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Home My WebLink AboutApril 6, 1999- • A N N O T A T E D r� A G E N D A Arcadia City Council A ns and I�CORPOMITiD', ° °1 Redevelopment Agency Meeting April 6, 1999 6:00. p.m. Council Chambers Conference Room ROLL CALL: Council Members Chandler, Harbicht, Marshall, Roncelli and Kovacic 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: 6:00 P.M. SESSION. 2. CLOSED SESSION ACTION Roncelli Excused No one spoke a. Pursuant to Government Code Section 54957.6 to confer with City Labor Negotiators Carol Przybycien and Dan Cassidy regarding Council RECESSED Arcadia Firefighters Association. to Closed session at 6:35 p.m. RECONVENED in the 7:00 p.m. Council Chambers Council. Chambers at 7:00 p.m. INVOCATION Rev. Ron Fraker, Victory Chapel, Church of the Foursquare Gospel PLEDGE OF ALLEGIANCE Emily Boehr ROLL CALL: Council /Agency Members Chandler, Harbicht, Marshall, Roncelli and Kovacic Roncelli The City Attorney announced the subject discussed at the earlier Excused Closed Session 3. PRESENTATION of Mayor's Youth Service Award to Timothy Boehr. 4. PRESENTATION of Mayor's Business Recognition Award to Methodist Hospital of Southern California. Dennis Lee 5. PRESENTATION of Mayor's Community Service Award to the Arcadia Chinese Association and the Arcadia Chinese - American Association. Annie Yuen and Kirk King 6. PRESENTATION of Mayor's Employee Recognition Award to Don Stockham. 7. PRESENTATION of Mayor's Senior Service Award to Nancy and Jim Miner. 8. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS. None ACTION 9. QUESTIONS FROM CITY COUNCIL /REDEVELOPMENT AGENCY REGARDING AGENDA ITEMS. See Minutes MOTION: Read all Ordinances and Resolutions by title only and waive Adopted 4 -0 reading in full. 10. JOINT PUBLIC HEARING OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL Pub. Hrg. Closed a. Report and recommendation of the Project Area Committee to the City Appr. Neg. Decl. Council to reauthorize the Redevelopment Agency power of eminent Intro. Ord. 2102 Reauth. Eminent domain for 12 years; approval by the City Council of a Negative Declaration Domain thru 2010 and Introduction of Ordinance No. 2102, An Ordinance of the City Council 12 yrs. 4 -0 of the City of Arcadia, California, amending the Central Redevelopment Plan to reauthorize the power of eminent domain for the period of January 1, 1999 through December 31, 2010, exempting therefrom certain designated residential areas. 11. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO V. Raees ADDRESS THE CITY COUNCIL/REDEVELOPMENT AGENCY C.' k (NON- PUBLIC HEARING /FIVE MINUTE TIME LIMIT PER PERSON). K. F. Haas Haas Stabler V. Foley 12. MATTERS FROM ELECTED OFFICIALS C. Driver D. Wonders City Council Reports/ Announcements /Statements /Future Agenda Items See Minutes RECESS CITY COUNCIL 13. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY a. Report and recommendation to approve the Certificate of Completion for Approved 4 -0 a 120 -room Extended Stay America hotel (401 E. Santa Clara Street). 6:00 ADJOURN Redevelopment Agency to April 20, 1999 at p.m. RECONVENE CITY COUNCIL 14. CONSENT a. Minutes of the March 16, 1999 Regular meeting. Approved 4 -0 b. Report and recommendation to accept a monetary gift of $10,000.00 Approved 4 -0 from the Friends of the Arcadia Public Library for the purchase of Library materials. C. Report and recommendation to approve Final Map No. 52424 for a _Approved 4 -0 14 -unit residential condominium project located at 900 -904 Sunset Blvd. 2 Consent continued ACTION d. Report and recommendation to award a Professional Services Agreement Approved 4 -0 in the amount of $18,000.00 to Converse Consultants for the geotechnical and materials testing services for the Upper Canyon Reservoir and Canyon Booster Pump Station. e. Report and recommendation to award a Professional Services Agreement Approved 4 -0 in the amount of $23,000.00 to Krieger & Stewart Inc. for construction submittal review services for the Upper Canyon Reservoir and Canyon Booster Pump Station. f. Report and recommendation to cooperatively purchase, with the City of Approved 4 -p Pasadena, (2) 1999 Ford 8800 gross vehicle weight pick -up trucks with utility bodies from Robert H. Loud Ford at a cost of $48,822.96 for the Maintenance Services Department. Report and recommendation to authorize an additional appropriation of Approved 4 -0 $350,000.00 for water meter service connections and increase revenue estimate for meter charges by $350,000.00. h. Report and recommendation to accept all work performed by Atlas Approved 4 -0 Underground Company as complete; to authorize a retention payment in the amount of $19,561.00 in accordance with the contract documents; and to authorize payment of a change order amount which exceeds the 25 percent allowable for public works projects. Report and recommendation to approve Resolution No. 6107, A Adontea 4 -0 Resolution of the City Council of the City of Arcadia, California, of intention to approve an amendment to contract for the Public Employees' Retirement System Military Service Credit for miscellaneous members. Recommendation to introduce Ordinance No. 2104, An Ordinance of the Introduced 4 -0 City Council of the City of Arcadia, California, authorizing an amendment to the contract between the City Council of the City of Arcadia and the Board of Administration of the California Public Employees' Retirement System. Report and recommendation to authorize the Police Department to fill Approved 4 -0 two (2) Police Officer positions and one (1) Records Clerk Position. k. Report and recommendation to authorize the City Clerk to fill the positions Approved 4 -0 of Secretary and Typist Clerk II in the office of the City Clerk.- Report and recommendation to authorize staff to fill the positions of Code Approved 4 -0 Services Officer and Business License Officer in the Development Services Department. 15. CITY MANAGER ACTION a. Report and request from the Centennial Celebration Commission to Approved 4 -0 appropriate $10,000.00 from the General Fund for the purchase of commemorative items to be sold at future fund - raising activities. b. Report and request from Los Angeles Turf Club, Inc, at 285 W. Huntington Approved 4 -0 Drive to approve a 24 -hour construction schedule, seven days a week for renovation of the Santa Anita Park grand stands between April 20 and September 29, 1999. C. Report and recommendation to rescind the policy of obtaining City Council Approved 3 -1 approval to fill vacant, budgeted positions. Marshall opposed d. Report and recommendation to allocate $15,000.00 in unallocated Approved 4 -0 Community Development Block Grant funds for a youth services program for fiscal year 1999 -2000 and redistribute funding for the proposed 1999 -2000 congregate meals program, senior citizens social services program and Red Cross Meals -on- Wheels program. e. ,Report and recommendation to provide direction on proposed changes to Dil :ection`to - the CBD regulations related to the use of the ground floor area for retail procee -w exc commercial business. amend. to remove 1/3 retail restri ction on Htg. Dr. 16. CITY ATTORNEY 6 1st Av..North of Htg. a. Report and recommendation to introduce Ordinance No. 2101, An r„trnd ,r d 4 -0 Ordinance of the City Council of the City of Arcadia, California, amending section 4251 of the Arcadia Municipal Code relating to daytime loitering by minors. b. Report and recommendation to adopt Ordinance No. 2100, An Adopted 4 -0 Ordinance of the City Council of the City of Arcadia, California, amending sections 9260.3.11, 9261.4.5, 9262.4.14 and 9266.2.8.7 of the Arcadia Municipal Code, relating to allowable area for sign identification to include window signs. 6:00 ADJOURN City Council to April 20, 1999 at f:00 p.m. Adjourned in memory of Dick Corliss at 9:40 p.m. i3 'O"'T`5 STAFF REPORT OFFICE OF THE CITY MANAGER DATE: April 6, 1999 TO: Mayor and City Council jl FROM: William R. Kelly, City Manag�n16 By: Linda Garcia, Administrative Coordinator SUBJECT: RECOMMENDATION TO RESCIND THE POLICY OF OBTAINING CITY COUNCIL APPROVAL TO FILL VACANT, BUDGETED POSITIONS SUMMARY In June 1996, the City Council established a policy requiring staff to obtain City Council approval to fill vacant positions. At the March 16, 1999 meeting, the City Council directed staff to place this matter on an upcoming agenda so that consideration could be given to abolishing the policy as it relates to public safety positions. If approved, this change will have a positive financial impact on overtime costs and will also help facilitate the recruitment process. For reasons explained in this report, staff recommends that the City Council rescind the policy of obtaining specific approval to fill all vacant, budgeted positions, as it would improve internal operations without a negative financial impact. DISCUSSION During the budget discussion that took place at the June 12, 1996 City Council meeting, staff was directed to institute what was referred to as a "hiring freeze" whereby City Council approval would, from then on, be required to fill vacant positions. Specifically, positions were to be kept in the budget, but if they became vacant during the course of the year staff would have to obtain City Council approval in order to fill them. At the time, the City was having serious budget difficulties and this practice gave the City Council the opportunity to deliberate on all open positions and determine if the jobs, and the services provided, were essential to the current goals and priorities of the City. Since the policy was adopted, not one position submitted to the City Council for authorization to fill has been denied. On March 16, 1999 the City Council asked staff to agendize this matter so that consideration could be given to rescinding the policy for public safety positions. If this occurs, the recruitment process will be improved by becoming faster and more efficient, and in the case of public safety positions, the amount of money spent on overtime to maintain the desired level of staffing until the position can be filled will be reduced. The City Council will still approve all positions through the budget process, but the internal A/" LASER IMAGED r C Mayor and City Council — Vacant Positions April 6, 1999 Page 2 M administration relative to recruitment will remain with the City Manager and staff. Since the March 16 meeting, a situation has arisen that staff feels should be discussed as part of this report. The City's only Code Services Officer recently resigned to accept a position with another jurisdiction. As a result, the City will now be without someone to handle (property) code enforcement for an extended period of time. More important is that the period of time we will be without a Code Services Officer is now lengthened because of the time it takes to obtain City Council approval to fill the position. Specifically, the Code Services Officer resigned on March 17. Theoretically, the recruitment process could have begun the next day and staff could have used the three weeks between the resignation and the next City Council meeting to work on the recruitment process, perhaps even having the job announcement prepared and distributed during this time. Code enforcement is a high priority for the City and because we have only one person whose time is solely dedicated to these efforts, staff would have preferred to immediately begin working on filling the position. Unfgrtunately, having to wait for the opportunity to seek City Council approval delayed the process. If this policy is rescinded (either for public safety positions only or all positions), if an employee transfers to another job, retires, or otherwise leaves the service of the City, staff could promptly recruit and subsequently hire someone without having to place the matter on a City Council agenda for approval. Department staff will still have to demonstrate a need for the person and seek the approval of the City Manager before filling the position, but the amount of bureaucracy will decrease and the process will move faster. Please note that if this policy is repealed, new positions not included in the budget and changes in salary and /or classification will continue to be presented to the City Council for approval prior to implementation. FISCAL IMPACT Rescinding the practice of obtaining City Council approval to fill vacant, budgeted positions will not have a negative financial impact on the City. The only positions filled will be those included in the adopted budget and essential to our being able to provide the services deemed appropriate through the policy decisions of the City Council. RECOMMENDATION Staff recommends that the City Council rescind the policy of requiring staff to obtain City Council approval to fill all vacant, budgeted positions. nncAI 1 4-1 STA OIL I' I RE CuN1.