Press Alt + R to read the document text or Alt + P to download or print.

No preview available

The URL can be used to link to this page

Home My WebLink AboutDecember 7, 1999V ~y ~ I ~• ~ . ~ ~~ . ~'0 p'~" ~Z~+i1$~ ~ - ,~K _ ~ . ; f; i. \y, L ~ ~ h° ARCADIA`i. ~~ - .~.. •.~ ~. ~. . , ~5.~ ~~ ~ rY: ] j. Cl~ O f Arcadia NOTICE OF SPECIAL MEETING As authorized by Arcadia City Charter Section 408 and Califomia Goverrunent Code Section ~49~6 a Special Meetin~ of the Arcadia Ciry Council is hereby called to be held at the Arcadia City Council Chambers Conference Room, 240 W. Huntington Drive, Arcadia, Califoinia at 5:30 p.m. on December 7, 1999. The purpose of this meetin~ is to conduct a Closed Session pursuant to Government Code Section 549~6.9(a) to confer with legal counsel regarding the case of Wilson v. City of Arcadia et al., United States District Court Case No. CV99-10119HLH(Ex). In addition to the closed session item, there will be time reseived for those in the audience who wish to address the City Council regarding the above item prior to the closed session. No further business other than the above will be considered at this meeting. Dated: November 30, 1999 xo w~ x,~~ Dm~ PO. Boz 60021 pradia, G 91D6b6021 (61b) >74i400 C.~'~ May of the City of Arcadia .~ ~.,~'_: ~'~ . A N N O T A T E D • ~ _`~s. A G E N D A ~ ~ Arcadia City Council _ and ,.~• ` Redevelopment Agency ~R>OS~TS9. Meeting December 7, 1999 5:30 p.m. Council Chamber Conference Room SPECIAL MEETING CLOSED SESSION ROLL CALL: Council Members Harbicht, Kovacic, Marshall, Roncelli and Chandler aii yresenc TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL (NON-PUBLIC HEARINGIFIVE MINUTE TIME LIMIT PER PERSON) RE: 5:30 P.M. SESSION :.No one spoke Discussion of pending litigation "Government Code Section 54956.9(a); Wilson vs. City of Arcadia et al., United States District Court Case # CV99-10119HLH(Ex). na~ournea..ac: 6:2o p.m. Regular Meeting 6:00 p.m. 6:28 p.m. Council Chambers Conference Room STUDY SESSION ROLL CALL: Council Members Narbicht, Kovacic, Marshall, Roncelli and Chandler All presen[ 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 No one spoke Recommendation to provide direction on the possible reinstatement of the City Newsletter and/or the inst~~latio of the Tele-Works system. nirecc staff to routinely prepare a calendar of City events to istri~ute..to PTA's,.for•newsletters,~and other organizations. 7:~~ P.(T1. RECESSED at 6:54 p.m. RECON- Councii Chambers ED in CouncilChambers at ~:OS p.m. INVOCATION Daniel Chang, Assistant Pastor, Mandarin Baptist Church PLEDGE OF ALLEGIANCE william Kelly, City rtanager ROLL CALL• Council Members Harbicht, Kovacic, Marshall, Roncelli and Chandler ni1 uresenc City Attorney Stephen Deitsch announced.the sudject discussed at the earlier Closed Session. No re or e n 1. SUPPLEMENTAL INFORMATION FROM STA~F fC2~C~AI~~~~P~ ~~a`SE~`A ffEMS See Minutes Roger Chandler, Mayor • Robert C. Harbieht, Meyor Profempore • Gary A Kovacic, Gail A Marehall, Gino Roneelli, Council Members ~ William R. Keily, Cily Manager ~..__ ., .~._.. n:.., ni...~, . . . . ~, ` . , ~ : Revised Page 2~ ~ . ACTION MOTION: Read all Ordinances and R~solutions by title only and waive naoncea s-n ` reading in full. 2. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS . THE CITY COUNCIL (NON-PUBLIC HEARINGIFIVE MINUTE TIME LIMIT PER PERSON Harold Kidd ~ K. Leong 3. MATTERS FROM ELECTED OFFICIALS City Council Reports/Announcemznts/Statements/Future Agenda it~ms See Minutes 4. PUBLIC HEARING Consideration of the final Environmental Impact Report, Conditional Use Puh.~~sed Permit 99-004 and vesting lentative map 52745 for the proposed 31 lot residential planed development at 701 West Foothili Boulevard. 5. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY ~D zxs ciTY covNCiL ROLL CALL: Agency Members Harbicht, Kovacic, Marshall, Roncelli and Chandler ail vresent PUBLIC HEARING Pub Hrg.Opened Recommendation to adopt Resolution No. ARA 183 - A Resolution of ~~,,. the Arcadia Redevelopment Aaency approving the adoption of the Five-Year nec. 21 rtcg. Implementation Plan (1999-2004) for the Central Redevelopment Project Area. CONSENT a. Minutes of the October 26 Joint Meeting of the ArcadialSierra Madre io/ 6 Min. 4-(1 Redevelopment Agencys and the November 16, 1999 regular meeting. Ri%i6 M~na ss o 17 b. Recommendation to approv= the 1998-99 Redevelopment Agency Annual conc nu~~Lcc~ Reportto the-State Controller and the State Housing and Community Dec. 21 rtcg. Development Department. - .,~r.r..'-i r~nne~~lS'X0.7£`x3RfRn'~&SQ9CC6~SY~AASddQX$6C~I7CD~CSCI 6. a. Recomm2ndation to adopt Resolution No. 6144, A Resolution of the City naop~~ s-n Council of the City of Arcadia, California, adopting revised rules and regulations for the implem~n~ation of the California Relocation Assistance Law and Real Property Acquisition Guidelin~s. 2 '- ~• ' ~ ~ Joint Meeting of the Arcadia Redevelopment Agency and City Council continued ACTION b. Recommendation to adopt ARA Resolution No. 182, A Resolution of the Adopted 5-0 Arcadia Redevelopment Agency adopting revised rules and regulations for the implementation of the California Relocation Assistance Law and Real Property Acquisition Guidelines. ADJOURN the Redevelopment Agency to December 21, 1999 at 6:00 p.m. 7. CITY CLERK Consideration of the report and recommendation to adopt resolutions relative to the April 11, 2000 General Municipal Election: Resolution No. 6147 - A Resolution of the City Council of the City of Arcadia, naoptea s-o California, calling and giving notice of the holding of a General Municipal Election to be held in said City on Tuesday, April 11, 2000, for the election of ceRain officers of said City as required by the provisions of the City Charter. Resolution No. 6148 - A Resolution of the City Council of the City of Arcadia, Adonted s-o California, requesting the Board of Supervisors of the County of Los Angeles to permit the Registrar-Recorder of said County to render specified services to the City relating to the conduct of a General Municipal Election to be held in said City on April 11, 2000. Resolution No. 6149 - A Resolution of the City Council of the City of Arcadia, Adopted 5-0 California, adopting regulations for candidates for elective office pertaining to candidate's statements submitted to the electorate and the costs thereof for the General Municipal Election to be held on Tuesday, April 11, 2000. Resolution No. 6150 - A Resolution of the City Council of the City of Arcadia, Adouted s-o California, ordering the canvass of the General Municipal Election to be held on April 11, 2000, to be made by the City Clerk of the City of Arcadia. 8. CONSENT a. Minutes of the October 26, 1999 Joint Meeting of the City of Arcadia/Sierra io/z6 Min. 4-0 Madre City Councils and the November 16, 1999 Regular Meeting of the Roncelli abstai Arcadia City Council. 11/16 Min, s-o b. Recommendation to ratify an emergency purchase order in the amount Anoroved s-o of $12,625 to Engineered Piumbing, Inc. for the installation of 325 feet of 12-inch water mainline in Clark Street and to authorize an additional appropriation of ~15,000 from the water facilities replacement reserve. 3 /~ ••••~' '• ` • • Consent continued ACTION c. Recommendation to award a contract in the amount of ~15,500 to Robert nnnro~ea 5-0 Bein, William Frost & Associates for additional design of the Santa Anita Reservoir Facility as part of the water system seismic reliability program and appropriate ~15,500 from the water facilities replacement reserve for this design work. d. Recommendation to authorize the City Manager to purchase eight (8) Aonroved 5=0 20 passenger Dial-A-Ride vehicles for the Arcadia Transit System from an existing Omnitrans bid for a total amount of S410,620 of which 83% will be Federally funded and the remaining 17% funded with City Transportation Funds. e. Recommendation to authorize an additional appropriation of ~34,236.03 [~proved s-o for the fuel tank removal and installation project at Fire Station #3 and the Police Department. f. Recommendation to approve an Employee Agreement between the City apProvea 5-0 of Arcadia and Philip Sexton for transitional services as the interim Administrative Services Director. 9. CITY ATTORNEY a. Recommendation to adopt Ordinance No. 2115, An Ordinance of the CityAaon~~s 5-n Council of the City of Arcadia, California, authorizing an amendment to the contract between the City of Arcadia and the Board of Administration of the California Public Employees' Retirement System. ADJOURN CITY COUNCIL to December 21, 1999 at 6:00 p.m. ADJOURNED at 11:32 p.m. 4 CDC 1y C1/41-C. o :ic%11\\\\c.. OS-IC- .ARCA) r -..� 14.° ... --- STA'I' REPORT DEVELOPMENT SERVICES DEPARTMENT December 7, 1999 • TO: " Mayor and City Council 0 FROM: Don Penman, Assistant City Manager/Development Services Director9 By: Donna Butler, Community Development Administrator SUBJECT: CONSIDERATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT, CONDITIONAL USE PERMIT 99-004 AND VESTING TENTATIVE MAP 52745 FOR THE PROPOSED 31 LOOT RESIDENTIAL PLANNED DEVELOPMENT AT 701 W ST - FOOTHILL BOULEVARD SUMMARY On January 25, 1999, Arcadia Oaks LLC, the developer, submitted applications for a Vesting Tentative Map 52745 and C.U.P. 99-004 for development of the Anoakia property located at the northwest corner of Foothill Boulevard and Baldwin Avenue into a 31 lot residential planned development . On the basis of the initial study prepared by staff, it was determined that an Environmental Impact Report (EIR) . was necessary and was prepared in accordance with the California Environmental Quality Act (CEQA). The Planning Commission at a public hearing on November 9, 1999 reviewed the Draft and Final EIR, as well as the specific project. On November 23, 1999, the Planning Commission voted 3-0 to adopt with two members absent Resolutions 1599 and•1600 recommending approval of the proposed project and forwarding the Planning Commission's comments on the Final EIR to the City Council for consideration. The City Council is the final decision making body for purposes of certifying the Final Environmental Impact Report ("final EIR" or "FEIR") and approving the Conditional Use Permit and Vesting Tentative Map. To facilitate review of this project, the staff report is divided into six (6) Sections: Anoakia - CC Report December 7, 1999 LASER IMAGED Page 1 Y , Section 1 Project Description (CUP 99-004 Page 3 and Vesting Tract Map 52745) including Land Use Map and Site Plan Section 2 Procedural Background and Environmental Page 10 Impact Analysis Section 3 Mitigation Monitoring.Program Page 16 Section 4 Planning Commission Page 29 Recommendation (includes Resolutions 1599 and 1600) • Section 5 Recommendations, Findings and Motions Page 49 Section 6 Exhibits A Letter from.Rancho Santa Anita ARB Page 65 B Oak Tree Transplant Information Page 71 C Photos of Project Perimeter Page 74 D Errata dated 11/29/99 Page 75 E Findings of Fact and Statement of Overriding Considerations Page 78 F November 9 and November 23 Planning Commission Minutes Page 105 G Letters regarding'the Project - Page 125 H Tract Map and Proposed Dwelling Separate Elevations Documents • . Anoakia - CC Report December 7, 1999 Page 2 SECTION 1 'PROJECT DESCRIPTION The proposed project is located at the northwest corner of Baldwin Avenue and • Foothill Boulevard on what is commonly known as the "Anoakia" property. The subject of the Environmental Impact Report (EIR) is the removal of the existing Anoakia mansion and accessory buildings and development of the 19.1 acre site as a 31 lot residential planned development. BACKGROUND The house and most of the related accessory buildings were constructed in 1913 by Anita Baldwin, daughter of"Lucky" Baldwin. She occupied the house until her d ath in 1939. In 1941 the Los Angeles Regional Planning Commission approved these of the property for a private girl's boarding school. The property was used for scl•�ool purposes until 1989 when many of the buildings used for the school were cited as unsafe as a result of severe damage from the Whittier earthquake. The Ano kia residence along with some of the other smaller structures on the property were�not deemed unsafe and are still being used. The mansion has been utilized -'s a property management office since 1989 and the grounds and mansion are frequently used for filming. ZONING HISTORY The Anoakia property along with the lots on Anoakia Lane and the adjacent lo s to the west were originally located in the County of Los Angeles. This County is and was annexed into the City in 1975 under Arcadia Municipal Code Section 9232 6.1, • which classified all property as zone R-1 upon annexation. The General Plan designation of the properties was single-family residential 0-2 dwelling units per acre (this included the single-family lots as well as the Anoakia property). In 1976 a zone change was initiated at the request of the property ow ers surrounding the Anoakia property who were annexed into the City to rezone al the annexed properties to R-O 30,000 which would be compatible with the properti s to the north and west. In addition they requested that the properties be included i the Rancho Santa Anita Property Owners Association. At approximately the same time the property owner, Lowry McCaslin,-submitt d a General Plan Change to double the residential density of the Anoakia property o 0- 4 du/ac which would have allowed for minimum lot sizes of 15,000 sq. ft. The proposal was to build a private gated residential community and keep the mansion for use as a clubhouse or private club. The Planning Commission recommended Anoakia - CC Report December 7, 1999 P lge 3 denial of this application and in May of 1976 Mr. McCaslin withdrew his application for the general plan change. In 1976, the entire area was rezoned R-O 30,000, and in 1978 the design overlay was added to the area, placing all properties, including the Anoakia site into the Rancho Santa Anita Property Owners Association. In 1980 the City Council approved the rezoning of the Anoakia property from R-O & D 30,000 to R-O & D 22,000. C.U.P. AND VESTING TRACT MAP PROPOSAL The proposed 31 lot residential planned development (see Figure 1 in this Section) is permitted with an approved conditional use permit pursuant to Division 5, Part 7, Sections 9275.1, et seq. of the Arcadia Municipal Code that establishes specific regulations for residential planned developments. Section 9277.1.F provides that a conditional use permit for a' residential planned development does not become effective until it has been reviewed and approved by,the City Council. The Vesting Tentative Map confers a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the date the local agency has determined that the application is complete.. Surrounding Zoning Properties to the north and west are developed with single-family dwellings, zoned R-O & D 30,000 and located within the Rancho Santa Anita Property Owner's Association. Properties to the ,east across Baldwin Avenue are developed with single-family dwellings and zoned R-O & D 22,000 and located within the Santa Anita Oaks Homeowners Association. Properties to the south across Foothill Boulevard are developed with single-family dwellings and zoned R-1 10,000. (See attached Zoning Map [Figure 2] this Section and photographs of the perimeter of the property [Exhibit C, page 74]) Site Description The Anoakia mansion and outbuildings were constructed in 1913. The buildings have been modified throughout the years to accommodate both the girl's boarding school and then later a pre-school and day school. The applicant is proposing to remove the existing mansion and outbuildings and subdivide the parcel into 31 lots in order to construct new dwellings ranging in size Anoakia - CC Report December 7, 1999 Page 4 from 4,800+ square feet to 5,650+ square feet. The average. lot size in the subdivision is 23,228 sq. ft. The project will be developed with 28'-0" wide private streets, accessed by a gated entry off of Baldwin Avenue. A secondary emergency access will be located on Foothill Boulevard. There will be no access to the subdivision from Anoakia Lane. The existing gate on Anoakia Lane will be removed and a new wall constructed' to match the existing wall. Access to a.proposed City water well to be constructed on the northwesterly portion of Lot 14 will be provided from Anoakia Lane. Section 9277.13 of the Arcadia Municipal Code allows private streets subject to -..he approval of the Fire Chief, Police Chief and Public Works Services Director. The private streets will be 28'-0" in width with rolled curbs. All departments have approved the design of,the street subject to the condition that there will be no on- street parking. The existing 7+ foot high wall that surrounds the property will remain and additional landscaping will be planted on the exterior of the wall. There are sidewalks along both Baldwin Avenue and Foothill Boulevard. The driveway on Baldwin Avenue will be relocated further to the south to align with Arbolada Drive on the east side of Baldwin Avenue. There are 487 trees of 293 species located on the property (150 of these are oak trees); 294 trees are proposed to be saved including 95 Coast Live Oaks and 20 Engelmann Oaks. The lots, dwellings and streets have been designed in an effort to save as many trees as possible and there will be minimal change in the existing grade to reduce the impact on the remaining trees. Proposed Dwellings As noted, the proposed dwellings will range in size from 4,800 sq. ft. to over 5,600 sq. ft. There are three basic floor plans. The architect has designed three different building elevations for each floor plan (see attached plans - Exhibit H). All dwellings will be two-story and none of the garages will be visible from the street. The layout of each lot has been designed to provide for off-street parking thus eliminating the need, for on-street parking. On February 4, 1999, the City received the attached letter (Exhibit A, page 65) from the Rancho Santa Anita Homeowners Association approving the design of the homes. Anoakia - CC Report December 7, 1999 Page 5 Grading The property slopes to the southeast and there is over a 40-foot variation in grade from north to south. The tract has been designed to minimize on-site grading to reduce the impact on the existing,trees and adjoining properties. The grading -plan is subject to the Development Services Department review and approval to ensure that grading is in substantial conformity with the tentative grading plan and in compliance with the City's code requirements in relation to building height per Section 9251.2.1 of the Arcadia Municipal Code. • Well Site The 1995-96 Water Master Plan identifies the need to increase water production to serve the current demands and future growth demand in this area and includes the construction of a 1,000 gallon per minute production well simultaneously with the development of the property. The Public Works Services Department has required that a well site be dedicated to the City at the rear of Lot 14. Access to the well site will be from Anoakia Lane. This well will be located within a soundproof building designed to be compatible with the surrounding structures. The site will be enclosed by a 6'-0" decorative block wall on the interior and a wall with gate to match the existing perimeter wall along Anoakia Lane. RESIDENTIAL PLANNED DEVELOPMENT (RPD) REGULATIONS The Arcadia Municipal Code allows residential planned developments on sites containing a minimum of three acres. The intent of residential planned developments is to encourage well-planned. developments by providing the means for greater creativity and flexibility in environmental design than is provided under the strict application of the zoning ordinance and the subdivision regulations while promoting and preserving the public interest, health, safety, welfare and property values. Since the proposal is for a Residential Planned Development, compliance with the underlying zoning standards and subdivision regulations of the Arcadia Municipal Code (i.e., front, side and rear yard setbacks, distance between buildings, private yards, minimum lot characteristics, street standards, etc.) is not required. However, in order to carry out the general purpose and intent of the Residential Planned Development regulations, the project is subject to all the conditions set forth in the conditional use permit and the vesting tentative map. Anoakia - CC Report December 7, -1999 Page 6 Based upon the density requirements set forth in the RPD regulations, 32 dwellipg units are allowed on this site. The code further allows structures to be two 2) stories in height, not to exceed 35 feet. Section 9277.14 requires that no building shall be constructed within 25'-0" of the perimeter property lines; all dwellings maintain this minimum requirement viith setbacks ranging from 25'-0" to 69'-0" from the perimeter property lines. • Anoakia - CC Report December 7, 1999 Page 7 • • TENTATIVE TRACT MAP No. 52745 4 • CITY OF ARCADIA, CALIFORNIA J aN�'%1 � —A. OWN Lm'C tl:\_' ¢- 1090_50' _- _ __ I �o0ltat mxr Muhl NB81I'O0E - �- --.„--•f• -'I I -- _ ' -T a a LOCATION MAP 1 0 100\".• .{. a .... . • t • ? I r - + I y �� - err ® c I I O'NNER/SUBDMOOR • I d • I '� - • ,. _ E 0 f ' •e�a ""'°� ,u; I' >b, w i 02070••y l Rmoa1 evert ra s2,w 5 I (114 T8-tlA • I • A• :® •I[ it: 'rr -�: ® - ( ,o +�i F.r Ter amoe°r •tv „ n tea.. 'ffi I— `' xO•°•` 4117,-elf. '°'-1 .. . ©I� '+10 '0 '•••• • •� I LEGAL DESCRIPTION 11! �\lb:,9 / ;; I • ¢ •� - • • 0 MI V _1.r'•-- err I N 1'0001 Cr 11.0 9Wa M.•10 a 101 l Cr lam]N4• 1 ' - con a' Tau,K son of YV REDx NOr in _-�• -2 �IAEET A Pmt 21 O wrs.x M2 olrt err 1x2 2q u ncs 0007 • • r • � �-r-- '11; s.rt or .s rajas:0J "®n• r _-tl-' •...1. �$ ♦ ��\�'r�' • •I I I II Q*�1'ua a w�n.+�+1v.c�vn i.crsmM¢�w'rp1cn nc _ � 1 1 ® • I I mn[xirc v wn.x AvaE uo 1x[x0707 wp a m . R \�. ®`O ! < 2 �� I V� .� I I Ira of ro Cf F OD.CO0.Yn tH ODIC w N9110 OI h( "N•-1, _ • • '' = ® raaur • 1.r � II axmrtx[w ropnu wun.m.nc'rmn or ecawxy.• r- - y d - __ ' 'or• ,-rear I '� 111 • nrna K m sr Cr 1 731717 r1., e .�� • •• 4 `�L ,•r v ® I I 1310+0 Sae u•m• 1107.93 nn. r.rQ -:•♦ 'n.r I ra�• O 7• I I J norc x ii i a�r.Jis 107. • !�0 �, /O• �� AI �/ 1. I I I/I 10 114 P1410 Or B02wC. • of pp •' !!�@ @II A� s-sea r®�� l,'+74 I '-'. ,. ----- c 4.,r •u i a, rre,..� Q ii- SERVICE COUPANIES IllOOt i�i I -m.Y d� \\ •\ "'�° nr�'+ • mat �° tl •61. _ aEr s• ® ® I Ic p ma rssowmr w�iui°ro WA ron.rw -� AJTI__.a N w1.WW1 us urco som Derma /?.. c � -na v IpArea 109 N49n n000 axaOL 061. •'•nr �� uY LOS moan Ca.SWAMI Cral. .•m y o •) I I ra rn a 070720• C I —' �— t r rs*. ® I I ra x soarta MIMIC . a CO. fl • • ICI1flI01E Purc rtunu[m. I _ [ • F 4/ �� + ® O ■•i I I.I vs saun4px wraw.w m XI - f• f- • °rm• n. { —_ II OW 1.r. cm,tMao et 0 is•• •yr 1\.t. { - • � �, • ><f � / ',J II I %�ISDNG SITE DAT i i9 le .1}\\ ` I n II err• I ®� + 4 V s • 4,4 __—__ _ 4• _ —__—__ - +� _ I�1 �r -I °, II I 20.10 -O�O t I%32.00091 N,1.LOT 5. aaw aaaara� I+ • '0\ ` 4 i R . • - •Aappr -1 N I 1 I cCO 5 OM.._ p-t uMS R0 K. ----- -- _----- , A ��f ® ' y ` r ' •,Y ® ' .. -`i , it 2 z II•I °vSfrIC 91FlICl�iS2 -GN/4 0.4 531..17740.1.n® t . r•mo a.r:• • ' • •x r _ -- -- - 1.1 bars wup 1.L x v naA ruts•g tai 1 • ° Ir �• ul ♦ Y.i •• 3` , 'I nao lox -rw, �rt. e` r +;�. err r_I ;II PID_USED_EH4JEE s I 1 • • 6D\ • r• r —I _ u. o fl/I Ums va^ (� ® I sFQ15/ y r,'j• .• �f__�J--.or_i• '• ��^ `,� •.e y J 1 • WOKE _ m oIA. romrrrslmria• ��t ,� • , _.• ` '4, � I I I sv.a -nmexla 1>I1.ntm x rpnnu err• a 'a • I N, -'��t�--- muw tor j, .1-i'034.1 ------. !• • _ .m • 1 I I I 07071 -mprtc'i�a ommc yams K MOM h__n+ _ ®/ • I '. ©©--....•---14,_.3-•- -••• 1.f ®*•® I �� Scleras .NO 0.07+111 err 0 ns •1 •1I 0i� �!4 tar �a ,w • O II C1111111==111111=11111 CENZ=1/01111=11111 1.i• of err ,, I• W[�®[411ra ELI I• ,,-m°• rnr IL 1. - ; °yq 'I I ram; ;: _ ar, , ® I^'` 1 I ui� iml,�_�®11 1 6 !� roman t'.r � II jIj, l�i, nn,. . I— oP + II \ I I _ €i I \ 1 Wen®�i[�� a • 9-=9 I�I� 0 ,i tt' •' 6 • �' -# 't`,err�`T • . • LE 4 I/I� a `. �d� � 1 Ic I I •• "•_+S. •S•• • • _ _- ' -- • ° 1.r •-� - 1051.19•i _ �' -- • •`per.u - 1114/1 I .11 I� =I - w • ■ N 8611'50.1 11 _ I I ��a \ _ [9 7�_�1[S 1 - - - _ _ _ I 12��1�•111� ... --\ p�9n4,r14c R•i� —-—- \\ -- _— —.-- 1 1 [411 [ D •—•--•-- .-- \ '--'— II [Si - 1:111 ai —. —9 I / - I I I 1 118 l[gan�� • [0I A r 2 I^_ �—l^Iii�,/ 1 [.l r [21® rW MCA 0x StRASNaa 10 n .7010,1a&-be'11ff EVER me i RC" artm 3 r .1/[4 6�2,l 1 CD —IJBI 10?1,1mo®r UNWOS : r —r..-..-,C a cunm O,P. - ¢am W.au�u rtc[Mil ^—oe,olE0RIOPO9®rWATER f •.° ra_ E I 1.r rrl err I 'M,�u�isw7ar!armsvmyna'.` VESTING TENTATIVE TRACT MAP maec2sa t329Q0� OnMlnc sciaz 0,rvp+ T.K41eh Comprnb•.��y� CD ^^ ! " r rov the ;,4r,0044 r smmuK ■ FCc Na. 52745 1 . (D l^J L;;i ',�' ' 1 r•rt8 �s4 t ^E�"°• ANOAKIA STE 'a' ~ `J L�•.or1 lYPI ICAL RQLLED GUTTER TYPICAL SIREEET"A" SECTION c11+'n^ r,s„�w._.. o.n x�o OM 1.•i xo-mn () v 1 Da•0 - , _r n K101 NC]_O1.T�- RE1051S2L5 ar2'®Bh _ V CDD co r� p Co tY • l ° - • • 2 ; • • i:.- ••3 /\ ..-• -r s\,. _„ i , • = I a' �y ••. wl .. 51NGNG `mo °a 3 a .y.,o 'w� w -N r 1 'o as CC a It . (•\..1.' ''' C3 II - . . < 1 * C \� N a ' ya a +'/ 9 ..y i r AIL' � � -a I 23 i 28 QZ I a., a°e� ' ,IL fs '/d O ao ` ` X 'I -O &n• 30 000 In .a I. ° c 3,. Iu (..q Y a,. v - _ ----r.r._{' a2 nn ' I _op, a ,'•� �aam �.. •� +`.I„ `. ze `? o nwf • 4 K O N , lv ,°� 'i.sq R D'°7.a uw r, ` �'o^' .'1 Nye pia IYt \\ , Q "'IMO IT..I aPSO��, Rp .v . c, ax Nea a° ?off �,. a +L S.r,j c ., _ tl� °4 4c, _ #lr 1 ` - 1 J M.G.41J-11,11 I IS . ,. �•�, 4'''' L' qa .3 °WO, ]°e.l, 'O' ' 7 ,I J 11 ilk - 4` RAC,+.-r .Na. 1 4 �i•• .. , ® ",.. �= A7 ac la _ O �'p 1�� - 2 ., L 5 R e R --•'+-'-- M.G• ST)-2J D. II ..° °..I�„NO °i) (J' /I .WS ? r9•�1= \,,\ • ` % ANOAKIA LANE ~ O, t za 7. ,..I as 1,..;.' I A 1.,,1 ” ....t, '4:....2.„.z. I \,\ Milli& ....:. ,.. .A` I a� I `' PoRT. LDT \ R-O & D22,000 a, ar-, ""� 1 ru 1 vid na, t LEAF ‘R°' n,r 1 RANCHO. +, __v r -.r H l R-0,: D 30,000 % A N 7 A A N 1 7 A + ARBOL ADA .»• A N D. 39 10 .I ^ 9e ih. _ Y 11 „° ‘ NOAKIA SITE °' 7D 09 1 is I m m .. , I r , ''-7 ° I 1-.. Q ,T ,J 7A \ .'n 15 '1 . ;1` K. 1.77-11,1.9120 J n 4 I \ I y■ "”" 1 I ,f,- _• V _ - .:FOOTHILL - I , ;1 ,.... . .'° a6 roo ro:,7T feo t:.tc .r T R-A.' G, :o I Q T „ m ., 4:1 ,. '5110 .. p I "L 3 4 S ' ,G +I'JI'. %, 4't�1 f . °�II rt"IT' .y_ I�` '`�7 • ....1-_r w n.. c' m .. ,` 5 "(7411__ f7n)__/,...(.9....T1ry_414.1) 6 n `N • 4:„.""..;z. ro- A c ET s. d`'^ .� o '=.a 0i °^ '-�.�” '�\�M ^ KATHERINE'LANE N 9' ��,')�'`++' 2 5 41 i 9 eje L?= I - ° `'o U '�c +o%m 1.-1,,1 .f;;;T �• ' ' ••3'•47. .y 3aq W 1 c° � " ;3 �'- I~I P.1 M II / �`� 7 ti 3'e 3.'90 4 : '�6.3 m a om =-1,1-.4 x 1I B:.I'0 ,N I J ° '"i0.4' .J•n..t J11 = r'y.6 _ ^b ,r > o 3 z : 4.'+. Iry 91' - /9 r ,I a-1 6� ,6 1. a 3€'r o�' r ��>^ Al: z' • 'n,...., �• L `. w f, 8 /f/ 6>.,iNs I T•'. 1r' 1 I, " ,•`: I ..,cl.;,•7.` d L1 PM i q 1 R .......y`\�.,..._- . FIGURE 2 ZONING MAP - ANOAKIA PROJECT Anoakia - CC Report December 7, 1999 • Page 9 SECTION 2 PROCEDURAL BACKGROUND AND ENVIRONMENTAL IMPACT ANALYSIS • Prior to taking action on a project, the City Council must certify the adequacy of the Final EIR and certify that the decision-making body reviewed and considered the information contained in the Final EIR. Based on an initial study, it was determined that a focused Environmental Impact Report was necessary. The EIR has been prepared to examine potentially significant adverse environmental impacts that could result from the development of the proposed project and further to identify mitigation measures that would either avoid or substantially reduce those impacts. Section 3 includes a Summary of Environmental Impacts and Mitigation Measures. A Notice of Preparation was circulated on May 5, 1999. The Draft EIR was available for review between July 21 to September 8. On August 24, 1999, a public • hearing was held before the Planning Commission to allow the public an opportunity to comment on the Draft EIR. It was noted in the staff report and at the public hearing that the City Council would be the final decision making body for purposes of certifying the Final EIR and approving both the conditional use permit and the vesting tentative map. On November 23, the Planning Commission reviewed the Final EIR and voted 3 to 0 with two members absent to adopt Resolution 1600 expressing the Commission's comments to the City Council on the Final EIR. PURPOSE OF AN EIR Pursuant to Section 15121 of the California Environmental Quality Act (CEQA) Guidelines and Section 21002.1 of the Public Resources Code, the EIR is an information document that informs the decision-makers and the public of: • Significant adverse environmental effects of a project; • • Possible ways to minimize the significant effects; • Describes reasonable alternatives to the project; and • Indicates the manner in which these significant effects can be mitigated or avoided. Anoakia - CC Report December 7, 1999 Page 10 N , Section 21002.1[c] of the Government Code states that "If economic, social or other conditions make it infeasible to mitigate one or more significant effects on he environment of a project, the project may nonetheless be carried out or approve at the discretion of a public agency if the project is otherwise permissible under applicable laws and regulations." Cotton/Beland Associates under contract With the City and under the City's directon prepared the EIR. The City conducted its own independent evaluation and analysis of the Draft EIR prior to releasing the document for public review. Set forth below is a summary of the major environmental impacts of the project: HISTORIC RESOURCES The EIR identifies the following "unavoidable significant impact" that would result if the project is approved as proposed: • Demolition of the 15 buildings on the site which appear to be eligible for listing on the National Register of Historic Places and the California Register of Historic Resources under Criterion B (significant individuals) and Criterion C (design). The 1996 General Plan notes that the "Anoakia School site, located at 701 est Foothill Boulevard, is listed on the State Office of Historic Preservation's His oric Property Data File as appearing eligible for listing on the National Registe of Historic Places". The General Plan further comments that "Preservation or adaptive reuse of his oric structures and landmarks within the planning area is the preferred approch. Where preservation or adaptive reuse is not possible, future development of ites containing significant historical, cultural or architectural character should respect the character and historical references of the original feature. In addition, where appropriate, relocation of historic structures is encouraged if feasible and if Their . preservation in place is not possible." . . The applicant submitted a Preliminary Rehabilitation Estimate along with an estimate for the movement of the top two floors of the structure to the Arbore urn. The estimates were based on visual inspections of the property, review of struc ural retrofit plans prepared by Coil & Welsh engineers and an initial project walk-thru and scope of development process. Based upon this evaluation, it was determined that it would cost in excess o l $5 million, excluding soft costs, site work, furniture, fixtures and equipment to r �troft and rehabilitate the dwelling in accordance with the California Historical Bui'ding Code. It was also estimated that it would cost between $500,000 and $850,000 to move the building to the Arboretum. The City's environmental consultants reviewed Anoakia - CC Report December 7, 11999 Page 11 • these figures and felt that these numbers were reasonably accurate. A copy of this report is included in Appendix E of the Final EIR. Mitigation measures have been identified. in the Mitigation Monitoring Plan (Section 3, page 17) relating to the removal of dwellings and structures on the site. BIOLOGICAL RESOURCES The EIR notes that implementation of the project will result in the removal of 35 oak trees, specifically 31 Coast Live oaks and 4 Engelmann oaks. The project will also potentially encroach upon the remaining 105 oak trees' protected zones. These impacts are considered significant, but can be mitigated to a less than significant level. The Arcadia Municipal Code encourages the preservation and propagation of oak trees for the benefit of the current and future residents of the City; however, the code does not prohibit the removal of oaks trees. The City does allow removal of oak trees through the Oak Tree Removal permit or as part of a development permit. One of the proposed mitigation measures is that the replacement of the 35 oaks shall be at a ratio of 3 Engelmann oak replacement trees for every removed Engelmann oak and replacement of 2 oak trees for every other type of oak tree removed from the property. A minimum of 70 trees shall be planted and no less than 12 of these shall be Engelmann Oaks, and if available, up to 35 replacement trees shall be Engelmann oaks. The replacement oaks shall be a minimum of 60" boxed stock. If the availability of 60" boxed is limited, with the approval of the City, smaller stock can be used, but not less than 36" box. The developer shall be responsible for replacement of any oak tree (new or existing) that dies during the period of time that construction by the developer is taking place on the property. In addition the Covenants, Conditions . and Restrictions (CCRs) shall include covenants and disclosure statements that the newly formed homeowner's association is responsible for replacement of any oak trees located within the common area and that private property owners are responsible for compliance with the City of Arcadia oak tree regulations. Transplanting Trees The discussion of transplanting oak trees was originally addressed in the Draft EIR. In response to testimony received at the hearing on the Draft EIR and concern that transplanting oaks might not be effective, this option was eliminated from the mitigation measures set forth in the Final EIR. Based on staffs experience, transplanting oaks can be successfully accomplished under certain circumstances. The City Council may wish to consider allowing trees to be transplanted based on the same mitigation monitoring requirement set forth in Anoakia - CC Report December 7, 1999 •Page 12 Z l the Mitigation Monitoring Plan. Attached is Exhibit B, page 71) which discuss s transplanting of oaks. OTHER IMPACTS The EIR also identifies the following "potentially significant impacts" that can be mitigated to a less than significant level: • Short-term noise impacts from site preparation and construction; • Computed peak ground acceleration is higher than the standard envelope of he 1997 Uniform Building Code; and • Proximity of project site to the official delineated liquefaction zone. Less than significant impacts are identified on page vii of the EIR. ALTERNATIVES The CEQA guidelines require that a range of alternatives be addressed governed by the "rule of reason". Not every conceivable alternative needs to be addressed nor do infeasible alternatives need to be considered. The Guidelines state that the discussion of alternatives must focus on alternatives capable of either eliminating any significant environmental effects of the project or reducing them to a less than significant level while achieving major project objectives. As noted above, the most significant unavoidable impact is on historic resources due to demolition of the structures on the site. The following Alternatives have been identified on page 38 of the Final EIR. • Alternative 1: No project (mandatory CEQA alternative) • Alternative 2: Preservation Reuse of the Baldwin Residence - this alternative considers rehabilitating the existing residence on the site and subdividing the parcel to provide approximately 27 half-acre, residential lots for subsequent development of single-family homes. The Anoakia mansion would be use as either a residence or center for the residents of the project. • Alternative 3: Reuse of the Baldwin Residence and Other Structures - this considers preservation of the residence and related structures and ground for use as a museum, community center, park or resident summer camp When school is not in session. Anoakia - CC Report December 7, 1999 Page 13 • Alternative 4: Re-establishment of a Private School - all the structures would be required to be repaired and upgraded to comply with the City and State seismic standards. Alternatives 3 and 4 would require a Conditional Use Permit. In addition, supplemental environmental review may be required for either project depending on the use and any potential adverse environmental impacts that have not been addressed in this EIR. MITIGATION MEASURES Mitigation measures have been identified in the Mitigation Monitoring Program (Section 3, page 17). FINAL EIR (FEIR) Prior to taking any action on the project, the City Council must certify that the Final EIR: • has been completed in compliance with the California Environmental Quality Act (CEQA); • has been reviewed and considered by the City Council; and • represents the City's independent judgment and analysis. Responses to Comments on the Draft EIR are included in Section 7, page 47 of the Final EIR. The CEQA process requires only a once-around review process. Public review is required only at the draft EIR stage. The final EIR can be submitted directly to the. decision-making body of an agency for consideration. Section 15089 of the CEQA guidelines states: The Lead Agency (City of Arcadia) shall prepare a final EIR before approving the project. Lead Agencies may provide an opportunity for review of the final EIR by the public or by commenting agencies before approving the project. The review of a final EIR should focus on the responses to comments on the draft EIR. The City's environmental consultant has prepared an Errata supplement dated November 29, 1999 (Exhibit D, page :75) which is part of the Final EIR. As explained in Exhibit E, the Errata has been prepared to include a mitigation Anoakia - CC Report December 7,, 1999 Page 14 measure that was inadvertently omitted from the Executive Summary Table and to replace the more general language in certain mitigation measures listed in the Fi ial EIR with more specific language. This will ensure more effective implementatior of the mitigation measures. No additional or new information or requirements has been included in the Errata. STATEMENT OF OVERRIDING CONSIDERATIONS After considering the Final EIR in conjunction with making findings, the City must not approve the project if the project will have a significant effect on the environment after imposition of feasible mitigation or alternatives unless the City finds that the benefits of a proposed project outweigh the unavoidable adverse environment effects. If the City Council determines that the project should be approved, the City is required. by CEQA to prepare a Statement of Overriding Considerations explaining why the City is willing to accept each significant effect. This allows the decision-maker to balance the benefits of a proposed project against the unavoidable environmental risks in determining whether to approve the project. The statement setting forth the overriding considerations, supporting-the City's deci ion must be based on substantial evidence in the Final EIR or elsewhere in the recokd. Attached for the City Council's review and consideration is Findings of Fact and a Statement of Overriding Considerations prepared by the City's consultants in concert with City staff. (Exhibit E, page 78) Anoakia - CC Report December 7, 1999 Page 15 SECTION 3 MITIGATION MONITORING PROGRAM CEQA requires that for each significant impact identified in the EIR, the EIR must discuss feasible measures to avoid or substantially reduce the project's significant environmental effect. A lead agency must adopt a Mitigation Monitoring Program for mitigation measures that are adopted or made conditions of project approval to mitigate significant effects. It is the responsibility of the lead agency to ensure that the implementation measures occur in accordance with the Mitigation Monitoring Program. The objectives of environmental monitoring are: • To insure implementation of mitigation measures during project implementation. • To provide feedback to agency staff and decision-makers about the effectiveness of their actions. • To identify the need for enforcement action before irreversible environmental damage occurs. The Mitigation Monitoring Program identifies who will be responsible for monitoring the progress of mitigation measures adopted by the City, when and how often the monitoring shall be done and a discussion of monitoring and reporting procedures. The City Council must adopt a Mitigation Monitoring Program if it approves the project. The Mitigation Monitoring Program is attached to this Section. Anoakia - CC Report December 7, 1999 Page 16 - -- --- -- Exhibit A CITY OF ARCADIA MITIGATION MONITORING PROGRAM ANOAKIA RESIDENTIAL DEVELOPMENT APPLICANT: Arcadia Oaks,LLC ADDRESS: c/o Hover Development Company 3501 Jamboree Boulevard Newport Beach, CA 92660 PROJECT LOCATION: Northwest corner of Foothill Boulevard and Baldwin Avenue PROJECT APPROVAL DATE: PROJECT DESCRIPTION:The proposed subdivision will consist of 31 residential lots on a 19.1- acre site with necessary streets and utilities. Construction of 31 homes will be preceded by the demolition of existing structures, removal of a number of existing mature trees including oaks, conversion of an existing drainage channel to covered box drain on a portion of the channel, and addition of a pumping well at the northeast corner of the property. MITIGATION MONITORING PROGRAM: A Final EIR for the proposed project requires certain mitigation measures to reduce significant impacts to less-than-significant levels. Pursuant to the California Environmental Quality Act(CEQA) Section 21081.6, this mitigation monitoring program has been prepared to ensure implementation of those measures. It may be necessary and appropriate to modify the specifics of the mitigation measures in order to meet the intent of the City to minimize or eliminate significant environmental effects as documented in the EIR,the Statement of Findings and Overriding Considerations,and the Mitigation Monitoring Program. These changes may be required because of changes to the proposed project, changes in the environment around the project, or other changes which make the mitigation measures include in the EIR infeasible, inappropriate to be implemented, or unnecessary to mitigate the significant environmental effects of the project. Modifications to the mitigation measures may be made by the Development Services Directgr. subject to one of the following findings, documented by evidence included in the record. Findings and related documentation supporting the findings involving modifications to mitigation measures shall be maintained in the project file with the Mitigation Monitoring Program and made available to the public on request: • 1.The mitigation measure included in the EIR and the Mitigation Monitoring Program are no longer required because the significant environmental impact identified in the E1R has been found as a result of changes in the project,changes in conditions of the environment,or other Anoakia Residential Development 7 Mitigation Monitoring Program Anoakia - CC Report December 7, 1999 Page 17 I`IUV-GN-17JJ Au•11 I.0 I I LIII LJGLIII\V f"IJJU1•.1f11 GJ UGU JU'1 V1CIL I .1I �✓ 1 1 factors, not to exist,or to occur at a level which makes the impact less than significant. OR 2. The modifications or substitute mitigation measures to be included in the Mitigation Monitoring Program provide protection of the environment equal to or greater than that afforded by the mitigation measure included in the EIR and the Mitigation Monitoring Program. AND The modified or substitute mitigation measures do not have significant adverse effects on the environment in addition to or greater than those which were considered by the lead agency in its decisions on the EIR, the proposed project and the Statement of Overriding Considerations for the proposed project. AND • The modified or substitute mitigation measures are feasible, and their implementation can be assured by the lead agency through measures included in the Mitigation Monitoring Program or other City procedures. Anoakia Residential Development _ Mitigation Monitoring Program Anoakia - CC Report December 7, 1999 Page 18 . L Anoakia Residential Development D Mitigation.Monitoring Checklist ii (continued) - . L Anoakia Residential Development Project. r Mitigation Monitoring Checklist r 0 Issue Environmental Impact 1 Mitigation Measures. Monitor/Report Timing/Frequency o o Historic 15 buildings on site that 1. Prior to the issuance of a demolition permit,the Applicant shall Community Prior to issuance of - Resources appear to be eligible for produce at its cost and expense up to five sets as determined by the Development Demolition Permit listing on the National • City,of a documentation survey of the property and all historically Division, l J . Register of Historic Places significant buildings and structures in accordance with the Historic Planning ! - and California Register of American Building Survey standards.This document shall include Services Historic Resources will be archival quality photographs of exterior features,elevations,and demolished. . - significant interior features.Scaled,'as-built"site plan and floor plans shall also be produced and an historic documentation report included in the documentation package.The documentation package will be archived at an appropriate location determined by the City and subject to an agreement approved by the City,including the Arcadia y `Library,Arcadia Historical Society,and the Arboretum of Los . Angeles County. . 3 n • n . = 2.In consultation with a historic preservation professional approved Community Prior to issuance of • z - by the City and compensated by the Applicant,the Applicant shall Development Demolition Permit 1. produce at its cost and expense an interpretive plan for the property Division, - .0 for a permanent display before issuance of a demolition permit.The Planning ' City shall solicit proposals for locating the display and choose the Services z . most appropriate.location subject to an agreement approved by the - City. A possible location could be the Arboretum,the City library, 5 City historic museum,or similar location. Displayed materials may • include photographs(current and historic)and written materials. ' • describing the historical themes associated with the property. n . c D . n o n • 0 o 00U 77c, 9 3 !' a Residential Development Page 17 Mitigation Monitoring Program J (D c) cD . co 0 • • Anoakia Residential Development Mitigation Monitoring Checklist (continued) Issue Environmental Impact f Mitigation Measures l Monitor/Report I Timing/Frequency r - 3. If any party submits within thirty(30)days of final approval by the Community Prior to issuance of i City of Arcadia of the Conditional Use Permit and Vesting Tentative Development Demolition Permit Map,a completed application to the City pursuant to the Arcadia Division, Municipal Code Section 8631 et seq.,as determined by ihe`City of Planning )- Arcadia in its sole and absolute discretion,to relocate the main Services structure or portion thereof or any historic and/or artistic interior - and/or exterior attached and/or unattached building elements on the premises,then the Applicant shall enter into an agreement with such a party to allow for relocation without payment to the Applicant, subject to following: a)The agreement shall provide that the party seeking such • relocation shall bear all costs and expenses of such relocation, and shall provide for reasonable indemnification of the applicant by that party,that the party shall post a bond with the City equivalent to the City's estimate of costs of such . _,relocation,that party shall obtain general liability insurance covering the relocation in an aggregate amount of at least$5 million,and the developer shall not unreasonably fail to execute such agreement;all of the foregoing subject to the determination and approval of the City in its sole and absolute discretion. The agreement shall provide that the relocation ° shall be completed within ninety(90)days following the final approval by the City of the CUP and Vesting Tentative Map. Furthermore,the Applicant shall make payment to a not for profit charitable organization qualifying as such under Internal Revenue Code Section 501(c)(3)equal to the actual costs of segregating and preserving during demolition of structures,and thereafter relocating all of the certain items listed to be donated to the Los Angeles County Arboretum and to the City of Arcadia as set forth in certain • letters from McCaslin Properties dated November 15, 1999. c O 1 (D 0 (0D aloe Residential Development Page 18 Mitigation Monitoring Program (D n ((DD co c (00 O CO • - Anoakia Residential Development Mitigation Monitoring Checklist D (continued) L • V a Issue Environmental Impact Mitigation Measures Monitor/Report Timing/Frequency 7 . . a 7 Historic 4. A qualified historic preservation professional approved by the City Community During demolition n Resources and compensated by the Applicant shall be present on-site during Development (cont.) demolition to ensure appropriate removal and handling of historic Division, O ! and/or artistic,interior and/or exterior,attached and/or unattached Planning building elements- Services 1 I 5. The City shall comply with requirements in Section 15064.5(f)of Community During demolilion, the CEQA Guidelines which specify the procedures to follow in the Development grading,and event of discovery of archaeological resources. Division, construction Planning Services n Biological Removal of 35 oak trees, Prior to issuance of a demolition permit,a Horticultural Tree " Community Prior to issuance of Resources specifically 31 Coast Live Consultant(HTC) shall submit a plan showing the proposed location Development Demolition Permit = oaks and 4 Engelmann of new trees on the project site and plan for protecting the remaining Division and -. oaks. trees which the HTC has deterrnined may be encroached upon Public Works n I during construction. Services Dept. ' a If all trees cannot be located on-site,remaining trees shall be planted Public Works Within six month 1 al the Applicant's expense in dedicated open space location(s) Services after issuance of _1 approved by the City within six months from issuance of a grading Department grading permit n permit. z S The HTC shall be present on-site during all replacement to ensure Community During construction 5 proper planting,and during construction to ensure protection of Development and tree y J remaining oak trees on-site. Division, replacement ■ Planning • Services > D o n c) sv 3 , oakia Residential Development Page 19 Mitigation Monitoring Program CD n "D v SD 71 . (� CO-0 IV CD 0 C Anoakia Residential Development a Mitigation Monitoring Checklist • (continued) � Issue I Environmental Impact I Mitigation Measures [Monitor/Report Timing/Frequency r Biological r 1.Replacement of the 35 oak trees shall be at a ratio of 3 Community Prior to issuance of a Resources Engelmann oak replacement trees for every removed Engelmann Development Occupancy Permit (cont.) oak tree and of 2 oak trees other than Engelmann oaks for every Division and jremoved oak tree as determined by the HTC and the City to ensure Public Works long term survival. A minimum of 70 oak trees shall be planted,and Services Dept. • no less than 12 of these replacement oak trees shall be Engelmann oaks and if available,up to 35 replacement trees shall be Engelmann • oaks. The replacement trees shall be 60 inch boxed stock. If the availability of 60 inch boxed is limited,with the approval of the HTC and the City,smaller stock can be used. However,stock may not be less than 36 inches. The replacement trees can be located on site or.l , oft site in an area of dedicated open space,such as a public park,or at other such locations deemed appropriate by the City of Arcadia. u The developer shall replace any oak tree(new or existing)that dies during the period of time that construction by the developer is taking place on the property. .1 nThe final plans shall contain the Covenants,Conditions and E Restrictions(CCRs)that include covenants and disclosure statements that the new Homeowner's Association is E responsible for replacement of any oak trees located within the o common area and that private property owners are responsible for compliance with the City of Arcadia oak tree regulations as set forth in Section 9700 of seq.of the Arcadia Municipal Code • and successor ordinances. Oak trees that dies from natural 3 causes shall be subject to removal per City's oak tree regulations in Section 9700 et seq.of the Arcadia Municipal Code and any successor ordinances. 2. The mitigation techniques shall be observed on-site by the HTC, Community During demolition, paid for by the Applicant.The HTC shall be notified 48 hours prior to Development grading,and any work being done to the trees.Tree protection mitigation Division and construction techniques as specified in Section 3.2 should ensure that the Public Works• • I remaining 105 oak trees on the site will remain as valuable assets to , Services Dept. Cj o the community. I _ CD ED • n X. 3 sy uakia Residential Development Page 20 Mitigation Monitoring Program cs CD 0 . N '' O (0 10 - 5 Anoakia Restdentiat Development 5 Mitigation Monitoring Checklist - a (continued) J r issue I Environmentalimpact Mitigation Measures I Monitor/Report Timing/Frequency D r. j 3.To ensure that no nests of native birds will be affected by Community During demolition, i i construction activity the Applicant shall engage services of a Development grading,and 3 qualified biological monitor to.monitor construction on the site if the Division, construction p I project construction takes place during the nesting season,which Planning typically extends from March to late July. Services ,J Short-term Site preparation and 1. Loading operations and staging for trucks for removal of material Community During demolition, Constructio construction will produce from the site shall not take place within 200 feel of the residences Development grading,and n Noise noise from heavy adjacent to the western property line.The most desirable location for Division,Building construction , equipment,with varying loading in terms of minimal noise impact on the surrounding Services frequency and intensity for residences is the center of the southeastern half of the site. the duration of construction. • , n . u .. Short-term i 2. Muffled construction equipment shall be used by the construction Community During demolition, , i Constructio f contractor whenever possible. Development grading,and n n Noise i Division,Building construction _ (cont.) • Services tr a = 3, The contractor shall designate a construction liaison staff member Community During demolition, J who will deal with construction noise or other concerns that may Development grading,and n arise, and shall provide the name and telephone number of this Division,Building construction E individual to the City. The name and telephone number of a contact Services - person for comments or complaints by the area residents shall be 5 posted on the site at the main construction entrance or in another ! - location clearly visible horn surrounding sidewalks. • 4. The City of Arcadia restricts construction activity to between the Community - Demolition, hours of 7:00 AM.and 7:00 PM.Monday through Saturday. No Development Grading,and . construction is allowed on Sundays.To protect the residences Division,Building Construction adjacent to the project site to the west,as well as the residences Services across the street to the north and east,no construction involving high-noise equipment or deliveries by semi-trailer trucks shall take D place on Saturdays. . 0 o (D t)) 0— 'ED is Residential Development Page 21 Mitigation Monitoring Program N 0 m - 7 (.Q _k (D CD co-p W • • r Anoakia Residential Development ` Mitigation Monitoring Checklist a • 9 (continued) ii I- L O I- v 9 Issue -Environmental Impact Mitigation Measures I Monitor/Report l Timing/Frequency 7 7 5. Access to the subdivision will not be provided on Anoakia Lane • Community During demolition, 9 either during construction or after completion of the project. Development grading, and Division,Building construction,and D Services after completion Geology The peak ground 1. The structures shall include special earthquake design by a Community Prior to issuance of acceleration computed for California Registered Structural Engineer.The City of Arcadia shall . Development i Building Permit the site is higher than the use the PGA of 0.69g for plan-check purposes. Division,Building standard envelope of the Services 1997 Uniform Building Code. . Geology 2. To mitigate the potential for liquefaction.subsurface geological Community Prior to issuance of n (cont.). . drilling shall be performed to determine the exact location of the Development Grading Permit/and water!able under the project site.If the water table is shallower than ' Division,Building during grading and 2 currently known,an analysis for the potential for liquefaction shall be Services construction performed: lithe analysis concludes a high potential for liquefaction, n - then specific engineering design techniques identified such as the i i following shall be implemented: . a , z r • The ground surface shall be properly bacicftled and compacted. a • Over excavated soils in the building area shall be recompacted z as appropriate. • • Fill and backfill shall be compacted to 90%or more of the H maximum dry density as appropriate.• U • Final site grading shall be such that all water is diverted away from the structures,and is not allowed to pond. _ • Isolated pad footings shall be used for support of structures as appropriate. ! • • The lateral earth pressure to be resisted by retaining walls or • similar structures shall be increased as to allow for surcharge • loads as appropriate. • • Weepholes or an equivalent system of backfill drainage shall D be incorporated into the retaining wall design as appropriate. . 17 p (D fl) N • 3 m akia Residential Development Page 22 Mitigation Monitoring Program (D 0 • co(D _, (D co NCDO -P co �- JM : McCaslin Properties FAX NO 625.;355 6E54 P-7. 02 1999 11:53RM P2 ' SENT BY:Xerox Ti.14cD016- 1020 -,1_-:e 3;32AM ; 3105:20,7“5 35,5 gash , 1 • : Mc aslin Fro,trtieS• FPx N0, ; 025 355 9051 Pus, 22 13,79 c9,59AM PI McCaslln Prow iea 19 Suffolk Avenue,fS its B Sierra Madre, Catiforni; 9' 024 • (e26) 355-3355 • November 15, 1999 . • • Via: fax 447-9173 Ms. Donna Buttler City of Arcadia 2491 N. Huntington Drive • Arcadia, California 91007 Ms. Butter; Attached is a list of Items from the "Anoakia Eat a1:►", which the McCaslin Family has decided to donate to the City of Arcadia. Z iese items must be removed during the month of January 2004. If the city :t•ooses to accept the following items as a donation than the removal will be ai t le sole expense of the City of Arcadia. Please respond to us by Novembe r 19, 1999 with your letter of • acceptance. • • :'We hope you will be as excited about the list as 1,i are to donate them • • I cerely, • • • Ufa McCaslin MMc;lp • • • Anoakia - CC Report December 7, 1999 Page 25 DM : McCaslin Properties FAX NO. : 625 355 9854 Aug. 02 1999 11:54RM1 P3 , • McCaslin Prope-ties • • 19 Suffolk Avenue, >uite B Sierra Madre, Califorr,a 91024 (626) 355-335 items to be donated to C ty of Arcadia (from City wish list dated Jt, )e 18, 1998) • 1. Carved molding in the living room for around Mayor's office 2. Entire Newel stairway railing and post located in basement (known as the (billiard room) 3. • Bottle glass windows located in Jinx n nom in basement • 4. Bottle glass accordion doors leading bowling alley 5. Two molds for living room and library imade by movie company) 6. Outside urn/fountain (known as dragoi I pond) • Anoakia - CC Report December 7, 1999 Page 26 JM McCaslin Properties FAX NO. : 626 355 9254 Aug. 02 1999 11:54AM P4 .cii cf•xerdx 1'Itczoier 7020 .1'-72-59 . B:34AM c _ ��.�2C' 525 0:., oocG I. 2 FROM : Mdaslin Properties FAX N . : 625 355 ;04 A� ,S' : • 9. 62 �5 99,57A Pl M;Carlin Front! 19 atzfalk Avs;nuc, it Sierra Madre, Caliternlz. 11024 0320 399-336+3 November 15, 1999 Ma. Sandy Snider The Arboretum County of Los Angeles 301 North Baldwin Avenue Arcadia, California 91007-2897 Dear Sandy, Attached is a list of items from the "Anoakia Est 111:x', which the McCaslin Family has decided to donate to the Los Angeles Count arboretum. These items must be removed during the month of January 200{ . if the.Arboretum chooses to accept the following items as a donation than removal will be at the sole expense of the Arboretum. Please respond to u 1 by November 19, 1999 with your letter of acceptance, We hope you will be as excited about the fist as i re are to donate them Sin rely, • ark cCasiin MMc;fp Anoakia - CC Report ` December 7, 1999 Page 27 .OM : McCaslin Properties FAX NO. : 626 355 se54 Rug. 02 1999 11:55AM P5 Items to be donated to Los Angel( s County Arboretum (from arboretum wish lists dated P )ril & June 1998) 1. Two large E.J. Baldwin display wine c asks and 2 small wooden kegs (currently in basement) 2. Entire Batchedler tile fireplace from the office of Lowry B. McCaslin • 3. J.J. cut glass chandelier and matching sconces from the dinning room 4. J. J. Sommans etched peacock door 5. Leather upholstered arm chair currei tly in the library 6. All ornamental bronze entrance gat:::s surrounding Anoakia 7. Concrete columns and wood pergolas :;urrently on the ground by the swimming pool 8, Two marble benches located by dragoi pond 9. Alabaster wishing well currently locates I on the south lawn 10. All wood paneling, Batchelder & mahot zany fireplace located in dinning room 11. Fireplace located in living room • 12. Batchelder Fireplace, paneling and boc kcases located in library Anoakia - CC Report December 7, 1999 • Page 28 • SECTION 4 PLANNING COMMISSION RECOMMENDATION The Planning Commission held a public hearing on the Final EIR, the conditio aI use permit and the vesting tentative map on November 9, 1999. Based on he - evidence presented at this meeting and visits to the Anoakia property, he Commission at its November 23, 1999 meeting voted 3 to 0 with two members absent to adopt the attached Resolutions 1599 and 1600 as follows: Resolution 1599 — A resolution of the Planning Commission of the City of Arcadia, California, recommending approval of Conditional Use Permit 99-0- 04 and Vesting Tentative Map .52745 for the property located at 701 'W st Foothill Boulevard, more commonly known as the Anoakia property. Resolution 1600 — A resolution of the Planning Commission of the Cit of Arcadia, California, expressing the Commission's comments to the 1 ity Council on the Final Environmental Impact Report for Conditional Use Permit 99-004 and Vesting Tentative Map 52745 for the property located at 701 West foothill Boulevard, more commonly known as the Anoakia property. The Planning Commission did express concern regarding Condition 12 included in Exhibit A of Resolution 1599 which notes that: "Furthermore, the applicant shall make payment to a not-for-profit charit ble organization qualifying as such under Internal Revenue Code Section 501(c (3) equal to the actual costs of segregating and preserving during demolition of the structure, and thereafter relocating all of the certain items listed to be donate91 to the Los Angeles County Arboretum and to the City of Arcadia as attached to these conditions. The approval of this C.U.P. and Vesting Tentative Map are conditional upon all items on such lists being preserved and relocated to the recipient parties specified therein." The Commission requested that the Development Services Department continu to • work with the developer in establishing a definite cost for payment to a not-for-p1 ofit charitable organization. - The November 9 and November 23 Planning Commission minutes are attache for the City Council's information (see Exhibit F, page 107). Anoakia - CC Re ort December 7, 1999 Page 29 • RESOLUTION 1.599 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, RECOMMENDING APPROVAL OF CONDITIONAL USE PERMIT 99-004. AND VESTING TENTATIVE MAP 52745 FOR THE PROPERTY LOCATED AT 701 WEST FOOTHILL BOULEVARD, MORE COMMONLY KNOWN AS THE ANOAKIA PROPERTY. WHEREAS, on January 25, 1999, the Keith Companies on behalf of Arcadia Oaks LLC filed applications for development of the Anoakia property into a 31 lot residential planned development, Community Development Division Cases No. C.U.P. 99-004 and Vesting Tentative Map 52745 located at 701 West Foothill Boulevard, the northwest corner of Foothill Boulevard and Baldwin Avenue, more particularly described as: That portion of Rancho Santa Anita, and of Lot 3 of Tract 948, in the City of Arcadia, as shown on Map recorded in Book 17, Page 21 of Maps, in the office of the Los Angeles County Recorder, State of California, described as follows: Beginning at the point of intersection of the westerly right of way line of Baldwin Avenue, said line .being 40' west of the centerline of Baldwin Avenue and the north right-of-way line of Foothill Boulevard, said line being 40' north of the centerline of Foothill Boulevard, the "Point of Beginning," thence north 02° 59' 40" east 770.97 feet, thence south 88° 41' 00" west 1107.55 feet; thence south 01° 18' 30" east 771.13 feet, thence north 88° 39' 52" east 1049.55 feet, to the point of beginning. WHEREAS, a public hearing was held on November 9, 1999 at which time all interested persons were given full opportunity to be heard and to present evidence; NOW, THEREFORE, THE, PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: Section 1. That the factual data submitted by the Community Development Division in the attached report is true and correct. Section 2. In regards to the Conditional Use Permit, this Commission finds: 1. That the purpose of residential planned developments is to encourage well- planned developments by providing the means for greater creativity and flexibility in environmental design than is provided under the strict application of the zoning ordinance and the subdivision regulations while promoting and preserving the public interest, health, safety, welfare and property values. It is the consensus of the Planning Commission that the proposed project is well-designed for this .site, that the homes complement other dwellings in the neighborhood and that the applicant has made considerable effort to design a project which has minimal impact on the surrounding neighborhoods. -1- . Anoakia - CC.Report December 7, 1999 Page 30 2. That the proposed 31 lot residential planned development is permitted with an approved conditional use permit pursuant to Division 5, Part 7, Sections 9275.1, et seq. of the Arcadia Municipal Code which establishes specific regulations for residential planned developments. The Vesting Tentative Map confers a vested right to proceed with development in substantial compliance,with the ordinances, policies and standards in effect at the date the local agency has determined that the application is complete. 3. That the site contains 19.1 acres and is adequate in size to accommodat the 31 lot residential planned development. The lots, dwellings and streets have been designed in an effort to save as many trees as possible and there will be minimal change in the existing grade to reduce the impact on the remaining trees and the surrounding properties. 4. That the site abuts Baldwin Avenue and Foothill Boulevard which are both adequate in width and pavement type to carry the traffic generated by the proposed use. The project will be developed with private streets with a gated entry off of Baldwin Avenue and an emergency access on Foothill Boulevard. There will be no access to the subdivision on Anoakia Lane. The existing gate on Anoakia Lane will be rerroved and a new wall constructed to match the existing wall. 5. That the subject site is designated as single-family residential 0-2 du/ac on the General Plan. The existing R-0 & D 22,000 zoning is consistent with] this designation and the average lot size in the subdivision is 23,228 sq. ft. Granting of this Conditional Use Permit will not adversely affect the comprehensive General Plan. Subject to the conditions set forth in this Resolution, with the exception of historic preservation, the use applied for will not have a substantial adverse impact on the environment. 6. That based on the Planning Commission's observations of the premises including the structures, the consensus of the Commission is that the main d elling located on the premises has seriously deteriorated during the past few years. The house is primarily a shell with most of the interior elements gone with the exception of certain fireplaces, bookcases and other details that are primarily an integral part of the building. Based on information submitted for the Final Environmental Impact Report ("FEIR"), the expense for rehabilitation would be excessive, costing in excess of five million dollars ($5,000,000), excluding soft costs, site work, furniture, fixtures and equipment to retrofit and rehabilitate the dwelling in accordance with the California Historical Building Code. (See Appendix E in the FEIR). Section 3. In regards to the Vesting Tentative Map, the Commission makes the following findings: -2- Anoakia - CC Report December 7, 1999 Page 31 1. That the project and the provisions for its design and improvements are consistent with the Arcadia General Plan and that the discharge of sewage from the project into the public sewer system will not violate any requirements prescribed by the California Regional Water Quality Control Board for this region. 2. That the evaluations of the environmental impacts as set.forth in the FEIR are appropriate; that this project will not have a significant effect on the environment; that when considering the record as a whole, there is no evidence that this project will have any potential for adverse effect on wildlife resources or the habitat upon which the . wildlife depends; and, therefore, the Commission recommends approval and filing of a Notice of Determination. 3. That it is reasonable and appropriate to authorize and direct the Development Services Department to approve and execute, if necessary, a subdivision agreement for this project. Section 4. That for the foregoing reasons the Planning Commission recommends to the City Council approval of Conditional Use Permit 99-004 and Vesting Tentative Map 52745 for a 31 lot residential planned development based upon plans submitted by the Applicant to the City as of date of this Resolution, subject to the Conditions of Approval set forth in attached Exhibit A. Section 5. The decisions, findings and conditions contained in this Resolution reflect the Commission's direction at its meeting of November 9, 1999 and the following vote: AYES: Commissioners Huang, Murphy, Sleeter, Kalemkiarian NOES: Commissioner Bruckner ' ABSENT: None • Section 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. Anoakia - CC Report • -3- December 7, 1999 Page 32 I HEREBY CERTIFY that the foregoing Resolution was adopted at a rIgular meeting of the Planning Commission held on the 23 day of November, 1999 by the following vote: AYES: Commissioners Kalemkiarian, Murphy, Huang NOES: None ABSENT: Commissioners Bruckner and Sleeter Chairman, Planning Commission City of Arcadia ATTEST: Secretary, Planning Commission City of Arcadia 0 Approved by: Stephen P. Deitsch, City Attorney Anoakia - CC Report -4- December 7, 1999 Page 33 EXHIBIT A CONDITIONS OF APPROVAL C.U.P. 99-004 AND VESTING TENTATIVE MAP 52745 • 1) The conditions of approval include all mitigation measures as set forth in the attached Mitigation Monitoring Plan (Exhibit B) with the following addition to Mitigation Measure Number 1 under Historic Resources which shall include the requirement that the documentation package be archived at the Arcadia Library along with other locations determined appropriate by the City. • 2) The design of the project shall be in substantial compliance with the Vesting Tract Map 52745 dated September 15, 1999 on file in the Community Development Division, Development Services Department. 3) The Conditions as set forth below from the Public Works Services Department shall be complied with to the satisfaction of the Public Works Services Director. a) The water distribution shall provide a minimum of 2000 gallons per minute (gpm) fire suppression capability; existing zone pressure in the surrounding area is from 100PSI. b) The developer shall provide a water hydraulic model showing minimum 2000 gallon per minute 'available from any hydrant on site with the preliminary design submittal. • c) The on-site water system shall be constructed by the Applicant per City design standards and criteria and shall be subject to the approval of the City of Arcadia Public Works Services Department and the Applicant shall submit to the City all bonds to guarantee satisfactory completion of the water system in a form' and substance approved by the Public Works Services Department. d) The water pipeline shall be constructed using class 350 ductile iron pipe. 'e) The final on and off-site fire hydrant location shall be subject to the approval of the city of Arcadia Public Works Services Department and Arcadia Fire Department f) No water service lateral, meter, flush-out or fire hydrant may be located in any driveway or may be closer than three (3) feet from the top of"x" of any driveway or other utility and location is subject to the approval of the City of Arcadia Public Works Services Department. Anoakia - CC Report December Pa9e 34 • g) All back-flow prevention devices for fire protection and landscape irrigatio T systems shall be screened and the locations subject to approval of th Development Services Department. h) The developer shall irrevocably offer for dedication to the City, prior to recordation of the final map, the agreed upon property necessary for the construction and operation of a water well at the back portion of proposed Lot 14. i) The. developer shall provide access onto the premises during normal working hours to the Public Works Services Department staff for the well site surveys upon approval of this conditional use permit, and Vesting Tentative Map. j) The well shall be in place and operational before issuance of Certificate of Occupancy for the first house in the project. The developer shall provide construction access to the well site as soon as construction begins on the project. k) The on-site sewer system shall be constructed per City design standar s and criteria. I) The City will take ownership and maintenance of both the sewer system and water system subject to the following conditions: (i) That the applicant prepare and submit water and sewer improvement plans of the proposed facilities to the Public Works Services Department Engineering Section for review and approval. Upon departmental approval the plans will be forwarded to the 9ty Engineer for final approval. Said plans shall be prepared by a Civil Engineer registered in the State of California and submitted on 24- inch x 26-inch Mylar (D-size sheet) containing the City of Arcadia tide and signature blocks. (ii) That the applicant execute and submit an "Application to, and Agreement with the City of Arcadia" (on a form approved by the City Attorney) and deposit on account with the City the required sum �of money necessary to meet all fees and other charges as determined by the City for plan review, inspection and connection fees. (iii) Prior to final approval and City Engineer's signature of t e improvement plans, the applicant shall have prepared, process d, granted, recorded and conveyed to the City a subsurface easemejnt, which shall be dedicated on the tract map, for operating, maintainirlig, modifying and/or replacing water and sanitary sewer facilities. Said easement shall clearly limit the pavement restoration responsibility of Anoakia - CC Report December 7, 1999 Page 35 the City to subgrade compaction as required by the City of Arcadia Standard Specifications, and temporary asphalt concrete to provide vehicular conveyance. Permanent surface restoration shall be the responsibility of the new homeowners association for the residential planned development for final, restoration to existing surface characteristics and the Declaration of Covenants, Conditions and Restrictions governing the premises and the homeowners association shall accurately reflect this condition. (iv) Upon completion and final inspection of all improvements, the applicant shall file a request for dedication for formal acceptance of the facilities by the City. The applicant shall furnish to the City a report of the actual cost of construction of the domestic water and sanitary sewer facilities, a proper bill of sale for each and recorded drawings of each facility. Upon said acceptance, the City shall approve the release of bonds posted to the City for the construction of the domestic water and sanitary sewer facilities. (v) With respect to these facilities, the applicant shall be responsible for any and all installation and repairs to the City facilities constructed by the developer hereunder, for a period of one (1) year from the date of acceptance by the City without expense whatsoever to the City; ordinary wear and tear and unusual abuse or neglect excepted. In the event of failure to comply with the aforementioned conditions, the City is authorized to proceed to have the defect repaired and made good at the expense of the applicant, who shall pay to the City the cost and charges without limitation, including attorney's fees, staff time and other incidental cost involved thereof, immediately upon demand. m) Fifteen (15) foot wide utility easements including legal documentation shall be provided for sewers crossing private property. n) All pipes shall be VCP extra strength with flexible joints, except where parallel and crossing water mains require use of ductile iron pipe. o) Sewer mains shall be a minimum of 8" in diameter. p) Sewer laterals shall be 6" in diameter VCP from the main to the property line clean out. q) Curvilinear alignment is prohibited. r) The applicant shall provide minimum clearance from any existing or proposed water line per DHS requirement. Anoakia - CC Report December 7, 1999 Page 36 s) Sewer laterals shall not enter at manholes. t) The minimum depth of main lines shall be 6 feet from finish surface. u) The minimum grade shall be 0.5% for the pipeline and 2% for laterals. v) Manholes shall be a maximum of 350 feet apart, required at terminal en (no clean out on main line) and required for change in slope or direction. w) Design the sewer main for 2 feet per second flow velocity minimum. x) NPDES Requirements: (i) Complete Local SUSMP (Standard Urban Stormwater Mitigation Plan) as defined by the NPDES (National Pollutant Discharge Elimination • System) permit issued to Los Angeles County and 85 cities by ti-e Los Angeles Regional Water,Quality Control Board. (ii) Sites over 5 acres are required to prepare a Storm Water Pollution Prevention Plan (SWPPP) and file a Notice of Intent (NOI) with the State. Evidence that the NOI has been filed along with a copy of t e SWPPP must be provided to the City prior to any permit issuance. 4) Conditions as set forth below from the Fire Department shall be complied wi h to the satisfaction of the Fire Chief: a) Parking shall be prohibited along the interior streets and "No Parkin " signs shall be posted to the satisfaction of the Fire Department. b) Final design of the gated entrance on Baldwin Avenue shall be submitt d to the Fire Department for its review and approval. c) All trees over the right-of-ways shall be trimmed and maintained to a minimum of 13'-6" to provide adequate clearance for Fire vehicles, and the Declaration of Covenants, Conditions and Restrictions governing the premises and the homeowners association shall accurately reflect this condition. d) Any type of decorative overhang on any structure shall maintain a minimum clearance of 13'-6" and the Declaration of Covenants, . Conditions and Restrictions governing the premises and the homeowners association shall accurately reflect this condition. e) The emergency access road shall be hard surface to accommodate vehicles in excess of 60 thousand pounds in all weather. The gates shall Anoakia - CC Report December 7, 1999 Page 37 be automatic that can be controlled by the Fire and/or Police Department personnel at all times. f) Access roads shall be all weather and in place to accommodate 60 thousand pounds before any lumber can be staged on the job site. In addition to the access requirement, the water system and fire hydrants shall be fully operational prior to commencement of construction. g) During construction, no construction or contractor vehicles. shall be allowed to park on streets restricting access. h) The water supply shall be the minimum as required in the Uniform Fire Code. The minimum fire flow 'shall be fixed at the level of the largest structure. Based upon the size of dwellings proposed for this site, the required fire flow shall be 2000 gpm for 2 hours (Uniform Fire Code Appendix 111-AA). i) The spacing of fire hydrants shall be a maximum of 350'-0 as indicated in Table 111-BB-1 of the Uniform Fire Code. j) All single-family dwellings shall have a modified NFPA 13D Auto Fire Sprinkler system as outlined in Arcadia Municipal Code and Arcadia Fire Department Fire Prevention Policy requirements. All dwellings shall comply with the provisions of the Arcadia Municipal Code for marking addresses on each residence. 