HomeMy WebLinkAboutNovember 3, 1998• A N N O T A T E D •
A G E N D A E❑-1
Arcadia City Council
and
0,ATS 9 ,.0• Redevelopment Agency
Meeting 17=
November 3, 1998
5:00 P.M.
Council Chamber Conference Room
ACTION
ROLL CALL: Council /Agency Members Chandler, Harbicht, Marshall, Roncelli and Kovacic Roncelli
Excused
1. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO
ADDRESS THE CITY COUNCIL (NON- PUBLIC HEARING/ FIVE MINUTE
TIME LIMIT PER PERSON) RE: 5:00 P.M. SESSION.
2. CITY COUNCIL AND REDEVELOPMENT AGENCY CLOSED SESSION
a. Pursuant to Government Code 54956.8 to confer with Agency negotiators
William R. Kelly, Don Penman and Peter Kinnahan and Arthur Garcia, A.P.G.
Commercial, representing the property owner William Adkins, regarding
price and terms pertaining to the possible acquisition of certain real estate
located at 55 W. Huntington Drive (formerly Foulger Ford auto dealership).
No one spoke..
b. Pursuant to Government Code Section 54956.9(b) to confer with legal counsel
regarding a significant exposure to litigation against the City based on existing
facts and circumstances (not yet known to potential plaintiffs) — as advised by the
City Attorney.
C. Pursuant to Government Code Section 54956.9(c), based on existing facts and
circumstances, it is necessary to consider whether to initiate litigation (one case).
At 5:03 p.m. the Council/
Agency RECESSED to the
7:00 p.m. Closed Sessions and RECON-
Council Chamber VENED in the Council Chmbr.
at 7:00 p.m.
INVOCATION
Bishop Jack Green, Church of Jesus Christ of Latter Day Saints
PLEDGE OF ALLEGIANCE Boy Scouts, Greg Orton, Tran Grif ford, Steve Burkett, Troup 125
ROLL CALL: Council /Agency Members Chandler, Harbicht, Marshall, Roncelli and Kovacic Roncelli
Excused
As a public services announcement, Mayor Kovacic encouraged
residents to vote, the polling places will be open until 8:00 p.m.
3.
4.
5.
6.
7.
ACTION
PRESENTATION of Mayor's Senior Service Award to Selma Asher.
PRESENTATION of Proclamation declaring Arcadia Welfare and Thrift Shop Day. Ruth Gilb
PRESENTATION to the Student Government Day participants.
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING
AGENDA ITEMS.
QUESTIONS FROM CITY COUNCIL/REDEVELOPMENT AGENCY
REGARDING AGENDA ITEMS.
MOTION: Read all Ordinances and Resolutions by title only and waive
reading in full.
8. PUBLIC HEARING
None
None
Pub. Hrg Closed
Recommendation to receive the Engineer's Report and adopt Resolution Re s adopted
No. 6081, A Resolution of the City Council of the Arcadia, California, 4 -0
establishing Underground Utilities District No. 14.
9. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO
ADDRESS THE CITY COUNCIL /REDEVELOPMENT AGENCY
(NON- PUBLIC HEARING /FIVE MINUTE TIME LIMIT PER PERSON). No one spoke
10. MATTERS FROM ELECTED OFFICIALS
City Council Reports/ Announcements /Statements /Future Agenda Items See Minutes
11. JOINT MEETING OF THE ARCADIA REDEVELOPMENT AGENCY AND CITY COUNCIL
a. Report and recommendation to approve a design review for a 25,000 sq. ft. Approved 4 -0
retail development for property located at 214 N. Santa Anita Avenue (R.E.I.).
b. Report and recommendation to adopt Resolution No. 6080, A Resolution Adopted 4 -0
of the City Council of the City of Arcadia, California, authorizing staff to
proceed with 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; exempting certain
properties, and authorizing the Arcadia Redevelopment Agency to appropriate
$15,000.00 from the available fund balance for the proposed text amendment.
ADJOURN Redevelopment Agency to November 17, 1998 at 6:00 p.m.
2
MEETING OF THE ARCADIA CITY COUNCIL
12. CONSENT ACTION
Minutes of the October 20, 1998 Regular Meeting. Approved 4 -0
Report and recommendation to award a Professional Services Agreement Approved 4 -0
in the amount of $69,970.00 to Harding Lawson Associates for the
development of a Citywide Pavement Management Program.
C. Report and recommendation to award a contract in the amount of Approved 4 -0
$1,462,530.00 to Spiess Construction Company, Inc. for construction of
Upper Canyon Reservoir and Canyon Booster Pump Station, and to appropriate
an additional $125,200.00 from the Water Facilities Reserve Fund to pay for
this project.
Report and recommendation to accept all work performed by Martinez Approved 4 -0
Concrete, Inc., for the 1998/99 Concrete Repair Program as complete and
authorize the final payment to be made in accordance with the contract
documents, subject to a retention of $5,815.00.
e. Report and recommendation to award a Professional Services Agreement Approved 4 -0
in the amount of $150,024.00 to Come Land Maintenance Co. for
janitorial and porter services at City facilities.
