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HomeMy WebLinkAboutJanuary 5, 1999~ ~ NOTICE OF SPECIAL MEETING '~~ As authorized by Arcadia City Charter Section 408 and California Government Code Section 54956 a Special Meeting of the Arcadia City Cl~ ~1 Council is hereby called for the City of Arcadia Administrative Conference Room located at 240 W. Huntington Drive, Arcadia, California at 5:00 p.m. ~'Ca~~ on January 5, 1999. ' Office of the The purpose of this meeting is to conduct closed sessions as set forth by the Clty COLll1C11 following items of consideration: a. Pursuant to Govemment Code Section 54956.9(a) to confer with legal ~ry A~ ~~y~~~ counsel regarding the case of T. Smith v. City of Arcadia. ~Ylaro~ ~« c~~~~~ b. Pursuant to Govemment Code Section 54956.9(b) to confer with legal n,,~,,,,on„~~ counsel regarding facts and circumstances that involve a significant exposure to litigation against the City, based on the advice of legal counsel. Robert C. Halbicht ca~ n. r,~rswu c. Pursuant to Government Code Section 54956.9(a) to confer with legal ~ Gi`wRoncclli counsel regazding the workers compensation case of K. Winter v. City of ~ Councild4milxn Arcadia. ~'`•-- d. Pursuant to Government Code Section 54957.6 to confer with City ]abor negotiators Carol Przybycien, Dan Cassidy and William Kelly - regarding Teamsters Loca1911, AFSCME Loca12264, AFFA, Management and non-represented employees. No further business other than the above items shall be considered at this meeting. 2i0 ri'ar Hun~in~un Drive 1'ust Oflicc Bus 600L Mrad'u. CA. 910h6~E011 A regular City Council meeting is scheduled for 630 p.m. Dated: December 30, 1998 APPROVED AS TO FORM: . ~ Mi ael H. Mi ler City Attorney c: Ptavor and Citv Council M or o he City of Arcadia lA iG261 57i - SS(13 ~G26~ ii6 ~ Si2H Fas ~° l a`,.--' A N N 0 T A T E D -~ ~ A G E N D A~ ~^~ Arcadia City Council and . Redevelopment Agency . ~cOtrourso• •e Meeting January 5, 1999 5:00 p.m. Administrative Conference Room (Special Meeting) ACTION ROLL CALL: Council Members Chandler, Harbicht, Marshall, Roncelli and Kovacic All presenc 1. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO No one spoke ADDRESS THE CITY COUNCIL (NON-PUBLIC HEARING/ FIVE MINUTE TIME LIMIT PER PERSON) RE: 5:00 P.M. SESSION. 2. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the case of T. Smith v. City of Arcadia. b. Pursuant to Government Code Section 54956.9(b) to confer with legal counsel regarding facts and circumstances that involve a significant exposure to litigation against the City, based on the advice of legal counsel. c. Pursuant to Government Code Section 54956.9(a) to confer with legai counsel regarding the workers compensation case of K. Winter v. City of Arcadia. d. Pursuant to Government Code Section 54957.6 to confer with City labor Council RECESSED to negotiators Carol Przybycien, Dan Cassidy and William Kelly regarding the Closed Sessions Teamsters Local 911, AFSCME Local 2264, AFFA, Management and at 5:03 p.m. non-re resented em 10 @8S. RECONVENED in the P P Y Council Chambers at 6:30 p.m. 6:30 p.m. Council Chambers (Regular Meeting) INVOCATION Rev. Gary Clark, Christian Center of Arcadia PLEDGE OF ALLEGIANCE Jan Mc Eachern, President, PTA Council ROLL CALL: Council Members Chandler, Harbicht, Marshall, Roncelli and Kovacic All present City Attorney Miller announced the subjects of the earlier Closed Sessions ~ • 4 _ ~ • ACTION 3. PRESENTATION of Holiday Home Decoration Awards by the Arcadia Beautiful Commission. BRIEF RECESS 6:47 to 7:07 p.m. 4. 5. 6. 7. 8. PRESENTATION to Pasadena Tournament of Roses Princess Chaitali Gala, Princess Olivia Wilson and Queen Christina Farrell. PRESENTATION to Pasadena Tournament of Roses Association incoming President, Ken Burrows. PRESENTATION of Mayor's Senior Service Award to Arthur Henke. PRESENTATION of Mayor's Youth Service Award to Betsy Burcham. SUPPLEMENTAL INFORMQTION FROM STAFF REGARDING AGENDA ITEMS. Nothing 9. QUESTIONS FROM CITY COUNCIL/REDEVELOPMENT AGENCY REGARDING AGENDA ITEMS. MOTION: Read all Ordinances and Resolutions by title only and waive reading in full. 10. PUBLIC HEARING See minutes Pub.Hrg. Closed a. Report and recommendation to introduce Ordinance No. 2097, an n,-.~ ~na~ Tntrp- Ordinance of the City Council of the City of Arcadia, California, granting a duced 5-0 non-exclusive franchise to Metricom, Inc., to install and operate a wireless communication radio network in the City of Arcadia rights-of-way - (Approval of Franchise Agreement). 11. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO .T. Gomez ADDRESS THE CITY COUNCIL/REDEVELOPMENT AGENCY D. Delgatto (NON-PUBLIC HEARING/FIVE MINUTE TIME LIMIT PER PERSON). 12. MATTERS FROM ELECTED OFFICIALS City Council Reports/Announcements/Statements/Future Agenda Items see minutes 13 . JOINT MEETING OF THE ARCADIA CITY COUNCIL AND REDEVELOPMENT AGENCY ROLL CALL: Council/Agency Members Chandler, Harbicht, Marshall, Roncelli and Kovacicnll Presenc a. Minutes of the December 15, 1998 Regular Meeting. ~pro~ea 5-0 2 ,T ~ ~ ACTION b. Report and recommendation requesting that the City Council certify a Approved 5-0 a Project Area Committee for Central Downtown Redevelopment; and that the Redevelopment Agency forward to the Project Area Committee a Text Amendment to the Central Redevefopment Plan re-authorizing the power of eminent domain from January 1, 1999 to December 31, 2010 ADJOURN Redevelopment Agency to January 19, 1999 at ~ p.m. MEETING OF THE ARCADIA CITY COUNCIL 14. CONSENT a. Minutes of the December 15, 1998 Regular Meeting. apnroved 5-0 b. Report and recommendation to award a Professional Services Agreement A~n,-~~Pa S-n to Americlean Environmental Services Inc., in the amount of $25,095.00 to develop and implement a citywide commercial/industrial waste reduction program and direct stafF to collect $2,310.00 from the City's permitted commercial waste haulers as reimbursement for costs related to a disposal/diversion audit. ~ c. Report and recommendation to appropriate $27,440.73 from the Berger Approved 5-0 Fund for the purchase of exercise equipment, portable radios and battery chargers/battery conditioners for the Fire Department. d. Report and recommendation to award a Professional Services Agreement apProvea 4-1 in the amount of $29,860.00 to Meyer, Mohaddes Associates, Inc., for the Roncelli opposed development of a Transportation Master Plan and Impact Fee Program. e. Report and recommendation to adopt Resolution No. 6093, A Resolution aaopcea 5-0 of the City Council of the City of Arcadia, California, establishing compensation and related benefits for employees represented by AFSCME for January 5- June 30, 1999. Report and recommendation to adopt Resolutions No. 6097, 6098 and Adonted 5-0 6099: Resolution No. 6097, A Resolution of the City Council of the City of Arcadia, California, electing to be subject to Pubiic Empfoyees' Medical and Hospital Care Act only with respect to members of APOA and fixing the employer's contribution for employees and the employer's contribution for annuitants at different amounts. 3 i . _ ~v . • (Consent Continued) ACTION Resolution No. 6098, A Resolution of the City Council of the City of Adouted 5-0 Arcadia, California, electing to be subject to Public Employees' Medical and Hospital Care Act only with respect to members of the Clty Council and fixing the employer's contribution for employees and the employer's contribution for annuitants at different amounts. Resolution No. 6099, A Resolution of the City Council of the City of Adooted 5-0 Arcadia, California, electing to be subject to Public Employees' Medical and Hospital Care Act only with respect to members of City Council and irxing the employer's contribution for employees and the employer's contribution for annuitants at different amounts. 15. CITY MANAGER Report and recommendation to adopt Resolution No. 6088, A Resolution t.~ nude _c.