5) Conditions as set forth below from the Development Services. Department, Engineering Division shall be complied with to the satisfaction of the City Engineer: a) The applicant shall arrange with the utility companies to underground all utility lines serving the new development. b) The following fees shall be paid: Map Fee $ 25.00 Final Approval fee (@$25/parcel) $775.00 $800.00 c) The applicant shall arrange for underground utility services and dedicate - easements to utility companies if needed and inform the Development Services Department/Engineering Division in writing of any dedication to utility companies prior to commencement of construction. d) The applicant shall contact the Public Works Services Department to verify if the existing sewer mainlines are adequate for this development. Anoakia - CC Report December 7, 1999 Page 38 e) The applicant shall arrange with the Southern California Edison Company to: (i) Install six (6) 22,000 lumen HPSV Edison owned (LS-1) streetlights on marbelite poles with underground circuits on Foothill Boulevard. (ii) Install two (2) 22,000 lumen HPSV Edison owned (LS-1) streetlights on marbelite pole with underground circuits on Baldwin Avenue. (iii) Install streetlights on private streets with underground circuits. (iv) The Engineering Division shall determine the exact locations of all the new lights. The design of the streetlights shall be subject to the review and approval of the Development Services Department. The Developer shall pay all costs associated with the installation of the lights. f) Private streets including the circular portions shall have minimum roadway widths of twenty-eight (28) feet from curb to curb (24' from edge of asphalt pavement to edge of asphalt pavement). These private streets shall be used as a fire lane. and the developer shall install "NO PARKING AFT ANYTIME" signs per the City standards. g) The main access to the development from Baldwin Avenue shall have a minimum width of 40' with 25' curb returns. The access way shall be wile enough to allow & turn and shall be constructed with full height curb and gutter. h) No cul-de-sac street or dead end street shall extend a distance more than five hundred (500) feet from an existing access to and from a through street. The minimum diameter of the cul-de-sac street shall be eighty (80) feet between right-of-way lines. The City. Council or its designee may, at is discretion, permit variations of the width, length and alignment. i) The preparation and recordation of the tract map shall be in accordance with the requirements of the State Subdivision Map Act. The map shall be submitted to the County Engineer for checking and after checking the County Engineer's letter recommending approval and map shall be submitted to the City Engineer for map certification. Concurrent with the map being submitted to the County Engineer for checking, the applicant should submit a copy of the City's conditions and requirements to enable the County Engineer to check for applicable conditions. New boundary monuments as set as part of the subdivision must be inspected to the satisfaction of the Los Angeles County Department of Public Works with a letter to the City prior to approval of the final map. A Mylar copy of 'he Anoakia - CC Report December 7, 1999 Page 39 recorded tract map of this subdivision must be submitted before final acceptance of the project. j) The Declaration of Covenants, Conditions, Restrictions and Reservations as well as the Final Map shall have a clause stating the owners or an association representing the owners of the development will own and maintain streets, sidewalks and all private utility structures within said development. The Declaration shall be subject to review and approval of the City Engineer and the City Attorney prior to recordation of the Final Map and the Declaration shall be recorded against the property in the Office of the Los Angeles County Recorder prior to or at the time of recording the Final Map. k) The applicant shall submit a grading and drainage plan (including erosion control plan) prepared by a registered civil engineer subject to the approval of the City Engineer. Covering open channels, drainage connection or any other modification to the Arcadia Wash must be approved by the Los Angeles County Public Works Department and Army Corp of Engineers. Any connections to existing catch basins must be approved and permitted by the Los Angeles County Public Works Department. Note: All existing and proposed parkway trees, pull boxes, meters, power poles, street lights, driveways, sidewalks, handicapped ramps, catch basins and utility lines shall be shown on the grading/drainage plan. I) The applicant shall submit street, storm drain, sewer and water plans prepared by a registered civil engineer and street light plans prepared by a registered electrical engineer subject to approval of the City Engineer. The structure section of streets shall be constructed per city standards. The proposed rolled curb is ,subject to the City Engineer's approval. Rolled curbs shall be depressed at each driveway location. m) The applicant shall install City approved standard street name signs and traffic signs. n) The applicant shall contact the City's Public Works Services Department for removal of any existing tree in the parkway and placement of any parkway trees, noting the quantity, location, size and type. o) The applicant shall Saw cut and remove unused driveway approaches and replace with full height curb, gutter and sidewalk. Construct 6" thick PCC driveway apron per Arcadia City Standard Drawing No. S-11. No driveways shall be constructed closer than three (3) feet from any curb return, fire hydrant, ornamental light standard, telephone or electrical pole, meter box, underground vault or manhole or tree. No portions of the Anoakia - CO Report December 7, 1999 Page 40 • existing gutter and AC pavement shall be removed unless prior approval is obtained from the Development Services Director. p) The applicant shall construct PCC ramps for the handicapped per AD 1 requirements at the southwest intersection of Baldwin Avenue and Anoakia Lane and the northwest intersection of Baldwin Avenue an Foothill Boulevard. q) Gravity drainage outlets shall be constructed per Arcadia City Standar Drawing No. S-11. r) Where necessary, the applicant shall remove and replace deficient or damaged curb, gutter, sidewalk, parkway drains and/or pavement to the satisfaction of the City Engineer. The applicant shall contact the City Inspector for exact locations of removal and replacement. s) The applicant shall obtain approval from Building Services for assign d addresses to be used for the subject development. t) The applicant shall obtain permit for all work performed in the public right- of-way. The City Inspector shall be contacted at least 24 hours prior to construction of off-site improvements. u) All construction in the public right-of-way shall be in accordance with all applicable sections and/or provisions of the latest edition of the "Standad Specification or Public Works Construction" (Greenbook) and the City of Arcadia's Standard Drawings. v) The contractor shall comply with all requirements of Federal, State wild local laws and regulations pertaining to the CLEAN AIR AND CLEAN WATER ACT and National Pollutant Discharge Elimination Syst m (NPDES) Best Management Practices (BMP's). w) New centerline ties set as part of this subdivision must be submitted before final acceptance of the project. x) All survey monuments, centerline ties, and survey reference points shall be protected in place or re-established where disturbed in accordance with Section 8771 of the Land Surveyors Act, prior to issuance of a Certificate of Completion of the project. This work shall be the responsibility of the permittee and shall be at the permittee's expense. y) Prior to the City Engineer's approval of the final map, the developer shell: (1) complete all required public improvements and conditions as stipulated above, or, (2) enter into a subdivision 'agreement with the City in a form and substance approved by the City Engineer in his/her sole and absolute • Anoakia - CC Repgrt December 7, 1999 Page 1 discretion, with appropriate security if the required public improvements ., have not been completed by the developer and accepted by the City. A minimum of two (2) weeks processing time is required for final map signature(s). z) If the developer posts a security for any of the required improvements, the subdivision agreement has a 12-month expiration date and all work specified in the subdivision agreement shall be completed within 12 months. aa) Any changes made by the applicant on the plans may result in modification to the conditions of,approval as necessary to comply with the City's regulations. 6) The final grading plan shall be subject to the Development Services Department review and approval to ensure that grading is in substantial • conformity with the tentative grading plan and in compliance with the City's code requirements in relation to building height per Section 9251.2.1 of the Arcadia Municipal Code. 7) The applicant agrees to defend, indemnify and hold harmless the City, its officials, officers, employees and agents, from any and all claims, actions or proceedings brought against the City and/or its officials, officers, employees or agents, to attack, set aside, void or annul the City's approval of the tentative tract map and/or the conditional use permit pertaining to the Anoakia. project or the subject property, or arising out of the certification of the Environmental Impact Report relating thereto, or arising out of the construction on the subject property, save and except that caused by the City's active negligence. The City shall promptly notify the applicant of any such claim, action or proceeding upon the City's receipt of notice thereof, and shall cooperate fully in the defense thereof. • 8) The developer shall replace any oak tree (new or existing) that dies during the period of time that construction by the developer is taking place on the property. The final plans shall contain provisions in the form of recorded covenants, conditions and restrictions or other devices which guarantee to the satisfaction of the Development Services Department that the provisions of Section 9277.10 of the Arcadia Municipal Code relating to common areas, including but not limited to, perimeter walls, the entry area(s), perimeter landscape areas, etc., are complied with and that the development in its entirety including privately owned and common areas shall be perpetually, or as long as legally possible, operated and maintained in good condition and that such provisions may be enforced by the City and that the City may recover the cost of any such enforcement. • Anoakia - CC Report December 7, 1999 Page 42 In addition, the CCR's shall include covenants and disclosure statements that the Homeowner's Association is responsible for replacement of any oak trees located within the common area, and that private property owners are responsible for compliance with the City of Arcadia's oak tree regulations as set forth in Section 9700 et seq. of. the Arcadia Municipal Code and any successor ordinances. Oak trees that die from natural causes shall be subject to removal per the City's oak tree regulations in Section 9700 et seq. of the Arcadia Municipal Code and any successor ordinances. 9) Upon completion of the new entrance off of Baldwin Avenue the developer shall install a historic marker near the gate identifying the site as an historic landmark. The location, material, wording and design of the marker shall be submitted to the Development Services Department for review and approval. 10) Any modifications or changes to the perimeter wall shall be subject to the review and approval of the Development Services Department. 11) The design of the homes shall be consistent with the plans on file in the Development Services Department. Minor exterior alterations may be approved by the Assistant City Manager/Development Services Director. 12) If any person or entity submits within thirty (30) days of final approval by the City of Arcadia of this Conditional Use Permit and Vesting Tentative Map, a completed application to the City pursuant to Arcadia Municipal Code§8631, et seq., as determined by the City in its sole and absolute discretion, to relocate the main existing residential structure or any portion thereof, then the applicant shall enter into an agreement with such person or entity to allow for the relocation without payment to the applicant, subject to the following: a) The agreement shall provide that the party seeking such removal shall bear all costs and expenses for such removal and shall provide for reasonable indemnification of the applicant by that person or entity, t at person or entity shall post a bond with the City equivalent to the Cit 's estimate of the costs to relocate the structure, that person or entity stall obtain general liability insurance covering the relocation in an aggregate amount of at least $5 million, and the developer shall not unreasonably tail to execute such agreement; all of the foregoing subject to the determination and approval of the City in its sole and absolute discretion. The agreement shall provide that the relocation of the residential structure or any portion thereof shall be completed within ninety (90),days follow'rig the final approval by the City of this C.U.P. and Vesting Tentative Map. Furthermore, the applicant shall make payment to a not for profit charitaL le organization qualifying as such under Internal Revenue Code Section 501(c)(3) equal to the actual costs of segregating and preserving during Anoakia - CC Report December 7, 1999 Page 43 demolition of the structure, and thereafter relocating all of those certain items listed to be donated to the Los Angeles County Arboretum and to the City of Arcadia as set forth in those certain letters from McCaslin Properties dated November 15, 1999, as attached to these conditions. The approval of this C.U.P. and Vesting Tentative Map are conditional upon all items on such lists being preserved and relocated to the recipient parties specified therein. 13) That after the issuance of a building permit a Rough Grading Certificate shall be required prior to the placing of any concrete on the site and a final Grading Certificate shall be required prior to the final building inspection. Said certificates shall certify that all grading operations have been completed in substantial compliance with the final grading plan approved by the City Engineer and shall be filed with and approved by the Development Services Department. 14) If the City approves the project as submitted, including demolition of the structures, the developer shall dismantle the house and dwellings in such a manner that certain agreed upon elements of the structures shall be preserved for future permanent display or use. All items shall be presented to the City for temporary storage and the City shall solicit proposals for locating the items in the most appropriate location(s). 15) That a landscape and irrigation plan for the perimeter exterior landscaping, open space areas and all lots shall be submitted to the Development Services Department for review and approval prior to ground breaking for any of the dwellings within the development. 16) If deemed necessary by the City's traffic engineer, the applicant shall provide - at its costs and expense, off-site construction traffic control pursuant to the approval of the City Engineer. 17) That the developer shall provide to the City a copy of the Phase 1 subsurface environmental investigation. Anoakia - CC Report December 7, 1999 Page 44 • RESOLUTION 1600 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, EXPRESSING THE COMMISSION'S COMMENTS TO THE CITY COUNCIL ON THE FINAL ENVIRONMENTAL IMPACT REPORT FOR CONDITIONAL USE PERMIT 99-004 AND VESTING TENTATIVE MAP 52745 FOR THE PROPERTY LOCATED AT 701 WEST FOOTHILL BOULEVARD, MORE COMMONLY KNOWN AS THE ANOAKIA PROPERTY. WHEREAS, on January 25, 1999, the Keith Companies on behalf of Arcadia Oaks LLC filed applications for development of the Anoakia property, Community Development Division Cases No. C.U.P. 99-004 and Vesting Tentative Map 52745, for a 31 lot residential planned development, located at 701 West Foothill Boulevarf, the northwest corner of Foothill Boulevard and Baldwin Avenue, more particularly described as follows: That portion of Rancho Santa Anita, and of Lot 3 of Tract 948, in the City of Arcadia, as shown on Map recorded in Book 17, Page 21 of Maps, in the office of the Los Angeles County Recorder, State of California, described as follows: Beginning at the point of intersection of the westerly right of way line of B ldwin Avenue, said line being 40' west of the centerline of Baldwin Avenue and d the north right-of-way line of Foothill Boulevard, said line being 40' north of the centerline of Foothill Boulevard, the "Point of Beginning," thence north 02° 59' 40" • east 770.97 feet, thence south 88° 41' 00" west 1107.55 feet; thence south 01° 18' 30" east 771.13 feet, thence north 88° 39' 52" east 1049.55 feet, to the point of beginning. • WHEREAS, in response to the application, the following environmental; p-ocess has been undertaken: 1. A Notice of Preparation was circulated on May 5, 1999 describipg the City's intent to require an Environmental Impact Report (EIR) for the project and requesting comments regarding its content was circulated to interested and responsible agencies, organizations and individuals. 2. A Draft Environmental Impact Report was prepared by Cotton Beland Associates under contract to the City and under the City's direction. Based upon the issues identified in the initial study and responses to the notice of preparation the consultants commenced work. . 3. Prior to releasing the document for public review, the City conducted its own independent evaluation and analysis of the Draft EIR. Anoakia - CC Report • -1- December 7, 1999 Page 45 • 4. The Draft EIR was prepared in accordance with the California Environmental Quality Act (CEQA) Guidelines (Section 15150) and City Council Resolution 5157. 5. The City of Arcadia is the lead agency for this EIR and has supervised preparation and has independently reviewed the consultants' work. The EIR must be certified as complying with CEQA by the City prior to approval of any subsequent permitting by the City and other public agencies. 6. On July 21, 1999 the City of Arcadia, as Lead Agency circulated the Notice of Completion and the Draft Environmental Impact Report for the Anoakia project to all interested agencies for a 45 day review period which ended September 8, 1999. 7. During the 45 day review period, a public hearing was held on August 24, 1999, to allow the Planning Commission and the public an opportunity to comment on both the Draft EIR and Conditional Use Permit 99-004 and Vesting Tentative Map 52745 at which time all interested persons were give full opportunity to be heard and to present evidence. This is in accordance with Section 15025 of the CEQA guidelines which states: 'Where an advisory body such as a planning commission is required to make a recommendation on a project to the decision-making body, the advisory body shall also review and consider the EIR or Negative Declaration in draft or final form." NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: Section 1. Based upon an initial study, the Draft EIR analyzed the following potentially significant adverse impacts: a) Historical Resources b) Biological Resources c) Noise d) Geology • Section 2. The Planning Commission noted that during the public hearing on the Draft EIR that with the exception of the impacts set forth below, the significant environmental effects of the project were clearly identified and described giving due consideration to both the short-term and long-term effects. The Commission recommended that further study and analysis of the following be included in the Final EIR: a) Biological resources, specifically further study to determine if more oak trees, especially Engelmann Oak can be saved; and . Anoakia - CC Report -2- December 7, 1999 Page 46 ' b). Historical resources should include a more complete examination of the reuses of the main residence including the cost involved in restoration of the house and grounds. Section 3. The Planning Commission had no further comments on the Final EIR which addresses the issues cited above. The Commission did comment that the mitigation measures. set forth in the Final EIR should minimize the significant adverse 1 impacts. The Commission further stated that the requirement that "any oak tree, Ion or off-site, replacement or existing on-site, that dies within five (5) years of project completion is replaced" seemed excessive. Section 4. The Final EIR lists the following alternatives to the project: a) Alternative 1: "No project" alternative which considers no development occurring on the site. The site would remain as the location for a property management office on the first floor of the main house. Additionally, the grounds would continue to be used periodically for filming. b) Alternative 2: Preservation and Reuse of the Baldwin residen le for residential or community use and development of us to 27 hal -acre • residential lots. c) Alternative 3: Reuse of the Baldwin Residence and other structures as a museum, community center, park or resident summer camp when school is not in session. d) Alternative 4: Re-establishment of a private school on the grounds. Section 5. The Planning Commission's comments and recommendations set forth in this Resolution are based on information presented to date and that the final decision by the City Council is contingent on a Final Environmental Impact Report) being certified by the Council should consider all comments including those set forth. in the minutes of the Planning Commission meeting dated November 9, 1999 and those received subsequent to the Planning Commission hearing. Section 6. The recommendations contained in this Resolution reflect the Commission's action on November 9, 1999 and the following vote: AYES: Commissioners, Huang, Kalemkiarian, Murphy, Sleeter NOES: Commissioner Bruckner Section 7. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. Anoakia - CC Report -3- December 7, 1999 Page 47 I HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the Planning Commission held on the 23 day of November, 1999 by the following vote: AYES: Commissioners Kalemkiarian, Murphy, Huang NOES: None ABSENT: Commissioners Bruckner and Sleeter Chairman, Planning Commission City of Arcadia ATTEST: Secretary, Planning Commission City of Arcadia Approved by: Stephen P. Deitsch, City Attorney -4- Anoakia - CC Report December 7, 1999 Page 48 SECTION 5 RECOMMENDATIONS, FINDINGS AND MOTIONS C.U.P. 99-004 AND VESTING TENTATIVE MAP 52745 PUBLIC HEARING PROCESS While the California Environmental Quality Act does not require a public hearing on the Final EIR, public participation is an essential part of the CEQA process. Tonight's public hearing affords the public an opportunity to comment on tie conditional use permit and vesting tentative map. Staff recommends that the City Council proceed as follows: 1. Hear report from City staff and consultant 2. Open the public hearing 3. Take public testimony from all interested parties, including the applicant on the Final EIR, the responses to comments on the draft EIR, he Conditional Use Permit and the Vesting Tentative Map. 4. Close the public hearing 5. City Council discussion; and 6. City Council action. J The City Council should make separate findings and motions on the Environmental • Impact Report, ) Mitigation Monitoring Program; Statement of Overriding Considerations,ybonditional Use Permit and the"Vesting Tentative Map as set forth below. RECOMMENDATION . < The Development Services Department is recommending certification of the Finalf�� EIR and approval of the conditional use permit and the vesting tentative map -- subject to the conditions set forth in this report. Set forth below are specific findings and motions for the Final EIR, conditional use permit and vesting tentative map. • Anoakia - CC Report December 7, 1999 Page 49 FINAL EIR The .California Environmental Quality Act requires that a Lead Agency (the City Council) must certify the Final EIR within one (1) year from the date an application is determined to be complete. The application was deemed complete on January 25, 1999. Under the State,Permit Streamlining Act, the City Council then has 180 days from date of certification of the EIR in which to make a decision on the proposed project. City Council Findings • Based upon the City Council's review of the Final EIR, the Planning Commission's review and recommendations, testimony presented at various public hearings and all other information provided during the decision making process, the City Council finds: 1. That the final EIR for the 31-lot Anoakia Residential Planned Development (State Clearinghouse #99051017) has been completed in compliance with CEQA; and 2. That the final EIR was presented to the City Council of the City of Arcadia and that the Council reviewed and considered the information contained in the final EIR prior to approving the project; and 3. That changes or alterations have been required in,. or incorporated into the project which mitigate or avoid the significant effects on the environment as to: • Biological resources • Short-term construction noise • Geology 4. That the EIR fully and adequately addresses all reasonable project alternatives. 5. That the EIR reasonably addresses mitigation measures to reduce impacts relating to the demolition-of 15 structures on the Anoakia property which appear to be eligible for listing on the National Register of Historic Places and California • Register of Historic Resources under Criterion B (significant individuals) and Criterion C (design). . 6. That the final EIR reflects the independent judgment of the City; and 7. That all documents and records that constitute the records and proceedings thus far are currently located in the Community Development Division of Arcadia City Hall, 240 West Huntington Drive, Arcadia. Anoakia - CC Report December 7, 1999 Page 50 City Council Motion The City Council should direct staff to prepare the appropriate resolution setting forth the Council's findings to certify the Final EIR, including the Statement of Overriding Considerations. MITIGATION MONITORING PROGRAM City Council Finding The City Council shall make the finding that the Mitigation Monitoring Program complies with the requirements of CEQA. Motion The City Council should direct staff to prepare the appropriate Resolution to adopt the Mitigation Monitoring Program. . CONDITIONAL USE PERMIT AND VESTING TENTATIVE MAP C.U.P. Findings In order to approve a conditional use permit, the City Council shall make the following findings. 1. That the granting of the conditional use permit will not be detrimental to the public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. Anoakia - CC Report December 7, 1999 Page 51 5. That the granting of such conditional use permit will not adversely affect the comprehensive general plan. 6. That the City Council concurs with the Findings of Fact and Statement of Overriding Considerations (Exhibit E, page 78) regarding significant effect un er provision of California Public Resources Code Section 21081 and Califor is Code of Regulation Sections 15091 and 15093 as set forth in the attach-d document; Vesting Tentative Map Findings Findings for Approval The City Council shall make the following findings for approval of the Vest ng Tentative Map: 1. Find that the project and the provisions for its design and improvements are consistent with the Arcadia General Plan and that the discharge of sewage fry m the project into the public sewer system will not violate any requireme ts prescribed by the California Regional Water Quality Control Board for this region. 2. That the City Council concurs with the Findings of Fact and Statement of Overriding Consideration (Exhibit E, page 78) regarding significant effect un er provision of California Public Resources Code Section 21081 and Califorinia Code of Regulation Sections 15091 and 15093 as set forth in the attached document; Findings for Denial It the City Council determines that the project is inappropriate for the site, the ity Council should make specific findings based on the evidence presented and m•ve to deny the subdivision. The Council may wish to consider one or all of the following findings which must be expanded upon with specific reasons for denial: D.1. Find that the proposed map is not consistent with the applicable general -nd specific plans as specified in Section 65451 of the Subdivision Map Act. D.2. Find that the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. D.3. Find that the site is not physically suitable for the type of development. D.4. Find that the site is not physically suitable for the density of development. Anoakia - CC Resort December 7, 1999 Page 52 D.5. Find that the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage which cannot be mitigated or be subject to a Statement of Overriding Considerations. • D.6. Find that the design of the subdivision or the types of improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat which cannot be mitigated or be subject to a Statement of Overriding Considerations. D.7. Find that the design of the subdivision or the type of improvements is likely to cause serious public health problems. D.8. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. In connection with this, the legislative body may approve a map if it finds that alternate easements for access or for use, will be provided and that these will be substantially equivalent to ones previously acquired by the public. This provision shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. C.ONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT AND TENTATIVE MAP The Development Services Department is recommending the following conditions of. approval which are consistent with the conditions of approval set forth in Planning Commission Resolution 1599: 1) The conditions of approval include all mitigation measures as set forth in the Mitigation Monitoring Program (Section 3). 2) The design of the project shall be in substantial compliance with the Vesting Tract Map 52745 dated September 15, 1999 on file in the Community Development Division, Development Services Department. 3) The Conditions as set forth below from the Public Works Services Department shall be complied with to the satisfaction of the Public Works Services Director. Anoakia - CC Report December 7, 1999 Page 53 a) The water distribution shall provide a minimum of 2000 gallons per minute (gpm) fire suppression capability;.existing zone pressure in the surrounding area is from 100PSI. b) The developer shall provide a water hydraulic model showing minimum 2000 gallon per minute available from any hydrant on site with the preliminary design submittal. c) The on-site water system shall be constructed by the Applicant per pity design standards and criteria and shall be subject to the approval of the pity of Arcadia Public Works Services Department and the Applicant shall submit to the City all bonds to guarantee satisfactory completion of the water system in a form and substance approved by the Public Works Services Departm nt. d) The water pipeline shall be constructed using class 350 ductile iron pipe. e) The final on and off-site fire hydrant location shall be subject to the approval of the city of Arcadia Public Works Services Department and Arcadia Fire Department f) No water service lateral, meter, flush-out or fire hydrant may be located in any driveway or may be closer than three (3) feet from the top of "x" of any driveway or other utility and location is subject to the approval of the Ci y of Arcadia Public Works Services Department. g) All back-flow prevention devices for fire protection and landscape irrigation systems shall be screened and the locations subject to approval of the Development Services Department. h) The developer shall irrevocably offer for dedication to the City, prior to recordation of the final map, the agreed upon property necessary fo the construction and operation of a water well at the back portion of proposed Lot 14. i) The developer shall provide access onto the premises during normal wo king hours to the Public Works Services Department staff for the well site surveys upon approval of this conditional use permit and Vesting Tentative Map. j) The well shall be in place and operational before issuance of Certificate of Occupancy for the first house in the project. The developer shall provide construction access to the well site as soon as construction begins on the project. k) The on-site sewer system shall be constructed per City design standards and criteria. Anoakia - CC Report December 7, 1999 Page 54 I) The City will take ownership and maintenance of both the sewer system and water system subject to the following conditions: (i) That the applicant prepare and submit water and sewer improvement plans of the proposed facilities to the Public Works Services Department Engineering Section for review and approval. Upon departmental approval the plans will be forwarded to the City Engineer for final approval. Said plans shall be prepared by a Civil Engineer registered in the State of California and submitted on 24-inch x 26-inch Mylar (D-size sheet) containing the City of Arcadia title and signature blocks. (ii) That the applicant execute and submit an "Application to, and Agreement with the City of Arcadia" (on a form approved by the City Attorney) and deposit on account with the City the required sum of money necessary to meet all fees and other charges as determined by the City for plan review, inspection and connection fees. (iii) Prior to final approval and City Engineer's signature of the improvement plans, the applicant shall have prepared, processed, granted, recorded and conveyed to the City a subsurface easement, which shall be dedicated on the tract map, for operating, maintaining, modifying and/or replacing water and sanitary sewer facilities. Said easement shall clearly limit the pavement restoration responsibility of the City to subgrade compaction as required by the City of Arcadia Standard Specifications, and temporary asphalt concrete to provide vehicular conveyance. Permanent surface restoration shall be the responsibility of the new homeowners association for the residential planned development for final restoration to existing surface characteristics and the Declaration of Covenants, Conditions and Restrictions governing the premises and the homeowners association shall accurately reflect this condition. (iv) Upon completion and final inspection of all improvements, the applicant shall file a request for dedication for formal acceptance of the facilities by the City. The applicant shall furnish to the City a report of the actual cost of construction of the domestic water and sanitary sewer facilities, a proper bill of sale for each and recorded drawings of each facility. Upon said acceptance, the City shall approve the release of bonds posted to the City for the construction of the domestic water and sanitary sewer facilities. (v) With respect to these facilities, the applicant shall be responsible for any and all installation and repairs to the City facilities constructed by the developer hereunder, for a period of one (1) year from the date of acceptance by the City without expense whatsoever to the City; ordinary Anoakia - CC Report December 7, 1999 Page 55 wear and tear and unusual abuse or neglect excepted. In the event of failure to comply with the aforementioned conditions, the City is authorized to proceed to have the defect repaired and made good at he expense of the applicant, who shall pay to the City the cost and charges without limitation, including attorney's fees,staff time and other incidental cost involved thereof, immediately upon demand. m) Fifteen (15) foot wide utility easements including legal documentation shall be provided for sewers crossing private property. n) All pipes shall be VCP extra strength with flexible joints, except where parallel and crossing water mains require use of ductile iron pipe. o) Sewer mains shall be a minimum of 8" in diameter. . p) Sewer laterals shall be 6" in diameter VCP from the main to the property line clean out. q) Curvilinear alignment is prohibited. r) The applicant shall provide minimum clearance from any existing or proposed water line per DHS requirement. s) Sewer laterals shall not enter at manholes. t) The minimum depth of main lines shall be 6 feet from finish surface. u) The minimum grade shall be 0.5% for the pipeline and 2% for laterals. • v) Manholes shall be a maximum of 350 feet apart, required at terminal end no clean out on main line) and required for change in slope or direction. w) Design the sewer main for 2 feet per second flow velocity minimum. x) NPDES Requirements: (i) Complete Local SUSMP (Standard Urban Stormwater Mitigation Plan) as defined by the NPDES (National Pollutant Discharge Elimination System) permit issued to Los Angeles County and 85 cities by the Los Angeles Regional Water Quality Control Board. (ii) Sites over 5 acres are required to prepare a Storm Water Pollution Prevention Plan (SWPPP) and file a Notice of Intent (NOI) with the State. Evidence that the NOl has been filed along with a copy of the SWPPP must be provided to the City prior to any permit issuance. Anoakia - CC Report December 7, 1999 Page 56 4) Conditions as set forth below from the Fire Department shall be complied with to the satisfaction of the Fire Chief: • a) Parking shall be prohibited along the interior streets and "No Parking" signs shall be posted to the satisfaction of the Fire Department. b) Final design of the gated entrance on Baldwin Avenue shall be submitted to the Fire Department for its review and approval. c) All trees over the right-of-ways shall be trimmed and maintained, to a minimum of 13'-6" to provide adequate clearance for Fire vehicles, and the Declaration of Covenants, Conditions and Restrictions governing the premises and the homeowners association shall accurately reflect this condition. d) Any type of decorative overhang on any structure shall maintain a minimum clearance of 13'-6" and the Declaration of Covenants, Conditions and Restrictions governing the premises and the homeowners association shall accurately reflect this condition. e) The emergency access road shall be hard surface to accommodate vehicles in excess of .60 thousand pounds in all weather. The gates shall be automatic that can be controlled by the Fire and/or Police Department personnel at all time. f) Access roads shall be all weather and in place to accommodate 60 thousand pounds before any lumber can be staged on the job site. In addition to the access requirement, the water system and fire hydrants shall be fully operational prior to commencement of construction. g) During construction, no construction or contractor vehicles shall be allowed to park on streets restricting access. h) The water supply shall be the minimum as required in the Uniform Fire Code. The minimum fire flow shall be fixed at the level of the largest structure. Based upon the size of dwellings proposed for this site, the required fire flow shall be 2000'gpm for 2 hours (Uniform Fire Code Appendix 111-AA). i) The spacing of fire hydrants shall be a maximum of 350'-0 as indicated in Table 111-BB-1 of the Uniform Fire Code. j) All single-family dwellings shall have a modified NFPA 13D Auto Fire Sprinkler system as outlined in Arcadia Municipal Code and Arcadia Fire .. Department Fire Prevention Policy requirements. All dwellings shall comply Anoakia - CC Report December 7, 1999 Page 57 with the provisions of the Arcadia Municipal Code for marking .addresses n • each residence. 5) Conditions as set forth below from the Development Services Departme t, Engineering Division shall be complied with to the satisfaction of the City Engineer: a) The applicant shall arrange with the utility companies to 'underground all utility lines serving the new development. b) The following fees shall be paid: Map Fee $ 25.00 Final Approval fee (@$25/parcel) $775.00 $800.00 c) The applicant shall arrange for underground utility services •and dedicate easements to utility companies . if needed and inform the Developm' nt Services Department/Engineering Division in writing of any dedication to utility companies prior to commencement of construction. d) The applicant shall contact the Public Works Services Department to veri if the existing sewer mainlines are adequate for this development. e) The applicant shall arrange with the Southern California Edison Company to: i) Install six (6) 22,000 lumen HPSV Edison owned (LS-1) streetlights on marbelite poles with underground circuits on Foothill Boulevard. ii) Install two (2) 22,000 lumen HPSV Edison owned (LS-1) streetlights on marbelite pole with underground circuits on Baldwin Avenue. iii) Install streetlights on private streets with underground circuits. iv) The Engineering Division shall determine the exact locations of all the, new lights. The design of the streetlights shall be subject to the review and approval of the Development Services Department. The Developer shall pay all costs associated with the installation of the lights. f) Private streets including the circular portions shall have minimum roadway widths of twenty-eight (28) feet from curb to curb (24' from edge of asphalt pavement to edge of asphalt pavement). These private streets shall be used as a fire lane and the developer shall install "NO PARKING AT ANYTIME" signs per the City standards. Anoakia - CC Report December 7, 1999 Page 58 g) The main access to the development from Baldwin Avenue shall have a minimum width of 40' with 25' curb returns. The access way shall be wide enough to allow & turn and shall be constructed with full height curb and gutter. h) No cul-de-sac street or dead end street shall extend a distance more than five hundred (500) feet from an existing access to and from a through street. The minimum diameter of the cul-de-sac street shall be eighty (80) feet between right-of-way lines. The City Council or its designee may, at is discretion, permit variations of the width, length and alignment. i) The preparation and recordation of the tract map shall be in accordance with the requirements of the State Subdivision Map Act. The map shall be submitted to the County Engineer for checking and after checking the County Engineer's letter recommending approval and map shall be submitted to the City Engineer for map certification. Concurrent with the map being submitted to the County Engineer for checking, the applicant should submit a copy of the City's conditions and requirements to enable the County Engineer to check for applicable conditions. New boundary monuments as set as part of the• subdivision must be inspected to the satisfaction of the Los Angeles County Department of Public Works with a letter to the City prior to approval of the final map. A Mylar copy of the recorded tract map of this subdivision must be submitted before final acceptance of the project. j) The Declaration of Covenants, Conditions, Restrictions and Reservations as well as the Final Map shall have a clause stating the owners or an association representing the owners of the development will own and maintain streets, sidewalks and all • private utility structures within said development. The Declaration shall be subject to review and approval of the City Engineer and the City Attorney prior to recordation of the Final Map and the Declaration shall be recorded against the property in the Office of the Los Angeles County Recorder prior to or at the time of recording the Final Map. k) The applicant shall submit a grading and drainage plan (including erosion control plan) prepared by a registered civil engineer subject to the approval of the City Engineer. Covering open channels, drainage connection or any other modification to the Arcadia Wash must be approved by the Los Angeles County Public Works Department and Army Corp of Engineers. Any connections to existing catch basins must be approved and permitted by the Los Angeles County Public Works Department. Note: All existing and proposed parkway trees, pull boxes, meters, power poles, street lights,, driveways, sidewalks, handicapped ramps, catch basins and utility lines shall be shown on the grading/drainage plan. Anoakia - CC Report December 7, 1999 Page 59 I) The applicant shall submit street, storm drain, sewer and water plans prepared by a registered civil engineer and street light plans prepared by a registered electrical engineer subject to approval of the City Engineer. The structure section of streets shall be constructed per city standards. The proposed rolled curb is subject to the City Engineer's approval. Rolled cu bs shall be depressed at each driveway location. m) The applicant shall install City approved standard street name signs nd traffic signs. n) The applicant shall contact the City's Public Works Services Department for removal of any existing tree in the parkway and placement of any parkway trees, noting the quantity, location, size and type. o) The applicant shall saw cut and remove unused driveway approaches and replace with full height curb, gutter and sidewalk. Construct 6" thick PCC driveway apron per Arcadia City Standard Drawing No. S-11. No driveways shall be constructed closer than three (3) feet from any curb return, fire hydrant, ornamental light standard, telephone or electrical pole, meter box, underground vault or manhole or tree. No portions of the existing gutter and AC pavement shall be removed unless prior approval is obtained from the Development Services Director. p) The applicant shall construct PCC ramps for the handicapped per ADA requirements at the southwest intersection of Baldwin Avenue and Anoakia Lane and the northwest intersection of Baldwin Avenue and Foothill Boulevard. q) Gravity drainage outlets shall be constructed per Arcadia City Standard Drawing No. S-11. r) Where necessary, the applicant shall remove and replace deficient or damaged curb, gutter, sidewalk, parkway drains and/or pavement to the satisfaction of the City Engineer: The applicant shall contact the City Inspector for exact locations of removal and replacement. s) The applicant shall obtain approval from Building Services for assigned addresses to be used for the subject development. t) The applicant shall obtain permit for all work performed in the public rigl7t-of- way. • The City Inspector shall be contacted at least 24 hours prior to construction of off-site improvements. u) • All construction in the public right-of-way shall be in accordance witi all applicable sections and/or provisions of the latest edition of the "Standard Anoakia - CC Report December 7, 1999 Page 60 4 a Specification or Public Works Construction" (Greenbook) and the City of Arcadia's Standard Drawings. v) The contractor shall comply with all requirements of Federal, State and local laws and regulations pertaining to the CLEAN AIR AND CLEAN WATER ACT and National Pollutant Discharge Elimination System (NPDES) Best Management Practices (BMP's). • w) New centerline ties set as part of this subdivision must be submitted before final acceptance of the project. x) All survey monuments, centerline ties, and survey reference points shall be protected in place or re-established where disturbed in accordance with Section 8771 of the Land Surveyors Act, prior to issuance of a Certificate of Completion of the project. This work shall be the responsibility of the permittee.and shall be at the permittee's expense. y) Prior to the City Engineer's approval of the final map, the developer shall: (1) complete all required public improvements and. conditions as stipulated above, or,'(2) enter into a subdivision agreement with the City in a form and substance approved by the City Engineer in his/her sole and absolute discretion, with appropriate security if the required public improvements have not been completed by the developer and accepted by the City. A minimum of two (2) weeks processing time is required for final map signature(s). z) If the developer posts a security for any of the required improvements, the subdivision agreement has a 12-month expiration date and all work specified in the subdivision agreement shall be completed within 12 months. aa) Any changes made by the applicant on the plans may result in modification to the conditions of approval as necessary to comply with The City's regulations. 6) The final grading plan shall be subject to the Development Services Department review and approval to ensure that grading is in substantial conformity with the ' tentative grading plan and in compliance with the City's code requirements in relation to building height per Section 9251.2.1 of the Arcadia Municipal Code. 7) The applicant agrees to defend, indemnify and hold harmless the City, its officials, officers, employees and agents, from any and all claims, actions or proceedings brought against the City and/or its officials, officers, employees or agents, to attack, set aside, 'void or annul the City's approval of the tentative tract map and/or the conditional use permit pertaining to the Anoakia project or the subject property, or arising out of the certification of the Environmental Impact Report relating thereto, or arising out of the construction on the subject Anoakia - CC Report December 7, 1999 Page 61 property, save and except that caused by the City's active negligence. The Cf ty shall promptly notify the applicant of any such claim, action or proceeding upon the City's receipt of notice, thereof, and shall cooperate fully in the defence thereof. 8) The developer shall replace any oak tree (new or existing) that dies during the period of time that construction by the developer is taking place on the property. The final plans shall contain provisions in the form of recorded covenants, conditions and restrictions or other devices which guarantee to the satisfaction of the Development Services Department that the provisions of Section 9277.10 of the Arcadia Municipal Code relating to common areas, including but not limited to, perimeter walls, the entry area(s), perimeter landscape areas, etc., are complied. with and that the development in its entirety including privately owned and common areas shall be perpetually, or as long as legally possible, operated and maintained in good condition and that such provisions may be enforced by the City and that the City may recover the cost of any such enforcement. In addition, the CCR's shall include covenants and disclosure statements that the Homeowner's Association is responsible for replacement of any oak trees located within the common area and that private property owners ' re responsible for compliance with the City of Arcadia's oak tree regulations as set forth in Section 9700 et seq. of the Arcadia Municipal Code and any successor ordinances. Oak trees that die from natural causes shall be subject to removal per the City's oak tree regulations in Section 9700 et seq. of the Arcadia Municipal Code and any successor ordinances. 9) Upon completion of the new entrance off of Baldwin Avenue the developer shall install a historic marker near the gate identifying the site as an historic landmark. The location, material, wording and design of the marker shall be submitted to the Development Services Department for review and approval. 10) Any modifications or changes to the perimeter wall shall be subject to the review and approval of the Development Services Department. 11) The design of the homes shall be consistent with the plans on file in the Development Services Department. The Assistant City Manager/ Development Services Director may approve minor exterior alterations. 12) If any person or entity submits within thirty (30) days of final approval by the City of Arcadia of this Conditional Use Permit and Vesting Tentative Map, a completed application to the City pursuant to Arcadia Municipal Code §86311, et seq., as determined by the City in its sole and absolute discretion, to relocate the main existing residential structure or any portion thereof, then the applicant shall Anoakia - CC Report December 7, 1999 1 Page 62 I enter into an agreement with such person or entity to allow for the relocation without payment to the applicant, subject to the following: a) The agreement shall provide that the party seeking such removal shall bear all costs and expenses for such removal and shall provide for reasonable indemnification of the applicant by that person or entity, that person or entity shall post a bond with the City equivalent to the City's estimate of the costs to relocate the structure, that person or entity shall obtain general liability insurance covering the relocation in an aggregate amount of at least $5 million, and the developer shall not unreasonably fail to execute such agreement; all of the foregoing subject to the determination and approval of the City in its sole and absolute discretion. The agreement shall provide that the relocation of the residential structure or any portion thereof shall be completed within ninety (90) days following the final approval by the City of this C.U.P. and Vesting Tentative Map. Furthermore, the applicant shall make payment to a not for profit charitable organization qualifying as such under Internal Revenue Code Section 501(c)(3) equal to the actual costs of segregating and preserving during demolition of the structure, and thereafter relocating all of those certain items listed to be donated to the Los Angeles County Arboretum and to the City of Arcadia as set forth in those certain letters from McCaslin Properties dated November 15, 1999, as attached to these conditions. The approval of this C.U.P. and Vesting Tentative Map are conditional upon all items on such lists being preserved and relocated to the recipient parties specified therein. 13) That after the issuance of a building permit a Rough Grading Certificate shall be required prior to the placing of any concrete on the site and a final Grading Certificate shall be required prior to the final building inspection. Said certificates shall certify that all grading operations have been completed in substantial compliance with the final grading plan approved by the City Engineer and shall be filed with and approved by the Development Services Department. 14) If the City approves the project as submitted, including demolition of the structures, the developer shall dismantle the house and dwellings in such a manner that certain agreed upon elements of the structures (see the attached letters dated November 19 from McCaslin Properties) shall be preserved for future permanent display or use. All items shall be presented to the City and/or Arboretum for temporary storage and the City shall solicit proposals for locating the items in the most appropriate location(s). 15) That a landscape and irrigation plan for the perimeter exterior landscaping, open space areas and all lots shall be submitted to the Development Services Department for review and approval prior to ground breaking for any of the dwellings within the development. Anoakia - CC Report December 7, 1999 Page 63 : 7 . • ( , 16) If deemed necessary by the City's traffic engineer, the applicant shall provide t its costs and expense during construction of the proposed . project, off-si e . construction traffic control pursuant to the approval of the City Engineer. 17) That the developer shall provide to the City a copy of the Phase 1 subsurfa e environmental investigation. Conditional Use Permit and Vesting Tentative Map Motion The City Council should direct staff to prepare the appropriate resolution for adoption at its next meeting reflecting the Council's action a d recommendations on the Conditional Use permit and Vesting Tentative Map1in relation to the required findings for a C.U.P., the sufficiency of the conditio s imposed and related issues. - Approved by: `^'`"' William R. Kelly, City Manager Attachments: Exhibits A-H Anoakia - CC Resort December 7, 1999 Page 64 EXHIBIT A LETTER FROM RANCHO SANTA ANITA ARB EXHIBIT A • February 4, 1999 Tom Hover Dear Tom, The purpose of this letter is to document and summarize the Architectural Review Board (ARB) history of deliberations and recommendations concerning the development of the Anoakia Estats property and to inform you of the current status of your application. The initial presentation to the ARB occurred on 27 April 1998. At that point, the project was i Due Diligence Phase. The developers wanted to give an overview to bring the ARB on board the program and to provide a preliminary overview of the project. At that point the plan was for approximately 18 oak trees to be relocated or replaced. The existing structures, although of historical significance, will be removed since the cost of updating them to current code and safety standards would be prohibitive. Members of the ARB toured the property on 2 May 1998 and the deterioration of the structures was obvious. The project continued in the planning phase and on October 28, a presentation was made to the Association board where much more architectural detail was presented. A follow-up meeting f the ARB was held on 2 November. The purpose of this meeting was to review the plans submitted, discuss how to proceed and what requests to be made to the developer, and discuss the impact on the tree preservation ordinance. The ARB was concerned with the gated communit aspect, the extensive tree removal, and the impact on traffic. There was also concern about insufficient diversity in home architecture. Only three basic home designs were submitted of Monterrey or Mission style and the ARB felt a more diverse and eclectic mis of styles would be more in keeping with the existing neighborhood. The ARB was also concerned about the project being screened from view from the adjoining streets and property. On 4 November, the ARB met with the city planners to discuss their concerns. On 19 November, the ARB met with the developers to hear their response to our concerns. Members of the planning department also attended: At this meeting much more architectural detail was presented. The architectural theme was selected to continue the theme of the original Anoakia property. Although there are three basic floor plans, there is also a mix of three architectural styles giving 9 basic home fronts: The developers would provide a mix of materials and architectural facings to provide additional diversity. The existing wall would be preserved and various other historical features (e.g. gatehouse and fountain) would be preserved. A tre plan will incorporate screening from adjoining properties to soften the "development" effect. Street lights will follow the design of the current Rancho Santa Anita lights. Many of the ARB • concerns were answered satisfactorily at this meeting. On 24 November, the ARB met with the Association board and discussed their findings. It was proposed that a newsletter be presented to apprise the members of the ongoing developments. It Anoakia - CC Report . December 7, 999 EXHIBIT A Page 65 was also proposed that an open meeting be held to hear comments of the Association members. The newsletter was published and the open meeting was held on 1 Feb 1999. This meeting was attended by representatives of the developer, the Association, the ARB, members of the planning commission, members of the neighborhood and members of the adjoining Homeowners Association. Various comments were received, both favorable and unfavorable. One remaining concern was insuring that the proposed tree preservation plan be maintained both during construction and after the new homes are occupied. The ARB is now comfortable with the planned architecture and appreciate the work you have done to meet our various concerns. We think your tree preservation plan is a positive one. The only remaining issue is insuring that no further impact is made to the remaining trees. It is desired that an independent arborist be employed to provide oversight of the tree preservation plan during development and construction. The planning department has indicated that they can require this as part of their approval process. The Association and ARB also have concerns as to the tree preservation after the homes have been occupied. We feel the new owners will likely want to install swimming pools. If not provided for in development, this will result in a multitude of applications to remove some of the remaining trees to accommodate the pools. Therefore, we would like for the positioning of the homes on the lots to allow for swimming pools without further impacting the remaining trees and for candidate pool sites to be indicated on the plot plans. We are pleased with your continuing cooperation and understanding of our responsibilities and concerns. We look forward to seeing this project move into its next phase. (Yo_y9o.ecya-/-1/ • • Anoakia - CC Report . • December 7, 1999 Page 66 This document contains informal minutes of the Open Meeting sponsored by the Association at the Arcadia City Council Chambers on 1 February 1999. The meeting started on time at 6:30 pm. The meeting was chaired my Michael Downer, President of the Association. The purpose of the meeting was to provide an open forum to inform Association members of the planned development of the Anoakia property and to provide for comments from Association members and other concerned parties. Mr. Downer give a brief introduction of the purpose of the meeting and an overview of the Anoakia development. He then introduced Tom Hover who represented the developers. Mr. Hover described the project and the proposed architecture. He also introduced the architect of the project. The meeting was then opened to a question and answer format. Meyer Piet (757 Anoakia Lane) opened with favorable comments. He applauded that Anoakia Lane will remain isolated and that the wall will be retained. He questioned that the streets are merely 28 feet wide compared with the normal 40-foot width. He opposed the gating concept and preferred a second entrance on Baldwin for emergencies. He would like the building height to be a maximum of 25 feet. Arnold Cruise (645 W Foothill) thought the lots were too small. He also objected to the single entrance on Baldwin, for both traffic and emergency concerns. He would like a frontage road similar to those existing on Foothill and Baldwin. Randy Stokes (1040 Hampton Road) had no objections to the concept but was concerned with the enforcement of the tree preservation plan during construction. He recommended the concept of an independent arborist as a monitor during construction. Mike Mobahill (sp?) who resides on Arbolata was also concerned with the lot size and queried whether we had surveyed existing neighborhood properties to establish a standard. Donna Butler of the Planning Department explained that this development fell under the regulations governing Planned Residential Development (PRD) which is different from the regulations for single dwellings or for sub-divisions. There would be an Environmental Impact Report (EIR) required which would cover the areas of trees, traffic, and historicaUcultural elements. There would be a public hearing on the EIR. The city would be responsible for insuring that the tree preservation plan be complied with. The president of the neighboring Homeowners Association was concerned with the preservation of various historical elements. The utilization of the existing wall, fountain, and gates was discussed by the dee-toper. Also, Mark McCaslin, who represented,the historical owners, stated that any historical items not used on the site have been requested by the city or the arboretum. There being no further questions, the meeting was adjourned around 7:30 pm. Att Attendees-th eport December 7, 11999 Page 67 f r toured the displays of architectural renderings and samples of materials as well as engaged in various informal discussions with the developers and city officials. • • • Anoakia - CC Report . • December 7, 1999 Page 68 • • • FILE NO. -2 • DATE c,2A/�9 ARCHITECTURAL DESIGN REVIEW BOARD (COMMITTEE) FINDINGS AND ACTION A. PROJECT ADDRESS /1702/h Gr/e 5 f e7/ //G'/Z of J"0Or i// l�NG b�i4��llJ/N B. PROPERTY OWNER • /2/2 C C2 0//G� Oa As ADDRESS (IF DIFFERENT) • C. FINDINGS (only check those that apply, and provide a written explanation for each check) 1. The proposed construction materials [ ] ARE, [ ] ARE NOT compatible With the existing materials, because .. ) NeGr� 1)e c)e /o ,7-2e-e7/ c v,9 ca h t 4,,r) • 2. The proposed materials [] WILL, kc] WILL NOT have a significant advrrse impact on the overall appearance of the property, because 3. The proposed project [ ] IS, y] IS NOT significantly visible from the adjoining public rights of way, because LAN s,/if e —• GuA /I 5vp/Lo on ri/nf oe,/v/4fe7 4. The proposed project [] IS, [x] IS NOT significantly visible from adjoining properties, because , 5. The elements of the structure's design [] ARE, [] ARE NOT consistent with the existing building's design, because " Act d /7e vc /o//7 /r/e/!Y' _ Cr) !1/9 ,47- IGhU 6. The proposed project N IS, [ ] IS NOT in proportion to other improvements on the subject site or to improvements on other prop rties in the neighborhood, because • 7. The location of the proposed project [ ] WILL, [a WILL NOT be detrimental • to the use and enjoyment and value of adjacent property and neighborhood neighborhood, because 1 . 8. The proposed project' s setbacks DO, [ ] DO NOT provide for adeduate separation between improvements .on the same or adjoining propertes, because • • • Anoakia - CC Report . December 7, 1999 Page 69 • • • 9. OTHER FINDINGS D. ACTION V' APPROVAL [ ] APPROVAL SUBJECT TO THE FOLOWING CONDITION(S) [ ] DENIAL E. DATE OF ARCHITECTURAL REVIEW BOARD'S (COMMITTEE'S) ACTION -7/7/j`7 F. BOARD ( : I ITTEE EMBER( ) RENDERING THE A:• DELI N/ (r t / ik � ,,// k a n 4 G. REPRESENTING THE ,4Gtri(a I-ff /5d Acz.,tvG/ Za "'al ASSOCIATION H. APPEALS Appeals from the Board's (Committee's) decision shall be made to the Planning Commission. Anyone desiring to make such an appeal should contact the requirements, fees and proceedures. Said appeal must be made in writing and delivered to the Planning Department, 240 W. Huntington Drive, Arcadia, CA 91006, within seven (7) working days of the Bo.ard'.s (Committee's) decision. I. EXPIRATION OF APPROVAL If for a period of one (1) year from the date of approval, any project for which plans have been approved by the Board (Committee) , has been unused, abandoned or discontinued, said approval shall become null and void and of no effect. Anoakia - CC Report December 7, 1 999 Page 70 EXHIBIT B OAK TREE TRANSPLANT INFORMATION EXHIBIT B Biological Resources Replacement • . • 1. Replacement of the 40 oak trees shall be at a ratio of 2 replacement trees for every removed tree. Therefore, a minimum of 80 oak trees shall be planted. The replacement trees shall be 60 inch boxed stock. The replacement trees can be located on site or off site such as a public park, along a public right-of-way, or at other locations deemed appropriate by the City of Arcadia. Transplanting 2. If any of the oak trees are transplanted the following measures shall apply: Copies of the Horticultural Tree Report shall be kept on site during all site construction. The following are guidelines and limitations for any potential tree transplants that are designed into the overall landscape theme of the project: Boxing and maintenance: . • The trees shall remain side boxed for a minimum period of 30 days prior to bottom-boxing and moving. • Trees shall have their dead wood removed and/or pruned for necessary clearance with no more than 5% of the total foliage being removed only if authorized by the project's HTC. • All pruning shall be authorized and performed under the discretion of the HTC and will conform to the International Society of Arboriculture (ISA) standards. There will be no flush cutting allowed. • The box sizes will be the minimum size specified by the HTC. Any changes to this box size will need to be authorized by The HTC. • All side and bottom digging of the boxes will be done by hand. If rock is encoun- tered, alternate methods can be considered. • All roots over 1/2" diameter and broken roots will be cut back with a sharp saw to a solid portion of the root. • All roots of adjacent plant materials shall be cut off a right angles with a sharp saw, if they are encountered. If the boxing area along the side of the root ball needs to be enlarged, this will be done by hand.No backhoe work will be allowed where roots of adjacent trees can be damaged. • No compaction of soil under adjacent trees is allowed. This includes the stock piling of soil and other materials.If soil stock piling is necessary under adjacent saved trees, sheet of 1" plywood shall be placed on the ground below the soil. • No top soil or leaf litter shall be removed from the box. The top of the box shall be at least 6" above the existing soil level. Only invasive weeds shall be removed from beneath the trees. Prune out all shrubs, if needed; do not pull out shrubs. • Once the tree is boxed, a 2" layer of mulch will be applied over the root ball in addition to the existing litter to a maximum of 3" deep. The mulch shall consist of Anoakia — CC Report City ofArcadia EXIIIBIT December 7, 1999 Page 71 . Biological Resources • redwood compost or pest/disease-free chippings, or from the surrounding mulch from the removed trees, etc. „. • Pruning paints, tree sealants, etc. shall not be used on any cut root or branch.'If`a. fungicide or pesticide is necessary, the HTC shall review such recommendations. • All boxes shall have the following information taken and processed prior to removal procedures. All of this data shall be placed on a 3"x 5" laminated card and • affixed to the north side of the tree box. A. Root depth and direction/location of major roots per box side; B. Size of roots cut by exposure (i.e. North/South/East/West sides); C. Soil type and location in box (i.e. rock, loam, clay, etc.); D. Size and number of cut roots on the bottom of the box; E. The north side of the tree will be labeled on the box for orientation to the • compass. • All needed cabling shall be done prior to moving the tree. The cabling shall conform to the ISA standards and will require authorization by the HTC, including specific materials to be used. Temporary cabling will be accepted if the tree has to be immediately moved. • The trees shall be watered a minimum of once per week during the winternonths, twice per week during the summer months or as needed. The soil will be probed both before and after watering to insure percolation throughout the root ball. • 6" high basins will be installed within the boxes. The basins shall be divided up in to separate compartments. The soil that is used for the basins shall not come from the root ball; it shall be made from the loose soil from the digging box. The basin • shall be constructed so that standing water does not contact the base of the tree. - The basins will be filled up at least three times for each watering. The watering shall saturate the root ball of the tree. This shall be verified by soil probing. • All exposed bark that was previously shaded by the canopy of other trees or foliage shall have shade cloth (at least 60% shade factor) installed over the bark to protect it from the sun. This will not be installed directly on to the bark, but will be about 6" away. •' If recommended by a California licensed Pest Control Advisor (PCA), a fungicide - . drench may be applied. • Any insect problem, especially bark beetle or wood boring beetle attacks, shall be treated within 24 hours of observation with an approved pesticide under the direction of PCA. • Secure the tree with necessary guy wires until it is ready for moving. Attachment of the guy wires shall not injure the tree or cause future problems. • Provide all necessary protection for limbs and trunk for moving. The protection shall consist of material that is sufficient to prevent any damage including coin- . pression of bark or abrasion of all limbs and trunks. • All boxed trees shall be maintained in a healthy state during the boxing operation at no additional cost. . • Anoakia — CC Report . December 7, 19199 Page 72 City of Arcadia 24 Biological Resources • The contractor shall include 90 days of maintenance once the trees are placed in the holding area. The contractor shall provide irrigation bubblers or drip systems to each tree. Planting specifications: • The newly planed boxed trees shall be planted high, as much as 1" above the new adjacent grade. . • • Amending the back fill soil with wood shavings, oak Leaf-Mold, etc., is not recommended when existing soil is high in natural organic matter with a sandy loam texture. • In regards to the need for planting amendments(polymers should be considered) and drainage systems, the HTC shall make recommendations based on soil tests of this project and approved by the governing authorities. • Maintenance practices with regards to frequency of watering, fertilization, etc., must be fine-tuned to the trees' environment as to soil type and seasonal weather conditions. The following are general maintenance recommendations that may be amended to suit the general environmental conditions of this project: A. Fill the earth watering basins once weekly during cooler\weather and twice weekly during warmer weather. A soil prove should be used periodically to check root ball moisture content, soil and root conditions; B. Repeat the root ball drench every six months,preferably in March/April and in October/November; C. A minimum 1-year maintenance program, as outlined above for planted trees, with monthly monitoring and watering for second year establishment is • recommended. Oak Tree Protected Zone Encroachment 1. The following mitigation techniques shall be observed on-site by the HTC,paid for by the applicant. The HTC shall be notified 48 hours prior to any work being done to the trees. The following measures should ensure that the remaining 110 oak trees on the site would remain as valuable assets to the community: • Tree Protection: A.Prior to issuance of a demolition permit, oak trees adjacent to proposed grading and demolition shall be fenced at their driplines with protective fencing. Fencing will be installed to prevent equipment storage, debris drop, etc., from occurring within the Protected Zones during demolition and construction. This fence shall remain • during all phases of construction and shall not be moved or removed without knowledge of the HTC and approved by the City of Arcadia Planning Division (CAPD). B.Any brush clearance within the dripline shall be completed by handwork only. • • Anoakia — CC Report December 7, 1999 City of Arcadia 25 Anoakia Page 73 EXHIBIT C OAK TREE TRANSPLANT INFORMATION EXHIBIT C • • . . „ .. . ' '-''''' '':...:::.... :,. ,.,•,. .,,,, ..... .. .......•. . , • ---.... • .• : . . ...... . ..... ....... ...• ..-..- SA • '3/4 '...-...... ... -C 0) ,:t • 0 0) i' - .. t1111.10'',0*(* - t1Alg.,.. .. - _.................' ..... .. . -..... ......... 0_0) a) a) ‘".... CO • •.... ::6::1--ii.':‘...iiit410: :1Nit: ::# :....:: 11.. .,!.:.*::::.'fi'.......:::'..............I................'...........1 :••••••::''•:.''.......--"'....:•:'.:...-.....1...:-....:..............................''''''''''''''''''''''''''''''' ' '''''''''''''''''''''''''''''''''''''' '''' • • - . 1/.[M,'1.''..4.::%.• '...'"'-.." '''''......:,.....,-,''r.:4;:;..;'':::*7,:,•;',..,."I'aV %.\•ii:;•;•:9t.?''i _ ...:;::%.,::1.,iii.:::::i:Imi.,;.:•,:f.4:•4;i05ti...;--,,:•:•••: N. EL . " II.AA ft .1H1',.10t)71 t ,iik.51:1A NO 1,S'.' '.• - • • • • • . , "•..:,.-.'''''''- , '...,..:::::,,:;;;;I: .....,:,:: ...',....''::::.,...,1..0..;•, • .' .-.j,. .. ,4,1:1:,,,,,..,A14'. ":,::::..1%;:i:P:V.Ii.r..,11.:..i'qNg.,;.,A3,.i.f.;§:.p:,..,.• :•. . ..:. . .. 'iV.:.'.•''• :' .'".::'''''' ''':'''' l ":,"''''''''''''' ' : .'''''''*''C'IRA: . . ..1•:fti,?:.:1.:itir.,:.::::::,.„::: ;;,'''''. !. ..:',--',.",...,:ii..,..-..... '''''''''. ,.,4M::::.: ::'f::.:,:,..:i:.:;.::::::ii.g:1:-1:431:',II:41:?J'4::::,:'';',: 0 " 0 . •-- ,. ..:,, ., "...:',..,.,-:::::::''.,,,, ::::::.,K:::,::;.:::.r..;:':,:,-.. ,:ii,i,i,:„:,t.',::.::;,:i;*::.,,,,,iip.. .' ''':''''''• ,''',.,;F,,:„:,; .. , ,1-,>::1;:i,"( , -1,0v4.,,••••.f;kn::::::::.::::•::•f„•: :: :',i'-'•.:.:::::::...:1:,':::::::::::i.5:,i:•:_?4::!::.•ii'.•':::: j3 - .•''''.'••':'..:'•''''''••''''''.' ; -.,..<-:••• •:.:::::.:.:-:;;••".•••'-;:;.''''..-;••:-.'=•:4•;=,;:',',1,:-..:'N-'.'•--Liz,:::::if;i,-:':-i''"ft',-;;' -::. ••?::.•il'''':ii•'::::: :i...'''''''•i••••ii,•:.7:-.;•-_-,••,4,„...,_ - ::: ''.1i1!:',`i.:'?,•:'w ..:::.::"::::: ::::::.•1:::?.:::a:••:•:,:•fr.•::? . 1 E ......F.:,::::::-..:::: .' ., :,::•:::::::::::,...,.:::'':::, , ••0•44oNAp''.:•4•:,..--.4::;;;;4.,,:••RikV"P'Xi•';',,NU,k41?,:?:$5-'*A••11, .:k........ _.: ...":.1C.,:- .,, :'P--,-,,%-' '-'.:,.j.:?,:',..4.Z •— C.) . _y i..45-'.'',,,•R'''':-;,.:,.• •‘• '-.<•',.f%::•0•.''',%i.',:i:i:- ••••' -* ''''""'..".--.:.'''' -::",' '• -.-'''' - * ' ' • ' •• :...,:XA:,;.:.1•:;!::: :-,"Z'''' .t..!,,n=.:':1„ s',t.:;,,..';-:?4,-,— .••,,,,,,'''Ir.i''z•l=r;I:01•-••. ' - --• -i',.,•''ii'••,' • CZ a) ' ' '''''' '-.----'"'•••,''''''''.§1*,*,' •: '''•:„ ?„ ,%-irzx z •:•..z:-'„r•••::..,•,, , -:t .„-,:s.'1'it';. ,‘''.•••,.- :_527.:if.•.;•.4!,:••i'::::::•-• "-• 0 a *;•-14- ••••,:*•.; .,.‘,,.4:•'.-',A-,i.:14'w,•••;.•' '"'•.... '"...• ...; ,....:?•:,•-•:.';• • --.• ...:.•.•;„••' 1,,,gi.i:,,•:•.„:".q::.•Tv.t;•.,t:?A:::.:4g.5.04Agio,o;t•-::.;''t.-- *".::.--;I: '''''''''i'iji',.::::::::::::--',..,i,i‘?,<-' ...- :i-..i...;,:•.•Vs;:;f::::,::•••••••.:.., .<:;•i'=::.,::;$::!::::::.;••;:,:...v..v:;;•,:', ,.:.,:::;c:■,:-.$• . iii.i. ,..::•••.•;... .; .,:'-iit,g`.;: -'''''''''''-:.: .::...::::::,,,-41;;;iii•gleAttt—ir, •.<5„.tfte:5:''',elig:;..,;14::;..t":; ;; ,•f,","''''''''::: . :•:: .!1•..... ,,..:;.,••i;;0i;,,,.::::.:•:::,,•, ;.fz...:•4#0: •;,Tyri.:!•,•,:ii.:!i...,::.:.;..T:,: :::•.,.,:•_•...:,,ii... 1 rItt•;•3if. A'''•i•,•'•,;....:".igt,;•...f.'!"":JP.'''..* :':;_,::•:,:',::,,,,.:......,,,t;.-.T,,,,wm.,4,...:.- ...,.. „-_..,_,,....:,-. ..0„:., ;. ,„.--- ..- • .• 's:.t,,.. .i..m„.....i!.::::::.,,y,fii,-..:-.;:l.::.?..tr,,,...,,,:::,..,1:::-.:::::: --J.C."'„,i,••••••••• ,.T''•-i .'"?1,'''c' ::?.:-."4-":%:*!•-.V.:Q.f: •,,",•°0.'"'„• „, .e:1,•,;:•!;I:k:•:-,Z,I,A"••,,;:•••••• ..-....:. -•„.%-,,.,>:•%•-.V.4,:ftr,.•. ::.::ir,,,:,f:,..:.f: „ - . ,-N{,: .:]:.. : • • ., , ; •,1••.,•••• .4..,_,_$::•••,,:.;,,,:z::::.1.4,p,an...,.:55ig,i,:i_4;n5;:::''''':':.:: .•... •'...:.„,''•,:.•;..•• • e..''.'''1.•;','" .7,,1-'-...-,. v, '''' ,''''''"V.--4,:ie'e, '.,*;,..1'.-4':'........,,-kli.. •:•:. •••,...4g.W.',..:•?..:•:•:<';':0 '..36,1-•!.: ,...,: ,.. . ,,- -:',..:1'...:ilip.,.?:::•::•':'''-:.•::•,...• ''''''.......i. .•-•'-'. -1:`,.';'...i.PROkit•;;;34.:i.:••-i::::*::'•';:ig::::::::Lt?"'''.1,:.::: ::::::•••,-I'J ''''' '' '''''''''' i I :,._,......,,,,4,...:„. .7..-.:..t ,4.... ,:..„,,,,...4tv-s;I:,,n....,,_ : Im; :.,.....,. ‘,.14,41.1.itt:...„.: :,1;„,.,..:::::: ::.:,.:::::::,,.....,1.''''''''''''''::::'::::::::::::.:.:....:.; ix:::::ii:-.::::' ''''''''''''''''''''' • .r.:;.:.., :: ...:).. ,,,f..;,.is:....a4:: . ylov4t...„:4:1: ,. ..,.:,,,,:,::: , ...,:litivAlite, i........ ....„.,elgir ,04,A4:;:ogaF., ,,:.,-.;:.•. . ... ' ...., ,...,1.0.9....I44.z...::. 0.t..,,... -(..;.:1.:.:::: :,.::::12t1::::::ti.:1:,6:::ii::::::::::::„..:::::::::::::::::::::1::.,,i! .;,„;::.!,4,4,..4.i .„...„„1,...ft„.,.-,:litizAli,,I.,Kow.::::::: .: ,::: .:,*1.1,., -,,..,:...:.:.:..V.t . .4ti. '21''::::::::::: ::'.--:''''''':.?::.F.-.":44!.?ii!.;.!;,T..,:iiofilf..i,1N1:::1:::::::::fge,i1::0:..:1111:1g:iffige!:::01:11;:Piliii:::::il:',:::::lj.:•.. ,:;:..'::., Ce) gh:'''''',*'''' . - ,.;..,2.,. Yog..f,,.: :?ir-.... :,.it:..k.v.i:::: :::::::;;: :: .. ... •..,.....:.;.:-.-.1: ;.:. -'-- -.`-', ..,."',-"--•:-.,:i..,;'' ..:,.•-:.s...:••:-.$4,:-.---•:•,,..,..,'•'' ''''...••:•!,,..-.......-A.••••.': . .. .• .. . . „. . '4-•'. -.--;*',',';,=:-",Vt''', .--;,1•'''''''.-""- : ' • • .4/4g,...f-•.:-.:;:f-6:1,3%•••••:..• •1•:::-.•.•.::;..y,44%.„.,.,,,, ..,..,,,,,,,.,.4,,,,,-.- ''''''''''''''''-'''.---- - '''''''''' -- --•.----:-. - -. - . :-.' -.. - -- ..::4,.,.*:,,,,.,,-,,,;:i..-..i.ar,:i...... ... .. . ,.............: .: :., ...--.. Tetf..„..4;,;.:0,14-,11:.i-,:l.:,,.:-.7.....„:4>:,.,.:--,•,,,-4.e1:;-::---", ---..<.-.........''''••.::'-.....::::::-..,,.!-!!.-t-77.-7,7._ -...,.. .,.:.---:" •:''-..-..--...:•.:.....,:-•• --. - • -----. - , - . . . • ..-i-k-,.i.dii-e---,,,I.;:-.-...,:--.0.-.1::1,:',.:,-,-,-,-..-:-:-. ..,-,•-----...::::::.::::::::::...i..... ' . ii,:fc*.actoklio.o.q•":;:'----:'-'..-...'::;''',--..--...-•:-...-----.--,.--':::'::":";•---- --i-r;-.---,:- i-J''',---i"--.-..**)-":.-::: -:-.. -.-:-,::,' *••"- - ...