo.IN .....w.o.o. ••UM F-1 .....a••••e..•a u•..w :°`.o. ••••• .. w...w.. •�e.a w.rr..w•o.a wo.v... �/,•�/= tv�..u.r�.Ti\C�r Ma N.Mr\�1 W• WS fPwK m�.�..Mr•••ie VP• i�� bs"�e..CO"• M.A.. � •me ..ea a a_+veMILO wn•...e.rn r..WwY..00.i.lti4 •••MUriM.iw.uf•.m. b •...�fM.e.w,.wr..o Cw,l..V•�..q • 0= ►V•wyML•i Y•MIJ ••.Yq �4•L ... mr 5raa v w © w .. WMTMI-- L-1 0 T.• • 0 U(a-7f REI ARCADIA PROJECT DESIGN NARRATIVE REI (recreational equipment, Inc.) proposes to construct a 24,300 square foot retail store on the corner of Santa Anita Avenue and Santa Clara Street in Arcadia California. The retail outlet will sell hard goods and clothing for outdoor sporting activities to include Camping, Cycling, Paddling, Climbing and Skiing among others. A major feature of the project will be a 19' high climbing wall to be located at the Southwest Corner of the building. It will be visible from the main routes of vehicular traffic to and from the site. The building will be located with 10 feet from the property lines on both Santa Anita Avenue and Santa Clara Street. >Landscaping will be planted along both street fronts and will include berms, boulders and trellis elements made of glu- lam beams and dimensional lumber with exposed steel connections. The building walls will be concrete panels with textured features simulating board formed casting methods. The entry canopy which faces the parking on the East of the building is a dynamic feature with glu-lam columns and beams with exposed metal fasteners supporting a standing seam metal roof.' Thematically, the building is a representation of"honest use of materials"with elements utilized in their natural state including wood concrete and steel._ The building has been sited to address the "urban edges" of the main streets it borders which will create a pedestrian friendly sidewalk experience. Every effort has been made to utilize landscaping to screen all utility elements including the loading dock and electrical transformer. A future tenant site is located on the Northwest corner of the site and per the City of Arcadia's request will be of a'compatible design with the REI store. RECEIVED OCT 1 6 1958 Development Services iL/G-Q0/ • J-v Ma V\ T4411 (Mi i ) P."7,17a, 4-1 I I.i 1 Iti— grEin■ 170 0' 0111A M.1"10111Zi till ti:1 Ilirrari‘ ' n . il , icialomunnom Vali 1 14.111,;, riv,411709,0. Nkt--aberia.fe (6,-;._ ..441:11.10111111111111111■PV-Vh 244-4 /L3 kiiiiiihr-ale.i." ttii, Ism= Sirliintorrim-- --was ii 16_4. 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WIPENGP FLAN VI�W r e e oc�IN V-0« /0/7.7/978 g6/c-e/e/ . • 9 S. 4E1110 ..lad • Man iks. 1N07 N i n �� u,_...■ ■■ __ , II:: tee :r .I 147;1 , - - , Op... .ill./11111 ir ;,'__ (. II"' , .4. , r-Arti_ _ANIVA. ---•....---. .4at C ) Ill.p1=144 I - -70--- ,...,,_,. w, .,.. . _1,,,ziargo..4-ero_o_ris. i..grar9,..o„,-1....F.,,,, Ifi,„4,.„1, 9_ ;0 0,4,4 ..),,,, ... „am_ -- ■P'-� . . _.. . I■ ,. , . !IMO A., ---. _ ...,,,,,,,,..,- \ ./.. , \ NU-Ut 1. X1/4 NQ i1_N74/ti ao7�J ( 'jS (' Y NoLLsdn\ 1zIoN ` r jZ 7777: :--- I/1,%///%:i .`- .' .'`s Fi�,_ -' ).4∎V.:.4 4Jj1!r i ' rj--,..,,,, ,i. ) .; . . ,, , \._ / ) File No.: REI Project %,; 7, CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007 RPOgATFO" CALIFORNIA ENVIRONMENTAL QUALITY ACT NEGATIVE DECLARATION A. Title and Description of Project: Design review of a 25,000 sq. ft. retail building and related parking and landscaping and Redevelopment Agency approval of an Owner Participation Agreement (OPA)for said project for public improvements and removal of asbestos and hazardous building materials. B. Location of Project: 214 North Santa Anita Avenue, Arcadia, CA C. Name of Applicant or Sponsor: Arcadia Redevelopment Agency 240 West Huntington Drive Arcadia, CA 91007 (626) 574-5408 D. Finding: This project will have no significant effect upon the environment within the meaning of the California Environmental Quality Act of 1970 for the reasons set forth in the attached Initial Study. E. Mitigation measures,if any,included in the project to avoid potentially significant effects: No impact Date Prepared: October 30, 1998 By: Peter . Kinnahan, Economic Development Administrator ATTACHMENT 2 . TIT of File No.: REI Project it ;' g. AD A el CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ,McO\I^TE°'Qom ARCADIA,CA 91007 CALIFORNIA ENVIRONMENTAL QUALITY ACT ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Design review of a 25,000 sq. ft. retail building and related parking and landscaping; and Agency approval of an OPA (Owner Participation Agreement)for said project for public improvements and removal of asbestos and hazardous building materials. 2. Project Address: 214 North Santa Anita Avenue, Arcadia, CA 3. Project Sponsor's Name,Address & Telephone Number: Arcadia Redevelopment Agency 240 West Huntington Drive Arcadia, CA 91007 ATTN: Peter P. Kinnahan, Economic Development Administrator (626) 574-5408 4. Lead Agency Name &Address: City of Arcadia Redevelopment Agency 240 W. Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 5. Lead Agency Contact Person & Telephone Number: Peter P. Kinnahan, Economic Development Administrator (626) 574-5408 6. General Plan Designation: Commercial 7. Zoning Classification: C-2 H4 (General Commercial with a high rise overlay) -1- CEQA Checklist 7/95 r. � Pile No.: REI Project 8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the project and any secondary, support,or off-site features necessary for its implementation. Attach additional sheets if necessary.) The Redevelopment Agency is entering into an OPA (Owner Participation Agreement) with REI for public improvements and removal of asbestos and hazardous materials for the construction of a 25,000 sq.ft. retail building. In addition the Redevelopment Agency will be reviewing the plans for architectural design review 9. Other public agencies whose approval is required: None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a"Potentially Significant Impact" as indicated by the checklist on the following pages. [ ] Land Use&Planning [ ] Hazards [ ] Population&Housing [ ] Noise [ ] Geological Problems [ ] Public Services [ ] Water [ ] Utilities and Service Systems [ ] Air Quality [ ] Aesthetics [ ] Transportation/Circulation [ ] Cultural Resources [ ] Biological Resources [ ] Resources [ ] Energy and Mineral Resources [ ] Mandatory Finding of Significance DETERMINATION (To be completed by the Lead Agency) - On the basis of this initial evaluation: [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [ ] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. -2- CEQA Checklist 7/95 File No.: REI Project [ ] I find that the proposed project MAY have a significant effect on the environment, but that at least one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards and has been addressed by mitigation measures based on that earlier analysis as described on attached sheets, and if any remaining effect is a"Potentially Significant Impact" or "Potentially Significant Unless Mitigated," an ENVIRONMENTAL IMPACT REPORT is required, but it only needs to analyze the effects that have not yet been addressed. [ ] I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects have been analyzed adequately in an earlier Environmental Impact Report pursuant to applicable standards and have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. By: Peter P. Kinnahan,Economic Development Administrator For: The City of Arcadia—Redevelopment Agency Date: October 30, 1998 Signature EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except"No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A"No Impact"answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects such as the one involved(e.g.,the project is not within a fault rupture zone). A"No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g.,the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 2. All answers must take account of the whole action involved,including off-site as well as on-site,cumulative as well as project-level,indirect as well as direct,and construction related as well as operational impacts. 3. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more, "Potentially Significant Impact" entries when the determination is made, an Environmental Impact Report is required. 4. "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level(mitigation measures from Section 17"Earlier Analyses"may be cross-referenced). -3- CEQA Checklist 7/95 Pile No.: REI Project 5. Earlier analyses may be used where, pursuant to the tiering, program Environmental Impact Report, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or Negative Declaration {Section 15063(c)(3)(D)}. Earlier analyses are discussed in Section 17 at the end of the checklist. 