�11NT�� , i 1 1 I )• April 6, 1999 DEVELOPMENT SERVICES DEP.= kRTNIENT TO: Mayor and City Council 7 FROM: Don Penman, Deputy City Manager /Development Services Director By: Donna Butler, Community Development Administrator SUBJECT: RECOMMENDATION TO AUTHORIZE STAFF TO FILL THE POSITIONS OF CODE SERVICES OFFICER AND BUSINESS LICENSE OFFICER IN THE DEVELOPMENT SERVICES DEPARTMENT SUMMARY The Development Services Department is requesting authorization to fill the positions of Code Services Officer and Business License Officer. , The Code Services Officer's position will be vacant effective April 9. The Business License Officer position will be vacant July 7. Both positions are currently funded in the Fiscal Year 1998 -99 Operating Budget. DISCUSSION Code Services Officer The Community Development Division has one Code Services Officer. On March 17, Cindy Moore, the Code Services Officer accepted a Fire Inspector I position with the Orange County Fire Authority. If this position is not filled, the Development Services Department will be unable to respond to any but the most serious code violation issues. Business License Officer The Business License Officer, Becky Pike, will be retiring in July. There is only one position in the Business License Office. The secretary in the Community Development Division provides limited back up for the Business License Officer when she is out of the office. Initiation of recruitment now for this position will provide for a brief training and transition period prior to Mrs. Pike's retirement. LASER IMAGEpacancies April 6, 1999 Page 1 /),P/J ra d/ d v /V. /y M FISCAL IMPACT n Funds for both positions have been appropriated in the 1998 -99 budget. Staff would assume funds would be included in next year's budget as well since there is only one position in each of these classifications. The salary range for the Code Services Officer position is $2,652 - $3,224 (not including benefits). The salary range for the Business License Officer is $2,822 - $3,430 (not including benefits). Recruitment for both positions will take a minimum of two (2) months. RECOMMENDATION It is recommended that the City Council authorize staff to fill the positions of Code Services Officer and Business License Officer. Attachment: Code Services Officer and Business License Officer Job Descriptions APPROVED: An—a-j William R. Kelly, Uty Manager Vacancies April 6, 1999 Page 2 En CITY OF ARCADIA nFFTNTTTnN M APPROVED BY PERSONNEL BOARD 3/17/83 APPROVED BY CITY COUNCIL 4/05/83 BUSINESS LICENSE OFFICER Supervises and participates in the issuing, processing and collection of business licenses and related permits; investigates reports of Code violations and enforces the business license ordinances. RESPONSIBILITIES Exercises judgment in recognizing and resolving problems which deal with policy and procedural matters. Responsible for the collection, disbursement and custody of all business licenses and keeping accurate records of these licenses. Evaluates, develops and implements various license systems and procedures. Direct supervision of clerical positions. EXAMPLES OF DUTIES Supervise and process applications for business licenses; compute fees; and issue licenses. Supervise the keeping of accurate records of all business license transactions and documents. Interpret and explain business license ordinances to the public and assist in completing documents. Identify unlicensed businesses in the City by checking data from State sales tax licensing, newspaper notices of fictitious names and regular inspection trips. Notify owners of unlicensed businesses of license requirement, collect fees and issue licenses. Appear in court regarding small claims matters and business license violations. Operate calculator and other office equipment including a CRT terminal. Supervise and participate in the preparation of various reports. Supervise, train and evaluate assigned clerical staff. Issue dog licenses for County. Perform related duties as assigned. ON BUSINESS LICENSE OFFICER Page 2 DESIRABLE SKILLS, KNOWLEDGE AND ABILITIES Knowledge of: Modern office practices, procedures, methods and equipment. Laws and ordinances regulating business licenses. Modern office equipment operation, including CRT terminal. Office supervisory practices and public relations. Ability to: Analyze, interpret and explain department policies and procedures. Develop, revise and install business license systems and procedures. Maintain complex records and prepare detailed reports from such records. Operate office equipment including CRT terminal and word processor. Establish and maintain effective working relationships with other employees and the public. Supervise, train and evaluate assigned clerical staff. DESIRABLE EXPERIENCE AND TRAINING Experience Three years of recent experience involving daily contact with business firms. Training Equivalent to high school graduation. A combination of equivalent experience and training that would provide the required skills, knowledge and abilities would be qualifying. LICENSES /CERTIFICATES REQUIRED Class 3 California Driver's License. ��ul CITY OF ARCADI.A AMENDED BY PERSONNEL BOARD 5,10.190 AMENDED BY CITY COUNCIL 6/5!90 AMENDED BY HUMAN RESOURCES COMMISSION 8/11/94 AMENDED BY CITY COUNCIL 9/6/94 CODE SERVICES OFFICER DEFINITION Under general supervision, to enforce health, occupancy, zoning, land use and public nuisance code provisions; to investigate complaints; and to perform related work, as assigned. RESPONSIBILITIES Exercises judgment in recognizing and resolving problems which deal with policy and procedural matters. Enforces various City codes and ordinance and keeps accurate records of violations. Evaluates, develops and implements various inspection and enforcement procedures. EXAMPLES OF DUTIES Enforce a variety of occupancy, public nuisance, zoning and land use regulations. Inspect premises to verify type of business and detect and advise property owners of violations of code provisions. Respond to complaints of alleged violations. Investigate suspected violations of health, safety, zoning, public nuisance, or other code violations and take follow -up actions, as necessary, to assure compliance. Coordinate the enforcement activities of the County Health Services with the appropriate City departments. Enforce and administer City ordinances with regard to storage of vehicles, non- conforming land uses, commercial signing, and related codes and ordinances. Testify in court, as required. Maintain inspection files and records. Write reports, letters and citation narratives. In Code Services Officer Page 2 Administer the graffiti removal program. Perform related duties, as assigned. DESIRABLE SKILLS, KNOWLEDGE AND ABILITIES -..- . General characteristics of a wide variety of business and residential structures and areas commonly requiring adherence to zoning and public nuisance regulations. General characteristics of zoning, health, safety, public nuisance and business license codes and regulations enforceable by the City. Investigative techniques useful in inspecting residential, business and non - conforming land use activities to ensure compliance with code and ordinance requirements. Ability o: Interpret and explain code provisions to property owners and others in a courteous and effective manner. Use procedural and orderly processes to assure compliance of local codes and ordinances. Operate computer equipment. Enforce codes with firmness, tact and impartiality. Communicate clearly and concisely, orally and in writing. Conduct work in a safe manner in accordance with established policy. Establish and maintain effective working relationships with other employees and the public. DESIRABLE EXPERIENCE AND TRAINING Experience: One year of code enforcement, building, construction or related experience, preferrably in the public sector. Code Services Officer Page 3 • Equivalent to two years of college. A combination of equivalent experience and training that would provide the required skills, knowledge and abilities would be qualifying. LICENSES /CERTIFICATES REQUIRED Class C California Driver's License. C? err' ✓` STAFF REPORT POLICE DEPARTMENT DATE: April 6, 1999 TO: William R. Kelly, City Manager FROM: Ronnie D. Garner, Assistant City Manager /Chief of Police By. Nancy Chik, Management Analyst __9 SUBJECT: Report and Recommendation to Authorize the Police Department to Fill Two Police Officer Positions and One Records Clerk Position. SUMMARY The Police Department currently has two vacant police officer positions and one records clerk position. All three positions have been budgeted in FY 1998 -1999, and staff requests authorization to fill the vacancies. DISCUSSION Last month three positions became vacant when two police officers resigned and one records clerk retired from the Department. Police Officer The hiring process for police officers is long and involved. After a recruitment process, candidates undergo a series of tests including a written test, an oral board examination, a physical agility test, a polygraph test, a psychological examination, a medical examination, and a background investigation. The testing process takes several months. Our personnel rules and federal law require that we make a conditional offer of employment to prospective employees. This conditional offer means that we will appoint the candidate to a vacant position, if the candidate successfully completes the testing, background, and training process. Candidates who successfully pass the testing process are hired as law enforcement recruits (a temporary position without benefits) and enrolled in the Rio Hondo Police Academy basic course. After 18 weeks of intensive training at the academy, our law enforcement recruits graduate prepared to begin their careers as police officers. LASER IMAGED %w Records Clerk The Records Bureau is the informational hub of the Police Department, and records clerks provide clerical support in the section. The clerks work three different shifts in order to provide 24 -hour a day coverage to handle report processing, records information requests, and computer data input. CONCLUSION In order to maintain the quality of life in the community and to fulfill the Department's objectives, appropriate staff must be in place. Therefore, it is essential that the three vacancies mentioned be filled. FISCAL IMPACT None. The positions have been approved in the current budget. RECOMMENDATION It is recommended that the City Council move to authorize the hiring of two police officers and one records clerk to fill the vacant positions. Approved: n4� William R. Kelly, City Manager 'RftltAT60 STAFF REPORT OFFICE OF THE