~ of the City of Arcadia, California, approving the transfer and assignment Jan. 1~ 9 rttg. 5-0 of the non-exclusive cable television franchise from TCI Cablevision of Sierra Madre/Arcadia, Inc. to AT&T. To be continued to January 19, 1999. b. Report and recommendation to authorize staff to fill the position of Firefighter AQDrovea 5-0 in the Fire Department. c. Report and recommendation to Introduce Ordinance No. 2098, An Introduced 5-0 Ordinance of the City Council of the City of Afcadia, California, amendi~g certain sections ~f Division 1 and 2 of Part 2, Chapter 2, Article III regafding Prima Facie speed limits. s:oo ADJOURN City Council to January 19, 1999 at ~ p.rr~. Adjournment - 8:51 p.m. 4 r \ D -'O -3v ,yam *% /lil y'. _iu I" *\ ,r MEMORANDUM i RPOHAT6P. OFFICE OF THE CITY MANAGER . January 5, 1999 TO: Mayor and City Council FROM: William R. Kelly, City Manager l,4 By: Cindy Rowe, Community Relations Officer - SUBJECT: Report and Recommendation to Continue Resolution No. 6088, Approving the Transfer and Assignment of the Non-Exclusive Cable Television Franchise from TCI Cablevision of Sierra Madre/Arcadia, Inc., to AT&T DISCUSSION This item was continued from the December 15, 1998, City Council meeting. Richard Patch of TCI's law firm, Coblentz, Patch, Duffy and Bass, LLP, sent proposed edits to the agreement and resolution to the City on December 22 and those edits were then faxed to John Risk of Communications Support Group and to Bill Marticorena, our special legal counsel for their review and concurrence. Mr. Marticorena was on vacation until January 4. Neither he nor Mr. Risk have had the opportunity to provide the expert input that is necessary. Until proper review has been conducted, staff is not comfortable with bringing this item to the Council for action. Delaying approval of the transfer itself does not adversely affect either TCI or the City on January 5. However, the Federal government has a specified 120-day review period for a transfer of this nature and that review period expires on January 13, 1999. Unless a mutually agreed upon extension to January 19 occurs, the transfer goes forward without City input. On December 30, staff attempted to reach TCI's General Manager, Kurt Taylor and his assistant, Sue Frando, Director of Franchising, Susie Evans and her assistant, Marian Jackson, and TCI attorney, Richard Patch, to request a letter of extension; all LASER 5 . IMAGED C n, /5 � t TCI/AT&T Transfer January 5, 1999 Page two • were on vacation and not expected back until January 4. Mr. Patch's secretary agreed to locate Mr. Patch and request said letter, however it was not available when this report was prepared. In a previous telephone conversation with Susie Evans, staff was assured that TCI would agree to whatever extensions were necessary in order to complete the transfer. In the event TCI does not grant the extension, the City Council may consider the agreement and resolution as originally presented as part of the attached December 1 staff report. RECOMMENDATION Due to the delays caused by holiday schedules, it is recommended that the City Council continue this item to January 19, 1999, provided a letter of agreement from TCI for a time extension has been received. • 0e/90— `) • ,-' 0..5'-36+--- (9O_ M . •p)1 10 14°)11. Iti 4, ..s.R A j, STAFF REPORT OpORTgO DEVELOPMENT SERVICES DEPARTMENT January 5, 1999 TO: Mayor and City Council FROM: Don Penman, Deputy City Manager/Development Services Director Ed Cline, Traffic Engineer Prepared By: Tom Shahbazi, Associate Civil Engineer SUBJECT: REPORT AND RECOMMENDATION TO AWARD A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF $29,860 TO MEYER, MOHADDES ASSOCIATES, INCORPORATED FOR THE DEVELOPMENT OF A TRANSPORTATION MASTER PLAN AND IMPACT FEE PROGRAM Summary The Engineering Division received four proposals from consultants to prepare the City's Transportation Master Plan and Impact Fee Program. As a result of review of proposals and subsequent interviews, staff recommends that a contract in the amount of $29,860 be awarded to Meyer, Mohaddes Associates, Incorporated for the development of a Transportation Master Plan and the Impact Fee Program. Discussion As development occurs within the City based on the General Plan, certain future proje Its will result in traffic volumes that exceed the capacity of the existing citywide arterial system. Failure to expand the capacity of the existing arterial system may cause unacceptable levels of congestion on streets and intersections, traffic accidents, air pollution, noise, and restriction of access for emergency vehicles. In order to impleme t the goals and objectives of the Circulation Element of the City's General Plan, and to mitigate the traffic impacts caused by new development in the City of Arcadia, certain public street improvements should be constructed. The Transportation Master Plan is a tool used by managers and engineers to assist in making cost effective decisions related to transportation and traffic issues. The proposed Fee Program is designed to generate sufficient revenues to finance the needed improvements. Staff solicited proposals from six (6) firms to conduct this study, with four (4) responding. Interviews with the four firms were subsequently conducted. Meyer, Mohaddes Associates, Incorporated was determined to be the most qualified to provide the requ sted LASER 11 AGED Mayor and City Council January 5, 1999 Page 2 of 2 services. Meyer, Mohaddes Associates, Incorporated located in Los Angeles, is a very qualified firm with many years of experience in the transportation-planning field. The work program for this effort will specifically involve the following components: • Identify deficient intersection/links. • Develop typical street cross-section widths. • Identify list of circulation improvements and costs. • Allocate costs to existing funding sources and new development. • Calculate traffic impact fee and identify alternative funding sources. Fiscal Impact Meyer, Mohaddes Associates, Incorporated submitted a proposal for this project in the amount of $29,860. Gas Tax Funds in the amount of $30,000 were budgeted in the 1998- 99 Capital Improvement Program to cover the cost of consultant services to develop a Transportation Master Plan and Impact Fee Program. Recommendation It is recommended that the City Council award the attached professional services agreement in the amount of $29,860 to Meyer, Mohaddes Associates, Incorporated fqr the development of a Transportation Master Plan and Impact Fee Program, and authorize the City Manager and City Clerk to execute the contract agreement in a form approved by the City Attorney. Approved By: 1 William R. Kelly City Manager DP:EC:ts Attachment — Agreement for Consulting Services r AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES (hereinafter referred to as "Agreement") is made and entered into this 8' 1L day of Feb ru_ r-'- , 19199, by and between the City of Arcadia, a Municipal Corporation, (hereinafter referred to as "Arcadia") and Meyer, Mohaddes Associates, Incorporated, (hereinafter referred to as "Consultant"). RECITALS WHEREAS, Arcadia has selected Meyer, Mohaddes Associates, Incorporated to undertake the professional services as fully described in Exhibit "A" (copy attached) for the development of a Transportation Master Plan and Impact Fee Program; and WHEREAS, Consultant represents that it has experience and technical competence to act as Consultant to Arcadia for the services required by this contract. NOW THEREFORE, the parties agree as follows: 1. REPRESENTATIVES OF THE PARTIES AND SERVICE OF NOTICE The representatives of the parties who are primarily responsible for the administration of this Agreement and to whom formal notices, demands and communications shall be gi'en, are as follows: All notices and written communications sent to Arcadia under the Agreement shall be sent to the following address, unless authorized in writing to be sent elsewhere by Arcadia: CITY OF ARCADIA Attn: William R. Kelly, City Manager 240 W. Huntington Drive Arcadia, CA 91007 All communications sent to Consultant shall be sent to: MEYER, MOHADDES ASSOCIATES, INCORPORATED Attn: Michael Meyer 900 Wilshire Boulevard, Suite 120 Los Angeles, CA 90017 Any such notices and written communications by mail shall be conclusively deemed to have been received by the addressee five (5) days after the deposit thereof in the U.S. Mail, first-class postage and properly addressed as noted above, or upon actual receipt thereof if delivered by personal service. 