6. Lead agencies are encouraged to incorporate into the checklist, references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should,where appropriate,include a reference to the page or pages where the statement is substantiated. -4- CEQA Checklist 7/95 File No.: REI Project Potentially Significant Potentially Unless Less Than Would the proposal result in potential impacts involving: Significant Mitigation Significant No Impact Incorporated Impact Impact 1. LAND USE &PLANNING-- Would the proposal: a) Conflict with general plan designations or zoning? [ ] [ ] [ ] [X] The proposed design of the 25,000 sq.ft. retail building and the OPA agreement are consistent with the goals and policies set forth in the General Plan b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? [ ] [ ] [ ] [X] The proposed retail project and OPA agreement is not subject to other environmental plans or policies by other agencies c) Be compatible with existing land uses in the vicinity? [ ] [ ] [ ] [X The retail building is compatible with the surrounding development that is predominantly retail and light industrial. d) Affect agricultural resources or operations (e.g., impacts to soils or farmlands, or impacts from incompatible land uses)? [ ] [ ] [ ] [X] There are no agricultural resources or operations in the area. e) Disrupt or divide the physical arrangement of an established community(including a low-income or minority community)? [ ] [ ] [ ] [X] The design review and OPA will not affect the physical arrangement of the community. 2. POPULATION&HOUSING--Would the proposal: a) Cumulatively exceed official regional or local population projections? [ ] [ ] [ ] [X] Construction of a retail building will not affect local population projects. b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? [ ] [ ] [ ] [A7 There will be no growth impacts as a result of the 25,000 sq. ft. retail building. Off-site improvements will enhance service to the site, but are not major extensions of existing systems. c) Displace existing housing,especially affordable housing? [ ] [ ] [ ] [X] The site is developed with a vacant lumber yards, there is no housing on this site. 3. GEOLOGIC PROBLEMS--Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? [ ] [ ] [ ] [X] This area is not within a special studies zone and any project must comply with seismic standards. b) Seismic ground shaking? [ ] [ ] [ ] [X] All construction must comply with State and Local seismic requirements. c) Seismic ground failure, including liquefaction? [ ] [ ] [ ] [X] Based upon recent State studies, this area is not within an area subject to liquefaction or within a special studies zone d) Landslides or mudflows? [ ] [ ] [ ] [X] -5- CEQA Checklist 7/95 File No.: REI Project - Potentially Significant Potentially Unless Less Than Would the proposal result in potential impacts involving: Significant Mitigation Significant No Impact Incorporated Impact Impact Based upon recent State studies, this area is not within an area subject to liquefaction, landslides or within a special studies zone e) Erosion, changes in topography or unstable soil conditions from excavation,grading,or fill? [ ] [ l [ ] [Al The site is flat and new construction must comply with both State and local requirements regarding grading, soil preparation, etc. f) Subsidence of the land? [ ] [ l [ ] [X] Based on State maps, this area is not subject to subsidence. g) Expansive soils? [ ] [ ] [ ] [X] There are no known expansive soil problems in this areas h) Unique geologic or physical features? [ ] [ ] [ ] [X] The site is a flat parcel of land, most of which is currently paved or covered with buildings. 4. WATER--Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff? [ l [ ] [ ] [X] Because the site is already predominantly paved or covered with buildings, there will be no change in absorption rates. Drainage has been designed to comply with City standards and subject to good drainage practices. b) Exposure of people or property to water related hazards such as flooding? [ ] [ ] [ ] [Al The site is not within a flood zone and construction of a new building will not create any water hazards. c) Discharge into surface waters or other alteration of surface water quality(e.g.,temperature,dissolved oxygen„or turbidity)? [ ] [ ] [ ] [Al All surface water discharge will comply with NPDES standards. There will be no alteration of the quality and quantity of surface runoff d) Changes in the amount of surface water in any water body? [ ] [ ] [ ] [Al The site is not near a water body and will not affect surface waters. e) Changes in currents,or the course or direction of water movements? [ ] [ ] [ ] [Al The property is currently vacant and is near a body of water that would be affected by development of this site. f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of any aquifer by cuts or excavations or through substantial loss of ground water recharge capability? [ ] [ ] [ ] [Al The proposed development is less intense than the previous use of the site and development will not affect quantity of groundwater either directly or indirectly. g) Altered direction or rate of flow of ground water? [ ] [ ] [ ] [A'] There will be no affect on ground. h) Impacts to ground water quality? [ ] [ ] [ ] [Al -6- CEQA Checklist 7/95 Pile No.: REI Project Potentially Significant Potentially Unless Less Than Would the proposal result in potential impacts involving: Significant Mitigation Significant No Impact Incorporated Impact Impact The proposal will not affect the flow of ground waters i) Substantial reduction in the amount of ground water otherwise available for public water supplies? [ ] [ ] [ ] [X] The proposal will not affect ground waters 5. AIR QUALITY--Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? [ ] [ ] [ ] [X] Development of the site will not violate air quality standards. The proposed project is less intense than the previous use of the site. b) Expose sensitive receptors to pollutants? [ ] [ ] [ ] [X] There are no sensitive receptors in this area and construction of a 25,000 sq.ft. retail building will not cause a significant increase in pollutants within the area. c) Alter air movement,moisture,or temp.or cause any change in climate? [ ] [ ] [ ] [X] The proposal will not have any such affects. d) Create objectionable odors? [ ] [ ] [ ] [X] The retail building will not cause any objectionable odors. 6. TRANSPORTATION& CIRCULATION— Would the proposal result in: a) Increased vehicle trips or traffic congestion? [ ] [ ] [ ] [X] There may be an increase in traffic to this site as a result of the retail building. However, the EIR for the General Plan update prepared in 1996 anticipated additional traffic at this site based upon the most intense development which would allow a maximum building height of four stories and building size of approximately 40,000 sq.ft.plus. b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections)or incompatible uses(e.g.,farm equipment)? [ ] [ ] [ ] [X] The building has been designed to be compatible with setbacks of other buildings in the area and there are no design features that would create a safety issue. c) Inadequate emergency access or access to nearby uses? [ ] [ ] [ ] [X] The layout of the project provides for adequate emergency access as well as access to adjoining uses to the east. d) Insufcient parking capacity on-site or off-site? [ ] [ ] [ ] [X] Parking complies with code. e) Hazards or barriers for pedestrians or bicyclists? [ ] [ ] [ ] [X] The project has been designed to provide for greater sidewalk widths along both Santa Anita Avenue and Santa Clara Street. This will be a positive improvement for pedestrians and cyclists. f) Conflicts with adopted policies supporting alternative transportation (e.g.,bus turnouts,bicycle racks)? [ ] [ ] [ ] [X] The project design will not conflict with City transportation policies. -7- CEQA Checklist 7/95 Pile No.: REI Project Potentially Significant Potentially Unless Less Than Would the proposal result in potential impacts involving: Significant Mitigation Significant No Impact Incorporated Impact Impact g) Rail,waterborne or air traffic impacts? [ ] [ ] [ ] [A] There are no waterborne or airplane facilities or operations in the area. 7. BIOLOGICAL RESOURCES--Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants,fish, insects,animals and birds)? [ ] [ ] [ ] [X] There are no endangered or rare species or habitats on this site. b) Locally designated species(e.g.,heritage trees)? [ ] [ ] [ ] [X] The site is a vacant lot with buildings—there are no heritage trees or species on the site. c) Locally designated natural communities (e.g., oak forest, coastal habitat,etc.)