Report and recommendation to award a Professional Services Agreement Approved 4 -0
in the amount of $21,700.00 to EPT Landscape Architecture for consulting
services relative to the rehabilitation of the Civic Center Athletic Field.
g. Report and recommendation to renew the Weed Abatement Services AP_2roved 4 -0'
Agreement between the City of Arcadia and the Los Angeles County
Agricultural Commissioner/Weights and Measurements Department.
Report and recommendation to appropriate $13,400.00 of AB2766 funds Approved 3 -1
and to award a Professional Services Agreement with Raymundo Combr. Marshall
Engineering for the development of a Feasibility Study leading to a potential opposed
Compresses Natural Gas Transportation Program.
Report and recommendation to authorize the City Manager to execute a Approved 4 -0
revised Joint Powers Agreement with Los Angeles County and all the area
"D" cities within the County to provide for inter - agency cooperation in
major natural or man -made disasters.
Report and recommendation to authorize the City Manager to extend the Approved 4 -0
Agreement between the State of California, Office of Emergency Services
(O.E.S.) and the City of Arcadia, providing for the City of Arcadia to maintain
and staff an O.E.S. Engine.
13. CITY MANAGER
a. Report regarding the proposed Santa Anita Commercial Center Specific
Plan.
ACTION
Direct Staff to pre•
pare reaffirmation
of Res. 5961 by
Council consensus
b. Report and recommendation to Introduce Ordinance No. 2092, An Introduced a -o
Ordinance of the City Council of the City of Arcadia, California, amending
Section No. 4127 of the Arcadia Municipal Code concerning nuisance by dogs.
14. CITY ATTORNEY
Report and recommendation to adopt Resolution No. 6082, A Resolution Adopted 4 -0
of the City Council of the City of Arcadia, California, authorizing
compensation for Management Employees in the form of a one (1) time
payment, certain allowances for management safety employees,
and providing Employer Paid Member Contributions (EPMC).
b. Report and recommendation to adopt Resolution No. 6083, A Resolution. Adopted 4 -0
of the City Council of the City of Arcadia, California, approving and
implementing the paying and reporting of Employer Paid Member
Contributions (Public Employees Retirement System) pursuant to
Government Code Section 20636(c)(4) and Government Code Section 20691.
C. Report and recommendation to INTRODUCE Ordinance No. 2093, An Introduced 4 -0
Ordinance of the City Council of the City of Arcadia, California, adding
Section 9275.1.52.4 to the Conditional Use Permit Section of the Arcadia
Municipal Code relating to allowing office uses in the M -1 Zone when
adjacent to residentially zoned property (T.A. 98 -003).
Report and recommendation to INTRODUCE Ordinance No. 2094, An Introduced 4 -0
Ordinance of the City Council of the City of Arcadia, California, changing
the zoning from M -2 (Heavy Manufacturing) to M -1 (Planned Industrial
District) on the vacant 9.2 acre parcel located on the south side of Lower
Azusa Road.
ADJOURN City Council to November 17, 1998 at 6:00 p.m. Adjourned at 9.52 p.m. in memory of
Sheriff Sherman Block
11
/Y '
,c ° "' ° "•T` STAFF REPORT
ADMINISTRATIVE SERVICES DEPARTMENT
Date: November 3. 1998
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: JAMES DALE, ADMINISTRATIVE SERVICES DIRECTOR /P
PREPARED BY: CAROL PRZYBYCIEN, HUMAN RESOURCES
MANAGER
SUBJECT: RESOLUTION NO. 6083 - APPROVING AND IMPLEMENTING THE
PAYING AND REPORTING OF EMPLOYER PAID MEMBER
CONTRIBUTIONS (PUBLIC EMPLOYEES RETIREMENT SYSTEM)
PURSUANT TO GOVERNMENT CODE SECTION 20636(C)(4) AND
GOVERNMENT CODE SECTION 20691
SUMMARY
As authorized by City Council Resolution No. 6082 (prior agenda item), this Resolution as
required by the Public Employee Retirement System (PERS) is necessary to implement the
provision of EPMC to management employees as summarized and discussed in the Staff
Report for the previous agenda item.
Resolution 6083 as required by PERS authorizes the City to provide EPMC to Management
Employees consistent with all legal requirements set forth in the statutes and regulations that
govern the provision and payment of EPMC as part of the Public Employee Retirement
System.
RECOMMENDATION
Move to adopt Resolution No. 6083''approving and implementing the paying and reporting
of Employer Paid Member Contributions (Public Employees Retirement System) pursuant
to Government Code Section 20636(c)(4) and Government Code Section 20691.
APPROVED:
William R. Kelly
City Manager
LASER IMAGED
*Resolution nrenared by City Attornev,
Cvc. !„5
r
STAFF REPORT
C�RPORwTtO' S A 1
DEVELOPMENT SERVICES DEPARTMENT
DATE: November 3, 1998
TO: Mayor and City Council
FROM: Don Penman,Deputy City Manager/Development Services Director
By: Michael Busch, Transportation Services Officer MP,
SUBJECT: Report and recommendation to appropriate$13,400 of AB 2766 funds and
to authorize the City Manager to enter into a contract for that amount with
Raymundo Engineering for the development of a Feasibility Study leading
to a potential Compressed Natural Gas (CNG) Transportation Program
SUMMARY
Staff has been researching the potential to develop a Compressed Natural Gas (CNG)
program for the City's vehicle fleet. A CNG program has the potential of reducing the
City's demand on fossil fuels and lowering General Fund/Capital Outlay spending for
vehicle procurements. Working in conjunction with the Southern California Gas
Company, staff contacted several CNG engineering firms requesting qualifications for
the development of a feasibility study leading to a potential CNG Transportation
Program. The City received proposals from three (3) firms. Each proposal was
evaluated and ranked by staff with staff recommending Raymundo Engineering of
Walnut Creek, California as the firm most qualified to perform the required work. Staff
is also requesting the City Council appropriate$13,400 of AB 1766 funds and to
authorize the City Manager to enter into a contract for that amount with Raymundo
Engineering for the completion of a Feasibility Study potentially leading to a Compressed
natural gas (CNG)program.