1 . . .- 2. DESCRIPTION OF WORK Arcadia hereby engages Consultant, and Consultant accepts such engagement, to perform the services set forth in the attached Exhibit "A" incorporated as part of this Agreement, Arcadia's principal representative, or the representative's designee, shall have the fight to review and inspect the work during the course of its performance at such times as ay be specified by the representative. 3. COMMENCEMENT AND COMPLETION OF WORK A. The execution of this Agreement by the parties constitutes an authorization to proceed, unless otherwise provided by the terms of this Agreement. B. The work described in Exhibit "A" shall be completed in accordance with the schedule set forth in said Exhibit or.as otherwise agreed upon in writin. by amendments to this Agreement. 4. DATA PROVIDED TO CONSULTANT Arcadia shall provide to Consultant to the extent feasible, all data, including reports, records, and other information, as requested by Consultant to perform this Agreement. 5. OWNERSHIP OF DOCUMENTS All files, records, reports, studies and other documents prepared or obtained by this Agreement shall be the property of Arcadia. Basic notes, computations, computer diskettes and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to Arcadia without restriction or limitation on their se. Consultant shall deliver such materials to Arcadia according to the terms of ju this Agreement. Consultant shall have the right to make duplicate copies of such material an d documents for his/her files as may be authorized in writing by Arcadia. 6. RELEASE OF INFORMATION All information gained by Consultant in performance of this Agreement shall not be released by Consultant without Arcadia's prior written authorization. Confidentiality and disclosure shall be subject to the California Public Records Act. (Government Code Section 6250 et. seq.) 7. CONFLICTS OF INTEREST Consultant covenants that neither they nor any officer or principal of their firm have any interest in, nor shall they acquire any interest, directly or indirectly which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent, or subconsultants (see warra ty - Section 15). S. COMPENSATION AND PAYMENT A. Consultant agrees to provide the services set forth in the attached Exhibit "A" hereto, for a fee based on time and materials not-to-exceed $29,860. Shbuld Arcadia request, in writing, that Consultant perform additional work and services beyond those required under this Agreement, compensation for such services hall be on a time and material basis as outlined in Exhibit "B" attached hereto and made a part hereof. . B. On or before the tenth (10th) day of each calendar month following the commencement of the work, Consultant shall cause to be made and submitted to Arcadia a written value of the time for all work completed and materials incorporated into the project up to the first day of that month. If Arcadia requsts, the consultant shall provide Arcadia along with the invoice, copies or verification of all work performed for which Arcadia is being invoiced. In reviewing and approving such invoice, Arcadia may consider, in addition to other facts and circumstances, the relationship of the work completed to the work remaining to be done. Arcadia shall have the right to retain ten percent (10%) of the estimated cost of the work as partial security for Consultant's performance of this Agreement. Within thirty (30) days after approval of Consultant's invoice, Arcadia shall pay to Consultant that balance of such invoice after deducting therefrom all rior payments and all sums to be retained as partial security under the terms of this Agreement. C. Upon satisfactory completion of all work and services described in Exhibit 'A", and Arcadia's approval thereof, Arcadia shall pay Consultant for the total amount remaining due for each increment or phase of the work, including all f nds retained as partial security. Final payment shall be made by Arcadia to Consultant within thirty (30) days after Arcadia's written acceptance of the work. D. EXTRA SERVICES. If after work commences pursuant to this Agreement, it becomes apparent that additional work not originally contemplated as within the scope of this Agreement may be necessary such as that shown on Exhibit "A", or otherwise, if such services are performed, Contractor shall be compensatdd at Contractor's prevailing time and materials rate schedule as outlined in Exhibit hB". The Contractor shall inform Arcadia in writing of the need for such additional work. No additional work shall be done without the prior written approval of Arcadia. 9. MANAGEMENT The City Manager or his designee shall represent Arcadia in all matters pertaining to the 3 administration of this Agreement, including without limitation, coordination of all necessary meetings and conferences, and review and approval of all products submitted by the Consultant. Authority to enlarge the scope of services or change the compensation due to Consultant is subject to approval of the City Council. 10. INDEPENDENT CONTRACTOR Consultant is and shall at all times be deemed to be an independent contractor and shall be solely responsible for the manner in which it performs the services required b{ the terms of this Agreement. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between Arcadia and Consultant or any of the Consultant's employees or any subconsultants. Consultant assumes sole responsibility for the acts of its employees and any subconsultants as related to the services to be provided during the course and scope of their employment. 11. CONSULTANT'S PERSONNEL A. All services required under this Agreement shall be performed by Consultant, or under Consultant's direct supervision, and all personnel shall possess the qualifications, permits and licenses required by State and local law to perform uch services. B. Consultant shall be solely responsible for the satisfactory work performance f all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by Arcadi . C. Consultant shall comply with all federal and state statutes and regulations rel i ting to the employer/employee relationship, including but not limited to, minimum wage, non-discrimination, equal opportunity, workers' compensation, hazardous/unsanitary or dangerous surroundings, the Fair Labor Standards lAct, 29 U.S.C., 201, et. seq., and the Immigration Reform and Control Act of 1986 8 U.S.C. 245 (a). 12. SUBCONTRACTING, DELEGATION, AND ASSIGNMENT This Agreement covers professional services of a specific and unique nature. Consultant shall not delegate, subcontract or assign its duties or rights hereunder, either in whoe or in part, without the prior written consent of Arcadia. Any proposed delegation, assignment or subcontract shall provide a description of the services to be covered, identification and qualifications of the proposed assignee, delegee or subcontractor and an explanation of why and how the selection was made. 13. NON-DISCRLMINATION AND EQUAL EMPLOYMENT OPPORTUNITY A. In the performance of this Agreement, Consultant shall not discriminate against any 4 employee, subcontractor, or applicant for employment because of race, c lor, religion, ancestry, sex, national origin, disabilities or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. B. The provision of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. Arcadia shall have access to all documents, data and records of Consultant and its subcontractors for purposes of dete g compliance with the equal employment opportunity and non-discrimination provisions of this Section, and all applicable provisions of Executive Order No. 11246 which is incorporated herein by this reference. A copy of Executive Order 11246 is available for inspection and on file with Arcadia. 