--''' .:::•':•-: - •-'' - • • - - -:...?:,...i4Ii,..w,...„:........,,...r"._kkl-ii.:-. - ... - .--....,........::, . ..-. ,••,.,-,.. f..t.z-,,,..,:',..:',...;;::....• •: ::.. •. . .. .,,..=.• •••• •::....-,.-- -. .:i • • • ' ••- - •• • •• PP ,• ...... '‘ ..,..L,'';'4A'''':.:..•,..--,-.--:*'.;•::-:fM,...,:::::::::!;::::-.J.-, ._. . . ' . . . • ) 111 • . .,,...:0•-il' ''.•,:.' . :•.0...-g•i0.1••:I.Ei,'' .,;-1.,."-4' - • • „..,.„,....„ . ........... ,.. • , . . .• -.. . . • • .. . . • . . • .••••,-"-, : ,.-.:•t:.: 3 :. ..1 40,4 t • •. 1v,:.;.,..ii:ii••74.,...i.:..A: :;''.',:::i ..... ....•"''''""''.1:-..t44.....r....-.;•:::.V 1.,.,1:I.......11;.0:N.::....'''''''f%.,.....1:.,.1,,."-:........*.r:I:i.".. .:::':-1,:::•'...11.A.'..--.1.:.:; • . „.(11,t.to.,r:ii,i.ii,:tei.ti.i. ,...4..,f)......N.,.C..t.,.......:. :-.....:..„.:....:::„i„,„..'::I..... •- •-•:- . .. - 44 - ----- - . :. ... „....''”'.. . ' V NIittliNt -" • : ' ' . . . .. • ..„.... .„.:'''' '' .. .,.: . . ':':''''..:.,.. ::::::: ,,,:04 .:::::::W:1 >::..• .....',:.:.N.',..,-,'..i.,.•f::::::?::::4; ;:.-.:... . 114410'N)IttAy.its.t.i..1;140N AX3:1A • : :. :::::' - '''''- ..:::'''''''': ''''''':'::''':::::''.: — ::.::: '::-::::,:::::i,,,,I,,,,,,,,:::::,,,,::::::::::::q .5:1:::::::;v::::::K:*:01',"-7::,',,--:;:if:m:4:: ,:-:..,: :.:::::*,:•::.:::::::::::,::.''''':::: • ••• ,,.......,•.::::::,,,,,mmft.:'.1: : - .. ....,,,,,:..i5MV.:"Aa."...,"....-:,,V?:M ::::::;:.: . •.:::.'.. ::. ...'.:-,, ' ''''...'''''''' . '...:.<.',.1.::'M:',',:'' . •• : .,:,..'..,... ....,:,,,..t:..!i'ilf,%:` • , ., '";:',-'''''''''".'''''''''''.''''''''',i,••::.4:•4:::::n1.-:,1.11:PA:;..V.4...A.&:,*4•-:::.-'1:-;:-.:•ir:w.--......,'.- '-:•'•''-'i:','-':::;:::,::til•::-•.m::::wv,-,.<:••::3,,,,,t.„%:7.- • ' --•••••••••::- ••••••J'AW.....1.,;%.•;•.--,;•.,q,„ .„,• • .:•,,..: .... ... ''' . . "...,..• .....:.. :''..'.::•:::•nt:„4.:::,... . ..........-....:-:::::::- -, - :•-•-•:::::::::-----'-''''''.--;:'•:••••''''', -•••• .• • i? ::',.:-.1.. .. --.::. ..1,....•.3''...•''''''''''''''',..,,,,,-.....?.,i..,..... . '' ... . , , . .,..:'.:::'::::::••::::'• . .. - .:••• ''' ,-.....,..• - -. .. •• •*'•: ::•:::::•1;?"'''':''' ...if.t":1:'."'"'-. .t. ' -•:•-•. ,I.K '4;- ,••11.11'.'iN.:•,,,:1!:,..i.';.'eY-fib . g1;::: .:i ' .--' ''' ,It's.;:'-::: . ': ..."...:•::-.;':".-1.44-1,"•':V.1 ..:,. I..- -:-.• . .-",.-'''.',. •,',Y:-. ...-.•"..;,........-;- ••,:;:::: :::.01`.....-4•••• :1 .,.,... , '''''''-.:•- ' ....:•••••'i'o''':''.,1'.1%,:f-•:.••:..P::•:::::',••••."•.,..-,..' i .•-:. .:.•::::.•::4',.--.-6.7.ilr.•::•„;,......,....:7.',•::::::::::••=•'•-•v.,•0:::. ' . '''• •.4f,,.:•'''''''‘'-'f.:::-'•i4V.'''...-:':•%''''i-.'••::t ..''!- '',4 `•)::•:;P:FA"::;... . :;.,::::,. ..;:ETZ.....;,, ,:•*,:. •!.e'i':LI.:'•';'4.' ,'„.. • ... „ ,.•,1...14:4•.-..41...,7•..-.-5,...4...,,,,,•:•;..,1,,„ •.".,•....,..f.:::::'..-a...i....,..,,-.".•-.••.,:_•-.;:',...,T•.. ...::. •••• 5:-: ' .......,,,:::'••,.:•.:-.•....0-::::::::::•••••?..- ''' 41...i4t.'. '••••.--:':',.. ' :.:•• i*.,3•::::*."..4...•:-.I::::::,...,":••:::::. .......,•.4..,0,4••••.....,...:•••?:•..!.........,1.•-•,•:•,i,A ',•-••-,74,•••••. .-.• ' •••...•-•.,: ••••"::•••••.:',..--:::'''''',..1.• .0..if.- -”"-...•- •.:-", ..'3''''',"%,', ... :':...-,':'i:'-i ''',..i.:',...:::.":..:',....";;;.,',,,A1:::-? .. ' - •' ;,'.Z...''.;1'..:;', . . '.il':';.;g<'..7.!...y•;V..;5.i:W0pf".".i-ff.s...1..'f:;:.-5:i,,,et..4.6:..;0"1...03...‘:1'A 4.5!.0g1:::.'.it.?§.•iF,,,.;•.;•-Asp,,,,-4,,$,7••,•..l;.i,:i:-t.51:k1:"::,.'':1,.4‹.:,':.::tC•,:i:1:4'':'.::;:'1:':1-..''.1,.:4.:'::.:.:s5.:'.g..:?.,!:,":-00::x:•.•:::::4:•5::•4:0;:k1:,V.4:.:....'p:.a'.:-,.'.,.,..t,,1 i,..5.',l:<.::,*'l-..'4,.1'.:3 1'.,::•..)..1.U'..,%•..-•.;-f..i.. ..,. ',•(.•...,9...40'0?...•`-''_„.,;K4,iI'-.. 4' 4E'-.-',.'" •,''';':'''n:f',::-.ek:7.-....::.<:.•,,O"•...)...•;.:-4-:I"-V..,••-,n:-.,,'A!.--.„.,r:•..•„ik?--.;::r,',•-.:r:‹::',::•::.:,••.-l.:.,.'•:„--4:.V!:,:.`::.i•,'•:,•t,•.•,:•••ft,,5•.-:r,i-11 iv:i.'..4 .::?•t v.'..i;:ik"'1f-,-.•,..•:::::::3-.'.;•:-..:.i-:':.,.:. . ..-...:.!1.•.„:•.:1'•z..,-.'•,.'.1'''.-'',,'',.k•...1-4.'•:,1a,.:1-:!,.-'N.-.:-...;.-...3'....6.—_::.'*_r1'•.''...,.4•.-:1".••::-ifl:.-.i'-4*lv.'.g,_•.i.••O'-•.';•-:.•.1••,••.,-s>.'.•i,.-'.".:..•:;...'..•:,'.' -:..-..,'..'-..N..'..'.'...':.._..-. ..;..„::.., '.;:.l'.''".' ,,..:,•-•-......, .„, . . .42..„....::.:•:7: ,1.,::,::••-4,.•..•.••4,A•,••:•'••;.x.,:,M....•..•.:•I•,:"•P•4•,•6.•4••,,3;%?,4,•e*4r*:.-5..•.•.:.;1.*...'•••4ft,.<WW",.•."-1IA.si...,4-t*,,-...5..S..—,;•••.•--3E.,...•••n.••,,p..,.,......:..•..4:.:•.:%::.:-.::'.:'.{•;..,._::.•'., ' if , , . .•''.':••-•:•,:"•'•.• • •:,•:•;•.,,:••g:••.?"'..,,l...;.:i4.,:, • • • • • . . EXHIBITD • ERRATATOEIR EXHIBITD NUV 4•U4 LU I I UV DCLHIYU H55UL I H I C7 OCO JUH u-t Je F.rye'U4 ERRATA November 29, 1999 Subject: ANOAKIA RESIDENTIAL DEVELOPMENT FINAL EIR October 1999 State Clearinghouse No. 99051017 Lead Agency: City of Arcadia Community Development Department This Errata has been prepared to: (1) list a mitigation measure which has been identified in Section 3.2 Biological Resources,page 24 of the Final EIR, hut was inadvertently omitted from the Executive Summary Table, and (2): replace the more general language in certain mitigation measures listed in the Final EIR with more specific language in order to ensure effective implementation of such certain mitigation measures. The mitigation measures listed in this Errata are equivalent to the mitigation measures they replace, and no additional or new information or requirements are involved. I. The following mitigation measure found on page 24 of the Final EIR is hereby added to Table 1, Summary of Environmental Impacts and Mitigation Measures, on page xi,under Biological Resources impact category, following mitigation measure number 2: 3. To ensure that no nests of native birds will be affected by construction activity,the Applicant shall engage services of a qualified biological monitor to monitor construction on the site if the project construction takes place during the nesting season, which typically extends form March to late July. II. Executive.Summary,Table 1 on p. ix and x mitigation measures for historic resources no.1 through 5,and mitigation measures no. 1 through 5 on page 17 and page 18, in Section 3.1, Historic Resources, in the Final EIR shall read as follows:. • 1. Prior to the issuance of a demolition permit,the Applicant shall produce at its cost and expense up to five sets as determined by the City, of a documentation survey of the property and all historically significant buildings and structures in accordance with the Historic American Building Survey standards.This document shall include archival quality photographs of exterior features, elevations, and significant interior features. Scaled,"as- built" site plan and floor plans shall also be produced and an historic documentation report included in the documentation package. The documentation package will be archived at an • appropriate location determined by the City and subject to an agreement approved by the City, including the Arcadia Library,Arcadia Historical Society, and the Arboretum of Los Angeles County 2. In consultation with an historic preservation professional approved by the City and Anoakia Residential Development Final EIR Errata / November 29, 1999 Anoakia — CC Report December 7, 1999 Page 75 • compensated by the Applicant, the Applicant shall produce at its cost and expense an interpretive plan for the property for a permanent display before issuance of a demolition permit. The City shall solicit proposals for locating the display and choose the most , appropriate location subject to an agreement approved by the City. A possible location could be the Arboretum,the City library, City historic museum, or similar location. Displayed materials may include photographs (current and historic) and written materials describing the historical themes associated with the property. 3. If any party submits within thirty(30) days of final approval by the City of Arcadia the Conditional Use Permit and Vesting Tentative Map, a completed application to the City pursuant to the Arcadia Municipal Code Section 8631 et seq.,as determined by the City of Arcadia in its sole and absolute discretion,to relocate the main structure or portion thereof or any historic and/or artistic interior and/or exterior attached and/or unattached building elements on the premises, then the Applicant shall enter into an agreement with such a party to allow for relocation without payment to the Applicant, subject to following: a)The agreement shall provide that the party seeking such relocation shall bearall costs and expenses of such relocation, and shall provide for reasonable indemnification of the applican. by that party,that the party shall post a bond with the City equivalent to the City's estimate of costs of such relocation,that party shall obtain a general liability insurance covering the • relocation in an aggregate amount of at least$5 million, and the developer shall not unreasonably fail to execute such agreement; all of the foregoing subject to the determination. and approval of the City in its sole and absolute discretion. The agreement shall provide tha the relocation shall be completed within ninety(90) days following the final approval by the City of the CUP and Vesting Tentative Map. Furthermore, the Applicant shall make payment to a not for profit charitable organization qualifying as such under Internal Revenue Code Section 501(c)(3) equal to the actual costs of segregating and preserving during demolition of structures,and thereafter relocating all of the certain items listed to be donated to the Los Angeles County Arboretum and to the City of Arcadia as set forth in the letters from McCaslin Properties dated November 15, 1999. 4. A qualified historic preservation professional approved by the City and compensated by the Applicant shall be present on-site during demolition to ensure appropriate removal and handling of historic and/or artistic,interior and/or exterior,attached and/or unattached building elements. III. Executive Summary,Table 1 on p. x the mitigation measure for biological resources no.1, and the mitigation measure no. 1 on page 23 in Section 3.2, Biological Resources, in the Final EIR shall read as follows: 1. Replacement of the 35 oak trees shall be at a ratio of 3 Engelmann oak,replacement trees for Anuakia Residential Development Final EIR Errata 2 November 29, 1999, Anoakia — CC Report December 7, 1 999 Page 76 rYUV-C7-1777 1°i•u.) l.0 I I UIY DCLnivu n..��,a n i�.� �«+ ..0-r cr-$ c .�� •�� - every removed Engelmann oak tree and of 2 oak trees other than Engelmann oaks for every removed oak tree as determined by the HTC and the City to ensure long term survival. A minimum of 70 oak trees shall be planted, and no less than 12 of these replacement oak trees shall be Engelmann oaks and if available,up to 35 replacement trees shall be Engelmann oaks. The replacement trees shall be 60 inch boxed stock. If the availability of 60 inch boxed is limited, with the approval of the HTC and the City, smaller stock can be used. However, stock may not be less than 36 inches. The replacement trees can be located on site or off site in an area of dedicated open space, such as a public park, or at other such locations deemed appropriate by the City of Arcadia.All replacement trees shall be tagged for identification purposes. The developer shall replace any oak tree (new or existing)that dies during the period of time that construction by the developer is taking place on the property. The final plans shall contain the Covenants, Conditions and Restrictions (CCRs)that include covenants and disclosure statements that the Homeowner's Association is responsible for replacement of any oak trees located within the common area and that private property owners are responsible for compliance with the City of Arcadia oak tree regulations as set forth in Section 9700 et seq. of the Arcadia Municipal Code and successor ordinances. Oak trees that dies from natural causes shall be subject to removal per City's oak tree regulations in Section 9700 et seq. of the Arcadia Municipal Code and any successor ordinances. IV. Executive Summary,Table 1, p.xi,mitigation measure no.4 for short-term construction noise,and mitigation measure no. 4 on page 32, in Section 3.3,Noise, in the Final EIR shall read as follows: 4. The City of Arcadia restricts construction activity to between the hours of 7:00 Alm and 7:00 PM. Monday through Saturday. No construction is allowed on Sundays.To protect the residences adjacent to the project site to the west, as well as the residences across the street to • the north and east, no construction involving high-noise equipment or deliveries by semi- trailer trucks shall take place on Saturdays. Anoakia Residential Development Final E1R Errata 3 November 29, 1999 Anoakia— CC Report December 7, 1999 Page 77 • 626 304 0402 P.02/25 FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING SIGNIFICANT EFFECT UNDER PROVISION OF CALIFORNIA PUBLIC RESOURCES CODE SECTION 21081 AND CALIFORNIA CODE OF REGULATION SECTIONS 15091 AND 15093 • ANOAKIA RESIDENTIAL DEVELOPMENT PROJECT The following Findings of Fact and Statement of Overriding Considerations are made relevant t• the conclusion of the Final Environmental Impact Report (FEIR)#99051017 for the Anoakia Residential Development Project(the Project).The project applicant, Arcadia Oaks,LLC, has proposed to subdivide a 19.1-acre parcel and construct 31 residential units within the City of Arcadia. Existing structures on the parcel would be demolished and a number of existing matur trees, including oaks, would be removed.Additionally, a portion of an existing drainage channel would be converted to a covered box drain on a portion of the channel. A City-ownedpumping well would be added at the northwest corner of the property. The well would be screened with a wall and landscaping. These Findings of Fact and Statement of Overriding Considerations have been prepared pursuant to Section 21081 of the California Public Resources Code and Sections 15091 and 15093 of Title 14.of the California Code of Regulations. The City of Arcadia must make findings prior to approval of a project for which an EIR has been completed identifying significant effect of the project. These findings must be supported by evidence in the record. For each significant effect, one or more of the following findings must be made: Finding 1: Changes or alterations have been required, or incorporated into,the project to mitigate or avoid significant effects on the environment. Finding 2: Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been,or can and should be, adopted by that other agency. Finding 3: Specific economic, legal, social,technological or other considerations, including the provision of employment opportunities for highly trained workers,make infeasible the mitigatioi measures or alternatives identified in the environmental impact report. FINDINGS OF FACT The following findings of fact are made with regard to each of the significant environmental effects identified and analyzed in the FEIR supported by the facts in the record as summarized below. Page 1 Anoakia — CC Report DecembeL 7, 1999 Page 78 EXHIBIT E I. SIGNIFICANT EFFECTS FOUND TO BE MITIGATED TO A LESS THAN SIGNIFICANT LEVEL 1. Biological Resources Significant Effects Implementation of the project will result in the removal 35 oak trees, specifically 31 Coast Live oaks and 4 Engelmann oaks. The project will also potentially encroach upon the remaining 105 oak trees' protected zones. Findings Changes or alterations have been required for,or incorporated into, the project that avoid or substantially lessen the potential environmental effect identified in the FEIR. Facts in Support of the Findings The FEIR and Mitigation Monitoring Plan include the following 3 measures to reduce these impacts: Prior to issuance of a demolition permit, the Horticultural Tree Consultant (HTC)shall submit a plan showing the proposed location of new trees on the project site and plan for protecting the remaining trees which the HTC has determined may be encroached upon during construction. If all trees cannot be located on-site, remaining trees shall he planted at the Applicant's expense in dedicated open space location(s)approved by the City within six months from issuance of a grading permit. The HTC shall be present on-site during all replacement to ensure proper planting, and during construction to ensure protection of remaining oak trees on-site. Replacement 1. Replacement of the 35 oak trees shall be at a ratio of 3 Engelmann oak replacement trees for every removed Engelmann oak tree and of 2 oak trees other than Engelmann oaks for every removed oak tree as determined by the HTC and the City to ensure long term survival. A minimum of 70 oak trees shall be planted, and no less than 12 of these replacement oak trees shall be Engelmann oaks and if available, up to 35 replacement trees shall he Engelmann oaks. The replacement trees shall be 60 inch boxed stock If the availability of 60 inch boxed is limited, with the approval of the HTC and the City, smaller stock can he used, However, stock may not be less than 36 inches. The replacement trees can be located on site or off site-in an area of dedicated open space, such as a public park or at other such locations deemed appropriate by the City of Arcadia. All replacement trees shall be tagged for identification purposes. The developer Page 2 Anoakia — CC Report December 7, 1999 Page 79 '--" b2b .DU4 W4U2 P.04/25 shall replace any oak tree (new or existing) that dies during the period of time that construction by the developer is taking place on the property. The final plans shall contain the Covenants, Conditions and Restrictions (CCRs) that include covenants and disclosure statements that the Homeowner's Association is responsible for replacement of any oak trees located within the common area and that private property owners are responsible for compliance with the City of Arcadia oak tree regulations as set forth in Section 9700 et seq. of the Arcadia Municipal Code and . successor ordinances. Oak trees that dies from natural causes shall be subject to removal per City's oak tree regulations in Section 9700 et seq. of the Arcadia Municipal Code and any successor ordinances. Oak Tree Protected Zone Encroachment 2. The following mitigation techniques shall be observed on-sire by the HTC,paid for by the Applicant. The HTC shall be notified 48 hours prior to any work being done to the trees. The following measures should ensure that the remaining 105 oak trees on the site will remain as valuable assets to the community: Tree Protection: A. Prior to.issuance of a demolition permit, oak trees adjacent to proposed grading and demolition shall be fenced at their driplines with protective fencing. Fencing will be installed to prevent equipment storage, debris drop, etc.,from occurring within the Protected Zones during demolition and construction. This fence shall remain during all phases of construction and shall not be moved or removed without knowledge of the RTC and approved by the City ofArcadia Planning Division (CAPD). B. Any brush clearance within the dripline shall be completed by handwork only. Dead Wood Removal and/or Pruning A. Dead wood removal is the removal of dead wood from within the tree. Structural pruning is for clearance and safety pruning is for hazardous limbs 3"in diameter and larger. All pruning shall be completed by a qualified Arbori.st only if approved by the CAPD and under the observation of the HTC. B. Pruning cuts shall not be made flush with the trunk. C. Climbing gaffs shall not be used by any tree climber (except to reach an injured climber or when removing a tree). Watering&Fertilization (only if needed) A. Native oaks are in a dormant stale during the summer months and do not require regular or constant watering (or fertilizing). Watering is normally contemplated only following long periods of extreme drought. B. Fertilization of these native oak trees may be detrimental in general drought Page 3 Anoakia — CC Report December 7, 1999 Page 80 • conditions. The addition of fertilizer into a maintenance program may promote temporary growth flushes at a time when the tree would normally he maintaining regular growth or to even reduce the number of green leaves present. The greater amounts of foliage the tree has. the higher the watering requirements. Disease and Pests (only if needed) A. During all phases of construction the health of the trees shall be monitored for disease signs•and symptoms. These problems, if they arise, shall be remedied. B. If bees are encountered in any on-site oak tree and they become a problem, they shall be removed by a professional Beekeeper. • Grading within the.Protected Zones A. Initially, all grading within the Protected Zone shall be done by hand, under the observation the HTC. If any roots (I"diameter and larger) are encountered, they shall be saved/bridged(except in a cut slope situation) and covered with a minimum 4"layer of sand. All pruned roots shall consist of clean-cut surfaces at a 90 degree angle and shall he sealed as required by the CAPD. Other Considerations A. Do not nail grade stakes or anything else to any native oak tree. Do not apply chemical herbicides within the landscape areas of the Protected Zone of any native oak tree. . . B. The dust accumulation on the tree from nearby construction shall be hosed off periodically during the construction period as recommended by the HTC. C. Any City approved work, including branch removals, within the Protected Zones of the oak trees shall be under the observation of the HTC. All construction activities shall follow the established preservation program. The purpose of the program is to control the impacts to each tree and to protect them from any unnecessary and unscheduled damage. D. Consideration of disease and pest control will play a major role in such a program and for the most part will be long range. The best protection against any problem is to build up the tree's natural defenses and to avoid wounding whenever possible. These mitigation measures will encourage vigorous growth within the trees, so that their compartmentalization can effectively control disease. 3. To ensure that no nests of native birds will be affected by construction activity the Applicant shall engage services of a qualified biological monitor to monitor construction on the site if the project construction takes place during the nesting season, which typically extends from March to late July. Implementation of these measures will reduce impacts to biological resources to a less-than- significant level. Page 4 • • Anoakia— CC Report December 7, 1999 Page 81 2. Short-term Construction Noise Significant Effects Noise generated by construction activities will have adverse, but temporary, impacts. The residential uses most sensitive to noise are located adjacent to the project site on the west, and across the street on the north and east. Site Preparation The principal noise source during the site preparation period will be from heavy equipment used for site grading. The project site is relatively small at less than 20 acres, and smaller equipment is expected to be used for this project. This may include a motor grader, one or two loaders, and trucks. During the peak of grading activity, these pieces of heavy equipment would be expected to be operating simultaneously for grading and loading, a water truck would be operating to minimize dust, and two trucks could be loading or staged waiting for loading at any one time within the site. This equipment could result in intermittent peak noise levels of 80 to 85 dB(A) at nearby residential uses when operating directly opposite these uses in grading the site. Most of the time, construction noise levels would be expected to peak below 75 dB(A) at nearby residences. Average levels would be expected to continue to be dominated by the freeway noise at all locations within 500 feet of Route 210 (Foothill) Freeway,except during short periods when grading will be going on directly opposite residences. No evening or night grading activity would be permitted by the City's noise ordinance requirements. On-site Construction Noise. During the period when the buildings are being constructed,noise from heavy equipment will occur on the site with varying frequency and intensity for the construction period after site preparation_ At a distance of 50 feet from the noise source,construction equipment noise levels(principally from engine exhaust and engine noise) range from 75-95 dB(A) for tractors, up to 95 dB(A) for construction trucks, and up to 88 dB(A) for concrete mixers, and they vary as equipment is used for varying lengths of time throughout the construction period. During construction,peak noise levels at 50 feet would range from 75 to 90 dB(A), with occasional higher peaks. Noise levels fall substantially with increasing distance from the noise source, both as a result of spherical spreading of sound energy and as a result of absorption of sound energy by the air. Spherical spreading of sound waves reduces the noise of a point source by six decibels for each doubling of distance from the noise source. Absorption by the atmosphere typically accounts for a loss of one decibel every 1,000 feet. Although construction activities will generate high intermittent noise, it will cease upon completion of construction. Construction requires use of high-noise equipment,and it is generally not feasible to grade sites or construct buildings and utility improvements without such Page 5 Anoakia — CC Report December 7, 1999 age 82 rIDJULIHIGJ 626 304 0402 P.07/25 equipment. The principal feasible mitigation measures for construction noise impacts is to limit high noise construction to daytime hours, a measure which is included in the City's current regulations. The City of Arcadia's noise ordinance restricts construction activity to between the hours of 7:00 AM. and 7:00 PM. Monday through Saturday. Intermittent, temporary disturbance of residential uses is expected occasionally during the construction period. Findings Changes or alterations have been required for, or incorporated into,the project that avoid or substantially lessen the potential environmental effect identified in the FEIR. Facts in Support of the Findings - • The FEIR and Mitigation Monitoring Plan include the following 5 measures to reduce these impacts: !. Truck Loading and Staging during Site Preparation. Loading operations and staging for trucks for removal of material from the site shall not take place within 200 feet of the residences adjacent to the western property line. The most desirable location for loading in terms of minimal noise impact on the surrounding residences is the center of the southeastern half of the site. 2. Equipment mufflers, Muffled construction equipment shall be used by the construction contractor whenever possible, 3. Construction Contact Person. The contractor shall designate a construction liaison staff member who will deal with construction noise or other concerns that may arise, and shall provide the name and telephone number of this individual to the City. The name and telephone number of a contact person for comments or complaints by the area residents shall be posted on the site at the main construction entrance or in another locution clearly visible from surrounding sidewalks. 4. Construction Activity. The City of Arcadia restricts construction activity to between the hours of 7:00 AM and 7;00 PM Monday through Saturday, No construction is allowed on Sundays. To protect the residences adjacent to the project site to the west, as well as the residences across the street to the north and east, no construction involving high-noise equipment or deliveries by semi-trailer truckr shall take place on Saturdays. S. Site access. Access to the subdivision will not be provided on Anoakia Lane either during construction or after completion of the project. • Page 6 Anoakia — CC Report December 7, 1999 Page 83 bdb a34 U4U2 P.08/25 3. Geology Significant Effects Using the Division's Statewide Fault Model, a complete probabilistic seismic hazard analysis was performed for the site. The results indicate PGA of 0.69g for the Design Basis Earthquake (Figure 7). Because significant earthquake ground motion is known by the State Geologist to exist on the site and the PGA computed by the Division is higher than the standard envelope of the 1997 Uniform Building Code, this is considered a significant impact. The State Geologist's official Seismic Hazards Zone Map is predictive of the potential for liquefaction. Because the proposed project is in close proximity to the official delineated liquefaction zone, liquefaction hazard is considered potentially significant. Findings Changes or alterations have been required for, or incorporated into, the project that avoid or substantially lessen the potential environmental effect identified in the FEIR. Facts in Support of the Findings The FEIR and Mitigation Monitoring Plan include the following 2 measures to reduce these impacts: I. The structures shall include special earthquake design by a California Registered Structural Engineer. The City ofArcadia shall use the PGA of 0.69 for plan-check purposes. 2. To mitigate the potential for liquefaction, subsurface geological drilling shall be performed prior to issuance of a grading permit or demolition permit to determine the exact location of the water table under the project sire. If the water table is shallower than currently known, an analysis for the potential for liquefaction shall he performed. If the analysis concludes a high potential for liquefaction, then speck engineering design techniques identified such as the following shall be implemented: • The ground surface shall be properly backfilled and compacted. • Over excavated soils in the building area shall be recompacted as appropriate. • Fill and baekfill shall be compacted to 90%or more of the maximum dry density as appropriate. ▪ Final site grading shall be such that all water is diverted away from the structures, and is not allowed to pond. • Isolated pad footings shall be used for support of structures as appropriate. • The lateral earth pressure w be resisted by retaining walls or similar structures Page 7 Anoakia— CC Report December 7, 1999 Page 84 shall be increased as to allow for surcharge loads as appropriate. • Weepholes or an equivalent system of backfill drainage shall be incorporated into the retaining wall design as appropriate. II. SIGNIFICANT ENVIRONMENTAL EFFECTS THAT CANNOT BE AVOIDED. IF THE PROJECT IS IMPLEMENTED 1. Historic Resources Significant Effects • The proposed project will result in the demolition of all 15 structures on the Anoakia property which appear to be eligible for listing on the National Register of Historic Places and California Register of Historic Resources under Criterion B(significant individuals)and Criterion C (design). Findings 1. Changes or alteration have been required for, or incorporated into,the project that substantially lessen the potential environmental effect identified in the FEIR. 2. Specific economic, legal,social,or other consideration make infeasible the mitigation measures or other project alternatives identified in the EIR. Facts in Support of Findings The FEIR and Mitigation Monitoring Plan include the following six measures to reduce these impacts: 1. Prior to the issuance of a demolition permit, the Applicant shall produce at its cost and expense up to five sets as determined by the City, of a documentation survey of the property and all historically significant buildings and structures in accordance with the Historic American Building Survey standards. This document shall include archival quality photographs of exterior features, elevations, and significant interior features. Scaled, "as-built"site plan and floor plans shall also be produced and an historic documentation report included in the documentation package. The documentation package will be archived at an appropriate location determined by the City and subject to an agreement approved by the City, including the Arcadia Library,Arcadia Historical Society, and the Arboretum of Los Angeles County. 2. In consultation with an historic preservation professional approved by the City and • compensated by the Applicant, the Applicant shall produce at its cost and expense an interpretive plan for the property for a permanent display before issuance of a demolition Page 8 Anoakia — CC Report December 7, 1999 Page 85 • permit. The City shall solicit proposals for locating the display and choose the most appropriate location subject to an agreement approved by the City. A possible location could be the Arboretum, the City library, City historic museum, or similar location. Displayed materials may include photographs (current and historic) and written materials describing the historical themes associated with the property. If any party submits within thirty (30) days offinal approval by the City o Arcadia the I yp h' ty ( I y ff p y yI J Conditional Use Permit and Vesting Tentative Map, a completed application to the City Nv pursuant to the Arcadia Municipal Code Section 8631 et seq., as determined by the City ofArcadia in its sole and absolute discretion, to relocate the main structure or portion thereof or any historic and/or artistic interior and/or exterior attached and/or unattached building elements on the premises, then the Applicant shall enter into an agreement with such a party to allow for relocation without payment to the Applicant, subject to \\ following: . a) The agreement shall provide that the party seeking such relocation shall bear all costs and expenses of such relocation, and shall provide for reasonable indemnification of the applicant by that party, that the party shall post a bond with the City equivalent to the City's estimate of costs of such relocation, that party shall obtain a general liability insurance covering the relocation in an aggregate amount of at least$5 million, and the developer shall not unreasonably \, fail to execute such agreement; all of the foregoing subject to the determination and approval of the City in its sole and absolute discretion. The agreement shall provide that the relocation shall be completed within ninety(90) days following the final approval by the City of the CUP and Vesting Tentative Map. Furthermore, the Applicant shall make payment to a not for profit charitable organization qualin)ing as such under Internal Revenue Code Section 501(e)(3) equal to the actual costs of segregating and preserving during demolition of structures, and thereafter relocating all of the certain items listed to be donated to the Los Angeles County Arboretum and to the City of Arcadia as set forth in the letters from McCaslin Properties dated November 15, 1999. 4. A qualified historic preservation professional approved by the City and compensated by the Applicant shall he present on-site during demolition to ensure appropriate removal and handling of historic and/or artistic, interior and/or exterior, attached and/or unattached building elements. .5. Wrought iron gates shall be provided at the entrance off Baldwin Avenue and Foothill Boulevard. 6. The City shall comply with requirements in Section 15069.50 of the CEOA Guidelines Page 9 Anoakia — CC Report December 7, 1999 Page 86 which specify the procedures to follow in the event of discovery of archaeological resources. Under the Secretary of the interior's Standards for Historic Preservation Projects and the Standards and Guidelines for Rehabilitating Historic Buildings,there is no mitigation for project's effects short of preserving nearly all of the site and structures in their current or rehabilitated condition -which would result in a less than significant impact on historic resources. Under CEQA Guidelines,partial preservation, such as preserving the main residence while developing the rest of the site,would still result in a significant adverse impact on historic resources, albeit of lesser magnitude when compared to demolishing all structures on the site. Therefore,these mitigation measures will not reduce the impacts to historic resources to a less- than-significant level. Two of the alternative development scenarios and the"no development"alternative analyzed for the project site in the FEIR were found capable of reducing the unavoidable historic resource impacts to a less-than-significant level.These alternative scenarios were found to be infeasible for reasons set forth in Section IV,Alternatives, of these Findings of Fact. IV. PROJECT ALTERNATIVES The FEIR analyzed four alternative development scenarios to the Project. The City of Arcadia has reviewed and considered such alternative development scenarios in light of the adverse environmental effects which may result from the project and the reduction or elimination of such effect which may be accomplished by selection of the alternatives. The alternatives are presented below, and specific economic, social, or other considerations that render such alternatives infeasible are set forth. Alternative 1: "No Project" No Development Under this scenario,no development of any kind would occur and the 19.1-acre project site would remain as an estate with the main house operating as a property management office and 14 other unused structures. The property would also continue to be used periodically for filming. Although no development would result from this alternative,new impacts on the environment could occur. The main house,pool house, chapel, garage and office building are on the City's list of high risk buildings. These buildings need to be brought up to the seismic standards of the City's adopted Ordinance No. 1924. To retrofit and rehabilitate the main residence in accordance with the California Historical Building Code (CHBC)would cost approximately$5.5 million, . excluding soft costs,site work,furniture, fixtures,and equipment(see Appendix E). To retrofit the buildings without complying with the Standards could result in compromising the historic Page 10 Anoakia — CC Report December 7, 1999 Page 87 significance,and the historic structure, therefore creating a significant impact. In California, historic properties may be eligible for the Federal Emergency Management Agency's Hazard Mitigation Grant Program for seismic retrofit of historic properties and a 20% Federal Rehabilitation Tax Credit for historic properties that are income-producing to offset some of the rehabilitation costs. This alternative is considered infeasible due to the cost associated with retrofitting and rehabilitating the main residence. Additionally,this alternative would conflict with the Arcadia General Plan land use and zoning designations for the parcel,therefore not meeting the City's objectives for the site. This alternative would not meet the objectives of the Applicant either. Development in the Absence of the Project In the absence of the proposed project, another residential development is the most probable future use for the project site because of its General Plan land use and zoning designation as a residential land use,and the compatibility of such development with surrounding residential land uses. This alternative considers another residential development on the site. Other uses are discussed as other alternatives below. While the specific site plan might vary,the overall type and size of development would be expected to be similar to the proposed Anoakia Residential Development. As with the proposed project, it is anticipated that a proponent of such development would also aim to maximize the use of the land within the site and to create the economic return necessary for such development to occur. Therefore,under this scenario,the intensity of development on the site would be expected to be comparable to that of the project. With similar square footage and use,no substantial difference in environmental impacts is anticipated to result from this scenario. Since this alternative is similar to the proposed project, it would meet the project objectives. This alternative is not environmentally superior to the proposed project because it would neither avoid nor substantially reduce significant impacts to historic resources to a less-than-significant level. In order to meet the minimum lot size requirements of the General Plan land use and zoning designations, some or all of the buildings on the site would need to be demolished. Therefore,this alternative is rejected. Alternative 2: Preservation and Reuse of the Baldwin Residence • This alternative considers preserving the Baldwin residence on the project site and subdividing the parcel to provide up to 27 half-acre residential lots for the subsequent development of single- family homes.The Baldwin residence would be used as either a residence or center for the residents of the project. Under this alternative,the Baldwin residence would be rehabilitated, including the seismic retrofit,in accordance with the California Historical Building Code (CI-IBC). This retrofitting Page 11 Anoakia'— CC Report December 7, 1999 Page 88 and rehabilitating would cost approximately S5.5 million, excluding soft costs, site work, furniture,fixtures, and equipment (as set forth in Appendix E of the Final EIR). In California, historic properties may be eligible for the Federal Emergency Management Agency's Hazard Mitigation.Grant Program for seismic retrofit of historic properties and a 20%Federal Rehabilitation Tax Credit for historic properties that are income-producing to offset some of the rehabilitation costs.The remaining 14 historic buildings will he demolished and replaced with single family residences. The magnitude of the unavoidable significant impact on historic resources will be reduced,but not eliminated,under this alternative. Other impacts,including those from short-term construction noise,from removal of oak trees, and from geologic hazards would be similar to the project's impacts. Overall this alternative is considered environmentally superior to the proposed project because it would reduce the magnitude of adverse impacts on historic resources and biological resources. This alternative is considered infeasible because of economic considerations.The economic feasibility of undertaking the retrofit and rehabilitation of the Residence can only be determined by the Applicant within the context of projected return on investment.The Applicant, after reviewing Preliminary Rehabilitation Estimate(as set forth in the Appendix E of the Final EIR), determined that retrofitting and rehabilitating the Residence at its current location would result in additional costs which include the price of the land.The preservation of the Residence in its current location would reduce the number of lots on the project site from 31 to 27. The land costs associated with the four lost lots in addition to the retrofitting and rehabilitation costs would render the project economically infeasible to the Applicant. • Alternative 3: Reuse of the Baldwin Residence and Other Structures This alternative considers preservation of the residence, related structures and the grounds for use as a museum, community center,park, or resident summer camp when school is not in session. The adaptive reuse of the structures requires upgrading the buildings to comply with the seismic standards in Arcadia's Ordinance No. 1924. To do so in conformance with the California Historical Building Code would cost approximately $5.5 million for retrofitting and rehabilitating just the main residence (as set forth in Appendix E to the Final EIR). This estimate excludes soft costs,site work, furniture,fixtures, and equipment. In California,historic properties may be eligible for the Federal Emergency Management Agency's Hazard Mitigation Grant Program for seismic retrofit of historic properties and a 20%Federal Rehabilitation Tax Credit for historic properties that are income-producing to offset some of the rehabilitation costs. To retrofit the 15 structures without complying with the Standards could result in compromising the historic significance and a significant unavoidable impact. There would be no impacts to the existing oak trees because this alternative maintains the grounds in their existing state. Short term noise impacts would result from the seismic upgrading of the 15 structures on-site. The impacts from geologic hazards would be similar to those of the Page 12 Anoakia — CC Report December 7, 1999 Page 89 proposed project. This alternative could result in potentially significant impacts from traffic due to the substantially larger number of trips typically generated by visitors and patrons of the types of uses under this alternative. Overall,because this alternative would eliminate significant impact on historic resources,this alternative is considered environmentally superior to the proposed project. This alternative would not meet the City's objectives for the site as reflected in the Arcadia General Plan land use and zoning designations for the parcel.This alternative would not meet the objectives of the Applicant,either. Furthermore, this alternative is considered economically infeasible. A proponent of this alternative would have to purchase the site from the Applicant and then retrofit and rehabilitate all the structures.No such proposal is known to the City or to the Applicant to exist. Therefore,this scenario is not considered a viable alternative. Alternative 4: Re-establishment of a Private School This alternative considers that the estate be used as a private school.After Anita Baldwin's death, a private school operated on the property for 49 years until it was closed in 1989 as a result of severe damage from the Whittier earthquake. Under this alternative, all the structures on the property would need to be repaired and upgraded to comply with the Arcadia seismic standards set forth in Ordinance No. 1924. To accomplish the required upgrade in conformance with the California Historical Building Code would cost approximately $5.5 million for just the main residence(as set forth in Appendix E of the Final EIR). This estimate excludes soft costs, site work, furniture, fixtures, and equipment. In California,historic properties may be eligible for the Federal Emergency Management Agency's Hazard Mitigation Grant Program for seismic retrofit of historic properties and a 20% Federal Rehabilitation Tax Credit for historic properties that are income-producing to offset some of the rehabilitation costs. To do so without complying with the Standards could result in compromising the historic significance,and in a significant adverse unavoidable impact. Impacts to oak trees would be minimal under this alternative. Short term noise impacts would result from the seismic upgrading of the 15 structures on site. The impacts from geologic hazards would be similar to those of the proposed project. This alternative could result in potentially significant impacts from traffic due to the substantially larger number of trips typically generated by students and their families. Overall,because this alternative would eliminate significant impact on historic resources, it is considered environmentally superior to the proposed project. This alternative would not meet the City's objectives for the site as reflected in the Arcadia General Plan land use and zoning designations for the parcel. This alternative would not meet the objectives of the Applicant, either. Furthermore,this alternative is considered economically infeasible. A proponent of this alternative would have to purchase the site from the Applicant and then retrofit and rehabilitate all the structures for reuse as a school.No such proposal is known to the City or to the Applicant to exist. Therefore,this scenario is not considered a viable Page 13 • Anoakia — CC Report December 7, 1999 .Page 90 alternative. V. MITIGATION MONITORING PLAN The City of Arcadia has reviewed and considered a Mitigation Monitoring Plan for the Project in conformance with Section 21080 of the Public Resources Code,to ensure that mitigation measures required into the Project are complied with during implementation of the Project. The Mitigation Monitoring Plan is incorporated herein as Exhibit"A" to these Findings of Fact. Page 14 • Anoakia — CC Report December 7, 1999 Page 91 • • • Exhibit A CITY OF ARCADIA MITIGATION MONITORING PROGRAM ANOAKIIA RESIDENTIAL DEVELOPMENT APPLICANT: Arcadia Oaks,LLC ADDRESS: c/o Hover Development Company 3501 Jamboree Boulevard Newport Beach, CA 92660 PROJECT LOCATION: Northwest corner of Foothill Boulevard and Baldwin Avenue PROJECT APPROVAL DATE: PROJECT DESCRIPTION:The proposed subdivision will consist of 31 residential lots on a 19.1- acre site with necessary streets and utilities. Construction of 31 homes will be preceded by the demolition of existing structures, removal of a number of existing mature trees including oaks, conversion of an existing drainage channel to covered box drain on a portion of the channel, and addition of a pumping well at the northeast corner of the property. - MITIGATION MONITORING PROGRAM: A Final EIR for the proposed project requires certain mitigation measures to reduce significant impacts to less-than-significant levels. Pursuant to the California Environmental Quality Act (CEQA) Section 21081.6,this mitigation monitoring program has been prepared to ensure implementation of those measures. It may be necessary and appropriate to modify the specifics of the mitigation measures in order to meet the intent of the City to minimize or eliminate significant environmental effects as documented in the EIR,the Statement of Findings and Overriding Considerations,and the Mitigation Monitoring Program. These changes may be required because of changes to the proposed project, changes in • the environment around the project, or other changes which make the mitigation measures included in the EIR infeasible, inappropriate to be implemented, or unnecessary to mitigate the significant environmental effects of the project. Modifications to the mitigation measures may be made by the Development Services Director subject to one of the following findings, documented by evidence included in the record. Findings and related documentation supporting the findings involving modifications to mitigation measures shall be maintained in the project file with the Mitigation Monitoring Program and made available to the public on request: 1.The mitigation measure included in the EIR and the Mitigation Monitoring Program are no longer required because the significant environmental impact identified in the E1R has been found as a result of changes in the project,changes in conditions of the environment, or other Anoakia Residential Development Mitigation Monitoring Program Anoakia — CC Report December 7, 1999 Page 92 NUV-24-1599 16:11 COTTON BELHN1 H55UL1Htt5 626 304 0402 F'.1`(/25 • factors, not to exist, or to occur at a level which makes the impact less than significant. OR 2.The modifications or substitute mitigation measures to be included in the Mitigation Monitoring Program provide protection of the environment equal to or greater than that afforded by the mitigation measure included in the EIR and the Mitigation Monitoring Program. AND The modified or substitute mitigation measures do not have significant adverse effects on the environment in addition to or greater than those which were considered by the lead agency in its decisions on the EIR, the proposed project and the Statement of Overriding Considerations for the proposed project. AND The modified or substitute mitigation measures are feasible, and their implementation can be assured by the lead agency through measures included in the Mitigation Monitoring Program or other City procedures. • • Anoakia Residential Development _ Mitigation Monitoring Program Anoakia — CC Report December 7, 1999 Page 93 • • Anoakia Residential Development Mitigation Monitoring Checklist i (continued) Anoakie Residential Development Project Mitigation Monitoring Checklist r - Issue Environmental Impact Mitigation Measures Monitor/Report Timing/Frequency • i Historic 15 buildings on site that 1. Prior to the issuance of a demolition permit, the Applicant shall Community Prior to issuance of Resources appear to be eligible for produce at its cost and expense up to five sets as determined by the Development Demolition Permit listing on the National City,of a documentation survey of the property and all historically I Division, Register of Historic Places significant buildings and structures in accordance with the Historic Planning and California Register of American Building Survey standards.This document shall include Services Historic Resources will be archival quality photographs of exterior features,elevations,and demolished, significant interior features.Scaled,'as-built'site plan and floor plans shall also be produced and an historic documentation report included in the documentation package.The documentation package will be archived at an appropriate location determined by the City and • subject to an agreement approved by the City,including the Arcadia Library,Arcadia Historical Society,and the Arboretum of Los iAngeles County. 2.In consultalion with a historic preservation professional approved Community Prior to issuance of by the City and compensated by the Applicant,the Applicant shall Development Demolition Permit produce at its cost and expense an interpretive plan for the property Division, for a permanent display before issuance of a demolition permit.The Planning City shall solicit proposals for locating the display and choose the Services most appropriate location subject to an agreement approved by the City. A possible location could be the Arboretum,the City library, City historic museum,or similar location.Displayed materials may include photographs(current and historic)and written materials describing the historical themes associated with the property. • D CD (D W n A. CD Residential Development Page 17 Mitigation Monitoring " t7 (D (..0-O CO CO O -P. CO • Anoakia Residential Development • Mitigation Monitoring Checklist (continued) L Issue Environmental Impact I Mitigation Measures Monitor/Report Timing/Frequency 7 3. If any party submits within thirty(30)days of final approval by the Community = Prior to issuance of City of Arcadia of the Conditional Use Permit and Vesting Tentative Development Demolition Pemnit Map,a completed application to the City pursuant to the Arcadia Division, D Municipal Code Section 8631 et seq.,as determined by the City of Planning Arcadia in its sole and absolute discretion,to relocate the main Services structure or portion thereof or any historic and/or artistic interior and/or exterior attached and/or unattached building elements on the premises,then the Applicant shall enter into an agreement with such a party to allow for relocation without payment to the Applicant, subject to following: a)The agreement shall provide that the party seeking such relocation shall bear all costs and expenses of such relocation, n and shall provide for reasonable indemnification of the u ! applicant by that party,that the party shall post a bond with the City equivalent to the City's estimate of costs of such relocation,that party shall obtain general liability insurance covering the relocation in an aggregate amount of at least$5 i million,and the developer shall not unreasonably fail to execute such agreement;all of the foregoing subject to the determination and approval of the City in its sole and absolute discretion. The agreement shall provide that the relocation shall be completed within ninety(90)days following the final approval by the City of the CUP and Vesting Tentative Map. Furthermore,the Applicant shall make payment to a not for profit charitable organization qualifying as such under Internal Revenue Code Section 501(c)(3) equal to the actual costs of segregating and preserving during demolition of structures,and thereafter relocating all of the certain items listed to be donated to the Los Angeles County Arboretum and to the City of Arcadia as set forth in certain letters from McCaslin Properties dated November 15, 1999. 0 o (D (7 (D Sy Residential Development Page 18 Mitigation Monitoring Program 3 N 0 'o (0 _1. (D 0 • Anoakia Residential Development Mitigation Monitoring Checklist (continued) • Issue Environmental Impact Mitigation Measures Monitor/Report Timing/Frequency Historic 4. A qualified historic preservation professional approved by the City Community During demolition Resources and compensated by the Applicant shall be present on-site during Development (cont.) • demolition to ensure appropriate removal and handling of historic Division, and/or artistic,interior and/or exterior,attached and/or unattached Planning building elements. Services 5. The City shall comply with requirements in Section 15064.5(l)of Community During demolition, the CEQA Guidelines which specify the procedures to follow in the Development grading,and event of discovery of archaeological resources. Division, construction Planning Services r Biological Removal of 35 oak trees, Prior to issuance of a demolition permil,a Horticultural Tree Community Prior to issuance of Resources specifically 31 Coast Live Consultant(HTC)shall submit a plan showing the proposed location Development Demolition Permit oaks and 4 Engelmann of new trees on the project site and plan for protecting the remaining Division and oaks. trees which the HTC has determined may be encroached upon Public Works during construction. Services Dept. If all trees cannot be located on-site,remaining trees shall be planted Public Works Within six month at the Applicant's expense in dedicated open space location(s) Services atter issuance of • approved by the City within six months from issuance of a grading Department grading permit permit. The HTC shall be present on-site during all replacement to ensure Community During construction proper planting,and during construction to ensure protection of Development and tree remaining oak trees on-site. Division, replacement Planning Services 0 o cnB.3 n cam 3_1__- i Residential Development Page 19 Mitigation Monitoring Program C- -1 0 � v (D 73 co rn • Anoakia Residential Development 9 Mitigation Monitoring Checklist n (continued) • L 9 Issue Environmental Impact Mitigation Measures, Monitor/Report Timing/Frequency 7 Biological 7 1.Replacement of the 35 oak trees shall be al a ratio of 3 Community Prior to issuance of 9. Resources Engelmann oak replacement trees for every removed Engelmann Development Occupancy Permit (cont.) oak tree and of 2 oak trees other than Engelmann oaks for every Division and. oremoved oak tree as determined by the HTC and the City to ensure Public Works long term survival. A minimum of 70 oak trees shall be planted,and + Services Dept. no less than 12 of these replacement oak trees shall be Engelmann oaks and if available,up to 35 replacement trees shall be Engelmann , oaks. The replacement trees shall be 50 inch boxed stock. If the availability of 60 inch boxed is limited,with the approval of the HTC . and the City,smaller stock can be used. However,stock may not be less than 36 inches. The replacement trees can be located on site or off site in an area of dedicated open space,such as a public park.or at other such locations deemed appropriate by the City of Arcadia. L • The developer shall replace any oak tree(new or existing)That dies during the period of time that construction by the developer is taking • = place on the property. n The final plans shall contain the Covenants,Conditions and n _ Restrictions(CCRs)that include covenants and disclosure T statements that the new Homeowner's Association is • r • responsible for replacement of any oak trees located within the J common area and that private property owners are responsible for compliance with the City of Arcadia oak free regulations as • sel forth in Section 9700 et seq.of the Arcadia Municipal Code - and successor ordinances. Oak trees that dies from natural . 3 causes shall be subject to removal per City's oak tree regulations in Section 9700.et seq.of the Arcadia Municipal Code and any successor ordinances. 2. The mitigation techniques shall be observed on-site by the HTC, Community During demolition, paid for by the Applicant. The HTC shall be notified 48 hours prior to Development grading,and - any work being done to the trees.Tree protection mitigation Division and construction r techniques as specified in Section 3.2 should ensure that the Public Works D remaining 105 oak trees on the site will remain as valuable assets to Services Dept. the community. Oo • CD 2) n X. (D g kia Residential Development Page 20 Mitigation Monitoring Program 3 i • • (D -o C) c) J . 9 Co CD 0 • • Anoakia Residential Development • Mitigation Monitoring Checklist (continued) • issue l Environmental Impact Mitigation Measures I Monitor/Report Timing/Frequency 3. To ensure that no nests of native birds will be affected by Community During demolition, construction activity the Applicant shall engage services of a Development grading,and + qualified biological monitor to monitor construction on the site if the Division, construction project construction lakes place during the nesting season,which Planning typically extends from March to tale July. Services Shod-term Site preparation and 1. Loading operations and staging for trucks for removal of material Community During demolition, Constructia construction will produce from the site shall not take place within 200 feel of the residences Development grading,and n Noise noise from heavy adjacent to the western property line.The most desirable location for Division,Building construction equipment,with varying loading in terms of minimal noise impact on the surrounding Services frequency and intensity for residences is the center of the southeastern hall of the site. the duration of construction. Short-term 1 2. Muffled construction equipment shall be used by the construction Community During demolition, • Constructio i contractor whenever possible. Development , grading,and n Noise Division, Building construction (cont.) Services 3. The contractor shall designate a construction liaison staff member Community During demolition, who will deal with construction noise or other concerns that may Development grading,and arise,and shall provide the name and telephone number of this Division, Building construction individual to the City. The name and telephone number of a contact Services person for comments or complaints by the area residents shall be posted on the site at the main construction entrance or in another location clearly visible from surrounding sidewalks. 4. The City of Arcadia restricts construction activity to between the Community ? Demolition, hours of 7:00 Ana.and 7:00 PM.Monday through Saturday. No Development Grading,and construction is allowed on Sundays.To protect the residences Division,Building Construction adjacent to the project site to the west;as well as the residences Services across the street to the north and east, no construction involving high-noise equipment or deliveries by semi-trailer trucks shall take place on Saturdays. p 0 . (D v tD B-i Residential-Development Page 21 Mitigation Monitoring Program, "17 —` ° • W y �7 co tp CD (0 C0 CO 0 co CO • m Anoakia Residential Development o Mitigation Monitoring Checklist (continued) 0 H Issue Environmental Impact I Mitigation Measures I Monitor/Report 1 Timing/Frequency { 5. Access to the subdivision will not be provided on Anoakia Lane Community During demolition, either during construction or after completion of the project. Development grading, and Division,Building construction,and Services after completion Geology The peak ground 1_ The structures shall include special earthquake design by a Community Prior to issuance of acceleration computed for California Registered Structural Engineer.The City of Arcadia shall Development ' Building Permit the site is higher than the use the PGA of 0.69g for plan-check purposes. Division,Building standard envelope of the Services 1997 Uniform Building Code. Geology 2. To mitigate the potential for liquefaction,subsurface geological Community Prior to issuance of (cont.) drilling shall be performed to determine the exact location of the Development Grading Permit/and water table under the project site. If the water table is shallower than Division,Building during grading and currently known,an analysis for the potential for liquefaction shall be Services construction performed. lithe analysis concludes a high potential for liquefaction, then specific engineering design techniques identified such as the following shall be implemented: • The ground surface shall be properly backfrlled and compacted. • Over excavated soils in the building area shall be recompacted as appropriate. • Fill and backfill shall be compacted to 90%or more of the maximum dry density as appropriate. ▪ Final site grading shall be such that all water is diverted away from the structures,and is not allowed to pond. • Isolated pad footings shall be used for support of structures as appropriate. • The lateral earth pressure to be resisted by retaining walls or similar structures shall be increased as to allow for surcharge loads as appropriate. • Weepholes or an equivalent system of backfill drainage shall be incorporated into the retaining wall design as appropriate. tj 0 . O 9) X. a Residential Development Page 22 Mitigation Monitoring Program -O • n (n 0 () co-p CO CD 0 CD CD JM : McCaslin Properties FAX NO. : 626 355 5854' Aug. 02 1999 11:53AM P2 SENT BY;Xerox TeJ4c:416- 10'40 ;1_—gB $;32AM 310S520145.• 55 99Et 1 • • iM : McCaslin pro rtieS F NO 625 355 9654 Pug, e2 t 9 '39:59M PI • • MceasIin Prom lee 19 Suffolk Avenue, S rite B • Sierra Madre, Californi; 9' 024 (826) 355-3355 • • • November 15, 1999 Via: fax 447-9173 Ms. Donna Buttler City of Arcadia 240 W. Huntington Drive Arcadia, California 91 007 M3. Ruttier: Attached is a list of Items from the "Anoakia Esi 313", which the McCaslin Family has decided to donate to the City of Arcadia. These items must be removed during the month of January 2000. If the city :h'Doaea to accept the following • items as a donation than the removal will be ai ti le sole expanse of the City of Arcadia. Please respond to us by Novembe r 19, 1999 with your letter of acceptance. ./We hope you will be as excited about the list as t u are to donate them 1 cerely, L_A\, \f\\I • ` J \Aa McCeslin • MMc:ip • • • Anoakia — CC Report • • December 7, 1999 Page 1.00 • :OM : McCas] in Properties FAX NO 625 355 9854 Aun. 02 1999 11:54RM P3 • •o , McCaslin Prope•ties • 19 Suffolk Avenue, >uite B • Sierra Madre, Califorr ia 91024 (626) 355-335 i items to be donated to C ty of Arcadia (from City wish list dated Ji. le 18, 1998) 1. Carved molding in the living room for around Mayor's office 2. Entire Newel stairway railing and post located in basement (known as the (billiard room) • 3. Bottle glass windows located in Jinx mom in basement 4. Bottle glass accordion doors leading bowling alley 5. Two molds for living room and library 'made by movie company) 6. Outside urn/fountain (known as dragoi pond) Anoakia — CC Report December 7, 1999 Page 101 �r1 ncLaslin i✓roperiies FRY. NU. : 829 355 9854_'. Aug. 82 1999 11:54Arl �4 soul cr.x8rok teleczoie- 1024 -1� , -69 6:34AM 3t0°52C 26 0:6 oocG. �Y 2 • FROM : McCas1in Properties FAX NO. 52E 355 e.;a • �" Aug, 62 177 @9.57P11 Pi • Mc astia Proprtft �l 19 8unalk Avsnuot ei .I'.* S Cerra Madre, Calif rnli. 11024 • e2e 9SS$ea • November 15, 1999 Ms. Sandy Snider • The Arboretum County of Los Angeles 301 North Baldwin Avenue Arcadia, California 91007-2697 Dear Sandy, Artached is a list of items from the "F,noakie Eel ii:r', which the McCaslin Family has decided to donate to the Los Angeles Count i .arboretum. These Items must be removed during the month of January 200{ . If the Arboretum chooses to accept the following items as a donation than :hi removal will be at the sole expense of the Arboretum. Please respond to u i by November 19, 1999 with your letter of acceptance. We hope you will be as excited about the list as re. are to donate them Sin rely, • C � ,{ 1vLC ark cCaslin • MMc:ip • • • • • Anoakia — CC Report December 7, 1999 Page 102 .0M : McCaslin Properties FRX ND. : 626 355 9254 Rug. 02 1999 11:55RM P5 • Items to be donated to Los Angel( s County Arboretum (from arboretum wish lists dated P )ril & June 1995) • 1. Two large E.J. Baldwin display wine c asks and 2 small wooden kegs (currently in basement) 2. Entire Batchedler tile fireplace from thf office of Lowry B. McCaslin • •.•,.3. J.J. cut glass chandelier and matching sconces from the dinning room 4. J. J. Sommans etched peacock door 5. .Leather upholstered arm chair currei tly in the library 6. : -All ornamental bronze entrance gat:::s surrounding Anoakia 7. Concrete columns and wood pergolas ::urrently on the ground by the swimming pool 6. Two marble benches located by dragoi pond 9. Alabaster wishing well currently locates I on the south lawn 10. All wood paneling, Batchelder & mahot zany fireplace located in dinning room 11. Fireplace located in living room 12. Batchelder Fireplace, paneling and bo( kcases located in library Anoakia — CC Report • December 7, 1999 • Page 103 STATEM'iNT OF OVERRIDING CONSIDERAT.—.S FOR THE ANOAKIA RESIDENTIAL DEVELOPMENT PROJECT The City of Arcadia finds that mitigation measures listed in the Final EIR SCH#99051017 and Mitigation Monitoring Plan will,when implemented,fully mitigate or substantially reduce most of the significant environmental effects identified in the Final EIR. Nonetheless, one significant environmental impact of the Project is unavoidable even after incorporation of all feasible mitigation measures.The unavoidable impact associated with the Project is: • The demolition of all 15 structures on the Anoakia property which appear to be eligible for listing on the National Register of Historic Places and California Register of Historic Resources under Criterion B(significant individuals) and Criterion C (design). In this regard, the City of Arcadia hereby finds that all feasible mitigation measures have been identified in the FEIR and shall be implemented with the Project, and that any significant unavoidable effects remaining are acceptable due to the following specific economic, social, and other considerations,based upon the facts set forth in the Findings of Fact, in the Final EIR, and in the public record of the consideration of the Project, as follows: 1. The project will remove an attractive nuisance caused by the presence of deteriorated and semi- abandoned structures on the property which throughout the years have been subject to repeated vandalism, trespassing, and poor maintenance complaints reported to the City thereby furthering public safety. 2. The Project will provide for a productive reuse of the underutilized and deteriorating property that is visually compatible with the surrounding development. 3. The Project will remove seismically and otherwise unsafe buildings and replace them with residences built to current seismic sand other safety requirements thereby furthering public safety. 4. The Project will further the City of Arcadia's objectives for the site reflected in the General Plan land use and zoning designations,which permit development of the site for residential uses with a minimum lot size of 22,000 square feet. The General Plan designates the site as Single Family Residential land use with a density of 0-2 dwelling units per acre. The site is zoned R-O &D. 5. The Project maintains a number of existing characteristics of the site while providing single- family residences in keeping with surrounding residential development in the City.Existing site elements which will be incorporated in the Project include 294 existing trees (including 95 Coast Live oaks and 20 Engelmann oaks),the"Le Jenne" relief,twin arbors,and the perimeter wall. 6. The Project will provide additional single-family housing which will contribute to meeting regional housing needs and the goals and objectives of the City's Housing Element. Anoakia — CG December 7, 1999 Page 104 EXHIBIT F PLANNING COMMISSION NOVEMBER 9 AND 23 MINUTES EXHIBIT F 11 /9/99 Minutes 2. PUBLIC HEARING CUP 99-004 & TM 52745 701.W. Foothill Blvd. (NW corner of Foothill blvd. &Baldwin Ave.) The Keith Companies on behalf of Arcadia Oaks, developer Consideration of developing the 19.1 acre parcel commonly known as the Anoakia • property with a 31-lot Residential Planned Development. ' The staff report was presented. Ms. Butler presented a comprehensive staff report outlining the applicant's proposal and recommended conditions of approval. Pat Mann, Principal, Cotton/Beland Assoc. (CBA), the consultant hired by the City to prepare the EIR for this project. The environmental process begins when an applicant submits an application for a project. The city then prepares an initial study to determine whether or not the project is going to have a significant impact. After this study, the city determined that this project would have a significant impact in the area of historic, biological resources, noise and geology. In May, the city issued a Notice of Preparation in which it transmitted the initial study and its findings to other public agencies and made it available to the public to inform them that the city intended to prepare a focused EIR dealing with the environmental affects of the project. That DEIR was published on July 21s` and circulated for review through September 8t'. The Planning Commission held a public hearing on the DEIR on August 24th. The city received responses from a number of agencies and others interested in the historic and biology resources. CBA prepared additional analysis to respond to those comments and the document before the Planning Commission tonight is a final EIR which includes written responses to the written comments on the DEIR and modifications to the report which reflect further analysis and recommendations in response to those comments. The certification by City Council will mean that the City Council finds that the EIR provides the information required by law. This is an informational document and not one of public policy. The City Council is required to make a finding that the benefits of a project outweigh the significant adverse environmental affects. Further the City Council must make a statement of overriding considerations to approve project, that after all mitigation measures, has significant affects. The specific environmental affects that they found most important were the adverse impact on historic resources including the loss of the historic Anoakia Estate, the main house and other buildings on the property. This is a significant impact in that this project is eligible for . listing on the National Register of Historic Places. The State guidelines for CEQA require that the City Council find that such a project is significant and that they examined the potential for mitigation measures which could mitigate those significant affects but they did not find any mitigation measures which would be possible to fully mitigate those significant affects to a level less than significant and also allow the project to proceed. The mitigation required for the project includes the development of an interpretive plan, which would reflect Anoakia — CC Report December 7, 1999 Page 105 • the historic character and provide a memorial to the site and the historic character of it. Preparation of a historic resources report would document the site and provide fully developed architectural drawings indicating the existing conditions of the site. They also examined the possibility of moving the site to an alternate location and the mitigation recommended provides a time period in which such a relocation would be investigated. The relocation cannot be assured by the mitigation measures provided so the assumption is that the house would not be possible to be relocated. They also looked at saving a portion of the property particularly the main house and the immediate surrounding buildings, which would involve the loss of 3-4 of the lots on the site. They found that this would substantially mitigate the project affects but even this mitigation measure would not fully mitigate the project affects to a less than significant level because of the loss of the character defining features of the site which include the large estate setting Of the property and a number of out buildings which would be lost. As part of the r'EIR process, the applicant prepared a cost analysis indicating the feasibility of saving the property and what it would cost for rehabilitation. The second impact of the project, which was found to be potentially significant, was biological impacts including the loss of some of the existing trees, especially oak trees. Approximately 1/4 of the existing live oaks on the site would be lost and many other trees will be affected because of construction occurring within their drip lines — the protected zo�e. There are 24 Englemann Oaks on the property of which 4 would be lost to development. Mitigation measures are included in the project to replace these oaks in accordance with the city's replacement ordinance on a 2 for 1 basis, however, the project does preserve a substantial number of the oaks. Ms. Butler explained the time limits for tentative maps and conditional use permits. The existing gate on Anoakia Ln. will be closed. The only access from Anoakia Ln.will be to hie City owned well site. The landscaping along the perimeter of the site will be cleaned pup. Sidewalks are not being proposed and new plantings will be planted where appropriate. The homeowner's association will be responsible for the maintenance of all the common areas outside and inside the gated area. The public hearing was opened. Tom Hover, Hover Development, representing Arcadia Oaks LLC, 701 W. Foothill Blvd. indicated they have been the owners of the property since July 1998. They have spent a great deal of time processing this application through the homeoewner's association and the City in preparation to reach this point. He showed a presentation of the site, including photo of the dilapidated state of some of the buildings, the proposed new site plan, the entry gate and the new homes. He said their intent is to maintain as much of the character of the site as possible. They will keep the existing wall and enhance the landscaping along the perimeter. They intend to remove the gate on Anoakia Ln. and construct a solid wall with landscaping. Anoakia — CC Report December 7, 1999 Page 106 The existing structure was built in 1913, and is approximately 25,000-sq. ft. It has deteriorated dramatically and is used frequently for motion pictures and television and consequently cosmetically looks appealing but the interior is run down. The property has been without care for the last 10 years and has continued to deteriorate during that time. There are 474 trees on the property, 150 are oak trees. They would be removing 35 oak trees including 4 Englemanns. They have reached an agreement with the city to replant oak trees on a 2 to 1 ratio. A total of 360 trees will remain on the property. The proposed entrance will be directly across from Arbolada Dr. This will be a gated private community with a guardhouse near the entrance. The project has been designed to maintain some of the character of the existing property. They will refurbish and relocate the existing arbors on both sides of the entry. This would tie it in with the character of the community. Driving into the project one will see the existing La Joun fountain which will be refurbished and relocated to the entrance. He explained the proposed site .plans. There will be a secondary emergency entrance off of Foothill Blvd., which will be gated. There are 31 half- acre lots. They have spent a great deal of time and effort to minimize the impact of the houses on the trees. They have continually developed different architectural elements within the design of the homes to allow them to be flexible in terms of tree location. In several instances, they detached the garage to save trees. He felt there is a lot of flexibility in the design of the architectural plans. He pointed out that they have taken the garages away from the street. To get to the garage,they'd have to go through the port cochere or it will be a side entry garage and by doing so they have eliminated garage doors from facing the street. Vince Foley, 320 Cambridge, said that it is the owner's right to develop the property within reason. He said that he is involved with the Arboretum and providing tours for 4th and 5th graders. This site is a source of great history and an integral part of Arcadia's history. It would be a shame to lose that. He suggested moving a portion of the house to the Arboretum so that it would be on display.. The Arboretum can create an area showcasing a portion of the house. It would be much better to have on display a portion of the house instead of showing photos. Wayne Williams, 1029 N. Old Ranch Rd., said that his street faces the subject property. They would be glad to see something done with the house. His neighbors are all in favor of the development of the site. They feel it would be an improvement. It is an eye sore. Meyer Piet, 757 Anoakia Ln., wondered why there is a need to have a private community in the City? He said he resides in a small ranch style home and has been there for many years. They assisted the City to annex this property many years ago. When this property was rezoned, Mr. Gilb, who was a Council Member at that time, assured the community that if and when the property was developed, it would have full size city streets. He did not think that 28' wide streets with rolled curbs are acceptable. The streets should be at least the width of Anoakia Ln. Their street is 40' wide and it only serves 7 homes. The Anoakia — CC Report December 7, 1999 Page 107 • proposed streets would be a mess on trash days, especially, when considering that each home will probably have a minimum of 3 cars. That would be at least 90 cars in this area. It would be difficult for emergency vehicles to get through the development. 