HomeMy WebLinkAboutSeptember 5, 2006NOTICE OF SPECIAL MEETING
City of
Arcadia
Office of the
City Council
As authorized by California Government Code Section 54956, a
Special Meeting of the Arcadia City Council is hereby called to be held at
the City of Arcadia Council Chambers Conference Room, 240 W.
Huntington Drive, Arcadia, California at 5:00 p.m. on September 5, 2006.
At this Special Meeting, the following matter will be discussed,
considered and acted upon:
Pursuant to Government Code Section 54956.9(c) to confer
Roger Chandler
Mayor
Mickey Segal
Mayor Pro tempore
Peter M. Amundson
Council Member
Robert C. Harbicht
Council Member
John Wuo
Council Member
with legal counsel regarding potential litigation — one (1) case.
2. Pursuant to Government Code Section 54956.9(a) to confer
with legal counsel regarding the case of Elizabeth Jebbia, et al. v. Couny
McCormack, et al.; Los Angeles County Superior Court (Case Number
Not Assigned Yet).
Prior to going into closed session, there will be time reserved for
those in the audience who wish to address the City Council regarding the
above item.
No further business other than the above will be considered at this
240 West Huntington Drive
Post Office Box 60021
Arcadia, CA 91066 -6021
(626) 574 -5403
(626) 446 -5729 Fax
meeting.
Dated: August 3 0 , 2006
— e�4� �A"
Mayo f the City of 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 with enable the City to make reasonable arrangements to
assure accessibility to the meeting.
F
1FO y CITY OF ARCADIA F
CITY COUNCIL /REDEVELOPMENT AGENCY a IF Will
REGULAR MEETING
°° u m n . °tom ° � • -
TUESDAY, SEPTEMBER 5, 2006
AGENDA
6:00 p.m.
Location: City Council Chamber Conference Room, 240 W. Huntington Drive
CALL TO ORDER
ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS:
Roger Chandler, MayorlAgency Chair
Mickey Segal, Mayor Pro Tem /Agency Vice Chair
Peter Amundson, Council /Agency Member
Bob Harbicht, Council /Agency Member
John Wuo, Council /Agency,Member
STUDY SESSION 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 Closed Session /Study 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. City Council Emergency Operations.
7:00 p.m., City Council Chamber
RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING TO OPEN SESSION
INVOCATION
Reverend John Payton, Point Loma Nazarene University
PLEDGE OF ALLEGIANCE
ROLL CALL OF CITY COUNCILIREDEVELOPMENT AGENCY MEMBERS:
Chandler, Segal, Amundson, Harbicht, and Wuo
REPORT FROM, CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION /STUDY
SESSION ITEMS
SUPPLEMENTAL INFORMATION FROM CITY MANAGERIEXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE
THE READING IN FULL
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 berk/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 ELECTED OFFICIALS
1. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and all will be
enacted 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. REGULAR MEETING MINUTES, AUGUST 15. 2006.
Recommended Action: Approve
CITY COUNCIL ITEMS:
b. REGULAR MEETING MINUTES, AUGUST 15. 2006.
Recommended Action: Approve
C.
PARK RULES.
Recommended Action: Introduce
d. ACCEPT ALL WORK PERFORMED BY SEMA CONSTRUCTION FOR THE
$262.777.78,
Recommended Action: Approve
e.
a
TRIMMING MAINTENANCE SERVICES.
Recommended Action: Approve
h.
Recommended Action:
2. CITY MANAGER
a. ORDINANCE NO. 2217 AMENDING THE ARCADIA MUNICIPAL CODE BY
ADDING A CHAPTER 10 TO ARTICLE III PERTAINING TO FLOODPLAIN
MANAGEMENT.
Recommended Action: Introduce
b. AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH MUNIFINANCIAL FOR THE ESTABLISHMENT
Recommended Action: Approve
C.
CENTRAL BUSINESS DISTRICT ZONE.
Recommended Action: Discussion and Direction
ADJOURNMENT
The next Regular Meeting of the City Council /Redevelopment Agency will be September 19,
2006 at 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 ACCOMODATION IN ORDER
TO PARTICIPATE IN A MEETING, INCLUDING AUXILIARY AIDS OR SERVICES, MAY
Recommended Action: Approve
Recommended Action: Approve
Recommended Action: Approve
REQUEST SUCH MODIFICATION OR ACCOMODATION 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.
CITY COUNCILIREDEVELOPMENT AGENCY MEETING
ANNOTATED AGENDA
SEPTEMBER 5, 2006
STUDY SESSION
a. City Council Emergency Operations.
CONSENT CALENDAR
REDEVELOPMENT AGENCY ITEMS:
a. REGULAR MEETING MINUTES, AUGUST 15, 2006.
CITY COUNCIL ITEMS:
b. REGULAR MEETING MINUTES, AUGUST 15, 2006.
C. ORDINANCE NO. 2218 AMENDING THE ARCADIA MUNICIPAL CODE ADDING
'A NEW PART 3 TO CHAPTER 4, ARTICLE IV RELATING TO DOG PARK
. RULES.