BACKGROUND
Based on the City's interest in pursuing compressed natural gas (CNG)technology, staff
has researched and performed a basic analysis involving the feasibility of introducing
CNG powered vehicles into the City's fleet. Through this analysis, staff has gleaned
basic knowledge regarding the construction, implementation and operation of CNG
/4)epvd v LASER IMAGED
Co• /a4 .
CNG Transportation Program
November 3, 1998
Page 2
facilities and vehicles. Staff has held discussions with several cities that have
implemented CNG programs, the Southern California Gas Company, CNG fuel providers
and CNG program and vehicle specialist. Further, this analysis has provided sufficient
knowledge necessary to make preliminary recommendations regarding the feasibility of
implementation of a CNG program in the City of Arcadia.
The City has been exploring the potential of introducing CNG to its fleet and,operations
for some time. The City of Monrovia pursued a State Energy Program(SEP)grant
through the California Energy Commission in early 1998. The City of Monrovia focused
its grant efforts on developing a partnership with nearby agencies in the development and
implementation of a"joint-use" and public access CNG facility. Unfortunately,the
demand for CNG fuel between the five agencies involved(Monrovia, Arcadia, Sierra
Madre,Duarte, and the U.S. Postal Service)was not sufficient to receive award of the
SEP grant. With the exception of Arcadia,the agencies involved have since not pursued
CNG grant opportunities as all funding alternatives have been exhausted.
DISCUSSION
Development Services staff has researched the facts related to CNG facilities,vehicles
and funding opportunities. This included a brief cost/benefit analysis of CNG versus
traditional fuel. This type of analysis is necessary to determine if the use of CNG would
produce sufficient benefits to support the City's time and investment in pursuing a CNG
program. The results of this brief cost/benefit analysis revealed the following:
• The capital investment necessary for CNG infrastructure is dependent on the type of
station. A dedicated"fast fill" (e.g., 3 gallons per minute) station is in the range of
$120,000 to $200,000. A public station(e.g., equipped with multi-functional
payment technology) with fast fill capabilities is in the range of$200,000 to
$250,000.
• The cost of natural gas when purchased through Southern California Gas is roughly
$.32 per gallon.
• Amortized over a five year period the initial capital investment including
maintenance and fuel,the cost per gallon remains low at roughly $.63 versus $.93 (+
or-) for gasoline.
• Operations and maintenance costs have proven to be lower than their gasoline
counterparts.
• The estimated return on capital investment is between 3 and 5 years.
• The incrementally higher cost for the purchase of CNG vehicles is reduced through
SCAQMD and auto manufacturer incentives.
CNG Transportation Program
November 3, 1998
Page 3
• CNG vehicles are eligible for purchase with AQMD funds whereas gasoline vehicles
are not.
• The possibility of a public station might generate revenues for the City.
• The Feasibility Analysis of the Natural Gas Vehicle Program is AB 2766 eligible.
In conjunction with this analysis,the Development Services and Maintenance Services
Department staffs met to discuss potential CNG fleet purchases and selection of alternate
sites for a potential fueling station. Discussions held between Maintenance Services, and
CNG consultants have produced a favorable analysis on CNG vehicle performance and
selection of alternate fueling sites. Several vehicles have been identified as CNG
candidates including, street sweepers, administration vehicles, maintenance trucks, and
transit vehicles. Site selection,though in this phase pre-mature, has been confined to
City owned accessible properties. Detailed criteria including gas line pressure and
ground movement should be reviewed in later phases of the project to narrow the number
of alternative sites.
Funding
On an annual basis the City receives an allocation of AB 2677 Subvention funds based on
a formula employing population and vehicle registration fees as its base. Annually,the
City receives on the average of$50,000 directly from the SCAQMD. Additionally,the .
City has been earning in interest about 5.5% on its carryover balance of$120,000 for an
additional $6,600. In FY 98-99, a total of$176,600 in AB 2766 funds will be available
for eligible projects. In the FY 1998-99 Budget, $54,000 has been budgeted for air
quality programs such as rideshare and administration. An additional $50,000 has also be
identified in the Five-Year Capital Improvement Plan(CIP)for the procurement of
alternative fuel vehicles. In addition to the City's annual allocation of roughly$50,000,
another$70,000 of AB 2766 funds are available from prior years. These funds may be
allocated for additional alternative fuel vehicles or reserved for future procurements.