28' wide streets are ridiculous. He asked that the Planning Commission keep in mind that once the developer develops the property he will leave and forget about the area but the residents will be left "holding the bag". It is the Planning Commission's responsibility to keep the area beautiful. He was concerned with setbacks and building heights. Beth Costanza, Executive Director of the Arcadia Chamber of Commerce, 388 W. Huntington Dr.,read the following letter from the Executive Board of the Arcadia Chamber: "The Executive Board of the Arcadia Chamber of Commerce wishes to go on record as a supporter of some sort of preservation of the historic Anoakia Estate. We, as a chamber of commerce wish to state that we also believe it is in the best interest of the community and, indeed, the area at large, to preserve the oak trees on the Anoakia property. The Chamber believes that it is high time to utilize preservation over demolition in our town. The main historical heritage of Arcadia is in our beautiful oak trees and in the Lucky Baldwin legacy, and these two historic bastions are equally in anger of disappearing with a shove of the same bulldozer. The Arcadia Chamber of Commerce would like the Planning Commission to make every effort possible to at least partly preserve what little is left of our vanishing history—the Anoakia Mansion and the oak trees. We believe that there is a way to preserve to some degree, the mansion, and to an even greater degree the oak trees. There are architects who are able to design homes that are built around trees, not over them. There are conservancies and historical societies that are willing to help find finds, grants and donations, not moan over the lack thereof. In a positive, affirming attitude, we need to work together to preserve as much as possible of what is left of the heritage of our City of Arcadia." Carol Libby, 438 W. Norman Ave., agreed with Ms. Costanza's comment regarding "preservation instead of demolition". She thought they should somehow preserve it by relocating a portion of the house. Phyllis Chapman, 430 S. Grandview, Sierra Madre, said she shares the same concerns as her Arcadia neighbors. Many people are interested in the history of this site. She thou t it would be a good idea to move a portion to the Arboretum. If they demolish the house, then the history is gone forever but by moving it they will be able to save some of the history and heritage of Arcadia. Anoakia — CC Report December 7, 1999 Page 108 _ • A Peter Adkins, CEO Los Angeles County Arboretum, 2026-Sinaloa Ave., Altadena, said there would be a great deal of benefit if a portion of the house was moved to the Arboretum. This would be a great educational tool. In rebuttal, Mr. Hover explained that the building heights, setbacks and density, of the project are in conformance with the zoning code. They are willing to donate the mansion to any entity that the City deems worthwhile. The entrance from Foothill Blvd. is only for emergency vehicles. They will do all of the site work including demolition at one time including all of the improvements. From a construction stand point, they would phase it based upon the success of sales. • Steve Deitsch, the City Attorney, remarked that the developer met with staff this afternoon to further refine a few of the conditions dealing with tree preservation and historical structures. If the Planning Commission directs staff to prepare a resolution, it is likely that there might be amendments to the proposed conditions of approval. Separate and apart from trees, another issue that was discussed was the'modification to the indemnification condition (condition 5). The Planning Commission will have an opportunity to review and approve final conditions and the developer will still have the right to express their position. In response to a question by the Planning Commission, Mr. Hover replied that they have not studied relocating a portion of the building. Their estimate, which is included in the package, is from a moving company to relocate the top two floors of the mansion but not for moving portions of the building. In the purchase agreement from the McCaslin Family, a number of items were excluded from the purchase. They do not have access or control over a number of those items. They are governed by Mr. McCaslin and his family. He was aware that Mr. McCaslin has had discussions with a representative from. the Arboretum as well as the City in terms of potentially making donations of some of those items but he was not privy to speak on what items. One item discussed with staff was that within the next week a meeting be held with the McCaslin representative and the Arboretum to discuss what items would be donated so that there would be a list. He hoped to have something executed by the next Planning Commission meeting. Commissioner Huang said that based on most of the testimony heard tonight and the letter from LA Conservancy it is requested that the building be donated. He asked if they would consider in participating with relocation costs? He realized that they are willing to donate but would they help in the costs involved? Mr. Hover said that it would not be economically feasible to restore or relocate the structure. There is no estimate on relocating a portion of the building.' This project has taken . significantly longer than they anticipated. They have been impacted from a financial standpoint. He would not be willing to make a commitment or comment on their willingness to join in on that cost. Anoakia — CC Report December 7, 1999 Page 109 i . how many trees will be left and not how many are being removed. Based on his calculation there will be approximately 14 trees per lot, i.e.; one tree for every 1,500 sq. ft. In response to questions by Commissioner Murphy, Ms. Butler stated that the Fire Dept. does not have any objections to the street width as long as the street is posted with "No Parking' signs. These signs will be reviewed by staff. There might be minor modifications to the front entry, subject to the Fire Dept. approval for access. All other departments have reviewed the project and with the exception of the front entry width they are satisfied. She noted that condition 6 could be deleted. Commissioner Murphy said the mansion is trashed. It looks good from the exterior but the inside is in horrible shape. The site was used for a boarding school and day school for 10 years and as a result has been ruined. The building has been stripped from many of its valuable items, leaded glass, tiffany lamps and the woodwork. What they are looking at is a shell that is not earthquake safe. There are huge cracks from the Sierra Madre earthqua e. He thought that it would be a good idea to preserve and save it but where has everyone ben for the past 50 years? The project at hand is an excellent project. The elevations ale beautiful. He liked the layout of the meandering streets and the entry. He could not find a y reason to deny the project but some of the conditions need to be refined. Commissioner Sleeter agreed with comments made by Commissioner Murphy regarding he condition of the building. He was appalled when they visited the site. He had no idea of ilhe deterioration and how badly the building had been stripped out. Prior to that time, he was of the opinion that there should be some type of an intervention to preserve the facility. He vas happy to see the willingness of the Arboretum and others to consider preserving some portion of the structure for future generations. The homes are beautiful. He wished more homes could be presented of this caliber. They are consistent with all of the zoning regulations, albeit, the zoning regulations might be different today than when the original project was approved. It is unfortunate that they will be losing what potentially was a treasure but it certainly is not now. Commissioner Huang was impressed with the site layout as well as the architectural design. He was particularly impressed with the applicant's presentation. He thought the effort has been made to have detached garages in order to save trees. The developer has made efforts to save as many trees as he can. He commended the developer on that because they do not see this type of an approach often. There are a variety of different plans or architectural styles for only 31 homes. He asked that particular attention be given to the bathhouse and'the gym in preserving the buildings. The main house is in a very deteriorated state but the two buildings mentioned above are unique and resemble the Asian/Greek temples. He strongly suggested that these two buildings be preserved. He was glad that they received a letter firom the LA Conservancy indicating their acceptance of the Final EIR This group is well known. for not hesitating to take legal action to stop similar type projects. Commissioner Bruckner viewed this differently than the other Planning Commissioners. The proposal would be a fine layout if the property was anywhere else and did not have the history that it has. The history of this great site and house are tied to the history of the city. { Anoakia — CC Report December 7, 1999 Page 112 This is probably the last parcel of its size available for development. He was not against developing the site. The development regulations encourage a well-planned development including providing flexibility and creativity in design. Taking into account the history of the site, he thought there could have been more creativity and a genuine effort to look at the building and to try to save them by either utilizing them for condos or community purposes. The idea of moving it or saving relics of it take it completely out of context and not in the spirit of what they should be doing to preserve the history of the city. The developer purchased the lot knowing the history of the site and its sensitivity. He thought the Planning Commission should review it further. The developer should utilize more creativity in the subdivision of the site and should look at alternatives to preserve the building and the setting. He could either redevelop the lot with the same number of homes or with slightly less but achieve a preservation project in a setting that is important to the city. MOTION It was moved by Commissioner Kalemkiarian, seconded by Commissioner Murphy to recommend approval of TM 52745 and CUP 99-004 and Final EIR and direct staff to prepare the appropriate resolutions. ROLL CALL: AYES: Commissioner Huang, Kalemkiarian, Murphy, Sleeter NOES: Commissioner Bruckner Ms. Butler said that a public hearing has been scheduled tentatively before the City Council on December 7th. Anoakia — CC Report December 7, 1999 Page 113 11 /23/99 Minutes NON PUBLIC HEARING ITL1w S 4. RESOLUTION NO. 1599 A resolution of the Planning Commission of the City of Arcadia, recommending approval of CUP 99-004 and Vesting TM 52745 for the property located at 701 W. Foothill Blvd., more commonly known as the Anoakia Property. RESOLUTION NO. 1600 A resolution of the Planning Commission of the City of Arcadia, expressing the Planning Commission's comments to the City Council on CUP 99-004 and Vesting TM 52745 for the property located at 701 W. Foothill Blvd., more commonly known as the Anoakia Property. Ms. Butler read the titles of the resolutions. Commissioner Murphy had the following concerns: 1. Oak trees—he felt the developer should be responsible for all the existing and newly planted oak trees for at least one year after completion of the project. He said the developer is responsible for all public improvements for one year and the same conditions should apply to oak trees. There is nothing that guarantees that the trees will survive. It is possible that any damage to a tree would not become evident until 6-months after construction. The developer should be responsible. What if during the course of construction they get too close to the drip line of the tree and it is permanently damaged? Oak trees are an integral part of this project. His request is not unreasonable since the preservation of the oak trees is the second most important issue on the mitigation measures. He thought this would give the newly formed homeowner's association (HOA) power in case any of the trees do not survive. • Ms. Butler said the new HOA would be responsible for the landscaping in all the common areas. She said that based upon meetings with the developer, horticulturists would be on site during construction. Sometimes trees die as a result of over watering or disease. It would be difficult to Report — CC Re Arcadia City Planning Commission 4 Anoakia p December 7, 1999 Page 114 pin point what is caused by the developer. They simply could die because the tree might h ve was there. The tree might have been partially diseased but there is no real way of knowing. Any condition would need to be equitable for both the developer and staff to ensure replacement. The oak tree ordinance ensures that oak trees will be replaced if damaged by disease or construction. Staff feels that this was a fair condition because it ensures that trees are replaced regardless of who owns the property. A City approved horticulturist will be on-site while excavations are taking place because Staff does not have that expertise. Mr. Nicholson explained that the new HOA would become the property owner of all the common areas and it would be their responsibility to maintain all the oak trees in the common areas. Oak trees are very sensitive but arborist will be available during construction. Commissioner Kalemkiarian disagreed with Commissioner Murphy He felt once the property changes ownership then the developer should be relieved of that responsibility. During construction inspectors will be on site to assure that oak trees are not damaged and that construction is done properly. Chairman Pro Tern Huang did not feel comfortable with requiring a condition fr m this developer that they have not required of other developers. Commissioner Murphy argued that this is not a typical development, thus, what they have done historically should not apply here. Anoakia — CC Report December 7, 1999 Arcadia City Planning Commission • 5 _ I Page 115 Ms. Butler remarked that this resolution will be forwarded to me. City Council and it is a recommendation to them. The City Council can approve or amend it. • 2. 90-day time limit for the relocation of artifacts- he felt it was physically impossible to relocate items in that time period. He thought that the 30-days for the offer is acceptable but that milestones should be set up. This time limit might be acceptable if they are moving a small garage but not for this project. It would be very difficult to have all the permits in place within that period to move the building. He felt this is just a way to appease the concerned citizens,who want to preserve the house but this is not giving these people adequate time to relocate items. Commissioner Kalemkiarian remarked that the preservationists have had plenty of time to think about relocating. They have been aware of this proposal since the first Planning Commission meeting, which was in August but most were aware of the historical nature of this house for many years prior to the Planning Commission hearing. Commissioner Murphy agreed and said that he was the Planning Commissioner who said that the people who wanted to preserve the house have had years. He thought there should not be language in the resolution which is physically impossible to accomplish. Ms. Butler could not comment on if this time frame is realistic because staff does not have any formal experience in this matter. She said the 90-days is from the final approval date. The 90- days was agreed upon by staff and the developer as a reasonable time to move a house. Both the developer and staff did not want the relocation of the house to go on indefinitely. They felt that if someone wants the house,they should relocate it without wasting a lot of time. This would not be fair to the applicant. Anoakia — CC Report December 7, 1999 Arcadia City Planning Commission 6 Page 116 Ms. Butler said that based upon discussions with the developer, staff would rely on their expertise in moving the building but it would be unfair to the developer to not put a time limit. The buildings could be placed on blocks and moved to interim locations until a perm ent location is found. She read the code section in the AMC regarding moving of buildings. 3. Developer to provide traffic control during construction —he thought the immediate area would be a traffic nightmare and the developer should provide traffic control. The City shoul have jurisdiction over this and should not incur that cost. Ms. Butler said this is a valid request and she would refer it to the Traffic Engineer for his comments. Mr. Deitsch said that the condition would read: "If deemed necessary by the City's Traffic Engineer, the applicant shall provide at its cost and expense off-site construction traffic control pursuant to the approval o 1 the City Engineer." The Planning Commission was in agreement. 4. Maintenance of common areas — would the CC&Rs address the maintenance of the perimeter walls and the landscaping? Anoakia — CC Report December 7, 1999 Arcadia City Planning Commission 7 Page 117 Ms. Butler said that condition 8 addresses that issue and requires That CC&Rs be recorded. "Perimeter walls" are included in the second paragraph under"final plans". 5. Phase I site assessment—Mr. Murphy asked if the City has required that the developer conduct this type of an assessment to determine possible contaminants in the soil for health and safety purposes? They do not know what happened there while the schools were occupying the site. Mr. Hover the developer of the project indicated that this was conducted and they would forward a copy of the report to the Planning Commission. 6. Who would be responsible for the cost of relocating the house/items — Commissioner Murphy thought that the developer should be responsible. Commissioner Kalemkiarian disagreed. He did not think that it is the developer's responsibility to relocate the items in the house. The developer is not the owner of the artifacts. Why should he be responsible for the relocation? This is undue hardship on the developer. Mr. Hover felt comfortable with the language in the staff report. They would donate the building to an organization that is interested in the building subject to City approval. They are not experienced historical building movers. They are concerned with the language regarding the expense of moving artifacts or elements from the property. They have agreed to make a contribution to whatever entity that would be responsible for removing those item(s) from the property. Anoakia — CC Report December 7, 1999 Page 118 Arcadia City Planning Commission 8 Mr. Deitsch said that is how the condition is currently worded. It is without limitation as to what the actual cost might be. It is worded such that the developer would make a contribution to a charitable organization who would then remove the material from the property. Mark Elliott, the attorney for the developer, said the developer has agreed to make a reasonable contribution to a charitable organization for the cost of relocation and storage. The City would be evaluating the relocation cost and present the figures to them. The intent of the applicant was would into the document. They would like all of the ssues to establish a specific sum that wo �go Y cleared as part of the condition. He said the Arboretum has expressed interest in the building and they are willing to donate a reasonable amount toward relocation. Ms. Butler said that staff did attempt to contact several companies with expertise in hi torical renovation, but was unable to get anyone to return her calls and to get any firm answer on the cost and time limit of moving portions of the house without the City having to pay or the estimate. The City does not have any means of determining what the relocation cost w uld be. Based upon discussions with the developer, staff will rely on their expertise in mo ing the building Mr. Elliott said the intent of the developer was to make a contribution to an entity to defray the cost of relocation and storage. It is their intent that there be a specific cost. He pointe out that they are not the legal owners of some of the items on the site—the McCaslin Family is e owner who is donating them. Their purpose was to donate funds to defray the removal of McCaslin Family's property to transport the items. The applicant does not feel that it is their responsibility and that is the reason they requested that it be done as a donation. For example, the relocation cost for the fireplace could be $100,000, but the applicant could not agree to an unknown figure Anoakia — CC Report Arcadia City Planning Commission 9 December 7, 1999 Page 119 at this point and time. It is not economically reasonable. The developer will contribute to the cost of relocation of the items to a City approved location and donate the building to the City but they do not feel comfortable to committing to an unknown figure for relocation costs. Ms. Butler cited language on page 3 of the "Mitigation monitoring" dealing with the removal/relocation/storage of materials.- Commissioner Kalemkiarian could not understand why the developer is responsible for items that are not the developers. In the letter from the McCaslin Family they state that relocation would be paid by the organization that is receiving the items. Mr. Deitsch explained the legal theory. An EIR was prepared that has identified a historical issue — something that requires mitigation. This is the way to mitigate the loss of a historical treasure. This is a mitigation measure to reduce the impact on the environment. There are many ways to mitigate and the condition before the Planning Commission is one way that staff has chosen to deal with the mitigation of the historical impact. Commissioner Kalemkiarian felt the condition was for an open ended dollar amount. The developer could get his construction workers to move the items and save money instead of an experienced historical mover who would charge much more. He did not think that removal of most of the items would be difficult but the relocation of the fireplace would be complicated. He suggested going through each item and putting a cap on the relocation of each item. Mr. Deitsch said the Planning Commission could determine a percentage of relocation cost and the recipient would be responsible for the remainder. Anoakia — CC Report Arcadia City Planning Commission 10 December 7, 1999 Page 120 Chairman Pro Tern Huang thought that is a better approach. Commissioner Kalemkiarian thought the percentage route still leaves it open-ended. Mr. Hover said they are not expert in relocating items. They preferred a specific dollar amount that they could agree to. Mr. Elliott has requested that the Arboretum, who typically handles items like this, to tell them how much it would cost to relocate these items. Ms. Butler said that the developer's offer was received, but staff did not feel that it would be adequate but until the City has some idea they are uncomfortable with taking a dollar figure. Commissioner Kalemkiarian thought those historical movers and dismantlers would be very expensive. None of the items that are going to be donated are fragile. Mr. Elliott said the initial figure they came up with for relocation cost was $5,000. They felt the City could make a counter offer if they did not feel this amount is adequate. He realized that it is not staff's responsibility to come up with the relocation costs. He pointed out that the items belong to the McCaslin Family. Commissioner Murphy remarked that the McCaslin Family is donating the items but th are not 7 the developers. He did not think this is staff's problem. The developer should resolve this issue. The developer has a list of the items and it is their responsibility to get quotes on relocation. Anoakia 7 CC Report Arcadia City Planning Commission 11 December 7, 1999 Page 121 Mr. Hover pointed out that the McCaslin Family's letter states that the relocation would be paid by the recipient. He suggested continued discussions with staff for a total sum. • Mr. Elliott said the applicant is caught in the middle. This property does not belong to the applicant. It belongs to McCaslin Family. The McCaslins do not have to donate any of these items. They can remove and sell them. There is a benefit that both the City and Arboretum are gaining from these donations in the aspect of preservation of these items. The applicant is trying to ease that process by making a contribution. It is difficult to agree to an open-ended figure. Commissioner Murphy did not think that$5,000 was adequate. Commissioner Kalemkiarian thought most of the items are fairly easy to relocate. The more difficult items would be ones that need to be dismantled. Chairman Pro Tem Huang wondered if they could move ahead with this project pending a discussion with staff and the applicant to come up with a resolution prior to the City Council meeting. - Ms. Butler suggested the developer get someone to go out there for a quote. She thought that hopefully they could come up with a figure. She hoped they would have a definite figure by the time this goes to City Council. Mr. Deitsch said the condition is worded in such a way that it places the responsibility on the developer to come up with a proposal. If their objective is to preserve the condition and meet the Anoakia — CC Report Arcadia City Planning Commission 12 December 7, 1999 Page 122 mitigation measure described in the EIR, then the condition is worded appropriately for the Planning Commission to recommend to the City Council. The City Council may change it if additional information becomes available. The City needs to be able to defend the EIR an the mitigation measures in terms of having met all matters and issues addressed in the EIR. I they cannot defend that then the City and the developer would have not succeeded because there could be a successful challenge. Ms. Butler said they would continue to work with the applicant. She suggested that the P1 nning Commission recommend approval to the City Council with the proviso that the Planning Commission would like staff to work with the developer on the wording of condition 12. Commissioner Murphy wondered who would pick up the cost between what amount is agreed upon and what it actually costs to relocate? In response to a question by Commissioner Murphy, Mr. Elliott responded that the 90-d.y time frame was consistent with the AMC for removal of items. It seems that it is a significant amount • of time to remove a room off of a building. They felt that 3-months is plenty of time. Commissioner Murphy asked if they could agree on milestones? Mr. Elliott responded that that is how it was negotiated. Commissioner Murphy asked that the developer provide a copy of the Phase I Environmental Assessment to the Planning Commission. The developer agreed. Anoakia — CC Report Arcadia City Planning Commission 13 December 7, 1999 !Page 123 Mr. Deitsch summarized the changes: • Completion and filing with the City of Phase I Subsurface Soils Investigation report and if the developer has already completed such report that would suffice for filing. • Construction traffic control monitoring • Addition to condition 8 concerning the inclusion of perimeter walls and landscaping, entry areas and the description of what is the common area subject to the requirement for CC&Rs. • The changes as distributed by staff. MOTION It was moved by Commissioner Murphy, seconded by Commissioner Kalemkiarian to adopt Reso. 1599 and 1600 including the revised wording to the mitigation measures and forward these resolutions to the City Council for their December 7th meeting and include the changes discussed and outlined above. ROLL CALL: AYES: Commissioner Kalemkiarian, Murphy,Huang NOES: None ABSENT: Commissioners Bruckner, Sleeter Anoakia — CC Report December 7, 1999 Arcadia City Planning Commission 14 Page 124 EXHIBIT G LETTERS FROM THE PUBLIC REGARDING THE PROJECT EXHIBIT G • 111" . LOS ANGELES CONSERVANCY • 521 W.Sixth&nurr•Sulu 1216•Lo:Angcict,C.:dt(orr,it 90014 •21 1/62:4•2489 . • November 9, 1999 . • Planning Commission City of Arcadia 240 W. Huntington Dr. P.O. Box 60021 • Arcadia, CA 91066-6021 Dear Commissioners: • • .1 am writing on behalf of the Los Angeles Conservancy to respond to the Final Environmental Impact Report(FIR)for the proposed Anoakia Residential Development. The Los Angeles Conservancy is the largest local historic preservation organization in the • nation, representing over 6,500 members from throughout Southern California. As explained below, the Conservancy is requesting the addition of two additional mitigation measures to the FElIt: 1) The applicant shall pay for the relocation of the main.residence to the Arboretum of Los Angeles County or another suitable site within the City of Arcadia; 2) The City of Arcadia shall,within 18 months, complete an historic resources survey and create a designation process for local historic landmarks. • The Conservancy appreciates that the Elk consultants and the City took our organization's comments on the draft EIR seriously and prepared an analysis on the potential rehabilitation costs for the Anoakia residence. While the Conservancy believes that several of the cost figures seem significantly inflated, we do, reluctantly,concur that, based on the information provided,the on-site rehabilitation of Anoakia appears economically infeasible ut present.. However,that conclusion does not relieve the City and the applicant from developing more meaningful mitigation measures, to help compensate for the loss of one of Arcadia's few • identified historic resources. As we previously mentioned in our response to the DRTR,the City of Arcadia's General Plan identifies only seven historic resources,three of which are now located at the Arboretum. With two of the others (Santa Anita Park and Santa Anita Assembly Center) now in serious jeopardy, and with Anoakia proposed for demolition,the current City government may create an Arcadia legacy that would leave just a water ditch in the National Forest Service Center filled with domestic refuse from the 1920s as the only remaining historic resource outside the Arboretum's gates. • Anoakia — CC Report December 7, 1999 Page 125 Anoakia FEIR Page 2 Typically, the Los Angeles Conservancy opposes relocation of historic resources, in part because historic buildings gain much of their significance within their historic context.. Only in:situations where relocation is truly a last resort, in order to avoid complete demolition, is such a solution appropriate. The Conservancy believes that this is one of those situations. The cost of relocating one of Arcadia's most important historic landmarks represents only a small percentage of the project's revenues, and should be a required mitigation measure. These 31 new homes of 4,800 to 5,600 sq. ft. in a gated community will likely sell for $700,000 to$1 million, making the overall project worth approximately $20 to $30 million. The relocation would allow the County Arboretum,as well as local preservation organizations, to formulate an appropriate rehabilitation project or interpretive program ti)r the Anoakia residence. In addition to requiring relocation of this particular historic resource, the loss or relocation o Anoakia,coupled with recent events and proposed alteration of Santa Anita racetrack, highlight the need for the Planning Commission and City Council to develop more comprehensive historic preservation policies for the city. The Conservancy'understands that a new City redevelopment project may threaten additional,buildings with historic significance, Unlike almost all of your neighbors, including Pasadena, South Pasadena and even Los Angeles, the City of Arcadia lacks a City process to designate local landmarks or local historic districts. It is important to point out that such designations do not prevent any alterations to historic buildings or seek to create museum pieces out of private property: the merely create a process by which proposed alterations and demolitions can be appropriately reviewed. The Conservancy therefore requests, as an additional mitigation measure, that the Planning Commission direct staff to initiate a comprehensive historic resources survey of Arcadia an. also create a local landmark designation process, within the next 18 months. Only through the creation of such a process can Arcadia—one of the most historic and beautiful cities in Los Angeles County safeguard its heritage for future generations. The Los Angeles Conservancy itself is willing to provide advice and guidance to the Commission, Council a d City staff in crafting meaningful historic preservation policies. Thank you for your consideration. Sin'e ely, en Bernstein ' Director of Preservation Issues Anoakia — CC Report December 7, 1999 Page 126 . s �+ 199c • October 17, 1999 City of Arcadia 240 W. Huntington Dr. Arcadia, California 91066 , Attention: Donna L. Butler Dear Ms. Butler: • We are responding to your notice for conditional use permit 99-004, Anoakia Property. We live approximately I '/z blocks from the area that will be the subject of a major redevelopment. We wish to make the following comments and observations. (1) Based on comparable housing in the area, the lots should be no less than one half acre. -(2) We are concerned about the numbers of Oak Trees that will be removed, and the possible aesthetic effect resulting from such action. (3) Due to road congestion and traffic patterns, we are not sure that adequate consideration has been given to additional construction trucks, vehicles, noise and dust. • We have been property owners in Arcadia for over thirty years. Our concern is to keep Arcadia a true "Community of Homes". During this process we will be closely monitoring the situation to make sure actual events correspond to stated plans and approvals. We have no objection in your providing a copy of this correspondence to The Keith Companies. Sincerely, SteaVi&L,St . `Ahde.s. Gustav and Linda Hubert Anoakia — CC Report December 7, 1999 Page 127 E>`,• rtr October 1999 r NQV f ^. 0 inn lOWS Ms V V1G f: Donna Butler Community Development Administrator City of Arcadia 240 W Huntington Dr Arcadia, Ca 91066 RE: Development of Anoakia property Dear Ms Butler: We, the residents of Anoakia Street,would like to. thank you for your interest and your diligent work on the above project. We do have some serious concerns that will particularly affect our street and we trust they can be resolved: 1 . The proposed service entrance on Anoakia street will be . a nuisance to us and will turn our street into a service alley. We believe Foothill will be a better alternative. 2 . Under the present plot plan the south side of Anoakia will remain in its present condition. Currently, this area is cleaned sporadically and is typically full of weeds , bear bottles , other trash and the nesting groun for rats and other vermins . This area must be fully landscaped, irrigated and maintained weekly like the front lawn of the proposed houses. 3 . Because of the lack of homes on the south side of Anoakia, for years there has been questionable to illegal activity on the street resulting in the involvement of the police department and other emergency vehicles. This problem can be resolved if the impression was given that this is a private street. We propose the erection of two massive colums at the beginning of Anoakia Lane,-: at Baldwin Ave. , one resting on the southeast corner of 705 Anoakia and the other on the southwest corner of the Anoakia property with a sign attached to it: ANOAKIA LANE-- - 4 . The ideal project would have homes fronting the south side of Anoakia ' Lane and be a part of the Santa Anita Oaks Association. Please let us know if you have any questions. Sincerely yours , The Property owners of Anoakia Lane (see attached page of homeowners) Anoakia — CC Report December 7, 1999 Page 128 a .. :pqi DG +�. .:: v - wig arcadia redevelopment agency• • 626-574-5408 626-447-3309 ` 240 west huntington drive •p.o. box 60021 • arcadia, ca 91066-6021 626 574 5408 fax 6 DATE: December 7, 1999 TO: City Council Arcadia Redevelopment Agency FROM: Don Penman, Deputy Executive Director/Development Services Director By: Pete Kinnahan, Economic Development Administrator • RE: Report and Recommendation to Approve the 1998-99 Redevelopment Agency Annual Report to the State Controller and the State Housing and Community Development Department Summary The California Redevelopment Law requires the preparation of an annual report on an Agency's financial transactions, including an audit, and a detailed report on the Agency's activities in low/moderate income housing for the previous fiscal year (1998- 99). The report is to be forwarded by the Agency to the legislative body (City Council) for review and transmittal to the State Controller prior to December 31, 1999. Staff recommends approval of the 1998-99 Annual Report by the City Council and authorization to transmit the report to the State Controller. Discussion The Agency annually submits a detailed report on the status of the Agency's previous year's finances on forms provided by the State Controller. This year's report, as in previous years, has been prepared by the Agency's audit firm, Lance Soil Lunghard (LSL). The housing component of the Annual Report has been prepared by both LSL (financial section) and the staff (housing projects/programs). Financial Impact. The report must be submitted to the State by December 31, 1999, to avoid financial penalty of $10,000. LAsrp O ;q GED / 1 Arcadia Development Agency December 7, 1999 Page 2 Recommendation It is recommended: 1) That the Arcadia Redevelopment Agency approve the Annual Report (1998- 99) (Attachment 1) and forward it to the City Council. 2) That the City Council approve the Report and authorize staff to forward it to the State Controller. t Approved: City Manager/Executive Director Summary: Arcadia Redevelopment Projects, Programs, and Activities FY 1998-99 — Central Project Area (for State Controller's Report) Northside Project - Parcel D Pursuant to a February 18, 1987 Disposition and Development Agreement (DDA), the 120-room 3-story Extended Stay America hotel was completed and fully opened in June 1998. Pursuant to a December 16, 1997 DDA, the 18,000-sq. ft. ICD/Heatflex industrial office building started construction in February 1999 and finished construction in November 1999. Northwest Project - Parcel E The Agency has been working with the land owner for several years. In August 1999, the Agency prepared and forwarded a draft DDA for a proposed 38,600-sq. ft. development consisting of two 19,800-sq. ft. 3-story office buildings above subterranean parking. This work will continue in FY99-00. Northwest Corner Project Pursuant to a November 17, 1998, DDA with Stonebridge Corporation of Denver, the 4- story, 120-room Hilton Garden Inn began construction in June 1999 and opened on October 1999. The 84-room 4-story Spring Hill Suites began construction in February 1999 and opened in November 1999. REI Project Pursuant to a December 1, 1998, DDA Recreation Equipment, Inc. (REI), of Seattle, Washington, opened their 25,000-sq. ft. retail store in April 1999. They are currently seeking an owner/tenant for the 10,000-sq. ft. adjacent retail pad. Downtown 2000 Business Incentive Program • Commercial Façade Rehab Program — Five commercial building facades were completed for a total rebate of$111,000. • Special Events —The Agency contributed $15,000 to the downtown Arcadia Business Association Farmer's Market while it operated from April 1998 to April 1999 on Saturday mornings on south First Avenue. • Business Attractions —The Agency paid $5,000 as seed money for the Greater San Gabriel Valley Community Development Corporation (CDC). The CDC's first "micro- loan" in spring 1999 was to a downtown Arcadia business. • Accessways — The Agency required a new restaurant (Matt Denny's) to provide a public accessway through their patio from Parking District One to Huntington Drive. • Downtown Marketing —The Agency prepared two Lease Rate Surveys of available for sale/for lease commercial/industrial properties in Arcadia. The Agency also prepared a Business Fact Book and a new Marketing Brochure with informational inserts for dissemination to area brokers and developers. Redevelopment Plan Amendment The Agency prepared a proposed amendment reauthorizing the power of eminent domain for 12 years or until June 30, 2010. Agency staff drafted the Project Area Committee rules, conducted the PAC Election and meetings, and scheduled the Public Hearings. The City Council adopted Ordinance 2102 on April 7, 1999. Possible South Arcadia Project Area Amendment In June 1999, the Agency engaged a redevelopment consultant to analyze the feasibility of establishing a project amendment area in the South Arcadia business district. This work will continue into FY99-00. Foulger Ford Site During 1998-1999, the Agency and City staff worked with the owner's representative on a possible food store/retail store development and on an 8 -story office/health club development. The zoning height limit was established at 6 stories or 65 feet. This work will continue in FY99-00. Design Reviews — (Major) • 324 North Second (Vacant Site) —The Agency over a 2-year period considered the Johnson Brothers' proposal for a self-storage facility on this land-locked parcel. The Agency approved a 138,000-sq. ft. development design in October 1999. • 7 East Huntington (Denny's Restaurant) —The Agency approved a Design Review for the rehab of Denny's including the removal of the old Van de Kamp Bakery's windmill. Subsequent to the Agency's action, Denny's agreed to keep the windmill at the "request" of the Los Angeles Conservancy, a preservationist group. Administrative • The Agency repaid $2.2 million of the City's $6.6 million loan using the land sale proceeds from the sale of the Northwest Corner site. • The Agency established and updated an Economic Development/Redevelopment section on the City's web page. • Agency staff assisted on other significant City projects during the program year; e.g., proposed Mall expansion, proposed Santa Anita Park project, 3 Par Gold Course Lease, Historical Museum project and police station/bond issue project. • The Agency prepared the required State reports, audit, budget, and other public information documents. ANNUAL REPORT OF HOUSING ACTIVITY OF COMMUNITY REDEVELOPMENT AGENCIES FOR FISCAL YEAR ENDED 6 / 30 / 99 Agency Name and Address: County of Jurisdiction: Arcadia Redevelopment Agency Los Angeles City Hall P.O. Box 60021 Arcadia, CA 91066 Redevelopment agencies must report annually on their housing activities and maintenance and use of the Low&Moderate Income Housing Fund(Health and Safety Code Section 33080.1). A copy of this report must be filed with the Department of Housing and Community Development(HCD)(Section 33080.3). HCD must compile and publish annually a report of redevelopment agencies' housing activities(Section 33080.6). Please answer each of the following questions in order to determine which HCD Schedules your agency must prepare to provide a complete report of housing activity and fund balances for the reporting period. 1. How many adopted project areas did the agency have during the reporting period? 1 If one or more,prepare and submit a separate copy of SCHEDULE HCD-A for each adopted project area. If none,do not submit Schedule HCD-A. 2. Did the agency conduct any housing activity outside of adopted redevelopment project areas during the reporting period? ❑ Yes.Prepare and submit one copy of SCHEDULE HCD-B for the agency. ® No. Do not submit Schedule HCD-B. 3. Did the agency have any adopted project areas,or any funds in the Low&Moderate Income Housing Fund during the reporting period? © Yes.Prepare and submit one copy of SCHEDULE HCD-C for the agency. ❑ No. Do not submit Schedule HCD-C. 4. Were any housing projects completed during the reporting period? ❑ Yes.Prepare and submit all applicable HCD Schedules Dl-D7 for each housing project completed and an HCD Schedule El summarizing all housing projects completed. ® No. Do not submit HCD Schedules Dl-D7 or HCD Schedule El. To the best of my knowledge the representations made in the above statement and the disclosures contained in the HCD Schedule(s) submitted herewith are true and correct. Don Penman Signature of Authorized Agency Representative Deputy Executive Director/ Development Services Director Title 626-574-5414 Telephone Number California Redevelopment Agencies-Fiscal Year 1998-99 HCD-Cover Cover(9/23/99) Page 1 of 1 SCHEDULE HCD-A Project Area Activity for Fiscal Year Ended 6 / 30/ 99 Agency Name: Arcadia Redevelopment Agency Project Area Name: Central (Downtown)/Project Preparer's Name,Title: Peter Kinnahan, Econ. Dev. Adm. Preparer's E-Mail Address: pkinnahan @ci.arcadia.ca.us Preparer's Telephone No: 626-574-5408 Preparer's Facsimile No: 626-447-3309 General Information 1. a Year plan for project area was adopted: 1974 Current expiration of redevelopment plan: 1 / 25 / 14 mo day yr b. If project area name has changed, give previous name(s) or number: NA c. Year(s) project areas merged: NA , Project areas merged: d. Year(s)real property was: (1.) added: NA , , , (2.) removed: NA , 2. Project areas adopted, and areas added by amendment, after 12/31/75 are subject to section 33413. All other project areas are subject to Section 33413(a),effective 1/1/96,with respect to housing activity specified in Section 33413(d). An agency may elect to make all or part of Section 33413 apply to a project area for which a plan was adopted before 1/1/76. If the redevelopment plan for the subject project area was adopted before 1/1/76, and the agency has elected to apply all or part of Section 33413,provide the date and scope of the resolution. Date: / / ; Scope: NA mo day yr Project Area Housing Fund Revenues and Other Sources 3. Report all revenues and other sources of funds from this project area which accrued to the agency's Housing Fund this reporting year. Any income related to agency-assisted housing located outside the project area(s) should be reported as "Other Revenue" on line 3j. (of this Schedule A), if this project area is named as beneficiary in the authorizing resolution. Any other revenue sources not reported on lines 3a.-3i.,should also be reported on line 3j. Enter the full 100% of gross tax increment allocated(prior to any pass through and deduction for fees) on line 3a(1). Calculate 20% of gross tax increment and enter the amount on line 3a(2). To determine the amount of Tax Increment deposited to the Housing Fund(line 3a(6)),subtract allowable exempted(line 3a(4)) or deferred(line 3a(5)) amounts from the Tax Increment Allocated to Housing Fund(line 3a(3)). NOTE: Expenditures for debt service should be reported on Schedule HCD-C (Page 2,Line 3c.). Dollar amounts for items HCD-A lines 3a.-3f. and 3i. (where an italicized line number is noted in parentheses)can be taken directly from that line number on the State Controller's Annual Report of Financial Transactions of Community Redevelopment Agencies,Project Area Income Statement, except for the reclassifying of Transfers-In from Internal Funds and the reporting of Other Sources as discussed below. Transfers-In from other internal funds: The specific sources of transferred funds must be reported in items HCD-A lines 3a.-j. For example: transfers into the Housing Fund from the Debt Service Fund for the deposit of the 20% setaside should be reported on line 3a(3). Other Sources: Non-GAAP revenues such as land sales for those Agencies using the Land Held for Resale method to record land sales should be reported on HCD-A line 3d. Money received for the repayment of loan principal to the Housing Fund should be included on HCD-A line 3h. California Redevelopment Agencies-Fiscal Year 1998-99 HCD-A Sch A(9/23/99) Page 1 of 5 Agency Name: Arcadia Redevelo , .at Agency Project Area Name,. '-ntral (Downtown)/Project 3. a. Tax Increment: 5 , 2- (1) 100% of Gross (line 1E): $ t (2) Minimum Deposit to Housing Fund(Line 3a(1)x 20%): $ (3) Tax Increment Allocated to Housing Fund * $ Less: (4) Amount Exempted(if there is an amount exempted,also complete question#4 (HCD-A, Page 3 of 5): ($ ) (5) Amount Deferred(if there is an amount deferred, also complete question#5 (HCD-A, Page 3 of 5): (5 ) (6) Tax Increment Deposited to Housing Fund [actual amount deposited,Lines 3a: (3)-(4)- (5)] $ * If less than 20% of the Gross Tax Increment(see 3a(2) above) is being set aside in this project area in accordance with Section 33334.3(i); identify the project area(s) contributing the difference: * Explain below if less than 20% is being set aside for any other reason: b. Interest Income(line 5): $ c. Rental/Lease Income(lines 6+ 7): $ d. Sale of Real Estate(line 8): $ e. Grants(lines 9 + 10): $ f. Bond Administrative Fees(line 11 ): $ g. Deferral Repayments: $ h. Loan Repayments: $ i. Debt Proceeds (line 39): $ j. Other Revenue(Specify) $ k. Total Housing Fund Deposits for this Project Area (add 3a(6).through 3j.): $ California Redevelopment Agencies-Fiscal Year 1998-99 HCD-A Sch A(9/23/99) Page 2 of 5 During fiscal year 1998-99,the State Department of Housing and Community Development again made substantial changes to its reporting forms. The information _ which follows has been abstracted from the State Controller's Report in an effort to assist you in the preparation of the various financial schedules of the HCD • report. It is not all inclusive as HCD uses different expenditure classification and requires additional computations. Please review it carefully and make any changes you deem necessary. Central XXXXXX XXXXXX XXXXXX XXXXXX XXXXXX Redevelopment ARCADIA REDEVELOPMENT AGENCY Project r HCD-A Reporting Form-One form required for each project area Computed percentage deposited in the Low and Moderate Housing Fund 20.00% None None None None None (If less than 20% you must indicate actual %on form) Line 3. a. Tax Increment (1) 100% of Gross $ 2,589,662 $ 0 $ 0 $ 0 $ 0 $ 0 (2) Minimum Deposit to Housing Fund (line 1 x 20%) $ 517,932 $ 0 $ 0 $ 0 $ 0 $ 0 (3) Tax Increment Allocated to Housing Fund (Actual) $ 517,932 $ 0 $ 0 $ 0 $ 0 $ 0 Less: (4) Amount Exempted-Complete HCD-A Pg 3 of 5 ( 0 )( 0 ) ( 0 )( 0 ) ( 0 ) ( 0 (5) Amount Deferred-Complete HCD-A Pg 3 of 5 ( 0 )( 0 ) ( 0 )( 0 ) ( 0 ) ( 0 (6) Tax Increment Deposited to Housing Fund $ 517,932 $ 0 $ 0 $ 0 $ 0 $ 0 (if current deferral is present it will be part of increment -subtract it and enter on the "Deferred Repayments Line" below.) b. Interest Income (line 5) 27,124 0 0 0 0 0 c. Rental/Lease Income (lines 6 + 7) 0 0 0 0 0 0 d. Sale of Real Estate (line 8) 0 0 0 0_ 0 0 e. Grants (lines 9 + 10) 0 0 0 0 0 n f. Bond Administrative Fees (line 11) 0 0 0 0 6 g. Deferral Repayments h. Loan Repayments - I. Debt Proceeds (line 39) 0 0 0 0 0 0 j. Other Revenue(Specify) Gain on Land Held for Resale 0 0 0 0 0 0 Other taxes (TOT, Sales tax, Etc.) 0 0 0 0 0 0 Sale of fixed assets 0 0 0 0 0 0 Other revenue-detail on HCD report forms 646 0 0 0 0 0 Transfers in -detail on HCD report forms transfer purpose 0 0 0 0 0 0 I. Total L& M Deposits $ 545,702 $ 0 $ 0 $ 0 $ 0 $ 0 r. Agency Name: Arcadia Redevel _ _ .ent Agency Project Area Nan._. Central (Downtown)/Project Exemption(s) NA 4. a. If you are claiming an exemption from making the minimum 20% set-aside, indicate the reason. Check only one of the below Health and Safety Code Section boxes: ❑ Section 33334.2(a)(1): No need in community to increase/improve supply of lower or moderate income housing. ❑ Section 33334.2(a)(2): Less than 20% set-aside is sufficient to meet the need. ❑ Section 33334.2(a)(3): Community is making substantial effort equivalent in value to 20% set-aside and has specific contractual obligations incurred before May 1, 1991 requiring continued use of this funding. When was the initial finding adopted? mo day yr Identify Resolution# Date Resolution sent to HCD: / / mo day yr Note: Pursuant to Section 33334.2(a)(3)(C),this exemption expired on June 30, 1993. ❑ Other: Specify code section and reason: b. When was current year finding adopted for any exemption claimed in 4.a.? mo day yr Identify Resolution# Date Resolution sent to HCD: mo day yr Deferral(s) 5. a. If you are deferring the set-aside, indicate the reason. Check only one of the below Health and Safety Code Section boxes: © Section 33334.6(d): Project was adopted before 1977 and tax increments are needed to meet existing debts. When was the initial finding adopted? 7 / 15 / 86 mo day yr Identify Resolution# 97 Date Resolution sent to HCD: / / mo day yr Note: The previous allowable deferral under Section 33334.6(e) expired. It was only allowable in each fiscal year prior to July 1, 1996 with certain restrictions. ❑ Other: Specify code section and reason: b. When was current year finding adopted for any deferral claimed in 5.a.? / / mo day yr Identify Resolution# Date Resolution sent to HCD: mo day yr c. A deferred set-aside pursuant to Section 33334.6(d) constitutes an indebtedness to the Housing Fund equal to the amount of the set-aside being deferred. Summarize the amount(s)of set-aside deferred during this fiscal year and cumulatively: Fiscal Year Amount Deferred Amount of Prior FY Cumulative Amount During FY Deferrals Repaid Deferred(Less Any During FY Amount Repaid) 97/98 98/99 S S $ * The cumulative amount of deferred set-aside should also be shown on Line 5b. of Schedule HCD-C, Page 3 of 8. If the FY 97/98 cumulative deferral shown here differs from what was reported on the last HCD report, indicate the amount of difference and the reason: Difference: $ Reason: California Redevelopment Agencies-Fiscal Year 1998-99 HCD-A Sch A(9/23/99) Page 3 of 5 Agency Name: Arcadia Redevelopment Agency Project Area Name: Central (Downtown)/Project Deferral(s) Line 5 (continued) d. Section 33334.6(g) requires any agency which defers set-asides to adopt a plan to eliminate the deficit in subsequent years. If this agency has deferred set-asides,has it adopted such a plan? Yes © No❑ If yes,by what date is the deficit to be eliminated? 1 / 25 / 24 mo day yr If yes,when was the original plan adopted for the deferral claimed? 6 /21 / 88 mo day yr Identify Resolution 4136 Date Resolution sent to HCD / / mo day yr When was the last amended plan adopted for the deferral claimed? 10 / 21 / 96 mo day yr Identify Resolution#178 Date Resolution sent to HCD la / E / mo day yr Housing Units Lost and Households Displaced Pre 1976 Agency 6. a. Pursuant to Sections 33080.4(a)(1) and(a)(3),report the number of dwelling units and bedrooms destroyed or removed from this project area as a result of redevelopment activities;the number of above moderate units or bedrooms the agency is not required to replace; and the income category and type of households permanently displaced from the project area during the fiscal year. Income Level VL L M AM Total Households Permanently Displaced -Elderly Households Permanently Displaced - Non Elderly Households Permanently Displaced -Total Units Lost (Removed or Destroyed, and Required to be Replaced) Bedrooms Lost(Removed or Destroyed, and Required to be Replaced) Units Lost (Above Moderate: Not Required to be Replaced) Bedrooms Lost (Above Moderate: Not Required to be Replaced) b. Pursuant to Sections 33080.4(a)(1) and(a)(3),report the number of households permanently displaced as a result of redevelopment activities other than the destruction or removal of dwelling units and bedrooms from this project area; and the income category and type of households displaced from the project area during the fiscal year. Income Level VL L M AM Total Households Permanently Displaced -Elderly Households Permanently Displaced - Non Elderly Households Permanently Displaced -Total c. Identify each replacement housing plan adopted that is related to permanent displacement, destruction or removal of dwelling units or bedrooms during the fiscal year and identified in paragraphs in 6a. and 6b. as follows: Date / / _ Name of Agency Custodian mo day yr Date / / Name of Agency Custodian mo day yr Date / / Name of Agency Custodian mo day yr Please attach a separate sheet of paper listing any additional housing plans adopted. I California Redevelopment Agencies-Fiscal Year 1998-99 HCD-A Sch A(9/23/99) Page 4 of 5 K 1 Agency Name: Arcadia Redevel-,,::ent Agency Project Area Nal _ Central (Downtown)/Project 7. a. As required in Section 33080.4(a)(2), estimate the type and number of households,by income category,to be permanently displaced from this project area during the next reporting period (Fiscal Year 1999-2000): Income Level VL L M AM Total Households Permanently Displaced -Elderly Households Permanently Displaced - Non Elderly Households Permanently Displaced -Total b. Identify each replacement housing plan adopted that is related to permanent displacement, destruction or removal of dwelling units or bedrooms during the next reporting period and identified in paragraph 7a. as follows: Date / / Name of Agency Custodian mo day yr Date / / Name of Agency Custodian mo day yr Date / / Name of Agency Custodian mo day yr Please attach a separate sheet of paper listing any additional housing plans adopted. 8. Pursuant to Section 33080.4(a)(10),report the number of very low, low, and moderate income units financed by any federal, state, local, or private source to be constructed inside the project area,within the next two years,pursuant to an executed contract or agreement. Also include the estimated completion dates of the units. DO NOT REPORT ANY UNITS SHOWN ON SCHEDULE HCD-B#3 OR SCHEDULE HCD-Ds. Name of Contractor/Project Execution Date Estimated Date of Completion VL L M Total Please attach a separate sheet of paper listing any additional housing plans adopted. California Redevelopment Agencies-Fiscal Year 1998-99 HCD-A Sch A(9/23/99) Page 5 of 5 SCHEDULE HCD-B Activity Outside Project Area for Fiscal Year Ended 6 / 30 / 99 Agency Name: Arcadia Redevelopment Agency Project Area Name: Central (Downtown)/Project Preparer's Name,Title: Peter Kinnahan, Econ. Dev. Adm. Preparer's E-Mail Address: pkinnahan @ci.arcadia.ca.us Preparer's Telephone No: 626-574-5408 Preparer's Facsimile No: 626-447-3309 Housing Units Lost and Households Displaced 1. a. Pursuant to Sections 33080.4(a)(1)and(a)(3),report the number of dwelling units and bedrooms destroyed or removed from outside the project areas as a result of redevelopment activities;the number of above moderate units or bedrooms the agency is not required to replace; and the income category and type of households permanently displaced from outside the project areas during the fiscal year. Income Level VL L M AM Total Households Permanently Displaced -Elderly Households Permanently Displaced - Non Elderly Households Permanently Displaced -Total Units Lost (Removed or Destroyed, and Required to be Replaced) Bedrooms Lost (Removed or Destroyed, and Required to be Replaced) Units Lost (Above Moderate: Not Required to be Replaced) Bedrooms Lost (Above Moderate: Not Required to be Replaced) b. Pursuant to Sections 33080.4(a)(1)and(a)(3),report the number of households permanently displaced as a result of redevelopment activities other than the destruction or removal of dwelling units and bedrooms from outside the project areas;and the income category and type of households permanently displaced from outside the project areas durine the fiscal year. Income Level VL L M AM Total Households Permanently Displaced -Elderly Households Permanently Displaced - Non Elderly Households Permanently Displaced -Total c. Identify each replacement housing plan adopted that is related to permanent displacement, destruction or removal of dwelling units or bedrooms during the fiscal year and identified in paragraphs in 6a. and 6b.,as follows: Date / / Name of Agency Custodian mo day yr Date / / Name of Agency Custodian mo day yr Date / / Name of Agency Custodian mo day yr Please attach a separate sheet of paper listing any additional housing plans adopted. Califomia Redevelopment Agencies-Fiscal Yar 1998-99 HCD-B Sch B(9/23/99) Page 1 of 2 1 1 Agency Name: Arcadia Redevel,r;,„ent Agency 2. a. As required in Section 33080.4(a)(2), estimate the type and number of households,by income category,to be permanently displaced from outside the project area during the next reporting period (Fiscal Year 1999-2000): Income Level VL L M AM Total Households Permanently Displaced -Elderly Households Permanently Displaced - Non Elderly Households Permanently Displaced -Total b. Identify each replacement housing plan adopted that is related to permanent displacement, destruction or removal of dwelling units or bedrooms during the next reporting period and identified in paragraph 7a., as follows: Date / / Name of Agency Custodian mo day yr Date / / Name of Agency Custodian mo day yr Date / / Name of Agency Custodian mo day yr Please attach a separate sheet of paper listing any additional housing plans adopted. 3. Pursuant to Section 33080.4(a)(10),report the number of very low, low, and moderate income units financed by any federal, state, local, or private source to be constructed outside the project area,within the next two years,pursuant to an executed contract or agreement. Also include the estimated completion dates of the units. DO NOT REPORT ANY UNITS SHOWN ON SCHEDULE HCD-A#8 OR SCHEDULE HCD-Ds. Name of Contractor/Project Execution Date Estimated Date of Completion VL L M Total Please attach a separate sheet of paper listing any additional housing plans adopted. Califomia Redevelopment Agencies-Fiscal Year 1998-99 HCD-B Sch B(9/23/99) Page 2 of 2 • SCHEDULE HCD-C Agency-wide Activity for Fiscal Year Ended 6 / 30 / 99 Agency Name: Arcadia Redevelopment- Agency Preparer's Name,Title: Jerry Parke; . --• . . r..... ..Preparer's E-Mail Address: -I parker @ci.arcadia.ca.us Preparer's Telephone No: 626-574-5426 Preparer's Facsimile No: 626-447-4986 Low& Moderate Income Housing Funds /Lee; vrtl I C.A., Report on the"status and use of the agency's Low and Moderate Income Housing Fund," including information developed to comply with Sections 33080.4(a)(6) and(a)(8). Information reported here should be based on that reported to the State Controller. 1. Beginning Balance (Must equal line 4,"Net Resources Available"from last year's HCD-C form): $ If Beginning Balance is not the same as Line 4 from Schedule HCD-C,Page 2 of 5, for FY 97/98, indicate the: Amount of the adjustment(indicate whether positive or negative): $ Reason(s) for each difference: Adjusted Beginning Balance(Beginning Balance plus or minus the adjustment): $ 2. Resources: a. Total Resources From Project Areas: (Sum of amount(s) from line 3k. on Schedule HCD-A(s)): $ b. Other resources not reported on Schedule HCD-A(s) (Specify: ): $ 3. Subtotal of Expenditures and Other Uses (total of HCD-C,pages 2-3, lines 3a.-k.below): ($ NOTE: The line items below were expanded to include specific line items from the State Controller's Annual Report of Financial Transactions of Community Redevelopment Agencies to facilitate preparation of the report. Dollar amounts for items where an italicized line number is noted in parentheses can be taken directly from the line number(s)on the State Controller's Annual Report of Financial Transactions of Community Redevelopment Agencies, Consolidated Income Statement, except for reclassifying of Transfers-Out to Internal Funds and the reporting of Other Uses as discussed below. Transfers-out to other internal funds: The specific use of transferred funds must be reported on HCD-C lines 3a.-k. For example: transfers from the Housing Fund to the Debt Service Fund for the repayment of debt should be reported in line 3c. Any transfers out of the Agency(for example: the transfer of excess surplus funds to the Housing Authority)should be reported in line 3j(3). Other Uses: Non-GAAP expenditures such as land purchases for those Agencies using the Land Held for Resale method to record land purchases should be reported on HCD-C line 3a(1). Money spent on loans from the Housing Fund should be included in lines 3b.,3f.,3g. and 3h. as appropriate. ALWAYS REFER TO THE COMMUNITY REDEVELOPMENT LAW TO DETERMINE THE APPROPRIATENESS OF EXPENDITURES FROM THE LOW AND MODERATE INCOME HOUSING FUND. HCD IS NOT REPRESENTING THAT ALL IDENTIFIED EXPENDITURES ARE ALLOWABLE EXPENDITURES OR USES. California Redevelopment Agencies-Fiscal Year 1998-99 HCD-C Sch D(9/21/99) Page 1 of 8 (Italic line references refer to State Controller's Report Project Income Statement) HCD-C Reporting Form-One form required for Agency All Project Areas Line 1. Beginning Balance per Controller's Report $ 5,083,731 Adjustments: Balances as of Prior Year Reserve for Land Held for Resale Reserve for Loans (Rehabilitation & ERAF) Deferred set-aside 4,573,654 Residual receipt loans Other unavailable amounts Calculated Beginning Balance $ 510,077 Beginning Balance(From last HCD-C) Total Available Balance from Line 4 of 1997-98 HCD-C $ 510,077 Adjustment to opening balance To agree with prior year Controller's Report $ 0 Current year adjustments (reason below) $ 0 Reason: Line 2. a. Total Resources From Project Areas: From- HCD-A Forms (See Total Above) $ 545,702 b. Other Resources (all should be detailed on Sch. C) 0 Line 3. Total Expenditures (Per Controller's Report) ( $ 4,275 ) Agency Name: Arcadia PedPvelopment Agency 3. Subtotal of Expenditures and Other Uses(continued) a. Property Acquisition: Acquisition of Property/Building Sites(33334.2(e)(1)) &Housing Acquisition(33334.2(e)(6)): (I) Real Estate Purchases (Line 17): S (2) Acquisition Expense (Line 20): $ (3) Operation of Acquired Property (Line 21): S Au-41 / (4) Relocation Costs (Line 22): S ,- _ (5) Relocation Payments (Line 23): $ (6) Site Clearance Costs (Line 24): $ (7) Disposal Costs (Line 26): S (8) Other(Specify) • $ Property Acquisition Subtotal: $ b. Subsidies from the LMIHF: (1) 1st Time Homebuyer Down Payment Assistance: S (2) Rental Subsidies: S (3) Purchase of Affordability Coy. (33413(b)2(B): $ (4) Other(Specify) • S Subsidies Subtotal to LMIHF(line 31): $ c. Debt Service(33334.2(e)(9)): (1)Debt Principal Payments: (a) Tax Allocation,Bonds&Notes: S (b) Revenue Bonds &Certificates of Participation: $ (c) City/County Advances&Loans: $ (d) U. S. State&Other Long-Term Debt: $ (2) Interest Expense (Line 29): $ (3) Debt Issuance Costs (Line 31.1): S (4) Other(Specify) • S Debt Service Subtotal: $ d. Planning and Administration Costs (33334.3(e)(1)): (1) Administration Costs (Line 14c): $ (2) Professional Services (not project based) (Line 15c): S (3) Planning, Survey/Design (not project based) (Line 16c): S (4) Indirect Nonprofit Costs (33334.3(e)(1)(B)): S (5) Other(Specify) $ Planning and Administration Costs Subtotal: S California Redevelopment Agencies-Fiscal Year 1998-99 HCD-C Sch C(9/21/99) Page 2 of 8 Ine gate uon(rouer cxpenalture uategones are snown in traluc. tuner types or Amounts ',bleu ds u/InsIuw„ 4..adu,v. .,.: ...:..,"sea..... ....... •.... expenditures may be included which are more properly shown in other categories. State Controller's Report. You may have to break these amounts Therefore, you must review these to ensure they are properly classified. out of the information listed. . a. Property Acquisition (1) Real Estate Purchases (Line 17) $ 4,275 h. Maint. Mobilehome Parks (33334.2(e)(10)) Unknown (2)Acquisition Expenses (fine 20) 0 I. Preserv.of At-Risk Units (33334.2(e)(11)) Unknown (3)Operation of Acquired Property(Line 21) 0 (4) Relocation Costs (fine 22) 0 j. Transfers Out of Agency (5) Relocation payments (line 23) 0 Per Controller's Report- (6)Site Clearance Costs (line 24) 0 Breakdown into Categories below $ 0 (7) Disposal Costs (line 26) 0 (8)Other (need to specify on report) (1) For Use Outside Community(33334.17) $ 0 Loss on Disposition of Land Held (line 26.1) 0 (2) For Transit Village Development Plan (33334.19) 0 Decline in Value of Land Held (Line 26.2) 0 (3) Excess Surplus (33334.12(a)(1)(A)) 0 Other 0 0 (4)Other(cite code section) 0 $ 0 Property Acquisition Subtotal: $ 4,275 k. Other(specify on HCD form) b. Subsidies from the LMIHF: Other expenditures 0 Subsidy to Low&Moderate housing 0 Change in Rehab. Loan Reserve-New Loans 0 Line 4. Net Resources Available $ 1,051,5_ (Breakdown into categories below) (1) 1st Time Homebuyer Down Assistance $ 0 Line 5. Other Housing Fund Assets (Input amounts in columns to right) (2) Rental Subsidies 0 ** a. Value of land purchased and held 0 (3) Purchase of Affordability Coy. (33413(b)2(B)) 0 ** b. Indebt. for set-asides deferred 4,573,654 (4) Other(need to specify on report) 0 ** c. Loans receivable for housing rehabilitation 0 Subsidies Subtotal to LMIHF: $ U ** d. Residual receipt loans U ** e. ERAF Loans Receivable(all years) 0 c. Debt Service ** f. Other Assets U (1) Debt Principal Payments: (a)Tax Allocation, Bonds & Notes (line 33) $ 0 (b) Revenue Bonds &COP (fine 34) 0 Line 6. Total Fund Equity(43 + 5a. Through 5f.) $ 5,625,158 (c) City/County Adv. & Loans (fine 35) 0 (d) U.S. State&Other LTD (line 36) 0 $ 0 Line 7.Total Equities -Line 39c of Controller's Report $ 5,625,158 (2) Interest Expense (fine 29) 0 (3) Debt Issuance Costs (fine 31.1) 0 Difference(Must be Zero) $ 0 (4)Other(need to specify on report) 0 Debt Service Subtotal: $ 0 ** (Note:Changes in these amounts from last year must be Included In d. Planning and Administration Costs: rev./exp.amounts to have HCD-C line 7 agree with line 39 column C (1)Administration Costs (line 14) $' 0 of the Controller's Report Consolidated Balance Sheet) (2) Professional Services (line 15) 0 (3) Planning, Survey/Design (fine 16) 0 Excess Surplus Unencumbered Balance (4) Indirect Nonprofit Costs (33334.3(e)(1)(B)) 0 1. Unencumbered balance from line 6. $ 510,077 (5)Other(need to specify on report) 0 2. Adjustments: Fixed asset acquisitions 0 Bond Proceeds $ 0 $ 510,077 Planning and Administration Costs Subtotal: $ U (We have assumed that all amts.with trustee are unspent proceeds.This may not be correct and the amount may require adjustment.) e. On/Off-Site Improvements (33334.2(e)(2)) (You must provide this information. Enter as a negative number. Project improvement costs 0 Land Sales (See Section 33334.12(g)(3)(A) $ 0 f. Housing Construction (33334.2(e)(5)) Unknown g. Housing Rehabilitation (33334.2(e)(7)) 0 3. Adjusted Balance: $ 510,077 Rehabilitation costs 0 As adjusted balance is less than $1,000,000; therefore, no Rehabilitation grants 0 excess surplus exists. _ IS Agency Name: Arcadia Redevelopment Agency 3. Subtotal of Expenditures and Other Uses(continued) e. On/Off-Site Improvements(33334.2(e)(2)): $ f. Housing Construction (33334.2(e)(5)): $ g. Housing Rehabilitation (33334.2(e)(7)), (Line 27c): $ h. Maintenance of Mobilehome Parks (33334.2(e)(10)): $ i. Preservation of At-Risk Units (33334.2(e)(11)): $ j. Transfers Out of Agency: (1) For Use Outside Community (33334.17) $ (2) For Transit Village Development Plan (33334.19): S (3) Excess Surplus(33334.12(a)(1)(A)): $ (4) Other(cite code section authorizing the transfer): S Code Section Total Transfer Out of Agency: $ k. Other(Specify): $ 4. Net Resources Available (End of Year [1.+2a.+2b.-3a-k.]): $ 5. Other Housing Fund Assets (not included on Line 4, above): a. Value of Land Purchased with Housing Funds and Held for Development of Affordable Housing $ b. Indebtedness for Set-asides Deferred(Sec. 33334.6): $ c. Loans Receivable for Housing Activities $ d. Residual Receipt Loans $ e. ERAF Loans Receivable(all years) (Sec. 33681): $ f. Other Assets(Specify): $ 6. Total Fund Equity(4.+5a. through 5f): $ This line must equal line 39c. of the Balance Sheet on the State Controller's Annual Report of Financial Transactions of Community Redevelopment Agencies. 7. Total Equities (Enter line 39c. from the State Controller's Balance Sheet): THIS LINE MUST EQUAL LINE 6. $ Excess Surplus Pursuant to Section 33080.7,report any excess surplus funds(as defined in Section 33334.12(0)(1)). Excess surplus exists for the current reporting year if the Adjusted Balance(Schedule HCD-C,Page 3 of 5, line item 9b.(3)) of your agency's 1997/98 reporting forms exceeds the greater of$1,000,000 or the aggregate amount of tax increments deposited into the Fund during the prior four fiscal years. (See the table in Schedule HCD-C, Page 4 of 8, line 8a., for this reporting year). "Encumber"means committing funds pursuant to a legally enforceable contract or agreement for expenditure for authorized redevelopment housing activities (Section 33334.12(g)(2)). In accordance with Section 33334.12(g)(3)(A) and(B),the unencumbered balance may be adjusted to account for any remaining revenue added from debt proceeds and the difference between the sales price of land for affordable housing and its fair market value. California Redevelopment Agencies-Fiscal Year 1998-99 HCD-C Sch C(9/21/99) Page 3 of 8 - r Agency Name: Arcadia Redevelopment Agency 8. Excess Surplus (continued): a. Fill in the following table to calculate and track your agency's excess surplus amounts for each fiscal year since FY 94/95. Amount Expended Sum of Deposited and Encumbered in Total Tax Tax Increment in Excess Surplus FY 98/99 Against Remaining Excess Increments Housing Fund Balance for Each Each Fiscal Year's Surplus for Each Fiscal Deposited in From Previous Adjusted Fiscal Year as of Excess Surplus as of Fiscal Year as of Year Housing Fund Four FYs Balance 7/1/98 6/30/99 6/30/99 as of 7/1/98 * 94-95 $ $ $ $ 95-96 $ $ $ $ 96-97 $ $ $ $ 97-98 $ *Adjusted Balance at the beginning of F1'98-99 is equal to the amount reported last year on HCD-C, Page 3 of 5, line 9b(3). b. Are you eligible to adjust the Unencumbered Balance(End of Year)? If yes, identify the type and amount of the adjustment below in lines (4)(a). and(4)(b).: (1) Net Resources Over(Under)Expenditures and Uses (from line 4 on previous page): $ (2) Total Encumbrances (End of Year)-see Section 33334.12(g)(2) for a definition. (Amount of line 8b(1) (above)) encumbered per agreement or contract): $ (3) Unencumbered Balance(End of Year[8b(1) - 8b(2)]) $ Breakdown of Unencumbered Balance(End of Year): (a)Unencumbered Designated(portion of line 8b(3)) $ (b)Unencumbered Undesignated (portion of line 8b(3)) $ (4) Less Adjustments: (a)Debt Proceeds(33334.12(g)(3)(B)): $ NOTE: ONLY INCLUDE THE UNSPENT PORTION OF DEBT PROCEEDS AND INCOME RELATED THERETO REMAINING IN THE HOUSING FUND AT THE END OF THE REPORTING YEAR. (b) Land Sales(33334.12(g)(3)(A)): $ (5) Adjusted Balance: This will be the 7/1/99 adjusted balance used to calculate next year's excess $ surplus. c. If you reported an excess surplus for the current reporting year,briefly summarize the agency's plan(authorized in Section 33334.10) for encumbering or expending that amount: d. If plan described in 8c.was adopted, enter the date the plan was adopted: / / mo day yr California Redevelopment Agencies-Fiscal Year 1998-99 HCD-C Sch C(9/21/99) Page 4 of 8 Agency Name: Arcadia Redeveloi it Agency Miscellaneous Uses of Funds 9. If an amount is reported in 3e., pursuant to Section 33080.4(a)(6), report the total number of very low-, low-, and moderate- income households directly benefited from expenditures for onsite/offsite improvements,which resulted in new construction, rehabilitation, or the elimination of health and safety hazards. (If line 3e. of this schedule does not show expenditures for improvements,no units should be reported here.) Income Construction Rehabilitation Health and Safety Duration of Deed Restriction Level Very Low Low Moderate 10. If the agency is holding land for future housing development(see 5a., above), summarize here the sites held, including acreage, date of purchase,zoning, and anticipated start date for the housing development. Site Name/Location* No. of Zoning Purchase Date Estimated Date Comments Acres Available E. Alta Street 16,000SF PR-3 Currently used for Downtown ntown parking Please attach a separate sheet of paper listing any additional sites not reported above. 11. Section 33334.13 requires agencies which have used the Housing Fund to assist mortgagors in a homeownership mortgage revenue bond program, or home financing program described in that Section,to provide the following information: a. Has your agency used the authority related to definitions of income or family size adjustment factors provided in Section 33334.13(a)? Yes ❑ No ❑ Not Applicable ❑ b. Has the agency complied with requirements in Section 33334.13(b)related to assistance for very low-income households equal to twice that provided for above moderate-income households? Yes ❑ No ❑ Not Applicable ❑ California Redevelopment Agencies-Fiscal Year 1998-99 HCD-C Sch C(9/21/99) Page 5 of 8 _ r Agency Name: Arcadia Redevelopment Agency 12. Did the Agency use non-LMIHF funds as matching funds for the Federal HOME or HOPE program during the reporting period? YES NO El If yes, please indicate the amount of non-LMIHF funds that were used for either HOME or HOPE program support. HOME$ HOPE S 13. Pursuant to Section 33080.4(a)(11),the description of the agency's activities shall include the date and amount of all deposits and withdrawals of moneys deposited to and withdrawn from the LMIHF during the reporting period. The deposit and withdrawal information must be kept and promptly submitted to HCD upon request and made available to any member of the public upon request. Has your agency made any deposits to or withdrawals from the LMIHF? Yes ❑ No ❑ If yes, identify the document(s)describing the agency's deposits and withdrawals by listing for each document,the following (attach additional pages as necessary): Name of document: Date of document: / / mo day yr Name of Agency Custodian: Custodian telephone number: Where to obtain a copy: Name of document: Date of document: mo day yr Name of Agency Custodian: Custodian telephone number: Where to obtain a copy: Achievements 14. Please briefly describe one outstanding or innovative project,practice, or program the agency participated in during this reporting period to increase, improve or preserve the community's affordable housing supply. Provide the following information along with the program or project description: a. Name of Project or Program: b. Contact Person: c. Telephone Number(contact person) d. Description: Owner/Developer: Management Entity: Architect: Contractor: Funds Utilized: (Sources)Type: El Construction ❑ Permanent Loan/Grant ❑ Land Lease ❑ Other California Redevelopment Agencies-Fiscal Year 1998-99 HCD-C Sch C(9/21/99) Page 6 of 8 � s — Agency Name: Arcadia Redevelopment Agency Development Type: ❑ Rental New Construction, ❑ Rental Rehabilitation Only ❑ Rental Acquisition R.Rehabilitation ❑ New Construction of For Sale Units ❑ Owner Occupied Rehabilitation ❑ Mortgage Assistance of For Sale Units: ❑ 15`Time Homebuyers ❑ Other Assistance ❑ Other Resident Profile (State Income Levels) and Special Needs Designations: Income Range Very-low Income $ $ Low Income $ $ Moderate Income Above Moderate Income$ $ • DISABLED (MENTAL) # FARMWORKER (PERMANENT) # TRANSITIONAL HOUSING # DISABLED (PHYSICAL) # FEMALE HEAD OF HOUSEHOLD # ELDERLY # FARMWORKER (MIGRANT) # LARGE HOUSEHOLDS # EMERGENCY SHELTERS (4 or more Bedrooms) Density(units per Acre): Development/Residential(Income Levels)Profile Number of Units: Type Size (sf) Rental Rate VLOW LOW MOD AMOD Total No/Units 1 BR 2 BR 3 BR 4 BR TOTAL Funding: Source=CDBG,HOME,LIHTC,MRB (Specify) Type=Construction,Permanent Loan/Grant Land Lease or Other(Specify) Source Amount Type $ $ Construction Type: (e.g., conventional. family.two story,manufactured housing etc.) Development Costs: Property Acquisition $ Infrastructure $ Construction $ Public Fees $ Project Reserves $ Other Costs $ Total Development Costs $ California Redevelopment Agencies-Fiscal Year 1998-99 HCD-C Sch C(9/21/99) Page 7 of 8 } 1 Agency Name: Arcadia Redevelopment Agency e. Services provided: f. Nature and extent of the Agency's role: g. Brief History: Housing need or problem addressed: Successful aspects: Unusual features: Problems encountered: Lessons learned: • Several agencies will be selected to receive a"Director's Award for Housing Development Excellence". This award will highlight the important role of redevelopment agencies in addressing California's housing problems. Agencies will be selected based upon the description of an exemplary project or program and in consideration of the leadership role of the agency,the creativity or innovative nature of the project or program, and the overall merit of the project or program in addressing an identified housing problem or need. Use of Other Redevelopment Funds for Housing 15. Please briefly describe the use of any non-LMIHF redevelopment funds(i.e., contributions from the other 80%of tax increment revenue)to construct, improve, assist, or preserve housing in the community. Resource Needs 16. What additional training, information, authority,or other resources would help your agency more quickly and effectively use its Housing Funds to increase, improve, and preserve affordable housing? California Redevelopment Agencies-Fiscal Year 1998-99 HCD-C Sch C(9/21/99) Page 8 of 8 SCHEDULE HCD-D1 GENERAL PROJECT INFORMATION A separate Schedule HCD-D1 and all applicable Schedules HCD-D2-D7 must be completed for each Housing Project. Agency: Arcadia Redevelopment Agency Redevelopment Project Area Name, or"Outside": Central (Downtown)/Project Housing Project Name: None Project Address: Street: City: Zip:. Owner Name: Total Project Units: Restricted Units: Unrestricted Units: # # # Total Project Bedrooms: # Restricted Bedrooms: # Unrestricted Bedrooms:# For projects with no Agency assistance, do not complete any more of HCD-D1 or any of HCD-D2-D6. Only complete HCD-D7. I For the fiscal year being reported, was the Annual Monitoring Report received?: ❑ YES ❑ NO Was this Project a development identified in Government Code Section 65863.10(a)(2)? ❑ YES ❑ NO Number of Units Not in Compliance (income/#of residents in unit): # Number of Bedrooms Not in Compliance (income/#of residents in unit): # Number of Units Restricted for Special Needs: # (Note: This number must not exceed"Total Project Units') _ Number of Units Restricted That are Serving One or More Special Needs: # ❑ Check, if data not available (Note: A unit may serve more than one of the "Special Needs"listed below, therefore the sum of all "Special Needs"can exceed the "Number of Units Restricted for Special Needs") # DISABLED (Mental) # FARMWORKER (Permanent) # TRANSITIONAL HOUSING # DISABLED (Physical) # FEMALE HEAD OF HOUSHOLD # ELDERLY # FARMWORKER (Migrant) # LARGE FAMILY # EMERGENCY SHELTERS (4 or more Bedrooms) (allowable use only with "Other Housing Units Provided- Without LMIHF"money) Use Restriction Dates (enter appropriate dates): Replacement Inclusionary Housing Units Other Housing Units Provided Housing Units Inside Project Area Outside Project Area With LMIHF Without LMIHF Inception Termination Funding Sources: Redevelopment Funds: $ Federal Funds $ State Funds: $ Other Local Funds: $ Private Funds: $ Owner's Equity: $ TCAC/Federal Award: $ TCAC/State Award: $ Total Development/Purchase Cost: $ Check all appropriate form(s) listed below that will be used to identify all Project Units or Project Bedrooms: ❑ Replacement Housing Units Inclusionary Units: Other Housing Units Provided: (Sch HCD-D2) ❑ Inside Project Area (Sch HCD-D3) ❑ With LMIHF (Sch HCD-D5) ❑ Outside Project Area (Sch HCD-D4) ❑ Without LMIHF (Sch HCD-D6) ❑ Without any Agency Assistance (Sch HCD-D7) California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D1 SCHEDULE HCD-D2 REPLACEMENT HOUSING UNITS Agency: Arcadia Redevelopment Agency Redevelopment Project Area Name, or "Outside": Central (Downtown)/Project Housing Project Name: None Check only one: ❑ Inside Project Area ❑ Outside Project Area Check only one. If both apply, complete a separate form for each: ❑ Agency Developed ❑ Non-Agency Developed Check only one. If both apply, complete a separate form for each: ❑ Rental ❑ Owner-Occupied Enter the number of replacement units and bedrooms for each applicable activity below: A. New Construction Units: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. 