? [ ] [ ] [ ] [X] The site is a vacant lot with buildings—there are no heritage trees or species on the site. d) Wetland habitat(e.g.,marsh,riparian and vemal pool)? [ ] [ ] [ ] [X] The site is not within any designated wetlands e) Wildlife dispersal or migration corridors? [ ] [ ] [ ] [X] The site is entirely urbanized 8. ENERGY&MINERAL RESOURCES—Would the proposal: a) Conflict with adopted energy conservation plans? [ ] [ ] [ ] [X] The building must comply with State and local energy conservation regulations b) Use non-renewable resources in a wasteful and inefficient [ ] [ ] [ ] [X] The proposal will not have any such impacts - c) Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? [ ] [ ] [ ] [X] There are no known mineral resources at this site 9. HAZARDS—Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to: oil, pesticides, chemicals or radiation)? [ ] [ ] [ ] [X] The construction of a retail building should not create any hazardous conditions on the property. b) Possible interference with an emergency response plan or emergency evacuation plan? [ ] [ ] [ ] [A'] No interference exists. This area is not within the City's emergency response plan or evacuation plan. c) The creation of any health hazard or potential health hazard? [ ] [ ] [ ] [X] Construction of a retail building does not pose any health hazard d) Exposure of people to existing sources of potential health hazards? [ ] [ ] [ ] [X] -8- CEQA Checklist 7/95 • File No.: REI Project Potentially Significant Potentially Unless Less Than Would the proposal result in potential impacts involving: Significant Mitigation Significant No Impact incorporated Impact Impact There are no existing health hazards on the site e) Increased fire hazard in areas with flammable brush,grass or trees? [ ] [ ] [ ] [X] This is a vacant parcel 10. NOISE--Would the proposal result in: a) Increases in existing noise levels? [ ] [ ] [ ] [X] The construction of a retail building will result in some short-term increases in the existing noise levels. However, the area is surrounded by commercial uses and noise levels will be associated with daytime construction activity. b) Exposure of people to severe noise levels? [ ] [ ] [ ] [X] The ultimate use of this site as a retail building will not expose people to severe noise levels. 11. PUBLIC SERVICES -- Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? [ ] [ ] [ ] [X] Based upon input from the Fire Department, there will be no affect upon existing fire protection services. b) Police protection? [ ] [ ] [ ] [X] Based upon input from the Police Department, there will be no impact upon existing Police services. c) Schools? [ ] [ ] [ ] [X] The construction of a retail building will not affect the schools d) Maintenance of public facilities,including roads? [ ] [ ] [ ] [X] The site is a commercial site and designated as commercial on the - general plan. There should be no impact, not anticipated as a result of the construction of a retail building at this site. e) Other governmental services? [ ] [ ] [ ] [X] No impact 12. UTILITIES & SERVICE SYSTEMS—Would the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? [ ] [ ] [ ] [X] The project will not require any additional natural gas services. b) Communications systems? [ ] [ ] [ ] [X] The proposal will not have any impacts or result in an increased need for communication systems. c) Local or regional water treatment or distribution facilities? [ ] [ ] [ ] [X] The proposal will not have any impacts d) Sewer or septic tanks? [ ] [ ] [ ] [X] The proposal will utilize the City's existing sewer system. e) Storm water drainage? [ ] [ ] [ ] [X] The proposal project will comply w/NPDES requirements -9- CEQA Checklist 7/95 ("Th �I ) File No.: REI Project Potentially Significant Potentially Unless Less Than Would the proposal result in potential impacts involving: Significant Mitigation Significant No Impact Incorporated Impact Impact f) Solid waste disposal? [ l [ l [ l [X] The proposal will meet all City requirements. No additional services are required g) Local or regional water supplies? [ ] [ ] [ ] [X] The proposal will not have any impacts on existing water supplies. 13. AESTHETICS—Would the proposal: a) Affect a scenic vista or scenic highway? [ ] [ ] [ ] [X] The proposed project is a single story building and does not affect any existing scenic vistas. b) Have a demonstrable negative aesthetics effect? [ ] [ ] [ ] [X] The proposal will not have any negative aesthetic effect and will in fact clean-up a property that has been vacant for at least four years. c) Create light or glare? [ ] [ ] [ ] [X] New lighting will be incorporated into the parking lot; however, all lighting must comply with the City's lighting standards. 14. CULTURAL RESOURCES--Would the proposal: a) Disturb paleontological resources? [ ] [ ] [ ] [X] The site is currently vacant with vacant buildings; no paleontological resources have been identified in this area. b) Disturb archaeological resources? [ ] [ ] [ ] [X] No archaeological resources have ever been identified in this area. c) Affect historical resources? [ ] [ ] [ ] [A'] No historic resources have been identified in this area. - d) Have the potential to cause a physical change that would affect unique ethnic cultural values? [ ] [ ] [ l [X] There will be no physical change to the site that would affect any cultural values typical to the Arcadia area. e) Restrict existing religious or sacred uses within the potential impact area? [ l [ l [ There are no religious or sacred uses within close proximity to this site. 15. RECREATION—Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? [ ] [ ] [ l [A] The proposal is for a 25,000 sq.ft. retail building. This will not increase the demand for City or regional parks. b) Affect existing recreational opportunities? [ ] [ ] [ ] [A'] The site is currently vacant developed with vacant buildings and designated commercial on the general plan and zoning. There are no recreational opportunities identified in this area. -10- CEQA Checklist 7/95 File No.: REI Project Potentially Significant Potentially Unless Less Than Would the proposal result in potential impacts involving: Significant Mitigation Significant No Impact Incorporated Impact Impact 16. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? [ ] [ ] [ ] [X] The construction of the retail building is consistent with the General Plan and Zoning of the area as well as the City's Redevelopment Plan. b) Does the project have the potential to achieve short-term, to the disadvantage of long-term,environmental goals? [ ] [ ] [ ] [X] There may be some short term impacts as a result of construction, however, these impacts are mitigated by both City standards and they are short-term and not significant in nature. c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects,and the effects of probable future project.) [ ] [ ] [ ] [X] Based on a project-specific screening analysis, the proposal will not have any such impacts. d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? [ ] [ ] [ ] [X] This is a commercial site and based upon the proposal, there will not be any adverse impacts on humans beings, either directly or indirectly. 17. EARLIER ANALYSES GP EIR, 1996 -11- CEQA Checklist 7/95 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: The Arcadia Redevelopment Agency Attn: Executive Director • P.O. Box 60021 Arcadia, CA 91066-6021 - Exempt from Recording Fee per Government Code § 6103 (Space above for Recorder's Use) R.E.I. OWNER PARTICIPATION AGREEMENT between THE ARCADIA REDEVELOPMENT AGENCY a California public agency and RECREATIONAL EQUIPMENT, INC. a Washington corporation [Dated December 1, 1998 for reference purposes only] RECEIVED NOV 1 6 1998 Development Services Economic Development Division RVPUIMMY\53133 ATTACHMENT 3 � J ARTICLE 1. EFFECTIVE DATE AND PARTIES 1.1 Effective Date of Agreement. This Agreement is dated December 1, 1998, for reference purposes only. This Agreement will not become effective until the date ("Effective Date") on which it has been(i) approved by the Agency's governing board; (ii) executed by the appropriate authorities of the Agency and the Owner. 