Through discussions with the Los Angeles County Metropolitan Transportation Authority
(MTA),the eligibility of Proposition A or C Local Return funds for CNG applications
has been approved. The City may elect to allocate a portion of its Proposition A or C
Local Return revenues towards a CNG facility provided the Arcadia Transit system is
included in the CNG program. As the next transit vehicle procurement is scheduled for
FY 99-00, the development of the CNG program in FY 98-99 would be timely with the
transit vehicle procurement.
Alternate Fuel Technology
In addition to the benefits of reduced air pollution, the cost of natural gas is less
CNG Transportation Program
November 3, 1998
Page 4
expensive than diesel and gasoline. With the rising costs of gasoline and diesel, a fleet
that is not reliant on these two fuel sources can take advantage of savings provided by
alternate fuels. The U.S. Department of Energy(DOE) recently concluded a study
comparing two taxi operations, one CNG the other gasoline, revealing significant savings
for the CNG operated fleet. The DOE study found when comparing identical vehicles the
CNG vehicle averaged 17.1 miles per gallon while its gasoline counterpart only averaged
14.8. Further,the study found maintenance and repair cots to be 21% lower for
CNG operated vehicles. When compared annually,the fuel savings was $2,190 and
maintenance and repair costs savings were $6,570 for a CNG vehicle traveling 73,000
miles annually.
With new advancements on fueling infrastructure and the availability of a larger variety
of vehicles, CNG is seen as the best alternate fuel in the industry. CNG is much cleaner
burning than gasoline and other alternate fuels such as propane. CNG is currently used
by the MTA, West Covina Dial-a-Ride, Hawthorne Police and by other cities for
maintenance trucks, police vehicles, and transit buses and vans. A network of CNG
fueling stations is already available to a limited degree in Los Angeles County and
neighboring counties. Technology for CNG fueling has advanced and made fueling as
simple as fueling with gasoline.
By installing CNG fueling infrastructure, the City will be able to use CNG vehicles that
produce less pollution and cost less to fuel. Upon approval and authorization the
recommended Feasibility Analysis can commence. The analysis will include size of the
facility, establishing a budget, identifying other users, and if the project proceeds,
assisting the City in the bid process. (Adjacent cities such as Alhambra and El Monte
have installed CNG fueling facilities at a cost of$150,000 to $200,000.)
Consultant Services to be Performed
As the most qualified firm,Raymundo Engineering will perform complex and specialized
duties including the following: 1) Ascertain the City's demand for CNG fuel based on the
current vehicle replacement schedule and annual mileage assumptions; 2)Prepare a
cost/benefit analysis comparing conventional gasoline with the anticipated demand of
CNG; 3)Evaluate the needs of the Maintenance Services facility for the maintenance and
repair of CNG vehicles and installation of CNG equipment; and 4)Prepare a detailed
estimate inclusive of all costs for facility improvements to accommodate the CNG
program.
The timeline for the above referenced work is estimated to be 30 to 60 days from the
City's Notice to Proceed.
•
CNG Transportation Program
November 3, 1998
Page 5
RECOMMENDATION
At this time,the staff recommends the City Council appropriate $13,400.of AB 2766
funds and to authorize the City Manager to enter into a contract for that amount with
Raymundo Engineering in a form approved by the City Attorney for the development of a
Feasibility Study for a Compressed Natural Gas(CNG)Transportation Program.
Approved: e'--A+nr-u-r
William R. Kelly, City Manager
�e-
4.w
ORPORASSO STAFF REPORT
DEVELOPMENT SERVICES DEPARTMENT
DATE: November 3, 1998
TO: Mayor and City Council
FROM: Don Penman, Deputy City Manager/Development Svcs. Director
SUBJECT: STATUS REPORT REGARDING PROPOSED SANTA ANITA
COMMERCIAL CENTER SPECIFIC PLAN
-
SUMMARY
Staff work formally commenced on the Santa Anita Commercial Center (SACC) Specific
Plan in late April 1998. A fast track processing schedule was requested by Santa Anita
in an effort to entitle the project by the end of calendar year 1998. Though very
ambitious, it was achievable if all parties worked together to expedite the review and
provide information required for the analysis of the project. At this point in time, work
on the Specific Plan has been suspended as a result of Santa Anita's inaction relative
to authorizing additional traffic studies relative to changes they recently submitted and
lack of reimbursement for costs incurred by the City in the processing of the
application.
DISCUSSION
The original schedule as requested by Santa Anita suggested a processing timeframe
that would entitle the project by the end of calendar year 1998. Additionally, in order to
initiate construction as soon thereafter as possible, Santa Anita had proposed to submit
for review in advance of approval of the Specific Plan, certain grading, infrastructure,
and building plans. Though submittal of these plans would be at their own risk (should
the City Council approve something different than the plans), it would have provided
Santa Anita with an opportunity to move quickly into the construction phase once
approval of the Specific Plan was secured. Santa Anita has apparently determined not
to pursue this pre-approval strategy, though has not provided any explanation to City
staff for this decision.
In late August, Santa Anita submitted some changes to the Specific Plan. First, they
determined that they did not want to reopen Gate 1 as an entrance to the Race Track.