1 Bedroom 2 Bedrooms New Construction Bedrooms: VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. 3 Bedrooms 4 or more Bedrooms Total Bedrooms VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. B. Substantial Rehabilitation Units: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. Substantial Rehabilitation 1 Bedroom 2 Bedrooms Bedrooms: VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. 3 Bedrooms 4 or more Bedrooms Total Bedrooms VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. C. Non-Substantial Rehabilitation Units: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. Non-Substantial Rehabilitation 1 Bedroom 2 Bedrooms Bedrooms: VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. 3 Bedrooms 4 or more Bedrooms Total Bedrooms VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. TOTAL UNITS (Add totals of all shaded "Total Elderly/Non Elderly Units"): If TOTAL UNITS is less than "Total Project Units"shown on HCD Schedule DI,report the remainder as instructed on the next page. California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D2 Sch D2(9/21/99) Page 1 of 2 Agency Name: Arcadia Redevelopment Agency Housing Project Name: None Check all appropriate form(s) listed below that will be used to identify remaining Project Units to be reported: Inclusionary Units Other Housing Units Provided: ❑ Inside Project Area (Sch HCD-D3) ❑ With LMIHF (Sch HCD-D5) ❑ Outside Project Area (Sch HCD-D4) ❑ Without LMIHF (Sch HCD-D6) ❑ Without any Agency Assistance (Sch HCD-D7) Identify the number of Replacement Units which also have been counted as Inclusionary Units: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D2 , r ,,,,,, Page 2 of 2 • SCHEDULE HCD-D3 INCLUSIONARY HOUSING UNITS (INSIDE PROJECT AREA) Agency: Arcadia Redevelopment Agency Housing Project Name: None Check only one. If both apply, complete a separate form for each: ❑ Agency Developed El Non-Agency Developed Check only one. If both apply, complete a separate form for each: El Rental El Owner-Occupied Enter the number of units for each applicable activity below: A. New Construction Units: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. B. Substantial Rehabilitation Units (Jan 1, 1994 - Dec 31, 2000): Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. C. Substantial or Other Rehabilitation Units (Jan 1, 1976 - Dec 31, 1993): Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. D. Acquisition of Covenants (Only Multi-Family and Other Restrictions): Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. TOTAL UNITS (Add totals of all shaded"Total Elderly/Non Elderly Units"): If TOTAL UNITS is less than "Total Project Units"shown on HCD Schedule Dl,report the remainder as instructed below. Check all appropriate form(s) listed below that will be used to identify remaining Project Units to be reported: ❑ Replacement Housing Units ❑ Inclusionary Units (Outside Project Area) Other Housing Units Provided: (Sch HCD-D2) (Sch HCD-D4) El With LMIHF (Sch HCD-D5) ❑ Without LMIHF (Sch HCD-D6) ❑ Without any Agency Assistance (Sch HCD-D7) Identify the number of Inclusionary Units which also have been counted as Replacement Units: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D3 Sch D3(9/21/99) • SCHEDULE HCD-D4 INCLUSIONARY HOUSING UNITS (OUTSIDE PROJECT AREA) Agency: Arcadia Redevelopment Agency Housing Project Name: None Check only one. If both apply, complete a separate form for each: ❑ Agency Developed ❑ Non-Agency Developed Check only one. If both apply, complete a separate form for each: ❑ Rental ❑ Owner-Occupied Check only one. If both apply, complete a separate form for each: ❑ One-to-One Credit ❑ Two-to-One Credit Enter the number of units for each applicable activity below: A. New Construction Units: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. B. Substantial Rehabilitation Units (Jan 1, 1994 - Dec 31, 2000): Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. L C. Substantial or Other Rehabilitation Units (Jan 1, 1976 - Dec 31, 1993): Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. D. Acquisition of Covenants (Only Multi-Family and Other Restrictions): Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. TOTAL UNITS (Add totals of all shaded "Total Elderly/Non Elderly Units"): If TOTAL UNITS is less than "Total Project Units"shown on HCD Schedule DI, report the remainder as instructed below. Check all appropriate form(s) listed below that will be used to identify remaining Project Units to be reported: ❑ Replacement Housing Units ❑ Inclusionary Units (Inside Project Area) Other Housing Units Provided: (Sch HCD-D2) (Sch HCD-D3) ❑ With LMIHF (Sch HCD-D5) ❑ Without LMIHF (Sch HCD-D6) ❑ Without any Agency Assistance (Sch HCD-D7) Identify the number of Inclusionary Units which also have been counted as Replacement Units: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D4 Sch D4(9/21/99) SCHEDULE HCD-D5 OTHER HOUSING UNITS PROVIDED (WITH LMIHF) Agency: None Redevelopment Project Area Name, or"Outside": Central (Downtown)/Project Housing Project Name: None Check only one: ❑ Inside Project Area ❑ Outside Project Area Check only one. If both apply, complete a separate form for each: ❑ Agency Developed ❑ Non-Agency Developed Check only one. If both apply, complete a separate form for each: ❑ Rental ❑ Owner-Occupied Enter the number of units for each applicable activity below: A. New Construction Units: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. B. Substantial Rehabilitation Units: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. C. Other Non-Substantial Rehabilitation Units: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. D. Acquisition Only: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. E. Mobilehome Owner/ Resident: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. F. Mobilehome Park Owner/ Resident: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D5 SchD5(9/21/99) Page 1 of 2 Agency Name: _ Arcadia Redevelopment Agency Housing Project Name: None G. Preservation (H&S 33334.2(e)(11), Rental Only): Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. H. Subsidy (other than specified options here): Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. Other Assistance: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. VLOW LOW MOD TOTAL INELG. . TOTAL UNITS (Add totals of all shaded"Total Elderly/Non Elderly Units"): If TOTAL UNITS is less than "Total Project Units"shown on HCD Schedule Dl,report the remainder as instructed below. Check all appropriate form(s) listed below that will be used to identify remaining Project Units to be reported: ❑ Replacement Housing Units Inclusionary Units: Other Housing Units Provided: (Sch HCD-D2) ❑ Inside Project Area (Sch HCD-D3) ❑ Without LMIHF (Sch HCD-D6) ❑ Outside Project Area (Sch HCD-D4) ❑ Without any Agency Assistance (Sch HCD-D7) California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D5 Sch D5(9/21/99) Page 2 of 2 SCHEDULE HCD-D6 OTHER HOUSING UNITS PROVIDED (WITHOUT LMIHF) Agency: Arcadia Redevelopment. Agency Redevelopment Project Area Name, or"Outside": Central (Downtown)/Proj ect Housing Project Name: None Check only one: ❑ Inside Project Area ❑ Outside Project Area Check only one. If both apply, complete a separate form for each: ❑ Agency Developed ❑ Non-Agency Developed Check only one. If both apply, complete a separate form for each: ❑ Rental ❑ Owner-Occupied Enter the number of units for each applicable activity below: A. New Construction Units: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG B. Substantial Rehabilitation Units: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG C. Other Non-Substantial Rehabilitation Units: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG D. Acquisition Only: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG E. Mobilehome Owner/ Resident: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG F. Mobilehome Park Owner/ Resident: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D6 Sch D6(9/21/99) Page 1 of 2 Agency Name: Arcadia Redevelopment Agency Housing Project Name: None G. Preservation (H&S 33334.2(e)(11), Rental Only): Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG H. Preservation / Replacement(H&S 33334.3(h): Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG I. Rental Replacement (H&S 33334.3(f)(1)(A): Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG J. Subsidy (other than specified options here): Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG K. Other Assistance: Elderly Units Non Elderly Units Total Elderly&Non Elderly Units VLOW. LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG VLOW LOW MOD AMOD TOTAL INELG L TOTAL UNITS(Add totals of all shaded "Total Elderly/Non Elderly Units"): If TOTAL UNITS is less than "Total Project Units"shown on HCD Schedule D1,report the remainder as instructed below. Check all appropriate form(s) listed below that will be used to identify remaining Project Units to be reported: ❑ Replacement Housing Units Inclusionary Units: Other Housing Units Provided: (Sch HCD-D2) ❑ Inside Project Area (Sch HCD-D3) ❑ With LMIHF (Sch HCD-D5) ❑ Outside Project Area (Sch HCD-D4) ❑ Without any Agency Assistance (Sch HCD-D7) California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D6 Sch D6(9/21/99) Page 2 of 2 f 1 SCHEDULE HCD-D7 OTHER HOUSING UNITS PROVIDED (WITHOUT ANY AGENCY ASSISTANCE) NOTE: Units described on this form cannot be listed on forms HCD-D2 through D6. On this form only report units which have not received any assistance (financial or nonfinancial) from the agency, even though, in some cases, some units in the same project may have been agency assisted. Agency: Arcadia Redevelopment Agency Redevelopment Project Area Name, or"Outside": Central (Downtown)/Project Housing Project Name: None Check only one. ❑ Inside Project Area ❑ Outside Project Area 1. If the project is inside a project area, enter the number of units for each applicable activity below: A. New Construction Units: B. Substantial Rehabilitation Units: C. Total Units: D. If none of the units in the project had any financial or nonfinancial assistance from the agency, complete the following: Building Permit Number: Date of Building Permit: I I mo day yr 2. If the project is outside of a project area, enter the number of units for each applicable activity below: A. New Construction Units: B. Substantial Rehabilitation Units: C. Total Units: Check all appropriate form(s) listed below that will be used to identify remaining Project Units to be reported: ❑ Replacement Housing Units Inclusionary Units: Other Housing Units Provided: (Sch HCD-D2) ❑ Inside Project Area (Sch HCD-D3) LI With LMIHF (Sch HCD-D5) ❑ Outside Project Area (Sch HCD-D4) ❑ Without LMIHF (Sch HCD-D6) California Redevelopment Agencies-Fiscal Year 1998-99 HCD-D7 Sch D7(9/21/99) SCHEDULE HCD-E1 CALCULATION OF INCREASE IN AGENCY'S INCLUSIONARY OBLIGATIONS DURING THE REPORTING YEAR NOTE: The information on this form should be a summary of the totals of all new construction or substantial rehabilitation units from forms HCD-D2 through HCD-D7 which are (a) developed anywhere by the agency and (b) developed in a project area by a person or entity other than the agency. PART I - (H&SC Section 33413(b)(1)) 1. New Units Developed by the Agency 2. Substantially Rehabilitated Units Developed by the Agency 3. Subtotal - Baseline of Units Developed by the Agency (add lines 1 & 2) 4. Subtotal of Inclusionary Obligation Accrued this Year for Units Developed by the Agency (line 3 x 30%) 5. Subtotal of Inclusionary Obligation Accrued This Year for Very-Low Income Units Developed by the Agency (line 4 x 50%) PART II - (H&SC Section 33413(b)(2)) 6. New Units Developed in a Project Area by Any Person or Entity Other Than the Agency 7. Substantially Rehabilitated Units Developed by Any Person or Entity Other Than the Agency 8. Subtotal - Baseline of Units Developed by Any Person or Entity Other Than the Agency (add lines 6 & 7) 9. Subtotal of Inclusionary Obligation Accrued this Year for Units Developed by Any Person or Entity Other Than the Agency (line 8 x 15%) 10. Subtotal of Inclusionary Obligation Accrued This Year for Very-Low Income Units by Any Person or Entity Other Than the Agency (line 9 x 40%) PART III - TOTALS 11. Total Increase in Inclusionary Obligations During This Fiscal Year (add lines 4 and 9) 12. Total Increase in Very-Low Income Units Inclusionary Obligation During This Fiscal Year (add Lines 5 and 10) NOTE: LINE 12 IS A SUBSET OF LINE 11 California Redevelopment Agencies-Fiscal Year 1998-99 HCD-E1 Sch El(9/21/99) Supplemental to the Annual Report of Community Redevelopment Agencies Redevelopment Agency ID Number Name of Redevelopment Agency ARCADIA REDEVELOPMENT AGENCY Address P.O. Box 60 City, State, Zip Arcadia, Ca. 91006 The U. S. Bureau of the Census requests the following information about the fiscal activities of your government for the 1998-99 fiscal year. Governments furnishing this information will no longer receive U. S. Bureau of the Census Form F-32, Survey of Local Government Finances. If you have any questions, please contact: U. S. Bureau of the Census Chris Kubacki 1-800-242-4523 A. Personnel Expenditures Report your government's total expenditure for salaries and wages during the year, including amounts paid on force account construction projects. ZOO $ 0.00 B. Mortgage Revenue Bond Interest Payments Report your government's total amount of interest paid on mortgage revenue bonds during the year. U20 $ 0.00 C. Cash and Investments Held at the End of the Fiscal Year Report separately for each of the three types of funds listed below, the total cash on hand and on deposit and investments in Federal government, Federal agency, State and local government and non-governmental securities. Report all investments at par value. Include in the sinking fund total any mortgages and notes receivable held as offsets to housing and industrial financing loans. Exclude accounts receivable, value of real property and non-security assets. 1. Sinking funds - Reserve held for redemption of long-term debt. WO1 $ 378,145.00 2. Bond funds - Unexpended proceeds from the sale of bond issues held pending disbursement. W31 $ 0.00 3. All other funds - Exclude employee retirement funds. debt. W61 $ 3,630,529.00 US Bureau of Census-Revised 3/99 ANNUAL REPORT OF FINANCIAL TRANSACTIONS COVER SHEET TO:STATE CONTROLLER OF COMMUNITY REDEVELOPMENT AGENCIES PAGE 1 0-1 0 DIVISION OF ACCOUNTING AND REPORTING STATE USE ONLY LOCAL GOVERNMENT REPORTING SECTION COUNTY Los Angeles I I I REDEVELOPMENT REPORTING SECTION MAILING ADDRESS (PLEASE AFFIX MAILING LABEL AND CORRECT IF NECESSARY) P.O.I3OX 942850 AGENCY NAME SACRAMENTO,CA 94250-5876 ARCADIA REDEVELOPMENT AGENCY y STREET ADDRESS OR P.O.BOX EXPRESS MAIL ADDRESS: P.O. Box 60 3301 C STREET, SUITE 700 CITY STATE ZIP CODE SACRAMENTO,CA.95816 Arcadia Ca. 91006 PHONE EXTENSION PHONE(916)445-5153 (626)574-5400 STATE USE ONLY LOCATION: (STREET ADDRESS) (IF DIFFERENT FROM ABOVE) FISCAL YEAR ENDED BATCH NO Same June 30, 1999 CITY STATE ZIP CODE DUE WITHIN SIX MONTHS OF THE REVIEWED Same Ca. 91006 AGENCY'S FISCAL YEAR END AGENCY ORGANIZATION GOVERNING BODY MEMBERSHIP CLEARED X REDEVELOPMENT AGENCY(II&S CODE 33100) BOARD OF SUPERVISORS COMMUNITY DEVELOPMENT COMMISSION X CITY COUNCIL 'OTHER (II&S CODE 34110) MEMBERS OF THE GOVERNING BODY REPORT PREPARED (CONTACT PERSON) PHONE - (CONTACT PERSON) BY: Michael K. Chu (714) 672-0022 CHAIRPERSON MEMBER STREET ADDRESS Gary A. Kovacic 203 N. Brea Blvd. Suite 203 MEMBER MEMBER CITY STATE ZIP CODE Roger Chandler Brea Ca. 92821 MEMBER MEMBER SIGNATURE OF E *LI I ERECTOR D E Robert C. Harbicht `� Ik, ■ � '� "r ~ MEMBER MEMBER NAME TITLE Gail A. Marshall William R. Kelly Executive Director MEMBER MEMBER FIRM NAME INDEPENDENT AUDITOR Gino Roncelli AGENCY OFFICIALS Lance,Soll &Lunghard EXECUTIVE OFFICER PHONE CONTACT PERSON PHONE - (CONTACT PERSON) William R. Kelly (626)574-5400 Michael K. Chu (714) 672-0022 FISCAL OFFICER PHONE STREET ADDRESS James Dale (626)574-5400 203 N.Brea Blvd. Suite 203 SECRETARY PHONE CITY STATE ZIP CODE June D. Alford (626)574-5400 Brea Ca. 92821 ACCT-LGRS 80(REV 7/96) ANNUAL REPORT OF FINANCIAL TRANSACTIONS OF COMMUNITY REDEVELOPMENT AGENCIES PAGE 0 l 2 ACHIEVEMENT INFORMATION (UNAUDITED) FISCAL YEAR ENDED June 30, 1999 AGENCY NAME ARCADIA REDEVELOPMENT AGENCY INDICATE ONLY THOSE ACHIEVEMENTS COMPLETED DURING THE FISCAL YEA OF THIS REPORT AS A DIRECT RESUL OF THE ACTIVITIES OF THE REDEVELOPMENT AGENCY. ENTER THE AMOUNT OF SQUARE SQUARE FOOTAGE COMPLETED PLEASE PROVIDE A DESCRIPTION OF THE AGENCY'S ACTIVITIES/ FOOTAGE COMPLETED THIS YEAR ACCOMPLISHMENTS DURING THE PAST YEAR. USE ADDITIONAL FORMS BY BUILDING TYPE AND I A AS NEEDED. SEGREGATED BY NEW OR NEW PLEASE BE SPECIFIC,AS THIS INFORMATION WILL BE THE BASIS REHABILITATED CONSTRUCTION. CONSTRUCTION REHABILITATED FOR POSSIBLE INCLUSION IN THE PUBLICATION. COMMERCIAL BUILDINGS 1 INDUSTRIAL BUILDINGS 2 PUBLIC BUILDINGS 3 OTHER BUILDINGS 4 TOTAL SQUARE FOOTAG 5 ENTER THE NUMBER R OF JOBS CREATED TED FROM THE ACTIVITIES A AGENCY,OF THE GEN ,EI THE R S OR ESTIMATED ED 6 T ACTU ACTUAL R ENTER THE APPROPRIATE OPR IAT E CODES TO INDICATE CAT EE EACH TYPE OF UBL IC FACILITY TY COMPLETED ED PUBLIC THIS YEAR. ... (A-F ONLY 7 ET ED AF NL TYP TYPE COMPLETED A=UTILITIES C=LANDSCAPING E=STREETS&ROADS B=RECREATION D=SEWER&STORM F=BUS/TRANSIT ACCT-LGRS 80(REV 7/96) ANNUAL REPORT OF FINANCIAL TRANSACTIONS OF COMMUNITY REDEVELOPMENT AGENCIES Page 0 3 AUDIT INFORMATION I. WAS THE REPORT PREPARED FROM STATE USE ONLY J A AUDITED FINANCIAL DATA A.[ X YES B. NO AUDIT 1 DID YOU SUBMIT A COPY A.[ X YES B. NO OPINION 2 OF THE AUDIT? COMPLIANCE 3 II. INDICATE FINANCIAL AUDIT OPINION A. X UNQUALIFIED B. QUALIFIED OPINION 4 _ C._ ADVERSE D. DISCLAIMER E. AUDIT INCOMPLETE EXPECTED COMPLETION DATE : IF THE AUDIT OPINION WAS OTHER THAN UNQUALIFIED,STATE BRIEFLY THE REASON GIVEN III. WAS A COMPLIANCE AUDIT PERFORMED IN ACCORDANCE WITH HEALTH&SAFETY V. IF SECTION IV IS OTHER THAN A OR B, STATE BRIEFLY CODE SECTION 33080.1 AND THE STATE CONTROLLER'S GUIDELINES FOR BELOW THE AREAS OF NON-COMPLIANCE COMPLIANCE AUDITS? ATTACH ADDITIONAL PAGE IF NECESSARY A. X Yes B. No DID YOU SUBMIT A A. X j YES B. NO COPY OF THE AUDIT? IV. INDICATE COMPLIANCE AUDIT OPINION A. X UNQUALIFIED B. POSITIVE/NEGATIVE NO EXCEPTIONS C. POSITIVE/NEGATIVE D. QUALIFIED WITH EXCEPTIONS E. ADVERSE F. DISCLAIMER G. COMPLIANCE AUDIT EXPECTED COMPLETION DATE INCOMPLETE ACCT-LGRS 80(REV 7/96) BALANCE SHEET AGENCY NAME ARCADIA,REDEVELOPMENT AGENCY PAGE 0 1 4 Fiscal Year Ended June 30,1999 • FT MI 1-17— FE. IF' = CAPITAL DEBT LOW/MODERATE SPECIAL GENERAL GENERAL ASSETS & OTHER DEBITS PROJECTS SERVICE INCOME HOUSING REVENUE/OTHER LONG-TERM FIXED TOTAL FUNDS FUNDS FUNDS FUNDS DEBT ASSETS (MEMORANDUM ONLY) 66 1 r 056,862 3 630 5 29 &I ASI 1. 2573 7 $ $CCASH MPREST 0 C I $ r , CASFI W1TII FISCAL AGENT 2.0 378,145 5 378,145 1 45 T INCREMENT C AX RE ENABLE 3.0 214,301 301 214,301 301 ACCOUNTS RECEIVABLE 4.0 22500 2 2500 f IN1NI�R��?I t_ rjll'H1 Hl :I: ACCRUED INTEREST RECEIVABLE 5.0 2 r 371 26 r 420 4 r 649 iii � i^ i �� i s `'«pp i E i i - i ``i 4 ; 33,440 r 44 0 LOANS RECEIVABLE 6.0 - - - CONTRACTS RECEIVABLE 7.0 - - - - ..... r '` ...�......1"'\'.'- .... LEASE PAYMENTS RECEIVABLE 8.0 - - - - $ ::::::::::::::::::::=:....:----- UNEARNED FINANCE CHARGE 9.0 — — — — DUE FROM CAPITAL PROJECTS 10.0 _ 1 582 - m i``' 1 r 582 DUE F ROM DEBT i . 4,241,834 - 1 .0 196 119 4 045 715 SERVICE FUND � `'` DUE FROM LOW/MODERATE INCOME IIOUSING FUND 12.0 517,932 517,932 2 DU E FROM SPECIAL REVENUE/OTHER FUNDS 13.0 - - - INVESTMENTS 14.0 - - - - OTHER ASSETS 15.0 - - - - INVESTMENT-LAND — 2,098,000 O RESALE 16.0 2,098,000 2 098 0 FIELD FOR IN I N DECLINE ALLOWANCE FOR D _ 1 458 00 0 r , HELD FOR RESALE 16.1 1 4 58 000 .. .... , (1,458,000) OF LAND II.L 2 L FIXED ASSETS: LAND STRUCTURE S&IMPROVEMENTS 17.0 'MI'••?MM:fMA:41\ 't:':.' 'IM:-IN.::•• "A'.MIiMiiYh.M eA;N'M'•1•A..''` #`:A:' < "`'H•2 - - 1"1 M I: 1 11' :"NI... 18.0 �<< ``'��><>'<�?> «['>': ' > ':`: ><?>�<�`'�`'"�<' > <>`a"`<`>><«> s`'�B»><> ....... ... ...... 31 967 ' 31,967 EQUIPMENT ............................................................ V AMOUNT AVAILABLE IN DEBT SERVICE FUND 19.0 z;i«wJ zt 379 r 727 ` - '`'' 379,727 7 27 AMOUNT TO BE PROVIDED FO R - 20.0 7,090,395 395 7,090,395 39 5 OF LONG-TERM DEBT PAYMENT F LON .... TOTAL ASSETS&OTHER DEBITS (MUST EQUAL PAGE 04,LINE 40) _ 21.0 $ 3,434,657 $ 620,448 $ 5,625,158 $ — $ 7,470,122 $ 31,967 $ 17,182,352 . ACCT-LGRS 80(REV 7/96) - BALANCE SHEET AGENCY NAME ARCADIA REDEVELOPMENT AGENCY PAGE Q_ 4 Fiscal Year Ended Junc 30,1999 • FA— II r- 11 I ' + ° I : CAPITAL DEBT LOW/MODERATE SPECIAL GENERAL GENERAL - LIABILITIES & OTHER CREDITS PROJECTS SERVICE INCOME HOUSING REVENUFJOTFIER LONG-TERM FIXED TOTAL FUNDS FUNI)S FUNDS FUNDS DEBT ASSETS (MEMORANDUM ONLY) - _ 15,456 5 456 ................... $ 15 45 22.0 15,456 $ 2 . $ ACCOUNTS PAYABLE $ ACC f $ .................................. INTEREST PAYABLE 23.0 TI TAX ANTICIPATION C NOTES PAYABLE 24.0 — — — LOANS PAYABLE 25.0 — — — . — - OTHER LIAIIIL ITIES 26.0 — — DUE TO CA i'1TAI 9 1 96 11 _ — 196,119 19 6 119 FUND f I'I20 JECTSIU DUE TO DEBT 1 582 28.0 1 582 F FU1VI) SERVICE f _ DUE TO LOW/MODERATE llERATE 45 6364 7 _ — 4,563,647 4 563 647 r s FOND f / INCOME HOUSING DUF.TO SPECIAL I2F,V1;'N UElOTIIF. R FUNI ) 30.0 — — - ....._....................... TAX ALLOCATION _ 00 00 3,110,000 3 11 BONDS ABLE 31.0 �': 3 110 , f / ER FI- ' O C TI LEASE REVENUE B ND S PAYABLE >?:' — — T SOP PARTICIPATION I A YABLE 32.0 CA I' CATES IIER LONG-TERM DEBT 33.0 ; ........................ ......................................... ............................. 4,360,122 12 2 4 f 36 0 f 122 TOTAL LIABILITIES _ 6 92 6 _ 7,470,122 1 2 24 0 12 f 7 47 , 17,038 47 59 766 $ f CREDITS 34.0 17 $ $ OTHER RI; $ C , EQUITIES ITIES INVESTMENT IN G ENERAL 31 967 31 967 $ I :::iii iji iii:�iiii iiii:{{viiiiiiiFiiJiii:: i;i::vi:^iii:{:iii:i:iiii:hi:hii::J:i}i:!i:iti^:v:^ii?iiiiiiiii:Ji::iiii:L"i1 ' i :4:::^is[:vtriiiiY:!:id:<?�i::.::^Jii FIXED ASSETS ......... FUN I)BALANCE _ 694 004 4 - 4,694,004 2 89 4 045 715 r 0 36. , Izrs�lz >; / $ FUND BALANCE UNRESERVED-DESIGNATED SIGNA TED 37. 0 379,727 _ 379 f 727 FUND BALANCE UNRESERVED—UND ESIGNA TED 38.0 2/769 f 330 ( 4f 5 19 r 04 5 1579f 4 43 (170,272) r 272 TOTAL.E 111"PIES Q 31 9 67 4,935,426 58 '' $ (MUSrF:UUnLrnc:EUS,L+NES+) 3).0 $ 3,417,619 $ (4,139,318) $ 5,625,158 $ TOTAL LIAB. & OTHER CREDITS &EQUITIES 40.0 $ 3,434,657 $ 620,448 $ 5,625,158 $ — $ 7,470,122 $ 31,967 $ 17,182,352 ACCT-LGRS 80(REV 7/96) INCOME STATEMENT-CONSOLIDATED AGENCY NAME: ARCADIA REDEVELOPMENT AGENCY PAGE I 0 15 I Fiscal Year Ended June 30,1999 I A B C I D CAPITAL DEBT LOW/MODERATE SPECIAL PROJECTS SERVICE INCOME HOUSING REVENUE/OTHER TOTAL REVENUES FUNDS FUNDS *FUNDS FUNDS TAX INCREMENT-GROSS INCLUDE ALL APPORTIONMENTS 1.0 - 2 071 730 517 932 - 2 589 662 SPECIAL SUPPLEMENTAL SUBVENTION 2.0 - - - PROPERTY ASSESSMENTS 3.0 - - - SALES&USE TAX 4.0 - - - TRANSIENT OCCUPANCY TAX 4.1 - - INTEREST INCOME 5.0 - 95,973 27,124 - 123,097 RENTAL INCOME 6.0 5,002 - - - 5,002 LEASE INCOME 7.0 - - SALE OF REAL ESTATE 8.0 - - - GAIN ON LAND HELD FOR RESALE 8.1 - - - FEDERAL GRANTS 9.0 - - - GRANTS FROM OTHER AGENCIES 10.0 - - - BOND ADMINISTRATIVE FEES 11.0 _ - - - OTHER REVENUES 12.0 - 1,755 646 - 2,401 TOTAL REVENUES 13.0 $ 5,002 $ 2,169,458 $ 545,702 $ - $ 2,720,162 • NDIT EXPE RES U ADMINISTRATION COSTS 14.0 705,565 47,029 H - $ 752,594 PROFESSIONAL SERVICES 15.0 55,902 - - 55,902- - PLANNING,SURVEY&DESIGN 16.0 - -REAL ESTATEPURCIIASES 17.0 - - - 4,275 EXPENDITURES SUB-TOTAL (CARRY TO LINE 19) (18.0)_ $ 761,467 _ $ 47,029 $ - $ 812,771 •In order to ensure consistency,the amounts reported in the Low and Moderate Income Housing Fund should form the basis for the data reported to the Department of Housing and Community Development on Schedules HCDA and HCD-C. - ACCT-LGRS 80(REV 7/96) INCOME STATEMENT-CONSOLIDATED AGENCY NAME: ARCADIA REDEVELOPMENT AGENCY PAGE Q 5 Fiscal Year Ended June 30,1999 I— — H I u 1-15- FE— r - CAPITAL DEBT LOW/MODERATE' SPECIAL EXPENDITURES (CON'T) PROJECTS SERVICE INCOME HOUSING REVENUE/OTHER TOTAL FUNDS FUNDS *FUNDS FUNDS SUB-TOTAL (FROM LINE 18) (19.0) $ 761,467 $ 47,029 $ 4,275 $ - $ 812,771 ACQUISITION EXPENSE 20.0 - - OPERATION OF ACQUIRED PROPERTY 21.0 17 - - 17 RELOCATION COSTS 22.0 RELOCATION PAYMENTS 23.0 - SITE CLEARANCE COSTS 24.0 280 - - 280 I PROJECT IMPROVEMENT/ CONSTRUCTION COSTS 25.0 184,560 - - - 184,560 DISPOSAL COSTS 26.0 79,728 - - 79,728 LOSS ON DISPOSITION OF LAND HELD FOR RESALE 26.1 2,117,221 - - - 2,117,221 DECLINE IN VALUE OF _ LAND HELD FOR RESALE 26.2 - - - - REHABILITATION COSTS 27.0 - - - REHABILITATION GRANTS 28.0 - INTEREST EXPENSE 29.0 310,262 212,315 - - 522,577 FIXED ASSET ACQUISITIONS 30.0. 21,292 - - 21,292 SUBSIDIES TO LOW& MODERATE INCOME HOUSING 31.0 - - DEBT ISSUANCE COSTS 31.1 - - OTHER EXPENDITURES INCLUDING _ PASS THROUGH AND ERAF PAYMENT(S) 32.0 - DEBT PRINCIPAL PAYMENTS: TAX ALLOCATION BONDS&NOTES 33.0 - 100,000 - - 100,000 REVENUE BONDS&CERTIFICATES _ OF PARTICIPATION 34.0 - - " CITY/COUNTY ADVANCES&LOANS 35.0 - 2,494,054 - - 2,494,054 U.S.,STATE,&OTIIER _ _ LONG-TERM DEBT 36.0 - TOTAL EXPENDITURES 37.0 $ 3,474,827 $ 2,853,398 $ 4,275 $ - $ 6,332,500 •In order to ensure consistency,the amounts reported in the Low and Moderato Income Housing Fund should form the basis for the data reported to the Department of Housing and Community Development on Schedules HCD-A and HCD-C. ACCT-LGRS 80(REV 7/96) INCOME STATEMENT-CONSOLIDATED AGENCY NAME: ARCADIA REDEVELOPMENT AGENCY PAGE - 0 1 5 Fiscal Year Ended June 30,1999 CAPITAL DEBT LOW/MODERATE SPECIAL EXPENDITURES (CON'T) PROJECTS SERVICE INCOME HOUSING REVENUE/OTHER TOTAL FUNDS FUNDS "FUNDS FUNDS EXCESS (DEFICIENCY)REVENUES • OVER(UNDER)EXPENDITURES 38.0 $ (3,469,825) $ (683,940) $ 541,427 $ - $ (3,612,338) OTHER FINANCING SOURCES(USES): _ PROCEEDS OF LONG-TERM DEBT • 39.0 - - PROCEEDS OF REFUNDING BONDS 39.1 - - PAYMENT TO REFUNDED BOND _ _ ESCROW AGENT 39.2 ( - ) ( - ) ( - ) ( ) ( ) ADVANCES FROM CITY/COUNTY 40.0 310,262 - - - 310,262 SALE OF FIXED ASSETS 41.0 - - - MISCELLANEOUS FINANCING -SOURCES(USES) 41.1 - - OPERATING TRANSFERS IN 42.0 - 286,341 - - 286,341 TAX INCREMENT TRANSFERS IN 42.1 ....... & HOUSING FUND) .. (LOW MOD IIOU ... OPERATING TRANSFERS OUT 43.0 ( ) 286,341 ) ( - ) ( - ) ( 286,341 - ) F TAX INCREM ENT TRANSFERS OUT 43.1. ) iiiisr:`'#;' > <?':'•.' '<" r,'Eii.. ) (LOW&MOD HOUSING FUND) ( ) ( TOTAL- OTHER FINANCING SOURCES (USES) 44.0 $ 310,262 $ - $ - $ - $ 310,262 EXCESS(DEFICIENCY)OF REVENUES . &OTHER FINANCING SOURCES OVER EXPENDITURES&OTHER FINANCING USES (LINE38+LINE44) 45.0 - $ (3,159,563) $ (683,940) $ 541,427 $ - - $ (3,302,076) EQUITY BEGINNING OF PERIOD 46.0 $ 6,577,182 $ (3,455,378) $ 5,083,731 $ - $ 8,205,535 ADJUSTMENTS: _ PRIOR PERIOD ADJUSTMENTS 47.0 - - - • RESIDUAL EQUITY TRANSFERS 48.0 - - OTIIER-(EXPLAIN) 49.0 - - - . 50.0 • - - - EQUITY,END OF PERIOD (MUST EQUAL PAGE 04,LINE 39) 51.0 $ 3,417,619 $ (4,139,318) $ 5,625,158 $ - _ $ 4,903,459 ' •In order to ensure consistency,the amounts reported in the Low and Moderato Incoma Housing Fund should form the basis for the data reported 1 to the Department of Housing and Community Development on Schedules HCD-A and HCD-C. ACCT-LGRS 80(REV 7/96) - a. ASSESSED VALUATIONS - AND - TAX INCREMENT REVENUES SCHEDULE D - R PAGE 3 I -1 FISCAL YEAR ENDED June 30, 1999 AGENCY NAME: ARCADIA REDEVELOPMENT AGENCY ASSESSED VALUATION DATA IC y FROZEN BASE ASSESSED VALUATION 1.0 $ - INCREMENT ASSESSED VALUATION 2.0 $ - TOTAL ASSESSED VALUATION 3.0 $ - PASS THRO UGH/SCHOOL DISTRICT'ASSISTANCE TAX INCREMENT PASS THROUGH DETAIL OTHER PAYMENTS AMOUNTS PAID TO TAXING AGENCIES H&S CODE H&S CODE H&S CODE II&S CODE H&S CODE PURSUANT TO: SECTION 33401 SECTION 33676 SECTION 33607 TOTAL SECTION 33445 .......SE..:CTION 33445.5 r.... . 1—A7- I u I �D - 1 COUNTY 4.0 CITIES 5.0 - - - - .................. ........... ......... ........., .....,... ........, SCHOOL DISTRICTS 6.0 - - - - $ - $ - COMMUNITY COLLEGE DISTRICTS 7.0 - - - SPECIAL DISTRICTS 8.0 - - - TOTAL PAID TO TAXING AGENCIES 10.0 $ - $ - $ - $ - $ $ NET AMOUNT TO AGENCY 11. 2,589,662 66 2 GROSS INCREMENT GENERATED 12.0 .•: • : •:::.:......::..:;:.:• 2,589,662 �::..:...... ..........:.:........................... CAPITAL IMPROVEMENT DETAIL IN ADDITION TO TIIE ABOVE TAX INCREMENT PASS-THROUGHS, PLEASE ITEMIZE EACH CAPITAL IMPROVEMENT EXPENDITURE MADE ON BEHALF OF ANY TAXING AGENCY OTHER THAN A SCHOOL DISTRICT OR COMMUNITY COLLEGE DISTRICT, AND INDICATE CODE SECTION Code Section: Description Name of Taxing Agency Amount 33401 33676 See Individual Schedule D-RP See Individual Schedule D-RP $ $ $ $ l ACCT-LGRS 80(REV 7/96) • SUMMARY OF THE STATEMENT OF INDEBTEDNESS-Agency Totals Agency Name ARCADIA REDEVELOPMENT AGENCY SCHEDULE E-R PAGE 3 I 2 A Total Indebtedness Types of Debts Outstanding As of June 30,1999 TAX ALLOCATION BOND DEBT 1 S 5,111,100 REVENUE BONDS 2 OTHER LONG-TERM DEBT 3 - CITY/COUNTY DEBT 4 4,360,123 LOW & MODERATE FUND 5 4,563,647 OTHER 6 3,508,717 TOTAL 7 $ 17,543,587 AVAILABLE REVENUES 8 ( 377,300 ) NET REQUIREMENT _ 9 _ $ 17,166,287 Using the Statement of Indebtedness(SOI)filed on or before October 1, 1997, please summarize all indebtedness listed on Forms A and B as follows: DESCRIPTION OF LINE ITEMS 1. Any indebtedness listed on the SOI related to Tax Allocation Bonds or Notes. 2. Any indebtedness listed on the SOI related to Revenue Bonds or Certificates of Participation. 3. Any indebtedness listed on the SOI related to other long-term debt issuances, other than debt listed above, or indebtedness owed to the governing body. 4. All indebtedness or obligations owed to the governing body, regardless of the purpose or time limit. 5. All indebtedness or obligations to the Low and Moderate Income Housing Fund. 6. All indebtedness or obligations listed on the SOI, not included above. 8. Line 7 from the Calculation of Available Revenues statement. ANNUAL REPORT OF FINANCIAL TRANSACTIONS PROJECT AREA OF COMMUNITY REDEVELOPMENT AGENCIES COVER SHEET PROJECT AREA REPORT PAGE 0 1 - STATE USE ONLY STATE USE ONLY PROJECT AREA 1D# PLEASE AFFIX LABEL AND CORRECT IF NECESSARY AGENCY AND PROJECT AREA NAME ARCADIA REDEVELOPMENT AGENCY Central Redevelopment Project Reviewed I Cleared PLEASE PROVIDE A BRIEF DESCRIPTION OF THE ACTIVITIES FOR DATE PROJECT AREA WAS ESTABLISHED THIS PROJECT AREA DURING THE REPORTING YEAR. (MM-DD-YY) (1) 12-26-73 MOST RECENT DATE PROJECT AREA WAS AMENDED. (MM-DD-YY) 2 - - MOST RECENT DATE PROJECT AREA WAS MERGED. (MM-DD-YY) 3 - - ESTABLISHED TIME LIMIT: REPAYMENT OF INDEBTEDNESS (YEAR ONLY) 4 ESTABLISHED TIME LIMIT: EFFECTIVENESS OF PLAN (YEAR ONLY) 5.1 ESTABLISHED TIME LIMIT: NEW INDEBTEDNESS (YEAR ONLY) 6.1 SIZE OF PROJECT AREA IN ACRES. 7 252 PERCENTAGE OF LAND VACANT AT THE INCEPTION OF THE PROJECT AREA. HEALTH AND SAFETY CODE SECTION 33320.1 (XX.X%) 8 1.00 % PERCENTAGE OF LAND DEVELOPED AT THE INCEPTION OF THE PROJECT AREA. HEALTH AND SAFETY CODE SECTION 33320.1 (XX.X%) 9 99.00 % OBJECTIVES OF THE PROJECT AREA AS SET FORTH IN THE PROJECT 10 R,I,C AREA PLAN. R = Residential (ENTER THE APPROPRIATE CODE(S) I = Industrial IN SEQUENCE AS SHOWN). C = Commercial P = Public 0 = Other ACCT-LGRS 80(REV 6/96) INCOME STATEMENT AGENCY NAME ARCADIA REDEVELOPMENT AGENCY PAGE 0 I 5 Fiscal Year Ended June 30,1999 PROJECT AREA NAME Central Redevelopment Project A I B I C I D E CAPITAL DEBT LOW/MODERATE SPECIAL PROJECTS SERVICE INCOME IIOUSING REVENUE/OTHER TOTAL REVENUES FUNDS FUNDS *FUNDS FUNDS TAX INCREMENT-GROSS 2,589,662 (INCLUDE ALL APPORTIONMENTS) 1.0 $ - $ 2,071,730 $ 517,932 $ - $ SPECIAL SUPPLEMENTAL SUBVENTION 2.0 - - ' - PROPERTY ASSESSMENTS 3.0 - - - SALES&USE TAX 4.0 - - TRANSIENT OCCUPANCY TAX 4.1 - - INTEREST INCOME 5.0 - 95,973 27,124 - 123,097 . RENTAL INCOME 6.0 5,002 - - - 5,002 LEASE INCOME 7.0 - - - SALE OF REAL ESTATE 8.0 - - - - - GAIN ON LAND IIELD FOR RESALE 8.1 - - - FEDERAL GRANTS 9.0 - - - GRANTS FROM OTHER AGENCIES 10.0 - BOND ADMINISTRATIVE FEES 11.0 - - _ . OTHER REVENUES 12.0 - 1,755 646 - 2,401 TOTAL REVENUES 13.0 $ 5,002 $ 2,169,458 $ 545,702 $ - $ 2,720,162 E T RE EXP NDI U S ADMINISTRATION COSTS 14.0 705,565 47,029 - - $ 752,594 PROFESSIONAL SERVICES 15.0 55,902 - - .. - 55,902 PLANNING,SURVEY&DESIGN 16.0 - - REAL ESTATE PURCHASES 17.0 - - 4,275 - 4,275 EXPENDITURES SUB-TOTAL (CARRY TO LINE 19) (18.0) $ 761,467 $ 47,029 $ 4,275 $ - $ 812,771 'In order to ensure consistency,the amounts reported in the Low and Moderato Income Housing Fund should form the basis for the data reported to the Department of Housing and Community Development on Schedules HCD-A and HCD-C. ACCT-LGRS 80(Rev 7/96) - INCOME STATEMENT AGENCY NAME ARCADIA REDEVELOPMENT AGENCY PAGE 1-6-1-- .T-1 Fiscal Year Ended June 30,1999 PROJECT AREA NAME Central Redevelopment Project M r r CAPTTAL DEBT LOW/MODERATE SPECIAL EXPENDITURES (CON'T) PROJECTS SERVICE INCOME IIOUSING REVENUE/OTIIER TOTAL FUNDS FUNDS *FUNDS FUNDS SUB-TOTAL (FROM LINE 18) (19.0) $ 761,467 $ 47,029 $ 4,275 $ - $ 812,771 ACQUISITION EXPENSE 20.0 - - - OPERATION OF ACQUIRED PROPERTY 21.0 17 - - - 17 RELOCATION COSTS 22.0 - - RELOCATION PAYMENTS 23.0 - - STTE CLEARANCE COSTS 24.0 280 - - - 280 PROJECT IMPROVEMENT/ CONSTRUCTION COSTS 25.0 184,560 - - - 184,560 __ ' DISPOSAL COSTS 26.0 79,728 - - - 79,728 LOSS ON DISPOSITION OF LAND IIELD FOR RESALE 26.1 2,117,221 - - - 2,117,221 DECLINE IN VALUE OF LAND IIELD FOR RESALE 26.2 - - REHABILITATION COSTS 27.0 - - REHABILITATION GRANTS 28.0 - - - INTEREST EXPENSE 29.0 310,262 212,315 - - 522,577 FIXED ASSET ACQUISTTIONS 30.0 21,292 - - - 21,292 SUBSIDIES TO LOW& MODERATE INCOME IIOUSING 31.0 - - - DEBT ISSUANCE COSTS 31.1 - - - OTHER EXPENDITURES INCLUDING PASS THROUGH AND ERAF PAYMENT(S) 32.0 - - - DEBT PRINCIPAL PAYMENTS: — TAX ALLOCATION BONDS&NOTES 33.0 - 100,000 - - 100,000 REVENUE BONDS&CERTIFICATES OF PARTICIPATION 34.0 - - CITY/COUNTY ADVANCES&LOANS 35.0 - 2,494,054 - - 2,494,054 U.S.,STATE,&OTHER LONG-TERM DEBT 36.0 - - TOTAL EXPENDITURES 37.0 $ 3,474,827 $ 2,853,398 $ 4,275 $ - $ 6,332,500 •In order to assure consistency, the amounts reported in the Low and Moderate Income Housing Fund should form the basis for the data reported to the Department of Housing and Community Development on Schedules HCD-A and HCD-C. ACCT-LGRS 80(Rev 7/96) • INCOME STATEMENT AGENCY NAME ARCADIA REDEVELOPMENT AGENCY PAGE 0 I 5 Fiscal Year Ended June 30,1999 PROJECT AREA NAME Central Redevelopment Project CAPITAL DEBT LOW/MODERATE SPECIAL EXPENDITURES (CON'T) PROJECTS SERVICE INCOME HOUSING REVENUE/OTHER TOTAL FUNDS FUNDS *FUNDS FUNDS EXCESS (DEFICIENCY)REVENUES OVER(UNDER) EXPENDITURES 38.0 $ (3,469,825) $ (683,940) $ 541,427 $ - $ (3,612,338) OTHER FINANCING SOURCES(USES): PROCEEDS OF LONG-TERM DEBT 39.0 - - - PROCEEDS OF REFUNDING BONDS 39.1 - - - - - PAYMENT TO REFUNDED BOND ESCROW AGENT 39.2 ( - ) ( - ) ( - ) ( - ) ( ) ADVANCES FROM CITY/COUNTY 40.0 310,262 - - - 310,262 SALE OF FIXED ASSETS 41.0 - - - - MISCELLANEOUS FINANCING SOURCES(USES) 41.1 - - - OPERATING TRANSFERS IN 42.0 - 286,341 - - 286,341 TAX INCREMEN T TRANSFERS IN (LOW&MOD HOUSING FUND) 42.1 .... .............................. ................................. - OPERATING TRANSFERS OUT 43.0 ( - ) ( 286,341 ) - ( - ) ( 286,341 ) TAX INCREMENT TRANSFERS OUT (LOW&MOD HOUSING FUND) 43.1 ( ) .( ) `>>3<>::<<'> s<>`:>« `::< ) ( ) TOTAL- OTHER FINANCING SOURCES (USES) 44.0 $ 310,262 $ - $ - $ - $ 310,262 EXCESS(DEFICIENCY)OF REVENUES &OTHER FINANCING SOURCES OVER EXPENDITURES f'OTHER FINANCING USES (LINE 38+LINE 44) 45.0 $ (3,159,563) $ (683,940) $ 541,427 $ - $ (3,302,076) EQUITY BEGINNING OF PERIOD 46.0 6,577,182 (3,455,378) 5,083,731 $ - $ 8,205,535 ADJUSTMENTS: PRIOR PERIOD ADJUSTMENTS. 47.0 - - - RESIDUAL EQUITY TRANSFERS 48.0 . - - - OTIIER-(EXPLAIN) 49.0 - - 50.0 - - - - - EQUITY,END OF PERIOD (MUST EQUAL PAGE 04,LINE 39) 51.0 $ 3,417,619 $ (4,139,318) $ 5,625,158 $ - $ 4,903,459 - •In order to ensure consistency,the amounts reported in the Low and Moderate Income Housing Fund should form the basis for the data reported to the Department of Housing and Community Development on Schodulas HCD-A and HCD-C. ACCT-LGRS 80(Rev 7/96) - • AGENCY LONG-TERM DEBT SCHEDULE A-RP TAX ALLOCATION BONDS, REVENUE BONDS AND CERTIFICATES OF PARTICIPATION PAGE 1 OF 1 AGENCY NAME ARCADIA REDEVELOPMENT AGENCY Fiscal Year Ended June 30, 1999 PROJECT AREA NAME Central Redevelopment Project Use a separate column for listing each bond authorization not fully retired. Use additional pages as necessary. - I I I CODING BOXES FOR CONTROI.T.RR'S USE ONLY INDICATE TYPE OF DEBT:TAX ALLOCATION Tax Allocation BOND,REVENUE BOND OR CERTIFICATE Refunding TOTAL OF PARTICIPATION Bonds YEAR OF AUTHORIZATION 1.0 1989 PRINCIPAL AMOUNT AUTHORIZED 1.1 $ 3,780,000 $ - - $ - $ - $ 3,780,000 PRINCIPAL AMOUNT UNISSUED 1.2 - - - - - PRINCIPAL AMOUNT UNMATURED- BEGINNING OF FISCAL YEAR 2.0 3,210,000 - - - 3,210,000 ADJUSTMENTS MADE DURING YEAR (EXPLAIN) 3.0 - - - - - PRINCIPAL AMOUNT ISSUED DURING FISCAL YEAR 4.0 - - - - - PRINCIPAL AMOUNT MATURED DURING FISCAL YEAR 5.0 ( 100,000 ) ( - ) ( - ) ( - ) ( 100,000 ) PRINCIPAL AMOUNT DEFEASED -DURING FISCAL YEAR 5.1 ( - ) ( - ) ( - ) ( - ) ( ) PRINCIPAL AMOUNT UNMATURED- END OF FISCAL YEAR 6.0 3,110,000 - - - 3,110,000 - - PRINCIPAL AMOUNT IN DEFAULT 6.1 - - - - - INTEREST IN DEFAULT 6.2 - - - REVENUES PLEDGED AS ADDITIONAL SECURITY EXTENT PURPOSE OF DEBT BY AUTHORIZATION (SPECIFY NATURE OF REVENUE) PLEDGED To refund Tax Allocation Notes,Issue of 1986 All tax increment of project area 100 % % % % ACCT-LGRS 80(REV 7/96) OTHER LONG-TERM INDEBTEDNESS SCHEDULE B-RP Agency Name: ARCADIA REDEVELOPMENT AGENCY Fiscal Year Ended June 30, 1999 Project Area Name: Central Redevelopment Project USE A SEPARATE COLUMN FOR LISTING EACH BOND AUTHORIZATION NOT FULL RETIRED. USE ADDITIONAL PAGES AS NECESSARY. 11 6 11 . 7 I1 8 II 9 A A A A OTHER LONG TERM INDEBTEDNESS (1.0) CITY/COUNTY STATE U.S. OTHER TOTAL PRINCIPAL AMOUNT UNMATURED- BEGINNING OF FISCAL YEAR 2.0 $ 6,543,914 S - $ - $ - $ 6,543,914 ADJUSTMENTS MADE DURING YEAR (EXPLAIN) 3.0 - - - - - INTEREST ADDED TO PRINCIPAL 3.1 310,262 - - - 310,262 PRINCIPAL AMOUNT RECEIVED DURING FISCAL YEAR 4.0 - - - - PRINCIPAL AMOUNT MATURED DURING FISCAL YEAR 5.0 ( 2,494,054 ) ( - ) ( - ) ( - ) ( 2,494,054 ) PRINCIPAL AMOUNT UNMATURED- END OF FISCAL YEAR 6.0 $ 4,360,122 $ - $ - $ - $ 4,360,122 ACCT-LGRS 80(REV.7/96) ASSESSED VALUATIONS -AND - TAX INCREMENT REVENUES SCHEDULE D - RP AGENCY NAME: ARCADIA REDEVELOPMENT AGENCY PAGE I 3 I -1 I FISCAL YEAR ENDED June 30, 1999 PROJECT AREA NAME: Central Redevelopment Project ASSESSED VALUATION DATA Ic FROZEN BASE ASSESSED VALUATION 1.0 $ - INCREMENT ASSESSED VALUATION 2.0 $ - TOTAL ASSESSED VALUATION 3.0 $ - PASS THROUGH/SCHOOL DIS'112ICT ASSISTANCE TAX INCREMENT PASS TIIROUGII DETAIL OTHER PAYMENTS AMOUNTS PAID TO TAXING AGENCIES II&S CODE II&S CODE II&S CODE II&S CODE H&S CODE PURSUANT TO: SECTION 33401 SECTION 336766 SECTION 33607 TOTAL SECTION 334455 SECTION 33445.5 1 A I B 1 FT) !:::::.,.... C OUNTY 4.0 $ - $ - CITIES 5 -- .0 SCHOOL DISTRICTS 6.0 - - - - $ - $ COMMUNITY COLLEGE DISTRICTS 7.0 - - - - SPECIAL DISTRICTS 8 -- .0 TOTAL PAID TO TAXING AGENCIES 10.0 $ - $ - $ - $ - $ - $ NET AMOUNT TO AGENCY 1 2,589,662 662 GROSS TAX INCREME NT 2 589 662 12.0 :#�E ................................................... , GENERATED ................................................................... CAPITAL IMPROVEMENT DETAIL IN ADDITION TO THE ABOVE TAX INCREMENT PASS-THROUGHS, PLEASE ITEMIZE EACH CAPITAL IMPROVEMENT EXPENDITURE MADE ON BEHALF OF ANY TAXING AGENCY OTHER THAN A SCHOOL DISTRICT OR COMMUNITY COLLEGE DISTRICT, AND INDICATE CODE SECTION Code Section: Description Name of Taxing Agency Amount 33401 33676 • $ $ $ $ I I ACCT-LGRS 60(REV 7/96) • SUMMARY OF THE STATEMENT OF INDEBTEDNESS-Project Area Summary Agency Name ARCADIA REDEVELOPMENT AGENCY SCHEDULE E-RP Project Area Central Redevelopment Project PAGE 3 I 2 A Total Indebtedness Types of Debts Outstanding As of June 30,1999 TAX ALLOCATION BOND DEBT 1 $ 5,111,100 REVENUE BONDS 2 OTHER LONG-TERM DEBT 3 CITY/COUNTY DEBT 4 4,360,123 LOW & MODERATE FUND 5 4,563,647 OTHER 6 3,508,717 TOTAL 7 $ 17,543,587 AVAILABLE REVENUES 8 ( 377,300 ) NET REQUIREMENT 9 _ S 17,166,287 Using the Statement of Indebtedness (SOI)filed on or before October 1, 1998, please summarize all indebtedness listed on Forms A and B as follows: DESCRIPTION OF LINE ITEMS 1. Any indebtedness listed on the SOI related to Tax Allocation Bonds or Notes. 2. Ally indebtedness listed on the SOI related to Revenue Bonds or Certificates of Participation. 3. Any indebtedness listed on the SOI related to other long-term debt issuances, other than debt listed above, or indebtedness owed to the governing body. 4. All indebtedness or obligations owed to the governing body, regardless of the purpose or time limit. 5. All indebtedness or obligations to the Low and Moderate Income Housing Fund. 6. All indebtedness or obligations listed on the SOI, not included above. 8. Line 7 from the Calculation of Available Revenues statement. STATEMENT OF INDEBTEDNESS - CONSOLIDATED • Cover Page FILED FOR THE 1999-2000 TAX YEAR _ Name of Redevelopment Agency Arcadia Redevelopment Agency Name of Project Area Central Redevelopment Project . Current Balances Carried Forward From: Total Principal/Interest Line Outstanding Debt Due During Tax Year Fiscal Period - Totals (From Form A,Page 1 Totals) (1) $ 17,543,586.36 $ 12,743,010.41 (Optional) Post Fiscal Period- Totals (From Form B Totals) (2) $ 0.00 $ 0.00 Grand • Totals (3) $ 17,543,586.36 $ 12,743,010.41 Available Revenues ila 1 Revenues From Calculation of Available ,Line 7 (4) $ 377,299.75 Net • ''•'•:• •••••''''s ': Requirement (5) $ 17,166,286.61 Consolidate on this form all of the data contained on Form A and B(including supplemental pages). Form A is to include all indebtedness entered into as of June 30 of the Fiscal Year. Form B may be filed at the option of the agency,and is to include indebtedness entered into post June 30 of the Fiscal Year,pursuant to Health and Safety Code Section 33675(c)(2). This is optional for each agency and is not a requirement for filing the Statement of indebtedness. The Reconciliation Statement is to include indebtedness from Form A only: Certification of Chief Financial Officer: James Dale finance Director Pursuant to Section 336775 (b)of the Health and Safety Code, Name Title I hereby certify that the above is a true and accurate Statement of Indebtedness for the above named agency. Signature Date Rev 6/3/94 STATEMENT OF INDEBTEDNESS Form A FILED FOR THE 1999-2000 TAX YEAR Page 1 of 1 Pages Name of Redevelopment Agency Arcadia Redevelopment Agency Name of Project Area Central Redevelopment Project For Indebtedness Entered into as of June 30,1999 Original Data Interest Total Total Principal/Interest Debt Identification Date Principal Term Rate Interest Outstanding Debt Due During Tax Year Tax Allocation Refunding Bonds, 1989 to 6.625%,6.70% (A) Series 1989 06/21/89 3,780,000.00 2014 and 6.75% 4,294,102.50 5,111,099.95 310,524.00 Matured unpaid interest on Until (B) City Loans. Various 2,280,119.44 Repaid None None 2,157,570.81 2,157,570.81 Deficit created in Low and FY 85-86 Until (C) Moderate Income Housing Fund FY 96-97 4,563,647.00 Repaid None None 4,563,647.00 4,563,647.00 Loans from City of Until LAIF (D) Arcadia• Facility Unknown 920,096.51 Repaid Rate See line(B) 800,096.51 800,096.51 Loans from City of Until LAIF (E) Arcadia-Capital Outlay 03/05/87 1,400,000.00 Repaid Rate See line(B) 912,454.82 912,454.82 Loans from City of Until LAIF (F) Arcadia-Capital Outlay 03/11/88 550,000.00 Repaid Rate See line(B) 490,000.00 490,000.00 Set-Aside Requirement for Until LAW (G) Low and Moderate Housing 07/16/97 3,508,717.27 Repaid Rate None 3,508,717.27 3,508,717.27 (I) . (J) This Page • $ 17,543,586.36 $ 12,743,010.41 totals r g rwara Other es a From All u ra n v 041 63 6 ' 12 743 U1 . '1' tats $ 1 75 43 58 $ o — ► even ue3 atlas e x Av . � e 1 Revenues fA Available o va ' m Calculation Mt :; Res u_i_rem ent € ;iiiii :;::: $ 17,166 286.61 Yurpose of tnaebteaness: (A) Ketund pnor tax allocation bond issues. (19 Provide funding for redevelopment projects. (1i) Matured unpaid interest on City Loans. ((i) Low and Moderate Income Housing Set-Aside requirement based on total debt outstandin - (C) Deticrt created in Low and Moderate Income Housing Fund by debt findings. (H) (1)) Provide tunding tor redevelopment projects. (1) (E) Provide tunding tor redevelopment projects. (d) • RECONCILIATION STATEMENT - CHANGES IN INDEBTEDNESS Page 1 of 2 Pages - Name of Agency Arcadia Redevelopment Agency Name of Project Area Central Redevelopment Project Tax Year 1999-2000 Reconciliation Dates: From July 1, 1998 To June 30, 1999 -------------- A a C P _ E F Debt Identification: Outstanding Debt Adjustments Amounts Paid Against Remaining SOI,page and Ilne:_ Brief All Beginning Increases Decreases _ Indebtedness,from: Balance Prior Yr Current Yr Descri•tion Indebtedness Attach Ex•lanation Attach Explanation Tax increment Other Funds (A+B-C-D-E Pg 1 Pg 1 . Tax Allocation Refunding Bonds, Line A Line A Series 1989 5,423,414.95 312,315.00 5,111,099.95. Pg 1 Pg 1 Matured unpaid interest on - Line B Line B City Loans. 2,157,570.81 310,261.79 310,261.79 2,157,570.81 1,, ) Pg 1 Pg 1 Deficit created in Low and Line C Line C Moderate Income Housing Fund 4,573,654.00 517,932.00 527,939.00 4,563,647.00 Pg 1 Pg 1 Loans from City of Line D Line D Arcadia-Facility 840,096.51 40,000.00 800,096.51 Pg 1 Pg 1 Loans from City of Line E Line E Arcadia-Capital Outlay 1,320,000.00 407,545.18 912,454.82 Pg 1 Pg 1 Loans from City of Line F Line F Arcadia-Capital Outlay 510,000.00 20,000.00 490,000.00 Pg 1 Pg 1 Set-Aside Requirement for Line G Line G Low and Moderate Housing 4,135,245.67 626,528.40 3,508,717.27 Pg 1 Pg 1 Administrative fees in connection Line H Line H with tax increment - 47,029.00 47,029.00 - TOTAL-THIS PAGE 18,959,981.94 875,222.79 626,528.40 1,665,089.97 17,543,586.36 TOTALS FORWARD 1,716,246.42 1,716,246.42 i,. GRAND TOTALS $ 20,676,228.36 $ 875,222.79 $ 626,528.40 $ 3,381,336.39 $ - $ 17,543,586.36 NOTE: Column A must equal the previous year Statement of Indebtedness Outstanding Debt. Column F must equal this year's SOI Outstanding Debt column. Use the page and line number that the indebtedness Is listed on In each year as appropriate,and a brief description. Ignore any indebtedness fully repaid in the previous year,as it had a zero ending balance. All new indebtedness entered into since the previous 801 Is to be listed below the previous Indebtedness. Enter"new"In the"Prior Yr"page and line column for each new indebtedness. Rev. 5/2/94 RECONCILIATION STATEMENT - CHANGES IN INDEBTEDNESS Page 2 of 2 Pages Name of Agency Arcadia Redevelopment Agency Name of Project Area Central Redevelopment Project Tax Year 1999-2000 - Reconciliation Dates: From July 1, 1998 To June 30, 1999 A Debt Identification: Outstanding Debt Adjustments Amounts Paid Against Remaining SOI,page and line: Brief All Beginning Increases I Decreases Indebtedness,from: Balance Prior Yr Current Yr Description Indebtedness (Attach Explanation) (Attach Explanation, Tax Increment Other Funds (A+B-C-D-E) Pg 1 Pg 1 Loans from City of Line I Line I Arcadia-Equip.Replacement 1,200,000.00 1,200,000.00 - Pg Pg Loans from City of Line New Line Arcadia-Liability 516,246.42 516,246.42 - Pg Pg Line Line Pg Pg Line Line Pg Pg Line Line Pg Pg Line Line Pg Pg Une Line Pg Pg Line Line Pg Pg Line Line Pg Pg Une Line Pg P-g Line Line Pg Pg Line Line TOTAL-THIS PAGE 1,716,246.42 1,716,246.42 NOTE: Column A must equal the previous year Statement of indebtedness Outstanding Debt. Column F must equal this year's SOI Outstanding Debt Column. CALCULATION OF AVAILABLE REVENUES AGENCY NAME Arcadia Redevelopment Agency PROJECT AREA Central Redevelopment Project TAX YEAR 1999-2000 RECONCILIATION DATES: JULY 1, 1998 TO JUNE 30, 1999 1. Beginning Balance, Available Revenues $ 1,118,209.56 (See Instructions) Adjustment to agree with prior audit made after SOI filed. $ 66.44 2. Tax Increment Received - Gross $ 2,542,632.25 All Tax Increment Revenues, to including any Tax Increment passed through to other local taxing agencies 3. All other Available Revenues Received- See Note Below $ 97,727.89 (See Instructions) 4. Revenues from any other source, included in Column E of the Reconciliation Statement, but not included in (1 - 3) above - 5. Sum of Lines 1 through 4 $ 3,758,636.14 6. Total amounts paid against indebtedness in previous year. (D + E on Reconciliation Statement) $ 3,381,336.39 7. Available Revenues, End of Year(5-6) $ 377,299.75 FORWARD THIS AMOUNT TO STATEMENT OF INDEBTEDNESS NOTES Tax Increment Revenues: The only amount(s)to be excluded as Tax Increment Revenue are any amounts passed through to other local taxing agencies pursuant to Health and Safety Code Section 33676. Tax Increment Revenue set-aside in the Low and Moderate Income Housing Fund will be washed in the above calculation, and therefor omitted from Available Revenues at year end. Item 4. above: This represents any payments from any source other than Tax Increment OR available revenues. For instance, an agency funds a project with a bond issue. The previous SOI included a Disposition Development Agreement (DDA) which was fully satisfied with these bond proceeds. The DDA would be shown on the Reconciliation Statement as fully repaid under the"other"column(Col E), but with funds that were neither Tax Increment,nor"Available Revenues" as defined. The amounts used to satisfy this DDA would be included on line 4 above in order to accurately determine ending"Available Revenues". • Reconciliation Statement - Description of Adjustments Agency: Arcadia Redevelopment Agency Project Area: Central Redevelopment Project Reconciliation Sheet Description of Adjustment age and line: Amount Pg 1 Line 2 Interest on City Loans for fiscal year. $ 310,261.79 Pg 1 Line 3 Low and moderate set-aside deferred for year. $ 517,932.00 Pg 1 Line 7 To adjust low and moderate income housing requirement based on total debt present. (h' Pg 1 Line 8 To report administrative fees paid in connection with tax increment $ 47,029.00 Pg Line Pg Line Pg Line Pg Line Pg Line Pg Line IPg Line 1 P Line Pg Line IPg I Line jPg i,Line Pg Line Pg Line Pg Line Pg Line Pg Line Pg Line Grand Total $ 248,694.39 i^ q.J•. .-+.. r( ds u t�. ,;y _tS t tt - r ate a �f °'�. -a .r'.' `c 1 4 1 .c •-y•e �.1 s 3s...,.•t �t" ..,. .J..� ..,.. �:F,r -)..s.Kf.T�r � `` r'\.�.8�a: �1. ' :).�7:: 1 • 1 1 • I 1 . ARCADIA REDEVELOPMENT AGENCY • FINANCIAL STATEMENTS • JUNE 30, 1999 • • • • • • • 1 • • • • • • • • • • (1-3/f I I I I i,•:-. •.r a.. ,t^. '�,rr -,. . _ .._, - ,aa.- �„ZS.it�3'.at`2 1,4•a,. 4•'af...l'�� I' -�;::�na„Cp`;�-i��-.'>' - -e.'. ::'.:Jr i a.,. 1_'t�.ti ..,.;f,..... a .-.;.�<�Gr �u t Z c �:i�}�S�S.a1yy_£�� ''• •�' �,P� �-r'ytnw t � �..,..• •c� i� ✓ J•. i .:.-. l„ .-..�r>>�<rtiL�}.,ct x .� �. �� y,:j•`h j . a 11 •.-c �� Yf �..�.1`'�t�jritf,3fjyJ ��j >Sn /f• � p +, .., > ` ..lr..-..w.�.,_fii�•L .,,,`. t.� ..w�:.! F`c:=st�-....,.'r': �yY"''-•`�S,�J-rx°y�.J J' iY'z�ea� � j,"� .siy�rl��k"`ei.F� '•, I ARCADIA REDEVELOPMENT AGENCY CREATED DECEMBER 17, 1968 GOVERNING BOARD Name Term Expires Gary A. Kovacic Chairperson 2002 Roger Chandler 2002 Robert C. Harbicht 2000 Gail A. Marshall 2002 Gino Roncelli 2000 OTHER OFFICIALS William R. Kelly Executive Director Peter P. Kinnahan Economic Development Administrator James Dale Director of Administrative Services June D. Alford Secretary y.�Y11".. ;5%•=`1:1- '\ r .✓'."..nt.::?A,, r3i.:•.c1,•A.;!:,;,*.4. ,,,,....z. ..._..1.-..?„'+*..r5,4, 7--,---,a..7,:. ...ii*%v• .`G-.off . .c_e\.:i .,rr, in� ,-- II ARCADIA REDEVELOPMENT AGENCY TABLE OF CONTENTS M Page 9 INumber INDEPENDENT AUDITORS' REPORT 111 Financial Report 1 Compliance Report 3 MIFINANCIAL STATEMENTS ima Exhibit A - Combined Balance Sheet- All Fund Types and Account Groups 5 II Exhibit B - Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types 6 Exhibit C - Combined Statement of Revenues, Expenditures and Changes in Fund Balances -All Governmental ill Fund Types - Budget and Actual 7 IIINotes to Financial Statements 8 Required Supplementary Information - Evaluation of the Year 2000 Issue 18 "I SUPPLEMENTARY SCHEDULES . Schedule 1 - Combining Project Area Balance Sheet - All Debt Service and Capital Projects Funds 20 IISchedule 2 - Combining Project Area Statement of Revenues, Expenditures and Changes in Fund Balances - All Debt Service and Capital Projects Funds 21 Schedule 3 - Combining Project Area Statement of Revenues, • Expenditures and Changes in Fund Balances - Budget and Actual - All Debt Service and Ill Capital Projects Funds 23 MI .< .. ••.'.a•.. l-. rY 1j4.' O.l.f;'..�T .i .L':ti'S!J%w J,-�+a•'!%>�,; al.... ..J, ..'"1 _`; IfJ•Yt .a'h\. +,e.?f3i` -t,srl51:. r,•�ial?•-?.:;?.�../.„�ti Lance 203 North Brea Boulevard Brandon W.Burrows SOIL & S Donald L.Parker Lun hard Brea, CA 92821-4056 Michael K.Chu 9 (714) 672-0022 David E.Hale A Professional CoCorporation G.Slatete Fax (714) 672-0331 Donald G. r CERTIFIED PUBLIC ACCOUNTANTS Retired Robert C.Lance 1914-1994 Richard C.Soil Fred J.Lunghard,Jr. Governing Board Arcadia Redevelopment Agency 001 Arcadia, CA 91006 INDEPENDENT AUDITORS' REPORT We have audited the general purpose financial statements of the Arcadia Redevelopment Agency, component unit of the Arcadia Redevelopment Agency as of and mod for the year ended June 30, 1999 as listed in the accompanying table of contents. These general purpose financial statements are the responsibility of the Agency's management. • Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by 141 management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the Arcadia Redevelopment IIN Agency at June 30, 1999, and the results of its operations for the year then ended in conformity with generally accepted accounting principles. The required supplementary information is not a required part of the basic financial statements but is required by the Governmental Accounting Standards Board. We have applied certain limited procedures, which consisted principally of inquires of management regarding the methods of measurement and presentation of the supplementary information. However, we did not audit the information and express no opinion on it. In addition, we do not provide assurance that the Arcadia Redevelopment Agency is or will become year 2000 compliant, that the Arcadia Redevelopment Agency's year 2000 remediation efforts will be successful in whole or in part or that parties with which 114 the Arcadia Redevelopment Agency conducts business will be year 2000 compliant. MEMBER CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCnI lniramrc Ma dT Governing Board Arcadia Redevelopment Agency Arcadia, CA 91006 Our audit was made for the purpose of forming purpose financial statements taken as a whole. The supplemental schedules listed in the accompanying table of contents are presented for purposes of additional analysis and are not a required part of the general purpose financial statements of • Redevelopment Agency. Such information has been subjected to the auditing the Arcadia subjected g procedures applied in the audit of the general purpose financial statements and, in our opinion, is fairly presented in all material respects in relation to the general purpose financial statements taken as a whole. i c?;4;11444! September 23, 1999 • • 'ea',„. .. .. :.,,,,„• v+J;' liav :„..„Z• -,„.:.�, �'f f-r ,',[.„Z-. :.3 K r f' �; !�,,,,J y •,6�S:„. F {b,4j, y1 r'Y r ?-�R=!••+,a.i r,.:c ... - .�_. '1..... 4,,:-t. ..-..., a .. . .... �.�..vti t�:.��. }S.Pr_?��r.S,'n1bO f,_ '�zc�,.a.;.:y r:i n.��'1��7.��. �•i�`Ja�iti?v�it j}� �.:�.i'lr'1'. f_,, MI , 1 I VI Lance 203 North Brea Boulevard Brandon W.Burrows CEO” & Suite 203 Donald L.Parker Lunghard Brea, CA 92821-4056 Michael K.Chu g (714) 672-0022 David E.Hale ill . A Professional Corporation Donald G.Slater Fax (714) 672-0331 CERTIFIED PUBLIC ACCOUNTANTS Retired ON Robert C.Lance 1914-1994 Richard C.Soli Fred J.Lunghard,Jr. if M Governing Board Arcadia Redevelopment Agency Arcadia, CA 91006 PI Report on Compliance and on Internal Control over.Financial Reporting €_I Based on an Audit of Financial Statements Performed in Accordance 1.t With Government Auditing Standards 1 We have audited the financial statements of Arcadia Redevelopment Agency as of and for the year ended June 30, 1999, and have issued our report thereon dated September 23, 1999. We conducted our audit in accordance with generally accepted 1 auditing standards and the standards applicable to financial audits contained in !II Government Auditing Standards, issued by the Comptroller General of the United States. !ill: Compliance As part of obtaining reasonable assurance about whether the financial statements of the Arcadia.Redevelopment Agency are free of material misstatements, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the PINdetermination of financial statement amounts. Such provisions included those provisions of laws and regulations identified in the Guidelines for Compliance Audits of California rill Redevelopment Agencies, issued by the State Controller and as interpreted in the Suggested Auditing Procedures for Accomplishing Compliance Audits of California Redevelopment Agencies, issued by the Governmental Accounting and Auditing rili Committee of the California Society of Certified Public Accountants. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no rill instances of noncompliance that are required to be reported under Government Auditing Standards. MEMBER L CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS `s 1341 t- 0'..!/10Yi.Fm* :ii!;-�" :„ .: Sn±�, 4 a� wtid .xgf a s. ::. r : !i • NI Sa I Lance ,,- So I 1 & .cwuc Lur Qhard r = 011 Governing Board Arcadia Redevelopment Agency Arcadia, CA 91006 Internal Control Over Financial Reporting In tannin and e P 9 performing our audit, we considered the Arcadia Redevelopment Agency's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. We noted other matters involving internal control over financial reporting that we have reported to the management of Arcadia Redevelopment Agency in a separate letter dated September 23, 1999. This report is intended for the information f rmation of the Audit committee, management and the State Controller. However, this report is a matter of public record and its distribution is not limited. i 1C4 c:4444? September 23, 1999 I I I iiii ' "' in , - laza rilLKELZ '-'31 ..._ ARCADIA REDEVELOPMENT AGENCY Exhibit A COMBINED BALANCE SHEET ALL FUND TYPES AND ACCOUNT GROUPS June 30, 1999 ACCOUNT GROUPS GOVERNMENTAL FUND TYPES General General Total (Memorandum Only) Debt Capital Fixed Long-Term June 30, ASSETS Service Projects Assets Debt 1999 1998 Cash and investments (Note 2) $ - $ 3,630,529 $ - $ - $ 3,630,529 $ 2,271,266 Cash and investments with trustee (Note 2) 378,145 - - - 378,145 378,155 Receivables (net of allowance for uncollectibles) 240,721 29,520 - - 270,241 590,910 • Due from other funds (Note 4) 1,582 714,051 - - 715,633 529,521 Advances to other funds (Note 4) - 4,045,715 - - 4,045,715 4,045,715 Fixed assets 31,967 - 31,967 - • Land held for resale (Note 1) - 2,098,000 - - 2,098,000 6,438,479 Allowance for decline In value of land held (Note 7) - (1,458,000) - - (1,458,000) (1,418,000) Amount available in Debt Service Funds - - - 379,727 379,727 379,670 ,, Amount to be provided for repayment of debt - - - 7,090,395 7,090,395 9,374,244 I,, Total Assets $ 620,448 $ 9,059,815 $ 31,967 $ 7,470,122 $ 17,182,352 $ 22,589,960 LIABILITIES AND FUND EQUITY 4 Liabilities: 'r Accounts payable $ - $ 15,456 $ - $ - $ 15,456 $ 5,275 .• Due to other funds Note 4 ( ) 714,051 1,582 - - 715,633 529,521 Deposits from others - _ _ - - 50,000 Advances from other funds (Note 4) 4,045 715 - - - 4,045,715 4,045,715 j Tax allocation bonds payable (Note 3) - - - 3,110,000 3,110,000 3,210,000 `A Loans from City (Note 3) - - - 4,360,122 4,360,122 6,543,914 ;:; Total Liabilities 4,759,766 17,038 - 7,470,122 12,246,926 14,384,425 t Fund Equity: Investment In general fixed assets - - 31,967 - 31,967 - SF Fund Balances: Reserved (Note 5) - 4,694,004 - - 4,694,004 5,028,582 r; Unreserved: Designated (Note 5) 379,727 - - - 379,727 379,670 t' Undeslgnated (4,519,045) 4,348,773 - - (170,272) 2,797,283 Ate, -:�i►;''• Total Fund Balances (4,139,318) 9,042,777 31,967 - 4,935,426 8,205,535 • 0 ,a Total Liabilities and Fund Balances $ 620,448 $ 9,059,815 $ 31,967 $ 7,470,122 $ 17,182,352 $ 22,589,960 i•• 1 ru, See Notes to Financial Statements +' ' 5 r, Mil MEM IMO MEI 1 Mai 1iiiIfi Mims Mori ammo mom=mmo rm . r� ....—e — -' ARCADIA REDEVELOPMENT AGENCY Exhibit B COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN - FUND BALANCES-ALL GOVERNMENTAL FUND TYPES For the Fiscal Year Ended June 30, 1999 ` GOVERNMENTAL FUND TYPES Total (Memorandum Only) Debt Capital Year Ended June 30, Service Projects 1999 1998 ' Revenues: Taxes and assessments $ 2,071,730 $ 517,932 $ 2,589,662 $ 2,639,698 Use of money and property 95,973 32,126 128,099 123,948 Other - - - 13,255 Total Revenues 2,167,703 550,058 2,717,761 2,776,901 ) Expenditures: Current: General government 47,029 761,467 808,496 640,265 Public safety - 84,300 84,300 455 Capital outlay - 205,852 205,852 116,972 Debt service 2,806,369 310,262 3,116,631 2,402,276 Total Expenditures 2,853,398 1,361,881 4,215,279 3,159,968 Excess of Revenues over(under) Expenditures (685,695) (811,823) (1,497,518) (383,067) Other Financing Sources (Uses): Proceeds of long-term debt - 310,262 310,262 1,615,794 Gain (loss) on sale of land held - (2,117,221) (2,117,221) Miscellaneous 1,755 646 2,401 Total Other Financing Sources (Uses) 1,755 (1,806,313) (1,804,558) 1,615,794 Excess of Revenues and Other Sources over (under) Expenditures and Other Uses $ (683,940) $ (2,618,136) $ (3,302,076) $ 1,232,727 Fund Balances: Beginning of Year, as previously reported $ (3,455,378) $ 11,660,913 $ 8,205,535 $ 6,988,464 Restatements (Note 5) - - (15,656) Beginning of Year, as restated (3,455,378) 11,660,913 8,205,535 6,972,808 Excess of Revenues and Other Sources over (under) Expenditures and Other Uses (683,940) (2,618,136) (3,302,076) 1,232,727 1 End of Year(Exhibit A) $ (4,139,318) $ 9,042,777 $ 4,903,459 $ 8,205,535 See Notes to Financial Statements 6 i ,r mismismitmagaZ I I it I 1 1"-I',1 g _ ir ARCADIA REDEVELOPMENT AGENCY Exhibit C' COMBINED STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES-ALL GOVERNMENTAL FUND TYPES BUDGET AND ACTUAL For the Fiscal Year Ended June 30, 1999 GOVERNMENTAL FUND TYPES Debt Service Funds Capital Projects Funds TOTAL(Memorandum Only) Variance _ Variance Variance Favorable Favorable Favorable Budget Actual (Unfavorable) Budget Actual (Unfavorable) Budget Actual (Unfavorable) Revenues: Taxos and assessments $ 2,200,000 $ 2,071,730 $ 128 270 $ - ) ( ) $ 517,932 $ 517,932 $ 2,200,000 $ 2,589,662 $ 389,662 Use of money and property - 95,973 95,973 2,260,000 32,126 (2,227,874) 2,260,000 128,099 (2,131,901) Total Revenues 2,200,000 2,167,703 (32,297) 2,260,000 550,058 (1,709,942) 4,460,000 2,717,761 (1,742,239) Expenditures: Current: General government - 47,029 (47,029) 802,230 761,467 40,763 802,230 808,496 (6,266) Public safety - - - 500 84,300 (83,800) 500 84,300 (83,800) Capital outlay - - - 142,383 205,852 (63,469) 142,383 205,852 (63,469) Debt service 652,000 2,806,369 (2 154 369) 2,185,000 310 262 1,874,738 2 837 000 3,116,631 (279,631) Other - - - 326,000 - 326,000 326,000 - 326,000 Total Expenditures 652,000 2,853,398 (2,201,398) 3,456,113 1,361,881 2,094,232 4,108,113 4,215,279 (107,166) Excess of Revenues over (under) Expenditures 1,548,000 (685,695) (2,233,695) (1,196,113) (811,823) 384,290 351,887 (1,497,518) (1,849,405) Other Financing Sources(Uses): Proceeds of long-term debt - - - - 310,262 310,262 - 310,262 310,262 Gain (loss)on sale of land held - - - - (2,117,221) (2,117,221) - (2,117,221) (2,117,221) Miscellaneous 1,755 1,755 - 646 646 - 2,401 2,401 i Total Other Financing Sources(Uses) - 1,755 1,755 - (1,806,313) (1,806,313) - (1,804,558) (1,804,558) Excess of Revenues and Other Sources over(under) Expenditures and Other Uses Uses 1,548,000 (683,940) (2,231,940) (1,196,113) (2,618,136) (1,422,023) 351,887 (3,302,076) (3,653,963) Fund Balances: • Beginning of Year (3,455,378) (3,455,378) - 11,660,913 11,660,913 - 8,205,535 8,205,535 - End of Year(Exhibit A) $(1,907,378) $ (4,139,318) $ (2,231,940) $10,464,800 $ 9,042,777 $(1,422,023) $ 8,557,422 $ 4,903,459 $ (3,653,963) See Notes to Financial Statements 7 gm MEM Ma link at ma RA ARCADIA REDEVELOPMENT AGENCY NOTES TO FINANCIAL STATEMENTS 4 JUNE 30, 1999 I. SIGNIFICANT ACCOUNTING POLICIES Note 1: Organization and Summary of Significant Accounting Policies a. Description of the Reporting Entity The Arcadia Redevelopment Agency is a component unit of a reporting entity which consists of the following primary government and component units: Reporting Entity: Primary Government: City of Arcadia Component Unit: Arcadia Redevelopment Agency ;a Determination of a component unit is determined by such criteria as financial interdependency,selection of governing authority and designation i+f of management, budget control and ability to significantly influence operations. .41<< The general purpose financial statements contain only information relative to the Arcadia Redevelopment Agency as one component unit which is an integral part of the total reporting entity. They do not contain financial data relating to the other reporting units. The Agency was established on December 17, 1968, by the City Council of the City of Arcadia with the adoption of Ordinance No. 1396. The five members of the City Council serve as the governing body of the Agency and exercise all rights, powers, duties and privileges of the Agency. The Mayor serves as Chairperson of the Agency. The Redevelopment Plan for the Central Redevelopment Project was approved by Ordinance '` No. 1490 adopted by the City Council on December 26, 1973. The Project Area consists of approximately 252 acres. The City Council amended the Redevelopment Plan through Ordinance No. 1722 adopted May 19, 1981,adding a commercial planned development land use designation. r . The City Council further amended the Redevelopment Plan through Ordinance No. 1847 adopted November 4, 1986, which set an expiration date for the Redevelopment Plan of June 30, 2026; limited the amount of tax increment that the Agency can receive over the life of the ‘'+'. Redevelopment Plan to$200 million; established a limit on the time period for commencement of eminent domain proceedings to June 30, 1999; ` � and made the Redevelopment Plan Land Use Map consistent with the General Plan in several areas. 8 • � pa_mitaca cmam latileig rem to mita MEI KISZI gaZa IMES Me ,1! gRal Arcadia Redevelopment Agency Notes to Financial Statements (Continued) Note 1: Organization and Summary of Significant Accounting Policies (Continued) b. Description of Funds Fund Accounting Systems Governmental accounting systems are organized and operated on a fund basis. A fund is defined as an independent fiscal and accounting entity with a self-balancing set of accounts recording cash and other financial resources, together with all related liabilities and residual equities or balances,and changes therein,which are segregated for the purpose of carrying on specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations. Type of Funds Governmental Fund Types Debt Service Funds-to account for the accumulation of resources for, and the payment of, interest and principal on general long-term debt. Capital Projects Funds-to account for financial resources segregated for the acquisition of major capital facilities. Account Group • Long-Term Liabilities Long-term liabilities expected to be financed from governmental funds are accounted for in the General Long-Term Debt Account Group, not in the governmental funds. Noncurrent portions of long-term receivables due to governmental funds are reported on their balance sheets, in spite of their spending measurement focus. Special reporting treatments are used to indicate, however,that they should not be considered "available spendable resources", since they do not represent net current assets. Recognition of governmental fund type revenues represented by noncurrent receivables is deferred until they become current receivables. Noncurrent portions of long-term loans receivable, if any, are offset by fund balance reserve accounts. Because of their spending measurement focus, expenditure recognition for governmental fund types does not include amounts represented by noncurrent liabilities. Since they do not affect net current assets, such long-term amounts are not recognized as governmental fund type expenditures or fund liabilities. They are instead reported as liabilities in the General Long-Term Debt , Account Group. 9 ^ F� II 21 ill NI ra m si sii El Is las lis FIN Mt RV MK It Elie Arcadia Redevelopment Agency •4 Notes to Financial Statements (Continued) _ ,1" i Note 1: Organization and Summary of Significant Accounting Policies (Continued) c. Basis of Accounting . Basis of accounting refers to when revenues and expenditures are recognized in the accounts and reported in the financial statements. Specifically, it relates to the timing of the measurements made regardless of the nature of the measurement. I N. All governmental funds are accounted for using the modified accrual basis of accounting. Their revenues are recognized when they become rY. measurable and available as net current assets. Revenues considered susceptible to accrual in those funds wherein revenue is recognized on * a modified accrual basis is as follows: property and sales taxes and revenue from the use of money and property are all considered measurable t and are recognized as revenue on a modified accrual basis; other items are, for the most part, not susceptible to accrual and consequently are �`'; not recorded until received. +a Property tax increment revenue is recognized on the basis of NCGA Interpretation No. 3; (adopted by GASB)that is, in the fiscal year for which ,,, the taxes have been levied providing they become available. Available means then due, or past due and receivable within the current period and collected within the current period or expected to be collected soon enough thereafter(not to exceed 60 days)to be used to pay liabilities of the current period. The County of Los Angeles collects property taxes for the Agency. Tax liens attach annually as of 12:01 A.M. on the first day ';,' in March preceding the fiscal year for which the taxes are levied. The tax levy covers the fiscal period July 1st to June 30th. All secured personal 5. property taxes and one-half of the taxes on real property are due November 1st; the second installment is due February 1st. All taxes are delinquent,if unpaid, on December 10th and April 10th respectively. Unsecured personal property taxes become due on the first of March each year and are delinquent, if unpaid, on August 31st. 1 tt Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred; principal and ';g, interest on general long-term debt is recognized when due. d. Budgetary Data ze'' s General Budget Policies The Board approves each year's budget submitted by the Director prior to the beginning of the new fiscal year. Public hearings are conducted ,, prior to its adoption by the Board. Supplemental appropriations,where required during the period are also approved by the Board. In most cases, expenditures may not exceed appropriations at the department level. At fiscal year-end all operating budget appropriations lapse. '''d Budgets for governmental funds are adopted on a basis consistent with generally accepted accounting principles (GAAP). 1., ri •4 ;!.1 10 "r' MIME 1eItl MN ins _ _ 'MR Ml Ml als Anif i chi AEC Vii` irk.. ilk., Arcadia Redevelopment Agency Notes to Financial Statements (Continued) • Note 1: Organization and Summary of Significant Accounting Policies (Continued) e. Other Accounting Policies Total Columns on Combined Statements "Memorandum Only"captions on combined statements-total columns mean that totals are presented for overview informational purposes only and that they do not fairly present financial position or results of operations for the governmental unit as a whole in conformity with generally accepted accounting principles. Interfund eliminations have not been made in the aggregation of these totals. Investments in Land Held for Resale The Agency's investment in land held for resale is stated at cost. If a disposition and development agreement has been entered into specifying a lower value for the land then the difference between cost and this value has been reflected as an allowance for decline in value of land held. Thus, the net realizable value of land held enters total assets. II. DETAIL NOTES ON FUNDS AND ACCOUNT GROUPS Note 2: Cash and Investments The Agency adopted GASB Statement No. 31, Accounting and Financial Reporting for Certain Investments and for External Investment Pools, as of July 1, 1997. GASB Statement No. 31 establishes fair value standards for investments in participating interest earning investment contracts, external investment pools, equity securities, option contracts, stock warrants and stock rights that have readily determinable fair values. Accordingly, the Agency reports its investments at fair value in the balance sheet. All investment income, including changes in the fair value of investments, is recognized as revenue in the operating statement. Cash and investments at June 30, 1999 consisted of the following: Pooled Cash $ 3,630,529 Cash and Investment with Fiscal Agent 378,145 Total Cash and Investments $ 4,008,674 The Agency follows the practice of pooling cash and investments with the City of Arcadia of all funds except for funds required to be held by outside fiscal agents under the provisions of bond indentures. Interest income earned on pooled cash and investments Is allocated monthly by the City of Arcadia to the various funds based on the month-end cash balances. Interest income from cash and investment with fiscal agent is credited directly to the related fund. .1 11 _ �`. Lim aril ragi IeQi� , w Y-+ "s" r ; Arcadia Redevelopment Agency Notes to Financial Statements (Continued) Note 2: Cash and Investments (Continued) • • Authorized Investments Under provision of the Agency's Investment Policy, and in accordance with Section 53601 of the California Government Code, the Agency may invest in the following types of investments: Securities of the U.S. Government, or its agencies Small Business Administration Loans Certificates of Deposit Bankers Acceptances Commercial Paper Local Agency Investment Fund (State Pool) Deposits Passbook Savings Account Demand Deposits Repurchase Agreements Pooled Cash with City of Arcadia Investment in the City of Arcadia pool cannot be assigned a credit risk category because the Agency does not own specific securities. However, the City's investment policies and practices with regard to the credit and market risks have been determined acceptable to the Agency's investment policies. Credit Risk, Carrying Amount and Market Value of Investments Investments of the Agency are summarized below. The investments that are represented by specific identifiable investment securities are classified as to credit risk by three categories as follows:.Category 1 includes investments that are insured or registered or for which securities are held by the Agency or its agent in the Agency's name; Category 2 Includes uninsured and unregistered investments for which the securities are held by the broker's or dealer's trust department or agent In the Agency's name; Category 3 includes uninsured and unregistered investments for which the securities are held by the broker or dealer, or by its trust department or agent but not in the Agency's name. Category Carrying 1 2 3 Amount Fair Value Cash and investment with fiscal agent: Investment agreement- Citibank 4t $ _ $_ $ 378,145 $ 378,145 $ 378,145 Total $ _ $- $ 378,145 $ 378,145 $ 378,145 Unclassified: . City of Arcadia Investment Pool 3,630,529 3,630,529 Total $ 4,008,674 $ 4,008,674 12 83 - `_ _ 1 Arcadia Redevelopment Agency :':. Notes to Financial Statements (Continued) ; Note 2: Cash and Investments (Continued) r,; i,i • Cash and Investments with Fiscal Agent ., . The Agency has monies held by trustees or fiscal agents pledged to the payment or security of certain bonds, certificates of participation, and �{0 lease obligations. The California Government Code provides these monies,in the absence of specific statutory provisions governing ns of investments of bonds,certificates, or leases, may be invested in accordance with the ordinance, resolutions or indentures specifying the typ ' ; its trustees or fiscal agents may make. These ordinances, resolutions, and indentures are generally more restrictive than the Agency's general investment policy. In no instance have additional types of investments, not permitted by the Agency's general investment policy, been authorized. „4 Note 3: Long-Term Debt ,, a. A description of notes and loans payable outstanding as of June 30 follows: :l 3_, Arcadia Redevelopment Agency Tax Allocation Refunding Bonds, Series 1989 f On June 21, 1989 the Agency issued$3,780,000 in 1989 Tax Allocation Refunding Bonds with an average interest rate of 6.72%to advance refund $3,400,000 of outstanding 1986 Tax Allocation Notes with an average interest rate of 5.70%. The net proceeds of$3,251,319 (after payment of$75,081 in issuance costs; $75,600 bond discount and $378,000 reserve fund)were deposited into an irrevocable trust with an L LS escrow agent to provide for all future payments on the 1986 Tax Allocation Notes which matured on August 1, 1989. As a result,the 1986 = Tax Allocation Notes are considered defeased and the liability for these notes has been removed from the General Long-Term Debt Account f Group. The escrow agent has purchased securities backed by U.S. Government obligations as collateral. }' All tax increment money to be received by the Agency has been pledged to the payment of principal and interest on the bonds. As such, `� all tax increment money received subsequent to the date of issue has been deposited with the fiscal agent for retirement of principal and interest due. Interest on the bonds is payable beginning September 1, 1989, and then semi-annually each March 1 and September 1 ?4 thereafter. Principal maturities begin on September 1, 1990, and continue on September 1 each year through September 1, 2005; term bonds mature on September 1,2014. • Loans from City and Others The City of Arcadia has loaned the Agency a total of $2,202,551. The loans will be paid from tax increment funds when they become 41 available. As of June 30, $2,157,571 of unpaid but accrued interest has been recorded on the books of the Agency. 