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HomeMy WebLinkAboutJuly 7, 2009A CITY OF ARCADIA X00 G 1q CITY COUNCIUREDEVELOPMENT AGENCY b REGULAR MEETING TUESDAY, JULY 7, 2009 AGENDA 6:00 p.m. Location: City Council Chamber Conference Room, 240 W. Huntington Drive CALL TO ORDER ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: John Wuo, Mayor /Agency Chair Peter Amundson, Mayor Pro Tem /Agency Vice Chair Roger Chandler, Council /Agency Member Gary Kovacic, Council /Agency Member Robert Harbicht, Council /Agency Member PUBLIC COMMENTS - STUDY SESSION /CLOSED SESSION (5 minutes per person) Any person wishing to address the City Council /Redevelopment Agency during the Public Comments period is asked to complete a "Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the Study Session /Closed Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council /Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment Agency from discussing topics or issues unless.they appear on the posted Agenda. STUDY SESSION a. Report, discussion and direction regarding General Plan Revised Land Use Concept. 7:00 p.m., City Council Chamber RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING TO OPEN SESSION CALL TO ORDER INVOCATION Reverend Jolene Cadenbach, Arcadia Congregational Church PLEDGE OF ALLEGIANCE Tony Trabbie, Fire Chief Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: Amundson, Chandler, Harbicht, Kovacic and Wuo REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON STUDY SESSION ITEM SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL 1. CITY CLERK'S REPORTS a. Make appointment to Senior Citizen's Commission (Arcadia Traveler's Club) to fill an unexpired term. Recommended Action: Make appointment PRESENTATIONS a. Presentations to outgoing Members and Administration of the Oath of Office to newly appointed Board and Commission Members. b. Presentation to Danielle Regine Careddu. Presentation of a Proclamation to the Census Bureau. 2. PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. CITY COUNCIL ITEMS: a. Consideration of an amendment to Architectural Design Review No ADR 2005- 026 for Westfield Shoppingtown — Santa Anita Phase 1 b to increase the restaurant space from 10.000 square feet to 23,500 square feet Adopt Resolution No. 6676 amending Condition No 9 of Resolution No 6562 — Architectural Design Review No. ADR 2005 -026 for the expansion of the Westfield Shoppingtown — Santa Anita (Phase1 b) at 400 South Baldwin Avenue Recommended Action: Conduct Public Hearing and Adopt Resolution b. Approve the use of CDBG -R Funds for Energy Efficient Improvements for multiple - family dwellings that are predominately occupied by low and moderate income senior citizens. Recommended Action: Approve Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council /Redevelopment Agency during the Public Comments period is asked to complete a "Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the 7:00 p.m. Open Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council /Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK 3. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council /Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. REDEVELOPMENT AGENCY ITEMS: a. _Approve the Meeting Minutes of June 16, 2009. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Meeting Minutes of June 16 2009. Recommended Action: Approve C. Approve a purchase order with Standard Concrete Company for the purchase of concrete for the repair of sidewalks, driveways streets curb and gutter in various locations throughout the City in the amount of $45,000. Recommended Action: Approve d. Authorize the City Manager to execute the Memorandum of Agreement with the San Gabriel Valley of Governments for the development of the Coordinated Implementation Plan (CIP) for the Los Angeles River Metals Total Maximum Daily Load (TMDL). Recommended Action: Approve e. Authorize the City Manager to execute a Grant Application for Receipt of FY 2009 Federal Funds Requiring City Matching Funds for Water System Improvements. Recommended Action: Approve Authorize the City Manager to execute a contract with Beacon Media Inc for Legal Advertising Services for Fiscal Year 2009 -2010 Recommended Action: Approve Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, Califomia, during normal business hours. g. Approve the purchase of self- contained breathing apparatus and related respiratory protection equipment from L.N. Curtis & Sons in an amount not to exceed $174,499. Recommended Action: Approve h. Accept all work performed by Steiny & Co., Inc. for the Traffic Signal Pole Mast Arm and Equipment Improvement Project as complete and authorize the final Payment to be made in accordance with contract documents. Recommended Action: Approve 4. EXECUTIVE DIRECTOR/CITY MANAGER a. Approve the transfer of $2,511,961 from Arcadia Redevelopment Agency Reserves to the City's General Fund to repav the principal and interest on a Promissory note to purchase 630 East Live Oak Avenue. Recommended Action: Approve b. Accept the repayment of $2.511.961 from the Arcadia Redevelopment Agency and authorize an egual split of the proceeds between the Emergency Reserve Fund and Equipment Replacement Fund. Recommended Action: Approve ADJOURNMENT The City Council /Redevelopment Agency will adjourn this meeting in memory of Harlene Hamann and Donna Mills to Tuesday, July 21, 2009, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574 -5455. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, Califomia, during normal business hours. F7� A.,= 14 d Co ��++nity of �o�`e STAFF REPORT Development Services Department DATE: July 7, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director - J - L-K- Lisa Flores, Senior Planner SUBJECT: Study Session: General Plan Update - Review of Revised Land Use Concepts BACKGROUND Like all cities in California, the City of Arcadia relies on its General Plan to provide guidance with respect to land use, development and related policy matters. The General Plan addresses the physical development and redevelopment of the City and a variety of topics that ultimately affect the quality of life in Arcadia, including traffic circulation, community design, open space, conservation, parks and recreation, housing, public safety, noise, and economic development.. The City's existing General Plan was last updated in 1996 with the Housing Element updated in 2001. Given that thirteen years have passed since the Plan was last updated, it is critical that the plan be updated in a timely manner to ensure it reflects the values and priorities of the community and is in compliance with the State's requirements. The City retained the consulting services of Hogle- Ireland, Inc., and executed an agreement last year to complete the project within a two -year period (this contract was recently cut by 10% per Council direction through the City's budget process). Additionally, a General Plan Advisory Committee (GPAC) was established which consists of thirteen (13) members that are comprised of representatives of one City Commission, key stakeholders, and residents of the community. The focus of the GPAC is to provide the varied perspectives of the community. The group has met monthly and played a critical role in assisting Staff and the consultant with the development of the Plan's goals, objectives and policies. A number of outreach efforts have been made to the community to retain feedback and gain insight on existing and proposed development projects, redevelopment efforts, traffic, housing, and conservation. Specifically, Staff along with the consultant held a July 7, 2009 General Plan Update Page 1 community workshop during the Police Department's Open House and Safety Fair, which was attended by 150 residents. The feedback received at that workshop has been extremely valuable as has input received at a second workshop regarding the Downtown. The Downtown Workshop, which was held at the Arcadia Women's Club, helped define a desired "look and feel" for the downtown area and identified the outstanding concerns of the community. In addition the Staff and the Consultant have presented to or participated in events at the Chamber of Commerce such as Asian Business Night, Government Affairs Forum, and the Business Expo at Westfield. DISCUSSION The GPAC, Staff, and the consultants developed ten "focus areas" to study for land use and worked to establish a vision for the future development of these areas (see Attachment 1). The preliminary land use concept was presented to the City Council and Planning Commission in a joint study session on February 24, 2009. The City Council and Planning Commission agreed that the study areas were appropriate, but felt that the recommendations for mixed -use development were too aggressive overall and would result in too much change to the City. In response to the direction established by the City Council and Planning Commission at this workshop, the General Plan team and GPAC have proposed revisions to limit the mixed use designations in the Downtown and Live Oak Corridor, and removed mixed - use development from three additional areas: 1) Foothill Boulevard; 2) Duarte Road /First Avenue; and 3) Baldwin Avenue /Duarte Road. In summary, the proposed changes are: 1. Limit mixed -use designations to Downtown, First Avenue and Live Oak only, and reduce the scope of mixed -use within these areas. 2. Increase the maximum density from 24 to 30 units per acre in existing High Density -zoned areas. The change is consistent with the densities already in place in many high density areas and is intended to serve as an incentive for owners of high density properties to reuse their land. It will also provide a focused opportunity for additional housing. 3. Change the Commercial /Light Industrial designation in the Downtown area to Commercial designation (the area north of Huntington Drive around St. Joseph and La Porte). The new designation is intended to preserve some of the light industrial uses in the downtown area and to encourage small scale office and neighborhood serving commercial uses in this area (for example, offices are not allowed currently and this would allow them). Since the City Council /Planning Commission workshop, both the GPAC and Planning Commission have met twice on the land use revisions. The GPAC met on April 23 to discuss the proposed revisions and agreed with them in concept. On May 12, Staff presented the overall plan process and the proposed land use changes to the Planning July 7, 2009 General Plan Update Page 2 Commission in a study session format. The Commission felt that the concept is appropriate and in -line with the goals and objectives of the City's long term vision. The GPAC met on May 21 to refine and finalize the recommendations and the Planning Commission voted 5 -0 at their June 9 meeting to recommend the attached land use concept to the City Council. Along with the land use concept, the staff and consultant team have completed a build - out analysis and economic feasibility analysis. Attachment 2 provides the maximum capacity of development expected within each study area and city wide, and the resulting residential and nonresidential outcomes that would be expected as a result of full implementation of the land use concept. The build -out capacity was estimated at 80% because it is a realistic "worst case" scenario since many areas of the City are developed at only 65 -70% of the maximum allowed today. Estimating the build -out capacity at 100% is unrealistic because most properties cannot be developed to the maximum permitted intensities and densities due to the existing development standards required such as parking, setbacks, and lot coverage. The proposed land use concept would create a capacity of 2,900 dwelling units and an estimated 8,000 residents by 2035 (considered total buildout). Clearly, not all of these units will develop over this period, but this is the capacity that could be created by this Plan. This estimate is in line with SCAG population and growth estimates for the region and for Arcadia. A total of 78% of this capacity (2280 of the total unit capacity) would be located within existing high density residential (R -3) areas throughout the City. This change in density in the R -3 areas (24 units to 30) is minimal and will not be a significant change in appearance or character since a density of 30 units per acre is already in place in many of the existing high density areas. This change is indicative of the difference between creating capacity for units, and actual development of units. This land use concept would meet all state requirements including the Regional Housing Needs Allocation and recent SB 375 and AB 32 legislation requiring compact development. More importantly, it is a focused land use concept that allows for revitalization opportunity in the Downtown and Live Oak without land use changes to any of Arcadia's single - family neighborhoods. Additionally, it will provide ample commercial and industrial development potential over time to ensure a solid tax base. RECOMMENDATION Authorization to utilize the revised land use concept as the basis of the Environmental Impact Report and the Circulation Analysis for the General Plan Update. Approved By: Donald Penman, City Manager Attachment 1: Revised Land Use Alternatives and Study Area Maps Attachment 2: Implications of Land Use Concept July 7, 2009 General Plan Update Page 3 Attachment No. 1 ARCADIA GENERAL PLAN REVISED GPAC LAND USE ALTERNATIVES June 2, 2009 Revisions to GPAC Land Use Alternatives' At GPAC meetings #4 (January 29, 2009) and #5 (February 5, 2009) the GPAC recommended land use alternatives for 10 study areas. On February 24, 2009, these alternatives were presented to the City Council (CC) and Planning Commission (PC) in a joint study session. During the meeting, City leaders expressed their