1.2 Parties to Agreement 1.2.1 The Agency. The address of the Agency is P.O. Box 60021, Arcadia, California 91066-6021, Attention: Executive Director; telephone (626) 574-5408; facsimile (626) 447-3309. "Agency", as used in this Agreement, means the Arcadia Redevelopment Agency and any assignee of or successor to its rights, powers and responsibilities. Agency represents and warrants to Owner that, as to the Agency's actual current knowledge: (i) The Agency is a public body, corporate and politic, exercising governmental functions and powers and organized and existing under the Community Redevelopment Law(Health and Safety Code Section 33000 et seq.) ("CRL") of the State of California; (ii) The individual executing this Agreement is authorized to execute this Agreement on behalf of the Agency; (iii) The Agency has taken all actions required by law to approve the execution of this Agreement; (iv) The Agency's entry into this Agreement and/or the performance of the Agency's obligations hereunder does not violate any contract, agreement, or other legal obligation of the Agency; (v) The Agency's entry into this Agreement and/or the performance of the Agency's obligations hereunder does not constitute a violation of any state or federal statute or judicial decision to which the Agency is subject; RVPUB\SMY\53133 -1- • i (vi) There are no pending lawsuits or other actions or proceedings which would prevent or impair the timely performance of the Agency's obligations under this Agreement; and (viii) The Agency has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Agreement have been duly authorized and no other action by Agency is requisite to the valid and binding execution, delivery and performance of this Agreement, except as otherwise expressly set forth herein; and As used in this Agreement,the term"Agency's actual current knowledge" shall mean, and shall be limited to, the actual current knowledge of William Kelly, the Agency's Executive Director,Don Penman,Deputy City Manager/Development Services Director, and Peter P. Kinnahan, the City's Economic Development Administrator. 1.2.2 The Owner. The Owner is Recreational Equipment, Inc., a Washington corporation. The address'of the Owner for purposes of this Agreement is 6750 228th Street, Kent, Washington 98032; telephone (253) 395-3780; facsimile (253) 395-4756. Owner represents and warrants to Agency that, as to the Owner's actual current knowledge: (i) The Owner is a duly formed Washington corporation, qualified and admitted to do business in the State of California; (ii) The individual(s) executing this Agreement is/are authorized to execute this Agreement on behalf of the Owner; • (iii) The Owner has taken all actions required by law to approve the execution of this Agreement; (iv) The Owner's entry into this Agreement and/or the performance of the Owner's obligations hereunder does not violate any contract, agreement, or other legal obligation of the Owner; (v) The Owner's entry into this Agreement and/or the performance of the Owner's obligations hereunder does not constitute a violation of any RVPUB\SMY\53133 -2- • • state or federal statute or judicial decision to which the Owner is subject; (vi) There are no pending lawsuits or other actions or proceedings which would prevent or impair the timely performance of the Owner's obligations under this Agreement; (vii) The Owner has the legal right, power and authority to enter into this Agreement and to consummate the transactions contemplated hereby, and the execution, delivery and performance of this Agreement have been duly authorized and no other action by Owner is requisite to the valid and binding execution, delivery and performance of this Agreement, except as otherwise expressly set-forth herein; (viii) The Owner and its managerial personnel possess sufficient experience and qualifications necessary to open and operate the Development (hereinafter defined) as required by this Agreement; and (ix) The Owner possesses sufficient funds and other capital necessary to fully carry out and complete each and every one of the Owner's obligations under this Agreement. As used in this Agreement,the term"Owner's actual current knowledge" shall mean, and shall be limited to, the actual current knowledge of Wally Smith, President/CEO, and Suzanne DuRard, Esq. All of the terms, covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the Owner and its permitted nominees, successors and assigns. Wherever the term "Owner" is used herein, such term shall include any permitted nominee, assignee or successor of the Owner. The qualifications and identity of the Owner are of particular concern to the Agency, and it is because of such qualifications and identity that the Agency has entered into this Agreement with the Owner. No voluntary or involuntary successor-in-interest of the Owner shall acquire any rights or powers under this Agreement except as expressly set forth herein. The Owner may not RVPUB\SMY\53133 -3- assign or transfer all or any part of this Agreement or the Property without the prior written approval of the Agency, which may be given or withheld as provided in Section 4.12.'-' ARTICLE 2. RECITALS ABOUT THE PLAN AND PROJECT 2.1 The Redevelopment Plan and Project Area. The City Council of the City of Arcadia ("City") has approved and adopted a redevelopment plan ("Redevelopment Plan") for a redevelopment project area known as the Central Redevelopment Project Area ("Project Area")by its adoption of Ordinance No. 1490, as last amended on November 1, 1994. This Agreement is subject to the provisions of the Redevelopment Plan as it now exists and as it may be subsequently amended. The Redevelopment Plan is incorporated by this reference. The Project Area is located in the City of Arcadia, California; its boundaries are specifically described in the Redevelopment Plan. 2.2 Purpose of this Agreement. This Agreement implements the Redevelopment Plan for the Project Area by providing for the construction and operation of an approximately 23,000 square foot first class single story commercial retail facility ("Development") on certain real property ("Property") located within the Project Area and more particularly described in Article 3. The Development is more specifically described in the Scope of Development (Exhibit B). The construction and operation of the Development pursuant to this Agreement is in the best interests of the City and Agency and the health, safety, morals and welfare of its taxpayers and residents and is in accordance with public purposes set forth in federal, state and local law and regulation. Implementation of this Agreement will further the goals and objectives of the Redevelopment Plan and the City's General Plan by strengthening the City's land use and social • structure and by alleviating economic and physical blight within the Project Area.' The actions to be undertaken pursuant to this Agreement are consistent with the Implementation Plan adopted by the Agency pursuant to CRL Section 33490. 1-' All section references shall be to sections of this Agreement unless otherwise stated. RVPUBISMYN53133 -4- ARTICLE 3. THE PROPERTY The Property consists of approximately 112,325 square feet, located in the City of Arcadia. The Property is legally described on the attached Exhibit A-1 and shown on the map attached as Exhibit A-2. ARTICLE 4. DEVELOPMENT OF THE PROPERTY AND INCENTIVES 4.1. Scope of Development; Schedule of Performance. The Owner shall perform its obligations with respect to the Development in accordance with the Scope of Development attached as Exhibit B and Schedule of Performance attached as Exhibit C. 4.2 Design and Development Standards. The Property shall be developed by the Owner as provided in the Scope of Development, this Agreement, and plans provided by the Owner and approved by the Agency and the City pursuant to this Agreement. 4.3 Preparation of Concept and Site Plans and Related Documents. The Owner has submitted site plans and related documents for the Development to the Agency and City. The Agency Board approved the elevations and site plan in concept on November 3, 1998, subject to final approval at a later date. The City is processing the Owner's plans for possible issuance of a building permit. The Owner shall submit such additional drawings and related documents to the Agency and City as may be reasonably requested for review and written approval prior to the time provided therefor in the Schedule of Performance. The Agency's staff and the Owner shall hold regular progress meetings to coordinate the preparation and submission to the City of elevations, site plans and related' documents. The Agency's staff and the Owner shall communicate and consult informally as frequently as is necessary to assure that the formal submittal of any documents to the City receive prompt consideration. 