In their original application they proposed to reopen this Gate for Race Track traffic
because the Holly Avenue entrance to.the Track was to be exclusively used for the new
Commercial Center. Second, they proposed to reduce the square footage of the
Entertainment Component and increase the size the Neighborhood Component by a
LASER IMAGED
jrec 0-7-2
. 41• / 5-a- l ,
SACC Report
Page Two
11/03/98
commensurate amount. Since the draft Environmental Impact Report was 90%
complete, these changes required new analysis at an added cost to Santa Anita. Staff
informed them of this in writing, but Santa Anita has not communicated back with the
City as to their desire to proceed with these changes.
As a result of the above circumstances, staff has suspended all work on the Specific
Plan until Santa Anita is in conformance with all conditions of the Cost Compensation
Agreement. From a timing standpoint, once work on the project is ready to restart, a
new schedule will need to be developed. The City's consultant, LSA, has accepted
other work that has required the reassignment of some of their staff.
RECOMMENDATION
No action is being requested of City Council. This report is intended to provide an
update on the project at this time.
Approved By:
kni-L-
William R. Kelly, City Manager
Gtr//) s�f ana/4
titt, .1*
r'POAATYO STAFF REPORT
DEVELOPMENT SERVICES DEPARTMENT
DATE: November 3, 1998
TO: Mayor and City Council/Arcadia Redevelopment Agency
FROM: Don Penman, Deputy City Manager/Deputy Executive Director/
Development Services Directors►'
By: fV Peter Kinnahan, Economic Development Administrator
SUBJECT: REPORT AND RECOMMENDATON TO ADOPT RESOLUTION
NO. 6080, A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AUTHORIZING STAFF TO PROCEED
WITH 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; EXEMPTING CERTAIN
PROPERTIES, AND AUTHORIZING THE ARCADIA REDEVELOPMENT
AGENCY TO APPROPRIATE $15,000 FROM THE AVAILABLE FUND
BALANCE FOR THE PROPOSED TEXT AMENDMENT.
SUMMARY
The Arcadia Redevelopment Agency's power of eminent domain (condemnation)
expired June 30, 1998. The law allows the power of eminent domain to be extended for
up to twelve (12) years. At the Agency's study session of August 18, 1998 the Agency
preliminarily decided to proceed with an amendment to add eminent domain and
directed staff to return with a formal report to initiate the process. At the same meeting,
the Board directed that the power of eminent domain in the residential areas abutting
and north of Colorado Boulevard, and north of Alta Street not be part of the amendment
(see map, Attachment 1). Because the properties on the northeast and southeast
corners of Santa Anita and Newman Avenue are residentially zoned but could be
commercial under the General Plan and Redevelopment Plan, staff is requesting
direction on whether to include or exclude these properties from possible eminent
domain. All the properties in the central part of the project area 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 and 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
LASER F
Ada,g tp a/ •
cc/4i fi- //h .
Staff Report
Page Two
11/03/98
and advise the Council. A map showing the balance and number of residential units is
provided as Attachment 2.
Staff estimates the cost of this amendment process to be approximately $15,000. An
appropriation of this amount from unprogrammed Agency funds is requested. It should
take from four (4) to five (5) months, depending on the level of the PAC's involvement,
to complete the process.
Staff is recommending that the City Council adopt Resolution No. 6080, authorizing
staff to proceed with the proposed text amendment to the Central Redevelopment Plan
extending the power of eminent domain for twelve (12) years (January 1, 1999 to
December 31, 2010) with the residential exemptions shown on Attachment 1 and
described above.
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 - Under California law, exercising the power of eminent domain is
very restrictive and closely regulated. The Agency must precisely follow statutes and
guidelines. For example, the Agency.. must obtain an appraisal from a competent,
independent appraiser. The Agency cannot offer less than the appraisal price to the
property owner. The appraiser's date of value must be within six (6) months of the
offer. Should the Agency's negotiations with the property owner be unsuccessful, the
v 0,€Agency must schedule a hearing at a public meeting. owner- and their
_r_exese_❑tatives-can-make-a-presentation-to-the Agency-about-the-property's=value, the
Agency's conduct of the acquisition process, and/or the Agency's need for or real
benefit from the property, if acquired. If the Agency still wishes to proceed with
condemnation, it can do so only by a 2/3 vote (four of five members). Prior to making
an offer which could lead to Agency displacement of fifteen (15) or more people, the
Agency must prepare a Relocation Plan based upon interviews with the potential
displacees. The Relocation Plan must state in detail the number of very low, low, and
low to moderate-income units needed, by bedroom size (describing unique needs, e.g.
handicapped, childcare, schooling, etc.), and where in the community possible
comparable vacancies exist and at what rent or sale price. It must be adopted by the
Agency at a public meeting.
Staff Report
Page Three
11/03/98
For commercial and industrial properties, in addition to the appraisal of the land and
buildings, the Agency must appraise any furnishings, fixtures, and equipment of the
business or businesses, and offer to acquire these items. The Agency must also pay
relocation benefits to any displaced persons, families, or businesses. For residential
tenants this could be up to $5250. For residential owners it could be up to $22,500. In
very difficult cases, e.g., large families, disabled person relocations, etc., the Agency
may be required to pay well beyond these amounts for "last resort housing". Pursuant
to State guidelines, this also includes costs of moving within fifty (50) miles, costs of
searching for a relocation site, and for the businesses costs of reestablishing itself in a
new location (i.e., signage, phones, utilities, stationary, etc). If a business suffers a
loss of patronage as a result of the relocation, the business may file a claim for loss of
"goodwill".