reluctance to move forward with the extent of mixed use proposed by the General Plan team and GPAC. For two areas, Downtown and the Live Oak Corridor, the CC and PC did agree that these areas would benefit from land use policies that encourage revitalization and development. This more targeted approach to mixed -use still meets the GPAC's vision for future development. In response to the direction established by the CC and PC, the General Plan team has proposed revisions to the land use alternatives for four areas: Foothill Boulevard, Downtown, Duarte Road /First Avenue, and Baldwin Avenue /Duarte Road. In summary, the General Plan team proposes to limit the mixed use designations to Downtown, First Avenue, and Live Oak Avenue. On May 12, 2009, the revised alternatives were presented to the Planning Commission. The Commission agreed with the revisions made to the land use concept since it was originally presented to them. The Commission felt that the concept is appropriate and in -line with the goals and objectives of the City's long term vision. Corresponding maps are included at the end of this document that shows the proposed alternatives. Changes to the Proposed Land Use Designations High Density Residential Designation The residential land use designations have been modified to maintain the same number of residential designations (consistent with the currently adopted General Plan). Instead of the additional residential designation originally proposed (at the highest density range) the proposed land use plan will include the High Density Residential designation (similar to the 1 NOTE: This is a draft document. The land use ideas and alternatives presented in this document represent some of the many ideas that have come from the community and through the General Plan Advisory Committee. They are not planned to be implemented at this time; these alternatives are designed to provoke discussion and the generation of ideas for the future development of Arcadia. Multiple Family Residential 24 designation in the current general plan) which includes a higher maximum density of 30 units per acre (as opposed to 24 units per acre). The designation is being proposed only on properties that are already designated for high density residential uses. This change is consistent with densities already in place in many high density areas and is intended to serve as an incentive for owners of higher density properties to recycle their land. It will also provide a focused opportunity for additional housing while preserving established single family neighborhoods. Downtown Commercial The Commercial designation is proposed in place of the Commercial /Light Industrial designation in the Downtown area only (roughly from Saint Joseph and Santa Clara Streets up to the north side of La Porte Street). The new designation is intended to preserve some of the healthy light industrial uses in the downtown area while encouraging small scale office and neighborhood serving commercial uses. Changes to the Land Use Study Areas Downtown Arcadia Study After further analysis in determining where and at what intensities mixed -use development will be most effective, several changes were made to the Downtown proposed land use plan. Staff and the consultant decided to reduce the areas designated as Downtown Mixed Use (now roughly spanning from the south side of Wheeler Avenue up to Santa Clara Street) to better focus the most intense, mixed use developments around the future Gold Line light rail station. This strategy is intended to focus future development in the areas closest to the proposed rail station and to create a vibrant and walkable neighborhood. A 1.0 Floor Area Patio (FAR) is proposed for the Downtown Mixed Use area. General Commercial uses are proposed for the properties east of the Mixed Use area. Along Santa Anita Avenue, a height overlay (2.0 FAR) is proposed to allow for a higher and more intense development along the Santa Anita corridor (the area west of Santa Anita Avenue and west of Polyn Place). Higher intensity is also proposed along Huntington Drive (east of Santa Anita) through a 1.0 FAR. Most of the remaining land north of the Downtown Mixed Use areas (roughly from Saint Joseph and Santa Clara Streets up to the north side of La Porte Street) is proposed to be planned for Commercial. This new designation is intended to preserve some of the healthy light industrial uses in the area while encouraging small scale office and neighborhood serving commercial uses. The area along First Street (from south of Huntington Drive to Diamond Street) is designated for Mixed Use 2 which allows mixed uses (residential and commercial) and stand alone commercial uses. Stand alone residential uses are not allowed. The FAR for this area will be 1.0. Live Oak Avenue The Live Oak Avenue corridor alternative has been modified to concentrate mixed use on the south side of Live Oak between Santa Anita and Lenore Avenues and in key locations on the north side of the corridor (NW and NE corners of Live Oak and Santa Anita Avenues). The proposed mixed use areas along the corridor were identified due to the feasibility of future mixed use development on those sites (due to location, lot sizes, or common ownership patterns that may facilitate lot consolidation). Acknowledging well - established land use patterns, at the west end of the corridor (south side of corridor between Welland and El Monte Avenues) key properties are designated for Commercial /Light Industrial while on the east end of the corridor properties (north side of corridor between 4th and 6" Avenues) existing high density developments will continue to be designated as Nigh Density Residential. The remaining corridor will be designated commercial uses recognizing the importance of maintaining commercial offerings along this corridor to serve surrounding neighborhoods. Issues related to aesthetics, parking, and revitalization of the corridor as a whole will still be addressed through policies in the General Plan. Los Angeles County Debris Basin Based on discussions at the CC and PC study session, it is unlikely that the proposed land use designation of Open Space - Recreation will be accepted by City leaders: The General Plan team believes it is important to designate this property open space, whether it includes a recreation component or not. The GPAC's vision for recreational uses in the long -term future can be addressed by creating policies that would guide City decision makers in the event that the County was to cease using the property for flood control functions. The proposal is to change the land use designation to Open Space - Resource Protection. Foothill Boulevard The land use alternative has been revised to remove the Mixed Use 2 designation on properties along Foothill Boulevard and instead apply the General Commercial designation on those properties (similar to current General Pan land use policy). For the remainder of the commercial uses on the corridor, a General Commercial designation will be applied (no Neighborhood Commercial is proposed). Issues related to revitalization of the corridor can be addressed through policies in the General Plan. In the revised alternative, residential uses abutting the original proposed mixed use properties on the north side of Foothill Boulevard will remain residential (Low Density Residential). Baldwin Avenue Multi Family Neighborhood No change to the original land use alternative is proposed. Santa Anita Park No change to the original land use alternative is proposed. Duarte Road /First Avenue The land use alternative has been revised to remove the Mixed Use 2 designation from properties along Duarte Road. Instead, a General Commercial designation is proposed ixed (similar to existing General Plan land use P ta ' lizatio 1 n of the corridor avenue s a wall s till be Use 1. Issues related to aesthetics and addressed through policies in the General Plan. Baldwin Avenue /Duarte Road The land use alternative has been revised to remove the Mixed Use 2 designation from the properties along Baldwin Avenue, south of Naomi Avenue. Instead, a General Commercial designation is proposed to match the properties along the Baldwin Avenue corridor. The General Plan team acknowledges that the Baldwin corridor is fully built out but that the General Plan can include direction on the future of the corridor regarding aesthetics, maintenance, parking, and marketing. In the residential areas, the proposed increase in density to key areas of the residential neighborhoods has been changed. Instead of the additional residential designation originally proposed (at the highest density range) the proposed land use plan will include the High Density Residential designation (similar to the Multiple Family Residential 24 designation in the current general plan) which includes a higher maximum density of 30 units per acre (as opposed to 24 units per acre). In this study area this translates into no land use changes for the residential areas. Las Tunas Drive No change to the original land use alternative is proposed. Lower Azusa Road Reclamation Area No change to the original land use alternative is proposed. PREFERRED LAND USE Residential Estate (up to 2 du/ac) Wry Low Density Residential (2-4 du /ac) Low Density Residential (4-6 du/ac) Wl Median Density Residential (6-12 du /ac) FighDensity Residential (12- 30dufac) Commercial (0.5FAR) M Regional Commercial (0.5 FAR) Mixed Use 1(2230 du/ac & 1.0 FAR) r Mixed Use 2(22-30 d yac & 1.0 FAR) - Downtown Mixed Use (3050 du/ac & 1.0 FAR)" Horse Racing Commercial/Light Industrial (0.6 FAR) Public/Institutional IR Open Space - Outdoor Recreation M Open Space- Resources Protection Rail Right -of -Way Huntington Drive O verlay (1.0 FAR) %/ Santa Anita Avenue Overlay (2.0 FAR) Mixed Use Note: Mixed Use FAR is for non- residential uses. Mixed Use I allows for stand -alone residential uses. Mixed Use 2 requires the inclusion of a commerical component for all projects. Stand alone residential uses are not allowed. Downtown Mixed Use allows for mixed use and stand -alone residential or commercial uses. NDTE The is adrafldocu ent. 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IL Ei E LL LL LL N d y d ?? .2 a a -o E rnrnrn?p N E N� 8 g 1111 C� Attachment No. 2 ARCADIA GENERAL PLAN IMPLICATIONS OF LAND USE POLICY' May 21, 2009 Implications of Proposed Land Use Policy Tables 1 and 2 summarize the land use distribution, expected level of development anticipated within each study area and citywide, and the resulting residential and nonresidential outcomes that would be expected as a result of full implementation of land use policy. Table 2 shows the difference in development levels when comparing the proposed General Plan land use plan to: a) existing, on- the - ground land uses, and b) the currently adopted General Plan land use policy. Implementation of the proposed General Plan Land Use Plan (as of May 21, 2009) is assumed to be 80 percent of the maximum potential. This assumption accounts for the fact that many areas of Arcadia will not change over the next 20 years, and areas such as single - family neighborhoods have not been developed to the maximum potential allowed under General Plan land use policy. Based on the proposed land use changes and the 80 percent build -out assumption, calculations indicate a capacity for approximately 2,945 additional dwelling units, 8,110 new residents (assuming the average household size described below), and about 2.6 million additional square feet of non - residential development. These estimated land use statistics for the proposed General Plan are consistent with population and household forecasts established by SCAG in 2008. While these figures indicate an increase in capacity, the actual level of development the City experiences during the life of the General Plan will depend upon market demand and economic conditions. As such, development levels may be lower or higher than these estimates. Assumptions used to estimate expected level of development and a brief summary of the economic analysis is included at the end of this document. 1 NOTE: This is a draft document. The land use ideas and alternatives presented in this document represent some of the many ideas that have come from the community and through the General Plan Advisory Committee. They are not planned to be implemented at this time; these alternatives are designed to provoke discussion and the generation of ideas for the future development of Arcadia. O E O b O N w' W C N u a N d 1A M C a C 0 a L C dl a M u L Q N C J O M Y r m O H Y m i m 5 g ° o o c a G e o � O � > • • O o O O y O a � o o m v may• -� c 1 a yi 0 t o, a p m O m ° °o ° m a 2 v Q c E Z m O o — o ` E =v ° u N ; NQQ y 6 V L m L O o= U U ° O 9 O vj P C Ln �n O� o V o In I I a v 1 1 0 4 h o ry P o m 1 E v r Ifl 8 Z 5 n 0 3^iK L n m °z O eY P N H E E E � U ° O N 6 h m i m 5 ° o o c a e > o 0� m ; o o m v may• -� c 0 y +. O m ° °o ° m .O C 3 v Q c E Z m O o — o ` E =v ° u U a$ o V L m L O o= CI "o p D O 0 c an` o 0 m d C m w ? u c= Y m v > gg p o — o o? .°. rn o h c c oy`o. °i o c m c 'N S. P o m 1 E v E o c c'`- o c ., d m c m`. BA c N 3^iK .25 y L °m o -a '� on` o " SA —6 j .. m o � q� o ZU o 3 3 =4 aua` yv c q Lm. o n`o o pIs Eon' ^ w� 01 y� ? 