4.4 Agency Approval of Construction Plans, Drawings and Related Documents. Agency staff shall have the right of review and approval of all construction plans, drawings and related documents(collectively, "Plans")for the development of the Property, including any proposed RVPUB\SMY153133 -5- • )I changes thereto. Agency staff shall review and approve or disapprove such Plans and any proposed changes thereto within the time required by law. Any disapproval shall state in writing the reasons for disapproval and the changes which Agency staff requests be made. Agency staff shall approve the Plans provided that the Plans conform to this Agreement. The Owner, upon receipt of a disapproval, shall revise such plans, drawings and related documents and shall resubmit them to Agency staff within fifteen (15) days after receipt of notice of disapproval. Agency staff shall use reasonable good faith efforts to expedite the City's processing and review of the Owner's plans, in a manner consistent with statute, the City's Municipal Code and this Agreement. Any changes to the Plans required by Agency staff shall not operate to extend the time for performance of the Owner's obligations hereunder, unless such changes are necessary due to Agency staff-initiated deviations from the Scope of Development. Agency staff and the Owner shall confer in good faith regarding appropriate time extensions for Agency-initiated changes. 4.5 Construction and Development Schedule of Performance. The Owner shall begin and complete all construction and development within the times specified in the Schedule of Performance or such reasonable extension of said dates as may be granted by the Agency. In addition to extensions of time provided by express provisions of this Agreement, the Schedule of Performance may be revised from time to time as mutually agreed upon in writing between the Owner and the Agency. From time to time during the period of construction and as reasonably requested by the Agency,the Owner shall report to the Agency on the progress of construction. The reports shall be in such form and detail as may reasonably be required by the Agency and shall include construction photographs taken since the last report. • 4.6 Cost of Construction. Except as provided in Section 4.7, the costs and expenses of constructing and operating the Development, including, without limitation, constructing all required on-and off-site improvements, and providing all utilities therefor, shall be borne by the Owner at its sole cost, expense, and liability. RVPUB\SMY153133 -6- , 4.7 Agency Grant. 4.7.1 Public Infrastructure Improvements. Provided that the Owner is not in material uncured default of any term of this Agreement, within fourteen (14) days following the issuance of a final certificate of occupancy by the City for the Development, the Agency shall grant to the Owner the sum of Forty Thousand dollars ($40,000), which Owner may use for any purpose related to the construction or operation of the Development. It is the Agency's and the Owner's understanding that the Owner may use such amount to reimburse itself for the costs of public infrastructure improvements required to be constructed and/or installed as part of the Development, although the Owner is not obligated to use such grant for such purpose. 4.7.2 Asbestos Removal. Provided that the Owner is not in material uncured default of any term of this Agreement, within fourteen (14) days following the issuance of a final certificate of occupancy by the City for the Development, the Agency shall grant to the Owner the sum of Twenty Thousand Dollars ($20,000), which Owner may use for any purpose related to the construction or operation of the Development. It is the Agency's and the Owner's understanding that the Owner may use such amount to reimburse itself for the costs of any asbestos removal required in connection with construction of the Development, although the Owner is not obligated to use such grant for such purpose. 4.8 Indemnity. The Owner shall defend, indemnify and hold the Agency and the City, and their officers, directors, agents, servants, attorneys, employees and contractors harmless from and against all liability, loss, damage, costs, or expenses (including reasonable attorney's fees and court costs) arising from or as a result of the death of any person or any accident injury, loss or damage whatsoever caused to any person or to the property of any person and which shall be, or alleged to be, directly or indirectly caused by any acts done thereon or any errors or omissions of the Owner or • its officers, directors, agents, servants, attorneys, employees or contractors. The Owner shall not be responsible for (and such indemnity shall not apply to) any acts, errors or omissions directly or indirectly caused by the Agency or the City, or their respective officers, directors, agents, servants, attorneys, employees or contractors. The Agency and the City shall not be responsible for any acts, errors or omissions of any person or entity under this Agreement except the Agency and the City and their respective officers, agents, servants, employees or contractors. RVPUB\SMY153133 -7- 4.9 Insurance. Prior to the commencement of construction of the Development, the Owner shall furnish or cause to be furnished to the Agency duplicate originals and appropriate endorsements to the Owner's comprehensive general liability and automobile insurance policies in the amounts set forth below, naming the Agency and the City as additional or co-insureds: (a) $1,000,000 for any one person; and (b) $3,000,000 for any one occurrence; and (c) $1,000,000 for any property damage. The policies shall be"occurrence", not"claims made" policies and shall be primary and non- contributing to any insurance that the Agency may elect to obtain. Such policies shall contain a full waiver of subrogation clause. The policies shall be issued by a carrier admitted to do business in California,with a Best's rating of B+VII or better. Said policies shall provide that they shall not be canceled or reduced in types of coverage or amount of coverage without at least thirty (30) days prior written notice to the Agency. The policy amounts set forth above shall not limit or define the extent of the Owner's indemnity liability pursuant to Section 4.8 or any other provision of this Agreement, or arising as a matter of law or at equity. Upon Agency's request, the Owner shall also furnish or cause to be furnished to the Agency evidence satisfactory to the Agency that any contractor with whom it has contracted for the performance of work on the Development carries workers' compensation insurance as required by law. The Owner shall also maintain all-risk course of construction insurance, insuring the Owner against all risk(including earthquake) of loss or damage to the Development. The obligations set forth in this Section shall remain in effect until a Certificate of Completion has been issued for the Development. 4.10 Governmental Permits and Compliance With Laws. Before commencement of construction or development of any buildings, structures or other work of improvement upon the Property, the Owner shall, at its own expense, secure or cause to be secured any and all permits, entitlements, or other approvals which may be required by or from the City or any other governmental agency with jurisdiction over the Development. The Agency shall provide reasonable non-financial assistance to the Owner in securing these permits or approvals. The Owner shall carry out the RVPUB\SMY\53133 -8- construction of the Development in conformity with all applicable laws, including all applicable federal and state labor and safety standards. 4.11 No Discrimination. The Owner, for itself and its successors and assigns, agrees that the Owner will not discriminate against any employee or applicant for employment because of sex, marital status, race, color, religion, creed, national origin, or ancestry, and that the Owner will comply with all applicable local, state and federal fair employment laws and regulations. The Owner covenants and agrees for itself, its successors, its assigns and every successor in interest to the Property or any part thereof; that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Owner itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number,use of occupancy of tenants, lessees, subtenants, sublessee or vendees of the Property. The foregoing covenants shall run with the land and shall remain in effect in perpetuity. All deeds, leases or contracts relative to the Property or the improvements constructed thereon shall contain or be subject to substantially the following nondiscrimination or non-segregation clauses, pursuant to California Health and Safety Code Section 33435 and 33436. 