14. INDEMNITY AND INSURANCE A. HOLD HARMLESS AND INDEMNITY. Consultant agrees to indemnify an hold harmless Arcadia, their officers, and employees from any claims, suit and liabilities for damage to person or property arising out of Consultant's e rors, omissions or negligent acts. B. INSURANCE Consultant shall carry commercial liability insurance with corn fined single limits of at least $1,000,000 naming the City of Arcadia as additional insured. Proof of such insurance in a form and content approved by the Arcadia City Attorney is a condition precedent to execution of this Agreement by Arcadia. Insurance shall be maintained with insurers listed "A" or better in the Best's Insurance Guide and be authorized to do business in the State of California. Consultant shall also maintain professional liability insurance covering errors and omissions providing protection of at least $1,000,000 for errors and omissions with respect to losses, claims, and liability arising from action of consultants in performing pursuant to this Agreement. C. Workers' Compensation and Liability A program of Workers' Compensation insurance or state-approved self-insurance program in an amount, form and as broad as to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with limits of at least $100,000 per occurrence. Should the Consultant be self- employed, he/she must certify under Section 3800 of the California Labor Code, the performance of the work for which this contract is issued is without employing any person in any manner so as to become subject to the Workers' Compensation Laws of California. 5 15. CONSULTANT'S WARRANTIES AND REPRESENTATIONS Consultant warrants and represents to Arcadia as follows: A. Consultant has no knowledge that any officer or employee of Arcadia has any interest whether contractual, noncontractual, financial, proprietary or othe ise, in this transaction or in the business of the Consultant, and that if any such hit-rest comes to the knowledge of Consultant at any time, a complete written disclosure of such interest will be made to Arcadia, even if such interest would not be deemed a prohibited "conflict of.interest" under applicable laws. B. Upon the execution of this Agreement, Consultant has no interest, dire t or indirect, in any transaction or business entity which would conflict with or any manner hinder the performance of services and work required by this Agreement, nor shall any such interest be acquired during the term of this Agreement. 16. RESOLUTION OF DISPUTES (ATTORNEY FEES) A. Disputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good with negotiations between the parties. B. If any action at law or in equity is brought to enforce or interpret any provi ions of this Agreement, the prevailing party in such action shall be entitle to reasonable attorney's fees, costs and necessary disbursements, in addition to uch other relief as may be sought and awarded. 17. MODIFICATION OF AGREEMENT The terms are subject to modification by mutual agreement between Arcadia and Consultant which such changes shall be incorporated by authorized written amend ents to this Agreement. The parties agree that the requirements for prior written ch ges, amendments, or modifications to this Agreement may not be waived and any atte pted waiver shall be void. 18. TERMINATION A. City may terminate this Agreement without cause upon five (5) days written trtice to Consultant to the address specified in this Agreement. Notice may in4lude telephonic communication to Consultant to cease work. Should City terminate this Agreement, Consultant agrees to immediately discontinue performance and deliver to City the work which he has completed, including all maps, data, reports and like materials. Consultant shall receive a fee equal to an amount which bears the Same relationship to the total fee payable pursuant to Section 8 that the amount of work 6 performed by Consultant prior to such termination bears to the total work to be performed by Consultant to this Agreement. B. City may terminate this Agreement with cause effective immediately upon written notice of such termination to Consultant, based upon the concurrence of any of the following events: (1) Material breach of this Agreement by Consultant; (2) Cessation of Consultant to be licensed, as required; (3) Failure of Consultant to substantially comply with any applicable federal, state or local law or regulation; (4) Filing by or against Consultant of any petition under any law for the r lief of debtors; and (5) Filing of a criminal complaint against Consultant for any crime, other than minor traffic offenses. C. Work Product. In the event of termination, Consultant shall, at City's request, promptly surrender to City all completed work and work in progress and all materials, records, computerized information and notes developed, procured, or produced pursuant to this Agreement. Consultant may retain copies of such 'ork product as a part of its record of professional activity. 19. ENTIRE AGREEMENT AND AMENDMENTS A. This Agreement supersedes all prior proposals, agreements and understan ings between the parties and may not be modified or terminated orally. B. No attempted waiver of any of the provisions hereof, not any modification in the nature, extent or duration of the work to be performed by Consultant hereunder, shall be binding unless in writing and signed by the party against whom the dame is sought to be enforced. 20. GOVERNING LAW This Agreement shall be governed by the laws of the State of California. 21. EFFECTIVE DATE This Agreement shall become effective as of the date set forth below in which the last of the parties, whether Arcadia or Consultant, executes said Agreement. 7 22. KEY PERSON It is acknowledged and agreed that the key person and contact for the performance o this Agreement is Ed Cline, Traffic Engineer. No other person shall be substituted i this capacity, and Michael Meyer shall communicate directly with the City project managers. He shall be available for contact by the City and shall attend all meetings as requested by City, unless excused. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be exe uted and attested by their respective officers thereunto duly authorized. CITY OF ARCADIA "CITY" By r Dated: M • , 1999 City Manager MEYER, MOHADDES ASSOCIATES, INCORPORATED "CONSULTANT" By l i / /, Dated: / a// , 1999 Via .Presiden APPROVED AS TO FORM: c By r)(17 C ty A torney 8 Transportation Plan Impact Fee Study City of Arcadia 2. SCOPE OF WORK The personnel proposed for this study have managed or played key roles on similar projects in other cities. We recognize that technical expertise alone will not ensure a workable product. Rather, City staff needs to be closely involved with our staff throughout the course of the study and participate in tksks ranging from developing typical cross-sections and identifying potential improvements to, of course, developing the actual fee program. A strong working relationship between City and consultant staff`will help develop a product that City staff can feel comfortable with and can apply to exact impact fees from new development, knowing the methodology used to develop the program was a sound and defenslible one. Our technical approach is described in detail below. TASK 1. IDENTIFY DEFICIENT INTERSECTIONS /LINKS This task will identify the intersections and links that are expected to be deficient in the General Plan Buildout Horizon Year. The City has identified Level of Service (LOS) E or worse as the criteria for intersections operating at an unacceptable LOS. These deficient locations will be the focus of the subsequent analysis. Existing sources of data will be assembled from City staff. Traffic forecasts for the General Ian Buildout Horizon Year are available in the City's current