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
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~° l a`,.--' A N N 0 T A T E D
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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
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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
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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
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*\ ,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
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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.
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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.
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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
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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
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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.
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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
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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
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X COLLISION DED.$500.
GARAGE LIABILITY
AUTO ONLY-EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT ,
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UMBRELLA FORM AGGREGATE
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
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EACH ACCIDENT
THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT
PARTNERS/EXECUTIVE
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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
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DATE(M•
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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
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OWNER'S&CONTRACTOR'S PROT i EACH OCCURRENCE S
FIRE DAMAGE(Any one fire)
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AUTOMOBILE LIABILITY N/A
ANY AUTO
COMBINED SINGLE LIMIT
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I SCHEDULED AUTOS I I i(Per person)
HIRED AUTOS BODILY INJURY
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GARAGE LIABILITY
I AUTO ONLY -EA ACCIDENT
ANY AUTO I N/A OTHER THAN AUTO ONLY: iI
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AGGREGATE
EXCESS LIABILITY N/A EACH OCCURRENCE IS
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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
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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. -
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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.
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•
•
{ 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
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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.
•
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NAME ADDRESS PHONE NUMBER C- 772?
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PROPERTIES POTENTIALLY SUBJECT TO EMINENT DOMAIN •
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% `'~boo ft.aing m I Areas subject to eminent domain
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• �t'4ill :41 Areas exempt from eminent domain
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.� 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