4.11.1 In deeds: "The grantee herein covenants by and for himself; his heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, no shall the grantee himself or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land in perpetuity." RVPUB\SMY\53133 -9- 4.11.2 In leases: "The lessee herein covenants by and for himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted.upon the subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall the lessee himself; or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land herein leased." 4.11.3 In contracts: "There shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land,nor shall the transferee himself or any person claiming under or through him establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number,use, or occupancy of tenants, lessees subtenants, sublessees or vendees of the land." 4.12 Prohibition Against Transfer. Prior to the issuance of a Certificate of Completion (hereinafter defined) for the Development, the Owner shall not, except as permitted by this Section or Section 4.13, assign or attempt to assign this Agreement or any right or obligation herein, nor make any total or partial sale, transfer, conveyance or assignment of the Property or the improvements thereon,without prior written approval of the Agency,which may be given or withheld in the Agency's reasonable discretion. In determining whether to approve of such a partial sale, transfer, conveyance or assignment of the Property or the improvements thereon the Agency shall evaluate: (i)the financial ability of the proposed transferee to own and operate the Development and to meet the Owner's obligations under this Agreement; and (ii) the fitness and experience of the proposed transferee and its senior managerial personnel to own and operate the Development. The foregoing prohibition shall not apply to Sections 4.12.1 or 4.12.2, provided the Owner shall first notify the Agency in writing of the proposed action. The actions to which this exception applies are: RVPUB\SMY\53133 -10- • 4.12.1 The granting of easements or permits to facilitate the development of the Property; or 4.12.2 The assignment of all of the Owner's rights and obligations hereunder, or the sale, transfer or lease of the entirety of the Property and any improvements thereon to an entity formed for the purpose of constructing and operating the Development, provided that the majority voting and ownership interest in such entity is held by Owner. Any such assignment, sale, transfer or conveyance pursuant to this Section 4.12.2 shall not relieve the Owner of liability for the timely and faithful performance of any assigned obligation, absent an express agreement between the Agency, the Owner and the third party transferee to the contrary. No unpermitted sale, transfer, conveyance or assignment of all or any portion of this Agreement or the Property shall be deemed to relieve the Owner or any other party from any obligation under this Agreement, nor shall any such unpermitted sale, transfer, conveyance or assignment transfer any rights in the Property or this Agreement. 4.13 Permitted Encumbrances. Section 4.12 notwithstanding, Owner shall not, at any time prior to the recordation of a Certificate of Completion, grant or permit any mortgage, deed of trust, sale and leaseback or any other form of conveyance or encumbrance in connection with the financing and development of the Property (a "Lien") other than a Permitted Encumbrance, as hereinafter defined. For purposes hereof, a"Permitted Encumbrance"is any Lien which secures financing: (i)provided to Owner by a nationally chartered bank or any finance subsidiary thereof, an insurance company (or affiliate thereof) rated at least B+XII by A.M. Best; (ii) providing sufficient funds to permit the construction of the Development; (iii) collateralized by the Property; (iv) with respect to which the Agency receives written notice prior to the recordation of any documentation recording such Lien; and (v) with respect to which the lender agrees to give the Agency written notice concurrent with notice to Owner of any default under any of the financing documents pertaining to RVPUB\SMX153133 -11- I such Lien and the right to cure such default within any cure period afforded Owner by such lender or by law. Nothing in this Agreement shall be deemed to obligate the holder of any Permitted Encumbrance to construct the Project or to guarantee such construction. Nothing in this Agreement shall be deemed to permit or authorize any such holder to develop the Property or construct improvements thereon except in strict compliance with this Agreement. Any right, title and interest in the Property(or any portion thereof) acquired by any means by any holder of a Lien, or by such holder's assignees or successors, shall be subject to the terms and provisions of this Agreement. The word "Lien" means all customary modes of financing real estate acquisition, construction and land development. 4.14 Certificate of Completion. Upon the Owner's receipt of a final Certificate of Occupancy issued by the City for the Development, the Owner shall be entitled to receive a Certificate of Completion from the Agency, in a form reasonably acceptable to the Agency and the Owner. The Certificate of Completion shall be a conclusive determination of satisfactory completion of all of the improvements required to be completed under this Agreement for the Development. The Certificate of Completion shall be in such form as to permit it to be recorded in the Los Angeles County Recorder's Office. A Certificate of Completion will not constitute (i) evidence of compliance with or satisfaction of any financial obligation of the Owner to any holder of a mortgage or any insurer of a mortgage, or(ii) a notice of completion as referred to in California Civil Code Section 3093. 4.15 Covenants Running With the Land. 4.15.1 No Conveyance to Tax Exempt Entity. The Owner covenants and agrees for itself its assigns and all voluntary and involuntary successors in interest to the Property or any part thereof, that, during all times that the Agency is permitted to receive property tax increment from the Project Area pursuant to CRL Section 33670 (as that statute may be substituted or amended), the Property or any portion thereof may not be used, transferred, conveyed, assigned, leased, or lease-backed for any use that is partially or wholly exempt RVPUB\SMY\53133 -12- from the payment of real property taxes or which would cause the exemption of all or any portion of such real property taxes. 4.15.2 Opening and Operation Covenant. Owner covenants and agrees for itself, its successors, its assigns and all voluntary and involuntary successors in interest to the Property or any part thereof; that the Owner will construct and open the Development as required by this Agreement, and, for a period of two (2)years following the issuance of a Certificate of Completion, the Owner will continuously operate the Development as provided in this Agreement. 