General Plan Circulation Element and recent peak hour turning movement counts have been collected for the proposed Santa Anita Commercial Center traffic study. It is assumed that additional traffic counts will not be required. Turning movement forecasts are not available for the General Plan Buildout Year, so existing to movement counts, link forecasts, and engineering judgment will be used to produce reasonable turning movement volumes for the Buildout Year. NIMA has developed a post-processor which converts link volumes to turning movements, based on initial splits derived from existing counts. For intersections where existing turning movement counts are not available, volumes will be estimated based on adjacent intersections. Potential changes in travel patterns associated with the proposed development at the Santa Anita Race Track and the proposed sale of the Santa Anita Fashion Park will be taken into account. Regional through traffic currently passes through the City on facilities such as Huntington Drive, Foo ' 1 Boulevard, and the Foothill Freeway (I-210). When the Route 30 Freeway opens, travel patterns in he City are likely to be affected. Existing traffic forecasts from regional sources such as the South m California Association of Governments (SCAG) and the San Bernardino Association of Governments (SANBAG) will be used to isolate the impacts of the through traffic so that new developments will be assessed fees based solely on the potential traffic impacts associated with their developments. LOS will be estimated for the signalized intersections of arterial streets. The intersections that e expected to operate at a deficient LOS will be summarized in a table and displayed in a figure. They will be reviewed with City staff before potential improvements are identified. %ter •' s Meyer, Mohaddes Associates 7 Transportation Plan Impact Fee Study City of Arc dia TASK 2. DEVELOP TYPICAL CROSS-SECTIONS Typical street cross-section widths are currently identified in the City's Municipal Code. Most cities provide this definition in the Circulation Element of their General Plans. The typical cross-sectionsi for each roadway classification in the Circulation Element will be reviewed and revised as appropriate. The actual street width, parkway width, and right-of-way requirements will be identified taking into account factors such as the actual operating conditions along City streets and requirements of the Americans with Disabilities Act (ADA). The typical cross-sections will be graphically displayed in the Transport ition Master Plan. TASK 3. IDENTIFY LIST OF CIRCULATION IMPROVEMENTS AND COSTS Circulation improvements will be identified for the list of deficient intersections. Where feasible, the proposed improvements will mitigate the locations to an acceptable LOS for the General Plan Buil out Year.. Potential improvements may include traditional measures such as roadway widening and sikrnal improvements, but will also include measures such as transit infrastructure improvements. Intellirgent Transportation Systems (ITS) measures will be considered for the specialized uses in the City such as the Santa Anita Race Track and Santa Anita Fashion Park. The seasonal demand associated with the lace Track would make measures such as changeable message signs and closed circuit television (CCTV) viable options while the large employment base at the Fashion Park would make Transportation Demand Management (TDM) measures such as employer-subsidized transit passes and encouraging non-moto ized transportation modes attractive options. Conceptual-level plans and planning-level cost estimates, in 1998 dollars, will be prepared fo the proposed circulation improvements. The plans and cost estimates will be reviewed with City staff prior to the development of the impact fee program. TASK 4. ALLOCATE COSTS TO EXISTING FUNDING SOURCES AND NEW DEVELOPMENT This task will allocate the cost of the circulation improvements to new and existing development based on relative benefits received. It will identify a maximum allowable cost that can be imposed on new development through an impact fee. Any remaining improvement costs will have to be funded by other sources. For this purpose, we will allocate improvements and their costs into three categories: • Improvements necessary to accommodate new development based on maintenance of existing levels of service. • Improvements needed to solve existing deficiencies in areas with levels of service curr ntly below standard as established by City policy. f I • Improvements that would result in improving levels of service over existing levels. Meyer, Mohaddes Associates 8 Transportation Plan Impuci Fee Study City of Arcadia The cost of improvements in the first category may be fully allocated to new development through an f impact fee. Improvements in the second category must be funded by funding sources besides impact fees because these costs are not the sole responsibility of new development. Funding of improvements the third category can be shared between impact fees and alternate sources to the extent that both new and existing development benefit from the higher levels of service. Based on our experience with similar studies, it is not unusual that all planned improvements are needed to accommodate new development because current levels of service still decrease by the General Plan Buildout Year even with the improvements in place. This task is critical for documenting an impac fee that can withstand legal challenge by demonstrating that new development will be funding only those new facilities necessary to accommodate it. TASK 5. CALCULATE IMPACT FEE AND IDENTIFY ALTERNATIVE FUNDLNG SOURCES In this task, we will estimate the maximum allowable impact fee on new development based on the allocation of costs conducted in the previous task. A per trip fee will be developed, taking into consideration such issues as the increasing number of private schools proposed in the City, the conversion of existing development into newer, possibly more intensive uses, and the issuance of Conditional Use Permits for sites throughout the City. The program will be structured to be as general as possible to allow greater flexibility for the City. The per trip fee will be converted to a per square foot fee per dwelling unit and per student for various land uses currently being proposed'in the City, as these es of fees are generally more easily applied by Planning Department staffs. Established sources such as the Institute of Transportation Engineers' Trip Generation Manual will be consulted to develop appropriate trip rate estimates. In addition, we will identify alternative funding sources that could be used in conjunction with an im act fee. We will draw from our experience in similar studies to consider all potential funding sources, including federal funds through TEA-21 legislation, state gas tax funds and local sales tax funds. Our experience working with the Los Angeles County Metropolitan Transportation Authority to develop a regional transportation financing plan will be helpful because of the potential applicability of funding sources identified in that study to local jurisdictions. TASK 6. RE P PARE REPORT A preliminary report addressing the Transportation Master Plan and the Transportation Impact Fee Program will be prepared for City review. The Transportation Master Plan will include the list of deficient locations and the associated improvements and cost estimates as well as the typical cross-section widths for the roadway classifications in the Circulation Element. It will also summarize existing funding sources and the new development proposed in the City. The Transportation Impact Fee Program will include a description of methodology, findings, and recommendations focusing on the proposed impact fee and nexus with new development. Development land uses and trip generation will also be carefully documented as well as the rationale behind the land uses identified for the