POSTPONED TO A
FUTURE MEETING
APPROVED 5 -0
APPROVED 5 -0
APPROVED 5 -0
d. ACCEPT ALL WORK PERFORMED BY SEMA CONSTRUCTION FOR THE APPROVED 5 -0
CONSTRUCTION OF SANTA ANITA RESERVOIR NO. 4 AS COMPLETE AND
AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH
THE CONTRACT DOCUMENTS, SUBJECT TO A RETENTION OF $262,777.78.
e. ACCEPT ALL WORK PERFORMED BY' PAVEMENT COATINGS COMPANY APPROVED 5 -0
FOR THE 2005 -2006 ANNUAL SLURRY SEAL PROJECT AS COMPLETE AND
AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH
THE CONTRACT DOCUMENTS, SUBJECT TO A RETENTION OF $40,467.26.
f. AWARD A ONE (1) YEAR CONTRACT EXTENSION TO BA P PAINTING FOR APPROVED 5 -0
THE PAINTING AND WOOD REFINISHING SERVICES AT VARIOUS CITY
FACILITIES IN THE AMOUNT OF $43,500.
g. APPROVE A ONE (1) YEAR CONTRACT EXTENSION IN THE AMOUNT OF APPROVED 5-0
$281,536 TO CALIFORNIA LANDSCAPE SERVICE INC. (CLS) FOR TREE
TRIMMING MAINTENANCE SERVICES.'
h. ACCEPT $7,435 GRANT FROM THE CALIFORNIA STATE LIBRARY FOR APPROVED 5 -0
HOMEWORK HELP ONLINE.
I. ACCEPT ALL WORK PERFORMED BY INSITUFORM TECHNOLOGIES, INC.
FOR THE THIRD AVENUE SEWER PIPE LINER AND COLORADO WELL APPROVED 5 -0
DISCHARGE PIPE LINER PROJECT AS COMPLETE AND AUTHORIZE THE
FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT
DOCUMENTS, SUBJECT TO A RETENTION OF $8,491.
2. CITY MANAGER
a. ORDINANCE NO. 2217 AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING APPROVED 5 -0
A CHAPTER 10 TO ARTICLE III PERTAINING TO FLOODPLAIN MANAGEMENT.
b. AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL APPROVED PSA
SERVICES AGREEMENT WITH MUNIFINANCIAL FOR THE ESTABLISHMENT OF 5 -0
A CITYWIDE STREET LIGHTING ASSESSMENT DISTRICT AND APPROPRIATE Schedule a study
$55,000 FROM THE GENERAL FUND. session to discuss
alternatives
c. AN INITIATIVE MEASURE TO AMEND THE GENERAL PLAN AND ZONING CODE APPROVED 5 -0
RELATING TO PERMITTED AND PROHIBITED USES .WITHIN THE CENTRAL To defer approval of
BUSINESS DISTRICT ZONE. the certification of
sufficiency and to
direct staff to
prepare a report
EF 11:
CITY COUNCIL /REDEVELOPMENT AGENCY
SPECIAL MEETING MINUTES
TUESDAY, SEPTEMBER 5, 2006
As authorized by California Government Code Section 54956, The City Council and
Redevelopment Agency of the City of Arcadia met at 5:00 p.m. in a Special Meeting at the
Arcadia City Council Chamber Conference Room.
CALL TO ORDER
The Mayor called the meeting to order at 5:00 p.m.
ROLL CALL OF THE CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Chandler, Segal, Amundson, Harbicht, and Wuo
ABSENT: None.
CLOSED SESSION
1. Pursuant to Government Code Section 54956.9(c) to confer with legal counsel
regarding potential litigation — one (1) case.
2. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel
regarding the case of Elizabeth Jebbia et al. v. Conny McCormack, et al; Los
Angeles County Superior Court (Case Number Not Assigned Yet).
RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO STUDY SESSION
AT 6:00 P.M.
The Mayor convened the Adjourned Regular Meeting to order at 6:00 p.m.
ROLL CALL OF THE CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Chandler, Segal, Amundson, Harbicht, and Wuo
ABSENT: None.
STUDY SESSION PUBLIC COMMENTS (5 minutes per person)
Leona Warden, President, Santa Anita Oaks Homeowners Association, requested that the City
Council proceed with the improvements on their Homeowners Association area while reviewing
the citywide lighting assessment issues.
STUDY SESSION
a. City Council Emergency Operations.
Postponed to a future meeting.
RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO CLOSED
SESSION AT 6:10 P.M.
THE SPECIAL MEETING ADJOURNED AT 6:50 P.M.
1 09 -05 -2006
CITY COUNCIL /REDEVELOPMENT AGENCY
REGULAR MEETING MINUTES
TUESDAY, SEPTEMBER 5, 2006
The Mayor convened the Open Session meeting at 7:00 p.m.
INVOCATION
Reverend John Payton, Point Loma Nazarene University
PLEDGE OF ALLEGIANCE
Pat Malloy, Public Works Services Director
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Chandler, Segal, Amundson, Harbicht, and Wuc
ABSENT: None.
REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION /STUDY
SESSION ITEMS
Stephen Deitsch, City Attorney, noted that the Council convened a properly noticed Special
Meeting at 5:00 p.m. to discuss two Closed Session items. No reportable action was taken.
He also made the following statement;
"The Redevelopment Agency Board and the Church of Arcadia have tentatively reached
agreement on deal points to be included in a purchase and sale agreement, pursuant to
which the Arcadia Redevelopment Agency would acquire the real property on which the
Church of Arcadia is currently located on Morlan Place. Agency Counsel has been
instructed to prepare a proposed purchase and sale agreement for approval by the
Agency ".
SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
None.
MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND - WAIVE
THE READING IN FULL
A motion was made by Council /Agency Member Amundson, seconded by Council /Agency
Member Harbicht, and carried on roll call vote to read all ordinances and resolutions by title only
and waive the reading in full.
PUBLIC COMMENTS
None.
2 09 -05 -2006
48:0085
REPORTS FROM ELECTED OFFICIALS
Council Member Harbicht remarked on the agreement between the Arcadia Redevelopment
Agency and the Church of Arcadia and the expansion of Rusnak Mercedes Benz dealership; he
noted that the Arcadia Redevelopment Agency did not use eminent domain in acquisition of two
properties and does not intend to use eminent domain for Rod's Grill either; he further
suggested that the City Council schedule a study session in order to discuss what kind of
development they would like to see happen in Santa Anita Race Track if Magna Entertainment
decided to sell the property and stop any racing operations. The full City Council concurred with
the suggestion and asked the City Manager to schedule the matter for a future Study Session.
Council Member Wuo noted that the new academic year will start tomorrow and he encouraged
drivers to be extra careful around school sites; he encouraged residents to work together and try
to come up with the best decisions for the community.
Council Member Amundson would like to create a framework for the community to address the
street lighting issues; he noted his support of the "initiative" process, however, he felt that the
process with regard to current initiatives by Westfield has been "hijacked" by a corporation who
did everything they could to start controversy within the city; he further complimented the
Development Services staff for a job well done on the graffiti removal program.
Council Member Segal announced two upcoming community events: the Methodist Hospital
Crystal Ball honoring Ruth and Charles Gilb on October 7th and the Fifth Anniversary
celebration of Ruth and Charles Gilb Historical Museum on October 22, 2006.
Mayor Chandler encouraged residents to contact Arcadia Police Department business line when
observing any suspicious activities in the community and also code violations in their
neighborhood.
1. CONSENT CALENDAR
REDEVELOPMENT AGENCY ITEMS:
a. REGULAR MEETING MINUTES, AUGUST 15. 2006.
Recommended Action: Approve
CITY COUNCIL ITEMS:
b. REGULAR MEETING MINUTES, AUGUST 15. 2006.
Recommended Action: Approve
C. ORDINANCE NO. 2218 AMENDING THE ARCADIA MUNICIPAL CODE
ADDING A NEW PART 3 TO CHAPTER 4. ARTICLE IV RELATING TO DOG
PARK RULES.
Recommended Action: Introduce
09 -05 -2006
THE CONTRACT DOCUMENTS, SUBJECT TO A RETENTION OF
$262.777.78.
Recommended Action: Approve
• Ilii
e. ACCEPT ALL WORK PERFORMED BY PAVEMENT COATINGS COMPANY
FOR THE 2005 -2006 ANNUAL SLURRY SEAL PROJECT AS COMPLETE AND
Recommended Action: Approve
AWARD A ONE (1) YEAR CONTRACT EXTENSION TO B & P PAINTING FOR
Recommended Action: Approve
APPROVE A ONE (1) YEAR CONTRACT EXTENSION IN THE AMOUNT OF
$281,536 TO CALIFORNIA LANDSCAPE SERVICE INC. (CLS) FOR TREE
TRIMMING MAINTENANCE SERVICES.
Recommended Action: Approve
ACCEPT $7,435 GRANT FROM THE CALIFORNIA STATE LIBRARY FOR
HOMEWORK HELP ONLINE.
Recommended Action: Approve
ACCEPT ALL WORK PERFORMED BY INSITUFORM TECHNOLOGIES, INC.
A motion was made by Council /Agency Member Segal, seconded by Council /Agency Member
Harbicht and carried on roll call vote to approve the Consent Calendar items 1 a. through 1. i.
AYES: Segal, Harbicht, Amundson, Wuo, and Chandler
NOES : None
2. CITY MANAGER
a. ORDINANCE NO. 2217 AMENDING THE ARCADIA MUNICIPAL CODE BY
ADDING A CHAPTER 10 TO ARTICLE III PERTAINING TO FLOODPLAIN
MANAGEMENT.
Recommended Action: Introduce
The staff report was presented by Don Penman, Assistant City Manager /Development Services
Director, and Philip Wray, City Engineer. Staff noted that adoption of an Ordinance is required
in order to establish floodplain management regulations in conformance with the National Flood
Insurance Act of 1968.
A motion was made by Council /Agency Member Harbicht, seconded by Council /Agency
Member Segal and carried on roll call vote to introduce Ordinance No. 2217.