4.15.3 Maintenance Covenant. The Owner covenants and agrees for itself and all voluntary and involuntary successors in interest to the Property (or any part thereof), that the Owner shall maintain, or cause to be maintained, the interior • and exterior appearances of the Property and the Development in a good condition,ordinary wear and tear excepted, free from an accumulation of trash or other debris, and shall promptly remove, or cause the removal of, all graffiti placed upon the Property; the Owner shall also maintain, or cause to be maintained, the landscaping upon the Property in a good condition, and shall insure that all irrigation systems are functioning properly and that all dead or diseased landscaping material is promptly replaced. Upon breach by the Owner of the covenant set forth in this Section 4.15.3, and the Owner's failure to cure such default within thirty(30) days following written notice to the Owner, the Agency, its agents, employees and contractors shall have the right to enter upon the Property to take such actions as are necessary to cure such default on the Owner's behalf. The Owner shall reimburse Agency for all internal and third party costs and expenses incurred by the Agency with respect to such cure within ten (10) days following Agency's written demand therefor. If the Owner fails to pay within the time provided, such costs and expenses shall be a lien upon the RVPUB\SMY\53133 -1 3- • J t i • Property, as provided by California Civil Code Section 2881. The Agency may enforce and foreclose such lien in any manner legally allowed. The maintenance covenant of this Section 4.15.3 shall remain in effect for the effective life of the Redevelopment Plan, as it currently exists or as it may be amended, and shall thereafter terminate. The covenants set forth in Section 4.11 and Sections 4.15.1 through 4.15.3 touch and concern the Property, and every part thereof, and constitute covenants running with the Property and every part thereof. These covenants may be enforced by the Agency or the City(as an intended third party beneficiary), regardless of whether the Agency or the City currently or continue to own an interest in any property within the Project Area. The Owner irrevocably stipulates and agrees that breach of any of the covenants set forth in Section 4.11 or Sections 4.15.1 through 4.15.3 will result in great and irreparable damage to the Agency and the City,will violate the public policy and the purposes of the CRL, and will result in damages to the Agency and the City which are either impracticable or extremely difficult to quantify. Accordingly,upon the breach of any covenant set forth in Section 4.11 or Sections 4.15.1 through 4.15.3, the Agency may institute an action for injunctive relief and/or for damages attributable to such breach. The covenants set forth in Section 4.11 and Sections 4.15.1 through 4.15.3 constitute obligations of the owner of the Property or any portion thereof. Neither the Owner nor any voluntary or involuntary successor in interest shall have any liability under this Agreement for the breach of any of the covenants described above, if such breach occurs at any time following the Owner's or successor's cessation of ownership of the Property. 4.16 Rights of Access. For the purpose of assuring compliance with this Agreement, representatives of the Agency and the City shall have reasonable right of access to the Property and Development without charge upon two (2) days' prior written notice. RVPUE SMY\53133 -14- I l I l ARTICLE 5. DAMAGES AND REMEDIES 5.1 Notice and Opportunity to Cure. If either party to this Agreement believes that the other party has failed to perform any obligation of that party in accordance with the terms of this Agreement,the party alleging the default shall provide written notice ("Default Notice") to the other party, setting forth the nature of the alleged default. The party claimed to be in default shall have: (i) with respect to a default involving the payment of money, ten (10) days after its receipt of the Default Notice to completely cure such default, and (ii) with respect to any other type of default, thirty (30) days from the receipt of the Default Notice to completely cure such default or, if such default cannot reasonably be cured within such thirty(30) day period, to commence the cure of such default within the thirty (30) day period and diligently prosecute the cure to completion thereafter. If the party alleged to be in default fails to cure, or commence to cure (if applicable), as provided in the preceding paragraph, the party alleging the default may exercise such rights and remedies as provided for in this Agreement. 5.2 Termination. In addition to all other rights and remedies granted to the parties under this Agreement or available to them in equity or at law, either party may terminate this Agreement and all of its obligations hereunder without cost or liability upon the other party's breach of a material term of this Agreement and its subsequent failure to cure such default as provided in Section 5.1. 5.3 Rights and Remedies Not Exclusive. Unless prohibited by law or otherwise provided by a specific term of this Agreement, the rights and remedies of the Agency and the Owner under this Agreement are nonexclusive, and all remedies hereunder may be exercised individually or cumulatively. In addition to those remedies expressly granted herein, the parties shall also have the right to seek all other available legal and equitable remedies, including, without implied limitation, general and consequential damages, unless otherwise expressly provided to the contrary herein. RVPUB\SMY\53133 -15- i c ., • ARTICLE 6. GENERAL TERMS 6.1 Notices and Demands. All notices or other communications required or permitted hereunder shall be in writing, and may be personally delivered or sent by United States registered or certified mail, postage prepaid, return receipt requested, addressed to parties at the addresses provided in Article 1, subject to the right of either party to designate a different address for itself by notice similarly given. Any notice so given by registered or certified United States mail shall be deemed to have been given on the second business day after the same is deposited in the United States mail. Any notice not so given by registered or certified mail shall be deemed given upon receipt of the same by the party to whom the notice is given. 6.2 Nonliability of Agency Officials and Employees. No board member, official, contractor, consultant, attorney or employee of the Agency shall be personally liable to the Owner, any voluntary or involuntary successors or assignees, or any lender or other party holding an interest in the Property in the event of any default or breach by the Agency, or for any amount which may become due to the Owner or to its successors or assignees, or on any obligations arising under this Agreement. 6.3 Time Deadlines Critical; Extensions and Delays; No Excuse Due to Economic Changes. Time is of the essence of this Agreement. In addition to specific provisions of this Agreement, times for performance hereunder shall be extended where delays or defaults are due to war;insurrection; strikes; lockouts; riots; floods; earthquakes; fires; acts.of God or of third parties; third party litigation; acts of a public enemy; epidemics; quarantine restrictions; and freight embargoes (collectively,"Enforced Delays")provided, however, that the party claiming the extension notify the r ' other party of the nature of the matter causing the default; and, provided further, that the extension of time shall be only for the period of the Enforced Delays. However, deadlines for performance may not be extended as provided above due to any inability of the Owner to obtain or maintain financing for the acquisition of the Property or for the construction of the Development. RVPUB\SMY\53133 —16- 6.4 Attorney's Fees. In the event of the bringing of an action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement or any other dispute between the parties concerning this Agreement or the Property, then, in that event, the prevailing party in such action or dispute, whether by final judgment or out of court settlement shall be entitled to have and recover of and from the other party all costs and expenses of suit or claim, including actual attorneys' fees. Any judgment or order entered in any final judgment shall contain a specific provision providing for the recovery of all costs and expenses of suit or claim, including actual attorneys' fees (collectively, the"Costs") incurred in enforcing, perfecting and executing such judgment. For the purposes of this Section, Costs shall include, without limitation, attorneys' and experts' fees, costs and expenses incurred in the following: (i) post judgment motions, (ii) contempt proceedings, (iii) garnishment, levy, and debtor and third party examination; (iv) discovery; and (v)bankruptcy litigation. The Section shall survive any expiration or termination of this Agreement. 6.5 Submission of Documents and Other Actions for Approval. Except where such approval is expressly reserved to the sole discretion of the approving party, all approvals required hereunder by either party shall be not be unreasonably withheld. 