fee program. Meyer, Mohaddes Associates 9 ' . (T Transportation Plan Impact Fee Study City of Arc dia MMA will prepare a final draft of the report that responds to the City's comments on the prelim' ary report. Our budget includes up to 20 hours of staff time to revise the initial draft report. Additional time required to respond to City or public comments will be provided on a time-and-materials basis ove and above our proposed budget. TASK 7. ATTEND MEETINGS Our budget includes the attendance of MMA staff at up to three meetings with City staff and up to two meetings with the public, Planning Commission, and City Council. Additional meetings will be pro ided on a time-and-materials basis at the request of the City. We are open to providing outreach to the private sector, including the Santa Anita Fashion Park and the Santa Anita Race Track. Meyer, Mohaddes Associates 10 Meyer, Mohaddes Associates, Inc. STANDARD FEE SCHEDULE STAFF LEVEL HOURLY RATE Principal $ 110 - 160 Associate Principal $ 100 - 140 Senior Engineer/Planner . $ 80 - 120 Engineer/Planner $ 65 - 100 Associate Engineer/Planner $ 60 - 90 Assistant Engineer/Planner $ 50 - 75 Technical Support/Editing $ 25 - 55 Computer Aided Drafting Support $ 35 - 65 Word Processor $ 30 - 50 Graphics Support $ 35 - 60 Standard Terms and Conditions • Invoices are due and payable within 30 days of date of invoice. Invoices outstanding over 30 days will be assessed a 11/4 percent service charge not to exceed the maximum allowable by law, for each 30 days outstanding beyond the initial payment period. • Project expenses will be billed at cost plus 10 percent for service and handling. Expenses include project-related costs, such as computer charges, subcontractor services, postage/delivery service, reproduction, transportation, and subsistence. Effective through January 1, 2000. Exhibit B DATE(MM/DD/YY) CERTIFIC/1 ®F.I,NSIJf��4NCE � r 4�22�99 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION J&H Marsh&McLennan,Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 4695 MacArthur Court HOLDER. THIS CERTIFICATE DOES NOT AMEND,.EXTEND OR Suite 700 ALTER THE COVERAGE AFFORDED BY THE POLIC ES BELOW. Newport Beach,CA 92660 COMPANIES AFFORDING COVERAGE • COMPANY 48011 -MEYER-E&O- A ST.PAUL MERCURY INSURANCE COMPANY. INSURED COMPANY MEYER,MOHADDDES&ASSOCIATES, INC. B CONTINENTAL CASUALTY COMPANY A WHOLLY OWNED SUBSIDIARY OF ODETICS ITS, INC.DBA ODETICS ITS COMPANY 1515 S.MANCHESTER AVENUE C ANAHEIM,CA 92802 COMPANY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED �.._ �... .._.. ._.. NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT O WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO A L THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY GENERAL AGGREGATE S 2,000,000 X COMMERCIAL GENERAL LIABILITY TE06101251 10/16/98 09/01/99 PRODUCTS-COMP/OP AGG S 2,000,000 -CLAIMS MADE X OCCUR PERSONAL&ADV INJURY I S 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE I$ 1,000,000 FIRE DAMAGE(Any one fire) I 1,000,000 MED EXP(Any one person) I 1 0,000 A AUTOMOBILE LIABILITY X TE06101251 10/16/98 09/01/99 COMBINED SINGLE LIMIT 1,000,000 ANY AUTO ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY I S NON-OWNED AUTOS (Per accident) X COMPREHENSIVE DED.$5 0 PROPERTY DAMAGE X COLLISION DED.$500. GARAGE LIABILITY AUTO ONLY-EA ACCIDENT ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT , AGGREGATE IS EXCESS LIABILITY yy EACH OCCURRENCE UMBRELLA FORM AGGREGATE OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND I EMPLOYERS'LIABILITY STATUTORY LIMITS _'.. EACH ACCIDENT THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE I B OTHER 11-384-41-12 1 04/01/99 04/01/00 $1,000,000.TOTAL LIMIT PROFESSIONAL LIAB CLAIMS MADE FORM ARCHITECTS& ENGINEERS DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS Certificate holder is named as Additional Insured as their interest may appear. CERTIFICATE HOLDER CANCELLATION , , _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL City Tom of 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAI ED TO THE LEFT, Att Sha hbazzi/Engineering ha 240 W.Huntington Drive BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF Arcadia,CA 91007 ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE John Graef . . ". ACORD CORPORATION 1993 ACORD 25-S(3!931 _ � , P,t/D p/YY) PRODUCER .. DATE(M• ::.............. ......... ...:...:..::::...:..:..:..::...:.:.�.:..:..:::...................-. THIS CERTIFICATE IS ISSUED AS A MATTER OFI INFORMATION Calco In Brokers & Agent ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Lic. No. 0829370 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. • 600 City Pkwy West *500/600 COMPANIES AFFORDING COVERAGE Orange CA 92868-2946 COMPANY (714) 937-1824 A American Manufacturers Mutual INSURED COMPANY Odetics, Inc./Meyer, Mohaddes Associates, Inc. B 1515 So. Manchester Avenue COMPANY Anaheim, CA 92802-2907 COMPANY THIS IS TO CERTIFY I D COVET ACES ATTHEPOLICIES OF INSURANCELISTED BELOW HAVE BEENISSUED TO THEINSURED NAMED ABOVEFOR THEPOLICY PERIOD INDICATED,NOTWITHSTANDINGANYREQUIREMENT,TERMORCONDITIONOFANYCONTRACTOROTHERDOCUMENTWITHRESPEC7)TO WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION' LTR TYPE OF INSURANCE POLICY NUMBER LIMITS DATE(MMIDDIYY) DATE(MMIDDIYY) GENERAL LIABILITY N/A GENERAL AGGREGATE i 4 COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO CLAIMS MADE 7 OCCUR L� PERSONAL k ADV INJURY ••} OWNER'S&CONTRACTOR'S PROT i EACH OCCURRENCE S FIRE DAMAGE(Any one fire) � 1 I MED EXP (Any one person) AUTOMOBILE LIABILITY N/A ANY AUTO COMBINED SINGLE LIMIT ) I I I I ALL OWNED AUTOS ' I BODILY INJURY I SCHEDULED AUTOS I I i(Per person) HIRED AUTOS BODILY INJURY I I NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE GARAGE LIABILITY I AUTO ONLY -EA ACCIDENT ANY AUTO I N/A OTHER THAN AUTO ONLY: iI EACH ACCIDENT `.$ AGGREGATE EXCESS LIABILITY N/A EACH OCCURRENCE IS UMBRELLA FORM AGGREGATE Ig I OTHER THAN UMBRELLA FORM I 4 A WORKERS COMPENSATION AND 3CE177700-00 8/01/98 8/01/99 X I TORY TLIMITSI IOTH ' I ' ' EMPLOYERS'LIABILITY THE PROPRIETOR/ EL EACH ACCIDENT I4 1,000,000 PARTNERS/EXECUTIVE INCLI EL DISEASE-POLICY LIMIT 15 1,000,000 OFFICERS ARE: EXCL; EL DISEASE.EA EMPLOYEE 14 1,000,000 OTHER A N/A DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES!SPECIAL ITEMS le: Study for City of Arcadia 30 day notice of cancellation except 10 day for nonpayment of tremium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Arcadia EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Tom Shahhazz i/Engineering Dept 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 240 W. Huntington Or. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Arcadia, CA 91007 OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUz2ZED REPRESENTATIVE AC-ORD 25-S�(1/98);::. :: < ,;.: ,: QAC APQRATIOPI t48g O6, Yo-z7 c�alw;:a �} lj4 RECEIVED CITY OF ARCADIA f�\ DEC 2 °Rp°�=4 ' ST E REPORT DEVELOPMENT winify66AMARTMENT DATE: January 5, 1999 TO: City Council and Arcadia Redevelopment Agency FROM: Don Penman, Deputy City Manager/Development Services Director/Agency Deputy Executive Director By: Peter Kinnahan, Economic Development Administrator SUBJECT: REQUEST FOR: 1) CITY COUNCIL CERTIFICATION OF THE PROJECT AREA COMMITTEE, 2) REDEVELOPMENT AGENCY TRANSMITTAL OF THE PROPOSED PLAN AMENDMENT AUTHORIZING THE POWER OF EMINENT DOMAIN FOR 12 YEARS TO THE PROJECT AREA COMMITTEE (PAC) • SUMMARY Pursuant to the City Council's direction, three community meetings for project area residential owners and tenants, commercial owners and tenants, and community organizations were held. The primary purpose of the meetings was to solicit interest from area residents in participating on the Project Area Committee (PAC), as well as provide information about the amendment process. Six individuals filed applications for membership on the (PAC). There was no competition for any of the seats. Three residential PAC positions are still available and can be filled as applications are submitted and