4 V ',3 ,A' ti 13 .. R,a... ._....,—:nrv-----.,,,•-•,,.VIT.7v,im�7lhiar .. %.i:\?... •-fy-!,MTri7N+1C.�c..r.f.i4, ''� ES Iii! AIM lid lard NEM ME i_ AMA MR gas ANS MS Mid Milli d ii i fwd MIN r Arcadia Redevelopment Agency - ., Notes to Financial Statements (Continued) - i; Note 3: Long-Term Debt (Continued) j7 • i b. The following is a schedule of changes in long-term debt of the Agency for the fiscal year ended June 30: . t Outstanding Outstanding ` July 1, 1998 Additions Deductions June 30, 1999 1 i Central Redevelopment Project v. Tax Allocation Bonds, Issue of 1989 $ 3,210,000 $ - $ 100,000 $ 3,110,000 Loans from the City of Arcadia Operating loans 4,386,343 - 2,183,792 2,202,551 i, Matured interest added to principal 2,157,571 310.262 310,262 2,157,571 c, Total $ 9,753,914 $ 310,262 $2,594,054 $ 7,470,122 f" sa c. The following schedule illustrates the debt service requirements to maturity for the tax allocation notes outstanding as of June 30. Loans from the City of Arcadia will be paid as tax increment funds become available. \k }y Bond 1.; Fiscal Year Requirement 1999-2000 $ 310,524 e, 2000-2001 313,238 -a 2001-2002 310,453 2002-2003 312,171 ; 2003-2004 313,228 Later Years 3,551,487 7' a Total $ 5,111,101 Total Interest $ 2,001,101 S�' , R' ni . t1 n. n 14 ,:i man mem =so diain BEM MON1 %s'wr'; Inn affit 1 Arcadia Redevelopment Agency Notes to Financial Statements (Continued) Note 4: Interfund Receivables and Payables The individual fund interfund receivable and payable balances at June 30 are as follows: Fund Due From Other Funds Due To Other Funds Tax Increment $ - $ 714,051 Special 1,582 - Redevelopment 196,119 1,582 Low and Moderate Housing 517,932 - Total $ 715,633 $ 715,633 Fund Advance To Other Funds Advance From Other Funds Tax Increment $ - $ 4,045,715 Low and Moderate Housing 4,045,715 - Total $ 4,045,715 $ 4,045,715 Note 5: Fund Equity a. Reservation of Fund Balance The Agency has established certain fund balance reserve accounts to report the amounts In the Capital Projects Funds which represent available spendable resources restricted for a specified purpose: Redevelopment Low and Moderate Fund Housing Fund a Redevelopment Fund: Reserved for encumbrances $ 8,289 $ - Reserved for net value of investment in land held for resale 640,000 - Low and Moderate Housing Fund: Reserved for advances to other funds - 4,045,715 Total $ 648,289 $ 4,045,715 15 - , t`. mg Am 1131 11111 ifILE IN ME la WA AR lilt "kilt Arcadia Redevelopment Agency Notes to Financial Statements (Continued) Note 5: Fund Equity (Continued) - b. Unreserved -Designations The following fund balances have been designated for specific purposes. Special Fund - Designated for Debt Service $ 379,727 III. OTHER DISCLOSURES Note 6: Low and Moderate Housing Set-Aside For fiscal year 1986-87 through 1995-96, the Agency has adopted a resolution declaring that the Agency is unable to set-aside 20% or less of • its tax increment for low and moderate income housing due to existing Agency obligations. These findings have been made in accordance with the Health and Safety Code and copies have been sent to the State Department of Housing and Community Development. Once the existing obligations have been satisfied, amounts will have to be set-aside from available tax increment revenues. The cumulative deficit created in the low and moderate housing fund through June 30, 1999 amounts to$4,045,715, which has been reflected as an advance between the debt service and low and moderate housing funds. Note 7: Allowance for Decline in Value • A Disposition and Development Agreement between the Arcadia Redevelopment Agency and the Arcadia Steakhouse, L.P., was approved on • June 20, 1995. This permitted the construction and operation of a 6,392 square foot Outback Steakhouse. Construction began in July, 1995 and the restaurant was opened in November, 1995. During the initial five (5) year period after the restaurant opens for business, Outback will lease the site from the Agency for$45,000 annually. $40,000 of this annual amount will be applied as credit to the final sale price ($600,000) to be paid at the start of year six. The balance owed the Agency at that time will be approximately $400,000. The cost of the above site was carried on the Agency's book as land held for resale. Due to the execution of the Disposition and Development Agreement, the cost was written down to the final sale price of$600,000. The amount written down amounts to $1,298,000 and is reported as a loss on sale of land held and offset the land held for resale on the balance sheet on an allowance account. Annually, $40,000 of lease payment will also be applied to this allowance account. •y 16 ' e ` J ' • • / [ \ , . . ` \ / , . \ �\ . � • ; 14' REQUIRED SUPPLEMENTARY / INFORMATION t: • • • . � // * K . � 0 I \ • .\ 17 z § ARCADIA REDEVELOPMENT AGENCY •. REQUIRED SUPPLEMENTARY INFORMATION (Unaudited) EVALUATION OF THE YEAR 2000 ISSUE The City of Arcadia, of which the Arcadia Redevelopment Agency is a component unit, is in the process of evaluating its computer programming code, computer equipment and other electronic systems and equipment(including equipment containing embedded chips) to ascertain which of these might be impacted by a failure to properly recognize and process transactions dated on or after the year 2000. In addition, certain dates in calendar year 1999 may because some programs and embedded chips were coded to read a date of"99"or"999"to mean something other than a date(e.g. "end of file"etc.) which might also prevent the proper processing of data. As of June 30, 1999, there is no unexpended portion of contracts entered into by the City to address year 2000 issues for computer systems and other electronic equipment, as the City has fairly recently installed new accounting software. Additional amounts may be expended for the City's year 2000 assessment, implementation and testing activities, as well as amounts that may need to be expended after January 1, 2000 to correct problems not previously detected and corrected. Because of the unprecedented nature of the year 2000 issue, it is not possible to provide assurances that the City has or will achieve complete year 2000 compliance, even after completing all planned year 2000 corrective actions and related testing. Nor can the City determine the effect, if any, on City operations should entities external to the City(other governments,significant vendors, suppliers,service providers, customers, taxpayers, businesses, etc.) fail to address year 2000 issues in a timely manner. The scope of an audit does not include an evaluation of the adequacy of management's plans with respect to this issue. Equipment and systems considered by management to be critical to conducting operations are discussed in the following paragraph: The City is in the remediation stage of updating its systems to address year 2000 issues. The City's major critical system is the Finance Department's system. Most of the Finance Department's new hardware has been installed, including the network server. The majority of the software was installed in recent years and is thought to address the year 2000 issue. The completion of these stages is not a guarantee that systems and equipment will be year 2000 compliant. J t' �k. 18 iY fr ro.;y. 4111- 3111 111- ME Air ill iff • 1� • ti • .Y ;:5C1 r...t SUPPLEMENTARY • SCHEDULES tax • t»• •• ; ,•\.$4'4 4.. e K • 4 yam* • w • n n�• 19 ;� ARCADIA REDEVELOPMENT AGENCY' Schedule 1 ` COMBINING PROJECT AREA BALANCE SHEET - ALL DEBT SERVICE AND CAPITAL PROJECTS FUNDS June 30, 1999 Central Redevelopment Project Debt Service Capital Projects TOTALS Tax Low and Debt Capital Tax Revenue Moderate Service Projects ASSETS Increment Bonds Project Housing Funds Funds Cash and Investments $ - $ - $ 2,573,667 $ 1,056,852 Cash and investments with trustee 378,145 $ $ 3,630,529- Receivables: - - 378,145 Tax Increment 30 214, 1 Accounts - 214,301 - Interest - 22,500 - - 22,500 Due from Capital Projects Funds 26,420 - 2,371 4,649 26,420 7,020 -Due from Debt Service Funds 1'582 - - 1,582 Due from Low and Moderate - 196,119 196 119 Housing Funds Advances to Tax Increment Fund - - - 517 932 - 5 Land held for resale - - 4,045,715 - 4,045,715 Land held for decline in value - - 2,098,000 - - 2,098,000 - - (1,458,000) - - (1,458,000) Total Assets $ 240,721 $ 379,727 $ 3,434,657 $ 5,625,158 $ 620,448 $ 9,059,815 LIABILITIES AND FUND BALANCES Llabllltles: Accounts payable $ - $ $ 15,456 $ $ - $ 15,456-Due to Capital Projects Funds 196,119 - - 196,119 Due to Debt Service Funds - 1 582 Due to Low and Moderate 1,582 Housing Funds 517,932 - - 517,932 ' Advances from Low and Moderate Housing Funds 4,045,715 - - - 4,045,715 - Total Liabilities 4,759,766 - 17,038 - 4,759,766 17,038 _ Fund Balances: Reserved: a Encumbrances - 8,289 8,289 Land held for resale - 640,000 640,000 Y Advances to other funds - 4,045,715 4,045,715 Unreserved: _ - Designated: Debt service `\ 379,727 .. - Undesignated (4,519,045 - 379,727 ; 2,769,330 1,579,443 (4,519,045) 4,348,773 Total Fund Balances (4,519,045) 379,727 3,417,619 5,625,158 (4,139,318) 9,042,777 .it Total Liabilities and Fund Balance 0. $ 240,721 $ 379,727 $ 3,434,657 $ 5,625,158 $ 620,448 $ 9,059,815 i' 20 I- •4x' .-.t 'Oar: n ,1- • { ice�---. _ C <, --el q _ • ARCADIA REDEVELOPMENT AGENCY Schedule 2 • COMBINING PROJECT AREA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES ALL DEBT SERVICE AND CAPITAL PROJECTS FUNDS ft For the fiscal year ended June 30, 1999 Central Redevelopment Project Debt Service Capital Projects TOTALS ,tic Tax Low and Debt Capital Tax Revenue Moderate Service Projects :1141 Revenues: Increment Bonds Project Housing Funds Funds Taxes and Assessments: z Tax Increment -r,, Use of Money and Property: $ 2,071,730 $ - $ - $ 517,932 $ 2,071,730 $ 517,932 Interest Income �j 70,009 �' Rental income 25,964 - 27,124 95,973 27,12416 - - 5,002 5,002 yx b.tit Total Revenues 2,141,739 25,964 5,002 545,056 2,167,703 550,058 , Expenditures: ' �j Current: 4. c'. General Government: Administrative costs Professional services 47,029 - 705,565 - 47,029 705,565 "' Public Safety: - 55,902 - - 55,902 ....,,?..4;2 .r:, Real estate acquisitions - - - 4,275 - 4 277 Operation of acquired property - . 17 �,` Site clearance costs - - 7 q Disposal costs - 280 - 280 Capital Outlay: - 79,728 - 79,728 Project Improvement costs � r-Acquisition of fixed assets - 184,560 - - 184,560 ? Debt Service: - 21,292 - 21,292 x Interest expense - Long-term debt repayments 212,315 310,262 - 212,315 310,262 :.i 2,494,054 100,000 - - 2,594,054 .11 Total Expenditures ?>i 2,541,083 312,315 1,357,606 4,275 2,853,398 1,361,881 . 4A;Excess of Revenues over l (under) Expenditures (399,344) (286,351) (1,352,604) 540,781 685 695 ( ) (811,823) - yi 3 6r 21 • ARCADIA REDEVELOPMENT AGENCY Schedule 2 COMBINING PROJECT AREA STATEMENT OF REVENUES, (Continued) EXPENDITURES AND CHANGES IN FUND BALANCES ALL DEBT SERVICE AND CAPITAL PROJECTS FUNDS For the fiscal year ended June 30, 1999 Central Redevelopment Project Debt Service y Capital Projects Tax TOTALS �; Tax Low and Debt Revenue Capital Other Financing Sources (Uses) Increment Moderate Service Projects Bonds Project Housing Funds Operating transfers in Funds Operating transfers out $ - $ 286,341 $ Proceeds of long-term debt (286,341) - $ - $ 286,341 $ Gain (Loss) on sale of land held (286,341) ° Miscellaneous - - 310,262 - f 1,755 (2,117,221) _ - 310,262- - 646 (2,117,221) 4 Total Other Financing Sources 1,755 646 (Uses) % (284,586) 286,341 _ (1,806 959) 646 -V Excess of Revenues and 1,755 (1,806,313) Other Sources over(under) Expenditures and Other Uses ' (683,930) 4' (10) (3,159,563) 541 427 Fund Balances (683,940) (2,618 136) s Beginning of Year (3,835,115) 379,737 6,577,182 __.I',' y End of Year(Schedule 1) 5,083,731 (3,455,378 � � $ (4,519,045) $ 379,727 ) 11,660,913 t�i $ $ 5,625,158 $ (4,139,3m i'1 (__) $ 9,042,777 v Mb• t 4i�i V • 22 „+► ,,, ma tt. ,tea. :/312M :r= lIEEM,..:....Z® .®.., .,. -.., .. ®.. . EIMI ® ice] IMEN EMI ® ttiil mu ARCADIA REDEVELOPMENT AGENCY Schedule 3 1 COMBINING PROJECT AREA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES J. BUDGET AND ACTUAL f ALL DEBT SERVICE AND CAPITAL PROJECTS FUNDS ''l For the Fiscal Year Ended June 30, 1999 F; R , Central Redevelopment Project t, Debt Service Funds Capital Projects Funds fit: Tax Increment Tax Revenue Bonds Project 1'f Variance Variance Variance 4'� Favorable Favorable Favorable Budget Actual (Unfavorable) Budget Actual (Unfavorable) Budget Actual (Unfavorable) venues: j aces and Assessments: ;S 'ax increment $ 2,200,000 $ 2,071,730 $ (128,270) $ - $ - $ - $ - $ - $ - ;e of Money and Property: iterest Income - 70,009 70,009 - 25,964 25,964 60,000 - (60,000) V, lental income - - - - - - 45,000 5,002 (39,998) �` ,ale of real estate - - - - - - 2,155,000 - (2,155,000) _SI Total Revenues 2,200,000 2,141,739 (58,261) - 25,964 25,964 2,260,000 5,002 (2,254,998) ` )endltures: rent: F„ eneral Government: `Y Administrative costs - 47,029 (47,029) - - - 709,900 705,565 4,335 Professional services - - - - - - 92,330 55,902 36,428 Jblic Safety: ,0 Real estate acquisitions - - - - - - - - - 'i Operation of acquired u property - - - - - - 500 17 483 Site clearance costs - - - - - - - - V 280 (280) V- Disposal costs - - - _ - - - 79,728 (79,728) , ital Outlay: •y eject improvement costs - - - - - - 120,000 184,560 (64,560) quisition of fixed assets - - - - - - 22,383 21,292 1,091 k It Service: Brest expense 340,000 - 340,000 312,000 212,315 99,685 - 310,262 (310,262) ti ng-term debt repayments - 2,494,054 (2,494,054) - 100,000 (100,000) 2,185,000 - 2,185,000 bc ar: ier expenditures - - - - - - 326,000 - 326,000 . total Expenditures 340,000 2,541,083 (2,201,083) 312,000 312,315 (315) 3,456,113 1,357,606 2,098,507 \\,,6� Excess of Revenues over (under) Expenditures $ 1,860,000 $ (399,344) $ (2,259,344) $ (312,000) $ (286,351) $ 25,649 $ (1,196,113) $ (1,352,604) $ (156,491) r t,,, ` r: 23 rV, 'a• 1 g( . ir. -7 i4Or 1 :AT 1 -!_'T- .,.174j, .i.,,,;'ry--.1::'.l' .4,t .•,.k•F '�'+'•i s .. a'j., i-- 1 ~ '",4 ''. YM N1I ..J .-, 4 7, +F ",F"{v "X.. `-:,14 ..i',�a �, ARCADIA REDEVELOPMENT r: ';: EVELOPMENT AGENCY �; Schedule 3 .`�',. COMBINING PROJECT AREA STATEMENT OF REVENUES, (Continued) "i ` 61,3,,-;,; EXPENDITURES AND CHANGES IN FUND BALANCES �frd'. BUDGET AND ACTUAL 1,'i?' ALL DEBT SERVICE AND CAPITAL PROJECTS FUNDS � %5 For the Fiscal Year Ended June 30, 1999 S��j" 1. Central Redevelopment Project Debt Service Funds 4: � , 1 Tax Increment Capital Projects Funds ;; Tax Revenue Bonds Project gi'' Variance Variance I' �. Favorable Variance %.-.":.ii ., Budget Actual _ (Unfavorable) Budget Favorable Favorable , Financing Sources (Uses) 9 Actual (Unfavorable) Budget !4 , ) 9 Actual (Unfavorable) ,.1��.: •ating transfers in $ - $ .f,,"`•�, Wing transfers out $ $ $ 286,341 $ 286,341 $ "� ' (286,341) (286,341) $ $ .'th ' reds of long-term debt ,..G�z (Loss) to on sale of land - - - - :''�i� 310,262 310,262 ,,9'ti� t 3llaneous (2,117,221) (2,117,221) >>" 1,755 1,755 s;�.1„� i al Other Financing �,, w Sri. Durces (Uses) (284 586 � • ) (284,586) - 286,341 286,341 n k (1,806,959) (1 806 959) �' �s. :ass of Revenues and - ,"�•�'• her Sources over(under) ;,�: ,, penditures and Other ; '� . .es 1,860,000 683 930 j�"r N ((683,930) (2,543,930) `: ,:?1 �r•; alances ) (312,000) (10) 311,990 (1,196,113) (3,159,563) :''C'�� ..: ling of Year ) (1,963,450) •� � ;: (3,835,115) (3,835,115) - 379,737 379,737 ki Year(Schedule 1) $ (1,975,115) - 6,577,182 6,577,182 - ��,y ,r, x $ (4,519,045) $ (2,543,930) $ 67,737 f . $ 379,727 $ 311 990 $ 5,381,069 $ 3,417,619 $ (1,963,450) :q,.71 1 a't�' t'• r",J, Ate , .,J .x�'�1'3'i' J }.fie/0 ;. c•-•:w -. . y.- )'.,f A., es. ;r at ik' en! r .*1 .b. 10,:i; �r --„ 3 r - `. � 7 ::a� in,4 * h`'��, j ARCADIA REDEVELOPMENT AGENCY Schedule 3 �: ..+. (Continued) '•= f^` COMBINING PROJECTAREA STATEMENT OF REVENUES, '`. EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL eV tr ALL DEBT SERVICE AND CAPITAL PROJECTS FUNDS 3i 'rP For the Fiscal Year Ended June 30, 1999 ;� ; F, Central Redevelopment Project (Continued) <`Y Capital Projects Funds TOTALS . `-' Low and Moderate Housing Debt Service Funds Capital Projects 1-unds °� - Variance Variance Variance •ii,j Favorable Favorable Favorable r Budget Actual (Unfavorable) Budget Actual (Unfavorable) Budget Actual (Unfavorable) F 1, 1 ••• .'k es: . <1 in Assessments: G"-s clement $ - $ 517,932 $ 517,932 $ 2,200 000 $ 2,071,730 $ * �'• Money and Property: (128,270) $ $ 517,932 $ 517,932 ;t Income 27,124 27,124 - 95,973 95,973 60,000 27,124 (32,876) x, flnco estate - - - - - 45,000 5,002 (39,998) ,.^`'agcy° - - 2,155,000 - _ (2,155,000) `I'r ��" Revenues - 545,056 545,056 2,200,000 2 167 703 (32,297) 2,260,000 550,058 (1,709,942) a '°'�# r r +��\+'�.`:-'� T41N'.,.,,'i lures: n„,4,', LI Government: !e+ ' nlstrative costs 47,029 (47,029) 709,900 705,565 • 4,335 ry -,` sslonal services - y-'. 3afety: _ - - 92,330 55,902 36,428 .^.4 tyr13 3state acquisitions - ) 7',. J q 4,275 (4,275) - - - - 4,275 (4,275 �tion of acquired : Perty - - - - - 500 17 483 ak learance costs - - - _ - - - 280 (280) t S. sal costs utlay: - - - 79,728 (79,728) = c'. mprovement costs - - - - 120,000 184,560 (64,560) ti � a^. on of fixed assets _ ,� , 'ice: - - - - 22,383 21,292 1,091 "'r;n 3xpense - - - 652,000 212,315 439,685 - 310,262 (310,262) �� '• m debt repayments - - - 2,594,054 (2,594,054) 2,185,000 2,185,000 penditures _ - - - - 326,000 326,000 " + P - 4,275 (4,275) 652,000 2,853,398 r. N Expenditures ( ) (2,201,398) 3,456,113 1,361,881 2,094,232 ,' s of Revenues over n., .‘, ...--k•3r Expenditures $ - loll)$ 540,781 $ 540,781 $ 1,548,000 $ (685,695) $ (2,233,695) $ (1,196,113) $ (811,823) $ 384,290 •n. , 25 Vt � f !H d { , fv � Y ' T ' . Z '7 ,� • 1 ' : '.i .,a,Y 4' tt' . r . �' .#. , 'K4..? rt .� f r !, t f ",/,p11 0• ARCADIA REDEVELOPMENT AGENCY Schedule 3 Sc f -. : , (Continued) - `o 0 COMBINING PROJECT AREA STATEMENT OF REVENUES, I« EXPENDITURES AND CHANGES IN FUND BALANCES ''?;Y BUDGET AND ACTUAL ALL DEBT SERVICE AND CAPITAL PROJECTS FUNDS •• For the Fiscal Year Ended June 30, 1999 .N jet„. Central Redevelopment Project (Continued) , Capital Projects Funds TOTALS Low and Moderate Housing Debt Service Funds Capital Projects Funds Variance Variance Variance ° Favorable Favorable Favorable Budget Actual (Unfavorable) Budget Actual (Unfavorable) Budget Actual (Unfavorable) ” ; ler Financing Sources (Uses) (` :c perating transfers In $ - $ - $ - $ - $ 286,341 $ 286,341 $ - $ - $ - �,�.' Aerating transfers out - - - - (286,341) (286,341) - - - ?.'`.s( oceeds of long-term debt - - - - - - - 310,262 310,262 �: aln (Loss) on sale of land - - - - - - - (2,117,221) (2,117,221) inn j Iscellaneous - 646 646 - 1,755 1,755 - 646 646 ``C Total Other Financing Sources (Uses) - 646 646 - 1,755 1,755 - (1,806,313) (1,806,313) f Excess of Revenues and t', Other Sources over(under) .•.`ti Expenditures and Other �` ' Uses - 541,427 541,427 1,548,000 (683,940) (2,231,940) (1,196,113) (2,618,136) (1,422,023) ;j id Balances <qA (ginning of Year 5,083,731 5,083,731 - (3,455,378) (3,455,378) - 11,660,913 11,660,913 - •� id of Year(Schedule 1) $ 5,083,731 $ 5,625,158 $ 541,427 $ (1,907,378) $ (4,139,318) $ (2,231,940) $ 10,464,800 $ 9,042,777 $ (1,422,023) " i; r � ( y�/ �rti,.1•i A�L'fYr�i U 26 a,v• 1c li 1 c) L iv _ er s-- T f (0 /t d-g 7%e;2 V'e-/h Vr 115 = Arl. ;i:', P* Memorandum iiiiiii.iiii arcadia redevelopment agency DATE: December 7, 1999 TO: City Council Arcadia Redevelopment Agency FROM: QDon Penman, Deputy Executive Director li By: Pete Kinnahan, Economic Development Administrator RE: Report and Recommendation to adopt: 1) City Council Resolution No. 6144; a Resolution of the City Council of the City of Arcadia Adopting Revised Rules and Regulations for the Implementation of the California Relocation Assistance Law and Real Property Acquisition Guidelines, and; 2) Resolution No. ARA 182; a Resolution of the Arcadia Redevelopment Agency Adopting Revised Rules and Regulations for the Implementation of the California Relocation Assistance Law and Real Property Acquisition Guidelines Summary The State has passed legislation and the State Department of Housing and Community Development (HCD) has adopted new regulations implementing changes to State regulations on relocation. The revised City of Arcadia and Arcadia Redevelopment Agency Rules and Regulations attached to Resolutions No. 6144 and No. 182 were prepared with the assistance of Pacific Relocation Consultants and have been reviewed and approved by the City Attorney and Agency Special Counsel, Best Best and Krieger. Staff recommends adoption of City Council Resolution No. 6144 and Agency Resolution No. 182. Background The Agency's existing regulations were adopted in 1977 with amendments adopted in 1986, 1989, and 1991. The City's were adopted in 1977. State law on relocation was amended in 1990. However, the State Department of Housing and Community Development (HCD) did not adopt regulations implement- ing these changes until 1997. Further revisions were made in 1998 and recently in 1999. The amended Rules and Regulations attached to City Council Resolution No. 6144 and Agency Resolution No. 182 have been prepared by Pacific Relocation Consultants (PRC) and reviewed by Agency Special Counsel Kevin Randolph of Best Best and Krieger. LASER IMAGED c�/4-ie Az 6 -a_ v %o A. , Arcadia Redevelopn._.,; Agency December 7, 1999 Page 2 The major amendments to the law and Guidelines are: - Increasing the rental housing payment from $4,000 for a 48-month period to $5,250 for a 42-month period. - Increasing the owner housing payment from $15,000 to $22,500. - Adding a Business Reestablishment payment for small business and non- profits, up to a maximum of$10,000. - Providing more specific regulations governing Acquisition, preparations of Relocation Plans, and Goodwill. In the 1991 Amendment, the Arcadia Redevelopment Agency adopted a special "Business Supplemental Payment" policy whereby eligible displaced businesses could receive up to $10,000 above the previously mentioned statutory Business Reestablishment payment. Under the State Guidelines, businesses often are not fully compensated for all of their relocation costs due to the $10,000 ceiling. Arcadia's policy (Section 707) would continue to permit such payments up to an additional $10,000. The maximum payment under these rules would then be $20,000. This policy was suggested by the Agency's previous relocation consultant, Port and Flor, and is recommended also by Pacific Relocation Consultants (PRC) and staff. Relocation can be a difficult process for any displacee, but it can be made more onerous if the businessperson will be required to make significant out-of-pocket expenses for which he or she may not be reimbursed. This often makes the relocation process slower, and more adversarial. It encourages the displaced owner to file a subsequent claim with the City or the Agency for additional compensation for loss of goodwill. In the event of such a claim a city or redevelopment agency incurs additional appraisal and legal costs and may have to pay significant amounts if, in fact, there is economic loss to the business due to loss of goodwill. Approval of the continuing use of the Business Supplemental Policy by both the City and the Agency is therefore recommended. A representative from PRC will be at the meeting to respond to questions. Environmental Impact Adoption of Relocation Regulations is exempt from CEQA. Fiscal Impact There is no imminent impact. There would be possible additional relocation costs for Business Supplemental payments if this policy is approved by the City and the Redevelopment Agency. Other fiscal impacts are mandated by State law and could only be quantified on a case-by-case basis if future City or Agency projects cause relocation. Arcadia Redevelopma__ .Agency December 7, 1999 Page Recommendation It is recommended that the City Council adopt City Council Resolution No. 6144; a Resolution of the City Council of the City of Arcadia Adopting Revised Rules and Regulations for the Implementation of the California Relocation Assistance Law and Real Property Acquisition Guidelines. It is recommended that the Arcadia Redevelopment Agency adopt Resolution No. ARA 182; a Resolution of the Arcadia Redevelopment Agency Adopting Revised Rules and Regulations for the Implementation of the California Relocation Assistance Law and Real Property Acquisition Guidelines. MIC111 Approved: William R. Kelly, City Manager/Executive Director bmb Attachments: City Council Resolution No. 6144 Arcadia Redevelopment Agency Resolution No. 182 Y 1 ;J City of Arcadia and . Arcadia Redevelopment Agency RULES AND REGULATIONS FOR IMPLEMENTATION OF THE CALIFORNIA RELOCATION ASSISTANCE LAW AND REAL PROPERTY ACQUISITION GUIDELINES DATE ADOPTED: December 7, 1999 4:11„4 Prepared by Pacific Relocation Consultants, November 1999 i 4 r RULES AND REGULATIONS FOR IMPLEMENTATION OF THE CALIFORNIA RELOCATION ASSISTANCE LAW AND REAL PROPERTY ACQUISITION GUIDELINES TABLE OF CONTENTS I. [5 100] GENERAL 1 A. [5 101] Purpose 1 B. [5 102] Authority 1 C. [5 103] Effective.Date; Applicability 1 D. [§ 104] Extent of Relocation Payments 2 E. [5 105] Exemptions from Relocation Assistance Payments 2 F. [5 106] Priority of Federal Law and Federal Projects 2 G. [5 107] Severability 2 II. [5 200] DEFINITIONS 3 A. [5 201] Acquisition/Acquires 3 B. [5 202] Adequate Replacement Dwelling 3 C. [5 203] Agency 3 D. [5 204] Appeals Board 3 E. [5 205] Appraisal 3 F. [5 206] Average Annual Net Earnings 4 G. [5 207] Average Monthly Income 4 H. [A 208] Base Monthly Rental Housing Costs 4 I. [5 209] Business 4 J. [A 210] City 5 K. [5 211] Comparable Replacement Dwelling 5 L. [5 212] Condominium 6 M. [5 213] Date of Acquisition 6 N. [5 214] Decent, Safe and Sanitary Housing 7 0. [5 215] Department 8 P. [§ 216] Director 8 , Q. [5 217] Displaced Business 8 R. [5 218] Displaced Farm Operation 8 S. [§ 219] Displaced Person 8 T. [5 220] Displaced Resident 11 U. [5 221] Displacing Agency 11 V. [5 222] Dwelling 11 W. [§ 223] Economic Rent 11 X. [5 224] Elderly Household 12 Y. [5 225] Family 12 Z. [5 226] Farm Operation 12 AA. [5 227] Federal Project 12 BB. [5 228] Gross Income 12 CC. [§ 229] Handicapped Household 13 DD. [5 230] Initiation of Negotiations 13 EE. [§ 231] Last Resort Housing 13 FF. [§ 232] Manufactured Home or Mobile Home 13 GG. [§ 233] Mortgage 13 HH. [§ 234] Nonprofit Organization 13 II. [§ 235] Ownership 13 JJ. [§ 236] Person 14 KK. [§ 237] Personal Property 14 LL. [§ 238] Post-Acquisition Tenant 14 MM. [§ 239] Prepaid Expenses 15 NN. [§ 240] Public Use 15 00. [§ 241] Small Business 15 PP. [§ 242] Tenant 15 QQ. [§ 243] Unlawful Occupancy 15 III. [§ 300] RELOCATION ADVISORY ASSISTANCE 16 A. [§ 301] Advisory Assistance to be Provided by the Displacing Agency 16 B. [§ 302] Information Program 18 1. [§ 303] General Information 18 2. [§ 304] Personal Contact 18 3. [§ 305] Information Statement for Relocation Assistance . . 18 4. [§ 306] Notice of Eligibility Status 20 5. [§ 307] Language of Information Material 20 6. [§ 308] Method of Delivery of Informational Material 20 C. [§ 309] Determination of Relocation Needs 21 1. [§ 310] Interviews 21 a. [§ 311] Information to be Obtained from Residential Owner Occupants or Tenants 21 b. [§ 312] Coordination with Other Agencies 22 c. [§ 313] Interview after Person Moves Without Notice . . 22 2. [§ 314] Relocation Records 22 3. [§ 315] Updating Information 22 D. [§ 316] Relocation Site Office 22 E. [§ 317] Contracting for Relocation Services 23 F. [§ 318] Coordination of Relocation Assistance 23 G. [5 319] Relocation Plans 23 1. [§ 320] Requirement Generally 23 2. [§ 321] Contents of Plan 23 3 . [§ 322] Review of Relocation Plan 24 4. [§ 323] Conformance to General Plan 25 5. [§ 324] Update of Relocation Plans 25 H. [§ 325] Move to Substandard Dwelling Unit 25 I. [§ 326] Waiver of Requirement for Replacement Dwelling Prior to Displacement 26 IV. [§ 400] ASSURANCE OF COMPARABLE REPLACEMENT DWELLINGS; LAST RESORT HOUSING 27 A. [§ 401] Survey and Analysis of Available Comparable Replacement Dwellings 27 1. [§ 402] Requirement Generally 27 2. [§ 403] Determining Number of Comparable Replacement Dwellings 27 3. [§ 404] Written Analysis 28 4. [§ 405] Review of Survey Results 29 5. [§ 406] Referrals of Replacement Dwellings 29 B. [§ 407] Determination of Need for Last Resort Housing; Replacement Housing Plan 29 1. [§ 408] Replacement Housing Plan 29 2. [§ 409] Replacement Housing Committee 30 3 . [§ 410] Submission of Plan for Comment 31 4. [§ 411] Determination by Displacing Public Entity of Feasibility and Compliance 31 5. [§ 412] Implementation of the Replacement Housing Plan . . . 32 6. [§ 413] Last Resort Housing Alternatives 32 7. [§ 414] Nondiscrimination 33 8. [§ 415] Conformity with Statutes and Regulations 33 9. [§ 416] Conformity with Federal Program Requirements 33 10. [§ 417] Monitoring Housing Production 33 11. [§ 418] Retention of Benefits Upon Move to Last Resort Housing 34 12. [§ 419] Post-Acquisition Tenants 34 V. [§ 500] TEMPORARY RELOCATIONS 35 A. [§ 501] Temporary Replacement Housing 35 B. [§ 502] Payments and Assistance for Short-Term Relocation of Tenants in Rental Rehabilitation Projects 35 VI. [§ 600] RELOCATION PAYMENTS TO DISPLACED RESIDENTS 37 A. [5 601] Payments Required 37 B. [§ 602] Actual Reasonable Moving Expenses 37 C. [§ 603] Alternate Payments 38 D. [§ 604] Replacement Housing Payments for Displaced Homeowners . . 38 1. [§ 605] Amount of Payment 38 2. [§ 606] Eligibility 38 3. [§ 607] Computation of Replacement Housing Payment 39 a. [§ 608] Reasonable Cost of Comparable Replacement Dwelling 39 b. [§ 609] Increased Interest Cost 40 c. [§ 610] Expense Incidental to the Purchase of the Replacement Dwelling 41 4. [§ 611] Multi-Family Dwelling 41 5. [5 612] Homeowner Retention of Dwelling 41 6. [§ 613] Lease of Condominium 42 E. [§ 614] Replacement Housing Payments for Tenants and Certain Others 42 1. [§ 615] Amount of Payment 42 2. [§ 616] Eligibility 42 3 . [§ 617] Computation of Replacement Housing Payment 43 a. [§ 618] Rent Differential Payment 43 b. [§ 619] Downpayment 44 4. [5 620] Rental Payments for Displaced Homeowners and Dependents 45 a. [§ 621] Homeowners 45 b. [§ 622] Dependents 45 F. [§ 623] Payments to Residents Displaced from Manufactured Homes and Mobile Homes 45 1. [§ 624] Payments Required 45 2. [§ 625] Moving Expenses: Retention and Move of Manufactured Home or Mobile Home 45 3. [§ 626] Replacement Housing Payments 46 G. [§ 627] Proration of Payments 47 H. [§ 628] Payment After Death 47 f I. [5 700] RELOCATION PAYMENTS TO DISPLACED BUSINESSES 49 A. [§ 701] Payments Required 49 B. [§ 702] Moving Expenses 49 1. [§ 703] Actual Reasonable Moving Expenses 49 2. [§ 704] Actual Direct Loss of Tangible Personal Property . . 51 3. [§ 705] Actual Reasonable Expenses in Searching for a Replacement Business 52 C. [§ 706] Actual Reasonable Expenses To Reestablish A Small Business or Nonprofit Organization 52 D. [§ 707] Business Supplement Payment 54 1. [§ 708] Eligibility 54 2. [§ 709] Eligible Expenses 55 3. [§ 710] Conditions and Limitations 56 4. [§ 711] Bid and Payment Procedures 57 5. [§ 712] Limitations 58 F. [§ 713] Alternate Payment 59 1. [§ 714] Determination of Payments 59 a. [§ 715] Amount of Payment 59 b. B. 716] Determination of Number of Businesses 59 2. [§ 717] Eligibility 59 a. [§ 718] Business 59 b. [§ 719] Nonprofit Organizations 60 3. [§ 720] Loss of Goodwill 61 VIII. [§ 800] CITIZEN PARTICIPATION 62 A. [§ 801] General Requirements 62 B. [§ 802] Relocation Committee 62 C. [§ 803] Replacement Housing Committee 62 IX. [§ 900] CLAIM AND PAYMENT PROCEDURES; TERMINATION OF RELOCATION ASSISTANCE 63 A. [§ 901] Filing of Claims 63 B. [§ 902] Documentation in Support of Claim 63 1. [§ 903] Moving Expenses 63 a. [§ 904] Commercial Moves 63 b. [§ 905] Self-Moves 63 c. [§ 906] Exemption from Public Utilities Commission Regulations 63 2. [§ 907] Loss of Property 64 3. [§ 908] Proof of Earnings 64 C. [5 909] Payment of Moving Expenses 64 1. [§ 910] Advance Payment 64 2. [§ 911] Direct Payment 64 3 . [§ 912] Methods Not Exclusive 64 D. [§ 913] Payments for Replacement Dwellings 65 1. [§ 914] Payment for Purchase of Comparable Replacement Dwelling 65 a. [§ 915] Disbursement 65 b. [§ 916] Provisional Payment Pending Condemnation 65 c. [§ 917] Certificate of Eligibility 65 2. [§ 918] Rent Differential Payments 65 E. [§ 919] Termination of Relocation Assistance 66 h , 1 ( 1 X. [§ 1000] GRIEVANCE PROCEDURES 67 A. [§ 1001] Purpose 67 B. [§ 1002] Right of Review 67 C. [§ 1003] Request for Further Written Information 67 D. [§ 1004] Informal Oral Presentation 67 E. [§ 1005] Written Request for Review and Reconsideration 68 F. [§ 1006] Formal Review and Reconsideration by Displacing Agency Director 68 G. [§ 1007] Appeals Board Review 69 H. [5 1008] Determination by City Council or Agency Board 70 I. [§ 1009] Time Limits 71 J. [5 1010] Review of Files By Claimant 71 K. [5 1011] Effect of Determination 71 L. [5 1012] Right to Counsel 71 M. [5 1013] Further Review 71 N. [5 1014] Joint Complainants 71 O. [5 1015] Judicial Review 72 XI. [5 1100] ACQUISITION PROCEDURES 73 A. [5 1101] Acquisition of Property by Negotiation 73 B. [5 1102] Appraisal of Property 73 C. [5 1103] Notice of Decision to Appraise 73 1. [5 ,1104] Contents of Notice 73 2. [5 1105] Information Statement: Property Acquisition Procedures 74 D. [5 1106] Prior to Making an Offer to Purchase 75 1. [5 1107] Record Title 75 2. [A 1108] Occupants 75 3. [5 1109] Notices to Contact Owner 75 4. [5 1110] Identity and Address of Owner 76 E. [5 1111] Establishment of Just Compensation 76 F. [§ 1112] Uneconomic Remnant; Donation of Property 77 G. [§ 1113] Initiation of Negotiations 77 1. [5 1114] Written Offer 77 2. [5 1115] Statement of the Basis of Just Compensation . . . . 78 H. [5 1116] Right to Obtain Payment 79 I. [5 1117] Loss of Goodwill 79 J. [5 1118] Compensation for Loss of Goodwill 80 1. [5 1119] Compensation Generally 80 2. [5 1120] Notice of Intent to Claim Loss of Goodwill 80 3. [5 1121] Conference to Discuss Eligibility to Receive Compensation for Loss of Goodwill 81 4. [5 1122] Business Records; Authorization to Negotiate . . . . 81 5. [§ 1123] Calculation of Net Amount of Just Compensation for Loss of Goodwill for Negotiation Purposes 81 6. [5 1124] Notice to Owner; Written Offer 81 7. [5 1125] Eminent Domain 82 K. [5 1126] Negotiations; Eminent Domain 82 L. [5 1127] Notice of Decision Not to Acquire 83 M. [5 1128] Incidental Expenses 83 N. [5 1129] Purchase Price as Public Information 83 O. [5 1130] Service of Notice 83 XII. [5 1200] PROPERTY MANAGEMENT PRACTICES 84 1 A. [§ 1201] Short Term Rental 84 B. [§ 1202] Notice to Vacate 84 C. [§ 1203] Eviction 84 D. [§ 1204] Status of Post-Acquisition Tenants 85 1. [§ 1205] Notice of Status 85 2. [§ 1206] Notice to Vacate 85 3. [§ 1207] Eligibility for Relocation Assistance and Payments 85 4. [§ 1208] Move from Permanent Housing 86 EXHIBIT "A" - Model Relocation Plan EXHIBIT "B" - Sample Business Payment Calculation EXHIBIT "C" - Relocation Assistance Appeal Complaint Form o • RULES AND REGULATIONS FOR IMPLEMENTATION OF THE CALIFORNIA RELOCATION ASSISTANCE LAW AND REAL PROPERTY ACQUISITION GUIDELINES I. [§ 100] GENERAL A. [§ 101] Purpose The purpose of these Rules and Regulations is to implement the California Relocation Assistance Law, Government Code, 0)7260, et seq. (the"Act") and the Relocation Assistance and Real Property Acquisition Guidelines adopted by the Department of Housing and Community Development, Title 25, California Code of Regulations, §6000 et. seq. (the "Guidelines"). The Rules and Regulations are designed to carry out the policies of the Act and Guidelines with respect to activities of the City of Arcadia (the"City") and the Arcadia Redevelopment Agency (the"Agency"). For the purposes of these Rules and Regulations,the term"Displacing Agency", individually or collectively, shall mean the City or Agency, as may be applicable. B. [§ 102] Authority These Rules and Regulations have been adopted by resolution of the Displacing Agency pursuant to §7267.8(a)of the California Government Code, and are in conformity with the Act and Guidelines. C. [§ 103] Effective Date; Applicability The effective date of these Rules and Regulations shall be the date of their adoption by the Displacing Agency. These Rules and Regulations supersede all other Rules and Regulations for Relocation previously adopted by the Displacing Agency provided,however, that these Rules and Regulations shall not be construed to apply retroactively to actions undertaken by the Displacing Agency prior to their adoption. In the event there are conflicts between these Rules and Regulations and applicable state and federal laws or regulations,the applicable state or federal laws or regulations shall control and these Rules and Regulations shall be deemed amended accordingly. - 1 - Nothing in these Rules and Regulations shall require,or be construed to require the Displacing Agency to provide any relocation or other assistance, payments, or benefits, or to provide any notices, or to follow any procedures, beyond that required by the Act or Guidelines. No greater rights or obligations beyond those set forth in the Act and Guidelines are created or conferred by these Rules and Regulations. D. [§ 104] Extent of Relocation Payments The Displacing Agency shall provide relocation assistance and shall make all of the relocation payments required by law, including such assistance required by federal law where the making of such payments for projects financed by the federal government. In addition,the Displacing Agency may,in its sole and absolute discretion,and without establishing any precedent,make any additional relocation payments which in the Displacing Agency's opinion may be reasonably necessary under the circumstances of the particular case to carry out the purposes of a project. Such payments shall be subject to the availability of funds for such purposes;provided,however,that even if such funds are available, the Displacing Agency shall be under no obligation to provide additional assistance or payments unless it determines otherwise in its sole and absolute discretion. E. [§ 105] Exemptions from Relocation Assistance Payments The requirement to provide relocation assistance and benefits shall not apply to a purchase of real property which is offered for sale by the owner,property being sold at execution or foreclosure sale, property being sold pursuant to court order or under court supervision, or purchases to which §7267.2 of the Act is not applicable. "Offered for sale" means directly offered by the landowner to the Displacing Agency for a specified price in advance of negotiations by the Displacing Agency, and/or offered for sale to the general public at an advertised or published specific price set no more than six months prior to, and still available at the time the Displacing Agency initiates contact with the owner regarding the public entity's possible acquisition of the property. F. [§ 106] Priority of Federal Law and Federal Projects If the Displacing Agency engages in an acquisition with federal financial assistance that results in a relocation of a Displaced Person, the Displacing Agency shall make relocation assistance payments and provide relocation advisory assistance as required under the applicable federal law. G. [§ 107] Severability If any provision of these Rules and Regulations or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Rules and Regulations which can be given effect without the invalid provision or application, and to this end, the provisions of the Rules and Regulations are severable. - 2 - II. [§ 200] DEFINITIONS A. [§ 201] Acquisition/Acquires "Acquisition" or "acquires" means obtaining ownership or possession of real property by purchase, eminent domain, or any other lawful means. B. [§ 202] Adequate Replacement Dwelling "Adequate replacement dwelling" means a dwelling that meets all of the criteria for a comparable replacement dwelling, except with respect to the number of rooms,amount of habitable living space, and type of construction. The dwelling need be only adequate, not comparable. C. [§ 203] Agency "Agency"means the Arcadia Redevelopment Agency organized and existing under the Law of the State of California, and any Agency personnel or consultants, who may be assigned the duties and responsibilities for implementing the Act and Guidelines pursuant to these Rules and Regulations. D. [§ 204] Appeals Board "Appeals Board" means the Arcadia Relocation Appeals Board. The Appeals Board is constituted to hear appeals on complaints from a displaced person(as defined in§219)who believes he or she is aggrieved by an administrative determination by the Displacing Agency as to eligibility for assistance or the amount of payment relating to relocation resulting from any displacement activity undertaken by the Displacing Agency. The Appeals Board shall be constituted and administered pursuant to the California Community Redevelopment Law, Health and Safety Code, §33417.5, which provides that there shall be five members of the Appeals Board who shall be appointed by the Mayor,subject to approval of the City Council. The Executive Director of the Agency or his or her authorized designee shall be the Secretary of the Appeals Board. The Secretary shall not be a member of the Appeals Board and shall not vote or participate on any matter brought and heard before the Appeals Board. E. [§ 205] Appraisal "Appraisal" means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information. - 3 - i F. [§ 206] Average Annual Net Earnings "Average annual net earnings"means one-half of any net earnings of a business before federal, state and local income taxes, during the two taxable years immediately preceding the taxable year in which such business moves from the real property being acquired, or during such other two year period as the Displacing Agency determines to be more equitable for establishing such earnings,and includes any compensation paid by the business to the owner,owner's spouse or owner's dependents during such period. For the purpose of determining the average annual net earnings of the "owner," the term "owner" as used herein includes the sole proprietor in a sole proprietorship,the principal parties in a partnership, and the principal stockholders of a corporation, as determined by the Displacing Agency. For purposes of determining a principal stockholder, stock held by a person,the person's spouse and their dependent children will be treated as one unit. G. [§ 207] Average Monthly Income For the purpose of determining Base Monthly Rental Housing Costs,"average monthly income" means the displaced persons gross income (as defined in §228) divided by twelve. H. [§ 208] Base Monthly Rental Housing Costs "Base Monthly Rental Housing Costs" for an acquired dwelling is the lesser of the average monthly housing cost (including utilities) for the three month period prior to the initiation of negotiations or 30% of the displaced person's average gross monthly income. In case of an owner-occupant or other person who does not pay rent,the Economic Rent(as defined§223)is used instead of the average monthly rental to calculate base monthly rental housing costs. I. [§209] Business "Business" means any lawful activity, except a farm operation, provided such lawful activity is not in an unlawful occupancy (as defined in §243), conducted for any of the following: 1. Primarily for the purchase,sale,lease,or rental of personal and real property,and for the manufacture, processing, or marketing of products, commodities or any other personal property; 2. Primarily for the sale of services to the public; 3. Primarily by a nonprofit organization; or 4. Solely for the purpose of a moving expense payment (see §702 of these Rules and Regulations), for assisting in the purchase, sale, resale, manufacture, processing or - 4 - marketing of products, commodities, personal property or services by the erection and maintenance of an outdoor advertising display, whether or not such display is located on the premises on which any of the above activities are conducted. J. [§ 210] City "City" means the City of Arcadia organized and existing under the Law of the State of California and any City personnel. K. [§ 211] Comparable Replacement Dwelling "Comparable replacement dwelling"is a dwelling which satisfies all of the following standards: 1. Decent, safe and sanitary (as defined in §214), and comparable to the acquired dwelling with respect to number ofrooms,habitable living space and type and quality of construction, but not lesser in rooms or living space than is necessary to accommodate the displaced person. Comparability under this paragraph shall not require strict adherence to a detailed feature-by-feature comparison. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, the principal features shall be present. 2. In an area not subjected to unreasonable adverse environmental conditions from either natural or manmade sources, and not generally less desirable than the acquired dwelling with respect to public utilities, public and commercial facilities and neighborhood conditions,including schools and municipal services, and reasonably accessible to the displaced person's present or potential place of employment; provided that a potential place of employment may not be used to satisfy the accessibility requirement if the displaced person objects. The Act, Guidelines, and these Rules and Regulations do not require that the replacement dwelling be generally as desirable as the acquired dwelling with respect to environmental characteristics. Though a displaced person does not have to accept a dwelling subject to unreasonable adverse environmental conditions, neither is a public entity required to duplicate environmental characteristics,such as scenic vistas or proximity to the ocean, lakes, rivers, forests or other natural phenomena. If the displaced person so wishes, every reasonable effort shall be made to relocate such person within or near to his existing neighborhood. Whenever practicable the replacement, dwelling shall be reasonably close to relatives, friends, services or organizations with whom there is an existing dependency relationship. 3. Available on the private market to the displaced person and available to all persons regardless of race, color, sex,marital status,religion, or national origin in a manner - 5 - . consistent with Title VIII of the Civil Rights Act of 1968 or any other applicable state or federal anti-discrimination law. 4. To the extent practicable and where consistent with Paragraph 1 of this section, functionally equivalent and substantially the same as the acquired dwelling,but not excluding newly constructed housing. 5. A replacement dwelling is within the financial means of a displaced person if the monthly housing cost (including payments for mortgage, insurance and property taxes) or rental cost (including utilities and other reasonable recurring expenses) minus any replacement housing payment available to the person(as provided in§604 and §614) does not exceed thirty percent (30%) of the person's average monthly income (as defined in §206 and §228). A replacement dwelling is within the financial means of a displaced person also if the purchase price of the dwelling including related increased interest costs and other reasonable expenses (as described in §604) does not exceed the total of the amount of just compensation provided for the dwelling acquired and the replacement housing payment available to the person (as provided in §604). If the dwelling which satisfies these standards is not available,the public entity may consider a dwelling which exceeds them. L. [§212] Condominium "Condominium" means combination of co-ownership and ownership in severalty. It is an arrangement under which persons in a housing development hold full title to a one-family dwelling unit, including an undivided interest in common areas and facilities, and such restricted common areas and facilities as may be designated. M. [§213] Date of Acquisition The date on which the deed or other conveyance to the real property being acquired by the Displacing Agency is recorded in the office of the County Recorder, or the date on which the Displacing Agency is entitled to possession of the real property pursuant to an order of the County Superior Court in an eminent domain proceeding. - 6 - � 1 N. [§ 214] Decent, Safe and Sanitary Housing A dwelling which meets with all the following minimum requirements. Exceptions may be made by the Displacing Agency for unusual circumstances or in unique geographic areas. 1. Conforms with all applicable provisions for existing structures that have been constructed under state or local building, plumbing, electrical, housing and occupancy codes and similar ordinances or regulations. 2. Has a continuing and adequate supply of potable water. 3. Has a kitchen or an area set aside for kitchen use which contains a sink in good working condition connected to hot and cold water and to an adequate sewage system. The kitchen or kitchen area shall have utility service connections and adequate space for the installation of a stove and a refrigerator. 4. Has an adequate heating system in good working order which will maintain a minimum temperature of 70 degrees in all habitable rooms. 5. Has a bathroom, well-lit and ventilated and affording privacy to a person within it, containing a lavatory basin and a bathtub or stall shower, properly connected to an adequate supply of hot and cold running water, and a flush closet, all in good working order and properly connected to a sewage disposal system. 6. Has an adequate and safe wiring system for lighting and other electrical services. 7. Is structurally sound, weather tight, in good repair and adequately maintained. 8. Has a safe unobstructed means of egress leading to safe open space at ground level which conforms to building and fire codes. 9. Has at least one room which shall have not less than 150 square feet of floor area. Other habitable rooms,except kitchens,shall have an area of not less than 70 square feet. Where more than two persons occupy a room used for sleeping purposes, the required floor area shall be increased at the rate of 50 square feet for each occupant in excess of two. The floor space is to be subdivided into sufficient rooms to be adequate for the family. All rooms must be adequately ventilated. Habitable floor space is defined as that space used for sleeping, living, cooking, or dining purposes and excludes such enclosed places as closets, pantries,bath or toilet rooms, service rooms, connecting corridors,laundries and unfinished attics,foyers, storage spaces, cellars, utility rooms and similar spaces. - 7 - A decent, safe and sanitary sleeping room is one which includes the minimum requirements contained in paragraphs 1,4, 5, 6, 7, and 8 above and at least 70 square feet of habitable floor space for the first occupant and 50 square feet of habitable floor space for each additional occupant. When the term "decent, safe and sanitary" is interpreted under local, state or federal law as establishing a higher standard,the elements of that higher standard,which exceed the provisions of this section, are incorporated herein. A unit which is occupied by no more than the maximum number of people allowed under the State Building Code shall be considered to be in compliance with the occupancy provisions of this section. A decent,safe,and sanitary mobile home is one which conforms to the minimum requirements prescribed by state laws and rules and regulations promulgated pursuant thereto and bears the insignia of approval issued by the State of California, Department of Housing and Community Development. O. [§ 215] Department "Department" means the California Department of Housing and Community Development. P. [§ 216] Director "Director" means that person in charge of the Displacing Agency that will be responsible for the displacement of any individual, family,business, or non-profit organization for a public use. Q. [§217] Displaced Business "Displaced business" means any business which qualifies as a displaced person under §219 hereof R. [§ 218] Displaced Farm Operation "Displaced farm operation" means any farm operation which qualifies as a displaced person under §219 hereof. S. [§ 219] Displaced Person 1. "Displaced Person" means both of the following: a. Any person who moves from real property, or who moves his or her personal property from real property, either: (1) As a direct result of a written notice of intent to acquire by the Displacing Agency or the acquisition of the real property, in whole or in part, for a - 8 - program or project undertaken by the Displacing Agency or by any person having an agreement with or acting on behalf of the Displacing Agency,or as a result of a written order from the Displacing Agency to vacate the real property; or (2) As a direct result of the rehabilitation, demolition or other displacing activity undertaken as the Displacing Agency may prescribe under a program or project undertaken by the Displacing Agency, of real property on which the person is a residential tenant or conducts a business or farm operation,in any case in which the Displacing Agency determines that the displacement is permanent. For purposes of this section, "residential tenant" includes any occupant of a residential hotel unit, as defined in subdivision (b) of§50669 of the California Health and Safety Code, and any occupant of employee housing, as defined in§17008 of the California Health and Safety Code, but shall not include any person who has been determined to be in unlawful occupancy of the displacement dwelling. b. Solely for the purpose of Government Code §7261 and §7262, any person who moves from real property, or moves his or her personal property from real property, either: (1) As a direct result of a written notice of intent to acquire or the acquisition of other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by the Displacing Agency. (2) As direct result of the rehabilitation, demolition, or other displacing activity as the Displacing Agency may prescribe under a program and project undertaken by the Displacing Agency, of other real property on which the person conducts a business or farm operation, in any case in which the Displacing Agency determines that the displacement is permanent. 2. The definition contained in this section shall be construed so that persons displaced as a result of a Displacing Agency action,receive relocation benefits in cases where they are displaced as a result of an owner participation agreement or an acquisition carried out by a private person for or in connection with a public use where the Displacing Agency is otherwise empowered to acquire the property to carry out the public use. Except persons or families of low and moderate income, as defined in §50093 of the Health and Safety Code,who are occupants of housing that was made available to them on permanent basis by the Displacing Agency and who are required to move from the housing,"displaced person"shall not include any of the following: - 9 - (a) Any person who has been determined to be in unlawful occupancy of the displacement dwellings. (b) Any person whose right of possession at the time of moving arose after the date of the Displacing Agency's acquisition of the real property. (c) Any person who has occupied the real property for the purpose of obtaining assistance under these Rules and Regulations. (d) In any case in which the Displacing Agency acquires property for a program or project (other than a person who was an occupant of the property at the time it was acquired),any person who occupies the property for a period subject to termination when the property is needed for the .program or project. 3. A person residing in any rental project who is displaced from the project for a period of one year or less as part of a rehabilitation of that project, that is funded in whole or in part by the Displacing Agency, shall not be deemed a "displaced person" for purposes of these Rules and Regulations. This section shall be applicable if all of the following criteria are satisfied: a. The project is a "qualified affordable housing preservation project," which means any complex of two or more units whose owners enter into a recorded regulatory agreement, having a term for the useful life of the project, with any entity for the provision of project rehabilitation financing. For this purpose,the regulatory agreement shall require the owner and all successors and assigns of the owner, as long as the regulatory agreement is in effect, that at least forty- nine (49) percent of the tenants in the project shall have, at the time of the recordation of the regulatory agreement, incomes not in excess of sixty (60) percent of the area median income, adjusted by household size, as determined by the appropriate agency of the state. In addition, a project is a qualified affordable housing preservation project only if the beneficiary of the regulatory agreement elects this designation by so indicating on the regulatory agreement. b. The resident is offered the right to return to his or her original unit, or a comparable unit in the same complex if his or her original unit is not otherwise available due to the rehabilitation, with rent for the first twelve (12) months subsequent to that return being the lower of the following:up to five(5)percent higher than the rent at the time of displacement; or up to thirty (30) percent of household income. c. The estimated time of displacement is reasonable, and the temporary unit is not unreasonably impacted by the effects of the construction, taking into - 10 - consideration the ages and physical conditions of the members of the displaced household. d. All other financial benefits and services otherwise required under this chapter are provided to the residents temporarily displaced from their units, including relocation to a comparable replacement unit. Residents shall be temporarily relocated to a unit within the same complex,or to a unit located reasonably near the complex if that unit is in a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities, services, and the displaced person's place of employment. T. [§ 220] Displaced Resident "Displaced resident"means any individual or family occupant of a dwelling who qualifies as a displaced person under §219 hereof U. [§ 221] Displacing Agency "Displacing Agency"means the City of Arcadia or Arcadia Redevelopment Agency, as applicable, carrying out a program or project which causes a person to be a displaced person for a public project. V. [§ 222] Dwelling "Dwelling"means the place of permanent or customary and usual abode of a person,including a single-family dwelling, a single-family unit in a two-family dwelling, multi-family or multi-purpose dwelling, a unit of a condominium or cooperative housing project, a non-housekeeping unit, a mobile home,a recreational vehicle as described in the Health and Safety Code§18010,or any other residential unit which either is considered to be real property under state law or cannot be moved without substantial damage or unreasonable cost. A residence need not be decent, safe and sanitary to be a dwelling. A second home shall be considered a dwelling only for the purpose of establishing eligibility for payment for moving and related expenses under §602 of these Rules and Regulations. W. [§ 223] Economic Rent "Economic rent" means the amount of rent a tenant or homeowner would have to pay for a dwelling similar to the acquired dwelling in a comparable area. - 11 - X. [§ 224] Elderly Household "Elderly household"means a household in which the head of household or spouse is sixty-two (62) years of age or older. Y. [§ 225] Family "Family"means two or more individuals, one of whom is the head of household,plus all other individuals who by blood, marriage, adoption or mutual consent live together as a family unit. Z. [§ 226] Farm Operation "Farm operation" means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing these products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. AA. [§ 227] Federal Project "Federal project" means any project undertaken by a federal agency or any project receiving federal financial assistance. BB. [§ 228] Gross Income "Gross income"means the total annual income of an individual,or where a family is displaced total annual income of the parents or adult heads of household, less the following: 1. A deduction of$500.00 for each dependent in excess of three. 2. A deduction of ten percent (10%) of total income for an elderly or handicapped household. 3. A deduction for recurring, extraordinary medical expenses, defined for this purpose to mean medical expenses in excess of three percent(3%)of total income,where not compensated for or covered by insurance or other sources, such as public assistance or tort recovery. 4. A deduction of reasonable amounts paid for the care of children or sick or incapacitated family members when determined to be necessary to the employment of the head of household or spouse,except that the amount deducted shall not exceed the amount of income received by the person thus released. - 12 - 5. Gross income is divided by twelve to ascertain the average monthly income. Relocation and property acquisition payments are not to be considered income for determination of financial means. CC. [§ 229] Handicapped Household "Handicapped household"means a household in which any member is handicapped or disabled. DD. [§ 230] Initiation of Negotiations "Initiation of negotiations" means the initial written offer to purchase made by the Displacing Agency to the owner of the real property to be purchased, or to the owner's representative. EE. [§ 231] Last Resort Housing "Last Resort Housing" means comparable replacement dwellings provided by the Displacing Agency with its funds or funds authorized for the project because existing comparable replacement dwellings will not otherwise be available as needed. FF. [§ 232] Manufactured Home or Mobile Home "Manufactured Home"or"Mobile Home"means a structure,as described in Health and Safety Code §18007 and §18008, which is transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning and electrical systems contained therein. A self-propelled vehicle is not a mobile home. GG. [§ 233] Mortgage "Mortgage" means classes of liens that are commonly given to secure advances on, or the unpaid purchase price of,real property,together with the credit instruments,if any,secured thereby. HH. [§ 234] Nonprofit Organization "Nonprofit organization"means a corporation,partnership,individual or other public or private entity,engaged in a business,professional or institutional activity on a non-profit basis,necessitating fixtures, equipment, stock in trade, or other tangible property for the carrying on of the business, profession or institutional activity on the premises. II. [§ 235] Ownership "Ownership" means holding any of the following interests in a dwelling, or a contract to purchase one of the first six (6) interests: - 13 - 1. A fee title; 2. A life estate; 3. A 50-year lease. 4. A lease with at least twenty (20) years to run from the date of acquisition of the property; 5. A proprietary interest in a cooperative housing project which includes the right to occupy a dwelling; 6. A proprietary interest in a manufactured home and mobile home; 7. A leasehold interest with an option to purchase. In the case of one who has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation oflaw,the tenure of ownership,but not occupancy,of the succeeding owner shall include the tenure of the preceding owner. JJ. [§ 236] Person "Person" means any individual, partnership, corporation, limited liability company, or association. KK. [§ 237] Personal Property "Personal property" means tangible property which is situated on real property vacated or to be vacated by a displaced person and which is considered personal property and is non-compensable (other than for moving expenses)under the state law. In the case of a tenant,personal property includes fixtures and equipment, and other property which may be characterized as real property under state or local law, but which the tenant may lawfully and at his or her election determine to move, and for which the tenant is not compensated in the real property acquisition. In the case of an owner of real property,the determination as to whether an item of property is personal or real shall depend upon how it is identified in the closing or settlement statement with respect to the real property acquisition. LL. [§ 238] Post-Acquisition Tenant "Post-acquisition tenant"means a tenant who lawfully commences to occupy property only after the Displacing Agency acquires it or who lawfully occupies property after the private acquisition of property by a person with a written agreement with the public entity for the purpose of financing the purchase or development of the property. - 14 - MM. [§ 239] Prepaid Expenses "Prepaid expenses" means items paid in advance by the seller of real property and pro-rated between such seller and the buyer of such real property at the close of escrow including, but not limited to, real property taxes, insurance, homeowners' association dues and assessment payment. NN. [§ 240] Public Use "Public use" means a use for which real property may be acquired by eminent domain. 00. [§ 241] Small Business "Small Business," as defined in Part 24 of Title 49 of The Code of Federal Regulations,means a business having not more than 500 employees working at the site being acquired or displaced by a program or project, which site is the location of economic activity. Sites occupied solely by outdoor advertising signs, displays, or devices do not qualify as a small business for purposes of these Rules and Regulations. PP. [§ 242] Tenant A person who rents or is otherwise in lawful possession of a dwelling, including a sleeping room, which is owned by another. QQ. [§ 243] Unlawful Occupancy A person or business is considered to be in unlawful occupancy if, among other reasons: the person or business has been ordered to move by a court of competent jurisdiction; or the person's tenancy has been lawfully terminated by the owner for cause, the tenant has vacated the premises, and the termination was not undertaken for the purpose of evading relocation assistance obligations; or the person is in violation of the lease or rental agreement;or the person's occupancy is in violation of applicable local, regional, state, or federal ordinances, laws, or regulations. - 15 - T• ,r III. [§ 300] RELOCATION ADVISORY ASSISTANCE A. [§ 301] Advisory Assistance to be Provided by the Displacing Agency Programs or projects undertaken by the Displacing Agency shall be planned in a manner that (i) recognizes, at an early stage in the planning of the programs or projects and before the commencement of any actions which will cause displacements, the problems associated with the displacement of individuals, families, businesses, and farm operations; and (ii) provides for the resolution of these problems in order to minimize adverse impacts on displaced persons and to expedite program or project advancement and completion. The Displacing Agency shall ensure the relocation assistance advisory services described in this §301 are made available to all persons displaced by the Displacing Agency. In accordance with California Government Code§7261(a),the Displacing Agency may provide relocation advisory assistance (but not benefits, payments or other forms of assistance) if it determines, in its sole discretion, that any person occupying property immediately adjacent to the property where the displacing activity occurs is caused substantial economic injury as a result thereof. Notwithstanding §219, in any case in which the Displacing Agency acquires property for a program or project, any person who occupies the property on a rental basis for a short term commencing after Displacing Agency acquisition or a period subject to termination when the property is needed for the program or project,shall be eligible for advisory services but not benefits, payments or other forms of assistance to the extent determined by the Displacing Agency in its sole discretion. The relocation advisory assistance to be provided by the Displacing Agency shall include such measures, facilities and/or services as may be necessary or appropriate in order to do all of the following: 1. Fully inform eligible persons within 60 days of initiation of negotiations but no later than the close of escrow on the property, as to the availability of relocation benefits and assistance and the eligibility requirements therefore,as well as the procedures for obtaining such benefits and assistance; 2. Determine and make timely recommendations on the needs and preferences,if any, of displaced persons for relocation assistance; 3. Assure eligible displaced residents that within a reasonable period of time prior to displacement,there will be available comparable replacement dwellings sufficient in number and kind for and available to such eligible residents; - 16 - 4. Provide current and continuing information on the availability, sales prices, and rentals of comparable sales and rental housing, and comparable commercial properties and locations, and as to security deposits, closing costs, typical down payments, interest rates and terms for residential property in the area; 5. Assist each eligible, displaced person to complete applications for payments and benefits; 6. Assure that,within a reasonable time period prior to displacement,to the extent that it can be reasonably accomplished,there will be available in areas not generally less desirable in regard to public utilities and public and commercial facilities,and at rents or prices within the financial means of displaced families and other individuals, decent, safe and sanitary dwellings, sufficient in number to meet the needs of, and available to, those displaced persons requiring those dwellings and reasonably accessible to their places of employment, except that, in the case of a federally funded project, a waiver may be obtained from the federal government. 7. Assure that each eligible, displaced resident shall not be required to move from a dwelling unit unless such person has had a reasonable opportunity to relocate to a comparable replacement dwelling, except in the case of any of the following: a. A major disaster as defined in §102(2) of the federal Disaster Relief Act of 1974. b. A state of emergency declared by the President or Governor. c. Any other emergency which requires the person to move immediately from the dwelling because continued occupancy of the dwelling by the person constitutes a substantial danger to the health or safety of the person. 8. Assist each eligible, displaced business in obtaining and becoming established in a suitable replacement location; 9. Provide services required to insure that the relocation process does not discriminate on any basis that is in violation of applicable state and federal anti-discrimination laws. 10. Supply to eligible persons information concerning federal and state housing programs, disaster loan and other programs administered by the Small Business Administration, and other federal or state programs offering assistance to displaced persons; - 17 - 11. Provide other advisory assistance to eligible persons to minimize their hardships, such as counseling and referrals with regard to housing, financing, employment, training, health and welfare; 12. Inform all persons who are expected to be displaced about the eviction policies to be pursued in carrying out the project. B. [§ 302] Information Program 1. [§ 303] General Information The Displacing Agency shall establish and maintain an information program utilizing meetings, newsletters, and other mechanisms, including local media, available to all persons, for keeping occupants of the property which the Displacing Agency is acquiring informed on a continuing basis about its relocation program. The criterion for selecting among various alternative mechanisms shall be the likelihood of actually communicating information to such persons. Legal publications,legal ads in local newspapers of general circulation and similar means are inadequate if they are likely to go unnoticed. 2. [§ 304] Personal Contact As soon as practicable following the initiation of negotiations to acquire a parcel of real property, the Displacing Agency shall contact each eligible person occupying such property to carefully explain and discuss fully with such person the extent of relocation payments and assistance that may be made available by the Displacing Agency. Such contact shall be direct and personal except where repeated efforts indicate that such contact is not possible. Such contact may be made at the time and as part of the interview to ascertain relocation needs conducted pursuant to §311. All persons shall be advised and encouraged to visit the Displacing Agency's relocation office for information and assistance. The Displacing Agency shall maintain personal contacts with occupants of the property to the maximum extent practicable. 3. [§ 305] Information Statement for Relocation Assistance Within 60 days following the initiation of negotiations to acquire a parcel of real property or interest therein, but not later than the close of escrow on the property, informational material, appropriate to the displaced person or business, shall be distributed to describe the nature of available relocation benefits and assistance, eligibility requirements and procedures for obtaining such benefits and assistance. For projects by private parties with an agreement with the Displacing Agency, the"initiation of negotiations" shall be the,later of (i) the date of acquisition, or (ii) the date of the written agreement between the private entity and the Displacing Agency for purposes of acquiring or developing the property for the project. - 18 - The Displacing Agency and/or the private entity shall provide each occupant of such property with a written statement containing the following information: a. A general description of the nature and types of activities that will be undertaken and identification of the displacement area involved, including a diagrammatic sketch of such area. b. A statement that Displacing Agency action may result in displacement,but that no person or business lawfully occupying the real property will be required to move without at least 90 days written notice from the Displacing Agency. c. A statement to residents that families and individuals will not be required to move from their dwellings before reasonable offers of decent,safe and sanitary and otherwise comparable replacement dwellings within their financial means have been made, except for cause including under the circumstances provided for in §1203 of these Rules and Regulations. [This subparagraph is not applicable to business relocations.] d. A general description of types of relocation payments available, including general eligibility criteria, and a caution against premature moves that might result in loss of eligibility for a payment. e. Identification of the Displacing Agency's relocation program and a description of relocation services and aids that will be available. Such services shall not result in different or separate treatment on account of race, color, religion, national origin,sex,martial status,familial status,or any basis protected by state or federal anti-discrimination laws, or any other arbitrary circumstances. f. Encouragement to visit the Displacing Agency's relocation office and to cooperate with staff. Information regarding the relocation office shall include the address, telephone number and hours the office is open. g. Information to residents on replacement dwellings, including: (1) A brief description of what constitutes a replacement dwelling, including physical standards; (2) A layman's description of applicable federal, state and local fair housing laws; (3) A statement that the Displacing Agency will identify available comparable replacement dwellings within the financial means of, and otherwise available to, the Displaced Person, and will provide assistance to persons - 19 - in obtaining housing of their choice, including assistance in referring complaints of discrimination to the appropriate federal, state or local fair housing enforcement agency. (4) A statement that persons may seek their own housing accommodations, and urging them, if they do so, to notify the Displacing Agency prior to making a commitment to purchase or occupy the property. h. A statement to businesses that the Displacing Agency will provide assistance in locating relocation accommodations, including consultation with the Small Business Administration and other governmental agencies which might be of assistance. i. A statement to businesses describing the requirement for prior notification to the Displacing Agency of the business concern's intention to move. j. A summary of the Displacing Agency's eviction policy. k. A statement describing the Displacing Agency's grievance procedure, its purpose and how it may be used. 1. Any additional information that the Displacing Agency believes would be helpful. Where appropriate, separate information statements shall be prepared for residential and non-residential occupants. 4. [§ 306] Notice of Eligibility Status In addition to disseminating general information of the type described above, the Displacing Agency shall provide each Displaced Person with individual, written notification of his or her eligibility status as soon as it has been established. 5. [§ 307] Language of Information Material Information material shall be prepared in the language(s) most easily understood by the recipients. In displacement areas where there are significant concentrations of persons who do not read,write,or understand English fluently,the native language of the people should be used and all informational material should be provided in the native language(s) and English. 6. [§ 308] Method of Delivery of Informational Material To assure receipt of the informational material,the Displacing Agency shall arrange to have the material either hand-delivered to each occupant of the property with a request for a written receipt, or sent by certified mail,return receipt requested. - 20 - C. [§ 309] Determination of Relocation Needs 1. [§ 310] Interviews Immediately following the initiation of negotiations to acquire a parcel of real property, the Displacing Agency shall interview each eligible person occupying such property to obtain information upon which to plan for housing and other accommodations, as well as counseling and assistance needs. The interview shall be by direct, personal contact, except where repeated efforts indicate that such contact is not possible. The Displacing Agency shall carefully explain and discuss fully with each person interviewed the purpose of the interview. When a person cannot be interviewed or the interview does not produce the information to be obtained, reasonable efforts shall be made to obtain the information by other means. a. [§ 311] Information to be Obtained from Residential Owner Occupants or Tenants The Displacing Agency shall endeavor to obtain the following information from eligible persons. (1) Income; (2) Whether a person is elderly or handicapped; (3) Size of family; (4) Age of children; (5) Location of job and factors limiting accessibility; (6) Area of preferred relocation; (7) Type of unit preferred; (8) Ownership or tenant preference; (9) Need for social and public services, special schools and other services; (10) Eligibility for publicly assisted housing; (11) With reference to the present dwelling: (a) the rent; (b) type and quality of construction; (c) number of rooms and bedrooms; (d) amount of habitable living space; (e) locational factors including,among others,public utilities,public and commercial facilities (including transportation and schools) and neighborhood conditions (including municipal services). (12) Such other matters that concern a household as its members contemplate relocation. - 21 - b. [§ 312] Coordination with Other Agencies In order to avoid duplication of effort and to ensure that necessary information is available at the appropriate time, the Displacing Agency should coordinate its interview activities with the survey activities,if any, of other agencies. Gathering of data pertinent to social service referrals of eligible persons should be planned in cooperation with social service agencies and a referral system should be established. c. [§ 313] Interview after Person Moves Without Notice If the interview of any eligible person does not occur prior to such person moving from the dwelling,the Displacing Agency shall make every reasonable effort to identify,locate,and interview such person who has moved so that their relocation needs can be determined. The Displacing Agency shall offer such persons all relocation assistance and benefits for which they otherwise qualify and, in addition, the Displacing Agency shall compensate such persons for all costs occasioned by the Displacing Agency's failure to provide timely notice and offers of relocation assistance and benefits, if such failure is the fault of the Displacing Agency. 