AYES: Harbicht, Segal, Amundson, Wuo, and Chandler
NOES : None
4 09 -05 -2006
DOCUMENTS, SUBJECT TO A RETENTION OF $8,491.
Recommended Action: Approve
48:0087
b. AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH MUNIFINANCIAL FOR THE ESTABLISHMENT
OF A CITYWIDE STREET LIGHTING ASSESSMENT DISTRICT AND
APPROPRIATE $55,000 FROM THE GENERAL FUND.
Recommended Action: Approve
The staff report was presented by Pat Malloy, Public Works Services Director. Staff noted that
on August 15, 2006, the Council directed staff to proceed with further analysis of a citywide
street lighting assessment district via the Landscaping Lighting Act of 1972; the first step in this
analysis is to enter into an agreement with an experienced assessment- engineering services
firm; proposals were reviewed and MuniFinancial submitted the successful proposal; staff is
requesting an appropriation of $55,000 from the general fund to enter into a Professional
Services Agreement with MuniFinancial; upon a successful establishment of a citywide street
lighting assessment district, the LLD 1972 would allow the City to include this project cost a part
of the special benefit assessment and would be collected from the property owners' annual
property tax bill.
Following discussion the City Council directed staff to schedule a study session in order to
discuss the alternatives regarding the street lighting assessment project.
A motion was made by Council /Agency Member Harbicht, seconded by Council /Agency
Member Wuo, and carried on roll call vote to award a Professional Services Agreement with
MuniFinancial in the amount of $55,000 for assessment - engineering services for the
establishment of a citywide street lighting assessment district; to appropriate $55,000 from the
General Fund to the project, budget; and authorize the City Manager and City Clerk to execute a
contract in a form approved by the City Attorney.
AYES: Harbicht, Wuo, Amundson, Segal, and Chandler
NOES: None
C.
CENTRAL BUSINESS DISTRICT ZONE.
Recommended Action: Discussion and Direction
The staff report was presented by Stephen Deitsch, City Attorney. Staff noted that the initiative
petition qualified for a special election with signatures from 15% of the registered voters in
Arcadia; staff noted that due to pending litigation, the petition may be in non - compliance with
state and federal elections codes, as well as the Federal Voting Rights Act; the Council may opt
to pursue legal advice in regards to the petition or conversely, to approve the certification of
sufficiency of the petition; staff recommends that the Council, also order an impact report.
A motion was made by Council /Agency Member Segal, seconded by Council /Agency Member
Harbicht and carried on roll call vote to defer approval of the certification of sufficiency in order
to request advice pursuant to this matter related to compliance with state and federal elections
codes and the Federal Voting Rights Act and direct staff to prepare a report, pursuant to
Elections Code Section 9212.
AYES: Segal, Harbicht, Amundson, Wuo, and Chandler
NOES : None
09 -05 -2006
ADJOURNMENT
The City Council /Redevelopment Agency adjourned this meeting at 8:30 p.m. to September 19,
2006, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington
Drive, Arcadia.
James H. Barrows, City Clerk
J /
0
Vida Tolman
Chief Deputy City Clerk
09 -05 -2006
0
4. 1 C.,
pF Axc
A �•.i ]��IfY]
`h STAFF REPORT
n ���nni tY of \and
Recreation and Community Services Department
September 5, 2006
TO: Mayor and City Council
FROM: & Roberta M. White, Director of Recreation & Community Services
SUBJECT: Ordinance No. 2218 Amending the Arcadia Municipal Code by
adding a new section Relating to Dog Park Rules.
Recommended Action: Introduce
SUMMARY
At it's August 9, 2006 meeting the Recreation and Parks Commission voted to
forward the rules for the Arcadia Dog Park to the City Council and recommended
that the rules be incorporated into the Arcadia Municipal Code so they could be
enforced by allowing violations to be considered infractions, which can be
punishable according to the provisions of the code and state law.
BACKGROUND
After City Council approval, the Arcadia Dog Park was constructed in the
southeast area of Eisenhower Park, during the 2003 -04 fiscal year. Initial rules
were established for the off -leash Dog Park and they were posted at the park.
The fenced half -acre Dog Park was dedicated on July 17, 2004. Shortly after the
dedication it was apparent that small and large dogs needed separate areas to
enjoy the freedoms of the off -leash Dog Park. To solve the problem on a
temporary basis, City Council voted to have alternate days for small and large
dogs. In addition, during the next budget year the City Council voted to add a
one - quarter -acre park for small dogs adjacent to the existing Dog Park and that
area was dedicated on July 15, 2006. Small dogs (under 25 pounds) now have
their own area to roam in and the larger dogs now use the original park, allowing
all dogs to use the Dog Park seven days a week.
DISCUSSION
Both off -leash areas of the Arcadia Dog Park feature mature trees and grass,
water faucets, sanitation facilities and seating areas for dog owners. We held off
formally adopting the Dog Park Rules until the small dog park was completed, so
that the rules could be applied to both areas every day.