3v m'$—On �'v Q € n ° 4 w m n U' p n W 4 C O. y - m p v a� ` o a m $HE yi2Q � � o d m 2 Summary of Changes Affecting Build -out Estimates Los Angeles County Debris Basin Study Area No changes are proposed for this study area. Foothill Boulevard Study Area The reduction in dwelling units (between existing and proposed land use policies) is due to re- designating residential uses to reflect actual uses today. For example, under currently adopted land use policy, the Country Oaks Circle neighborhood is a single - family neighborhood designated Multiple Family Residential 24. Re- designation is proposed to a lower density to reflect actual uses and development densities (Medium Density Residential). The increase in dwelling units between the proposed land use policy and actual on- the - ground land uses is mostly due to a large church property that is designated High Density Residential and a property that is designated High Density Residential but is currently developed with a commercial use. In these instances, the proposed land use plan shows unit capacity while in actuality (on- the - ground), no units currently exist. Baldwin Avenue Multi - Family Neighborhood Study Area The change in this area is due to the change in maximum density from 24 to 30 units per acre. The uses are not changing, but the new density indicates a slight increase in capacity should individual property owners choose in the future to redevelop their properties. Santa Anita Park Study Area No changes are proposed for this study area. Downtown Arcadia Study Area The increase in units is due to the new Downtown Mixed Use (DMU) designation, which allows much higher densities (from 30 to 50 units per acre). The increase in square footage is attributable to the higher FARs allowed in Downtown (from 1.0 along Huntington Drive and in the Downtown core and 2.0 along Santa Anita Avenue). Duarte Road /First Avenue Study Area The slight increase in dwelling units between existing and proposed land use policies is due to the increase in maximum density for the mixed use designation (from 24 to 30 units per acre). The increase in square footage between existing and proposed land use policies can be attributed to the increase in FAR applied to the MU designation (from 0.4 to 1.0). The increase in dwelling units between the proposed land use policy and on- the - ground uses is due to the fact that land with residential potential (designated for mixed use) is currently developed with commercial uses (no existing dwelling units). The increase in square footage between the proposed land use policy and on- the - ground uses is due to the commercial designation applied to vacant parcels and some residential uses along Duarte Road. While these properties 2 are not currently developed with commercial uses, General Plan land use policy indicates the potential for commercial uses. Baldwin Avenue /Duarte Road Study Area The increase in dwelling units overall is due to the change in maximum density from 24 to 30 units per acre for the High Density Residential designation (HDR). The uses envisioned by the General Plan are not changing, but the higher density indicates an increase in capacity should individual property owners choose to redevelop their properties. Las Tunas Drive Study Area The slight increase in square footage between proposed and actual on- the - ground uses is attributable to one parcel currently developed as a parking lot (and having no commercial development). There is no change anticipated between existing and proposed General Plan land use. Live Oak Avenue Study Area The increase in dwelling units is due to the expansion of the mixed use designation along the corridor and to the change from mixed use to High Density Residential for the block of high- density residential uses (apartments) on the north side of Live Oak Avenue between 4th and 6th Avenue. The increase in square footage is due to the higher FAR proposed for Mixed Use 2 0.0). Lower Azusa Road Reclamation Area Study Area The increase in square footage overall is attributable to the increase in FAR for the Commercial /Light Industrial (C /LI) designation (from 0.45 for the existing Industrial designation to 0.6 for the C /LI designation). City (exclusive of Study Areas) The increase in units can be attributed to raising the maximum permitted density high density residential uses from 24 to 30 units per acre. The increase in non - residential square footage can be attributed to an increase in intensity (FAR) for the mixed use and C /LI designations. Sphere Of Influence' The change in units is due to some minor re- assignment of right -of -way (i.e. streets) and some small refinements to the land use plan. Z California law requires that a General Plan "cover the territory within the boundaries of an adopting City as well as any land outside its boundaries which in the planning agency's judgment bears relation to its planning." Local Agency Formation Commissions (LAFCOs) are responsible for delineating sphere of influence boundaries that are updated every 5 years. Delineating a sphere of influence discourages competition among agencies for developable land, promotes efficient and effective service delivery for cities and special districts. 3 Land Use Assumptions Over time, as properties transition from one use to another or property owners choose to rebuild, land uses and intensities are anticipated to gradually shift to align with proposed General Plan land use policy. Given the almost built -out character of Arcadia, significant development activities may not occur over the life of this General Plan and certainly, not all properties will be developed to the maximum permitted intensities and densities. With this in mind, the following assumptions have been established (see Table 3). Density /Intensity To define a realistic build -out scenario, assumptions about expected density and intensity levels were established. Considerations used to project future conditions included examining established land use patterns and past land use development trends. For the single - family residential designation s expected densities • were derived based on a survey of existing densities. Current conditions generally represent anticipate future conditions, as very few changes are expected to occur in single - family neighborhoods over the life of the General Plan. For multi - family designations expected densities (dwelling units per acre, or du /ac) are based on 80 percent of maximum allowable density, as units built within the past 20 to 30 years are not expected to be replaced, and physical conditions and provision of on -site amenities will limit the ability of some redeveloped properties to achieve the maximum densities. Similarly, for non - residential uses, intensity (floor -to -area ratio, or FAR) is based on 80 percent of maximum allowable FAR. Maximum permitted FARs may not be achieved on individual properties given development standards and amenity requirements (for example, easements, access, parking, landscape, and buffering requirements). For the mixed use designations, 80 percent of maximum allowable density and intensity (FAR) was used for the estimates. Projected Number of Dwelling Units The projected number of dwelling units indicated Tables 1 and 2 have been calculated for each land use designation that permits residential uses. Dwelling units projections are calculated by multiplying the acres of residential land by the a SFR -2, SFR -4, and SFR -6 in the current General Plan, and Residential Estate, Very Low Density Residential, and Low Density Residential in the proposed General Plan 4 MFR -12 and MFR -24 in the current General Plan, and Medium Density Residential and High Density Residential in the proposed General Plan 4 "Expected density for MFR24 and Commercial /Multiple Family Mixed Use is based on 22 du /ac. While 24 du /ac is the maximum allowed, a density bonus is required to obtain 24 du /ac. r— +tie mixed use designations. 80 percent of maximum allowable density and intensity (FAR) was used for the estimates. I `For the single - family residential designations, expected densities were derived based on a survey of existing densities. For mum -tamiry oesignotions , expected densities (dwelling units per acre, or du /ac) are based on 80 percent of maximum allowable density expected density for that designation. Dwelling units are also assumed to occur within the mixed use designations. Acreage within the mixed use designations is distributed between residential and non - residential uses. This distribution is based on expected initial development patterns but will ultimately be guided by market demand and economic conditions. Estimated Square Footage Estimated square footage accounts for all building area of non - residential buildings, meaning commercial, office, and public or institutional uses. The projection for non- residential development is calculated by multiplying the land use acres for each land use designation by the expected FAR. The result is then converted from acres to square feet'. This yields the estimated square feet. Estimated Population Estimated population is calculated by multiplying the projected number of dwelling units by two factors: number of persons per household (2.872 in 2008) and the occupancy rate (95.9% in 2008). The number of persons per household and the occupancy rate will change year to year, but for projection purposes, the City has used the most current estimates (2008) from the California Department of Finance, Demographic Unit for the City of Arcadia. Economic Analysis As part of the General Plan program, a preliminary economic analysis was conducted by Keyser Marston and Associates (KMA) to evaluate the financial feasibility of development prototypes at key locations within the City. The three prototype development projects were located in two of the study areas, Downtown and the Live Oak Avenue corridor. The analysis examined the financial feasibility of development projects under current land use policy and development standards, and a scenario that reflected proposed increases to the intensity (height, coverage, residential density). Factors considered in the analysis included lot coverage and height (FAR), residential density, parking and development standards, development costs, revenue (income from rents and unit sales), and estimated investment returns. The intent of the analysis was to examine whether current developments standards were adequate to encourage development in the City and if proposed land use polices would improve or somehow affect the financial feasibility of new development. The hypothetical development projects include: • Site *1 (Downtown study area): office Avenue • Site 9 2 (Downtown study area): mixed proximity to the future Gold Line Station building located along Santa Anita use development located in close 5 One acre equals 43,560 square feet. 6 ■ Site *3 (Live Oak Avenue study area): mixed use development along Live Oak Avenue The resulting analysis included several conclusions: Current development standards do not encourage d Existing development standards and intensity (height, lot coverage) are considered adequate to encourage development of undeveloped (vacant) land. The cost to purchase improved (developed) land is significantly greater than the cost to purchase undeveloped land and there are very few undeveloped properties in Arcadia. Due to the high cost of purchasing improved land, it is difficult for properties to redevelop at the current densities. Projects at ropos id intensity may need incentives to be feasible Higher intensities (PAP) did result in higher land values (the more you can develop on a site, the more valuable it is). The intensity proposed in the General Plan may not be high enough to encourage redevelopment of improved land given the cost of developments, rents (commercial), and parking in the City. For example, in some areas even a higher FAR for retail uses does not improve project feasibility as more developable space translates to additional parking spaces required. A reduction in parking standards may be necessary to make new development feasible in the City. Parking requirements in the city (5 spaces per 1,000 square feet of gross floor area for commercial uses and 2 resident spaces plus 1 guest parking space per dwelling unit) negatively impact the financial feasibility of a project. Due to the amount of parking required, many developments would need to construct either a parking structure or underground parking both of which are prohibitively expensive. Rents for retail businesses in Arcadia are not high enough to offset the high cost of structured or underground parking. These businesses or developments would need to charge very high rents to balance out the high cost of parking. Changes in the City's parking standards are crucial to facilitating new developments. Additionally, alternative parking arrangements (such as creating parking districts [and parking fees] in commercial areas, allowing alternative parking requirements for areas close to the future Gold Line station, developing City -owned parking facilities, or allowing tandem parking in residential developments) can help facilitate new development. Alternative sources of funding may make development more feasible. Many developers in the San Gabriel Valley have access to off -shore capital and may approach development from a different perspective than domestic developers. For example, many developers using off -shore capital are willing VA to accept lower returns on their investments and have a longer tolerance for losses in new developments (they have more patience when waiting for a development to become profitable). This development community may be a source of redevelopment opportunities in the City. City resources such as redevelopment agency assistance may also be needed for key projects that can spur development in some of the analyzed areas. City and other sources of funding can be used to offset the high cost of development. Based on the results of this analysis, the General Plan team has requested an additional analysis for an alternative scenario that takes into consideration higher intensity (PAP) and lower parking requirements. This information will be used to test the types of changes needed in the proposed land use and development standards to encourage new development in the City. 8 Cj A 04eTI+ STAFF REPORT Office of the City Clerk DATE: July 7, 2009 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JAMES