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" (i.e.,
condemnation) 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 August 18, 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 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.
There are two (2) residentially zoned properties in the Project Area north of Colorado
for which staff requests direction. The properties on the northeast and southeast
corners of Santa Anita and Newman are both R-3. The General Plan designation is
Mixed Use (Commercial/Multiple-Family). The Redevelopment Plan designation is
Commercial Office/Residential High Density for the property north of Newman and
Commercial-General/Residential High Density for the property south of Newman. The
northeast corner property currently used as a dental office was previously four (4)
residential units. This property could legally be converted back to residential use. The
multi-family apartment project on the southeast corner currently has thirteen (13)
Staff Report
Page Four
11/03/98
residential units. All of this housing stock appears to be in generally good condition. In
the future the Agency may desire to develop commercial uses on these properties
since they front on a heavy traffic arterial and are near the Foothill 210 Freeway on/off
ramp. Staff believes these properties should also be subject to the proposed
reauthorization of the use of eminent domain.
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 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.
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. However, the PAC could chose outside legal
counsel, at the expense 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 by a 2/3`d 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. Staff
will report back to the City Council at a future public hearing with recommendations for
the size and composition of a PAC, election procedures, challenges and related issues,
and a formal request to establish a PAC.
In the past the Agency did not have a PAC because the original formation of the
Redevelopment Project Area predated the requirement for a PAC.
Schedule — The amount of time to process the amendment is somewhat dependent on
the PAC's involvement. Staff estimates four to five months. A preliminary schedule is
shown on Attachment 3.
ENVIRONMENTAL IMPACT
An Environmental analysis is required by State law and will be completed prior to
adoption of any formal amendment.
Staff Report
Page Five
11/03/98
FISCAL IMPACT
Actual costs will be somewhat based on the level of community and PAC involvement in
the process. Staff estimates amendment costs at approximately $15,000. The Agency
has sufficient funds available in the Fund Balance for the purpose.
RECOMMENDATION
1. THAT THE CITY COUNCIL AND ARCADIA REDEVELOPMENT AGENCY
INCLUDE THE PROPERTIES ON THE NORTHEAST AND SOUTHEAST
CORNER OF SANTA ANITA AND NEWMAN AVENEUE IN THE PROPERTIES
POTENTIALLY SUBJECT TO THE POWER OF EMINENT DOMAIN AS
SHOWN ON ATTACHMENT 1.
2. THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 6080, A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
AUTHORIZING STAFF TO PROCEED WITH THE PROCESSING OF 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, 201 Q EXEMPTING CERTAIN PROPERTIES, AS SHOWN ON
ATTACHMENT 1.
3. THAT THE ARCADIA REDEVELOPMENT AGENCY APPROPRIATE $15,000
FROM THE AVAILABLE FUND BALANCE FOR THE PROPOSED TEXT
AMENDMENT TO THE CENTRAL REDEVELOPMENT PLAN.
Approved By: �
William R. Kelly, City anager/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. Schedule of amendment process.
4. City Council Resolution No. 6080.
PROPERTIES POTENTIALLY SUBJECT TO EMINENT DOMAIN
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•
SCHEDULE— EMINENT DOMAIN AMENDMENT
City Council/Arcadia Redevelopment Agency—adopt Resolution to 11/03/98
authorization to proceed; clarify exempt/non-exempt properties;
appropriate funds
Send notice to newspaper and letter to all (property owners, tenants, 11/05/98
community organizations) regarding amendment/need for PAC,
PAC election process, schedule of community meetings to explain,
Council public hearings
Community meeting number one (1)—explain amendment, acquisition/ 11/24/98
relocation procedures, purpose of PAC, tentative formation and election
process, Brown Act/disclosure, schedule; provide copies of Health and
Safety Code Sections 33385, 33347.5, 33366 and Redevelopment Plan
City Council Public Hearing; Agency meeting— Explain proposed amendment 12/01/98
process to public; Resolution to adopt PAC formation rules; call for PAC
Community meeting number two (2) —explain amendment, acquisition/ 12/10/98
relocation process, role of PAC, election and challenge process
Community meeting number three (3) —explain amendment, acquisition/ 12/16/98
relocation process, role of PAC, election and challenge process,
speeches by candidates, election of PAC
Post notice of PAC election results in City Hall 12/17/99
City Council—certification of PAC election (handle any challenges), 01/05/99
Agency—send amendment to PAC
Send agenda package to PAC 01/07/99
PAC meeting number one (1)—explain amendment, role of PAC, Brown 01/13/99
Act/Fair Political Practices Commission (FPPC) disclosure status
of Redevelopment Agency projects and finances, acquisition process,
relocation process, election of officers
PAC meeting number two (2)—explain acquisition/relocation process, To be
Relocation Plan, Implementation Plan (future projects), amendment; determined
possible vote on amendment by PAC
Staff—send letters to all in project area explaining amendment, identifying To be
exempt and non-exempt properties determined
by PAC
Joint public hearing—City Council/Redevelopment Agency to consider To be
amendment, environmental review, ordinance determined
Ordinance to City Clerk, Los Angeles County, Redevelopment Agency To be
Published (to newspapers) determined
PAC meetings (must continue for three (3) years) TBD
ATTACHMENT 3
•
RESOLUTION NO. 6080
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OR OF ARCADIA, CALIFORNIA, AUTHORIZING STAFF
• TO PROCEED WITH 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;
EXEMPTING CERTAIN PROPERTIES THEREFROM
WHEREAS, the power of eminent domain (condemnation) in the Arcadia
Redevelopment Agency Central Redevelopment Plan expired June 30, 1998; and
WHEREAS, The City Council is considering the possible reauthorization of the
power of eminent domain pursuant to Health and Safety Code Sections 33000 et. Seq.