accepted by the PAC. No challenges to the PAC election were filed prior to preparation of the staff report. Staff will advise the City Council at the January 5 Council meeting, if any challenge is filed within the 15 day challenge period. Notice of the tentative PAC membership was published with Arcadia Weekly on December 24 and December 31, 1998. The City Council is being requested to certify membership of the PAC. The Agency is requested to transmit the proposed amendment reauthorizing the power of eminent domain and exempting certain residential areas to the PAC for their review and recommendation. DISCUSSION The City Council and Redevelopment Agency Board on November 3 and December 1, 1998 directed staff to begin the formal redevelopment plan amendment process to reauthorize the power of eminent domain for 12 years (January 1, 1999 — December 31, 2010. A determination was made at that time to exempt certain residential properties from the amendment process. - iggQpra v �/ ,9/2/ / &I. I ► _ J Staff Report Page 2 January 5, 1999 A notice describing the amendment process, the purpose of the amendment, the meeting schedule (date/time/location/purpose), the exempt areas, and the PAC formation and election process was mailed in mid-November to all owners and tenants in the project area and to community organizations located within or serving the project area. The complete notice and schedule were also published in the Arcadia Weekly on November 5, November 19, December 3 and December 10, 1998. Staff conducted three community meetings — November 23, December 10, and December 16, to explain the amendment process and solicit interest in serving on the PAC. The minutes of the three Community Meetings are attached as Exhibit 1. As a result of these meetings, six (6) people applied for a position on the PAC; all six were unopposed for their respective categories. Due to the limited number of persons interested in serving on the PAC, certain procedures were modified during the process, specifically, applications were accepted after the December 15 closing date and no formal vote was taken since the candidates were unopposed. Though these are all considered minor deviations, staff requests that the Council waive these irregularities in the process; without that the City would not have a functional PAC. The remaining other seats will hopefully be filled in the future by interested applicants from the respective categories after they have been accepted by the PAC and certified by the City Council. Since the City Council discussions on this issue on November 3, staff has responded to 17 telephone or walk-in inquiries and one written inquiry on the amendment. Listed below are the individuals in the specific categories on the PAC: Category Seats Elected Residential,Owner Occupant 2 William Chenowith Vacancy Residential Tenants 2 2 Vacancies Commercial/Industrial 1 Gil Stromsoe, Mark Schaefer&Assoc. Owner Occupant Commercial Industrial 1 Garland Roberson, Sullivans Paints Tenant Community Organization 3 Arcadia Elks, W. Huntington (Norm Banns) Arcadia Business Assoc. (Von Raees) Arcadia Welfare &Thrift (Ruth Gilb) Positions Total 9 Positions Elected 6 Vacancies -3 Staff Report Page 3 January 5, 1999 The first PAC meeting is scheduled for Wednesday, January 13, 1999 in the City Hall Council Chambers Conference Room at 7:00 p.m. Another mailing to all property owners and tenants, commercial/industrial and residential, is required as part of the formal amendment process. Staff will include in this notice information on the PAC and request that interested parties apply to the PAC, particularly residential owners and tenants. FISCAL IMPACT Costs of the amendment process were previously approved by the Agency which should not exceed $15,000. RECOMMENDATION City Council That the City Council waive any irregularities in the election process and certify the Project Area Committee (PAC) for the Central (Downtown) Redevelopment Project. Redevelopment Agency That the Arcadia Redevelopment Agency forward to the PAC for their consideration and subsequent recommendation to the City Council, a text amendment to the Central Redevelopment Plan reauthorizing the power of eminent domain from January 1, 1999 to December 31, 2010, except for those residential properties shown on Exhibit 2 which shall be exempt from said power. LI ,,,i .11 City Manager/Executive Director MINUTES OF COMMUNITY MEETING ON PROPOSED EMINENT DOMAIN AMENDMENT TUESDAY, NOVEMBER 23, 1998—7:00 P.M. ARCADIA COMMUNITY CENTER Attendees—4 (see attached sign-in sheet) Councilwoman Gail Marshall • Staff: Don Penman Pete Kinnahan Kevin Randolph, Esq. Don Penman introduced himself and staff. He stated that the purpose of this meeting is to inform the attendees about the proposed 12 year reauthorization of the eminent • domain power, a power which has existed from 1974 until June 1998. He briefly explained the need for a Project Area Committee. Pete Kinnahan then informed the attendees about the topics on the Agenda: • The 5 handouts provided to the attendees: Redevelopment law sections on the PAC, acquisition and relocation, the Redevelopment Plan, the recently updated Implementation Plan and a summary of the Agency's projects to date. • The acquisition process, e.g., appraisal, offer, public hearing, court deposit • The relocation process for residential and, pursuant to a question, commercial displacees • The Brown Act (open public meeting law) • Fair Political Practices Commission (FPPC) disclosure requirements • The schedule of meetings (Dec. 1, Dec. 10, Dec. 16, Jan 5 - at the City Council Chambers) and Jan. 14, the first PAC meeting, the final City council public hearing on the ordinance, probably in Feb. or March, 1999. • The draft PAC formation process (handout) including the composition of the PAC, the application process, the election process, the role of the PAC • The residential areas which will be exempt and non-exempt from condemnation Exhibit 1 A question was asked about any future redevelopment plans for the residential area north of Colorado. Pete Kinnahan pointed out that almost all of the Agency's previous activity had been in the Huntington Drive corridor with a concentration in the area east of the Second Avenue Railroad Bridge. The Agency had never gone to court using the Eminent Domain power to acquire property. This focus would probably continue, but the Agency could redirect its efforts in the future. Don Penman pointed out that the Agency could_decide in the future to do street or traffic signal improvements in the northern part of the project area, or could create a low moderate-income loan rehab program there, for example: Mr. Penman encouraged the attendees to become PAC members and/or to encourage their neighbors and PAC area associates to consider serving on the PAC. Pete Kinnahan offered to meet with any private groups who wished more information. Attendees were reminded of the schedule which includes the next Community Meeting on December 10, in the City Hall Council Chambers Conference Room. The meeting ended at 7:35 p.m. p4c, ktov- 0," /7/y NAME ADDRESS PHONE NUMBER Ri W w ��( (4/1(0 s 41,E �� p - z�y z z ie.. ,-14,,r-/:7 OT- z¢2- j--__)g.