BARROWS, CITY CLERK PREPARED BY: LISA MUSSENDEN, CHIEF DEPUTY CITY CLERK SUBJECT: APPOINTMENT TO SENIOR CITIZENS' COMMISSION (TRAVELERS CLUB) TO FILL AN UNEXPIRED TERM Recommended Action: Make Appointment BACKGROUND At its meeting of June 16, 2009, the City Council reappointed Harlene Hamann to the Senior Citizens' Commission Traveler's Club to serve an additional two (2) year term ending June 30, 2011. DISCUSSION After the City Council reappointed Harlene Hamann to the Senior Citizens' Travelers Club on June 16, 2009, the City was notified that Harlene Hamann passed away on June 22, 2009. The attached letter from the Arcadia Travelers Club recommends the City Council appoint Esther Barnes to fill the unexpired term of Harlene Hamann which ends June 30, 2011. A copy of Ms. Barnes' Citizen Service resume is attached. FISCAL IMPACT There is no fiscal impact from City Council action on this item. RECOMMENDATION The Senior Citizen's Commission — Travelers Club recommends the City Council appoint Esther Barnes to the Arcadia Travelers Club to fill the unexpired term of Harlene Hamann which ends June 30, 2011. APPROVED: Pat Malloy, Actin y Manager Public Works Services Director Attachments Rose Kelso, President The Arcadia Travelers Arcadia Community Center 365 Campus Drive Arcadia, CA 91007 626...574.5130 June 26, 2009 City of Arcadia Office of the City Clerk 240 West Huntington Drive Arcadia, CA 91007 RE: Senior Citizens' Commission Esther Barnes To Whom It May Concern: RECEIVED JUL 1 2009 CI7Y OF ARCADIA CITY CLERK It is with our deepest sorrow and regret to announce the passing of our beloved friend, and 2009 Senior Citizens' Commissioner, Harlene Hamman. She was such an inspiration to all the volunteers and staff that she interfaced with and her presence will truly be missed. It is the understanding of our Board that when an appointed board members passes, it is the Board of Directors of The Arcadia Travelers responsibility to reappoint a new representative to hold the position of Senior Citizens' Commissioner. Our Board of Directors of The Arcadia Travelers unanimously supports the appointment of Esther Barnes to fill this position. We look forward to your support and ratification of Esther as she tackles this difficult task. Esther Barnes is extremely qualified and has agreed graciously to become our newly appointed Senior Citizen Commissioner. If you have any questions regarding this or other matters in regards to The Arcadia Travelers, please contact us. Res ectfully, I � Rose Kelso, President 'OF ARC\ CITY OF ARCADIA RECEIVED Citizen Service Resume JUN 3 2009 Inwrnnnud ` 1 Aultu.l 5, 190) Office of the City Clerk CITY OF ARCADIA °`� 240 W. Huntington Drive CITY CLERK nary of Arcadia, CA 91007 (626) 574 -5410 PLEASE PLACE A CHECK MARK NEXT TO THE BOARD /COMMISSION FOR WHICH YOU WOULD LIKE TO APPLY (You may make more than one selection): Arcadia Beautiful Commission _ * See additional questions on reverse Historical Museum Commission _ Planning Commission — Human Resources Commission _ Recreation and Parks Commission _ Library Board of Trustees Senior Citizens' Commission I-- Home Phon L Business Phone ( ) How long have you been a resident of Arcadia? Are you a registered voter? Yes Y` No Employer. (Include pro fess onal or vocational licenses or certificates) Please desc ribe any background, t t r aining, education or interests that qua you as an appointee `7 /i....!L_ J/ : , -, , - , „/ Y �__,,v, 1"R1 a — - 7 / //7�,AJ ,(PLEASE COMPLETE THE REVERSE SIDE OF THIS FORM) JUN -, 1 0 2009 CITY OF ARCADIA CRY CLERK ***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** rnmmunity involvement (List organization memberships and committee assignments) What do you see as the objectives and goals of the advisory board or commission for which you are applying? Are you aware of the time commitment necessary to fulfill the obligations of an appointment to this position? Yes—L No— State law and the City Conflict of Interest Code requires you to file a statement of economic s of rests annually as well as related forms when you assume and leave your appointed office (e.g. source income, loans, gifts, investments, interest in real property as required by state law). Do you agree to file all required forms in a timely manner as proscribed by the city's filing official? Yes -,. No I hereby certify that the foregoing information is correct to the best of my knowledge. Date Signature Please attach additional pages if necessary and return to the address listed on the reverse side. *Additional Questions for Arcadia Beautiful Commission applicants ONLY' 1. Are you aware that the primary function of Arcadia Beautiful Commissioners is to act as judges for the Arcadia Beautiful and Holiday Decoration Award programs? 2. Do you have the ability to travel by car during the day and in the evening for the purpose of judging? 3. The Arcadia Beautiful Commission usually has three "regular" meetings each year with additional meetings and /or time commitments scheduled for the purpose of conducting judging for the award programs, participating in a recognition event for the holiday awards that takes approximately 3 -4 evening hours in December, and attending an Arbor Day Celebration. Additionally, preliminary judging for the Arcadia Beautiful and Holiday Decoration Awards is done with each Commissioner taking responsibility for a section of the City and driving through the neighborhoods to select their nominations that will then be judged on a subsequent date by the entire Commission. Are you able to fulfill this time commitment? MEMORANDUM Development Services Department To: Mayor and City Council From: Jason Kruckeberg, Development Services DirectorsL)e- Date: July 2, 2009 RE: CONTINUANCE REQUEST FOR PUBLIC HEARING - AMENDMENT TO ARCHITECTURAL DESIGN REVIEW NO. ADR 2005 -26 FOR WESTFIELD SANTA ANITA TO INCREASE THE RESTAURANT SPACE IN PHASE 1 B FROM 10,000 SQUARE FEET TO 23,500 SQUARE FEET On July 1, 2009, the Development Services Department received the attached rr letter from Westfield Santa Anita requesting a continuance for the above referenced public hearing. The hearing in question is a continued public hearing from the June 2, 2009 City Council Meeting that had been scheduled for July 7, 2009. The applicant will not be available to attend the July 7 Council Meeting and is requesting that the item be continued to the next available date. Staff concurs with this and recommends that the City Council continue the item to a public hearing scheduled for July 21, 2009. Approved: Donap Pe an, City Manager Attachment: Westfield Letter requesting continuance dated July 1, 2009 July 1, 2449 =ice =• Mr. Jason Ktuckeberg City of Arcadia Development Services Director 244 W Huntington Dr Arcadia, CA 91466 -6021, Re: Amendment to Architectural Design Review No, 2005 -026' And CO Council Resolution No. 6562 for West, fldd Santa Anita Dear Jason, JUL 01 2009 Development Services Economic Development Division We would like to request that the above referenced item„ which was originally heard. by the City Council on June 2, 2449 and continued to July 7, 2049 be continued to the next available date. We understand that the next: available date would be July 21, 2009, This request for the continuance is being ttlade as I am not available on July 7 1h . Your favorable consideration is requested. Sincerely, /ice aly sident Development Mans N:1_developersWil ALY1SAACity ofAreadis\Anwndment to Rest +l! 11601 Wilshire 8ivd. 11 th Floor Los Angeles, CA 90025 T 310.478.4456 F 31OA914780 V — r Aa9uw 3, 199} i cy of - - - -- STAFF REPORT Development Services Department DATE: July 7, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director �K By: Jim Kasama, Community Development Administrato" Prepared by: Silva Vergel, Business License Officer Y LIN SUBJECT: Use of CDBG -R Funds for Enemv Efficiencv Improvements for Multiple - Family Residential Facilities Occupied Predominatelv by Low /Moderate Income Senior Citizens Recommendation: Approve SUMMARY In early May 2009, the Los Angeles County Community Development Commission (CDC) advised the City of Arcadia that it will receive approximately $120,195 in Community Development Block Grant — Recovery funds (CDBG -R). A project summary was submitted to the CDC proposing a low /moderate income senior citizen multiple - family residential rehabilitation project as set forth in this report. The Development Services Department is recommending that the City Council approve this project for the use of the CDBG -R funds. The primary objectives of the CDBG -R program are to fund improvements associated with infrastructure that provide basic services to low and moderate income residents, or improvements that promote energy efficiency and conservation through rehabilitation or retrofitting of existing facilities. DISCUSSION The Department of Housing and Urban Development (HUD) issued a notice on May 5, 2009 that the American Recovery and Reinvestment Act of 2009 (Recovery Act) has appropriated one billion dollars in Community Development Block Grant (CDBG) funds to states and local governments to carry out, on an expedited basis, activities eligible under the CDBG program. The purpose of the CDBG -R funds is to stimulate the economy through projects that modernize the Nation's infrastructure, improve energy efficiency and conservation, expand educational opportunities and access to health care, and provide employment. HUD expects that the CDBG -R funds will create jobs through construction and other improvement activities by primarily investing in infrastructure, housing, public facilities, and economic development, which will potentially spur further economic investment and create additional jobs. Los Angeles County will receive $7.9 million that is to be allocated to the County and participating cities. The City has been a participant in the CDBG program for approximately 35 years. The CDBG -R funds will come from HUD and are to be administered by the CDC similar to the regular CDBG program. Following the HUD notice, the CDC advised the City of Arcadia that it will receive approximately $120,195 of CDBG -R funds. A project summary was required to be submitted by May 26, 2009 so that the CDC could respond to HUD by their June 5, 2009 deadline. The Development Services Department submitted a project summary to the CDC on May 26, 2009 proposing that the City of Arcadia use its funds for a low and moderate income senior citizen multiple - family residential rehabilitation project as set forth in this report. The CDC has accepted that proposal as an eligible project within the CDBG -R criteria. The Recovery Act requires that the CDBG -R program be quickly implemented and that the funds be used in a manner that maximizes job creation and economic benefits expeditiously. The CDBG -R funds are expected to be available on July 1, 2009. The Recovery Act requires that the funds be allocated (i.e., contracts awarded based on competitive bids) within 120 days of the date that the funds become available to recipients (i.e., October 28, 2009) and that recipients use at least 50% of the funds for projects that can be initiated within that 120 days. All of the CDBG -R funds must be expended by September 30, 2012. In addition to the regular CDBG requirement that 70% of the funds be used for projects that benefit low and moderate income persons, the CDBG -R projects must ensure that use of the funds will maximize job creation and economic benefit, and must meet at least one of the following criteria of the Recovery Act: • Preserving and creating jobs and promoting economic recovery; • Assisting those most impacted by the recession; • Providing investment needed to increase economic efficiency; • Investing in transportation, environmental protection, or other infrastructure that will provide long -term economic benefits; • Minimizing or avoiding reductions in essential services; or • Fostering energy independence CDBG -R Projects July 7, 2009 page 2 HUD is requiring stringent reporting for the use of CDBG -R funds. In addition to verifying that the above requirements are being met, participating agencies must provide a detailed report on the number of full and part time jobs that are to be created and retained, including, but not limited to permanent, construction and temporary jobs. Information must also be provided on how citizens and other interested parties can contact the local program administrator. This report must be readily available on the agency's website. The CDC is retaining 5% ( ±$6,010) for its administration of these Recovery Act funds, and a maximum of 25% ( ±$30,048) may be used by the local agency for its administration costs. The Development Services Department anticipates that no more than 10% (±$12,019) of the funds will be needed to manage the project. The remainder ( ±$102,166) will be used for the rehabilitation of the facilities. At the June 2, 2009 meeting, the City Council approved a Professional Services Agreement with Ms. Beatrice Picon to administer portions of the City's CDBG program. Included as part of her contract is management the CDBG -R funds. Staff has set aside $6,000 for Ms. Picon's management of the CDBG -R project. Proposal The Development Services Department is proposing that the CDBG -R funds be used for rehabilitation improvements with an emphasis on energy efficiency for multiple - family residential facilities occupied predominately by low and moderate income senior citizens. This project will satisfy all of the aforementioned requirements and criteria. The following two multiple - family residential facilities are predominately occupied by low and moderate income senior citizens: Naomi Gardens — 655 W. Naomi Ave., 101 - units, built in 1985 2. Heritage Park at Arcadia — 150 Las Tunas Dr., 54- units, built in 2004 Upon learning of the availability of these funds and the acceptance of the