2. [§ 314] Relocation Records Based on information obtained during interviews and from other sources as applicable, the Displacing Agency shall prepare and maintain an accurate relocation record for each person to be displaced. The record shall contain a description of the pertinent characteristics of the persons to be displaced and the assistance deemed to be necessary. A Displaced Person(or any person authorized in writing by such person) shall have the right to inspect such documents containing information relating to that Displaced Person to the extent and in the manner provided by law. 3. [§ 315] Updating Information Information pertaining to the relocation needs of eligible persons occupying each parcel of real property with respect to which the Displacing Agency has initiated negotiations for acquisition shall be up-dated at least annually. Eligible persons shall be encouraged to bring any change in their needs to the attention of the Displacing Agency. D. [§ 316] Relocation Site Office The Displacing Agency may, as it deems necessary, establish a site office which is accessible to all area residents and businesses who may be displaced to provide relocation assistance. Any such office shall be staffed with trained and/or experienced relocation personnel. Office hours may be scheduled to accommodate persons unable to visit the office during normal business hours. The Displacing Agency may also make provisions for meeting with displaced persons in their homes or places of business. - 22 - E. [§ 317] Contracting for Relocation Services The Displacing Agency may enter into a contract with any individual, firm, association, corporation, or governmental agency having an established organization for conducting relocation assistance programs, for the purpose of providing relocation advisory assistance. F. [§ 318] Coordination of Relocation Assistance The Displacing Agency shall coordinate its relocation assistance program with other work necessitating displacement of persons, and with activities of other public entities in the City or nearby areas, for the purpose of planning relocation activities and coordinating the availability of replacement dwelling resources in the implementation of the Displacing Agency's relocation assistance program. G. [§ 319] Relocation Plans 1. [§ 320] Requirement Generally As soon as possible following the initiation of negotiations and prior to proceeding with any phase of a project or other activity that will result in displacement, the Displacing Agency shall prepare a Relocation Plan and submit it for approval to the City Council unless the Displacing Agency's action will only result in an insignificant amount (as determined by the Displacing Agency) of non-residential displacement, in which case the Displacing Agency shall provide assistance and benefits as required by the Act,Guidelines,and these Rules and Regulations,but shall not be required to prepare a Relocation Plan as is described in §319 et seq. For residential projects of 15 households or less, the Displacing Agency shall prepare a Model Relocation Plan, a sample of which is provided in Exhibit "A". This Model Relocation Plan shall be presumed to be in compliance with the planning requirements of§319 et seq. 2. [§ 321] Contents of Plan If a Specific Relocation Plan is required, it shall include the following; a. A diagrammatic sketch of the displacement area; b. Projected dates of displacement; c. A written analysis of the aggregate relocation needs of all persons to be displaced, in accordance with §401, and a detailed explanation as to how these needs are to be met; d. A written analysis of replacement housing resources,in accordance with §404; - 23 - e. A detailed description of the relocation advisory services program, including specific procedures for locating and referring eligible persons to comparable replacement housing; f. A description of the relocation payments to be made in accordance with §600 and a plan for disbursement; g. A cost estimate for carrying out the plan and identification of the source of the necessary funds; h. A detailed plan by which any last resort housing as described in §408 is to be built and financed (if applicable); i. A standard information statement to be sent to all persons displaced in accordance with §305; j. Temporary relocation plans, if any; k. A description of relocation office operation procedures; m. Plans for citizen participation; n. An enumeration of the coordination activities undertaken pursuant to §318; o. The comments of the relocation committee, if any (pursuant to §800). p: A written determination by the Displacing Agency that the necessary resources will be available as required. 3. [§ 322] Review of Relocation Plan The Relocation Plan shall be submitted to the Relocation Committee(see§802)for review and comment at least 30 days prior to submitting the Relocation Plan to the City Council for approval. Copies of the proposed Relocation Plan shall be made available to the Relocation Committee and the public,upon request. A copy of the final relocation plan shall be forwarded to the Department which shall act as a central repository. A general notice of the Relocation Plan shall also be provided. The general notice shall be designed to reach the occupants of the property, shall be in accordance with §303 and §307 of these Rules and Regulations, and shall be provided 30 days prior to submission to the City Council for approval. - 24 - All persons who will be displaced,neighborhood groups, and any Relocation Committee shall be given an opportunity to participate in reviewing the relocation plan and monitoring the relocation assistance program. Any displaced person or interested organization may petition the Department to review the Relocation Plan. Such review shall be undertaken in the time constraints and procedures as adopted by the Department. 4. [§ 323] Conformance to General Plan Relocation Plans prepared by the Displacing Agency shall be consistent with the Housing Element of the City's General Plan. 5. [§ 324] Update of Relocation Plans In the event of delay of more than one year in the implementation of a relocation program, the Relocation Plan shall be updated prior to the implementation of the program. H. [§ 325] Move to Substandard Dwelling Unit The Displacing Agency shall inspect each replacement dwelling prior to the time a displaced resident occupies it. The Displacing Agency shall not induce or encourage a displaced resident to acquire a dwelling which does not satisfy the standards of a comparable replacement dwelling. If a displaced resident occupies a dwelling unit to which he or she is referred by the Displacing Agency and the dwelling unit does not satisfy the standard of a comparable replacement dwelling, the Displacing Agency shall offer to locate a comparable replacement dwelling for the displaced resident and to pay again all moving and related expenses. If a displaced resident chooses not to move from a substandard dwelling unit he or she has occupied, the displaced resident shall nevertheless be eligible to receive relocation assistance and payments if one of the following conditions is met: 1. If he or she occupied the substandard dwelling unit following referral by the Displacing Agency; or 2. If the rental or purchase of the substandard dwelling unit is the result of the Displacing Agency's failure to identify a reasonable number of comparable replacement dwellings; or 3. If the purchase of the substandard dwelling unit is not the result of the Displacing Agency's referral or failure to refer, when the substandard dwelling unit is brought into compliance with the decent, safe and sanitary standard. - 25 - In the event the condition is met in paragraph 3, any replacement housing payment shall be limited to the amount that would be provided in connection with the purchase of a similar, comparable replacement dwelling, or the sum of the actual costs of acquisition(including incidental expenses) and rehabilitation, whichever is less. I. [§ 326] Waiver of Requirement for Replacement Dwelling Prior to Displacement When immediate possession of the real property is of crucial importance and one of the following circumstances exists, the Displacing Agency may require an eligible displaced resident to move from his or her dwelling before a comparable replacement dwelling or temporary adequate replacement dwelling is available: 1. When displacement is necessitated by a major disaster as defined in §102(2) of the Hazard Mitigation and Relocation Assistance Act of 1993 (42 U.S.C.§5121) and/or the California Natural Disaster Assistance Act; 2. During periods of declared national or state emergency; 3. When such other extraordinary or emergency situations occur where immediate possession of real property is of crucial importance. Any waiver of the requirement for replacement dwellings prior to displacement shall be supported by appropriate findings and a determination of the necessity for the waiver. - 26 - IV. [§ 400] ASSURANCE OF COMPARABLE REPLACEMENT DWELLINGS; LAST RESORT HOUSING A. [§ 401] Survey and Analysis of Available Comparable Replacement Dwellings 1. [§ 402] Requirement Generally To confirm the availability of comparable replacement dwellings, the Displacing Agency, within 60 days of the initiation of negotiations to acquire a parcel of real property, shall initiate a survey of available comparable replacement dwellings. If a recent survey that provides the required information is not available, the Displacing Agency shall conduct a survey of the housing market. If a recent survey is available, but it does not reflect more recent, significant changes in housing market conditions, the survey shall be updated or it shall not be relied upon. The survey shall be updated at least annually. The survey area shall be reasonably related to the displacement area and to the needs and preferences of the persons to be displaced. The survey area shall have relevant characteristics specified for comparable replacement dwellings which equal or exceed those of the neighborhood from which persons are to be displaced. 2. [§ 403] Determining Number of Comparable Replacement Dwellings Only dwelling units which satisfy the standards of comparable replacement dwellings,including the locational criteria, shall be counted as a relocation resource. The following types of dwellings shall be included only if the applicable criteria are met: Uncompleted new construction or rehabilitation shall only be counted toward the gross number of comparable replacement dwellings if there is a substantial likelihood that the dwelling units will be available when needed and at housing prices or rental costs within the financial means of the prospective occupants. a. Publicly subsidized housing, as defined pursuant to Article XXXIV of the California Constitution and§37000 through§37002 of the California Health and Safety Code, shall only be counted toward the gross number of comparable replacement dwellings if it reasonably can be established that: (1) The dwelling units will be available when needed; (2) The governmental body providing the subsidy has made, in writing, a reasonably binding commitment of assistance; (3) The dwelling units have been inspected and determined to be decent, safe and sanitary and the income ceilings, rent ranges and age restrictions, if any, have been considered; - 27 - (4) The number of dwelling units available in the City exceeds the number of households in need of the units. This requirement can be waived by the Department if the Displacing Agency can establish that such units will be replaced within two years. To establish that last resort housing will be developed as required, the Displacing Agency must have site control with permissive zoning, preliminary plans and conditional commitments for subsidy and financing, or the equivalent, and must identify ownership; (5) With respect to uncompleted new construction or rehabilitation, such publicly subsidized dwelling units are being subsidized to provide relocation resources. b. The gross number of comparable replacement dwellings in the survey area shall be discounted to reflect concurrent displacement and the extent to which turnover is represented.Concurrent displacement by the federal government and its agencies, including federally assisted projects, as well as displacement by other public entities shall be taken into account. 3. [§ 404] Written Analysis Based on the survey, a written analysis of replacement dwelling needs shall be prepared that includes: a. Separate information concerning home ownership and rental units; b. The number of units identified by cost for each size category; c. Needs of elderly and handicapped households shown separately, including information on the number of such households requiring special facilities and the nature of such facilities; d. Description of the locational characteristics of the displacement area neighborhoods corresponding to the requirements of comparable replacement dwellings; e. Information concerning proximity to present employment sources,medical and recreational facilities, parks, community centers, shopping, transportation and schools; f. Information concerning proximity to other relevant needs and amenities. - 28 - • 4. [§ 405] Review of Survey Results When more than fifteen(15)households will be displaced,the written analysis(i.e.,the results of the survey of comparable replacement dwellings) shall be submitted for review to local housing, development and planning agencies and shall be compared to other existing information on housing. Notwithstanding the analysis of the results of the survey of comparable replacement dwellings, if the demand for housing is such that there are no vacancies other than those permitted by turnover, the Displacing Agency may proceed to displace residents from dwellings,but only to the extent that the Displacing Agency obtains referrals of comparable replacement dwellings for such residents in accordance with the provisions of§406. 5. [§ 406] Referrals of Replacement Dwellings The Displacing Agency shall obtain at least three referrals of comparable replacement dwellings for each displaced resident, provided that where the Displacing Agency determines that, due to special circumstances three (3) is not a reasonable number, fewer than three (3) referrals may be deemed sufficient. Such referrals shall be in writing, in a language understood by the displaced resident. The Displacing Agency's obligation to obtain a comparable replacement dwelling for any displaced resident shall be deemed to be satisfied if such resident is offered and refuses, without justification,the number of specifically identified comparable replacement dwellings provided for in this section and which satisfy the criteria set forth in §211. B. [§ 407] Determination of Need for Last Resort Housing; Replacement Housing Plan If the Director of the Displacing Agency, on the basis of data derived from the replacement dwelling survey and analysis, determines that comparable replacement dwellings will not be available,the Director shall determine whether to modify,suspend,or terminate the project causing the displacement or to use the Displacing Agency's funds or the funds authorized for the project to provide such necessary comparable replacement housing. If the Director determines that the Displacing Agency's funds or funds authorized for the project shall be used to insure the availability of comparable replacement housing (which housing is, in this situation, commonly referred to as "last resort housing"), the Displacing Agency shall prepare a "replacement housing plan" that provides for a sufficient number of last resort housing units. 1. [§ 408] Replacement Housing Plan If a Replacement Housing Plan is required, it shall address the following issues: a. How, when and where the housing will be provided; - 29 - b. How the housing will be financed and the amount of funds to be allocated to such housing; c. The prices at which the housing will be rented or sold to the families and individuals to be displaced; d. The arrangements for housing management and social services, as appropriate; e. The suitability of the location and environmental impact of the proposed housing; f. The arrangements for maintaining rent levels appropriate for the persons to be rehoused; g. The disposition of proceeds from rental, sale, or resale of such housing; h. Any referendum or zoning requirements, which present an obstacle, shall be addressed. 2. [§ 409] Replacement Housing Committee a. If the need for last resort housing exceeds 25 units,the Displacing Agency shall establish a "Replacement Housing Committee" which will consult with and provide advice and assistance to the Displacing Agency in the development of the replacement housing plan. The Committee should include appointed representatives of the Displacing Agency and state and local agencies knowledgeable regarding housing in the area, including but not limited to the local housing authority. In addition, the Committee should include representatives of other appropriate groups (for example, local and area wide planning agencies) and private groups knowledgeable regarding housing and the problems of housing discrimination. b. The Replacement Housing Committee shall include representatives of the residents to be displaced. These representatives may be appointed by the Displacing Agency or elected by the residents, as the residents wish. Resident representatives shall, at a minimum, constitute one-third of the Committee membership. Votes shall be allocated so that the total votes of resident representatives shall equal one-half of the total votes of the Committee membership. c. The Replacement Housing Plan must be approved by the vote of a simple majority of the Replacement Housing Committee membership. In the event the - 30 - Committee fails to approve the plan, the City Council may substitute its approval. d. The Displacing Agency may consult or contract with the Department, a local housing authority, or other agency or organization having experience in the administration or conduct of housing programs to provide technical assistance and advice in the development of the replacement housing plan. 3. [§ 410] Submission of Plan for Comment The Displacing Agency shall submit the Replacement Housing Plan and all significant amendments to the local housing and planning agencies for comment and to assure that the plan accurately reflects housing conditions and needs in the relocation area. Reviewing agencies shall have 30 calender days following receipt of the plan to prepare their comments. Copies of all comments received shall be forwarded to the committee and available to all interested persons. General notice of the plan shall be provided. Notice shall be designed to reach the residents of the relocation area, shall be in accordance with the provisions of§303 and §307, and shall be provided 30 days prior to submission to the Replacement Housing Committee, or the City Council for approval. 4. [§411] Determination by Displacing Public Entity of Feasibility and Compliance Upon receipt and consideration of the comments,the Displacing Agency shall determine whether or not: a. The Replacement Housing Plan is feasible. b. The Replacement Housing Plan complies with applicable environmental standards and procedures. c. The Replacement Housing Plan is compatible with the local general plan and housing element and the area wide housing plan or strategy. If any of the above determinations by the Displacing Agency is negative the Displacing Agency shall revise the plan as necessary. Substantial modifications in the plan shall be re- submitted for review and comment in accordance with §410. If necessary for timely implementation of the plan or execution of the project,the Displacing Agency may shorten the time allowed for review of modifications. - 31 - 5. [§ 412] Implementation of the Replacement Housing Plan The Displacing Agency may expend funds and take such other actions as necessary to provide, rehabilitate, or construct last resort housing pursuant to an approved replacement housing plan for last resort housing through methods including but not limited to the following: a. Transfer of funds to state and local housing agencies; b. Contract with organizations experienced in the development of housing; c. Direct development; rehabilitation or construction by the Displacing Agency; d. Financing of development, rehabilitation or construction by the Displacing Agency; e. Provide housing subsidies as permitted by law. Whenever practicable, the Displacing Agency should utilize the services of federal, state, or local housing agencies, or other agencies having experience in the administration or conduct of similar housing programs. Where several agencies are administering programs resulting in residential displacement, opportunities shall be sought for joint development and financing to aggregate resources in order to most efficiently provide last resort housing in sufficient quantity to satisfy the aggregate needs of such programs. 6. [§ 413] Last Resort Housing Alternatives a. Whenever.comparable replacement dwellings are not available, or are not available within the monetary limits of §605 or §615, as appropriate, the Displacing Agency shall provide additional or alternative assistance under the provisions of this part. b. The methods of providing replacement housing of last resort include,but are not limited to: (1) A replacement housing payment calculated in accordance with the provisions of§607 or §617, as appropriate, even if the calculation is in excess of the monetary limits of sections 605 and 615. The first$5,250 of a rental assistance payment under this part shall be paid to the displaced person in a lump sum and the remainder of the payment shall be paid to the displaced person in periodic payments over a period not to exceed 42 months unless otherwise specified by statute or, at the discretion of the Displacing Agency, the entire rental assistance payment under this part could be paid to the displaced person in a lump sum. - 32 - (2) Major rehabilitation of and/or additions to an existing replacement dwelling in a sum equal to or greater than the payment to which the displaced person is entitled under subsection b(1). (3) The construction of a new replacement dwelling in a sum equal to or greater than the payment to which the displaced person is entitled under subsection b(1) of this section. (4) The relocation and, if necessary, rehabilitation of a dwelling. (5) The purchase of land and/or a replacement dwelling by the displacing agency and subsequent sale or lease to, or exchange with a displaced person. (6) For purposes of accommodating the needs of handicapped persons, the removal of barriers to the handicapped. 7. [§ 414] Nondiscrimination The nondiscrimination provisions of applicable law shall apply to all contracts and subcontracts for the construction, rehabilitation or management of last resort housing let by the Displacing Agency. 8. [§ 415] Conformity with Statutes and Regulations The provision of last resort housing by the Displacing Agency shall be in accord with the provisions of all applicable federal and state non-discrimination laws and regulations issued pursuant thereto. 9. [§ 416] Conformity with Federal Program Requirements The Displacing Agency shall comply with all federal requirements related to programs for which it receives federal financial assistance. 10. [§ 417] Monitoring Housing Production The Displacing Agency shall monitor the production of the last resort housing to ensure that it is in accordance with the replacement housing plan for last resort housing approved by the Displacing Agency. - 33 - 11. [§ 418] Retention of Benefits Upon Move to Last Resort Housing The Displacing Agency shall not require a displaced resident to accept last resort housing in lieu of the displaced resident's acquisition payment, if any, for the real property from which he or she is displaced or the relocation payments for which he or she may be eligible. 12. [§ 419] Post-Acquisition Tenants Only at the sole discretion of the Displacing Agency are post-acquisition tenants entitled to last resort housing payments. - 34 - V. [§ 500] TEMPORARY RELOCATIONS A. [§ 501] Temporary Replacement Housing The Displacing Agency may relocate displaced residents to temporary replacement housing under the conditions provided below. Such housing shall meet the standards of an adequate replacement dwelling.The Displacing Agency shall minimize,to the greatest extent feasible,the use of temporary replacement housing. The Displacing Agency shall provide displaced residents who move to temporary replacement housing with relocation assistance, services and benefits designed to achieve permanent relocation of such residents into comparable replacement dwellings. Prior to any temporary move, the Displacing Agency shall determine and provide written assurance to each displaced resident that: 1. Comparable replacement dwellings will be made available at the earliest possible time, and in any event within twelve (12) months from the date of the move to the temporary replacement housing, provided however that the temporarily housed persons may agree to extend the 12 month limitation. 2. Comparable replacement dwellings will be made available,on a priority basis,to the individual or family who has been temporarily rehoused; 3. The move to temporary replacement housing will not affect a claimant's eligibility for a replacement housing payment nor deprive him of the same choice of replacement dwelling units that would have been made available had the temporary move not been made and the costs of a temporary move will not be considered as all or a part of relocation payments to which a displaced resident is entitled; 4. If a project plan anticipates moves back into housing accommodations in the project area, the resident who has been temporarily displaced will be given priority opportunity to obtain such housing accommodations; 5. The Displacing Agency will pay all costs in connection with the move to temporary replacement housing, including increased housing costs. B. [§ 502] Payments and Assistance for Short-Term Relocation of Tenants in Rental Rehabilitation Projects Notwithstanding §7265.3 of the Government Code or any other provision of law, tenants residing in any rental project who are displaced from the project for a period of one year or less as part of a rehabilitation of that project, that is funded in whole or in part by the Displacing Agency, - 35 - shall not be eligible for permanent housing assistance benefits pursuant to §600 of these Rules and Regulations, if all of the following criteria are satisfied: 1. The project is a "qualified affordable housing preservation project," which means any complex of two or more units whose owners enter into a recorded regulatory agreement, having a term for the useful life of the project,with any entity for the provision of project rehabilitation financing. For this purpose, the regulatory agreement shall require of the owner and all successors and assigns of the owner, as long as the regulatory agreement is in effect,that forty-nine(49)percent of the tenants in the project shall have, at the time of the recordation of the regulatory agreement, incomes not in excess of sixty (60) percent of the area median income, adjusted by household size as determined by the Department. In addition, a project is a qualified affordable housing preservation project only if the beneficiary of the regulatory agreement elects this designation by so indicating on the regulatory agreement. 2. The resident is offered the right to return to his or her original unit, or a comparable unit in the same complex if his or her original unit is not otherwise available due to rehabilitation,with rent for the first twelve(12)months subsequent to that return being the lower of the following: up to five (5) percent higher than the rent at the time of displacement; or up to thirty (30) percent of household income. 3. The estimated time of displacement is reasonable, and the temporary unit is not unreasonably impacted by the effects of the construction, taking into consideration the ages and physical conditions of the members of the displaced household. 4. All other financial benefits and services otherwise required under this chapter are provided to the residents temporarily displaced from their units, including relocation to a comparable replacement unit. Residents shall be temporarily relocated to a unit within the same complex if that unit is in a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities,services,and the displaced person's place of employment. - 36 - VI. [§ 600] RELOCATION PAYMENTS TO DISPLACED RESIDENTS A. [§ 601] Payments Required The Displacing Agency shall compensate a displaced resident for the expenses described in §602 or§603 and in§604 or§614. A displaced resident who lawfully resides on his or her business property may be eligible for both the payments described in this §600 and the payments to a displaced business provided under §700. A person who moves from his or her dwelling or who moves his or her personal property therefrom because he or she is displaced by the Displacing Agency from other real property on which he or she conducts a business shall be eligible only for payments provided for under §602 or§603. B. [§ 602] Actual Reasonable Moving Expenses A displaced resident shall be compensated for the actual reasonable expenses incurred in moving himself or herself and his or her family, including moving personal property. In all cases the amount of a payment shall not exceed the reasonable cost of accomplishing the activity in connection with which a claim has been filed. The actual reasonable expenses incurred by the displaced resident for moving and related expenses shall be compensated by the Displacing Agency on the basis of the lower of three(3)comparable, competitive bids from professional movers,unless otherwise waived by the Displacing Agency. The moving and related expenses for which claims may be filed shall include: 1. Transportation of persons and property not to exceed a distance of fifty (50) miles from the site from which the resident was displaced, except where the Displacing Agency determines that relocation beyond such distance of fifty (50) miles is justified; 2. Packing, crating, unpacking and uncrating personal property; 3. Such storage of personal property, for a period generally not to exceed twelve (12) months,as determined by the Displacing Agency to be necessary in connection with relocation; 4. Insurance of personal property while in storage or transit; 5. The reasonable replacement value of property lost, stolen, or damaged(not through the fault of the displaced resident, his or her agent or employee) in the process of moving, where insurance covering such loss, theft or damage is not reasonably available; - 37 - 6. Cost of disconnecting, disassembling, dismantling, removing, reassembling, reconnecting and reinstalling machinery, equipment or other personal property not acquired by the Displacing Agency,including connection charges imposed by public utilities for starting utility service. C. [§ 603] Alternate Payments A displaced resident who is eligible for a payment for actual reasonable moving expenses may elect to receive, and shall be paid, in lieu of such payment, a moving expense and dislocation allowance which shall be determined according to a schedule established by the Displacing Agency. The schedule shall be consistent with the residential moving expense and dislocation allowance payment schedule established by Part 24 of Title 49 of The Code of Federal Regulations. D. [§ 604] Replacement Housing Payments for Displaced Homeowners 1. [§ 605] Amount of Payment The Displacing Agency shall make, to a displaced homeowner who meets the eligibility requirements of§606, a payment not to exceed a combined total of $22,500 for: a. The amount, if any, which when added to the acquisition cost of the dwelling acquired for the project equals the reasonable cost of a comparable replacement dwelling(see§608) . This amount shall not exceed the difference between the acquisition price of the acquired dwelling and the actual purchase price of the replacement dwelling; b. The amount, if any, to compensate the displaced resident for any increased interest cost he or she is required to pay for financing the acquisition of a replacement dwelling. The payment shall not be made unless the dwelling acquired by the Displacing Agency was encumbered by a bona fide mortgage which was a valid lien on the dwelling for not less than 180 days prior to the initiation of negotiations for acquisition of such dwelling. (This time requirement may be modified in accordance with the provisions of§606b); c. Reasonable expenses incurred by the displaced resident incident to the purchase of the replacement dwelling,but not including prepaid expenses; d. The cost of rehabilitating a dwelling which does not satisfy the decent,safe and sanitary standard. 2. [§ 606] Eligibility A displaced resident is eligible for a replacement housing payment if such person satisfies the following conditions: - 38 - a. Is displaced from a dwelling that is acquired. b. Has actually owned and occupied the dwelling from which he or she is displaced as a permanent or customary and usual place of abode for not less than 180 days prior to the initiation of negotiations for acquisition of such dwelling. If an owner satisfies all but the 180 day requirement and can establish to the satisfaction of the Displacing Agency that he or she bought the dwelling with the intention of making it his or her place of residence, that the move was not motivated by a desire to receive relocation assistance and benefits, and that he or she neither knew nor should have known that public acquisition was intended, the Displacing Agency may reduce the requirement as necessary. c. Purchases and occupies a replacement dwelling within one year subsequent to the later of(i) the date on which he or she received final payment from the Displacing Agency for all costs of the acquired dwelling, or (ii) the date the Displacing Agency fulfills its obligation to make available at least one comparable replacement dwelling to the Displaced Person. Where for reasons beyond the control of the displaced resident completion of construction, rehabilitation, or relocation of a replacement dwelling is delayed beyond the date by which occupancy is required,the Displacing Agency shall determine the date of occupancy to be the date the displaced resident enters into a contract for such construction, rehabilitation, or relocation or for the purchase, upon completion, of a dwelling to be constructed or rehabilitated, if, in fact the displaced resident occupies the replacement dwelling when the construction or rehabilitation is completed. Where for reasons of hardship or circumstances beyond the control of the displaced resident,such person is unable to occupy the replacement dwelling by the required date, the Displacing Agency may extend the deadline in its sole discretion. No person otherwise eligible for payment, shall be denied such eligibility as a result of being unable, because of a major state or national disaster,to meet the occupancy requirements contained herein. 3. [§ 607] Computation of Replacement Housing Payment a. [§ 608] Reasonable Cost of Comparable Replacement Dwelling In determining the reasonable cost of a comparable replacement dwelling, the Displacing Agency shall use one of the following methods: (1) Comparative Method. On a case by case basis by determining the listing price of dwellings which have been selected by the Displacing Agency and which are most representative of the acquired dwelling unit and meet the definition of a comparable replacement dwelling. Whenever possible the listing price of at least three dwellings shall be considered. - 39 - (2) Schedule Method. Where the Displacing Agency determines the comparative method is not feasible, it may establish a schedule of reasonable acquisition costs for the various types of comparable replacement dwellings. The Displacing Agency shall cooperate with other entities causing displacement in the area to establish a uniform schedule. The schedule shall be based on a current analysis of the market to determine a reasonable cost for each type of dwelling to be purchased. In large urban areas,the analysis may be confined to the sub-area from which persons are displaced or may cover several different sub-areas; if they satisfy or exceed the criteria for a comparable replacement dwelling. To assure the greatest comparability of dwellings in any analysis,the analysis shall be divided into classifications of the type of construction, number of bedrooms, and price ranges. (3) Alternative Method. Where the Displacing Agency determines that neither the schedule, nor comparative method is feasible in a given situation, by the use of another reasonable method selected by the Displacing Agency. Whichever method is selected, the cost shall be updated to within three months of the date of purchase of the replacement dwelling. b. [§ 609] Increased Interest Cost Increased interest cost shall be equal to the discounted present value of the difference between the aggregate interest applicable to the amount of the principal of the mortgage on the acquired dwelling over its remaining term at the time of acquisition, and other debt service costs, and the aggregate interest paid on the mortgage on the replacement dwelling, and other debt service costs. The term and amount of the mortgage on the replacement dwelling for the purposes of this section shall be the lesser of the remaining term and amount of the mortgage on the acquired dwelling, or the actual term and amount of the mortgage on the replacement dwelling. The amount of the debt service cost with respect to the replacement dwelling shall be the lesser of the debt service cost based on the cost required for a comparable replacement dwelling, or the debt service cost based on the actual cost of the replacement dwelling. Prepaid interest or "points" shall be considered in the determination of the aggregate interest. In calculating the amount of compensation, increased interest cost shall be reduced to discounted present value using the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located. - 40 - c. [§ 610] Expense Incidental to the Purchase of the Replacement Dwelling The replacement housing payment shall include the amount necessary to reimburse the displaced resident for actual, reasonable costs incurred, incident to the purchase of the replacement dwelling, including but not limited to the following: (1) Reasonable legal, closing, and related costs including title search, preparing conveyance contracts,notary fees, surveys,preparing drawings or plans, and charges paid incident to recordation; (2) Lender, FHA, VA or similar appraisal costs; (3) FHA, VA, or similar application fee; (4) Cost for certification of structural soundness; (5) Credit report charges; (6) Charge for owner's and mortgagee's evidence or assurance of title; (7) Escrow agent's fee; (8) Sales and transfer taxes. Payment for any such expenses shall not exceed the amount attributable to the purchase of a replacement dwelling. Such expenses shall be reasonable and legally required or customary within the boundaries of the City. Reimbursement shall not be made under the provisions of this section for any fee, cost,charge, or expense which is determined to be a part of the debt service or finance charge under Title I of the Truth in Lending Act and Regulation Z issued pursuant thereto by the Board of Governors of the Federal Reserve System. Any such sum should be considered in the determination of increased interest cost. 4. [§ 611] Multi-Family Dwelling In the case of a displaced homeowner who is required to move from a one-family unit of a multi-family building which he or she owns,the replacement housing payment shall be based on the cost of a comparable one-family unit in a,multi-family building of approximately the same density or if that is not available in a building of the next less density, or, if a comparable one-family unit in such a multi-family building is not available,the cost of any otherwise comparable single-family structure. 5. [§ 612] Homeowner Retention of Dwelling If a displaced homeowner elects to retain, move, and occupy his or her dwelling, the amount payable as the replacement housing payment is the difference between the acquisition price of the acquired property and the sum of the moving and restoration expenses,the cost of correcting decent, safe, and sanitary deficiencies,if any, and the actual purchase price of a comparable relocation site. - 41 - The payment shall not exceed the amount of the replacement housing payment to which the homeowner would otherwise be entitled. 6. [§ 613] Lease of Condominium • For the purpose of§604 through §612, the leasing of a condominium for a 99-year period, or for a term which exceeds the life expectancy of the displaced resident as determined by the most recent life tables in Vital Statistics of the United States, as published by the Public Health Service of the Department of Health,Education and Welfare or successor acceptable index,shall be deemed a purchase of the condominium. E. [§ 614] Replacement Housing Payments for Tenants and Certain Others 1. [§ 615] Amount of Payment The Displacing Agency shall make,to a displaced tenant who meets the eligibility requirements of§616, a payment not to exceed $5,250.00 for either: a. An amount necessary to enable such person to lease or rent a comparable replacement dwelling for a period not to exceed 42 months; or b. An amount necessary to enable such person to make a downpayment on the purchase of a decent, safe and sanitary replacement dwelling (including incidental expenses described in §610). 2. [§ 616] Eligibility A displaced resident is eligible for a replacement housing payment if such person satisfied the following conditions: a. Has actually and lawfully occupied the dwelling from which he or she is displaced for a period of not less than 90 days prior to the initiation of negotiations for acquisition of such dwelling. If a resident satisfies all but the 90-day requirement and can establish to the satisfaction of the Displacing Agency that he or she occupied the dwelling with the intention of making it his or her place of residence,that the move was not motivated by a desire to receive relocation assistance and benefits, and that he or she neither knew nor should have known that public acquisition was intended, the Displacing Agency may reduce the requirements as necessary. b. Is not eligible to receive a replacement housing payment for homeowners or elects not to receive such payment. Where the displaced resident is the owner-occupant of the dwelling for at least 90 days but not more than 180 days -42 - immediately prior to the initiation of negotiations for the acquisition of the dwelling, the payment made under §615b shall not exceed the amount of payment to which the resident would be entitled under §605. c. The displaced resident shall within one year from the date of displacement rent or purchase(as the case may be)and occupy a replacement dwelling. Where for reasons beyond the control of the displaced resident,completion of construction, rehabilitation, or relocation of a replacement dwelling is delayed beyond the date by which occupancy is required,the Displacing Agency shall determine the date of occupancy to be the date the displaced resident enters into a contract for such construction, rehabilitation, or relocation or for rental or purchase, upon completion, of a dwelling to be constructed or rehabilitated, if, in fact, the displaced person occupies the replacement dwelling when the construction or rehabilitation is completed. Where for reasons of hardship or circumstances beyond the control of the displaced resident,such person is unable to occupy the replacement dwelling by the required date,the Displacing Agency may extend the deadline in its sole discretion. No person otherwise eligible for payment, shall be denied such eligibility as a result of his or her being unable,because of a major state or national disaster,to meet the occupancy requirements contained herein. 3. [§ 617] Computation of Replacement Housing Payment a. [§ 618] Rent Differential Payment The amount of payment necessary for a displaced resident to lease or rent a comparable replacement dwelling shall be computed by subtracting forty-two (42)times the base monthly rental of the displaced resident, from forty-two (42)times the monthly rental for a comparable replacement dwelling; provided, that in no case may such amount exceed the difference between forty-two (42) times the base monthly rental and forty-two (42) times the monthly rental actually required for the replacement dwelling occupied by the displaced resident. (1) Base Monthly Rental. The base monthly rental shall be the lesser of: (a) the average monthly rental paid by displaced resident for the 3-month period prior to initiation of negotiations; or (b) thirty percent(30%)of the displaced resident's average monthly gross income. Where the displaced resident was the owner of the dwelling from which he or she was displaced or was not required to pay rent for that dwelling, or where the rental is unrealistically low, the economic rent shall be used in lieu of the average monthly rental to calculate base monthly rental. - 43 - (2) Rental for Comparable Replacement Dwelling. The monthly rental for a comparable replacement dwelling shall be determined by the Displacing Agency using one of the following methods: (a) Comparative Method. On a case by case basis by determining the listing rental of dwellings which are most representative of the acquired dwelling and meet the definition of a comparable replacement dwelling. Whenever possible the listing rental of at least three dwellings shall be considered. (b) Schedule Method. Where the Displacing Agency determines the comparative method is not feasible, it may establish a schedule of reasonable rental charges for the various types of comparable replacement dwellings. The Displacing Agency shall cooperate with other entities causing displacement in the area to establish a uniform schedule. The schedule shall be based on a current analysis of the market to determine a reasonable rental charge for each type of dwelling to be rented. The analysis may be confined to other sub-areas from which the persons are displaced or may cover several different sub-areas if they satisfy or exceed the criteria for a comparable replacement dwelling. To assure the greatest comparability of dwellings in any analysis, the analysis shall be divided into classifications of the type of construction, number of bedrooms, and range of rental charges. (c) Alternative Method. Where the Displacing Agency determines that neither the schedule, nor comparable method is feasible in a given situation, by the use of another reasonable method selected by the Displacing Agency. Whichever method is selected the cost shall be updated to within three (3) months of the date of rental of the replacement dwelling. In calculating the base monthly rental and the rental for a comparable replacement dwelling the Displacing Agency will include as a component of rent the cost or estimated cost of utilities, but not including telephone service. b. [§ 619] Downpayment The downpayment for which a payment specified in§615b may be made, shall not exceed the amount of a reasonable downpayment for the purchase of a comparable replacement dwelling where such purchase is financed, plus expenses incident to the purchase of a replacement dwelling - 44 - computed in accordance with §610. The full amount of a downpayment shall be applied to the purchase of the replacement dwelling and shall be shown on the closing statement or other document acceptable to the Displacing Agency. 4. [§ 620] Rental Payments for Displaced Homeowners and Dependents a. [§ 621] Homeowners A displaced homeowner who elects to rent rather than purchase a replacement dwelling and who meets the eligibility requirements of§616 is eligible for the rent differential payment specified in §618. b. [§ 622] Dependents A dependent who is residing separate and apart from the person or family providing support, whether such separate residence is permanent or temporary,shall be entitled to payment under§614, but such payment shall be limited to the period during which the displaced dependent resides in the replacement dwelling. For the purposes of this section, "dependent" shall be a person who derives fifty-one percent (51%) or more of his or her income in the form of gifts, from any private person or any academic scholarship or stipend. Full time students shall be presumed to be dependents but this presumption may be rebutted by demonstrating that fifty percent(50%)or more of their income is derived from sources other than gifts from another private person or academic scholarship or stipends. Dependents residing with the family of which they are a part shall not be entitled to any payment except as a part of the family. F. [§ 623] Payments to Residents Displaced from Manufactured Homes and Mobile Homes 1. [§ 624] Payments Required The eligibility requirements and payment provisions of§600 through §619 are applicable to displaced residents who are owners or tenants of manufactured homes and mobile homes. 2. [§625] Moving Expenses: Retention and Move of Manufactured Home or Mobile Home If a manufactured home or mobile home is moved to another site and the displaced resident elects to be compensated for actual reasonable moving expenses (and not an alternate payment pursuant to §603), then the displaced resident shall be paid an amount for moving expenses determined in accordance with the applicable provisions of §703, Actual Reasonable Moving Expenses for a displaced business. - 45 - 3. [§ 626] Replacement Housing Payments • The Displacing Agency shall make a replacement housing payment to a displaced resident who is displaced from his or her manufactured home and mobile home in the following situations: a. A resident who owns a manufactured home or mobile home and site and, as a replacement, purchases both a dwelling and site, shall be provided a payment in accordance with§604. A resident who owns a manufactured home or mobile home and site and, as a replacement, rents both a dwelling and site, shall be provided a payment in accordance with §614. b. A resident who rents a manufactured home or mobile home and site and, as a replacement,rents or purchases a dwelling and site,shall be provided a payment in accordance with §614. c. A resident who owns a manufactured home or mobile home and site, and, as a replacement,purchases a dwelling and rents a site,shall be provided a payment in accordance with §604 and §614. The payment shall be limited to the lesser of: (1) The amount necessary to purchase a conventional comparable replacement dwelling; or (2) The amount necessary to purchase a replacement manufactured home or mobile home(in accordance with§604)plus the amount necessary to rent a replacement site(in accordance with §614). In calculating this amount, the economic rent for the site shall be used in lieu of average monthly rental to determine base monthly rent. d. A resident who owns a site from which he or she moves a manufactured home and mobile home shall be provided a payment under§604 ifhe or she purchases a replacement site and under §614 if he or she rents a replacement site. e. A resident who owns a manufactured home or mobile home which is acquired and rents the site shall be provided payment as follows: (1) If a manufactured home or mobile home is not available the amount required to purchase a conventional replacement dwelling (in accordance with §604); (2) The amount necessary to purchase a replacement manufactured home or mobile home(in accordance with§604)plus the amount necessary to lease, - 46 - rent or make a down payment on a replacement site (in accordance with §614); or (3) If he or she elects to rent a replacement manufactured home or mobile home and site, the amount required to do so in accordance with §614. In calculating this payment, the average monthly rental shall equal the economic rent for the manufactured home or mobile home plus the actual rent for the site. f. Similar principles shall be applied to other possible combinations of ownership and tenancy upon which a claim for payment might be based. G. [§ 627] Proration of Payments For the purpose of calculating an alternate payment under §603, or a replacement housing payment under§604 or§614, two or more individuals (whether they are members of one family or not) living together in, and displaced from, a single dwelling shall be regarded as one displaced resident. If two or more such individuals submit more than one claim, an eligible claimant for a payment may be paid only his or her reasonable pro rata share (as determined by the Displacing Agency) of the total payment applicable to a single displaced resident. The total of the payments made to all such claimants moving from the dwelling unit shall not exceed the total payment allowed to be made to a single displaced resident. Where a tenant is sharing a single-family dwelling with an owner-occupant,the tenant shall not be entitled to more than one-half of the rental assistance payment otherwise payable. The owner-occupant shall not be required to share the replacement housing payment to which he or she is entitled or to accept a prorated amount. H. [§ 628] Payment After Death A replacement housing payment is personal to the displaced person and upon his or her death the undistributed portion of any such payment shall not be paid to his or her heirs or assigns, except that: 1. The cost attributable to the displaced person's actual occupancy of the replacement housing shall be paid; 2. The full payment shall be disbursed in any case in which a member of a displaced family dies and the other family members continues to occupy the replacement dwelling selected in accordance with the regulations in this part; and - 47 - 3. That portion of a replacement housing payment necessary to satisfy the legal obligation of an estate in connection with the selection of a dwelling by or on behalf of a deceased person shall be disbursed to the estate. - 48 - I. [§ 700] RELOCATION PAYMENTS TO DISPLACED BUSINESSES A. [§ 701] Payments Required The Displacing Agency shall compensate the owner of a displaced business for the expenses described in §702 through §706 or §713 through §719. Whenever the acquisition of real property used for a business causes the business to move from other real property upon which the same business is conducted, or to move its personal property therefrom, such business shall receive payments for moving and related expenses under§702 and §703 in connection with its move from such other real property. B. [§ 702] Moving Expenses 1. [§ 703] Actual Reasonable Moving Expenses A displaced business shall be compensated for the actual reasonable expenses incurred for moving the business including moving personal property. In all cases the amount of payment shall not exceed the reasonable cost of accomplishing the activity in connection with which a claim has been filed. The moving and related expenses for which claims may be filed shall include: - a. Transportation of persons and property not to exceed a distance of fifty (50) miles from the site from which the business was displaced, except where the Displacing Agency determines that relocation beyond such distance of fifty(50) miles is justified; b. Packing, crating, unpacking, and uncrating personal property; c. Such storage of personal property for a period generally not to exceed twelve (12) months, as determined by the Displacing Agency to be necessary in connection with relocation; d. Insurance of personal property while in storage or transit; e. The reasonable replacement value of property lost, stolen, or damaged (not through the fault or negligence of the displaced business, its agents or employee)in the process of moving,where insurance covering such loss,theft, or damage is not reasonably available; - 49 - f. The cost directly related to displacement of modifying the machinery, equipment, or other personal property to adapt it to the replacement location or to utilities available at the replacement location or modifying the power supply. Claims for payment under this subsection shall be subject to the following limitations: (1) Reimbursement costs shall be reasonable in amount. (2) The cost could not be avoided or substantially reduced at an alternate available and suitable site to which the business was referred. g. The cost of any license,permit,or certification required by a displaced business concern to the extent such cost is necessary to the reestablishment of its operation at a new location; h. The reasonable cost of consultants including: architects, engineers, or others providing general or specialized services necessary for(i)planning the move of the personal property,or(ii)moving the personal property,or(iii)installing the relocated personal property at the replacement location. For purposes of this paragraph, and in order to avoid duplication of payment, all such services shall not be deemed "necessary" when the services have been or will be provided by the Displacing Agency or consultants retained by the Displacing Agency. The necessity of other services not provided by the Displacing Agency shall be determined by the Displacing Agency. Payment for all of the above necessary services must be approved in writing by the Displacing Agency prior to their use. Information on the area of expertise and the qualifications of such persons must be provided for review, and a reasonable hourly rate or fee must be approved by the Displacing Agency before any costs are incurred, otherwise, such services are not reimbursable. An itemized statement of all services shall be provided to the Displacing Agency stating the dates of such services;the location where services were provided;the name, address and telephone of person or firm providing services. i. Where an item of personal property which is used in connection with any business is not moved but is replaced with a comparable item, reimbursement in an amount not to exceed the lesser of: (1) The reasonable replacement cost of the personal property, minus net proceeds (if any) realized from the sale of all or part of the property, - 50 - (2) The estimated reasonable cost of moving the personal property, as determined by the Displacing Agency. In order to obtain a payment under this paragraph, the displaced business shall make a bona fide effort to sell the personal property for which the payment is claimed at the highest price offered after reasonable efforts have been made over a reasonable period of time to interested prospective purchasers. The displaced business shall be reimbursed for the reasonable costs of such effort to sell the tangible personal property. j. Where,in the judgment of the Displacing Agency,the cost of moving any item of personal property of low value and high bulk which is used in connection with any business would be disproportionate in relation to its value, the allowable reimbursement for the expense of moving such property shall not exceed the difference between the cost of replacing the same with a comparable item available on the market and the amount which would have been received for such property on liquidation. This provision may,in appropriate situations, be applied to claims involving the moving of junk yards, stockpiles, sand, gravel,minerals, metals, and similar property. k. A displaced business which conducts a lawful activity primarily for assisting in the purchase, sale, resale, manufacture, processing, or-marketing of products, commodities,personal property,or services by the erection and maintenance of outdoor advertising displays is entitled to payment for the reasonable cost of moving such displays or their in-place value, whichever is less. 20 [§ 704] Actual Direct Loss of Tangible Personal Property A displaced business shall be compensated for the actual direct loss of tangible personal property of the displaced business or farm operation attributable to moving or discontinuing such business. The total amount of the payment by the Displacing Agency for such loss shall not exceed an amount equal to the estimated reasonable cost of moving the personal property,as determined by the Displacing Agency. Subject to such limitation, the actual direct loss of personal property for which claims may be filed shall be determined by appraising either: a. The in-use value (fair market value of the personal property for continued use at its location prior to displacement)minus net proceeds realized from the sale of all or part of the property; or b. The estimated reasonable costs of relocating the property. - 51 - The actual direct loss of personal property shall be computed and based on an appraisal obtained by either the Displacing Agency or the displaced business,and approved by the Displacing Agency. In order to obtain a payment for the actual direct loss of personal property, the displaced business shall make a bona fide effort to sell the personal property for which the loss is claimed at the highest price offered after reasonable efforts have been made over a reasonable period of time to interested prospective purchasers. The reasonable cost of an effort to sell the personal property shall be added to the determination of loss under this section. In the event personal property which is sold or abandoned is promptly replaced with a comparable item, no payment for the actual direct loss of such personal property shall be made to the displaced business by the Displacing Agency; instead, the displaced business shall be paid the amount specified in §703j. 3. [§ 705] Actual Reasonable Expenses in Searching for a Replacement Business Actual Reasonable Expenses incurred in searching for a replacement business site which may include: transportation within a radius of fifty(50)miles from the boundaries of the City,meals and lodging if necessary, an amount to cover time spent during normal working hours and proven reasonable fees paid to a real estate broker or agent to locate to a new site. The maximum total amount of reimbursement for searching expenses for a new location is One Thousand and No/100 ($1,000.00) Receipted invoices,bills,receipts,and a completed Displacing Agency Searching Cost Form must be certified and submitted for all expenses claimed. Costs incurred in inspecting sites beyond a fifty (50)mile radius are not eligible. C. [§ 706] Actual Reasonable Expenses To Reestablish A Small Business or Nonprofit Organization 1. Eligible Reestablishment Expenses In addition to moving expense payments,a farm,nonprofit organization or small business shall be entitled to actual and reasonable reestablishment expenses, not to exceed $10,000.00. Reestablishment expenses shall be only those expenses that are reasonable and necessary and include,but are not limited to: a. Repairs or improvements to the replacement property as required by federal, state or local law, code or ordinance. b. Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business. c. Construction and installation costs for exterior signing to advertise the business. - 52 - d. Provision of utilities from right-of-way to improvements on the replacement site. e. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or carpeting. f. Licenses, fees and permits when not paid as part of moving expenses. g. Feasibility surveys, soil testing and marketing studies. h. Advertisement of replacement location. i. Professional services in connection with the purchase or lease of a replacement site. j. Estimated increased costs of operation during the first 2 years at the replacement site for such items as: (1) Lease or rental charges, (2) Personal or real property taxes, (3) Insurance premiums, and (4) Utility charges, excluding impact fees. k. Impact fees or one-time assessments for anticipated heavy usage. 1. Other items essential to the reestablishment of the business. 2. Ineligible Reestablishment Expenses The following is a nonexclusive listing of reestablishment expenditures not considered to be reasonable, necessary, or otherwise eligible: a. Purchase of capital assets, such as, office furniture, filing cabinets,machinery, or trade fixtures. b. Purchase of manufacturing materials, production supplies, product inventory, or other items used in the normal course of the business operation. c. Interior or exterior refurbishment at the replacement site which are for aesthetic purposes, except as provided in §706 1.e., above. d. Interest on money borrowed to make the move or purchase of the replacement property. - 53 - e. Payment to a part-time business in the home which does not contribute materially to the household income. D. [§ 707] Business Supplement Payment Displacing Agency may, in its sole and absolute discretion, and without establishing any precedent, provide the Displaced Business a "Business Supplement Payment" not to exceed the amount of 510,000. The business supplement payment, or any portion thereof, shall be in excess any payment made pursuant to §703 and §706. The business supplement payment is not mandated by the requirements of the Act nor the Guidelines, and thus; is provided by the Displacing Agency as an additional benefit in excess of the requirements of the Act and the Guidelines. A Business Supplement Payment, or any portion thereof,made to the displaced business shall be considered payment made pursuant to Code of Civil Procedures 1263.510 et seq., (the Eminent Domain Law, Chapter 9, Article 6 - "Compensation of Loss of Goodwill"). Any payment made to the displaced business for loss of goodwill shall be reduced in the same amount of the business supplement payment. 1. [§ 708] Eligibility The owner of a displaced business who has owned, occupied, or operated from the business facility which is acquired by the Displacing Agency for a period of at least 180 days prior to the initiation of negotiations by the Displacing Agency for acquisition of the business facility or real property,may file a claim for a business supplement payment. Eligibility for a business supplement payment is subject to the determination of the Director of the Displacing Agency, or his/her designee,on a case-by-case basis. Written authorization for such a payment must be obtained from the Displacing Agency prior to the claimant's move from the old location.Compensation under this section will be approved for payment in advance only if the displaced business demonstrates the following to the Displacing Agency's satisfaction: a. The owner rents or purchases a comparable replacement business facility, functionally equivalent and substantially the same as the acquired facility, as verified by the Displacing Agency's representative. The payment may be prorated based upon the relationship of square footage between the old and new facilities; b. No other practical potential relocation space exists,available and equal to or less expensive, after a minimum of 90 days of searching and or certification by the Displacing Agency's relocation representative of this situation; and c. No suitable relocation site is available that does not require such alterations or improvements, or requires substantially less modification. - 54 - d. The cost of any alteration or improvement is reasonable in amount. e. The displaced business was entitled to and did not receive compensation for comparable alterations or improvements at the old location. f. No alternative means of providing the necessary alterations or improvements to the new location are available. g. The alterations or improvements are required by code because of the use. h. The alterations or improvements relate to a need for access, or are necessary because of the configuration of the users's operation. i. The alterations or improvements are related specifically to the nature of the use and occupancy of the business or are necessary to the operation of the business. j. The Displacing Agency in its sole discretion may waive one or more of these provisions on a case-by-case basis. k. The Displaced business does not file for and obtain an in-lieu or alternate payment under §713,below. 2. [§ 709] Eligible Expenses The "Eligible Reestablishment Expense" categories, as defined in §706, shall pertain to the eligible expenses for the business supplement payment, whether the displaced business is a large business, small business, farm or non-profit organization. In addition to the expense categories as defined in §706, a displaced business electing to purchase may be eligible for a business supplement payment to be used as a down payment on a replacement business facility not to exceed the amount of$10,000. The amount of the business supplement payment for a business that elects to purchase shall be determined by the Director of the Displacing Agency or his/her designee, in accordance with the following criteria. However, the Displacing Agency may impose other reasonable conditions upon businesses wishing to purchase. a. An amount equal to the difference for one year,between the actual or economic rent of the old location, whichever is higher, and the economic rent of a comparable site, up to a maximum of $10,000 will be paid into an escrow toward the down payment. If the escrow does not close, or if the funds deposited by the Displacing Agency are not used for purposes of this section, the funds shall be returned by escrow or by the displacee to the Displacing Agency. - 55 - b. The term "rent" for purposed of this section shall include the following items, if reasonably required to be paid by the business: (1) Lease or rental charges, (2) Personal or real property taxes, (3) Insurance premiums, (4) Utility charges, excluding impact fees, and 3. [§ 710] Conditions and Limitations Any displaced business seeking compensation under this section must conform to the procedures and conditions set forth below: a. In any case where it appears the move of a displaced business will require physical changes at the replacement location, the displaced business must discuss its plans with the Displacing Agency staff or its relocation consultant prior to initiating any action related to the rental or purchase of the replacement site. b. Prior to the displaced business making any commitments for the rental or purchase of a replacement site, the Displacing Agency and/or its relocation consultant must be advised of the site selected and of the anticipated changes needed at the new site. c. A preliminary inspection shall then be made on the replacement site by the Displacing Agency and/or its authorized representatives and the Displacing Agency may in its discretion, contact the city officials about the proposed use and physical improvements. d. Subsequent to the inspection and verification of appropriate zoning,the business must submit the following information to the Displacing Agency. a. A copy of the lease proposal (minimum of 12 month duration) or a purchase agreement. b. A detailed plot plan, to scale and dimension, of the external and internal layout of the business at its present site. c. A listing of proposed physical changes both external and internal at the replacement site, including a detailed list of estimated costs. d. A scope of services and drawings of the proposed physical changes to scale and dimension. - 56 - e. A statement explaining why the changes are necessary for the business concern, e.g., City code requirements, business needs. f. A Business Supplement Payment Calculation for Businesses Electing to Rent and/or Electing to Purchase, as appropriate, a sample of which is incorporated as Exhibit`B". 4. [§ 711] Bid and Payment Procedures a. A scope of services for all physical changes shall be prepared jointly by the displaced business and the Displacing Agency or its representative. Any physical changes not approved by the Displacing Agency in writing shall be done at the sole cost and responsibility of the displaced business. That portion of the physical changes for which the Displacing Agency is responsible shall be so specified. The scope of services shall be subdivided to reflect the specific responsibilities of each trade that will perform a separate category of services and shall be included with the invitation for bids to contractors. b. Bids shall be obtained by the business concern. It is the business owners's responsibility to verify that the bidding parties are licensed by the appropriate state/city entities to perform the services as outlined on the bid and that the work to be done is consistent with City zoning and building ordinances and policies. Three firm bids must be obtained if costs exceed$1,000. Three sealed firm bids must be obtained if costs exceed$3,000. Bid forms approved by the Displacing Agency shall be used for securing bids for physical changes. c. If the business concern is unable to obtain three bids for any category of work, its proposal to obtain a lesser number and the justification therefor shall be submitted, in writing, to the Displacing Agency. No relocation payment shall be made in such cases unless the Displacing Agency finds the justification acceptable. In the event that no bids are obtained,the Displacing Agency shall obtain a technical evaluation of the cost of the proposed physical changes and allow work to proceed on an actual-cost basis supported by adequate documentation provided by the business. d. The business concern shall open sealed bids at a designated time and place. An authorized Displacing Agency representative shall be present at the opening unless indicated otherwise by the Displacing Agency. Those who have submitted bids may also be present. e. The Displacing Agency shall be provided with a copy of each bid submitted immediately following the bid opening. - 57 - f. If it is deemed desirable by the Displacing Agency solely in its discretion in order to verify the reasonableness of bids obtained by the business concern,the Displacing Agency shall obtain an independent analysis or estimate of the cost of the improvements. g. Any contracts for physical improvements at the new location shall be exclusively between the business concern and the contractor. h. The Displacing Agency will review all of the bids and advise the business owner of the low bid amount. The business owner may, however, use a different contractor. The Displacing Agency is responsible for reimbursing the business owner for not more than the lowest bid amount, plus reasonable unforeseen changes approved in advance in writing by the Displacing Agency. i. The Displacing Agency must be provided with a copy of the contract between the business owner and the contractor prior to execution of same, in order that the Displacing Agency may verify that the contractor and/or the agreement conforms to the bid and scope of services. j. If progress payments are required,the business owner must submit copies of the invoices to the Displacing Agency in a timely manner. Displacing Agency staff or their representative must inspect the progress on-site, prior to submitting claims for reimbursement. Once payment is approved by the Displacing Agency, the check will be issued jointly to the business owner and the contractor. k. It is the business owner's responsibility to secure waiver of mechanic's liens on all sub-contract labor and materials. 1. All physical changes as approved by the Displacing Agency must be completed within twelve (12) months of the date of displacement of the business, or the Displacing Agency's responsibility to pay for improvements shall cease. m. All documented claims for physical changes must be submitted to the Displacing Agency within eighteen(18)months of the date of displacement,or the Displacing Agency's responsibility to pay for improvements shall cease. 5. [§ 712] Limitations No business supplement payment shall be paid unless the displaced business commences in the replacement business facility within one year from the date of displacement. If no such business facility is available during the said one year period, the Displacing Agency may waive this requirement. Regardless of whether joint occupants displaced from a single business facility are - 58 - reestablished in more than one replacement facility, the business supplement payment shall not exceed the maximum in an aggregate amount of$10,000. F. [§ 713] Alternate Payment 1. [§ 714] Determination of Payments a. [§ 715] Amount of Payment A displaced business which moves or discontinues, and which meets the eligibility requirements of§717,may elect to receive and shall be paid,in lieu of the payments for which it is otherwise entitled under§702, a payment equal to the average annual net earnings of the business, except that such payment shall not be less than one thousand dollars($1,000.00)or more than twenty thousand dollars ($20,000.00). Said dollar limitation shall apply to a single business regardless of whether it is carried on under one or more legal entities. b. [§ 716] Determination of Number of Businesses In determining whether one or more legal entities, all of which have been acquired, constitute a single business, the following factors among others, shall be considered: (1) The extent to which the same premises and equipment are shared; (2) The extent to which substantially identical or intimately interrelated business functions are pursued and business and financial affairs are commingled; (3) The extent to which such entities are held out to the public, and to those customarily dealing with such entities, as one business; (4) The extent to which the same person or closely related persons own, control, or manage the affairs of the entities. 2. [§ 717].Eligibility a. [§ 718] Business A displaced business is eligible for the payment provided for in §713 only if the Displacing Agency determines that: (1) The business is not operated solely for rental purposes and cannot be relocated without a substantial loss of its existing patronage, based on a consideration of all pertinent circumstances including such factors as the - 59 - persons, community, or clientele served by the activities of the nonprofit organization); and h. The nonprofit organization is not a part of an enterprise having more than three (3) other establishments not being acquired which is engaged in the same or similar activity. 