CITY CLERK APRIL 6, 1999 TO: MAYOR KOVACIC AND MEMBERS OF THE CITY COUNCIL FROM: JUNE D. ALFORD, CITY CLERK 2C of SUBJECT: REPORT AND RECOMMENDATION TO A �HORIZE THE CITY CLERK TO FILL THE POSITIONS OF SECRETARY AND TYPIST CLERK II SUMMARY The City Clerk is requesting authorization to fill the Secretary and Typist Clerk II postions in the City Clerk's office. These positions are fully funded in the FY 1998 -1999 Operating Budget and included in the proposed FY 1999 -2000 budget. R A rununTTrTn The vacancy in the Clerk's office occurred as a result of the resignation of the Clerk's secretary who accepted a position with another agency in August of 1998. Since that date the current Typist Clerk II has assumed many of the responsibilities of this secretarial position and is eligible to be appointed to the classification of Secretary. This will result in a vacancy of the Typist Clerk II position, which is currently being filled by a temporary employee. FISCAL IMPACT None. Funds for these positions are included in the FY 1998 -1999 Operating Budget for the City Clerk's office. RECOMMENDATION It is recommended that the City Clerk be authorized to fill the positions of Secretary and Typist Clerk II in the Clerk's office. LASER IMAGED STAFF REPORT ADMINISTRATIVE SERVICES DEPARTMENT APRIL 6, 1999 TO: Mayor and City Council FROM: James Dale, Director Administrative Services /- BY: David T. Bell, Risk Manager 96 SUBJECT: Resolution No. 6107 a Resolution of Intention to Approve an Amendment to Contract for the Public Employees' Retirement System Military Service Credit for Miscellaneous Members and Ordinance No. 2104, an ordinance of the City Council of the City of Arcadia Authorizing an Amendment to the Contract between the City Council of the City of Arcadia and the Board of Administration of the California Public Employees' Retirement System. SUMMARY Adoption of Resolution No. 6107 and Ordinance No. 2104 is required by the Government Code. This resolution and ordinance allows the City to contract with the Public Employees Retirement System to permit miscellaneous employees to purchase service credit for military service. DISCUSSION $$ On November 17, 199�t, Resolution No. 6085 was passed which established compensation and related benefits for employees represented by the California Teamsters for the Confidential /Supervisory/Professional Unit and the General Employee Unit for fiscal year 1998 -1999. One of the agreements that was included in Resolution No. 6085 was a provision to contract with the Public Employees Retirement System to permit employees to purchase service credit for military service. Under this resolution, an employee may purchase up to four years of service credit for any continuous active military or merchant marine service prior to employment. FISCAL IMPACT There are no fiscal impacts associated with Resolution No. 6107 and Ordinance No. 2104. The purchase option provides that the employee pays both the employee and employer portions of the retirement contributions. LASER IMIAGED in April 6, 1999 Page Two M RECOMMENDATION It is recommended that the City Council approve Resolution No. 6107, a Resolution of Intention to Approve an Amendment to Contract for the Public Employees' Retirement System Military Service Credit for Miscellaneous Members and Introduce Ordinance No. 2104, an ordinance of the City Council of the City of Arcadia Authorizing an Amendment to the Contract between the City Council of the City of Arcadia and the Board of Administration of the California Public Employees' Retirement System. APPROVED: Qy�m William R. Kelly, City Manager cc. Michael Miller, City Attorney P riri ✓ STAFF REPORT MAINTENANCE SERVICES DEPARTMENT April 6, 1999 TO: MAYOR AND CITY COUNCIL FROM: PAT MALLOY, MAINTENANCE SERVICES DIRECTOR I PREPAPRED BY: GARY F. LEWIS, GENERAL SERVICES MANAGER REVIEWED BY: JAMES DALE, ADMINISTRATIVE SERVICES DIRECTOR- — SUBJECT: REPORT AND RECOMMENDATION TO AUTHORIZE AN ADDITIONAL APPROPRIATION OF $350,000 FOR WATER METER SERVICE CONNECTIONS AND INCREASE REVENUE ESTIMATE FOR METER CHARGES BY $350,000 SUMMARY As previously discussed at the December 1, 1998 regular meeting of the City Council, the City's Water Meter Service account finances the installation of water metering services for all new residential /commercial developments and upgrades to existing services. This account is reimbursed by charges to the customer for all work done. Historically the amount annually budgeted for this account has remained relatively stable at a figure between $100,000 - $150,000. However, this fiscal year, a significant unanticipated increase in local development has resulted in an inordinate number of requests for meter service installations. These requests have resulted in a current level of expenditures that has far exceeded the annual budget for this account. At the December 1, 1999 City Council meeting, staff requested and received authorization for an additional appropriation of $300,000 for this account. However, this amount was insufficient to keep pace with local development and staff concludes that the trends in service requests and subsequent expenditures, will continue throughout the year. In order to continue the uninterrupted operation of this vital public service that is central to the growth and development of the community, staff is once again requesting that the City Council authorize a second additional appropriation in the amount of $350,000. This would be offset by an increase of $350,000 in estimated revenue, which is collected in advance from developers and contractors for the work to be done. The Water Fund will not be adversely impacted by this accounting transaction. LASER IMAGED Mayor and City Council April 6, 1999 Page 2 DISCUSSION Residents, businesses and property developers are charged service installation fees when new water metering services are installed or upgraded for use by their property. These fees are collected by the City and used to pay for the subsequent installation of new services. Each year, during the budgeting process, the Water Section reviews previous trends to establish a reasonably accurate determination of the number of meter service installations that will be requested during the fiscal year. The analysis is based on a number of variables including previous budget trends, anticipated new development and a contingency for unanticipated development. Over the last few years, the Water Section has been installing approximately 65 -90 meter services per year. To date this year, 168 meters have been installed. Development Services Department records also indicate that another 383 permits have been pulled for improvement projects and 109 plan checks are in process for new developments. It is likely that some of these outstanding projects will not need meter service installations but most, particularly the new developments, will need meter service installations. It should be noted that authorization of this additional appropriation will not impact the Water Fund. Based on this years activity, staff will be requesting a $750,000 budget appropriation for this account in Fiscal Year 1999/00. FISCAL IMPACT No fiscal impact. All expenditures are paid in advance for all work done. RECOMMENDATION It is recommended that the City Council: Appropriate an additional $350,000 from the Water Fund for additional meter service connection installations for fiscal year 199' /98!(account 520- 400 -7205- 7570) and direct staff to record a $350,000 increase in estimated meter charges (account 520 - 300 - 0000 -3510) for customer charges. PM:DAL:beb Approved By: --(4nLVA WILLIAM R. KELLY, CITY MANAGER STAFF REPORT MAINTENANCE SERVICES DEPARTMENT April 6, 1999 TO: Mayor and City Council FROM: Pat Malloy, Maintenance Services Director I Prepared by: Bryan E. Boeskin, Management A ly t Reviewed by: Jan Steese, Purchasing Officer SUBJECT: REPORT AND RECOMMENDATION TO COOPERATIVELY PURCHASE, WITH THE CITY OF PASADENA, (2) 1999 FORD 8800 GROSS VEHICLE WEIGHT PICK -UP TRUCKS WITH UTILITY BODIES FROM ROBERT H. LOUD FORD AT A COST OF $ 48,822.96 FOR THE MAINTENANCE SERVICES DEPARTMENT SUMMARY It is recommended that the City Council award a purchase contract for two (2) 1999 Ford 8800 Gross Vehicle Weight (GVW) pick -up trucks with utility bodies to Robert H. Loud Ford in the amount of $48,822.96 for the Maintenance Services Department. This acquisition will be facilitated through a cooperative purchase with the City of Pasadena. Staff has determined that Robert H. Loud Ford is a qualified dealership and the 1999 Ford 8800 - GVW pick -up trucks meet the City's specifications. DISCUSSION One (1) 1999 Ford 8800 -GVW pick -up truck will replace one (1) 1986 Chevrolet 8700 -GVW utility truck for the Greenscape Unit. The other truck will replace one (1) 1989 Chevrolet 8700 -GVW utility truck in the Sewer Unit. Both of the existing trucks are high - mileage vehicles that are in marginal condition and require frequent service and repair. Current maintenance costs for these vehicles are excessive and merit replacement. Staff has investigated the possibility of a cooperative purchase with another larger public agency for the purchase of vehicles with specifications equal to or greater than the City of Arcadia's. The City of Pasadena, in cooperation with Robert H. Loud Ford of Pasadena, California has authorized the City to "piggy- back" on their purchase order at significant savings to the City. Public agencies often utilize other agencies formal bidding results (known as a cooperative purchase or "piggy- backing" on the contract) when the agreement between the agency and the vendor meets the specifications of the using agency. Staff has purchased these type of vehicles from Robert H. Loud Ford before and has determined that it is a qualified dealership and that the 1999 Ford 8800 GVW Trucks meet the City's specifications. LASE? IMAGED "41"1" " "';;/ co/v_ /Y /_ M Mayor and City Council April 6, 1999 Page 2 FISCAL IMPACT E5 Funds in the amount of $60,000 are budgeted in the 1998/99 Capital Budget for the purchase of these two vehicles. The total cost to purchase both 1999 Ford 8800 GVW Trucks with utility bodies for the Maintenance Services Department is $48,822.96. RECOMMENDATION It is recommended that the City Council: 1. Enter a purchase contract with Robert H. Loud Ford in the amount of $48,822.96 for the purchase of two (2) 1999 Ford -8800 GVW Trucks with utility bodies. 2. Waive the Competitive Bidding process and piggy -back on the City of Pasadena's bid and award a contract for the purchase of two (2) 1999 Ford - 8800 GVW Utility Trucks from Robert H. Loud Ford in the amount of $48,822.96. 3. Authorize the City Manager to execute a purchase contract in a form approved by the City Attorney. PM:BEB:ds Approved by: .