The Recreation and Parks Commission and the Arcadia City Attorney have
reviewed the Dog Park Rules being proposed in attached Ordinance #2218 and
they are being presented to City Council for approval. If the Ordinance were
adopted, the Arcadia Municipal Code would be amended by adding a new Part 3
to Chapter 4, Article IV relating to Dog Park Rules.
Although the Dog Park is self policed and owners are responsible for cleaning up
after their own dogs, occasionally a dispute arises that needs to be resolved by
the authorities. Having the Dog Park Rules in the Arcadia Municipal Code will
allow violations to be considered infractions, which can be punishable according
to the provisions of the code and state law.
FISCAL IMPACT
Adopting the Dog Park Rules would require that the rules signs be redone,
including listing the AMC number. It is estimated that the cost of the four Dog
Park signs will not exceed $600. Sufficient funds are available in the City sign
account to purchase and install the new signs.
RECOMMENDATION
Introduce and then adopt Ordinance No. 2218 Amending the Arcadia Municipal
Code by adding a new section Relating to Dog Park Rules.
Approved: P i
William R. Kelly, City Manager
ORDINANCE NO. 2218
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA AMENDING TEE
ARCADIA MUNICIPAL CODE BY ADDING A NEW
PART 3 TO CHAPTER 4, ARTICLE IV RELATING TO
DOG PARK RULES
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. The Arcadia Municipal Code is hereby amended by adding a
new Part 3 to Chapter 4, Article IV to read as follows:
"PART 3
DOG PARK RULES
4425. REGULATIONS. The following regulations and provisions shall apply
within the Dog Park, and all persons who bring dogs to the Dog Park shall comply
with the following regulations and provisions.
a. No person shall enter at times other than those established as the hours of
operation. The hours of operation shall be 7:00 a.m. to dark, unless the
City Manager determines, for good cause and upon finding that there will
be minim inconvenience to persons and minimal interference with the
quiet enjoyment of nearby property, that the hours of operation shall be
increased on a particular day or a period of days on a limited basis.
b. Small dogs (25 pounds or less) shall remain in designated area.
C. Large dogs (26 pounds or more) shall remain in designated area.
d. Owners must be in attendance at Off -Leash Area while their dogs are
present.
e. Owners are required to have a visible leash at all times.
f. Owners are personally liable for any damage and/or injury caused by
their dogs.
g. No aggressive dog behavior is allowed at any time (i.e. jumping up on
people or approaching other dogs in a menacing manner).
h. All dogs must be older than 4 months and be vaccinated for rabies
prior to entering an Off -Leash Area.
i. No female dogs in heat are allowed in the Off -Leash Area.
j. Owners are required to immediately pick up and dispose of their dog's
waste.
k. Dogs must be maintained on a leash while entering and exiting a
designated Off -Leash Area.
1. Professional dog trainers/handlers are not permitted to use the facility
for instruction.
M. All dogs must wear a collar with current tags.
n. Spiked dog collars are prohibited.
o. No food of any kind is allowed in the Off-Leash Area.
p. Children 12 years old or younger must be supervised by an adult.
Parents and/or guardians of children shall not permit children to run,
shout, scream or wave their arms or otherwise excite or antagonize
dogs.
q. No animals other than dogs are permitted in the Off -Leash Area.
r. Owners must obey all other Park Rules.
2
lC
t ..
S. Persons and animals use the Dog Park at their own risk.
4426. PENALTIES. Failure to comply with any provisions of this part
shall result in the immediate removal of the violator from the Dog Park. A violation of
any section of this part is deemed to be an infraction and is punishable as such
according to the provisions of this code and state law."
SECTION 2. The City Clerk shall certify to the adoption of this Ordinance
and shall cause a copy of the same to be published in the official newspaper of said
City within fifteen (15) days after its adoption.
Passed, approved and adopted this day of 1 2006.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
3
at
t " V STAFF REPORT
Public Works Services Department
DATE: September 5, 2006
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Director 1
Prepared by: Lubomir Tomaier, Principal Civil En ineer
Ken Herman; Associate Civil Engineer
SUBJECT: Acceptance - Construction of the Santa Anita Reservoir No. 4
Recommendation: Accept all work performed by SEMA Construction
as complete and authorize the final payment to be made in
accordance with the contract documents, subject to retention of
$262,777.78
SUMMARY
On January 5, 2005, the City Council awarded a contract to SEMA Construction in the
amount of $5,255,555.55 for the construction of the Santa Anita Reservoir No.4. The
terms and conditions of this project have been complied with and the work has been
performed to staff's satisfaction for a total project cost of $5,284,070.56. This amount
reflects the original contract amount of $5,255,555.55 plus five (5) contract change
orders for additional work, totaling $28,515.86 or 0.54% of the original contract price.
Staff recommends that the City Council accept all work performed by SEMA
Construction as complete and authorize the final payment to be made in accordance
with the contract documents, subject to retention of $262,777.78.
BACKGROUND
The 2003 -04 Capital Improvement Program provided for the construction of a new 3.5
million gallon reservoir to replace two (2) one million gallon reservoirs at the Santa Anita
Reservoir Facility. This project was identified as one of several projects to receive grant
funding from the U.S. Environmental Protection Agency (USEPA) for water system
improvements for seismic reliability projects as a part of a fiscal year 2000 -2002 grant
program and has received $2,242,673.58 in federal funds as reimbursement of project
expenses.