proposed project by the CDC, the Development Services Department sent letters to the above residential facilities on May 29, 2009 informing them of the potential rehabilitation project. These organizations were asked to reply by June 8, 2009 if they were interested in participating in this program. The Development Services Department received a letter from Naomi Gardens expressing interest in being a project participant. Heritage Park at Arcadia has not yet responded to our letter. In their letter, Naomi Gardens outlined various improvements such as painting the exterior of the building, replacement of approximately 120 awnings, updating the fire alarm system, upgrading the light ballasts in the hallways and common areas, and the replacement of windows in about 82 of the 101 units. Although only one of the two eligible multiple - family residential facilities submitted a response, the actual scope of work will be determined once the project is approved by the City Council, and the facility has been inspected. The project participants will CDBG -R Projects July 7, 2009 page 3 have to expeditiously obtain bids and begin the rehabilitation project. The Recovery Act requires that contracts for the projects be awarded within 120 days of the receipt of funds (i.e., October 28, 2009). FISCAL IMPACT There is not a fiscal impact to the City's General Fund to implement the CDBG -R projects. All funds, including the administrative allowance comes from the grant. However, CDBG project appropriations are included in the City's operating budget and are required to be approved by the City Council prior to the expenditure of the funds. The Development Services Department is requesting an additional appropriation of $120,195, which is equal to the expected amount of the grant, to cover the costs of providing the recommended rehabilitation improvements and the associated administrative costs. RECOMMENDATION The CDC advises that the City Council approve a program of project(s) subject to a provision that authorizes the City Manager to make amendments as necessary. The Development Services Department recommends the following actions: 1. Approve the use of the expected CDBG -R funds for a rehabilitation project, with an emphasis on energy efficiency improvements, at the Naomi Gardens and /or Heritage Park senior citizen residential facilities and fund an allocation of $120,195, or as modified by the City Council; and 2. Authorize the City Manager to: a. Modify the project and /or allocation should amendments become necessary; and b. Execute a Memorandum of Understanding with the Los Angeles County Community Development Commission, which is to be submitted at a later date. Approved: DrYu..c-0 - Pen" -4aJ Donald Penman, City Manager CDBG -R Projects July 7, 2009 page 4 51:0085 CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, JUNE 16, 2009 CALL TO ORDER Mayor Wuo called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo ABSENT: None STUDY SESSION PUBLIC COMMENTS (5 minutes per person) - None STUDY SESSION a. Report, discussion and direction regarding Medical Marijuana Dispensary Moratorium. Police Chief Sanderson advised that the moratorium the City Council adopted in October 2008 expires in September 2009 allowed the City to study the law regarding medical marijuana dispensaries; he reported the moratorium was put in place due to conflicting laws between the state and federal government that marijuana dispensaries are illegal enterprises that create ancillary negative effects on the community; the State recently held a summit on the current status of federal and state law including the California Attorney General's view on medical marijuana dispensaries; he provided a brief summary of Federal law, California law, primary caregivers, dispensaries, local government responses and enforcement of marijuana laws. Mr. Deitsch reported and discussed some recent court cases and recommends the Zoning Code be amended to make it clear that medical marijuana dispensaries are a prohibited use throughout the City; and the Business License Ordinance also be amended to include that no business licenses will be issued to any business that violates federal, state or local laws. It was the consensus of the City Council to impose a ban on medical marijuana dispensaries finding there are illegal enterprises according to federal law; that licensing such dispensaries could be viewed as aiding and abetting a criminal enterprise; that California Law does not recognize storefront dispensaries as true "collectives" and offer no legal protection for their cultivation, possession or sales of marijuana; that ancillary negative consequences surround medical marijuana dispensaries; and that medical marijuana dispensaries are heavily tied to organized criminal activity and direct the City Attorney to prepare the appropriate ordinance for Planning Commission and City Council consideration. 06 -16 -2009 51:0086 CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators William W. Floyd, Hue Quach and Michael Casalou. Employee Organizations Arcadia Public Employees Association, Arcadia City Employees, Arcadia Police Officers' Association, Arcadia Firefighters' Association and unrepresented employees: Department Heads, Division Managers and Part -time employees. RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Wuo called the regular meeting to order in the Council Chamber at 7:00 p.m. INVOCATION — Mayor John Wuo PLEDGE OF ALLEGIANCE - Robert Sanderson, Arcadia Police Chief ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Wuo, Amundson, Kovacic, Harbicht, and Chandler ABSENT: None REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON STUDY SESSION ITEMS City Attorney Steve Deitsch reported the City Council and Redevelopment Agency met in a Study Session to discuss and provide direction regarding the existing moratorium on medical marijuana dispensaries and directed the City Attorney to prepare certain ordinances and bring them back for Planning Commission and City Council consideration. Mr. Deitsch further reported the City Council and Redevelopment Agency met in a closed session to consider the one (1) item listed on the posted agenda, no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS City Manager Don Penman noted that a resolution declaring the results of the Special Municipal Election held on June 9, 2009 already listed on the agenda was distributed; he recommended that Consent Item 2.r be pulled for separate discussion; and that a resolution be added to the agenda regarding a state proposal that would take local gas tax revenue from cities which the City Attorney addressed. City Attorney Steve Deitsch explained that according to the Ralph M. Brown Act, the City Council by an affirmative vote of at least 4 votes and by making two findings to add an item after the agenda was posted. He announced the need to take action and that the need to take action arose after the agenda was posted; staff learned of the need to take action on Monday morning based upon a request from the League of California Cities which was transmitted to all cities in the State of California late Friday afternoon; and that time is of the essence to take action on the resolution which was learned after the City Council agenda was posted. 06 -16 -2009 51:0087 It was moved by Council Member Harbicht seconded by Council Member Kovacic and carried on a unanimous roll call vote to make the findings as announced by the City Attorney to add Resolution No. 6686 authorizing the City Attorney to cooperate with the League of California Cities, other cities and counties in litigation challenging the constitutionality of any seizure by state government of the City's street maintenance funds. AYES: Council Member Harbicht, Kovacic, Amundson, Chandler and Wuo NOES: None ABSENT: None MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Mayor Pro Tern Amundson seconded by Council /Agency Member Chandler and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation of 2009 Arcadia Beautiful Awards. Mayor Wu, Chairperson Cherri Liu, Ann Kidd and Sheryl Lopez of the Arcadia Beautiful Commission were present to make the presentations. The award recipients were: 1327 Oakwood Drive 15 Yorkshire Drive 1643 La Ramada Avenue 133 Andrea Lane 136 Andrea Lane 1648 Rodeo Road 206 San Antonio Road 412 South Old Ranch Road 1010 Panorama Drive 308 North Vaquero Road 620 North Vaquero Road 425 East Camino Real Ave 426 East Camino Real Ave 340 West Camino Real Ave 383 West Woodruff Ave 1. PUBLIC HEARING REDEVELOPMENT AGENCY ITEMS: a. Resolution No. ARA -228 adopting a budget for Fiscal Year 2009 -2010 and appropriating the amount specified therein as expenditures from the funds indicated. Recommended Action: Adopt 06 -16 -2009 51:0088 Don Penman, City Manager provided summaries of the City and Redevelopment Agency Fiscal Year 2009 -10 budgets. He reported the City's overall budget is $82 million dollars of which $46 million dollars is in the City's General Fund; that due to the recession and in anticipation that the City would face a shortfall, the budget was trimmed approximately $1.3 million dollars leaving a shortfall of $1,242,000; staff came up with a list of recommendations including revenue enhancements, fund transfers and some cuts totaling $648,439 which lowered the General Fund shortfall to $594,281. He advised that at the request of the City Council, staff meet with employee groups to see if they would agree to voluntarily defer previously approved salary or benefit increases to further assist in the shortfall; he reported that each of the employee groups agreed to deferrals thereby reducing the shortfall to $286,000; he noted that employee groups had existing contracts and were not compelled to defer any salary or benefit increases but wanted to contribute to the solution. He noted the use of reserves to balance the budget will be about $286,000. He advised that many years ago, a Citizen's Advisory Committee was formed and determined the use of reserves is appropriate in the event of a revenue shortfall or expenditures that are not accounted for and explained the policy goal to achieve a 20% reserve; he discussed the Capital Improvement and Equipment Replacement Plan for 2009 -10 which has $9.9 million dollars in capital projects and includes over $5 million dollars in street projects, most of which are being funded by federal stimulus money or federal grants; and discussed restrictive funds and how they are used. Mr. Penman also provided a brief summary of the Redevelopment Agency budget for fiscal year 2009 -10; he noted the Agency continues to secure property for the Rusnak Expansion; that there are plans to do work towards the Gold Line in the downtown area; various housing options are being explored as the City is required to spend 20% of Redevelopment set aside for housing projects which the City is currently in the process of acquiring. Hue Quach, Administrative Services Director explained the General Fund operating budget for fiscal year 2009 -10 will have a beginning fund balance of $4,391,000; he provided an overview of beginning fund balances, proposed expenditures, employee compensation and benefits deferrals, revenue over expenditures and ending fund balances. He provided a summary of the City's major revenue sources and uses of general fund monies, estimated revenues from outside agencies, expenditure summaries for employee services, supplies and services and department summaries; he explained the take away proposal by the state of Highway User Tax money (Gas Tax) which would equal approximately $1.8 million dollars and how it would affect Arcadia; he further explained by not receiving Gas Tax monies, capital improvement projects would be decreased and there would be no other funding for capital projects. Mr. Quach reported the state is considering borrowing property tax money from cities and noted that under Proposition 1A they are allowed to borrow twice in a 10 year period which must be repaid within three years plus interest; he advised this would be the second time the state has borrowed money. He noted this would be approximately $1.3 million dollars from the City which would have to be repaid to the City within three years plus interest. He explained the proposed ERAF shift of redevelopment dollars and the recent Court ruling that ruled it unconstitutional and the state's new proposal. He reported that he just received an electronic mail from the State's Legislative Budget Conference Committee that instead of the one year take away, the state is proposing a three year take away from the City's Redevelopment Agency and explained what this means to the City. 06 -16 -2009 51:0089 Mr. Penman reminded the City Council that the Agency owes the City money for the purchase of the Mounted Police property which was used to relocate the Church; he recommended the debt be paid from the current 2008 -09 fiscal year budget and that the City Council authorize the money to be repaid by dividing the funds equally between the Emergency Reserve Fund and the Equipment Replacement Fund. City Attorney Steve Deitsch advised that separate City Council action regarding payment of the debt owned to the City from the Agency be brought back to a future meeting for City Council and Redevelopment Agency action. Mayor Wuo opened the public hearing. No public comments heard. A motion to close the public hearing was made by Council Member Chandler seconded by Council Member Amundson and seeing no further objection, Mayor Wuo declared the public hearing closed. A motion was made by Council Member Amundson to add a provision that at no time would the Emergency Reserve Fund be allowed to fall below 15% without approval of the City Council. The motion died for a lack of a second. A motion was made by Council Member Harbicht seconded by Council Member Chandler and carried on roll call vote to adopt Resolution