—!A. WILLIAM R. KELLY, CITY MANAGER 096-0 —I,6 April 6, 1999 TO: MAYOR AND CITY COUNCIL FROM: KENT ROSS, CITY LIBRARIAN SUBJECT: REPORT AND RECOMMENDATION TO ACCEPT A MONETARY GIFT OF $10,000 FROM THE FRIENDS OF THE ARCADIA PUBLIC LIBRARY FOR THE PURCHASE OF LIBRARY MATERIALS Summary: The Friends of the Arcadia Public Library, as part of their support of Library services, is offering the Arcadia Public Library a donation of $10,000 for the purchase of library materials. Discussion: This money is being donated to the Arcadia Public Library as a regular part of the Friends of the Arcadia Public Library's continued support achieved through their fundraising efforts. These funds are used for the purchase of library materials (books, video and audio cassettes, magazines, etc.) for both the Adult and Children's Services divisions. All gifts to the Library are subject to approval by the City Council pursuant to City Charter article VIII section 809 (d). Fiscal Impact: The Library will experience an added $10,000 to its budget allocation for fiscal year 1998/99. Recommendation: It is recommended that the City Council approve the receipt of the $10,000 donation to the Arcadia Public Library from the Friends of the Arcadia Public Library for the purchase of library materials. Approved by: - ' M `'� William R. Kelly, City Manager L � - R ► Ali �� cow. �y6. O u-7U - 7 („ 4° MEMORANDUM °oussv. OFFICE OF THE CITY ATTORNEY Date: March 11, 1999 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: MICHAEL H. MILLER, CITY ATTO Y RONNIE GARNER, POLICE CHIEF SUBJECT: ORDINANCE NO. 2101 REGARDING AMENDMENTS TO DAYTIME LOITERING STATUTE SUMMARY The attached ordinance amends existing provisions of the Arcadia Municipal Code to comply with a recent court decision involving a similar ordinance. The substantive effective of the ordinance amendment is to add two new exemptions to application of the curfew provisions as set forth at sub - sections (e) and (f) to Section 4251. DISCUSSION Exemptions (a) through (d) in the attached ordinance are part of the existing Arcadia Municipal Code. In a recent court ruling involving a similar ordinance (Monrovia), it was determined that two additional exemptions are necessary in order to avoid a conflict between State and Local law. Accordingly, pursuant to the revised ordinance, in addition, to exemptions (a) through (d), the following are added. In these situations, the daytime curfew (truancy) ordinance does not apply: New Section (e) - When the minor is exempt by law from compulsory continuation education. New Section (f) - When the minor is authorized to be absent from his or her school pursuant to the provisions of California Education Code Section 48205, or any other State or Federal law. Education Code Section 48205 deals with excused absence for certain prescribed reasons such as illness, court appearances, funeral services, etc. LASER RAGED None Move to introduce Ordinance No. 2101 amending Section 4251 of the Arcadia Municipal Code relating to Daytime Loitering by Minors and return for adoption at the next City Council meeting. CONCURRED: yn�+ William R. Kelly City Manager c: Attachment �..,,,t•. MEMORANDUM POLICE DEPARTMENT DATE: February 10, 1999 FfflQ% TO: Michael H. Miller, City Attorney } I FROM: Ronnie Garner, Assistant City Manager /Chief of Polic 't;,'GRl` TORN ' C-- SUBJECT: Truancy Ordinance - Section 4251 of the Arcadia Municipal Code Background On April 2, 1996, the City Council adopted Ordinance 2046 establishing Section 4251 of the Arcadia Municipal Code - Daytime Loitering by Minors. The new section provided that truants from public education could be stopped and cited by police. Discussion On January 29, 1999, Los Angeles County Superior Court Judge Carolyn Kuhl ordered Monrovia to stop enforcing their truancy law. Judge Kuhl based her decision on the fact that the Monrovia truancy ordinance contradicts state law insofar as it allows a minor to be cited for an infraction under circumstances where state law expressly excuses a minor from school attendance. In other words, the Monrovia ordinance is more restrictive than the Education Code. We believe that this flaw can be corrected by adding the truancy exemptions of the Education Code to our ordinance. Recommendation We recommend;that:WV- Tevise ur- ordifim- �to- include- the- Educatior.Code- exemptiA Jor truancy. RG:mtf � r MEMORANDUM OFFICE OF THE CITY ATTORNEY Date: Februa�8,19991999 TO: CHIEF OF POLICE FROM: CITY ATTORNEY SUBJECT: CURFEW ORDINANCE It appears to me that the Arcadia ordinance may be subject to the same problem confronting Monrovia with regard to the attached trial court decision on a summary judgment motion. The court dealt specifically with an inconsistency between the Monrovia ordinance and the State Education Code. More significant Constitutional issues were mentioned by the Court but not applied in this case. Please review while I check with the Monrovia City Attorney on possible municipal code amendments. You may wish to check with their Police Department before we discuss. a� so PS ,NCRroRAT 0 STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT DATE: April 6, 1999 TO: Chairman and Board Members FROM: Don Penman, Deputy City Manager /Development Services Director `/ By: Pv Pete Kinnahan, Economic Development Administrator SUBJECT: REQUEST BY ESA MANAGEMENT, INC. AND RECOMMENDATION TO APPROVE CERTIFICATE OF COMPLETION FOR A 120 ROOM EXTENDED STAY AMERICA HOTEL SUMMARY The, Agency approved a Disposition and. Development Agreement (DDA) on February 18, 19X7 with Emkay Development Company, for a 3.3 acre parcel north of Santa Clara and east of Santa Anita Wash (Attachment 1). The DDA was subsequently assigned in part to ESA Management, Inc. (ESA). Pursuant to the DDA, ESA was to design and construct a 120 room Extended Stay America hotel on a 2.3 -acre parcel at 401 E. Santa Clara Street. The hotel opened in May 1998. ESA has requested issuance by the Agency of the Certificate of Completion (Attachment 2). Staff recommends approval of the Certificate of Completion (Attachment 3). DISCUSSION The Agency in 1987 negotiated a Disposition and Development Agreement (DDA) with Emkay Development Company for a 48,600 sq. ft-office development on the triangular 3.3 acre parcel north of Santa Clara and east of the Santa Anita Wash (See Site Map, Attachment 1). Development of the site was impacted by discovery of buried debris and hazardous waste; the cleanup was financed by the previous owner who caused the problem. In February 1997, Emkay received Agency approval to split the property into two parcels and to sell the 2.3 acre western parcel to ESA for a hotel. Emkay also received Agency approval in December 1997 to sell the remaining one -acre parcel to ICD /Heateflex for their office headquarters and assembly plant, which is now in plan check. LASE IMAGED P�� 'q ,,�'4 3,A Extended Stay America April 6, 1999 Page 2 Extended Stay America opened the hotel in mid -June 1998. They have requested Agency approval of the DDA Certificate of Completion (Attachment 3). Staff recommends approval of the Certificate of Completion based on ESA's compliance with the conditions of the DDA. FISCAL IMPACT There is no fiscal impact by approval of the Certificate of Completion. The hotel will generate approximately $50,000 annually to the Agency as tax increment and over $100,00 annually in Transient Occupancy Taxes (T. O.T. - bed tax) to the City. RECOMMENDATION It is recommended that the Agency approve the Certificate of Completion (Attachment 3) with Extended Stay America, Inc., subject to minor revisions as to form approved by the Agency Attorney. Approved By: M ` William R. Kelly, Executive Director COLORADO 111AD. 0 I T r ST M. > vacant z t ST 8942 S. 109-58 Water Division LOT I Reservoirs z K - - AVC 3 r L OLIVE T" t m M'. Itesidence Inn U Frubassy I h 1111) to 11 Suites 11111 Conit. AVE! Yi rd % Landmark Center Derby Souplantation Restaurant Restaurant P M 7 < L 111NTINCTON DR. FL VICINITY MAP 401 E. Santa Clara Street T NORTH TPM 97-003 (24755) Scale: I inch = 300 feet ATTACHMENT 1 vicant S SANTA CLARA ST. VnCant Itesidence Inn U Frubassy I h 1111) to 11 Suites 11111 Conit. AVE! Yi rd % Landmark Center Derby Souplantation Restaurant Restaurant P M 7 < L 111NTINCTON DR. FL VICINITY MAP 401 E. Santa Clara Street T NORTH TPM 97-003 (24755) Scale: I inch = 300 feet ATTACHMENT 1 TENTATIVE PARCEL MAP N0. 24755 YY IO F uuuxxnult .. .... '.4ti. ,4 �! ' I _ .__ I f _ +r.rW...�. �. rl. wry. �•. r.r Pmcal.. E.S.A. " N I -- r„ f 5-62 ACffS YACAKF LAW F Oros F LAW >. .r 0.%5 O An �.. .w..._. _...r.. - -..r.r u- i�p K. �- �,- -••�.= �___fwwt w. +wrf - _`•-_ - ..,. •,�� ___ _.._ ._ �. � .r i, �- .._..a r.,�_r..,..,,rr. %wA aAa SIISCI �fu 4w�'II \�.•Y� AIDXF r TENTATIVE; PARCEL N0. 2.1755 Nrn,. I\ \ —, ii'1iSF7.T./a ��vr.rfa.�R_--- ..e..+ 0-a A.AO �.1w •wwn�rw \ \ V .r♦.RA . ^ W ,wr.w IflAf W nw MO •N �N ,�� YY tY[ •lrw. . Awf.b Vw.r N/ .r • Mnr.w w b A Nf 0 . )/ W.v ... •.nww ArRV f F Oros F LAW >. .r 0.%5 O An �.. .w..._. _...r.. - -..r.r u- i�p K. �- �,- -••�.= �___fwwt w. +wrf - _`•-_ - ..,. •,�� ___ _.._ ._ �. � .r i, �- .._..a r.,�_r..,..,,rr. %wA aAa SIISCI �fu 4w�'II \�.•Y� AIDXF r TENTATIVE; PARCEL N0. 2.1755 Nrn,. EXTENDED STAYAM E R ICA,, March 2, 1999 Mr. Pete Kinnaman Economic Development Administrator City of Arcadia 240 West Huntington Drive Arcadia, CA 91007 RE: Request for Certificate of Completion Extended Stay America No. 916 401 East Santa Clara Street, Arcadia, CA Dear Mr. Kinnaman; Via Fax and US Mail (626) 447 -3309 RECEBYED (BAR 4 - 19g9 Development Services Pursuant to our conversation this morning, this letter shall formally request that a Certificate of Completion be issued by the Arcadia Redevelopment Agency for the above referenced Assignee Project in accordance with Section 4.15 of the Disposition and Development Agreement, dated February 18, 1997. 1 have attached a copy of our Certificate of Occupancy, dated June 10, 1998, for reference. Should you have any questions or need any additional information, please do not hesitate to contact me at (562) 981 -5895. Thank you for your assistance in this matter. Sincerel , Michael J. 9 allen Senior Construction Manager cc: Dan Matula, ESA Julien Pearl, ESA StudioPLUS. Deluxe Studios EXTENDED STAYAMERICA, EFFICIENCY STUDIOS Crossland ATTACHMENT 2 �I 1` P:� P, 1 ei °eoo 'oa 0 0l 1 1 eme e: U a a U a z 0 a N 'I o- ° ? ° ° -e •- o -r*-o ° - ° - -r i ° •- • e-o -� ° -u a• e- - ^6a - e-. v.. -:e' �- aee��at eeo°oe°ee° i° ° °° e•° ° •� °e °° o °o °�° °�• ° ° ° °° e°e° • • oo a • • �I) lll� o °o °o e ve �e 'o e�eevo e N -•^ -i • e o. • . -• i e-• -e -.: :v a a e - e- ° °'e . 9 o a 4 ~ o ✓�' N n O y 4 L R � U ea a 5u � U � o at V u a�b '3Y3o Q ti z H 0 N ba A L c E U a a U a z 0 a N 'I o- ° ? ° ° -e •- o -r*-o ° - ° - -r i ° •- • e-o -� ° -u a• e- - ^6a - e-. v.. -:e' �- aee��at eeo°oe°ee° i° ° °° e•° ° •� °e °° o °o °�° °�• ° ° ° °° e°e° • • oo a • • �I) lll� o °o °o e ve �e 'o e�eevo e N -•^ -i • e o. • . -• i e-• -e -.: :v a a e - e- ° °'e . N n L R � U ea a Q ti z ba A L c L .. 4 U U do .-� � •0 O c 000 a y r•r 1 a �Ln f/1 4J 1w 0 U a a U a z 0 a N 'I o- ° ? ° ° -e •- o -r*-o ° - ° - -r i ° •- • e-o -� ° -u a• e- - ^6a - e-. v.. -:e' �- aee��at eeo°oe°ee° i° ° °° e•° ° •� °e °° o °o °�° °�• ° ° ° °° e°e° • • oo a • • �I) lll� o °o °o e ve �e 'o e�eevo e N -•^ -i • e o. • . -• i e-• -e -.: :v a a e - e- ° °'e . When Recorded, Mail to: ESA Management 2525 Cherry Ave, Suite 310 Siqnal Hill, CA 90106 CERTIFICATE OF COMPLETION We, Gary Kovacic , Chairman and June Alford Secretary of the Arcadia Redevelopment Agency (the "Agency ") hereby certify as follows: By its Minute Order, adopted and approved April 6, 1999, the Agency has resolved as follows: Section 1. The improvements required to be constructed in accordance with that certain Amended and Restated Disposition and Development Agreement (the "Agreement ") dated February 17, 1997, by and between the Agency, Emkay Development Company, the "developer," and ESA Management Inc., a Delaware Corp. (the "assignee ") on that certain real property (the "Property') more fully described in Exhibit "A" attached hereto and 'incorporated herein by this reference have been completed in accordance with the provisions of said Agreement. Section 2. This Certificate of Completion shall constitute a conclusive determination of satisfaction of the agreements and covenants contained in the Agreement with respect to the obligations of the Developer, and its successors and assigns, to construct and develop the improvements on the Property, excluding any normal and customary tenant improvements and minor building "punch -list" items, and including any and all buildings and any and all parking, landscaping and related improvements necessary to support or which meet the requirements applicable to the building and its use and occupancy on the Property, whether or not said improvements are on the Property or on other property subject to the Agreement, all as described in the Agreement, and to otherwise comply with the Developer's obligations under the Agreement with completion of construction of improvements thereon under the covenants surviving this Certificate of Completion in accordance with the terms and conditions of the Agreement and the grant deed pursuant to which the Property was conveyed under the Agreement. Said Agreement is an official record of the Agency and a copy of said Agreement may be inspected in the office of the Secretary of the Arcadia Redevelopment Agency located at the City Hall, 240 West Huntington Drive, Arcadia, California 91007, during regular business hours. ATTACHMENT 3 Section 3. The Property to which this Certificate of Completion pertains is more fully described in Exhibit "A" attached hereto. DATED AND ISSUED this 6th day of April, , 1999, Chairman of the Arcadia Redevelopment Agency (SEAL) ATTEST: Secretary of the Arcadia Redevelopment Agency /_V0UTe7.'IAI:4►10 EXHIBIT A TO CERTIFICATE OF COMPLETION Legal Description of Assignee Parcel Parcel 1 of Parcel Map No. 24755, in the City of Arcadia, County of Los Angeles, State of California, as per plat recorded in Book 278 of Parcel Maps, pages 17 through 18 , inclusive, records of said County. /�/j .