Page - 1 of 3
Mayor and City Council
September 5, 2006
The replacement of Reservoirs No. 1 and 2 with Reservoir No. 4 is the third phase of an
overall program of facility improvements at this site. Phase. 1 was completed in 2001
and involved upgrading the Santa Anita Booster Pump Station. Phase 2 was completed
in 2002 and involved the seismic rehabilitation of Santa Anita Reservoir No. 3.
DISCUSSION
The final construction cost of the Santa Anita Reservoir No.4 is $5,284,070.56. This
amount reflects the original contract amount of $5,255,555.55 plus five (5) contract
change orders for additional work, totaling $28,515.86 or 0.54% of the original contract
price. A summary of the items included in the change orders is as follows:
Change Order Description of Extra Work Cost ($)
1 Install additional leak detection drain
4,408.18
2 Modify property line block wall alignment and landscaping
28,864.54
3 Delete electrical encasement reinforcing
(5,426.40)
4 Reimbursement for Inspection overtime
(4,462.50)
5 Transition couplings on existing 20" valves
5,131.74
Total Cost
$ 28,515.86
The terms and conditions of this contract have been complied with and the work has
been performed to staff's satisfaction. Staff recommends that the City Council accept all
work performed by SEMA Construction as complete and authorize the final payment to
be made in accordance with the contract documents, subject to retention of
$262,777.78.
ENVIRONMENTAL IMPACT
The City Council adopted a Negative Declaration for this project on November 21, 2000,
pursuant to the provisions of the California' Environmental Quality Act. Staff did not find
substantial evidence that this project would have a significant or potentially significant
adverse effect on the environment. As a condition of the federal grant approval, the
USEPA _ also completed an Environmental Assessment under the National
Environmental Policy Act and did not find this project to have a significant environmental
impact. Therefore, no further action is necessary for final acceptance of the project.
FISCAL IMPACT
Funds in the amount of $5,750,000 were originally budgeted in the 2003 -2004 Capital
Improvement Program for construction, project management and inspection. When the
project was awarded for construction in 2005, an additional $250,000 was appropriated
to the project budget to support the construction portion of work and bring the project
budget for construction to $6,000,000. This project has qualified for federal
reimbursement and the City received $2,242,673.58 for project related expenses from
the United States Environmental Protection Agency ( USEPA), with the balance funded
by the City.
Page 2 of 3
Mayor and City Council
September 5, 2006
RECOMMENDATION
1. Accept all work performed by SEMA Construction for the construction of
the Santa Anita Reservoir No.4 project as complete.
2. Authorize final payment to be made in accordance with the contract
documents, subject to retention of $262,777.78.
Approved by: ` ar %(
William R. Kelly, City Manager
PM:LT:KH:dw
Page 3 of 3
\.e-,
G p ylPOR,l., 9
°Y °` STAFF REPORT
Public Works Services Department
DATE: September 5, 2006
TO: Mayor and City Council
FROM: . Pat Malloy, Public Works Services Direc r
Prepared by: Lubomir Tomaier, Principal Civil Engine r
Mark Rynkiewicz, Associate Civil Engineer
SUBJECT: 2005 /2006 Annual Slurry Seal Proiect
Recommendation: Accept all work performed by Pavement Coatings
Company for the 2005 -2006 Annual Slurry Seal Project as complete
and authorize the final payment to be made in accordance with the
contract documents, subject to a retention of $40,467.26`
SUMMARY
On June 1, 2004, the City Council awarded a contract to Pavement Coatings Company
in the amount of $378,683.00 for the construction of the 2005 -2006 Annual Slurry Seal
Project. The terms and conditions of this project have been complied with and the work
has been performed to staffs satisfaction for a total project cost of $404,672.61. This
amount reflects the original contract amount of $378,683.00 plus one (1) contract
change order (CCO) totaling $25,989.61 or 7% above the original contract amount.
Staff recommends that the City Council accept all work performed by Pavement
Coatings Company as complete and authorize the final payment to be made in
accordance with the contract documents, subject to a retention of $40,467.26.
DISCUSSION
The Public Works Services Department is responsible for the maintenance and repair of
approximately 147 miles of pavement within the community. In 1999, as part of the
Pavement Management Program, staff prioritized the condition of all City streets and
established an eight (8) year slurry seal program to efficiently prolong the life of City
streets. The 2005/2006 Capital Improvement Program includes the Annual Asphalt and
Concrete Program for this work. The Department is scheduled to slurry seal
approximately 18 miles of City residential streets per year.
Page 1 of 3
Mayor and City Council
September 5, 2006
An asphalt slurry seal is a mixture of well - graded fine aggregate, emulsified asphalt and
water applied to the street pavement as a surface treatment. It is designed for both
preventive and corrective maintenance to older pavement surfaces where` surface
cracks and loss of surface material are evident. This process makes the pavement
impermeable to air, water and improves skid resistance. To reduce the need for more
costly maintenance or construction work in the future, this application is repeated once
every eight years.