No. ARA -228 adopting a budget for Fiscal Year 2009 -2010 and appropriating the amount specified therein as expenditures from the funds indicated. AYES: Council Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None CITY COUNCIL ITEMS: a. Consideration of adoption of the following Resolutions related to the 2009 -2010 Fiscal Year budget: Adopt Resolution No. 6684 adopting a Budget for Fiscal Year 2009 -2010 and appropriating the amounts specified therein as expenditures from the funds indicated. Recommended Action: Adopt Adopt Resolution No. 6685 adopting a Capital Improvement and Equipment Plan for Fiscal Years 2009 -2010 through 2013 -2014. It was moved by Council Member Harbicht seconded by Council Member Chandler and carried on roll call vote to Adopt Resolution No. 6684 adopting a Budget for Fiscal Year 2009 -2010 and appropriating the amounts specified therein as expenditures from the funds indicated. AYES: Council Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None 06 -16 -2009 51:0090 It was moved by Council Member Harbicht seconded by Council Member Chandler and carried on roll call to adopt Resolution No. 6685 adopting a Capital Improvement and Equipment Plan for Fiscal Years 2009 -2010 through 2013 -2014. Mr. Penman thanked Hue Quach, Shannon Huang and all the staff including the Management Analysts, for all their hard work on the budget and thanked the bargaining groups for contributing to close the budget deficit. AYES: Council Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None a. Consideration of adoption of the following Resolutions related to Water and Sewer Rate Schedule: Adopt Resolution No. 6679 setting City water rates and finding the rates will not exceed the estimated amount necessary to fund operation of the City Water System. Recommended Action: Adopt Adopt Resolution No. 6680 setting City sewer rates and finding the rates will not exceed the estimated amount necessary to fund operation of the City Sewer System. tem. Recommended Action: Adopt Pat Malloy, Assistant City Manager /Director of Public Works Services reported that each year, as part of the budget process, revenue rates are reviewed to insure there is sufficient funding available to meet operational, capital improvements and preventative maintenance upgrades for the water and sewer systems; that public hearing notices regarding the proposed rate adjustments were mailed to all property owners in compliance with Proposition 218; that the proposed rate increases include a 3.7% cost of living adjustment for fiscal year 2009 -10 and automatic increases according to the Consumer Price Index for fiscal years 2010 -11, 2011 -12, 2012 -13 and 2013 -14. Tom Tait, Deputy Director of Public Works Services explained that as part of the budget process staff reviewed Water Fund expenditures, the Capital Improvement Program and the Water Master Plan and has determined that a 3.7% cost of living adjustment is necessary in order to maintain water services to the residents; the current water rate is $1.26 and the new rate is $1.31 which is a $0.05 cent increase; he presented a powerpoint presentation of the services provided by the Water and Sewer Divisions; and a Phase 1 Mandatory Water Conservation ordinance will be presented at the July 7th Council meeting for consideration of a tiered water rate. Marie Rodriguez, Administrative Assistant provided an overview of sewer services and presented a power point presentation of the services provided; she noted the Sewer Master Plan is a comprehensive report outlining a long range program of capital improvements, financial planning and preventative maintenance measures to upgrade and maintain the City's sewer system; she noted state permit fees and mandates have increased their fees causing the cost of maintaining and operating the system to increase; the proposed annual rate adjustment will increase from $3.80 to $3.94 which is a 14 cent increase; commercial rates will increase from $11.30 plus $0.10 per unit of water consumed to $11.78 per month plus $0.11 per unit 06 -16 -2009 51:0091 consumed; a survey conducted shows that Arcadia remains the lowest for sewer costs; she reported that of the 14,000 public hearing notices, 12 written protests were received; staff recommends approval of a 3.7% cost of living adjustment for water and sewer rates for fiscal year 2009 -10 and approve automatic increases based on the Consumer Price Index for fiscal years 2010 -11, 2011 -12, 2012 -13 and 2013 -14. Mayor Wuo opened the public hearing. No public comments heard. A motion to close the public hearing was made by Council Member Chandler seconded by Council Member Harbicht and seeing no further objection, Mayor Wuo declared the public hearing closed. It was moved by Council Member Harbicht seconded by Council Member Chandler and carried on roll call vote to adopt Resolution No. 6679 setting City water rates and finding the rates will not exceed the estimated amount necessary to fund operation of the City Water System. AYES: Council Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None It was moved by Council Member Harbicht seconded by Council Member Chandler and carried on roll call vote to adopt Resolution No. 6680 setting City sewer rates and finding the rates will not exceed the estimated amount necessary to fund operation of the City Sewer System. AYES: Council Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None In response to a compliment made by Council Member Kovacic on the Colorado Landscaping project, Mr. Malloy introduced those staff members in the audience who participated in the project. PUBLIC COMMENTS Paul Cheng, Arcadia resident and local attorney appeared and commented on Law Day; he thanked Council Member Kovacic for the thank you letter he received and noted he will definitely participate again next year; and noted the lack of sidewalks in the south portion of Arcadia. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Chandler commented on the Special Municipal Election held on June 9th; he thanked the Arcadia Fire Fighters Association for sending out the mailer in support of Measure A and also thanked the Police Officers Association for their monetary contribution to the mailer. Council Member Harbicht commented on an article he read in Western Cities Magazine regarding verified responses to false alarms. 06 -16 -2009 51:0092 Council Member Kovacic thanked Mr. Cheng for his comments and participation in Law Day and his concerns about the sidewalks in Arcadia; he announced a Conversational Skills Class at the Library that assists individuals in communicating in English need tutors and anyone interested should contact the Library for additional information. Mayor Pro Tern Amundson commented on the City's budget and the downturn in the economy; and also on the three memorial services he recently attended in the last month for Richard Hanna, Joann Perrin and Terry Blackwood. City Clerk Jim Barrows had no comments. Mayor Wuo congratulated the winners of the Arcadia Beautiful awards; he commented on the Inaugural Girl Scout Dinner he recently attended; the passage of Measure A by the voters and also thanked the residents for voting and supporting Measure A and the Fire Fighters and Police Association for their contributions; and noted the lighter traffic due to the schools being out for the summer. 2. CITY CLERK'S REPORTS a. Annual Board and Commission Appointments Recommended Action: Make Appointments City Clerk James Barrows provided a brief report on the board and commission appointments. Nominations by the City Council were made to appoint/reappoint members to the Arcadia Beautiful Commission, Human Resources Commission, Library Board of Trustees and Senior Citizens' Commission. Nominations and Appointments: Arcadia Beautiful Commission (2 positions open and 1 position open to fill an unexpired term until June 2011): Council Member Chandler nominated Richard Cordano and Ann Kidd for reappointment. Seeing no other nominations, the City Council unanimously reappointed Richard Cordano and Ann Kidd to the Arcadia Beautiful Commission for a four (4) year term ending June 30, 2013. Council Member Harbicht nominated Esther Woo to fill the unexpired term ending June 30, 2011. Seeing no other nominations, the City Council unanimously appointed Esther Woo to the Arcadia Beautiful commission to fill the unexpired term ending June 30, 2011. Human Resources Commission (1 position open): Council Member Harbicht nominated Jerome Selmer for appointment. Seeing no other nominations, the City Council unanimously appointed Jerome Selmer to the Human Resources Commission for a four (4) year term ending June 30, 2013. 06 -16 -2009 51:0093 Library Board of Trustees (1 position open): Council Member Chandler nominated Meredith Brucker for reappointment. Seeing no other nominations, the City Council unanimously reappointed Meredith Brucker to the Library Board of Trustees for a four (4) year term ending June 30, 2013. Senior Citizens' Commission (1 At Large City Council Appointment and 3 Service Club Appointment positions open): Council Member Harbicht nominated Jerry Vaught for reappointment to the Senior Citizens' Commission Senior Friendship Club; Russ Simsarian for reappointment to the Senior Men's Club and Harlene Hamann for reappointment to the Traveler's Club. Seeing no other nominations, the City Council unanimously reappointed Jerry Vaught to the Senior Citizens' Commission Senior Friendship Club, Russ Simsarian to the Senior Men's Club and Harlene Hamann to the Traveler's Club for two (2) year terms ending June 30, 2011. Council Member Kovacic nominated Jack Lamp for appointment to the Senior Citizen Commission City Council appointment At -Large Position. Seeing no other nominations, the City Council unanimously appointed Jack Lamp to the Senior Citizens' Commission City Council At -Large Position for a two (2) year term ending June 30, 2011. b. Adopt Resolution No. 6681 reciting the fact of the Special Municipal Election held on June 9. 2009 declaring the results and other matters as provided by law. Recommended Action: Adopt City Clerk James Barrows provided the staff report declaring the results of the June 9, 2009 Special Municipal Election. It was moved by Council Member Chandler seconded by Council Member Kovacic and carried on roll call vote to Adopt Resolution No. 6681 reciting the fact of the Special Municipal Election held on June 9, 2009 declaring the results and other matters as provided by law. AYES: Council Member Chandler, Kovacic, Amundson, Harbicht and Wuo NOES: None ABSENT: None 3. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Meeting Minutes of June 2, 2009. Recommended Action: Approve 06 -16 -2009 51:0094 b. Adopt Resolution No. ARA -229 authorizinq the use of Red evelopment Agenc Funds for Public Improvements. Recommended Action: Adopt C. Authorize the Executive Director to execute a contract with Oak Tree Environmental for the Asbestos Abatement and Demolition of the building at 21 Morlan Place in the amount of $76,000, approve a 10% contingency and approve an appropriation of $115,000 from the Redevelopment Agency Funds. Recommended Action: Approve d. Authorize the Executive Director to execute a Professional Services Agreement with Caporicci & Larson for Agency audit services for the Fiscal Year ending June 30, 2009 in the amount of $8,615.00. Recommended Action: Approve e. Accept all work performed by WF Construction for the Arcadia Self - Storage Building Refurbishment at 33 -37 West Huntington Drive as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve CITY COUNCIL ITEMS: f. Approve the Meeting Minutes of June 2, 2009. Recommended Action: Approve g. Adopt Resolution No. 6682 authorizing the use of Redevelopment Agency Funds for Public Improvements. Recommended Action: Adopt h. Adopt Resolution No. 6683 establishing an Appropriations Limit for Fiscal Year 2009 -10, Recommended Action: Adopt i. Adopt Ordinance No. 2258 amending Article IX, Chapter 2. Part 6 of the Arcadia Municipal Code pertaining to temporary banners and commercial and industrial p arking. Recommended Action: Adopt j. Adopt the recommended Statement of Investment Policy. Recommended Action: Approve k. Award a purchase order contract to Baker & Taylor for the purchase of books, DVDs and music products for the Arcadia Library in the amount of $135.000. Recommended Action: Approve I. Award a purchase order contract to H.D. Waterworks for the purchase of Data Log Radio Read Water Meters for the City's Water Distribution System in the amount of $250,000. Recommended Action: Approve 06 -16 -2009 51:0095 M. Authorize the City Manager to execute an Agreement with the Arcadia Chamber of Commerce for $62,000 for Fiscal Year 2009 -2010. Recommended Action: Approve n. Authorize the City Manager to execute a contract to Bound Tree Medical for the replacement of paramedic field supplies in an amount not to exceed $45,000 during Fiscal Year 2009 -2010. Recommended Action: Approve o. Authorize the City Manager to execute a Professional Services Agreement with Caporicci & Larson for City Audit Services for the Fiscal Year ending June 30, 2009 in the amount of$38,085. Recommended Action: Approve P. Authorize the retention of Studio Spectrum Inc. in an amount not to exceed $27,000 to film, program and provide ancillary services related to the live and taped broadcast of City Council meetings during Fiscal Year 2009 -2010. Recommended Action: Approve q. Approve the purchase of VHF Mobile Radios and related equipment for the Fire Department from Motorola Inc. in an amount not to exceed $103,700. Recommended Action: Approve Award contract and approve additional appropriation for the Wilderness Park Access Road Stabilization Proiect. Recommended Action: Reject the bid and approve contract a. Reject the bid protest submitted by Drill Tech Drilling & Shoring, waiving bid errors in the bid submitted