��1JvM�•, Grand i.7? �rJ ile17DUQtf; • ' m� STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT April 6, 1999 • TO: Mayor and City Council FROM: Don Penman, Deputy City Manager/Development Services Director By: Donna Butler, Community Development Administrator SUBJECT: REQUEST FROM • LOS ANGELES TURF CLUB, INC. AT 285 • - WEST HUNTINGTON • DRIVE TO:_ APPROVE . A 24-HOUR .. CONSTRUCTION SCHEDULE, SEVEN DAYS_ A WEEK FOR RENOVATION OF THE SANTA ANITA PARK GRAND STAN DS BETWEEN APRIL 20 AND SEPTEMBER 29, 1999 The City has received a request from the Los Angeles Turf Club, Inc. (LATC) to allow-a 24-hour a day construction schedule, seven days a,week for renovation of the grandstands at Santa Anita Park The LATC wishes to begin the work on • .April 20 and complete the renovation before._the :Oak: Tree..season opens on September 29: The Development Services Department is recommending approval of the request • :'subject to-the conditions set forth in this.report.-:, : a - BACKGROUND:: . • ..-• _. . The Los Angeles Turf Club (LATC):is proposing to renovate, and enhance the grandstand area of Santa Anita Park that will include the areas listed below. The current plan is to commence construction on April 20 immediately: after the close of the racing season with a completion date of September 25;in time for the Oak Tree-season., * - :. • In order to meet this ambitious time schedule LATC is proposing to work seven -- days a-week, 24 hours a day (in three eight-hour shifts). Section 4263 of the Arcadia Municipal Code permits the Building Official to grant waiver of the City's "prohibited hours .The Development: Services Department determined that LATC's request for 24-hour operation surpassed the hours of operation generally approved by the Building Official and is referring this matter to the City Council for consideration. -SART99/April6ccrpt LATC Report LASER IMAGED April 6, 1999 Page 1 DISCUSSION The construction activities proposed by Santa Anita include the following: • Renovation of the grandstand area which will involve minor demolition of concrete to access existing steel columns, and reconstruction throughout the area to create a skybox level as well as a bar and restaurant level. • Remodel of the Grandstand Terrace area from the base of the grandstand boxes to the edge of the dirt track. A new horse-walking track will be constructed in this area and a new terraced seating and walkway section will be constructed. ' • • Creation of a Grand Hall area. . This involves the most extensive demolition work: Demolition will consist of the removal of the concrete deck areas from the grand stand elevation-to the mainline elevation and construction of a grand hall. . \' • Construction of two elevator towers on the south side of the grandstand to access the existing facility and the new building areas including the main line, mezzanine, skybox and kitchen levels. • • Construction of new restaurant building area to house the. new kitchen and support facilities. This will be located along the front of the existing, terrace _ • ° '' areas on the east side of the grandstands:-;. `' _;; • With the addition of the kitchen and elevators, some changes will be made to the building elevation on the south side of the grandstand (facing_Huntington Drive). Because of the expedited schedule<.and:-phased- program, Santa Anita has not yet submitted their architectural plans for this work. In meetings with staff, the architects for Santa Anita have indicated that the changes to the facade to the façade to accommodate the grandstand remodel-will be compatible with the existing architecture.. - • Proposed Mitigation Measures : • = - • ' With the requested extended construction hours, a number of issues will need to be addressed, 'such as noise, light, construction traffic, and delivery and movement of materials. • =. The majority of construction will take place on the trackside of the Santa Anita facility inside of the'grandstand: Homes & Narver, the project architects have proposed mitigation measures to reduce the impact of noise to the surrounding residents. A copy of their plan is attached for Council's information. SART99/April6ccrpt LATC Report April 6, 1999 Page 2 • Staff has reviewed the measures submitted by Santa Anita and is recommending approval of the extended hours subject to the following conditions: 1. All deliveries and pick-ups of material to and from the site shall be prohibited between the hours of 9:00 p.m. and 7:00 a.m. 2. An insulated sound blanket shall completely enclose the construction area, including along each end of the grandstands and around the towers facing Huntington Drive. This insulation blanket will serve two purposes: (1) to ' -reduce any construction noises that may occur during any shift of construction and (2) block and reduce light from the inside of the grandstand. .The sound - blanket material and-specifications shall be submitted to the. Deputy City Manager/Development Services Director for review and approval.. 3. Major construction ac tivities such as demolition and other activities creating •sextensive noise shall be'scheduled during the first and/or second shifts only (shift-1 will be approximately from 7:00 a.m. - 3:30 p.m:, and shift 2'from 3:00 p.m to 11:30 p.m.) However, no major construction work or demolition shall • be done after 7:00 p.m. unless the impact can be mitigated to the satisfaction of City Inspectors. • 4. A job superintendent (not foreman) shall be on-site:.at all times during the hours of construction for each shift. A job superintendent shall be someone • - with authority_ and is-available to address.and resolve issues. on-site during = - construction activity. , _} . , 5. A public awareness hot line providing immediate response to any complaints shall be answered 24 hours la day by a person, or reference,another,number that will be answered by a person (such as the on-site superintendent):=.___-=. 6. The City (Deputy CityrManager/Development.Services Director);reserves the right to rescind or restrict the hours of construction if the 'City •receives . excessive noise complaints during non-construction hours (between 7:00 p.m. • •and 7:00 a.m.). 7: Delivery and construction related.,vehicles shall be prohibited-,from .utilizing surrounding residential streets and shall only access.the site through_Gate;8. Other gates may only be utilized with advanced approval Of the Deputy City Manager/Development Services Director. 8. During any type of excavation or backfill operation a water truck or water hose will be used to control any dust that may occur.. The use of water will also be used for demolition to control air born dust. 9. During any heavy hauling into or out of the facility, 'a water truck will control dirt and dust along the hauling route. Upon any build up of construction sART99/April6ccrPt • LATC Report • April 6, 1999 • Page 3 debris a sweeper will maintain the access road as well as any public road that may be affected. If necessary (as determined by City Inspectors), a truck washing area will be set up to clean trucks prior to leaving the facility. FISCAL IMPACT ' It is anticipated that most City inspections will occur during normal business hours and will be paid for through the normal building permit fees. If inspections by City staff are necessary during the extended hours, these added. costs will financed • by Santa Anita: For the Council's information, certain., specialty inspections, related to structural steel and concrete work,will,_be required., Santa Anita will directly ctly contract With firms that provide this expertise. These inspectors are required to submit their inspection reports to City, staff for our review and approval. LATC has scheduled a meeting with residents north of the track, east of Baldwin Avenue'.to explain the overall construction program and..,work with=:them to address; issues' 'related to' the activity. Additionally, LATC' has discussed the Project with the President- of^the Santa: Anita' Residents"Association (Lower Rancho). • ENVIRONMENTAL IMPACT- The` project' involves'remodeling of the, interior:of`the: grandstand: area. No discretionary approvals are required from the City and as a result this project is considered Ministerial per Section 15268(b)(1) of the CEQA guidelines. 3 •-• Z ° Ai F° °l .- •i. ;Fii 'p .- :1:; :'. ri, ';. � ZZ _ < tr:•";ii is -.. - ,».._..� RECOMMENDATION ` 1 z: , y { ; The DeVelopment Services Department recommends approval of the extended hours subject to:conditions 1'through 9 set forth above ACTION ' , ,,. :?c.... • If the City. Council concurs with the request from the Los Angeles Turf Club, the Ci Council should move to 'approve- the extended hours of operation subjectto the conditions set forth in this report or as amended:.:::; Attachments: Request from LATC and related Mitigation Plan . .. ,. . ,. .. . . ~_ . :• ..: .. Approved: _WS& ' • William R. Kelly, City Manager SART99/April6ccrpt LATC Report April 6, 1999 • Page 4 � Rr T.D.AUSTIN Vice President March 22, 1999 Mr. Don Penman Deputy City Manager/Development Services Director City of Arcadia 240 W.Huntington Drive Arcadia, CA 91007 Dear Don: • RE: LOS ANGELES TURF CLUB — EXTENDED CONSTRUCTION HOURS At the conclusion of our live racing Winter Meet,we will embark on improvements to our grandstands. These improvements will require extended work hours for construction trades to complete the work within the prescribed time frame (September 25, 1999). Accordingly,we request your consideration of extending the hours of construction to 24 hours per day. We understand the concerns-the community may have concerning noise and light reflection during nighttime hours. Accordingly,please find enclosed the following: • Mitigation Plan summary describing how we intend to address noise,tradesmen.access, dust control,lighting, and homeowner calls concerning these issues. • Mitigation site plot plan. • Construction lighting plot plan. • Sample of sound and light control blanket. Los Angeles Turf Club, Incorporated 285 W. Huntington Drive, P.O. Box 60014,Arcadia, CA 91066-6014 (626) 574-7223 Fax (626) 446-9565 Sir 1 I WznaV Mr. Don Penman March 22, 1999 Page 2 We will be contacting the President of the adjacent Homeowners'Association to explain our overall goal and how we may work with them to alleviate issues that may arise during the course of the renovation. We would appreciate any input you may have regarding the above. Sincerely, • Enclosures cc: Bill Scrimpsher,Holmes &Narver `:=' ' `' • • Doc.No.001016 • • • • • 'A , .I.,- . t ti olir t1. 