The terms and conditions of this contract have been complied with and the work has
been performed to staff's satisfaction.
In addition to the work originally covered by the contract a $25,989.61 change order
was issued to the contractor for additional material needed to properly seal some of the
streets and for additional street segments that were identified on the project map, but
not included in the actual bid request calculations. These streets were held over from
last years slurry seal program because of scheduled water and sewer system repairs.
Staff recommends that the, City Council accept all work performed by Pavement
Coatings Company as complete and authorize the final payment to be made in
accordance with the contract documents, subject to a retention of $40,467.26. This
amount ,reflects the original contract amount of $378,683.00 plus one (1) contract
change order (CCO) for $25,989.61 or 7% above the original contract amount for a total
contract amount of $404,672.61.
ENVIRONMENTAL ANALYSIS
This project is categorically exempt per Section 15301 (c) replacement from the
requirements of the California Environmental Quality Act.
Mayor and City. Council .
September 5, 2006
FISCAL IMPACT
Funds in the amount of $740,000 are budgeted in the 2006 -2007 Capital Improvement
Program for the Annual Asphalt & Concrete Repair Program ($500,000), Street
Rehabilitation (215,600) and for ADA Sidewalk Access Program ($25,000). A balance
of $488,343 remains to cover the cost for this Project.
Pagel of 3
Mayor and City Council
September 5, 2006
RECOMMENDATION
1. Accept all work performed -by Pavement Coatings Company for the 2005 -2006
Annual Slurry Seal Project as complete.
2. Authorize final payment to be made in accordance with the contract documents,
subject to a retention of $40,467.26.
Approved by: MOM
William R. Kelly, City Manager
PM:LT:dw
Attachment
Page 3 of 3
1�
1. �N
Nryrt 1, lff)
Of V1`0 STAFF REPORT
Public Works Services Department
September 5, 2006
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Director f
Prepared by: Tom Tait, Deputy Public Works Servi es Director
Dave McVey, General Services Superintendent
SUBJECT: Painting and Wood Refinishing Services
Recommendation: Award a one (1) year contract extension in the
amount of $43,500.00 to B & P Painting for painting and wood
refinishing services at various City facilities
SUMMARY
On October 1, 2002, the City Council approved a one (1) year contract Agreement with
optional contract extensions to B & P Painting Inc. for painting and wood refinishing
services at various City facilities. B & P is reaching the end of their fourth contract
extension and has submitted a written offer to extend the contract for an additional one
(1) year in accordance with the existing agreement. The contractors offer of extension
does not reflect a change in price and all other conditions of the Agreement are to
remain in effect.
Based on the excellent service provided by B & P Painting during the last four (4) years,
staff recommends that the City Council award a one (1) year contract extension in the
amount of $43,500.00 to B & P Painting for painting and extraordinary maintenance of
various City facilities.
DISCUSSION
The Public Works Services Department is responsible for the maintenance of all City
facilities. Monthly painting and preventative maintenance programs have been
implemented at the Library, City Hall, Community Center, Fire Stations and Service
Center. New construction, remodels and custom design projects are funded through the
2006 -07 Capital Improvement Program and Operation and Maintenance Budgets.
During the last year, 13 painting projects were completed. Staff anticipates a similar
level of painting services for the next fiscal year. The contract also provides for
extraordinary maintenance, on a time and materials basis, whenever painting services
are required. Services may include refinishing of wood floors, cabinets, molding and
exterior power washing of facilities.
Mayor and City Council
September 5, 2006
Page 2
B & P Painting has submitted a written offer to extend this contract in accordance with
the existing Agreement without a cost increase. All other conditions of the Agreement
are to remain the same. Staff recommends that the City Council award a one (1) year
contract extension in the amount of $43,500.00 to B & P Painting for painting and
extraordinary maintenance of various City facilities.
FISCAL IMPACT
Sufficient funds have been budgeted in the 2006 -07 C.I.P. and Operation and
Maintenance Budgets for this contract.
RECOMMENDATION
1. Award a one (1) year contract extension in the amount of $43,500.00
to B & P Painting for painting and wood refinishing services at
various City Facilities.
2. Authorize the City Manager and City Clerk to execute a contract
extension in a form approved by the City Attorney.
Approved: A_'
William R. Kelly, City Manager
'u Ou
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S TAFF REPORT
Public Works Services Department
DATE: September 5, 2006
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Dir for
Prepared by: Marie Nguyen, Management Ai e
SUBJECT: Annual Tree Trimming and Maintenance Services
Approve a one (1) year contract extension in the amount of $281,536
to California Landscape Service Inc. (CLS) for tree trimming
maintenance services
SUMMARY
On September 7, 2004, the City Council awarded a one (1) year contract to California
Landscape Services, Inc. (CLS) with optional contract extensions to perform tree -
trimming maintenance services for the City. CLS is reaching the end of their second
contract extension and has submitted a written offer to extend the existing contract for
an additional one (1) year. The contractor's offer of extension reflects a 6% Cost of
Living Adjustment (COLA) to help offset the increasing costs of fuel and operations. All
other conditions of the Agreement will remain in effect.