by the low bidder, JRN, Inc. as immaterial, finding that such waiver provides the JRN Inc., with no material financial advantage; and b. Authorize the City Manager to execute a contract with the low bidder, JRN Inc., in the amount of $368,590, approve a 10% contingency and approve an additional appropriation of $50,000 from the Capital Outlay Fund. As recommended earlier by Mr. Penman, Consent Calendar Item 3.r was pulled for discussion. Phil Wray, Deputy Director of Development Services /City Engineer reported a as a result o heavy rainfall back in January 2005, a portion of a backyard slope slid down onto the Wilderness Access Road; the property owner filed a lawsuit for damages caused by the slide and as a result of a settlement agreement with the property owner, the City agree to construct a retaining wall and rebuild a more stable slope to protect from further erosion. He advised that staff and experts explored several options for the repair and stabilization of the slope; he explained the bidding process and advised that 8 bids were received; the second low bidder filed a protest claiming the low bidder submitted an incomplete bid; staff investigated the allegations made by the second low bidder and noted the City was satisfied that the bid documents provided by the low bidder were accurate and the document missing is not legally required as part of the bid process but requested by the City in order to assist in the qualifications and experience of the bidder. Mr. Wray advised that $450,000 was budgeted in the current 2008 -09 Capital Improvement Budget; construction costs are $368,590 and the total 06 -16 -2009 51:0096 project cost including design, construction administration, inspection and contingency is estimated at $500,000 and requested an additional appropriation of $50,000 to complete the project and recommends the bid protest be rejected, award the contract and approve the additional appropriation. A motion was made by Council Member Harbicht seconded by Council Member Chandler and carried on roll call vote to approve items 3.a through 3.r on the City Council /Agency Consent Calendar. AYES: Council /Agency Member Chandler, Amundson, Harbicht, Kovacic and Wuo NOES: None ABSENT: None Mr. Penman read the title of Resolution No. 6686 which was added to the agenda as explained by City Attorney Steve Deitsch. A motion was made by Council Member Chandler seconded by Council Member Amundson and carried on roll call to approve Resolution No. 6686 authorizing the City Attorney to cooperate with the League of California Cities, other cities and counties in litigation challenging the constitutionality of any seizure by state government of the City's street maintenance funds. AYES: Council /Agency Member Chandler, Amundson, Harbicht, Kovacic and Wuo NOES: None ABSENT: None ADJOURNMENT The City Council /Redevelopment Agency meeting adjourned at 9:30 p.m. to Tuesday, July 7, 2009, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk By: Lisa Mussenden Chief Deputy City Clerk/Records Manager 06 -16 -2009 �T I.a..r..•lea A9r9.1 5.1903 STAFF REPORT Public Works Services Department DATE: July 7, 2009 TO: FROM: Mayor and City Council Pat Malloy, Assistant City Manager /Public Works Services D(ector Prepared by: Tom Tait, Deputy Public Works Services Direct Dave Thompson, Maintenance Contract Officer SUBJECT: APPROVE A PURCHASE ORDER WITH STANDARD CONCRETE COMPANY FOR THE PURCHASE OF CONCRETE FOR THE REPAIR OF SIDEWALKS, DRIVEWAYS, STREETS, CURB AND GUTTER IN VARIOUS LOCATIONS THROUGHOUT THE CITY IN THE AMOUNT OF $ 45,000 Recommendation: Approve SUMMARY The Public Works Services Department (PWSD)' Street Section is responsible for the maintenance and repairs of all roadways in the City. Street crews are responsible for filling potholes, patching streets, applying crack sealant, repairing City parking lots, replacing curb and gutter, and repairing sidewalks, throughout the City. In order to accomplish many of these tasks, PWSD purchases ready mix concrete from an outside contractor. Staff recommends that the City Council approve a purchase order with Standard Concrete Company for the purchase of concrete for the repair of sidewalks, driveways, streets, curb and gutter in the amount of $45,000. DISCUSSION The Public Works Services Department is responsible for repairs to the public sidewalks and curb and gutters throughout the City. The City schedules these repairs based on requests from the residents and the severity of the damage to the existing area. Repairs to these damaged areas are important to the safety of the residents. Notice inviting bids were published in the adjudicated paper and bid packages were distributed to area vendors. Three (3) vendors submitted sealed bids to the City Clerk. Page 1 of 2 Mayor and City Council July 7, 2009 The City Clerk publicly opened three (3) sealed bids on May 26, 2009 with the following results: FIRM LOCATION BID AMOUNT Standard Concrete Irwindale, CA $79.30 per yard Cal Portland Irwindale, CA $91.50 per yard Spragues Ready Mix Irwindale, CA $110.00 per yard Staff has reviewed the bid documents for content and investigated the vendors' background and recent projects for competency. It has been concluded that Standard Concrete is the lowest responsible bidder to provide concrete to the City for repairs to the sidewalks and curb and gutter. Therefore, staff recommends that the City Council award a purchase order to Standard Concrete for the purchase of concrete in the amount of $45,000. FISCAL IMPACT Sufficient funds are budgeted in the FY 2009 -10 Operation Budget to cover the cost of these services. Gas Tax money is the funding source for the Street Maintenance budget. RECOMMENDATIONS Approve a purchase order with Standard Concrete Company for the purchase of concrete for the repair of sidewalks, driveways, streets, curb and gutter in the amount of $45,000. Approved by: Donald Penman, City Manager PM:TT:DT Page 2 of 2 I- =4 STAFF REPORT Public Works Services Department DATE: July 7, 2009 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Director` A! Prepared by: Tom Tait, Deputy Public Works Services Director i SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE THE MEMORANDUM OF AGREEMENT WITH THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SCVCOG) FOR THE DEVELOPMENT OF THE COORDINATED IMPLEMENTATION PLAN FOR THE LOS ANGELES RIVER METALS TOTAL MAXIMUM DAILY LOAD (TMDL) Recommendation: Approve SUMMARY On September 6, 2007, the Los Angeles Regional Water Quality Control Board ( LARWQCB) adopted the Metals Total Maximum Daily Load (TMDL) for the Los Angeles River. The Los Angeles River TMDL requires that watershed cities and agencies develop a Coordinated Implementation Plan designed to reduce the amount of metal pollutants found in the Los Angeles River. Staff recommends that the City Council authorize the City Manager to execute the Memorandum of Agreement with the SGVCOG for the development of the Coordinated Implementation Plan for the Los Angeles River Metals TMDL. BACKGROUND The 1972 Clean Water Act established water quality standards and TMDL programs to control water pollution. A TMDL is a calculation of the maximum amount of a specific pollutant that a body of water can receive without negatively impacting the water quality and the aquatic life. The Metals TMDL addresses impairments for selenium, zinc, lead, copper, and cadmium and intends to control the pollution level of these elements that enter the Los Angeles River to improve water quality. The Los Angeles River is listed as an impaired water body because it does not meet the water quality standards as a result of pollution. For this reason, the Los Angeles River Metals TMDL was approved by the LARWQCB and has become a mandatory program that must be complied with. The Metals TMDL consists of the following three elements: Page 1 of 3 Mayor and City Council June 7, 2009 Special Studies - studies performed to find out what the maximum concentration of certain metals in the LA River would be before the amount would be considered toxic. 2. Monitoring Plan — monitoring of water quality at key locations along the Los Angeles River in order to isolate sources of pollutants. 3. Implementation Plan - a plan designed to reduce the amount of metal pollutants found in the Los Angeles River. On August 21, 2007, the City Council authorized the City Manager to enter into an Implementation Agreement for the oversight of Special Studies (Project Management) related to the TMDL. On August 19, 2008, the City Council authorized the City Manager to execute an agreement with the Gateway Cities Council of Governments for the Coordinated Monitoring Plan. The City of Arcadia has been successfully keeping up with all Metal TMDL Programs in an effort to comply with the Los Angeles Regional Water Quality Control Board Standards. DISCUSSION The Coordinated Implementation Plan is designed to reduce the amount of metal pollutants found in the Los Angeles River through the implementation of Best Management Practices (BMPs) and public outreach programs. A coordinated implementation plan can be costly for the City to develop on its own. Staff has been working with other agencies in the Los Angeles River watershed to determine a framework to ensure compliance with the Metals TMDL in the most cost effective, regionally consistent manner. Similar to the Metals TMDL Monitoring Plan, the City of Arcadia will share the cost with other agencies in the Los Angeles River watershed. The first compliance deadline for submittal of the draft implementation plan is due on January 11, 2010. The SGVCOG has agreed to provide administration for the Coordinated Implementation Plan. The administration of the Coordinated Implementation Plan will require invoicing, bill payments and auditing. It will be the responsibility of the Cities who participate in these efforts to fully fund the cost of the Implementation Plan including those administered by the SGVCOG. FISCAL IMPACT The total estimated cost of the watershed wide implementation plan is approximately $251,435. Arcadia's portion will cost approximately $15,800, however this amount can increase depending on the number of cities that choose to participate in this regional effort. The implementation plan is a state mandate, and it is likely that most cities in the Los Angeles River watershed will participate in order to maintain low costs for each city. Sufficient funds have been budgeted in the 2009 -10 Capital Improvement Program Budget. Page 2 of 3 Mayor and City Council June 7, 2009 RECOMMENDATION Authorize the City Manager to execute the Memorandum of Agreement with the San Gabriel Valley Council of Governments for the development of the Coordinated Implementation Plan (CIP) for the Los Angeles River Metals TMDL. Approved by: �'T1�s-4Q p6 w � Donald Penman, City Manager PM:TT Attachment Page 3 of 3 C L[FORN� r m�9rnu. ma Aupu4t 5, 1901 STAFF I�.EP O"P T Public Worlcs Services Department DATE: July 7, 2009 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Director w' Prepared by: Maria P. Aquino, Management Analyst SUBJECT: AUTHORIZE THE CITY MA NAGER TO EXECUTE A GRANT APPLICATION FOR RECEIPT OF FY 2009 FEDERAL FUNDS REQUIRING CITY MATCHING FUNDS FOR WATER SYSTEM IMPROVEMENTS Recommendation: Approve SUMMARY The City of Arcadia has jointly pursued federal grant funds with the City of Sierra Madre over the past thirteen (13) years. The cities have been successful in receiving federal grant funds for planning, design and construction of water system improvements to upgrade the cities' water systems to reduce detrimental impacts due to major seismic events. This year the City of Arcadia has again received a federal grant in the amount of $242,500 through the U.S. Environmental Protection Agency (EPA). As a condition of the grant, the EPA requires that the City provide matching funds in the amount of $198,409 and complete an Application for Federal Assistance to release the grant funds. The submittal of this application and subsequent award of funds by the EPA, commits the City of Arcadia to provide the required matching funds. Staff recommends that the City Council authorize the City Manager to execute the Application for Federal Assistance committing the City to its participation in the grant program and to set aside the required matching funds ($198,409) in order to release the FY 2009 federal grant funds. Water projects related to this grant are included as part of the approved 2008 -09 Capital Improvement Program budget. DISCUSSION Over the past decade the Cities of Arcadia and Sierra Madre (cities) have jointly received numerous federal grants for water system infrastructure. Since 1996, the cities have received a combined total of over $15 million in federal funds for planning, design and construction of water system improvements, resulting in nearly $9.3 million for the City of Arcadia. Page 1 of 2 Mayor and City Council July 7, 2009 On June 22, 2009, the EPA notified staff that FY 2009 federal grant funds ($485,000) are available for award to the cities from EPA's State and Tribal Assistance Grant (STAG) program for water system improvements. The City of Arcadia's share is 50% or $242,500. These federal funds have become available through the assistance and cooperation of key members of the California Congressional delegation in concert with City staff and the City's legislative advocate. As part of the grant agreement terms, the City of Arcadia must provide local matching funds of $198,409. Therefore, the total amount (federal + City match) for expenditure by the City of Arcadia under the FY 2009 grant program is $440,909. These funds will be applied to the construction of the Camino Real and Longley water well sites which the Council approved in last year's CIP budget for a total project cost of $3,400,000. As a part of the EPA process to release the FY 2009 federal grant funds, the