1 t• 4..M t ,till . ATI 7- ., .. a . . e V. T ,.» �• x tom, J a i { D. 4•f• • tom' 1 '- y a4 1 t.1R"'. - S. i _ }. .. -4.4.•�t 4 r• .R..a: . . '..,i1: Ott r ;'./ 1 • J F t .�" �z.,,,, .7,. h e s ,:L...C. .. �•' ` ' wi l J 1,;� ��• ■ .. T.,. �YI•.1♦" JET■ Hl .-!-_:7;.:44,.,.• ...t i r . F .-. • . o mes_ arver •Construction Mitigation Plan Santa Anita Park - - Grandstand Renovation Project • • • • • • • Santa Anita Park Mitigation Renovation. Plan Index 1: City request letter 2: AQMD Mitigation Plan for the Grand Stand Renovation Project 3: Saddleback Insulation sound blanket data and references 4: Mitigation Plot Plan 5: Construction Lighting Plot Plan 6: Cross section and plan section drawings for the Grand Hall Demolition • . . H&N Holmes&Narver March 16, 1999 To:The City Of Arcadia 240 West Huntington Drive Arcadia Ca 91066-6021 Attention:Mr.Greg Gerlach From:Craig P.Illausly Program Manager Holmes&Narver • Subject: Santa-Anita grandstand renovation project schedule. Dear Greg; In accordance with the City of Arcadia's ordinance policy concerning construction work hours, Holmes and Narves respectively submits the following request. 1:In order to meet the current construction schedule for the above project it will be necessary to extend the workday to 3 shifts.The 1st and 2nd shifts will have the most activities and the 3`1 shift will be a support for 151 and 2' shifts.The 3-shift schedule will run Monday through Sunday. > . 2:Attached you will find the AQMD Mitigation plan out lining all of the work activities that will be involved in the project as well as solution to each,that may have an impact on the surrounding areas.. : • If you have any further question please feel free to contact myself at our office at 714 567-2400. Sincer Craig P.Illausky . Program Manager ... - , • . • Holmes&Narver • . H&N Holmes&Narver AQMD Mitigation plan for Santa Anita Grand Stand Renovation Project Scope of Work:The general scope of renovation work to be preformed is as follows. Area(A)Grand stand renovation,construction and demolition skybox level:The scope of work in this area will consist of minor demolition of concrete(with non-destructive demolition,i.e.coring,diamond wire sawing etc.)to allow access to existing steel columns.The open column area will allow the attachment • of new column for the construction of the skybox level as well as the bar and restaurant level.In addition to the column access four openings will be cut into the existing grand stand to allow openings for public and facility access. • • The construction in this area will consist of the building of 19 new sky boxes and a restaurant area above - • the sky box elevation.The construction method in this area will be steel frame and lightweight concrete. Area(B)Grand stand Terrace area:Currently this area slopes from the base of the grand stand boxes to the edge of the dirt track.The proposed plan in this area is to fill this area for two uses.From Column lines _ _ (A)through Column line(H)a new horse-walking track will be constructed.From Column line H through (S)a new terraced seating and walkway area will be constructed. : 4' • Area(C)Grand Hall Area The grand hall will be located between column lines H and J.This area will be he most.involved demolition area of the project.The scope of demolition will consist of the removal of the concrete deck areas from the grand stand elevation to the mainline elevation between column lines I and J(see attached elevation drawing for cross sections)The deck areas will be removed in section utilizing non-destructive demolition methods. Area(D)New Building Access Concords:In order to access the existing facility and the new building • areas,which include the main line,Mezzanine,skybox and kitchen levels two elevator towers will be constructed.The first tower will be located adjacent to column line(A)East Side of the building and the second on column line(H)located on the West Side of the building.Each of the elevator towers will be off set from the building and a concord walkway will direct all traffic in to the respective floors.The scope of demolition in this area will be limited to the excavation of the new foundations and the areas of access into each floor. Area(E)New Restaurant Building Area:A new structure will be constructed to house the new kitchen •:7• and associated support facilities.This facility will be located along the front of the existing terries area on the east Side.The demolition in this area will be limited to portions of the existing east wall to accommodate access to each floor. • Construction: Start Date: April 20,1999 Finish Date: September 30,1999 Work Hours: Currently the project is scheduled to run 7 days a week 24hrs a day • C) Mitigation action Items and Solutions . Construction noise control:The majority of the construction will take place on the tracked of the Santa • Anita facility inside of the grandstand.In the effort to reduce the impact on noise to the surrounding residents the following procedures will be implemented. 1. The scheduling of heavy construction deliveries such as steel deliveries,concrete truck and dirt hauling will be planed during normal business hours and any deliveries after normal business hours-will be limited. 2. An insulated sound blanket will be hung from column line A to column line H.this insulation blanket • will serve two purposes.The first of those is to reduce any construction noises that may occurred during any shift of construction. The second is that the blanket will block and reduce light from the inside of the grand stand that may effect the surrounding area.(See attached letter dated February 17th • 1999 Saddleback Insulation Inc and sound insulation blanket sample) 3. In the effort to mitigate construction noise a best attempt will be made to schedule major construction . . activities during'the 1s`or 2°d shifts.The 3'd shift will be utilized to support opposing shifts.• - Construction Deliveries and employee access:At this time all construction deliveries are scheduled to ' .. enter the'facility through gate#8.Construction employees will also enter and exit through gate 8.Gate 4 - = may be used for limited construction access. . _ - Construction'dust control:During any type of excavation or backfill operation a water truck or'water - hose will be used to control any dust that may occur.The use of water will also be used for demolition to control air bom dust. Access road dust and dirt control;During any heavy hauling into or out of the facility a water truck will control dust and dirt along the hauling route.Upon any build up of construction debris a sweeper will maintain the access road as well as any public road that may be effected.If necessary a truck washing area will be set up to clean trucks prior to leaving the facility. Public awareness Hot Line; As a proactive measure a 24hr public hot line will be set up to table any and all issues dealing with the construction activities. • Note: See attachment site drawing to identify construction areas • • 7 I /_ Saddleback In'ti.lation, Inc. February 17, 1999 Holmes &Narver 999 Town &Country Road Orange,CA 92868 Attn: Craig P.Illausky Dear Craig, We are interested in performing acoustical sound control for your firm. Saddleback Insulation,Inc.has been in business since 1975 and has established itself as one of the largest commercial insulation firms in the state with a reputation for performance which is unsurpassed by our peers. I've included a list of projects which should be similar to the type of work your firm contracts. PROJECT NAME BRIEF DESCRIPTION . CONTRACTOR CONTACT NAME Disneyland-Toon Town - Manufactured Custom Sound Whiting-Turner Keith Parsons Panels and Installed 949/863-0800 Universal Studios Terminator 2 3-D C.W.Driver John Thornton Project 900 818/762-9701 The Getty Center Main Complex/Museum Dinwiddie Construction Bruce Arnold 310/476-9800 Disneyland-Indiana Jones Adventure Theme Ride Whiting-Turner Keith Parsons 310/863-0800 MGM Conference Ctr.` Conference Facility Raymond Interiors,, , ` '.Earl Newport 702/891-8875 Universal Studios".' Jurassic Park ` Turner Contracting Joel Seaton t } Project 777. 213/891-3006 Disney Sound Stages 6&7 . . Acoustical Treatment McCarthy Bros. , ..,. , Mike Bolen of Entire Stages 714/854-8383 Ontario Mills IWERKS Theatre Acoustical Insulation E. Kent Halvorson Butch Banner Arizona Mills IMAX ;.;: :: • . , : 206/885-1983" Cathedral City IMAX Esquire Center IMAX • .. • Paris Casino Resort 1/2 Million Sq.Ft:of Black Perini Building Co Scott Hatcher Las Vegas Absorption Board _ • . : 702/792-4396 . I hope this information gives you more insight into our company's expertise. If you should need additional references or information,please don't hesitate to contact us. • Sincerely, i Bruce Abbott Vice President 2015 N. Batavia Street•Orange,CA 92865-3101 • (714) 974-0470•Fax(714) 637-8424• License 308030 6285 S. Valley View Blvd.,Suite B •Las Vegas,NV 89118-38118 •(702)597-1101 • Fax (702) 597-1760 • License 43430 • . ^ ` • • i . - Iii/ /ylGl' 7O�TJ'ON QF � • -X( 77)./ f b127,41VP I yrfr- /O A-77'W�, oP I P a/tie( i..-,0a4,--7-74A/ pr_(,a f/I-r",4-p 6',- e- , j> iiriame6, ,,...... ,. Zai %-..-.. . is&tM1a/ - r/. /"V 0�x f iV/9 Fire 0 0 Id 4f 14N . off.12..99 • r � 5 3� 1Zu 'S 1 9-j- c-.: :fJlr,1 STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT April 6, 1999 TO: Mayor and City Council FROM: Don Penman, Deputy City Manager/Development Services Director uT". Jerry Collins, Recreation Director By: Donna L. Butler, Community Development Administrator SUBJECT: RECOMMENDATION TO ALLOCATE $15,000 IN UNALLOCATED FUNDS FOR A YOUTH SERVICES PROGRAM FOR FISCAL YEAR 1999-2000 AND REDISTRIBUTE FUNDING FOR THE PROPOSED 1999-2000 CONGREGATE MEALS PROGRAM, SENIOR CITIZENS SOCIAL SERVICES PROGRAM AND RED CROSS MEALS ON WHEELS PROGRAM SUMMARY On January 27, the Development Services Department was advised by the Los Angeles County Community Development Commission (CDC) that the City has an additional $59,087 in unallocated Community Development Block Grant (CDBG) .funds. In addition the CDC reminded us that only 15% of the City's allocated funds ma' be used for Public Service Programs. In reviewing the approved programs, the City exceeded the allowable 15% in Public Services Programs. The City Council at its February 2, 1999 meeting requested that some of the City's unallocated funds be set aside for Youth Programs. The Development Services Department is recommending the following: 1. That $15,000 be allocated to a new CDBG program called Youth Services; and 2. That funding for the Congregate Meals Program, Senior Citizens Social Services Program and the Red Cross Meals on Wheels programs are redistributed ab set forth below. 