3. [§ 720] Loss of Goodwill When payment under this section will precede settlement of a claim for compensation for loss of goodwill under the Eminent Domain Law,the Displacing Agency before tendering payment shall state in writing what portion of the payment, if any, is considered to be compensation for loss of goodwill and shall explain in writing that any payment made pursuant to Code of Civil Procedures 1263.510 et seq., (the Eminent Domain Law, Chapter 9, Article 6 - "Compensation of Loss of Goodwill")will be reduced in the same amount. The portion considered to be compensation for loss of goodwill shall not exceed the difference between the payment made under this section and an amount which reasonably approximates the payments for which the displaced person otherwise would be eligible to receive under§703 through§712. Failure to provide such written statement and explanation shall constitute a conclusive indication that no portion of the payment is considered to be compensation for loss of goodwill for the purposes of that portion of the Code of Civil Procedure referenced above. - 61 - type of business conducted, the nature of the clientele, the relative importance to the displaced business of its present and proposed location, and the availability of a suitable relocation site; (2) The business is not part of a commercial enterprise having no more than three (3) other establishments which are not being acquired for a project and which is engaged in the same or similar business. Whenever the sole remaining facility of a business has been displaced from its principal location: (a) Has been in operation for less than two years; (b) Has had average annual gross receipts of less than $2,000.00 during the two taxable years prior to displacement of the major component of the business; or (c) Has had average annual net earnings of less than$1,000.00 during the two taxable years prior to displacement of the major component of the business, the remaining facility will not be considered another "establishment" for purposed of this section; and (3) The displaced business: (a) Has average annual gross receipts of at least$5,000.00 during the two taxable years prior to displacement; or (b) The displaced business had average annual net earnings of a least $1,000.00 during the two taxable years prior to displacement; or (c) The displaced business contributed at least 331/3 percent of the total gross income of the owner(s) during each of the two taxable years prior to displacement. If in any case, the Displacing Agency determines that the two year period prior to displacement is not representative of average receipts,earnings or income,the Displacing Agency may make use of a more representative period. (d) If application of the above criteria creates an inequity or hardship,the Displacing Agency may use other criteria as permitted in 49 CFR 24.306. b. [§ 719] Nonprofit Organizations For purposes of applying§713 to nonprofit organizations,no payment shall be made unless the Displacing Agency determines that: g. The nonprofit organization cannot be relocated without a substantial loss of its existing patronage (the term "existing patronage" as used in connection with a nonprofit organization includes the membership, - 60 - IX. [§ 900] CLAIM AND PAYMENT PROCEDURES; TERMINATION OF RELOCATION ASSISTANCE A. [§ 901] Filing of Claims All claims for relocation assistance and payments filed with the Displacing Agency shall be submitted within eighteen(18)months of the date on which the claimant receives final payment for the property or the date on which claimant moves,whichever is later. The Displacing Agency may, in its sole discretion, extend this period upon a proper showing of good cause. B. [§ 902] Documentation in Support of Claim 1. [§ 903] Moving Expenses a. [§ 904] Commercial Moves Except in the case of a displaced resident or displaced business electing to"self move",a claim for payment of actual reasonable moving expenses shall be supported by a bill or other evidence of expenses incurred. Each claim in excess of one thousand dollars ($1,000) for the costs incurred by a displaced business in moving the business operation shall be supported by at least three(3) competitive bids. If the Displacing Agency determines that compliance with the bid requirement is impractical, or if estimates in an amount less than one thousand dollars ($1,000) are obtained, a claim may be supported by estimates in lieu of bids. b. [§ 905] Self-Moves Approval of a self-move shall be conditioned upon whether the displaced business has a permanent replacement site to move to. If so, the Displacing Agency may, at its sole discretion, approve a payment for moving expenses, in an amount not to exceed the lowest acceptable bid or estimate obtained by the Displacing Agency. A self-move to storage may be approved by the Displacing Agency at its sole discretion. c. [§ 906] Exemption from Public Utilities Commission Regulations Whenever the Displacing Agency must pay the actual cost of moving a displaced person or business, the costs of such move shall be exempt from regulation by the Public Utilities Commission. The Displacing Agency may solicit competitive bids from qualified bidders for performance of the work. Bids submitted in response to such solicitations shall be exempt from regulation by the Public Utilities Commission. - 63 - VIII. [§ 800] CITIZEN PARTICIPATION A. [§ 801] General Requirements The Displacing Agency shall assure the following: 1. Timely and full access to all documents relevant to the relocation program. The Displacing Agency may reasonably restrict access to material where its confidentiality is protected by law or its disclosure is prohibited by law. The Displacing Agency shall ensure that the information in documents,the provision of which would result in disclosure of the identity of eligible persons,is provided in a manner designed to avoid such disclosure. This obligation to avoid improper disclosure shall not affect the right of the person to which the information relates,or any other person authorized in writing by such person, to inspect such documents. 2. The provision of technical assistance necessary to interpret elements of the relocation plan and other pertinent materials. 3. The right to submit written or oral comments and objections, including the right to submit written comments on the relocation plan and to have these comments attached to any Relocation Plan when it is forwarded to the City Council. (see §319 et seq.) 4. Prompt,written responses to any written objections or criticisms. B. [§ 802] Relocation Committee When a substantial number of persons will be displaced from their dwellings, the Displacing Agency shall encourage the residents and community organizations in the displacement area to form a relocation committee.The committee shall include,when applicable,residential owner occupants, residential tenants,business people, and members of existing organizations within the area. In lieu of initiating a new process of citizen participation, public entities which have conducted or are conducting a citizen participation process as part of an existing development program may substitute such process if it satisfied the requirements of this section. If a substantial number of persons will not be displaced from their dwellings, the Displacing Agency shall at least consult with and obtain the advice of residents and community organizations and make the relocation plan available to such persons and organizations prior to submitting it to the legislative body for approval. C. [§ 803] Replacement Housing Committee The Displacing Agency shall establish a Replacement Housing Committee when required as described in §409 - 62 - D. [§ 913] Payments for Replacement Dwellings 1. [§ 914] Payment for Purchase of Comparable Replacement Dwelling a. [§ 915] Disbursement When the Displacing Agency has determined the amount of the payment for purchase of a comparable replacement dwelling to which the displaced resident is entitled and has verified that the displaced resident occupies a comparable replacement dwelling, payment shall be made to the displaced resident. b. [§ 916] Provisional Payment Pending Condemnation If the exact amount of a replacement housing payment cannot be determined because of a pending condemnation suit,the Displacing Agency may,at the Displacing Agency's sole discretion, make a provisional replacement housing payment to the displaced homeowner equal to the difference between the Displacing Agency's maximum offer for the property and the reasonable cost of a comparable replacement dwelling, but only if the homeowner enters into an agreement that upon final adjudication of the condemnation suit the replacement housing payment will be recomputed on the basis of the acquisition price determined by the court. If the acquisition price as determined by the court is greater than the maximum offer upon which the provisional replacement housing payment is based,the difference shall be refunded by the homeowner to the Displacing Agency. If the acquisition price as determined by the court is less than the maximum offer upon which the provisional replacement housing payment is based, the difference shall be paid to the homeowner. An agreement shall be entered into between the Displacing Agency and the displaced homeowner setting forth terms and conditions for payment and refund of such amounts. c. [§ 917] Certificate of Eligibility Upon request by a displaced homeowner or tenant who has not yet purchased and occupied a comparable replacement dwelling,but who is otherwise eligible for a replacement housing payment, the Displacing Agency shall certify to any interested party, financial institution or lending agency, that the displaced homeowner or tenant will be eligible for the payment of a specific sum ifhe or she purchases and occupies a dwelling within the time limits prescribed. 2. [§ 918] Rent Differential Payments When the Displacing Agency has determined the amount of the rent differential payment to which the displaced resident is entitled and has verified that the displaced resident occupies a comparable replacement dwelling, payment shall be made in a lump sum to the displaced resident unless the payment is, as determined by the Displacing Agency in its sole discretion, in excess of the maximum amount set forth in §615, in which case payments may be made in periodic installments. - 65 - 2. [§ 907] Loss of Property A claim by a displaced business for payment for the actual direct loss of tangible personal property pursuant to §704 shall be supported by written evidence of loss which may include appraisals, certified prices,bills of sale,receipts, canceled checks, copies of advertisements, offers to sell,auction records,and other records appropriate to support the claim or the Displacing Agency may agree as to the value of the property left in place. 3. [§ 908] Proof of Earnings If a displaced business elects to receive an alternate payment pursuant to §718 of these Rules and Regulations, the business shall provide proof of its earnings to the Displacing Agency. Proof of earnings for the last five (5) business years may be established by income tax returns, financial statements and accounting records or similar evidence acceptable to the Displacing Agency. C. [§ 909] Payment of Moving Expenses 1. [§ 910] Advance Payment An eligible displaced resident or displaced business may be paid for his or her anticipated moving expenses in advance of the actual move. The Displacing Agency shall provide advance payment whenever later payment would result in financial hardship. Particular consideration shall be given to the financial limitations and difficulties experienced by low and moderate income residents and small farm and business operations. 2. [§ 911] Direct Payment By prearrangement between the Displacing Agency, the displaced resident or displaced business, and the mover, evidenced in writing, the claimant or the mover may present an unpaid moving bill to the Displacing Agency, and the Displacing Agency may pay the mover directly. 3. [§ 912] Methods Not Exclusive The specific provisions of these Rules and Regulations are not intended to preclude the Displacing Agency's reliance upon other reasonable means of effecting a move, including contracting moves and arranging for assignment of moving expense payments by displaced persons. - 64 - E. [§ 919] Termination of Relocation Assistance The Displacing Agency's relocation obligations cease under the following circumstances: 1. A displaced resident moves to a comparable replacement dwelling and receives all assistance and payments to which he or she is entitled; 2. The displaced resident moves to substandard housing and refuses reasonable offers of additional assistance in moving to a decent,safe and sanitary replacement dwelling and receives all payments to which he or she is entitled; 3. All reasonable efforts to trace a person have failed; 4. The business concern or farm operation has received all assistance and payments to which it is entitled and has been successfully relocated or has ceased operations; 5. A person displaced from his or her dwelling, business or farm operation refuses reasonable offers of assistance, payments and comparable replacement dwellings. The Displacing Agency determines a relocatee is not a Displaced Person or is otherwise not entitled to relocation assistance. - 66 - X. [§ 1000] GRIEVANCE PROCEDURES A. [§ 1001] Purpose The purpose of the Grievance Procedures is to attempt to resolve disputes between the claimant and the Displacing Agency at the lowest possible administrative level while affording the claimant an opportunity to have a full and fair review of his or her case. Therefore, all relevant evidence should be presented at the lowest level of these proceedings. In any case where such evidence could have been presented at a lower level and the claimant failed to do so,the Relocation Appeals Board may refer the matter back to the lower level for consideration and determination prior to their considering such evidence. B. [§ 1002] Right of Review Any displaced person who is not satisfied with a determination as to eligibility, amount of payment, and failure by the Displacing Agency to provide comparable permanent or adequate temporary replacement housing or the Displacing Agency's property management practices,or not properly applying appropriate regulations, at his or her election may have his or her claim reviewed and reconsidered in accordance with the following procedures. C. [§ 1003] Request for Further Written Information A claimant shall first request the Displacing Agency's designated representative to provide him with a full written explanation of the determination and the basis therefor,which explanation shall be provided to the claimant within three weeks from the date of receipt of the request. This request must be made within the same 18 month period described in §1009. D. [§ 1004] Informal Oral Presentation If the claimant feels that the written explanation is incorrect or inadequate, he or she may request an informal hearing with the Director. All such requests shall be in writing and shall be accompanied by a relocation complaint form if required by the Displacing Agency. Claimant shall have the burden of determining whether the Displacing Agency requires submittal of a complaint form. The request for an informal hearing must be submitted to the Director within the same 18 month period described in §1009. Within fifteen (15) days from the date of receipt of claimant's written request, including a relocation complaint form(incorporated as Exhibit"C"),claimant shall be afforded an opportunity to make an oral presentation to the Director to enable the claimant to discuss the claim with the Director. The claimant may be represented by an attorney or other person of his or her choosing at the oral hearing (at the cost of the claimant). - 67 - The Director shall prepare a summary of the matters discussed and determinations made during the informal oral hearing,place a copy of the summary in claimant's file, and serve a copy thereof upon the claimant. E. [§ 1005] Written Request for Review and Reconsideration At any time within the period described in §1009 a claimant may file a written request for formal review and reconsideration. The claimant may include in the request for review any statement of fact within the claimant's knowledge or belief or other material which may have a bearing on the appeal. If the claimant requests more time to gather and prepare additional material for consideration or review and demonstrates a reasonable basis therefor,the claimant's request shall be granted. F. [§ 1006] Formal Review and Reconsideration by Displacing Agency Director 1. The Director of the Displacing Agency shall consider the request for review and shall decide whether a modification of the initial determinations necessary. The Director shall have the authority to revise the initial determination or the determination of a previous oral presentation. The Director shall consider every aggrieved person's compliant regardless of form,and shall if necessary provide assistance to the claimant in preparing the written claim. When a claimant seeks review, the Director shall inform claimant he or she has the right to be represented by an attorney, to present his or her case by oral or documentary evidence,to submit rebuttal evidence, and to conduct such cross-examination, as may be required,for a full and true disclosure of facts,and to seek judicial review once claimant has exhausted administrative appeal. 2. The Director shall review and consider the initial determination of the claimant's case in light of: a. All material upon which the Displacing Agency based its original determination including all applicable rules and regulations, except that no evidence shall be relied upon where a claimant has been improperly denied an opportunity to controvert the evidence or cross-examine the witness. b. The reasons given by the claimant for requesting review and reconsideration of his or her claim. c. Any additional written or relevant documentary material submitted by the claimant. d. Any further information which the Director may,in his or her discretion,obtain by request,investigation or research,to insure fair and full review of the claim. - 68 - 3. The determination on review by the Director shall include, but is not limited to: a. The Director's decision on reconsideration of the claim. b. The factual and legal basis upon which the decision is based, including any pertinent explanation or rationale. c. A statement of claimant's right to seek further review of his or her claim by the Relocation Appeals Board and an explanation of the steps the claimant must take to obtain this review. The Director shall issue his or her determination of review as soon as possible but no later than forty-five(45)days from receipt of the last material submitted for consideration by the claimant or the date of the hearing, whichever is later. In case of complaints dismissed for untimeliness or for any other reason not based on the merits of the claim,the Director shall furnish a written statement to claimant stating the reason for the dismissal of the claim as soon as possible but not later than fifteen(15) days from receipt of the last material submitted by the claimant or the date of the hearing, whichever is later. G. [§ 1007] Appeals Board Review If the claimant feels that the Director's determination following the informal oral hearing, or written review by the Director is incorrect or inadequate, he or she may request a formal hearing before a Relocation Appeals Board . To obtain a formal hearing before a Relocation Appeals Board the claimant must request in writing that the Director schedule such a hearing. Such request shall be made within the period described in §1009. 1. Within fifteen(15) days from the date of receipt of claimant's written request,he or she will be notified of the formal hearing date. If the claimant requests additional time to prepare material for consideration and shows good cause therefor,the hearing date shall be continued to another date. 2. The Relocation Appeals Board shall have the authority to revise the prior determination of the Director. 3. The Relocation Appeals Board shall, at the time it gives notice of the formal hearing date,notify the claimant that he or she has the right to be represented by an attorney or others at his or her own expense,to present his or her case by oral or documentary evidence; the right to submit oral or documentary evidence; the right to submit rebuttal evidence to conduct such cross examination as may be required for a full and - 69 - true disclosure of facts; and the right to seek judicial review once claimant has exhausted administrative appeal. 4. The Relocation Appeals Board shall review the initial determination or the determination made at an informal hearing taking into consideration all material upon which the challenged determination was made, all applicable rules and regulations, the reasons given by the claimant for requesting review, any additional relevant evidence, oral or documentary, submitted by either the claimant or the Displacing Agency's representatives. No evidence may be relied upon by the Relocation Appeals Board where the claimant has been improperly denied an opportunity to rebut evidence or cross-examine a witness. 5. The Relocation Appeals Board shall make its recommendation within six weeks from the date on which the formal hearing is concluded or the date of receipt of the last material submitted, whichever is later. 6. The Relocation Appeals Board's recommendation shall be made in writing and shall contain its recommendation, the factual and legal basis upon which the recommendation is made and a statement informing the claimant of his or her right to seek judicial review. 7. The claimant and the Displacing Agency's governing body shall be promptly served with a copy of the Relocation Appeals Board's recommendation. H. [§ 1008] Determination by City Council or Agency Board Upon reviewing the recommendation of the Relocation Appeals Board,the Director shall refer the recommendation to the City Council or Agency Board, as applicable, at its next regular meeting and the City Council or Agency Board shall thereupon fix a time for considering the matter,which time shall be not less than thirty(30)days from the time the recommendation is delivered to the City Council or Agency Board by the Director. On the date thus fixed, or on the date to which the matter shall have been continued, the City Council or Agency Board shall proceed to consider the recommendation of the Relocation Appeals Board and shall make and enter on its minutes its final determination therein, which may confirm, modify, or set aside the findings of the Relocation Appeals Board. The City Council's or Agency Board's determination in the matter shall be final and conclusive. The Displacing Agency shall provide a written determination to the claimant. The claimant shall be deemed to have exhausted his/her administrative remedies upon the Displacing Agency taking action upon his/her appeal or the failure of the claimant to timely pursue its rights hereunder. - 70 - I. [§ 1009] Time Limits A claimant desiring either an informal oral presentation or seeking a formal review and reconsideration,including seeking the review of the Relocation Appeals Board,shall make a request within eighteen(18)months following the later of(i)the date he/she moves from the property or(ii) the date he/she receives final compensation for the property. The Director may,but is not required to, extend any of the time limits specified in this Article upon a showing of good cause. Any refusal to waive a time limit may be reviewed in accordance with the procedures set forth in sections 1003 and 1007 above; except that such written request for review shall be filed within ninety (90) days of claimant's receipt of the Displacing Agency's determination. J. [§ 1010] Review of Files By Claimant The claimant may inspect all files and records bearing upon his or her claim or the prosecution of the claimant's grievance, except to the extent the confidentiality of the material sought or the disclosure thereof is protected or prohibited by law. K. [§ 1011] Effect of Determination Determinations made by the Displacing Agency with respect to acquisition and relocation policies and procedures shall be applicable to all eligible persons in similar situations regardless of whether any such eligible person seeks a review. All written determinations shall be filed in the records of the Displacing Agency and available for public inspection. L. [§ 1012] Right to Counsel Any claimant has the right to be represented by an attorney at his or her expense at any and all stages of the proceedings set forth in this Article. M. [§ 1013] Further Review If the Displacing Agency, as set forth in §1008, denies the eligibility of a claimant for a payment, or disapproves the full amount claimed, or refuses to consider the claim on its merits because of untimely filing,or any other ground,the Displacing Agency's notification to the claimant of its determination shall inform the claimant of its reasons therefor, and shall also inform the claimant of the applicable procedures for obtaining further review of this determination. N. [§ 1014] Joint Complainants Where more than one person is aggrieved by the failure of the Displacing Agency to refer them to comparable permanent or adequate temporary replacement housing, the complainants may join in filing a single written request for review. A determination shall be made as herein provided for each of the complainants. - 71 - XI.[§ 1100] ACQUISITION PROCEDURES These acquisition procedures are intended to comply with the guidelines set forth in §7267, §7267.1 and §7267.2 of the Government Code which the Displacing Agency shall follow prior to the adoption of a Resolution of Necessity. Compliance with these procedures shall enable the Displacing Agency to declare upon adopting a Resolution of Necessity that it has found and determined pursuant to Code of Civil Procedure§1245.230,that either the offer required by§7267.2 of the Government Code has been made to the owner or owners of record, or the offer has not been made because the owner cannot be located with reasonable diligence.These acquisition procedures shall only apply to those acquisitions by the Displacing Agency that are subject to the provisions set forth in sections 7267 to 7267.7, inclusive, of the Government Code. A. [§ 1101] Acquisition of Property by Negotiation The Displacing Agency shall make every reasonable effort to acquire property by negotiation and to do so expeditiously. These acquisition procedures shall not apply to the entry upon property pursuant to §1245.010 of the Code of Civil Procedures in order to make photographs, studies, surveys, examinations, tests, soundings, borings, samplings or appraisals or to engage in similar activities reasonably related to acquisition or use of the property for that use, nor shall these acquisition procedures apply to the acquisition of any easement, right-of-way, covenant, or other non-possessory interest in real property to be acquired for the construction,reconstruction,alteration, enlargement, maintenance, renewal, repair, or replacement of subsurface sewers, waterlines or appurtenances, drains, septic tanks, or storm water drains. B. [§ 1102] Appraisal of Property Before negotiations are initiated to acquire property, the Displacing Agency shall have the property appraised, and shall give the owner or his or her designated representative an opportunity, by reasonable advance written notice, to accompany the appraiser during the inspection of the property. The Displacing Agency shall not be required to have the property appraised where the property is "offered for sale" within the meaning of Government Code §7267.2(b), or where the property is acquired by donation to the Displacing Agency. C. [§ 1103] Notice of Decision to Appraise 1. [§ 1104] Contents of Notice The Displacing Agency shall provide the owner with written notice of its decision to appraise the real property as soon as possible after the decision to appraise has been reached. The notice shall, at a minimum, contain the following: - 73 - 0. [§ 1015] Judicial Review Nothing in this section shall in any way preclude or limit a claimant from seeking judicial review of a claim upon exhaustion of such administrative remedies as are available under these Rules and Regulations. - 72 - matter of a Resolution of Necessity or give notice that it does not intend, at this time, to proceed with acquisition of the property. e. A statement that the Displacing Agency shall schedule the construction or development of a project such that,to the greatest extent practicable,no person lawfully occupying real property shall be required to move from a dwelling (assuming a comparable replacement dwelling will be available)or to move his or her business without at least 90 days written notice from the Displacing Agency of the date by which the move is required. f. A statement that if the Displacing Agency arranges to rent the property to an owner or his or her tenant for a short term,or for a period subject to termination by the Displacing Agency on short notice, the rental will not exceed the lesser of the fair rental value of the property to a short term occupier or the pro rata portion of the fair market value for a typical rental period. If the owner or tenant is an occupant of a dwelling,the rental for the dwelling shall be within his or her financial means. D. [§ 1106] Prior to Making an Offer to Purchase Prior to making an offer to purchase the property,the Displacing Agency shall make reasonable efforts to determine the identity of the owner and other interested parties. 1. [§ 1107] Record Title The Displacing Agency shall obtain reasonably current preliminary title reports,litigation guarantees, reports, lot book reports, county assessment records or other information reasonably accessible from the public records of the County,to identify the name and address of the record owner of the property. 2. [§ 1108] Occupants The Displacing Agency shall conduct a reasonable visual inspection of the property to identify tenants,residents,businesses,or other persons in possession of the property who have, or, by their occupation of the property, may have, a compensable interest in the property and shall make a reasonable inquiry of the record owner as to the owner's knowledge concerning such occupants. 3. [§ 1109] Notices to Contact Owner Any notifications or other attempts to contact the owner and other interested parties shall be made at the property if the owner or other interested parties are present on the property. Otherwise, such notifications and contacts shall be made at the last known or most current - 75 - a. A statement that a specific area is being considered for a particular public use, i.e., the project; b. A statement that the owner's property is located within the project area; c. A statement that the owner's property,which shall be generally described,may be acquired in connection with the public use; and d. A statement that the owner or his or her representative (designated in writing) shall be given the opportunity to accompany each appraiser during his or her inspection of the property. 2. [§ 1105] Information Statement: Property Acquisition Procedures At the time the Displacing Agency notifies an owner of its decision to appraise real property, it shall furnish the owner with a written explanation of its land acquisition procedures, describing in non-technical, understandable terms the Displacing Agency's acquisition procedures and the principal rights and options available to the owner. Such statement shall inform the owner that if the Displacing Agency decides to acquire the subject property, certain prescribed land acquisition procedures will be followed. The statement shall also include the following explanations: a. A description of the basic objective of the Displacing Agency's land acquisition program and a reference to the availability of the Displacing Agency's written explanation concerning the relocation benefits to which an owner-occupant may be eligible. b. A statement that, if the acquisition of any part of the real property would leave the owner with an uneconomic remnant, the Displacing Agency will offer to acquire the uneconomic remnant, if the owner so desires. c. A statement that, if the owner of real property is also the owner of a business conducted on the real property to be acquired, or on any remainder parcel, the owner may have a right to compensation for loss of goodwill. The Displacing Agency shall include a copy of the pertinent provisions of the Eminent Domain Law pertaining to compensation for loss of goodwill set forth in Code of Civil Procedure, §1263.510 et seq., as well as a copy of the sections of these Rules and Regulations commencing with §1116. d. A statement that,if the owner is not satisfied with the Displacing Agency's offer of just compensation, the owner will be given a reasonable opportunity to present any relevant material, which the Displacing Agency will carefully consider, and that if a voluntary agreement cannot be reached, the Displacing Agency, as soon as possible, will either hold a hearing in connection with the - 74 - address of the owner or other interested parties, as may be reasonably available to the Displacing Agency. 4. [§ 1110] Identity and Address of Owner If the identity and address of the owner or other interested parties cannot be located by search of the public records or by inspection of the property, in order to attempt to obtain such information,the Displacing Agency shall make further good faith efforts to identify and locate the owner and other interested parties,including, for example, contact with utility companies servicing the property,and inquiry of the Displacing Agency's licensing department,building and safety department, and any other departments to which property owners make reports, file applications or otherwise transact business. The Displacing Agency shall also consult other probable sources of such information. E. [§ 1111] Establishment of Just Compensation 1. Before negotiations are initiated to acquire property, the Displacing Agency shall establish an amount it believes to be just compensation for the property to be acquired, which amount shall, in no event, be less than the Displacing Agency's approved appraisal of the fair market value of the property. The appraisal shall not be deemed approved unless it has been reviewed to the satisfaction of the Displacing Agency or its designated officer and the Displacing Agency or its designated officer has determined in writing that the appraisal is approved.The Displacing Agency may initiate negotiations without first having obtained an appraisal in the event the property to be acquired has a low market value not justifying, in the opinion of the Displacing Agency the expense or delay of an appraisal and the owner of the property agrees,in writing,to sell or donate the property without an appraisal having first been obtained and approved by the Displacing Agency. The determination of just compensation shall be based upon consideration of: a. The real property being acquired; b. Where the real property acquired is part of a larger parcel, any damages to the remainder; and c. Loss of goodwill where the owner of the property is also the owner of a business conducted on the property to be acquired or on the remainder, and where the provisions of the Eminent Domain Law pertaining to compensation for loss of goodwill are satisfied. 2. Notwithstanding subdivision 1 of this section,the Displacing Agency may make an offer to the owner or owners of record to acquire real property for less than an - 76 - amount which it believes to be just compensation thereof if(1) the real property is offered for sale by the owner at a specified price less than the amount the Displacing Agency believes to be just compensation therefor, (2) the Displacing Agency offers a price which is equal to the specified price for which the property is being offered by the landowner, and (3) no federal funds are involved in the acquisition, construction, or project development. 3. As used in subdivision 2 of this section,the term "offered for sale"means any of the following: a. Directly offered by the landowner to the Displacing Agency for a specified price in advance of negotiations by the Displacing Agency. b. Offered for sale to the general public at an advertised or published, specified price set no more than six (6)months prior to and still available at the time the Displacing Agency initiates contact with the landowner regarding the Displacing Agency's possible acquisition of the property. F. [§ 1112] Uneconomic Remnant; Donation of Property 1. 1. Whenever a portion of property is to be acquired by the Displacing Agency for a public use and the remainder will be left in such size, shape or condition as to constitute an uneconomic remnant, the Displacing Agency shall offer to acquire the entire property if the owner so desires. An uneconomic remnant is a parcel of real property in which the owner retains an interest after partial acquisition of the property and which has little or no utility or value to such owner. 1. 1. A person whose real property is being acquired, may, after the person has been fully informed of his or her right to receive just compensation for the property, donate the property, any part thereof, any interest therein, or any compensation paid therefor to a public entity determined by the person. G. [§ 1113] Initiation of Negotiations 1. [§ 1114] Written Offer The Displacing Agency shall make its first written offer to acquire the property as soon as practicable following service of the Notice of Decision to Appraise. Such offer shall be made as soon as possible after the amount of just compensation is established by the appraisal. The offer shall include the full amount of just compensation established, unless otherwise indicated in the - 77 - offer, and shall represent the fair market value of the property identified in the offer to be acquired without apportionment between the parties who may claim a compensable interest in the property. 2. [§ 1115] Statement of the Basis of Just Compensation At the time the Displacing Agency makes its offer to acquire the property it shall provide the owner with a written statement of the basis for its determination of just compensation. The statement shall include the following: a. A general statement of the public use for which the property is to be acquired; b. A description of the location and extent of the property to be taken, with sufficient detail for reasonable identification and the interest to be acquired; c. An inventory identifying the buildings, structures, fixtures, and other improvements; d. A recital of the amount of the offer and a statement that such amount: (1) Is the full amount believed by the Displacing Agency to be just compensation for the property taken; (2) Is not less than the approved appraisal of the fair market value of the property; (3) Disregards any decrease or increase in the fair market value of the real property to be acquired prior to the date of valuation caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for such project,other than that due to physical deterioration within the reasonable control of the owner or occupant; (4) Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the Displacing Agency except for an amount to compensate the owner for that portion of loss of goodwill provided in accordance with §6100 of the state Guidelines; e. If the owner of real property to be acquired is also the owner of a business conducted upon the property or the remainder, the statement shall include an indication of the amount of compensation for loss of goodwill, if any. f. If after receiving the Displacing Agency's offer the owner requests additional information regarding the determination of just compensation, the Displacing - 78 - Agency shall provide the following information to the extent that the determination of just compensation is based thereon: (1) The date of valuation used. (2) The highest and best use of the property. (3) The applicable zoning. (4) Identification of some of the sales, contracts to sell and purchase, and leases supporting the determination of value. (5) If the property is a portion of a larger parcel, a description of the larger parcel, with sufficient detail for reasonable identification. g. With respect to each sale,contract,or lease provided in accordance with subdivision f.(4) of§1115 above, the following data should be provided: (1) The names and business or residence addresses,if known, of the parties to the transaction. (2) The location of the property subject to the transaction. (3) The date of the transaction. (4) The price and other significant terms and circumstances of the transaction, if known. In lieu of stating the other terms and circumstances, the Displacing Agency may, if the document is available for inspection, state the place where and the times when it is available for inspection.; h. The requirements of this subsection do not apply to requests made after an eminent domain proceeding is commenced. H. [§ 1116] Right to Obtain Payment Nothing in these acquisition procedures shall be construed to deprive a tenant of the right to obtain payment for his or her property interest as otherwise provided by law. I. [§ 1117] Loss of Goodwill As soon as practicable after the initiation of negotiations the Displacing Agency shall provide written notification to the owner of a business conducted on the real property to be acquired or on the remainder, who is not also the owner of the real property, concerning his or her possible right to compensation for loss of goodwill.The Displacing Agency shall include a copy of the provisions of the Eminent Domain Law pertaining to compensation for loss of goodwill set forth in Code of Civil Procedure,§1263.510. The Displacing Agency shall also include a copy of the portion of these Rules and Regulations pertaining to compensation for loss of goodwill. - 79 - J. [§ 1118] Compensation for Loss of Goodwill The procedure for determining and offering compensation for loss of goodwill in connection with the Displacing Agency's acquisition of any property shall be governed by §1118 through §1124, inclusive, of these Rules and Regulations. 1. [§ 1119] Compensation Generally With respect to the owner of a business conducted on property acquired by the Displacing Agency, or on the remainder if such property is part of a larger parcel, the amount of just compensation to be paid by the Displacing Agency may include consideration of loss of goodwill, to the extent required by law and these Rules and Regulations. Within the meaning of these Rules and Regulations, "goodwill" consists of the benefits that accrue to a business as a result of its location,reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage. The owner of a business shall be compensated for loss of goodwill if the owner proves all of the following: a. The loss is caused by the taking of the property or the injury to the remainder; b. The loss cannot reasonably be prevented by the relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill; c. Compensation for the loss will not be included in payments under§700 of these Rules and Regulations or under §7262 of the Government Code; d. Compensation for the loss will not be duplicated in the compensation otherwise paid to the owner. 2. [§ 1120] Notice of Intent to Claim Loss of Goodwill The owner of a business conducted on property acquired by the Displacing Agency, or on the remainder if such property is part of a larger parcel, may, at any time prior to relocating from, or discontinuing its operation on,the property,notify the Displacing Agency of its intent to provide any information, materials, or data in order to satisfy the requirements of subdivisions (a) through (d), . inclusive, of§1118. - 80 - • I 4 3. [§ 1121] Conference to Discuss Eligibility to Receive Compensation for Loss of Goodwill Upon receipt of the notice required by §1120, the Director or his or her designee shall confer with the business owner regarding the owner's claim for compensation for loss of goodwill. Based upon review and consideration of information presented at the conference, the Director shall make a recommendation to the City Council or Agency Board as to whether a goodwill appraisal should be made. If the City Council or Agency Board concurs in the recommendation to make a goodwill appraisal, then the Displacing Agency shall authorize an appraisal provided that it shall be for the purposes of negotiation and shall not be binding upon the Displacing Agency. In the event the Displacing Agency authorizes an appraisal of goodwill,notice of decision to appraise shall be given to the business owner/claimant. The appraisal report need not be disclosed to the business/owner claimant unless and until required by the law. 4. [§ 1122] Business Records; Authorization to Negotiate If the determination to appraise loss of goodwill is made as provided in§1120,the owner of the business shall provide to the Displacing Agency such business records as the Displacing Agency may require, including, but not limited to state income tax returns, financial statements, and any accounting records. The Displacing Agency shall preserve the confidentiality of the financial records,and shall not use such records for any purpose other than to determine the business owner's entitlement to, or amount of, compensation for loss of goodwill. 5. [§1123] Calculation of Net Amount of Just Compensation for Loss of Goodwill for Negotiation Purposes The Displacing Agency shall calculate the amount it believes to be the net amount of just compensation for loss of goodwill to which the business is entitled. In making this calculation,the Displacing Agency shall consider the following: a. The amount the Displacing Agency believes to be the total amount of loss of goodwill to which business owner is entitled; and b. Any compensation for loss of goodwill the Displacing Agency determines is included in payments made or to be made under §700 of these Rules and Regulations. 6. [§ 1124] Notice to Owner; Written Offer As soon as possible after the net amount of compensation for loss of goodwill has been calculated,if any,the Displacing Agency shall make a written offer to the business owner/claimant. - 81 - • The written offer shall include the full net amount of compensation for loss of goodwill as determined by the Displacing Agency. 7. [§ 1125] Eminent Domain Notwithstanding any other provision contained in the acquisition procedures, in the event an eminent domain proceeding is brought by the Displacing Agency to acquire any property,the owner of any business located on the property, or the remainder if such property is part of a larger parcel, may claim compensation for loss of goodwill in connection with such proceeding. The business owner/claimant's failure to do so shall constitute a waiver of any compensation for loss of goodwill. K. [§ 1126] Negotiations; Eminent Domain Prior to the commencement of an eminent domain proceeding to acquire real property: 1. The Displacing Agency shall make reasonable efforts to discuss with the owner its offer to purchase the owner's real property; 2. The owner shall be given reasonable opportunity to present material which he or she believes to be relevant as to the question of value and to suggest modification in the proposed terms and conditions of the purchase, and the Displacing Agency shall carefully consider the owner's presentation; 3. If the evidence presented by an owner or a material change in the character or condition of the property indicates the need for a new appraisal or if a significant delay has occurred since the determination of just compensation, the Displacing Agency shall have its appraisal updated; 4. If a modification in the Displacing Agency's determination of just compensation is warranted, an appropriate price adjustment shall be made and the new amount determined to be just compensation shall be promptly offered in writing to the owner. In no event shall the Displacing Agency either advance the time of condemnation, or defer negotiations or condemnation or the deposit of funds in court for the use of the owner, or take any other action coercive or misleading in nature,in order to compel or induce an agreement on the price to be paid for the property. If the Displacing Agency holds the required hearing and adopts a resolution of necessity to acquire any interest in property,the Displacing Agency shall promptly institute formal condemnation proceedings. The Displacing Agency shall not intentionally make it necessary for an owner to institute legal proceedings to prove the fact of the taking of his or her property. - 82 - L. [§ 1127] Notice of Decision Not to Acquire Whenever the Displacing Agency has forwarded a Notice of Intent to Displace, a Notice of Decision to Appraise,or has made a firm offer and subsequently decides not to acquire the property, the Displacing Agency shall serve a notice in writing on the owner, all persons occupying the property and all other persons potentially eligible for relocation payments and assistance. This notice shall state that the Displacing Agency has decided not to acquire the property. It shall be served not later than ten (10) days following the date of the Displacing Agency's decision not to acquire. Upon receipt of such notice any person shall be deemed not to be a displaced person. M. [§ 1128] Incidental Expenses If the real property is acquired by purchase, the Displacing Agency shall reimburse the owner for all reasonable expenses the owner necessarily incurred incidental to the conveyance of such property to the Displacing Agency. The following expenses shall be reimbursed to the owner: 1. Recording fees,transfer taxes and similar expenses incidental to conveying the real property; 2. The pro rata portion of charges for public service, such as water, sewage, and trash collection,which are allocable to the period subsequent to the date of transfer of title to the Displacing Agency,or the effective date of possession of such property by the Displacing Agency, whichever is earlier. The Displacing Agency shall inform the owner that he or she may apply for a rebate of the pro rata portion of any real property taxes paid,which are allocable to the period subsequent to the date of transfer of the property to the Displacing Agency or the effective date of possession of such property by the Displacing Agency, whichever is earlier. N. [§ 1129] Purchase Price as Public Information The purchase price and other consideration paid by the Displacing Agency for real property is public information and shall be made available upon request. 0. [§ 1130] Service of Notice Service of all notices required by these acquisition procedures shall be made either by first class mail or by personal service upon the person to be notified. - 83 - XII. [§ 1200] PROPERTY MANAGEMENT PRACTICES A. [§ 1201] Short Term Rental If the Displacing Agency permits an owner or tenant to occupy the acquired real property on a rental basis for a short term or for a period subject to termination by the Displacing Agency on short notice,the amount of rent required shall not exceed the lesser of the fair rental value to a short term occupier or a pro rata portion of the fair rental value for a typical rental period. If the owner or tenant is an occupant of a dwelling, the rental for the dwelling shall be within his or her financial means. B. [§ 1202] Notice to Vacate The construction or development of a project shall be so scheduled that no eligible person occupying real property shall be required to move from a dwelling, or to move his or her business, without at least ninety (90) days written notice from the Displacing Agency of the date by which such move is required. The Displacing Agency shall notify each individual tenant to be displaced as well as each owner-occupant. C. [§ 1203] Eviction Eviction is permissible only as a last resort. Relocation records must be documented to reflect the specific circumstances surrounding the eviction. Eviction may be undertaken for one or more of the following reasons: 1. Failure to pay rent, except in those cases where the failure to pay is the result of lessor's failure to keep the premises in habitable condition,is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services; 2. Remaining in possession after expiration or termination of the term; 3. Performance of a dangerous or illegal act on the property; 4. Material breach of the rental agreement and failure to correct such breach within thirty (30) days of notice; 5. Maintenance of a nuisance and failure to abate within a reasonable time following notice; 6. Refusal to accept one of a reasonable number of offers of replacement dwellings; - 84 - 7. The eviction is required by state or local law and cannot be prevented by reasonable efforts on the part of the Displacing Agency. 8. Failure to execute a rental agreement with the Displacing Agency provided the 90 day notice to vacate had been given, relocation information had been given at least 90 days prior to eviction,and referrals to comparable replacement housing have been given. D. [§ 1204] Status of Post-Acquisition Tenants 1. [§ 1205] Notice of Status The Displacing Agency shall inform prospective post-acquisition tenants,before they occupy the property, that the property has been acquired for a public use and will be available only in the interim between acquisition and development and that development for such use may result in termination of the tenancy sooner than would otherwise be expected. The Displacing Agency shall also inform prospective post-acquisition tenants regarding the projected date of displacement and,periodically,shall inform post-acquisition tenants of any changes in such date. 2. [§ 1206] Notice to Vacate A post-acquisition tenant who occupies acquired real property on a rental basis for a short term and who is informed that the property has been acquired for a public use shall be given any notices required by law. 3. [§ 1207] Eligibility for Relocation Assistance and Payments Post-acquisition tenants are not eligible for relocation assistance and payments if, before occupying the property, they are informed by the Displacing Agency that the property has been acquired for a public use and will be available only in the interim between acquisition and development and that development for such use may result in termination of the tenancy sooner than would otherwise be expected. When so informed, post-acquisition tenants are not eligible even though they move as a result of a written order from the Displacing Agency to vacate the real property. Persons who become post-acquisition tenants after the effective date of these Rules and Regulations who are not so informed and who move as a result of a written order from the Displacing Agency to vacate are eligible for relocation assistance and payments, except where they are evicted in accordance with §1203 of the Rules and Regulations. - 85 - 1 1 ; 4. [§ 1208] Move from Permanent Housing Where the Displacing Agency,on property it owns,is making housing available on a permanent basis (i.e., not pending development), a post-acquisition tenant who moves as a result of a written order from the Displacing Agency to vacate is eligible for relocation assistance and payments if the order to vacate is related to a plan to demolish or rehabilitate such dwelling units. A post-acquisition tenant who is required to move as a result of the sale of such dwelling units to a private person for demolition or rehabilitation is eligible without need for a written order to vacate from the Displacing Agency. - 86 - Exhibit"A" MODEL RELOCATION PLAN For Displacement of Fifteen Households or less INTRODUCTION Please choose and complete one of the following paragraphs, whichever best describes your project. Any of the following paragraphs may be modified, made more clear, or rewritten to better describe your project or situation. (1) has entered or will be entering into an Agreement with to rehabilitate rental housing units within the City/County of households will have to be permanently displaced for this project to go forward. households will have to be temporarily displaced for the project to go forward. The location of this housing, which is the subject of this relocation plan, is generally described as follows: . (See attached project site map--Attachment 1) (2) has entered into an Agreement with to purchase and develop property within the City/County of .As a result,some housing will be affected and households will have to be permanently displaced for this project to go forward. The location of this housing,which is the subject ofthis relocation plan,is generally described as follows: . (See attached project site map--Attachment 1) (3) has taken action which may result in the purchase and development ofproperty within the City/County of .As a result,some housing will be affected and households will have to be permanently displaced for this project to go forward.The location of this housing,which is the subject of this plan,is generally described as follows: . (See attached project site map --Attachment 1) (4) (Ifyou wish,you may use the following space to describe your project) (The name of the entity or consultant preparing the plan) has prepared and will administer this Relocation Plan(the"Plan"),under the direction of or involvement with(name ofpublic agency involved with the project) .This Plan provides the results of a needs assessment survey, a housing resource study and details of the displacing entity's proposed relocation program.This Plan sets forth policies and procedures necessary to conform with statutes and regulations established by the California Relocation Assistance Law,California Government Code section 7260 et seq.(the"CRAL")and the California Relocation Assistance and Real Property Acquisition Guidelines, Title 25, California Code of Regulations, chapter 6, section 6000 et seq. (the "Guidelines"). If there are federal funds involved in this project,this Plan and benefits may also need to conform with the Uniform Relocation Act(46 U.S.C.§4600 et seq.),its implementing regulations(49 C.F.R.part 24)and other requirements and regulations of the applicable funding source. No displacement activities will take place prior to the required reviews and approval of this Plan. MODEL RELOCATION PLAN PAGE 1 . r , A. ASSESSMENT OF NEEDS To obtain information for the preparation of this Plan, a personal interview was conducted with(number) of the households living on the Project site. (If a personal interview was not done with any of the households, briefly explain how the relevant information was obtained.) A table is attached showing some of the household characteristics and needs. (See--Attachment 2) Attached are the most current income limits for the"very low-", "low-", and"moderate-" income categories as established by HUD for County.(Attach the most current HUD income category limits for your county -- Attachment 3.) The attached table shows the income categories for each of the households. (Attachment 2) Briefly,describe the neighborhood demographics and characteristics: Briefly describe any location needs and preferences for housing (such as preference for home ownership or tenancy,preferred area of relocation,proximity to public transportation, employment,schools, medical facilities, public/social services and agencies,recreational services,parks, community centers, and shopping)and any other special needs(such as the need for a unit with disabled access or special services,special language needs,special schools,etc.)of each of the displaced households. B. REPLACEMENT HOUSING RESOURCES A resource survey was made on or about to identify available comparable, decent, safe and sanitary units available in close proximity to the Project site. three bedroom units, two bedroom units, and one bedroom units will be required to adequately relocate the Project site households. (If larger units are needed, please indicate:) . Therefore, the survey focused on confirming the availability of this number and size of bedroom units. Attached is a copy of the resource survey showing the number and size of the available units found in the survey and their rent or purchase levels and location. (Please create and attach a housing survey which conforms with the housing needs and preferences identified elsewhere in this Plan --Attachment 4.) Briefly describe how the replacement housing resources meet the specific needs identified in section A. C. CONCURRENT RESIDENTIAL DISPLACEMENT Briefly describe any current or proposed displacing activities in your jurisdiction which may impact upon the ability to relocate the displaced households. MODEL RELOCATION PLAN PAGE 2 . D. TEMPORARY HOUSING Please check any of the following numbered paragraphs, whichever is applicable: (1) There is no anticipated need for temporary housing. Should such a need arise,the displacing entity will respond appropriately and in conformance with all applicable laws and requirements. (Ifyou check this paragraph,you may skip to section E.) (2) There is a need to provide temporary housing,for not more than 180 days, for those households as indicated in the attached table of housing characteristics and needs (Attachment 2). This project is a "Qualified Affordable Housing Preservation Project" as defined in Government Code sections 7260, subdivision(c)(3)(B)(ii),and 7262.5. households are expected to be temporarily displaced and they will be entitled to the following benefits and assurances: (a) The right to a temporary unit inside or, with the written consent of the household, outside the project as long as such unit meets the standards of"comparable replacement housing"as defined in section E below; and (b) The cost of the replacement housing,including rent and average monthly utility costs,will not exceed 30% of the household's average monthly income or their current rent amount,whichever is less; and (c) The right to return to their original unit; and (d) The rent for the first 12 months upon returning to the original unit, will not exceed the lower of the following: (1) up to 5% higher than the rent at the time of displacement; or (2) up to 30% of the household's income; and (e) The estimated time for displacement will be reasonable; and (f) The temporary replacement housing will not be unreasonably impacted by the rehabilitation construction,taking into account the age and physical condition of household members; and (g) Moving expenses. See section H for an explanation of allowable moving expenses. It is estimated that the temporary displacement for each of the households will occur on or about It is estimated that the length of time of displacement for each household(not to exceed 180 days)will be (3) As a result of rehabilitation, some households will be temporarily displaced for a period not to exceed 90 days. The attached table identifies households which will be displaced for no more than 90 days (Attachment 2). These households are entitled to the following benefits and assurances: (a) The right to move back into their original unit; and MODEL RELOCATION PLAN PAGE 3 • 1 ■ (b) The right to be temporarily relocated to "comparable" replacement housing as defined in section E below; and (c) The cost of the replacement housing, including rent and average monthly utility costs,will not exceed 30% of the household's average monthly income or their current rent amount, whichever is less; and (d) For the first 12 months upon return to their original units,the rent shall not exceed the lesser of the rent levels prior to displacement or 25% of the household's average monthly income; and (e) Moving expenses. See section H for allowable moving expenses. (4) The displacing entity may need to temporarily move some households until such time that permanent comparable replacement housing is available. The displacing entity may only use this option under the following conditions and written assurances to the displaced households: (a) The displaced household agrees to such temporary relocation; and (b) The temporary housing must be adequate; and (c) Permanent comparable housing must be made available to the displaced household no later than 12 months after the temporary move.The household,however,may agree to extend the 12 month period; and (d) Permanent comparable replacement housing will be made available on a priority basis to the household and if the project plan anticipates moves back into the project area,the temporarily displaced household will be given priority to obtain such housing; and (e) The temporary move will not affect the household's eligibility for replacement housing benefits or relocation assistance. Also, the temporary move will not deprive the household of the choice of replacement units that would have been available had the temporary move not taken place,and the costs of the temporary move will not be considered as part of the relocation payments to which the household is entitled; and (f) The displacing entity will pay all costs in connection with the move to temporary housing, including increased housing costs. E. PROGRAM ASSURANCES AND STANDARDS There are adequate funds to relocate all the households. Services will be provided to ensure that displacement does not result in different or separate treatment of households based on race,nationality,color,religion,national origin, sex,marital status,familial status,disability or any other basis protected by the federal Fair Housing Amendments Act,the Americans with Disabilities Act,Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968,the California Fair Employment&Housing Act,and the Unruh Act,as well as any other arbitrary or unlawful discrimination. No one will be displaced without 90 days notice and unless "comparable" replacement housing can be located. "Comparable" housing includes standards such as: decent, safe, and sanitary (as defined in § 6008(d) of the Guidelines); comparable as to the number of bedrooms, living space, and type and quality of construction of the acquired unit but not lesser in rooms or living space than necessary to accommodate the displaced household; in an area that does not have unreasonable environmental conditions; not generally less desirable than the acquired MODEL RELOCATION PLAN PAGE 4 unit with respect to location to schools,employment,health and medical facilities,and other public and commercial facilities and services; and within the financial means of the displaced household as defined in section 6008, subdivision(c)(5)of the Guidelines. The relocation program to be implemented by the displacing entity conforms with the standards and provisions set forth in Government Code section 7260 et seq.,the Guidelines, California Health and Safety Code section 33410 et seq.,if applicable,and all other applicable regulations and requirements. F. RELOCATION ASSISTANCE PROGRAM Staff is available to assist any displaced household with questions about relocation and/or assistance in relocating. Relocation staff can be contacted at from a.m.to p.m.The Relocation Office is located at .A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to the households being displaced. Close contact will be maintained with each household. Specific activities will include: Distribution of informational brochures. (Attach sample brochures and notices to be given to displaced households-- Attachment 5.) 1. Timely referrals to at least three comparable replacement units as defined above and, if necessary, transportation will be provided to inspect potential replacement units. 2. Assistance with completion and filing of relocation claims, rental applications, and appeals forms, if necessary. G. CITIZEN PARTICIPATION/PLAN REVIEW This Plan will be provided to each household and will be made available to the public for the mandatory thirty(30) day review period. Comments to this Plan will be included as a Plan addendum prior to submission for approval before the(name of responsible agency) .A copy of the approved Plan will be forwarded to the California Department of Housing and Community Development (HCD). H. RELOCATION BENEFIT CATEGORIES This section generally explains the benefits available to displaced tenants and homeowner households only. Ifyou have households that are mobilehome/manufactured homeowners, or homeowner households that wish to retain and move their units, you should consult the CRAL, the Guidelines, and other applicable regulations and requirements for additional information. Relocation benefits will be provided in accordance with the CRAL, the Guidelines, and all other applicable regulations and requirements. Benefits will be paid upon submission of required claim forms and documentation in accordance with approved procedures.The displacing entity will provide appropriate benefits for each displaced household as required by the above laws and requirements. Residential Moving Expense Payments The subject households will be eligible to receive a payment for moving expenses.Payments will be made based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a licensed professional mover. For temporary moves, moving expenses will be paid for both the move to temporary replacement housing and the move back to the rehabilitated unit. MODEL RELOCATION PLAN PAGE 5 I 1) Fixed Payment-A fixed payment for moving expenses based on the number of rooms containing furniture or other personal property to be moved. The fixed moving payment will be based upon the most recent Federal Highway Administration schedules maintained by the California Department of Transportation. (If using fixed payment, attach the most current moving schedules --Attachment 6.) -OR- 2) Actual Reasonable Moving Expense Payments -The displaced households may elect to have a licensed,professional mover perform the move;if so,the displacing entity will pay for the actual cost of the move up to 50 miles and all reasonable charges for packing,unpacking,insurance,and utility connection charges.The payment will be made directly to the mover or as reimbursement to the displaced household. Rental Assistance/Down Payment Assistance Displaced households who are residential tenants and who have established residency within the Project site for a minimum of 90 days prior to the "initiation of negotiations" will be eligible for both Rental Assistance and Moving Expense Payments. Check one of the following statements, whichever is applicable: (1) [Public Agency Acquisition] "Initiation of Negotiations"is defined as the first written offer to buy the property from which the households will be displaced. In this case, the estimated or actual date of the first written offer to purchase the properties of the tenant households is(if known at this time) (2) [Private Entity Acquisition]"Initiation of Negotiations"is defined as the later of the actual date of acquisition or the date of the Agreement between the private entity and the public agency for purposes of acquiring and developing or rehabilitating the subject property. In this case,the estimated or actual date of"initiation of negotiations"is(if known at this time) Except in the case of Last Resort situations, Rental Assistance Payments will be limited to a maximum of $5,250 based upon the monthly housing need over a forty-two(42)month period.In addition,the households may opt to apply the amount to which they are entitled toward the purchase of a replacement unit. Last Resort Housing Payment Check one of the following statements, whichever is applicable: (1) There is adequate"comparable replacement housing"according to the attached housing survey (Attachment 4). Therefore, there is no need to provide Last Resort Housing Payments. (If you checked this paragraph,you may skip to Assistance to Homeowners below.) (2) There is a lack of"comparable replacement housing"according to the attached housing survey (Attachment 4). Therefore,there is a need to provide Last Resort Housing Payments. "Last Resort Housing"payments are authorized by statute if affordable"comparable replacement housing" cannot be found for the displaced tenant household (i.e., housing not more than 30% of the household's MODEL RELOCATION PLAN PAGE 6 average monthly income.) In this case, payments may be made beyond the $5,250 statutory cap up to 42 months worth of rental assistance. The supplemental increment beyond$5,250 may be paid in installments or in a lump sum at the discretion of the displacing entity. Briefly specify your policy concerning allowing lump sum or installment payments. If a household chooses to purchase a replacement home rather than rent,the household will have the right to request a lump sum payment of the entire balance to which they are entitled. Assistance to Homeowners Check one of the following statements, whichever is applicable: (1) No homeowners will be displaced by this Project. (Ifyou check this paragraph,you may skip the rest of this section.) (2) It is anticipated that homeowners will be displaced by this Project. Homeowners displaced by this Project will be eligible for relocation replacement housing payments if the following conditions are met: (a) The household has owned and occupied their unit for not less than 180 days prior to the"Initiation of Negotiations." (See,Rental Assistance/Down Payment Assistance above); and (b) The household purchases and occupies a replacement unit within one year from: (i)the date that the household receives the final payment from the displacing entity for all the costs of the acquired unit- or- (ii)the date that the household vacates the acquired unit, whichever is later. Displaced homeowner households will receive assistance in locating a "comparable replacement"unit and will be eligible for the following benefits,not to exceed$22,500: 1. Purchase Price Differential: The displaced households will be entitled to receive an amount equal to the difference between the price paid for the acquired unit and the amount required to purchase a"comparable replacement"unit. The displacing entity is allowed the following options in paying any price differential as explained in section 6102 of the Guidelines: (Check which option is being used.) (a) Comparative Method: On a case-by-case basis,the displacing entity will determine the price of a"comparable replacement"unit,which is most representative of the acquired unit,by selecting and considering the listing price of at least three(whenever possible)"comparable replacement" units. (b) Schedule Method: If the Comparative Method is not feasible, the displacing entity may establish a schedule of reasonable acquisition costs of"comparable replacement"units based on a current analysis of the housing market. (c) Alternative Method: When neither the Comparative nor Schedule Methods are feasible,the displacing entity may use another reasonable method. MODEL RELOCATION PLAN PAGE 7 (Attach a more detailed explanation of the method used, and, if appropriate, why other methods were not used. Include an estimate of price differentials for each displaced homeowner, a schedule of acquisition costs, and, to the extent that such information is not included in Attachment 4, a survey of any "comparable replacement" units used in your method-- Attachment 7.) 2. Other Payments: Moreover, displaced homeowners will receive the following assistance: (a) Payments to cover the cost between the difference of the household's current debt or mortgage service and any increase in debt or mortgage costs necessary to acquire a"comparable replacement" housing unit; and (b) Incidental and reasonable one-time costs for acquiring a replacement unit,such as escrow costs,and recording and credit reporting fees. 3. Rental Assistance Option: If a displaced homeowner household, which has purchased and occupied its current unit at least 180 days prior to the"initiation of negotiations,"desires to rent instead of purchase a replacement unit,the household is eligible for all the benefits and assistance that is available to tenant households. However, such replacement housing payments may not exceed the payments the household would have been entitled to if it had elected to purchase a replacement unit. 4. Last Resort Housing Payments: Check one of the following statements, whichever is applicable: (1) There is adequate "comparable replacement housing" for homeowner households. (If you check this paragraph,you may skip the rest of this section.) (2) There is a lack of"comparable replacement housing" for homeowner households. If there is not enough"comparable replacement housing"available,the displacing entity shall pay whatever costs are necessary beyond the statutory cap of$22,500 to acquire a"comparable replacement"unit,including reasonable incidental expenses. A displaced homeowner household which has purchased and occupied its current unit for less than 180 days but at least 90 days prior to the"initiation of negotiations"is eligible for all the assistance and benefits that are available to a tenant household. I. PAYMENT OF RELOCATION BENEFITS Relocation benefit payments will be made expeditiously. Claims and supporting documentation for relocation benefits must be filed with the displacing entity within eighteen(18)months from: (i)the date the claimant moves from the acquired property; -or-(ii)the date on which final payment for the acquisition of real property is made, whichever is later. Procedures for preparing and filing of claims and processing and delivering of payments are attached. (Attach a brief description of your relocation policy regarding procedures for relocation payments and assistance--Attachment 8.) MODEL RELOCATION PLAN PAGE 8 • I 1 No household will be displaced until "comparable" housing is located as defined above and in section 6008, subdivisions (c)and(d)of the Guidelines. Relocation staff will inspect any replacement units to which referrals are made to verify that they meet all the standards of decent, safe, and sanitary as defined in section 6008, subdivision (d) of the Guidelines. However, no household will be denied benefits if it chooses to move to a replacement unit which does not meet the standards of decent, safe, and sanitary housing. J. EVICTION POLICY The displacing entity recognizes that eviction is permissible only as a last resort and that relocation records must be documented to reflect the specific circumstances surrounding any eviction. Eviction will only take place in cases of nonpayment of rent, serious violation of the rental agreement, a dangerous or illegal act in the unit,or if the household refuses all reasonable offers to move. Eviction will not affect the eligibility of a person legally entitled to relocation benefits. K. APPEALS POLICY The appeals policy will follow the standards described in section 6150 et seq. of the Guidelines. Briefly stated, the displaced household will have the right to ask for review when there is a complaint regarding any of its rights to relocation and relocation assistance, such as a determination as to eligibility, the amount of payment, or the failure to provide a comparable replacement housing referral. A copy of the established appeals policy and procedures is attached. (Attachment 9. ) L. PROJECTED DATES OF DISPLACEMENT Households will receive a 90 day notice to vacate before they are required to move. These notices are expected to be issued on or about (give best estimate) Relocation is expected to be completed for all households on or about (give best estimate) M. ESTIMATED RELOCATION COSTS The displacing entity anticipates using the following funds for the Project: Any and all required financial assistance will be provided.The budget estimate for this Project is: MODEL RELOCATION PLAN PAGE 9 I ' TABLE OF ATTACHMENTS Attachment 1: Attach Project Site Map. Attachment 2: Attach Table of Household Characteristics and Needs. (Complete and attach HCD's model Table) Attachment 3: Attach most current HUD Income Category Limits for your County. (Information may be obtained from HCD) Attachment 4: Attach Housing Resource Survey. Attachment 5: Attach Sample Notices and/or Brochures to be given to Displaced Households. Attachment 6: Attach the most current Fixed Payment Moving Schedule. (A schedule of payments may be obtained from HCD.) Attachment 7: Attach, if applicable, Explanation of Purchase Price Differential Method, Schedule of Acquisition Costs, and Survey of Comparable Homeowner Housing. Attachment 8: Attach Relocation Payment Policy regarding Procedures for Relocation Payments and Assistance. Attachment 9: Attach Copy of Established Appeals Policy and Procedures. Attachment 10: Attach Plan Addendum. (Comments submitted regarding the Plan by the Public or HCD.) Attach any other information that you believe is important or helpful. MODEL RELOCATION PLAN PAGE 10 A Exhibit"C" RELOCATION ASSISTANCE APPEAL COMPLAINT FORM PERSONAL INFORMATION NOTICE:Pursuant to the Federal Privacy Act(P.L.93-579)and the Information Practices Act of 1977(Civil Code Sections 1798,et seq.),notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6,Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification,to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your local IPA Office. INSTRUCTIONS TO APPELLANTS: Address of Subject Parcel: State nature of your complaint and reasons for this appeal in space at bottom. Attach extra pages if needed. You will be notified of the date when your complaint will be considered. Sign and date this form and mail to: Print or type your full name(s): Attn: [NAME] [CITY/AGENCY] Present mailing address: [DEPARTMENT] [ADDRESS] [CITY, STATE ZIP] Day telephone number: ( ) - Evening telephone number: ( ) - FOR DISPLACING AGENCY USE ONLY Will you be present at the hearing?: [ ]Yes [ ] No Assessor Parcel No: Will you be represented by counsel?: [ ]Yes [ ] No R/W No: This appeal is based on: [ ] Eligibility only [ ] Amount of Payment only Other: [ ] Eligibility amount The Appellant is: [ ] Residential Owner-Occupant [ ] Residential Tenant [ ] Business Owner/Operator Appellant's Statement: This is an appeal of a determination made by the Displacing Agency under the California Relocation Assistance Law (Government Code, Section 7260 et seq.)or Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 USC§§4601 et.seq.).The nature of my complaint and the reasons why I believe the determination is improper are stated below and/or on the attached pages. Appellant's Signature: Date: Exhibit"B" SAMPLE BUSINESS SUPPLEMENT PAYMENT FOR BUSINESS ELECTING TO RENT: Old Address New Address (Actual) New Address(Prorated) 1 Square Footage 1,000 1,200 1,000 2 Price/Square Foot $0.50 $1.00 $1.00 3 Rent(Linel x Line2) $500 $1,200 $1,000 4 Annual Rent $6,000 $14,400 $12,000 (Line3 x 12 months) 5 Property Taxes $0 $0 $0 6 Utilities $600 $1,200 $1,000 7 Maintenance ' $0 $0 $0 8 Total Annual Costs $6,600 $15,600 $13,000 (Sum of Lines 4 to 7) 9 '",Business Supplement "7.5k New Address(Lesser of Actual or Prorated)ininuSD1d,Additess','5100fr SAMPLRBUSINESS,SUPPLtMENVPAYMENT,FOMBUSINESSELEtTINGTO;;;,;;A: PURCHASE Old Address New Address 1 Square Footage 3,000 2,000 2 Price/Square Foot $0.35 $1.00 3 Economic Rent(Linel $1,050 $2,000 x Line2) 4 Annual Economic Rent $12,600 $35,200 (Line3 x 12 mos.) 5 Property Taxes $3,000 $4,000 6 Utilities $4,800 $7,200 7 Maintenance $0 $0 8 Total Annual Costs $20,400 $35,200 (Sum of Lines 4 to 7) 9 Busmess Supplement New AddIess(Economic Rent of Comparable Site).mmis Payment Old Addi:esi.(ECOUOmic.R eht),k,6 $35,200 iinus$20,400=$14,800,Payment Maximum$10 000