6.6 Amendments to This Agreement. The Owner and the Agency agree to consider reasonable requests for amendments to this Agreement which may be made by any of the parties hereto, lending institutions,bond counsel or financial consultants. Any amendments to the Agreement must be in writing and signed by the appropriate authorities of both the Agency and the Owner. The Agency's Executive Director is authorized on behalf of the Agency to approve and execute minor amendments to this Agreement, including, but not limited to, the granting of extensions of time to the Owner. 6.7 Jurisdiction and Venue. Any legal action or proceeding concerning this Agreement shall be filed and prosecuted in the appropriate California state court in the County of Los Angeles, California. Each party hereto irrevocably consents to the personal jurisdiction of the court. The Agency and the Owner each hereby expressly waive the benefit of any provision of federal or state RVPUB\SMY\53133 -17- law or judicial decision providing for the filing, removal, or change of venue to any other court or jurisdiction, including, without limitation, federal district court, due to any diversity of citizenship between the Agency and the Owner, due to the fact that either the City or the Agency is a party to such action or proceeding, or due to the fact that a federal question or federal right is involved or alleged. Without limiting the generality of the foregoing, the Owner specifically waives any rights provided to it pursuant to California Code of Civil Procedure Section 394. The Owner acknowledges that the provisions of this Section 6.7 are material consideration to the Agency for its entry into this Agreement, in that the Agency will avoid the potential cost, expense, and inconvenience of litigating in a distant forum. 6.8 Interpretation. The Agency and the Owner acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting and that each party has been represented by legal counsel in the negotiation and drafting of this Agreement. Accordingly, the rule of construction which provides the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to any extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties. 6.9 Counterpart Originals; Integration: This Agreement may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. This Agreement and its Exhibits represent the entire understanding of the parties and supersedes all negotiations, letters of intent or previous agreements between the parties with respect to all or any part of the subject matter hereof 6.10 No Waiver. Failure to insist on any one occasion upon strict compliance with any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term, covenant or condition,nor shall any waiver or relinquishment of any rights or powers hereunder at any one time or more times be deemed a waiver or relinquishment of such other right or power at any other time or times. RVPUB\S Y 53133 -1 8- -----t'""-r, • 6.11 No Third Party Beneficiaries. The performance of the Agency's and the Owner's respective obligations under this Agreement are not intended to benefit any party other than the Agency or the Owner, except as expressly provided otherwise herein. No person or entity not a signatory to this Agreement shall have any rights or causes of action against any party to this Agreement as a result of that party's performance or non-performance under this Agreement, except as expressly provided otherwise herein. The foregoing notwithstanding, the City of Arcadia is declared to be an intended third party beneficiary of the Owner's obligations hereunder. [Signatures on following pages] RVPUB'Sh1Y\53133 -19- • \ J STATE OF CALIFORNIA } CAPACITY CLAIMED BY SIGNER: } ❑Individual(s) COUNTY OF } ❑Corporate Officer(s) ❑Partner(s) ❑Attorney-in-Fact ❑Trustee(s) On , 1998, before me, the undersigned ❑Subscribing Witness notary public, personally appeared ❑Guardian/Conservator ❑Other ❑personally known to me OR❑ proved to me on the basis SIGNER IS REPRESENTING: of satisfactory evidence to be the persons whose names are NAME OF PERSON(S)OR ENTITY(IES) subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary RVPUBLSMY\53133 -23- r ; I EXHIBIT A-1 TO R.E.I. OWNER PARTICIPATION AGREEMENT LEGAL DESCRIPTION OF PROPERTY PARCEL 1: LOTS 1, 2, 3, 4, 5, 26 AND 27, THOSE PORTIONS OF LOTS 24, 25, AND 28, LYING SOUTH OF THE LAND DESCRIBED IN EASEMENT DEED TO THE CITY OF ARCADIA, RECORDED IN BOOK 9549 PAGE 253, OFFICIAL RECORDS, AND THOSE PORTIONS OF LOTS 20, 21, 22 AND 23, LYING NORTH OF LAND DESCRIBED IN DEED TO THE SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED IN BOOK 15309 PAGE 14, OFFICIAL RECORDS, ALL IN BLOCK 78 AS SHOWN ON THE MAP OF A PART OF ARCADIA, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15 PAGES 89 AND 90 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO THE ALLEY IN SAID BLOCK 78, ADJOINING LOTS 3, 4, 25 AND 26 AS • VACATED BY ORDINANCE NO. 519, CITY OF ARCADIA. PARCEL 2: LOTS 6 AND 7, BLOCK 78 OF A PART OF ARCADIA SANTA ANITA TRACT, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 15 PAGES 89 AND 90 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THOSE PORTIONS OF LOTS 22 AND 23, BLOCK 78, LYING SOUTHERLY OF A LINE PARALLEL WITH AND DISTANT NORTHERLY 5 FEET, MEASURED AT RIGHT ANGLES, FROM THE SOUTHERLY LINE OF LOT 23 IN SAID BLOCK 78, AND ITS EASTERLY PROLONGATION. PARCEL 3: THOSE PORTIONS OF LOTS 24, 25 AND 28, BLOCK 78 OF SANTA ANITA.TRACT, AS SHOWN ON MAP RECORDED IN BOOK 15 PAGES 89 AND 90 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 28 OF SAID TRACT, THENCE EAST ALONG THE NORTHERLY LINE OF LOTS 28 AND 25, 200.60 FEET TO THE - MOST NORTHERLY CORNER OF LOT 24 OF SAID TRACT; THENCE SOUTH 52 DEGREES 20 MINUTES EAST ALONG THE NORTHEASTERLY LINE OF SAID LOT, 7.64 90 FEET TO A POINT; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 1116.01 FEET, RVPUB\SMY\53133 A-1 I r I , -T\ 210.63 FEET TO A POINT IN THE WESTERLY LINE OF AFOREMENTIONED LOT 28; THENCE NORTH ALONG SAID LINE 44.23 FEET, MORE OR LESS TO THE POINT OF BEGINNING. • RVPUB\SMY\53133 A-1 • EXHIBIT A-2 TO R.E.I. OWNER PARTICIPATION AGREEMENT SITE MAP [Attached] RVPUB\SMY\53133 A-2 '\ N� — - I I _�-LT " -- �i\ �N\N\ Realty — \. N \ N Advisory N,\ NN Group , - 1 -- East St Joseph St \ \ _ Q , ' city _ T N Second Owned 50 0 50 100 150 200 Feet Q Parcel ~ob �r Proposed Transit r-r��- i �S'� '446 — Site -- RI R ns a tEast Santa Clara St in ` O - 'L. • N � \ N NcN Arcadia Z ` N N Town Center J U.S. — _ \ 'NN Bld J -- Post - - N ,.N NN - Office \N� �N'. _ \ L 1 Y-, Wheeler St r ► ► FT II l I I 1 T Development Services Department REI Development [:Wit, Economic Development Division girl- a C Fi'l: S Engineering Division : ,:4041, ` Inc.■ By:R.S. Ganzlez t bv. 16. 1998 ;,° • 4 EXHIBIT B TO R.E.I. OWNER PARTICIPATION AGREEMENT SCOPE OF DEVELOPMENT R.E.I. Parcel The Owner shall develop an attractive, well maintained high quality, first class commercial retail project consisting of a 24,000 sq. ft. R.E.I. Coop store with related required parking, lighting and landscaping to Code. The building shall be consistent with the colored elevations prepared by Mithun Partners, Inc. transmitted October 13, 1998 and received on October 14, 1998, and with the plans and elevations approved by the Agency in concept on November 3, 1998; e.g. exterior elevation along Santa Clara and exterior elevation along Santa Anita. Second Parcel Should the R.E.I. parcel be completed and the Owner will not begin construction on the second building for thirty(30) days, the Owner shall plant and maintain the grass on the second 8,000 to 10,000 sq. ft. building footprint until construction begins on this building. The Second Parcel is identified on the Site Map (Exhibit A-2). • RVPUB\SMY\53133 B-1 EXHIBIT C TO RE.I. OWNER PARTICIPATION AGREEMENT SCHEDULE OF PERFORMANCE Task By Date Pre OPA Execution • R.E.I. submits executed, notarized OPA to Agency Nov. 30, 1998 • Agency meeting on OPA, environmental assessment Dec. 1, 1998 Post OPA Execution • Agency forwards one executed OPA to R.E.I.; sends second to Los Angeles County for recordation Dec. 11, 1998 • R.E.I. files final building plans with City(structural, mechanical, electrical, etc., pays fees) Jan. 29, 1999 • Agency uses best faith efforts to have City issue permit Feb. 26, 1999 • R.E.I. begins construction Apr. 15, 1999 _ • R.E.I. building framing/roof complete June 16, 1999 • R.E.I. building, parking complete; Certificate of Occupancy issued Aug. 16, 1999 • Agency pays grant to R.E.I. pursuant to Aug. 30, 1999 Section 4.7 of OPA {• Second Parcel R.E.I. landscapes and maintains 8,000 to 10,000 sq. ft. second parcel per Exhibit B (Scope of Development), Sept. 30, 1999 unless R.E.I. has commenced construction of building on Second Parcel prior to Sept. 30, 1999 RVPUB'SMY\53133 C-1