(California Redevelopment Law) for the period of January 1, 1999 through December
31, 2010; and
WHEREAS, the City Council desires to exempt from this power certain
residential properties as set forth on Exhibit 1; and
WHEREAS, the California Redevelopment Law sets forth certain procedures to
be followed including the requirement for at least one (1) public meeting to inform
project area owners, residents, tenants, business people and representatives of
community organizations in the project area of the purpose of the proposed amendment
and the process to be followed; and
WHEREAS, the California Redevelopment Law also requires that, if a
substantial number of low and moderate income persons could be displaced, the City
Council establish a procedure for the election of a Project Area Committee (PAC),
composed of residential owners, residential tenants, business people and
-1- ATTACHMENT 4
representatives of community organizations to consider the proposed amendment and
provide advice and/or recommendations to the City Council, if the PAC so desires, •
regarding the amendment and other related matters; and
WHEREAS, the City Council intends to provide information and the opportunity
for project area residents to comment on the proposed amendment pursuant to the
attached schedule (Exhibit 2),
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That the properties shown on Exhibit 1 be subject to or exempt
from the power of eminent domain as set forth on this map, subject to review by the
PAC, the public, and the City Council at a public hearing in the Arcadia City Council
Chambers, 240 West Huntington Drive, Arcadia at a date and time to be determined for
the consideration of the adoption of the amendment; and
SECTION 2. That staff implement the amendment process as required by the
California Redevelopment Law and as set forth in the attached schedule (Exhibit 2),
including the publication and mailing of all required notices, and the holding of required
public and community meetings.
Passed, approved and adopted this 3rd day of November, 1998.
ATTEST: Mayor of the City of Arcadia
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
City ttom m
y of the City of Arcadia
-2-
•
PROPERTIES POTENTIALLY SUBJECT TO EMINENT DOMAIN
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Oc lobe:, 1986 CG Commercial General a am Project Area Boundary No Scale
SCHEDULE— EMINENT DOMAIN AMENDMENT
City Council/Arcadia Redevelopment Agency—adopt Resolution to 11/03/98
authorization to proceed; clarify exempt/non-exempt properties;
appropriate funds
Send notice to newspaper and letter to all (property owners, tenants, 11/05/98
community organizations) regarding amendment/need for PAC,
PAC election process, schedule of community meetings to explain,
Council public hearings
Community meeting number one (1)—explain amendment, acquisition/ 11/24/98
relocation procedures, purpose of PAC, tentative formation and election
process, Brown Act/disclosure, schedule; provide copies of Health and
Safety Code Sections 33385, 33347.5, 33366 and Redevelopment Plan
City Council Public Hearing; Agency meeting— Explain proposed amendment 12/01/98
process to public; Resolution to adopt PAC formation rules; call for PAC
Community meeting number two (2)—explain amendment, acquisition/ 12/10/98
relocation process, role of PAC, election and challenge process
Community meeting number three (3) —explain amendment, acquisition/ 12/16/98
relocation process, role of PAC, election and challenge process,
speeches by candidates, election of PAC
Post notice of PAC election results in City Hall • 12/17/99
City Council—certification of PAC election (handle any challenges), 01/05/99
Agency—send amendment to PAC
Send agenda package to PAC 01/07/99
PAC meeting number one (1)—explain amendment, role of PAC, Brown 01/13/99
Act/Fair Political Practices Commission (FPPC) disclosure status
of Redevelopment Agency projects and finances, acquisition process,
relocation process, election of officers
PAC meeting number two (2)—explain acquisition/relocation process, To be
Relocation Plan, Implementation Plan (future projects), amendment; determined
possible vote on amendment by PAC
Staff—send letters to all in project area explaining amendment, identifying To be
exempt and non-exempt properties determined
by PAC
Joint public hearing —City Council/Redevelopment Agency to consider To be
amendment, environmental review, ordinance determined
Ordinance to City Clerk, Los Angeles County, Redevelopment Agency To be
Published (to newspapers) determined
PAC meetings (must continue for three (3) years) TBD
EXHIBIT 2
01, - 7
'FA Memorandum � -
ar adla redevelopment agency
. Wig DATE: November 3, 1998
TO: Arcadia Redevelopment Agency
FROM: Don ,l enman, Deputy Executive Director 19
By: r;,Peter Kinnahan, Economic Development Administrator
SUBJECT: REPORT AND RECOMMENDATION TO APPROVE A CONCEPTUAL
DESIGN REVIEW FOR A 25,000 SQUARE FOOT RETAIL
DEVELOPMENT FOR PROPERTY LOCATED AT 214 NORTH SANTA
ANITA AVENUE (R.E.I., INC., APPLICANT).