1999-00 Unallocated CDBG Funds 1 LA ;� �999 ED c. M- it 9G. W For fiscal year 1999-00 the City received $408,271 . In addition, $59,087 in unallocated funds available is also available, for a total of $467,358. Based upon this figure, the City may allocate $70,103 (15%) to Public Service Programs. The Development Services Department is recommending the following revision (in bold) to the 1999-00 CDBG Programs: Original FY 99-00 Revised FY 99-00 Projects Proposal Proposal Housing Rehabilitation $203,271 $203,271 Congregate Meals 20,000 Sr. Citizens Social Services 40,000 37,500 ADA Retrofit of City Hall 115,000 115,000 Red Cross — Meals on Wheels 5,000 -0- Youth Services Program -0- 15,000 • Administration 25,000 25,000 Unallocated 59,087 54,087 TOTAL FUNDS $467,358 $467,358 The amount of dollars in our unallocated for the following of projects be because$54,087. This money may be used hey are 9 not considered "Public Services": Housing Rehabilitation, Historic Preservation Sudy, ADA Retrofit, etc. A public hearing will be scheduled at a later meeting to allocate the remaining $54,087 in "Unallocated Funds"). RECOMMENDATION The Development Services Department recommends that the City Council: 1. Approve the revised allocation of funds as set forth above, includin the allocation of $15,000 for a Youth Services Program; and 2. Authorize the City Manager to execute the Memorandums of Understanding which are submitted to the County at a later date. Approved: U `gi,{ PP t William R. Kelly, City Manager 1999-00 Unallocated CDBG Funds April 6, 1999 Wage 3 i.. Z me vtfyil"; ,. STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT April 6, 1999 TO: Arcadia City Council FROM: Don Penman, Deputy City Manager/Development Services Director`? By: Donna Butler, Community Development Administrator a :>/' SUBJECT: REPORT ON PROPOSED CHANGES TO THE CBD REGULATIONS RELATING TO THE USE OF THE GROUND FLOOR AREA FOR RETAIL COMMERCIAL BUSINESSES SUMMARY On March 9, 1999, the Planning Commission considered the request of Faye Stabler to amend the CBD (Central Business District) zoning regulations to include a "hardship exemption" to permit uses other than retail businesses within the front one-third of a building along Huntington Drive. The Planning Commission in reviewing Mrs. Stabler's request considered several options. It was the consensus of the Commission to recommend to the City Council that the CBD regulations be amended by deleting the requirement that the front 1/3 of the ground floor area of a building be utilized for retail sales along Huntington Drive and North First Avenue. On March 2, 1999, the City Council requested a study session be scheduled to review the CBD (Central Business District) zoning regulations particularly as they pertain to the permitted uses along Huntington Drive and First Avenue. BACKGROUND The CBD (Central Business District) zoning regulations were adopted in April 1996. The purpose of creating the CBD zone was to establish new commercial regulations for the City's "traditional downtown" and the Central Redevelopment Project Area. The regulations within the CBD zone are intended to promote a strong pedestrian orientation through its mix of permitted uses and specific development standards. As a means of promoting the "downtown" image the regulations were designed to encourage retail along Huntington Drive and First Avenue. This was accomplished by restricting the front 1/3 of the buildings along these two streets to retail uses only. CBD.Marchl8rptreCBDregs CC CBD Report April 6, 1999 Ra,gel r- --e— Since adoption of the regulations, there have been several requests by property owners along Huntington Drive to consider deleting the restriction requiring that the front one-third (1/3) of a building along Huntington Drive be utilized as retail. In December 1997, at the direction of the City Council, the Development Services Department initiated a text amendment (T.A. 98-001) proposing changes to certain sections of the CBD regulations primarily relating to uses, signage and outdoor displays. At that time the Council requested that the Planning Commission primarily focus on two issues: 1. Are the types of businesses and uses permitted too restrictive? 2. Review the restrictions on the types of businesses permitted to occupy the first floor of a building in the Downtown Area (along Huntington Drive and First Avenue). The Planning Commission held four study sessions that included property and business owners in the downtown area and representatives from the Arcadia Business Association At that time, several letters were submitted to the Planning Commission expressing concern regarding the regulation permitting only specified "retail" businesses and financial institutions within the front 1/3 of the ground floor area of buildings fronting on Huntington Drive. The Planning Commission in its consideration discussed the restriction of retail uses along Huntington Drive. It was the consensus of the Commission at its February 1998 meeting that the regulations had only been in effect for approximately a year and a half and that there had not been adequate time to gauge the effectiveness of the code. They noted that there is considerable development taking place Downtown and that it was premature to change the code at this time. The Commission did acknowledge that the code could be amended at a later date if it is determined that the "retail" only requirement along Huntington Drive is too restrictive. On March 17, 1998, the City Council held a public hearing on this Text Amendment. The Council also considered requests from several persons to reconsider the restriction of requiring retail businesses along Huntington Drive. The City Council in their deliberations noted: • That to change the code now would not be beneficial. - • That although Huntington Drive may never become total retail due to its arterial flow of traffic, the effect of such things as the Farmer's Market should be evaluated on the ability to attract retail uses. CBD.Marchl8rptreCBDregs CC CBD Report April 6, 1999 Page 2 r - f - • Another Council member commented that the area is becoming revitalized and the retail use requirements should be maintained which would further the development of the downtown area. • That the endorsement by the ABA, Planning Commission and Development Services Department was to keep the zoning as is with the restriction. However, concern was expressed that the individual situations may result in hardship and thought that revisiting this matter in a year for modification to the retail or CUP requirements or adding a hardship clause may be necessary and helpful. The City Council voted 4 to 0 with one member absent to adopt the changes recommended by the Planning Commission. In August, 1998, John Howell on behalf of Faye Stabler, owner of the property at 34 East Huntington Drive, submitted a letter to the City Council requesting that the Council consider amendments to the CBD regulations to include hardship exemptions to permit uses other than retail businesses within the front one-third of a building along Huntington Drive and First Avenue. The following are changes he suggested adding to the code: "Office and business service uses may occupy the ground floor, including the front one-third of the structure where a property is not conducive to retail use and extraordinary measures would be required to create retail demand for the space." OR "Office and business service uses may occupy the ground floor, including the front one-third of the structure where a property is currently designed and constructed to service office-type uses, such design and construction are not conducive to retail use and it could not reasonably be adapted to retail use without creating a hardship. For purposes hereof, a hardship shall be deemed to exist if expenditures required to convert to retail would exceed three months' fair market rental value for improved retail space." On October 6, the City Council voted to receive and file the Mr. Howell's request and place it on the City Council's calendar in March, 1999 for further Council discussion. The Council also requested that this matter be forwarded to the Planning Commission for their "advice". The Planning Commission at its November 24, 1998 meeting reviewed the request by Mr. Howell to consider adding a "hardship exemption" to the CBD regulations. After considerable discussion the Planning Commission recommended that this item be continued for further discussion and information until a Planning Commission meeting in February/March 1999. CBD.Marchi8rptreCBDregs CC CBD Report April 6, 1999 Page 3 DISCUSSION The following is a summary of the Development Services Department's and Planning Commission's discussion and recommendations. Development Services Department's Recommendations During the past year, the Development Services Department staff has reviewed the activity along Huntington Drive and First Avenue. There are several vacant buildings in the area, including Mrs. Stabler's building at 34 E. Huntington Drive; the property adjacent to Sir Speedy's at 137 E. Huntington Drive and the newly remodeled arcade building at 38 E. Huntington Drive. Each of the property owners has expressed concern regarding their inability to find appropriate retail users to occupy these buildings. Although there are several retail stores along Huntington Drive that have been in business for a number of years such as Teamates Sporting Goods, John's Discount Golf, Pro-Bikes and Sullivan's Paints, these businesses specialize in a particular product and are generally considered destination retail businesses. Huntington Drive is not a traditional "downtown street". It is a four-lane major arterial separated by a median strip. Although there have been several new businesses in the area, such as Matt Denny's, Speedy Print, Decroupet's Cakes and House of Hearts, other businesses have opened briefly and closed, such as the barbecue store and the Classical Eastern Art retail business. First Avenue south of Huntington Drive has been more successful in attracting retail businesses. The design of First Avenue is more typical of a traditional downtown street and has more pedestrian appeal. It is staff's recommendation that the code should be revised to allow more flexibility in the types of uses permitted along Huntington Drive and First Avenue. Any one of the following options could accomplish this goal: 1. Amend the code by deleting the requirement that the front 1/3 of the ground floor area be utilized for retail sales along both Huntington Drive and First Avenue; or 2. Amend the code by deleting the requirement that the front 1/3 of the ground floor area be utilized for retail sales along Huntington Drive only; or 3. Amend the code by deleting the requirement that the front 1/3 of the ground floor area be utilized for retail sales along Huntington Drive and north First Avenue only; or CBD.March18rptreCBDregs CC CBD Report April 6, 1999 Page 4 IF _ . - 4. Amend the code to expand the types of uses permitted in the front 1/3 of the ground floor area to include "consumer services" and "business services"; or 5. Amend the code to allow "hardship exemptions". Although the concept of a "hardship exemption" has some merit, it would be very difficult to establish adequate criteria to make an objective decision to allow exemptions. Staff does not recommend allowing "hardship exemptions". Also, amending the code to delete the requirement that the front 1/3 of a building be utilized for retail sales along Huntington Drive would eliminate the need for a "hardship exemption" as requested by Mrs. Stabler. The Development Services Department recommends Option 1, that the CBD zoning regulations be amended to delete the requirement that the front one-third of the ground floor area of a building fronting on either Huntington Drive or First Avenue (north and south of Huntington Drive) be utilized for retail sales and display. Planning Commission Recommendation The Planning Commission at its March 9 meeting considered the options set forth above. The Commission recognized that Huntington Drive is not the typical downtown street and that eliminating the one-third requirement would provide the property owners more flexibility in leasing their buildings and, perhaps, eliminate the vacancies in this area. The Commission commented that the character of • First Avenue has changed significantly as a result of the improvements and that it does have more "downtown" appeal. Also, there were few, if any, vacancies along south First Avenue. The Commission further noted, however, that this "downtown" character did not extend on First Avenue north of Huntington Drive. The Planning Commission recommended that the City Council consider a text amendment to: Amend the CBD regulations by deleting the requirement that the front 1/3 of the ground floor area of a building be utilized for retail sales along Huntington Drive and north First Avenue. CITY COUNCIL OPTIONS On March 2, 1999 the City Council requested that a study session be scheduled to review the CBD regulations, particularly as they pertain to the permitted uses along Huntington Drive and.First Avenue. The City Council has several options as set forth below. 