City is required to complete an Application for Federal Assistance, including project budget data, description of the projects, program plan, description of program tasks, program plan schedule and assurance certifications. The submittal of this application and subsequent award of funds by the EPA, commits the City of Arcadia to providing the required matching funds in accordance with the terms and conditions of the grant. As indicated, the City's matching funds are $198,409 over the course of the grant period which is already included in the 2008/09 Capital Improvement Budget for Camino Real and Longley water well project. The grant period is estimated to be through September 2012 even though it is anticipated that the funds will be expended much sooner. The EPA grant funds for FY 2009 will become available upon completion of the application process and final award by EPA. ENVIRONMENTAL IMPACT Based upon the environmental analysis conducted in accordance with CEQA and NEPA, there are no significant impacts associated with the well projects. FISCAL IMPACT Sufficient funds are in the Water Facilities Replacement Fund for the required grant matching funds to complete the water well projects. RECOMMENDATION Authorize the City Manager to execute and sign on behalf of the City of Arcadia a Grant Application for Receipt of FY 2009 Federal Funds Requiring City Matching Funds for Water System Improvements Approved by: PM:MA:jb Donald Penman, City Manager Page 2 of 2 - I �,� !Wl K'tea . STAFF REPORT Office of the City Clerk Date: July 7, 2009 TO: Honorable Mayor and City Council FROM: James Barrows, City Clerk .9p By: Lisa Mussenden, Chief Deputy City Clerk/Records Manager SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH BEACON MEDIA, INC. FOR LEGAL ADVERTISING SERVICES FOR FISCAL YEAR 2009 -10 Recommended Action: Approve SUMMARY At the beginning of each fiscal year, the City is required to solicit bids and contract with a newspaper of general circulation in the City for the publication of all legal notices and other matter required to be published. DISCUSSION Pursuant to City Charter Section 420, prior to the beginning of each fiscal year, the City shall solicit bids and contract with a newspaper of general circulation for the publication of all legal notices and other materials. The City advertised and received only one (1) proposal from Beacon Media, Inc., who has been the City's newspaper of general circulation for the past five (5) years. The proposal was reviewed by the Purchasing Officer and was found to be satisfactory. Mayor and City Council July 7, 2009 Page 2 FISCAL IMPACT Approximately $8,000 has been budgeted in the City Clerk's operating budget for Fiscal Year 2009 -2010 for these services. Special and capital improvement projects are paid directly from that project fund. RECOMMENDATION That the City Council authorize the City Manager to execute a contract with Beacon Media, Inc. for Legal Advertising Services for Fiscal Year 2009 -10. Approved: Donald Penman City Manager LM STAFF REPORT Fire Department DATE: July 7, 2009 TO: Mayor and City Council FROM: Tony L. Trabbie, Fire Chief /1 -(1' By: Dave Haney, Deputy Fire Chie SUBJECT: PURCHASE SELF - CONTAINED BREATHING APPARATUS AND RELATED RESPIRATORY PROTECTION EQUIPMENT FROM L.N. CURTIS & SONS IN AN AMOUNT NOT TO EXCEED $174,499.00 Recommended Action: Approve SUMMARY Authorize the Fire Department to purchase self- contained breathing apparatus and related respiratory protection equipment utilizing Los Angeles County's Contract #MA- IS- 43903. The City will be reimbursed the amount of $174,499.00 for this purchase through the 2008 State Homeland Security Grant Program ( SHSGP). BACKGROUND The Los Angeles Area Fire Chiefs Association (LAAFCA) has established a goal of creating an area -wide standard for self - contained breathing apparatus to ensure firefighter safety. The organization has acquired grant funding through the SHSGP to ensure that all firefighter positions in the area are issued a standardized breathing apparatus. In June 2009, Council approved $279,467.00, to purchase self- contained breathing apparatus and related respiratory protection equipment utilizing Los Angeles County's Contract #MA -IS- 43634 -1, of which approximately $129,467.00 will be reimbursed to the City. This purchase was the first phase of a two year project, which will be completed in Fiscal Year 2009110. In Fiscal Year 2009/10, the Department has secured additional SHSGP funding in the amount of $174,499.00 to assist in completing the SCBA replacement project. DISCUSSION In 2005, Los Angeles County area fire departments established the Southern California Area Personal Protective Equipment Consortium to research and develop specifications for standardized breathing apparatus throughout Los Angeles County. The Southern Mayor and City Council May 19, 2009 Page 2 of 2 California Area Personal Protective Equipment Consortium solicited competitive bids with the County of Los Angeles being the lead agency. L.N. Curtis & Sons was the lowest responsive, responsible bidder. In accordance with the terms of the grant, the Arcadia Fire Department has been approved to purchase $174,499.00 worth of self - contained breathing apparatus and related respiratory protection equipment at no cost to the city based on the number of personnel at the Arcadia Fire Department. The replacement of SCBA's falls within the Departments SCBA Replacement Plan, which is ten (10) years and at the time this project is complete all of the Departments SCBA's will be eleven (11) years old. A ten (10) year replacement program is utilized to ensure that all SCBA's used by the department is within minimum safety standards set by the National Fire Protection Association (NFPA) Pamphlet 1981. The NFPA provides nationally recognized standards in the manufacturing and maintenance of all fire fighting equipment. FISCAL IMPACT The total cost to purchase self- contained breathing apparatus and related respiratory protection equipment is $174,499.00. The City will make the initial purchase utilizing funds appropriated in the FY 2009/10 Homeland Security Fund. However, once the purchase has been completed, the City will be reimbursed for the expenditure through the State Homeland Security Grant Program for an amount not to exceed $174,499.00. RECOMMENDATION It is recommended that the City Council authorize the Staff to purchase self - contained breathing apparatus and related respiratory protection equipment from L.N. Curtis & Sons in an amount not to exceed $174,499.00. Approved: Donald Penman, City Manager TLT:dh STAFF REPORT Development Services Department DATE: July 7, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director��� Philip A. Wray, Deputy Director of Development Services Prepared by. Ramiro Gonzalez, Assistant Engineer SUBJECT: ACCEPTANCE — TRAFFIC SIGNAL POLE MAST ARM & EQUIPMENT IMPROVEMENT Recommendation: Accept all work performed by Steiny & Co., Inc. for the Traffic Signal Pole Mast Arm and Equipment Improvement Project as complete and authorize the final payment to be made in accordance with contract documents SUMMARY On September 16, 2008, the City Council awarded a contract to Steiny & Co., Inc. in the amount of $60,370 for the Traffic Signal Pole Mast Arm and Equipment Improvement Project. There was one (1) change order in the amount of $3,318.81 which increased the contract amount to $63,688.81. The terms and conditions of this project have been completed and the required work has been performed to staffs satisfaction for a final cost of $63,688.81. Staff is recommending that the City Council accept the project as complete and authorize the final payment in accordance with the approved contract documents. BACKGROUND This project is part of an ongoing program to upgrade and improve City traffic signals to improve traffic safety, reduce maintenance costs and improve aesthetics. In the 2002 -2003 fiscal year, staff undertook an inventory of all traffic signals to identify poles, mast arms, and other equipment needing replacement. Several intersections were found to be equipped with old and outdated equipment that have reached their useful life. Staff developed a list of locations for a replacement program. Staff Report Acceptance — Traffic Signal Pole Mast Arm and Equipment Improvement Project July 7, 2009 Page 2 The intersection traffic signal at First and Wheeler Avenues was in need of a new traffic signal controller. The existing controller had reached the end of a useful life span, was no longer being manufactured and was considered obsolete. Pedestrian pushbuttons were upgraded to ADA compliant, new mast arm street name signs were installed, and an interconnecting cable was laid to a junction point on Huntington Drive. The interconnecting cable will facilitate the coordination of all traffic signals within the City. The intersection of the Santa Anita Avenue and Campus Drive was in need of an improved vehicle detection system. Due to its close proximity to the traffic signal at Santa Anita Avenue and Duarte Road, a video detection system was installed to enhance the operation of the traffic signal and the coordination of traffic between these two signal systems. DISCUSSION The majority of traffic signals within the City have been upgraded to Type 170 controllers. Of the three remaining NEMA controllers, the controller at First and Wheeler Avenues was deemed obsolete and incompatible with the surrounding traffic signals. Because of its' location within the Central Business District an upgrade was considered essential to facilitate the coordination of traffic within the area. The installation of a video detection system at the intersection of Santa Anita Avenue and Campus Drive will greatly enhance traffic management at this critical intersection. Close proximity to the intersection of Santa Anita Avenue and Duarte Road, the high school, the fire station, and the Race Track makes this intersection a focal point for competing traffic demands. The video detection system will ensure that the traffic flow through this intersection operates consistently and efficiently. One change order in the amount of $3,318.81 (5.4% of the contract bid) was needed to complete the installation. Unforeseen conditions within a conduit at Santa Anita Avenue and Campus Drive forced the need to rewire a portion of the intersection. ENVIRONMENTAL IMPACT The project is categorically exempt per Section 15301 class 1(d) from the requirements of California Environmental Quality Act (CEQA). FISCAL IMPACT A total of $100,000 was budgeted in the 2007 -2008 Capital Improvement Program for these projects. Redevelopment funds in the amount of $50,000 were budgeted for the improvements at First and Wheeler Avenues and $50,000 from Capital Improvement Funds provided for the improvements at Santa Anita Avenue and Campus Drive. Staff Report Acceptance — Traffic Signal Pole Mast Arm and Equipment Improvement Project July 7, 2009 Page 3 RECOMMENDATION That the City Council accept all work performed by Steiny & Co., Inc. for the Traffic Signal Pole Mast Arm and Equipment Improvement Project as complete and authorize the final payment to be made in accordance with the contract documents. Approved by: Donald Penman City Manager JK:PAW:RSG:pa DATE: July 7, 2009 STAFF REPORT Development Services Department TO: Mayor and City Council Chairman and Members, Arcadia Redevelopment Agency FROM: Jason Kruckeberg, Development Services Director -3 LK - Hue Quach, Administrative Services Director � .,, Prepared by. Jerry Schwartz, Economic Development Inager SQ5 SUBJECT: Authorize the transfer of $2,511,961 from Arcadia Redevelopment Agency reserves to the General Fund to repay the principal and interest on a promissory note made to purchase 630 East Live Oak Avenue Recommendation: Approve Citv Council action to accept th repayment of $2,511,961 from the Arcadia Redevelopment Agency and authorize an equal split of the proceeds between the Emerg Reserve Fund and Equipment Replacement Fund Recommendation: Approve BACKGROUND As part of the purchase of 21 Morlan Place for the expansion of Rusnak/Arcadia Mercedes Benz, the Agency purchased a site at 630 East Live Oak Avenue from the City. This site was included as part of the overall transaction with the tenant of 21 Morlan Place, the Church in Arcadia, as a location for its new building. The City took a promissory note from the Agency to complete this land acquisition. The City loan was approved on January 16, 2008 in the amount of $2,247,000 with an interest rate of 8 %. As part of the budget discussion at the June 16 Council meeting, the Council directed that this item be placed on the July 7 agenda. DISCUSSION The total amount that the Agency will pay to the City is $2,511,961 consisting of the principal amount of $2,247,000 and interest of $264,961, which is based on 8% interest from January 16, 2008 thru July 7, 2009 as permitted by law. The payment will be made from Agency reserves. The distribution of the funds by the City is proposed to be 50% ($1,255,980.50) to the Emergency Reserve Fund and 50% to the Equipment Replacement Fund. If approved, this transaction would be accomplished through a transfer of funds by the Administrative Services Department. Mayor and City Council Chairman and Agency Members July 7, 2009 Page 2 FISCAL IMPACT The use of this repayment for the Emergency Reserve and Equipment Replacement Funds would bolster these important funds at a difficult economic time. The Agency has adequate reserves to make this payment. RECOMMENDATION Approve a budget allocation of $2,511,961 from Redevelopment Agency reserves for the repayment of principal and interest on a $2,247,000 loan to the General Fund and approve the split of those proceeds evenly between the Emergency Reserve and Equipment Replacement Funds. Approved: -�L &l0 Donald Penman, City Manager /Executive Director