SUMMARY
The former Arcadia Lumber property has been purchased by R.E.I., Inc. (see location map,
Attachment 1). R.E.I. is proposing to construct two buildings, a 25,000 sq. ft. retail building,
including mezzanine for their own use on the southwest corner of the site, and a 11,000 sq. ft.
retail building for a future tenant on the northwest corner of the site. The buildings will front on
Santa Anita with parking in the rear(see concept site plan and elevations, Attachment 2).
R.E.I. is anxious to open their new building as soon as possible. This conceptual Design
Review is intended to provide the applicant with feedback so plans can be prepared
expeditiously. Staff recommends approval of this conceptual Design Review. Formal approval
of the project will take place at a future meeting.
BACKGROUND
Work Proposed - Construction of two (2) new single story, retail buildings is proposed at 214
North Santa Anita (former Arcadia Lumber) with related parking and landscaping.
REI will build and occupy the building at the southwest corner of the site. A future unknown
tenant(s) will occupy the second building. This Design Review focuses on the REI building and
related parking and landscaping for the overall site. The future tenant(s) must design and
construct their building compatible with the architectural style of the REI building, and will be
subject to City and Agency Design Review.
Applicant R.E.I., Inc., submitted by Mithun Partners (John Harrison AIA)
Location: 214 North Santa Anita (Location Map,Attachment 1)
Existing
Land Use: Commercial (vacant buildings; formerly Arcadia Lumber)
Existing
Zoning: C-2 (H4)
General Plan
Designation: Commercial LASER IMAGED
Age} l�
7 •
Staff Report
Page Two
November 3, 1998
Redevelopment
Plan Designation: Commercial General
Surrounding
Land Uses: North AS A Building Material; Arroyo Plumbing; zoned C-2
East MTA Rail Line, A&A Building Materials; zoned C-2
South Bank of America, Town Center Building; zoned CBD
•
West Summit Leasing, Domenico's Restaurant, Bank of America
ATM and parking lot; zoned C-2
Site Area: 112,536 square feet
Frontage: Santa Anita Avenue—270 lineal feet; Santa Clara Street—275 lineal feet;
Front Street—279 lineal feet.
Parking: 135 regular, 26 compact (15%). 167 spaces including 6 handicapped
Parking
Requirements: REI 21,000 (retail) x 5/ 1000 = 105
4.000 (storage/mezzanine)x 5 = 20
25,000 sq. ft. 125
2nd Bldg. 11,000 x 5 = 55
180
Although no parking modification is needed for just the R.E.I. building, a modification for thirteen
(13) spaces will be needed assuming the second building is 11,000 sq. ft. Ample on-street
parking is also available on St. Joseph, Front and Santa Clara Streets. Though it is not part of
the Agency decision-making process, the rationale for a modification would be that the parking
required for the mezzanine storage area for R.E.I. is much less than for the retail area.
However, if a modification is not approved, the second building could be reduced in size so that
the parking standard for the entire site could be met.
Purpose of Design Review
The purpose of the Agency's review is as follows:
1. To give the Agency the opportunity to determine if new private projects are in conflict
with any Agency projects which are being considered or developed in the same area.
2. To provide the opportunity to incorporate the private project with an Agency project
and/or to eliminate or to mitigate any conflicts at the earliest stage of the design process.
3. To afford the Agency an opportunity to review the preliminary architectural plans of
private projects to insure that these projects are not so out of character with the area as
to be a hindrance to future development.
Staff Report
Page Three
November 3, 1998
Analysis / Design Features — The applicant has provided colored renderings and a materials
board for the Santa Anita and Santa Clara facades. These plans are available for review and
will be on display at the Agency meeting of November 3, 1998. The applicant will be bringing
additional display materials to the November 3`I meeting.
The applicant's 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 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.
R.E.I. is required to dedicate three (3) feet of right-of-way along both Santa Anita Avenue and
Santa Clara Street for widening of the sidewalk. In return, the City is proposing to allow R.E.I. to
use two (2) feet of both St. Joseph and Front Streets for a landscaping easement, since the
width of the sidewalk there is greater than what Code or City policy require.
The second building 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 review by the City and the Agency at a later date.
The Agency and R.E.I. are currently finalizing negotiations on an Owner Participation
Agreement (OPA). This is tentatively scheduled for Agency consideration on December 1,
1998. Staff anticipates that the final Agency Design Review will also occur on December 1,
1998.
RECOMMENDED CONDITIONS OF APPROVAL
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
Staff Report
Page Four
November 3, 1998
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
A copy of the staff report has been provided to R.E.I.
ENVIRONMENTAL FINDINGS
The environmental assessment will be completed at a future date.
RECOMMENDATION
THAT THE ARCADIA REDEVELOPMENT AGENCY APPROVE THE CONCEPTUAL DESIGN
REVIEW FOR 214 N. SANTA ANITA AVENUE (FORMER ARCADIA LUMBER), SUBJECT
TO THE CONDITIONS LISTED ABOVE AND FINAL APPROVAL OF AN OWNER
PARTICIPATION AGREEMENT.
Approved By:
William R. Kelly, Executive Director
Attachments
•
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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.
RE EVVED
OCT L b 1S 8
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