1.' Proceed with a text amendment amending the CBD regulations by deleting the requirement that the front 1/3 of the around floor area of a building be } CBD.MarchlarptreCBDregs CC CBD Report J� � „. S April 6, 1999 ;. Page 5 -3 /1 r r utilized for retail sales along Huntington Drive and north First Avenue (Planning Commission recommendation); 2. Proceed with a text amendment amending the CBD regulations by deleting the requirement that the front 1/3 of the ground floor area be utilized for retail sales along both Huntington Drive and First Avenue; or 3. Proceed with a text amendment amending the CBD regulations by deleting the requirement that the front 1/3 of the ground floor area be utilized for retail sales along Huntington Drive only; or 4. Proceed with a text amendment amending the CBD regulations to expand the types of uses permitted in the front 1/3 of the ground floor area to include ✓ �_ "consumer services" and "business services"; or r,A 1 �Y 5. Take no action at this time. If the Development Services Department is directed to prepare a text amendment, public hearings will be required before both the Planning Commission and the City Council. Approved Uir \b \\I William R. Kelly, City Manager • CBD.March1BrptreCBDregs CC CBD Report April 6, 1999 Page 6 , 117a 4 twr STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT DATE: April 6, 1999 TO: Mayor and City Council Agency Chairman and Board Members FROM: Don Penman, Deputy City Manager/Development Services Director 0y: Pete Kinnahan, Economic Development Administrator SUBJECT: PUBLIC HEARING - REPORT AND RECOMMENDATION OF THE PROJECT AREA COMMITTEE AND THE REDEVELOPMENT AGENCY TO THE CITY COUNCIL TO REAUTHORIZE THE REDEVELOPMENT AGENCY POWER OF EMINENT DOMAIN FOR 12 YEARS, APPROVAL BY THE CITY COUNCIL OF A NEGATIVE DECLARATION, AND INTRODUCTION OF CITY COUNCIL ORDINANCE NO. 2102 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING THE CENTRAL REDEVELOPMENT PLAN TO REAUTHORIZE THE POWER OF EMINENT DOMAIN FOR THE PERIOD JANUARY 1, 1999 THROUGH DECEMBER 31, 2010, EXEMPTING THEREFROM CERTAIN DESIGNATED RESIDENTIAL AREAS. SUMMARY The Agency's power of eminent domain, approved initially in 1973, expired on June 30, 1998. At the Council's November 3, 1998 meeting, the City Council adopted Resolution No. 6080 authorizing staff to proceed with a proposed text amendment to the Central Redevelopment Plan extending the power of eminent domain (condemnation) for 12 years beginning January 1, 1999 to December 31, 2010, and exempting certain residential properties. On December 1, 1998, the City Council adopted the procedures for the formation and election of a Project Area Committee (PAC). After the PAC election on December 16, the City Council certified the PAC at the Council meeting on January 5, 1999. • The PAC has met twice and is recommending approval of the proposed amendment, including exempting certain residential properties. Staff also recommends approval of City Council Ordinance 2102, extending the power of eminent domain through December 31, 2010 and exempting certain residential properties. LASER IMAGED 24"vdo -0.0( , /,-.9,e/9- 0041 Eminent Domain Staff Report April 6, 1999 Page2of4 BACKGROUND In 1986, the State Legislature by passage of SB 690 limited the Agency's eminent domain authority to 12 years. The City Council therefore adopted Ordinance 1847 which terminated the eminent domain power on June 30, 1998. The Agency and City Council can reauthorize this power by passage of an ordinance amending the termination date for a maximum period of 12 years, or until 2010. At the Agency's August 18, 1998 study session, the Agency preliminarily,decided to proceed with an amendment to reauthorize this power and directed staff to return with a formal report to initiate the process. Following Council's direction to proceed with an amendment on November 3, 1998, the Agency on November 13, 1998 mailed notices of the proposed eminent domain amendment, the schedule of community meetings, the need for and opportunity to serve on the advisory Project Area Committee (PAC) and the PAC election process, to all commercial, industrial, and residential property owners and tenants in the project area and to representatives of twenty-five (25) community organizations serving the project area. A notice describing the proposed amendment, listing the community meeting dates, • times, locations, and summarizing the role of the PAC was published in the Arcadia Weekly on November 5 and 19, and December 3 and 10, 1998. Pursuant to City Council and Redevelopment Agency direction staff held three public meetings (Nov. 24, Dec. 10 and Dec. 16) to inform the community and general public about the amendment, the role of the PAC, and the PAC election process. In addition, at the December 1 public hearing, the City Council formally adopted the "Procedures for the Formation and Election of the PAC." The PAC is composed of nine (9) seats, three (3) community organization representatives, two (2) residential owner occupants, two (2) residential tenants, one (1) business owner or owner occupant, and one (1) commercial/industrial tenant. At the third informational meeting on December 16, 1998, which also was the PAC election meeting, only six (6) applicants filed for seats. These candidates were certified as PAC members by the City Council at the Council's January 5, 1999 meeting. At this meeting the Redevelopment Agency also formally requested PAC consideration of the proposed eminent domain amendment. The PAC met on January 28 and February 11, 1999. At these meetings the PAC was informed about redevelopment and the eminent domain process, statutes and regulations affecting relocation of businesses and households, the Agency's previous projects and current and possible future work program, the role of the PAC, the proposed amendment text and exempted areas, and the proposed PAC Bylaws. At the PAC's February 11 meeting, the PAC adopted their Bylaws, elected officers (Gil • Eminent Domain Staff Report April 6, 1999 Page 3 of 4 Stromsoe, Chairman) and considered and recommended approval of the proposed amendment (Attachment 1) by a 6-0 roll call vote. The minutes of the two PAC meetings and copies of the materials provided at the community meetings and to the PAC at the PAC meetings are available for public inspection at City Hall in the Development Services Department, Economic Development office. DISCUSSION The text of the proposed amendment is shown on Attachment 1. The map showing the exempted residential areas is included with the amendment. If Ordinance No. 2102 is adopted (Attachment 2), the Agency would again be able to use the power of eminent domain in the project area, except those residential areas north and immediately south of Colorado Blvd. and north of E. Alta Street. These residential areas are recommended for exemption from eminent domain 'because, although they may be older housing stock, most are generally in good repair, are well maintained, and • conform to the existing General Plan Land Use and zoning designations. • The Council will recall that passage of Ordinance No. 2102 is only an enabling statute. In the future, if acquisition of property by negotiation fails, the Agency will be required to consider each acquisition by eminent domain separately and must vote to adopt a Resolution of Necessity (i.e. "condemn" the property) by a 4/5 vote versus a 3/5 vote. Without this authority, the Agency would be unable to assemble the land necessary for a future development that could benefit both the City and the Agency. Some of the Agency's most successful projects, such as Embassy Suites, the Southside Gribble project, the Northside Emkay project, the Southwest Corner Outback project, and the • Northwest Corner Stonebridge project, were comprised of multiple ownership parcels. Though no actual acquisition went'to trial, the authority to acquire by this means was essential in reaching agreements. Should the Agency in the future choose to exercise this power, the Agency will comply with the requirements of the California Redevelopment Law, the Relocation Law and State Guidelines, and the California Environmental Quality Act. Adequate, decent, safe and sanitary housing, at reasonable rents is available in Arcadia and neighboring communities in the event of residential displacement. Agency Special Counsel Kevin Randolph, of Best Best and Krieger, has assisted staff with the procedural requirements of the amendment. He has also reviewed this report and Council Ordinance 2102. Eminent Domain Staff Report April 6, 1999 Page 4 of 4 The law requires that the City Council conduct a public hearing and take public testimony. ENVIRONMENTAL ASSESSMENT A Negative Declaration has been prepared (Attachment 3). FISCAL IMPACT None. RECOMMENDATION Redevelopment Agency It is recommended that the Arcadia Redevelopment Agency receive the staff report, • recommend that the City Council adopt the Negative Declaration and City Council Ordinance 2102, as and if amended. City Council It is recommended that the City Council; 1. Approve the Negative Declaration (Attachment 3; 2. Introduce Ordinance No 2102 (Attachment 2), an ordinance of the City Council of the City of Arcadia amending the Central Redevelopment Plan . to reauthorize the power of eminent domain for the period of January 1, 1999 through December 31, 2010, exempting therefrom certain designated residential areas. Utr- Approved By: Ili William R. Kelly, City Manager/ Executive Director • .. t . PROPERTIES POTENTIALLY SUBJECT TO EMINENT DOMAIN • . ' MIN wuliiici _ �,.. `�'�+.�` I I Areas subject to eminent domain PF • 'P IIITccc • r��, ; Areas exempt from em• inent domain •, �•woman Pp f C•I.rad• II Y11 ` ` IcG I I .* C I cc ►•^ ( t 1 o�, ■ 1 °C ICG/I Salwt • J••• J.III v F _ r t I PD ,� ♦, %• Sawta tar, 3t. •�%._ • 1 s CO ( CG I CG\oNik PD b PD``,� I C G I m I_ C G N. 1 \` C N ■ Nrwllwgt•w prly•I) ��am__ I I WI % 1F1 ., • • rlt, ''T. Tr PD • I Indust:1o/ , ∎. RLD Residentiol Low Density PF Public Focllltle3 ...1111111bb... CO Commerclol 'Office PO Planned Development Octobe:, 1986 CG Commercial General a..w Project NORTH cal. Pro)ecl Areo Boundary ..No Scala • a • ATTACHMENT 1 Proposed Text Amendment to the Arcadia Redevelopment Agency Central Redevelopment Plan, Replace the last paragraph in Section III B1 (303) of the Central Redevelopment Project Plan adopted by City Council Ordinance 1490 (1973) as amended by City Council ordinance 1847 (1986), by the paragraph shown below: "The Agency may commence eminent domain proceedings for the acquisition of property within the Project Area from January 1, 1999 through and including December 31, 2010. For purposes of this Redevelopment Plan, the Agency will be deemed to have "commenced" eminent domain proceedings when dt has adopted a resolution of necessity pursuant to Codes of Civil Procedure sections 1245.210 et. seq. (or successor statutes). The properties shown on Exhibit B to this Redevelopment Plan shall be exempt from the power of eminent domain for this period." • 1