‘ _ n �r/v1 _ n Cam.v� T►-.,�c7<42_ Z LC, - 2 6 /L/C/ _ /0 7 3 • • { r MINUTES OF • COMMUNITY MEETING NUMBER TWO PROPOSED EMINENT DOMAIN THURSDAY, DECEMBER 10, 1998 - 7:00 P.M. • CITY HALL COUNCIL CHAMBERS CONFERENCE ROOM 240 WEST HUNTINGTON DRIVE, ARCADIA Present — 4 (see sign-in sheet) Councilwoman Gail Marshall Staff: Don Penman Pete Kinnahan Don Penman briefly stated the purpose of this meeting is to explain the proposed amendment reauthorizing the power of eminent domain for 12 years. He encouraged the attendees to consider serving on the Project Area Committee (PAC). He then introduced Pete Kinnahan. Mr. Kinnahan stated that he would discuss the topics on the agenda handout. He pointed out that the other- handouts available to the attendees were sections of the redevelopment law which are required to be made available as well as other related • sections on.acquisition and relocation, the adopted procedures for the formation of the Project Area Committee, and the application form for the PAC. He encouraged the attendees to submit an application under their respective category for election to the PAC. He pointed out that given the small number of attendees at this and the last meeting, it is probable that only one or two votes at the December 16 meeting could be • enough to elect someone to the PAC. Mr. Kinnahan then addressed the topics on the Agenda: The amendment was a reauthorization of a previously existing power for the legal limit of 12 years. This will be, if approved by the City Council, an "enabling" ordinance. - Certain residential areas shown on a display map will be exempt from the eminent domain power. The acquisition and relocation process are very specific and detailed. The Agency, in addition to obtaining an independent appraiser, and paying fair market value for the property, must pay relocation benefits to residential and commercial displaces. He described some of the detailed requirements, including loss of goodwill claims by business people. In reply to a question, Mr. Kinnahan explained that the appraiser values the land and improvements (if these have value), and the offer is based upon the full value of the property by the appraiser. The property owner is encouraged to provide any information to the appraiser that the owner believes will show a higher value. The PAC is composed of five categories (residential owner, residential tenant, etc.) and nine seats. The application forms need to be given to the City by December 15. Voting will be by category. The attendees were encouraged to become PAC members and to encourage their PAC area friends and business associates to do the same. The PAC members must, just like City Council and staff, provide a written statement disclosing their financial interest to the public. Also, all PAC meetings are open to the public per the State's Brown Act. The PAC election is next Wednesday, December 16 at 7:00 p.m. in the same place. The City Council will be asked to certify the election on January 5. The first PAC meeting is January 13, 1999. Once the PAC has had a reasonable time to consider the proposed amendment, the City Council will then hold a public hearing on the actual ordinance reauthorizing the power of eminent domain (exempting certain residential areas), for 12 years. The PAC will be advisory to the Council. Councilmember Marshall strongly encouraged the attendees to consider serving on the PAC. Staff estimates that the PAC's discussion of the proposed amendment will be relatively quick, with a report to the council in February or March. If the PAC recommends against the amendment, the City Council can adopt the ordinance, but only by a 4/5 vote (vs. 3/5). After that, the PAC, whose main focus will be residential displacement issues, will meet as it decides for at least 3 years. In response to a question, Mr. Kinnahan stated that there were no City or Agency plans at this time for any projects along St. Joseph, La Pointe, or Rolyn Place, the properties of the attendees. The Agency's focus had been and probably will continue to be along Huntington. However, a future Council could decide to acquire such land for a development. The meeting adjourned at 7:45 p.m. NAME (VX-eek-d_e_ ADDRESS 1. e • 'HONE NUMBER •a, n7 r 1 33 k , • _ a Ca-►,ads. " r 8- "790- . 7 4- `''cri; ty VeLCZ/1.1.-Ze-41-L) )1A4gQep, ›di, & - 7- 6 1// 40,/ , ,_,<h A' ' j Ati� 27 �v, �,/!✓tiTitiL=Tc v �je, (a•we..." er1� -- ¢¢S-- $o8 Co1( N acet,..Ye) 1 162D o `Iiv P1A C' r1,, tic/ 7779 1 MINUTES OF COMMUNITY MEETING NUMBER THREE PROPOSED EMINENT DOMAIN WEDNESDAY, DECEMBER 16, 1998 - 7:00 P.M. CITY HALL COUNCIL CHAMBERS CONFERENCE ROOM 240 WEST HUNTINGTON DRIVE, ARCADIA Present — 2 (see sign-in sheet) Staff: Don Penman Pete Kinnahan Mr. Penman informed the 2 attendees that tonight was the PAC election. Since there was no competition for any of the seats, staff would submit the names of the applicants to the City Council on January 5, 1999 for certification. The candidates were: Residential Owner-Occupant (2 seats) 1. William Chenowith 12-16 '/ No. First 2. Vacancy Residential Tenant (2 seats) 1. Vacancy 2. Vacancy Business Owner-Occupant (1 seat) 1. Gil Stromsoe Mark Schaefer & Assoc., 55 E. Huntington Dr., Suite 300 Business Tenant (1 seat) 1. Garland Roberson Sullivan's Paints, 134 E. Huntington Dr. Community Organization j3 seats 1. Arcadia Elks 27 W. Huntington Dr. Norm Banns Alternate - Ron Johnson 2. Arcadia Business Association P.O. Box 660674 Von Raees, President Alternate - 3. Arcadia Welfare & Thrift 323 No. First Ruth Gilb, President Alternate — Mr. Kinnahan informed the new attendee of the agenda, the redevelopment law handouts required to be provided, the optional sections and the tentative list of candidates. The project area resident had previously been provided a copy of the PAC Formation Rules and PAC Application form. Mr. Penman briefly described the process of certification, the schedule and the purpose of the first PAC meeting (January 13, 1998): to review the proposed amendment. In reply to a question, Don Penman explained the open public meeting law (Brown Act) and the FPPC financial disclosure requirements. The meeting adjourned at 7:25 p.m. • 4) //\/ 74-6 4 NAME ADDRESS PHONE NUMBER C- 772? /� /2 /V !"//Z S T /'ir 1/6 _ 7, 5"----C /f e,/f fii9,v v1 /2/7 ea-e,vr,- 1- ,4</e- PROPERTIES POTENTIALLY SUBJECT TO EMINENT DOMAIN • IN IIIIII PI PM loinalgg lift~ % `'~boo ft.aing m I Areas subject to eminent domain n"' s P F ~d Jr, ., <,, • • �t'4ill :41 Areas exempt from eminent domain ,:i, l V 'MIL . R► D r I-Aiw , ars imam"/MUM Mt _ IG , 1 ' cG i I.tis 41,11 ;t ! A1�• Cr .tY .T. 1 <)CGI 1 I`) I , % f• CO 1 a P•rt• 31. a • 1 d CG/I I 1 F ew ir Cd ) I `p`�1 CG/I ▪ saint • 1••• A st. e� % L --c. 0 1 PD t.\ s ur ) 0 I . +� Santa l•ra st. ' lr C • 1 11 e CG▪ r CG 'MI.. • • r►` re edi_ Ww••I•r r•. i ��� • I�' q I +■Q' p G CG �� �� _ rte r. - Nr•tlM.lraw Drlr• •�w.rru,r>.r•.a r.••.• CG I CG I 01\Z) 7,4., r ortn ;i G fG G!. .j...6ii.6.::';.::':.:'•i::: .•;t1 I reG _Alta 1 PD '1-7. '7 f Tr,, .� ei LEGEND �i •+°/�C MID Residential Mph Density I Industrial , te r RLD Resldenllol Low Density PF Public Faclllllee ` T CO Commercial 0111ce PD Planned Development NORTH October, 1906 CG Comrnerclol General swim., Project Areo Boundary No Scale NOTICE 2 PROJECT AREA COMMITTEE (PAC) CANDIDATES PROPOSED EMINENT DOMAIN AMENDMENT ARCADIA REDEVELOPMENT AGENCY The following names will be submitted to the City Council of the City of Arcadia on January 5, 1999, 7:00 p.m. at a City Council meeting in the City Hall Council Chambers at 240 W. Huntington Drive, Arcadia. The City Council will be asked to certify these individuals and community organizations as members of the PAC. The first meeting of the proposed PAC will be at 7:00 p.m. in the City Hall Council Chambers Conference Room, Wednesday, January 13, 1999. Residential owners and/or residential tenants living in the Central Downtown Redevelopment Project Area who wish to serve on the PAC, or any member of the public with questions, should contact the Development Services Department, Economic Development Division, City Hall, (626) 574-5408 for more information. Residential Owner-Occupant (2seats) 1. William Chenowith _ 12-161/ No. First 2. Vacancy Residential Tenant (2 seats) 1. Vacancy 2. Vacancy Business Owner-Occupant (1 seat) 1. Gil Stromsoe Mark Schaefer&Assoc., 55 E. Huntington Dr., Suite 300 Business Tenant (1 seat) 1. Garland Roberson Sullivan's Paints, 134 E. Huntington Dr. Community Organization (3 seats) 1. Arcadia Elks 27 W. Huntington Dr. Norm Banns Alternate - Ron Johnson 2. Arcadia Business Association P.O. Box 660674 Von Raees, President Alternate - , • ' a • 3. Arcadia Welfare &Thrift 323 No. First Ruth Gilb, President Alternate Publish Thursday, December 24, 1998 Thursday, December 31, 1998