Based on the excellent level of tree trimming services provided by CLS, staff
recommends the City Council award a one (1) year contract extension in the amount of
$281,536 to California Landscape Service Inc. (CLS) for tree trimming maintenance
services.
DISCUSSION
The Public Works Services Department is responsible for the care and maintenance of
approximately 17,000 trees located in City parks, right -of -ways, medians, and public
facilities throughout the City. Since 1993 the City has contracted with private
companies for local tree trimming services. Prior to this, the City performed tree -
trimming maintenance on an as- needed basis. Currently, CLS is the contractor
responsible for following the Grid Tree - Trimming Program, while City crews mainly
Page 1 of 2
Mayor and City Council
September 5, 2006
respond to the vast amounts of service requests from the residents as well as aid in the
daily care and maintenance of trees in the City. The City's Tree Maintenance Program
provides for the general upkeep of the existing tree stock, mitigates immediate public
safety hazards, and allows for minimal tree replacement.
Arcadia has been designated as a 'Tree City USA" E
intention to maintain this honorable status as well as
City. CLS has provided excellent service and has be
Year Tree Trimming Plan" schedule, ensuring that a
will be pruned once every four (4) years. With the
crews, this program continues to improve aesthetics,
sustainability of a vibrant Urban Forest in Arcadia.
every year since 1993. It is staff's
preserve the Urban Forest in the
en efficiently fulfilling the "Four (4)
II 17,000 trees located in the City
combined efforts of CLS and City
minimize liability and facilitate the
CLS has submitted a written offer to extend the existing contract with a 6% COLA for
2006 -07. Last years contract was extended without any adjustments to the cost of
service. Based on the COLA change since April of 2004, 8.3 %, and that all of the tree
trimming and disposal equipment, are completely dependent on gasoline powered
engines; staff is recommending the contract extension with the suggested 6%
adjustment in rates. Staff recommends that the City Council award a one (1) year
contract extension in the amount of $281,536 to California Landscape Service Inc.
(CLS) for tree trimming maintenance services.
FISCAL IMPACT
Sufficient funds are available in the Operating Budget for annual tree trimming
maintenance services.
RECOMMENDATION
1. Award a one (1) year contract extension in, the amount of $281,536 to
California Landscape Services Inc. (CLS) fro tree trimming maintenance
services
2. Authorize the City Manager and City Clerk to execute a contract extension
in a form approved by the City Attorney.
APPROVED: P!E
William R. Kelly, City Manager
PM:TT:MN:dw
Page 2 of 2
\,t
t �7
STAFF REPORT
Library and Museum Services Department
DATE: September 5, 2006
TO: Mayor and City Council
FROM: Janet Sporleder, Library and Museum Services Director
Prepared by: Jackie Faust - Moreno, Library Services Manager
SUBJECT:
Recommendation: Approve
SUMMARY
Staff is recommending that the City Council accept a Library Services and Technology
Act (LSTA) grant in the amount of $7,435, which the Library will use to participate in the
Live Homework Help Program for 2006107. The Library applied to the California State
Library for this grant and received word on August 8, 2006 that the grant had been
awarded.
BACKGROUND
For the past five years, the California State Library has used LSTA funds to subscribe to
Live Homework Help, the online homework assistance program provided by Tutor.com.
Students access Live Homework Help through a link on each participating library's
website. The goal of the program is to provide after - school homework assistance to
students, grades 4 -12. Arcadia Public Library applied for this grant for the 2006 -07 year,
with further limited financial assistance to continue this program for the next three years.
All gifts and grants to the Library are subject to approval by the City Council pursuant to
City Charter article VIII section 809(d).
DISCUSSION
As one of its goals, Arcadia Public Library "supports individuals of all ages and levels in
their educational, informational, and recreational pursuits." The Live Homework Help
program will be beneficial to community in several ways. Students are able to access
this program from home or at the Library for that special homework assistance that they
need. While the librarians can assist in finding information, they are not able to help
with concepts and individual problems. This program will assist the children and young
Page 1 of 2
adults from fourth grade through introductory college level with homework when the
parents are busy working, or when the parents are not knowledgeable on the subject.
The City of Arcadia has several proprietary homework centers, however they seem to
specialize in test preparation courses or Chinese language and culture instruction
instead of day -to -day homework help. Peer tutoring is only available at Arcadia High
School. This program will also be useful to those adults who need to brush up on
certain concepts in preparation for high school equivalency exams or career tests.
FISCAL IMPACT
The full cost for this program is $9,435 a year. In an effort to show good faith and a
sincere interest in the Live Homework Help Program, the Arcadia Public Library will fund
$2,000 of the cost of the Program. The Library will fund this additional cost from the
current budget. The Library will experience an added $7,435 to its budget allocation for
this program.
RECOMMENDATION:
It is recommended that the City Council accept the grant of $7,435 to the Arcadia Public
Library from the California State Library LSTA Live Homework Help Program.
APPROVED: '^—
William R. Kelly, City Manager
Page 2 of 2
1.;
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STAFF REPORT
Public Works Services Department
DATE: September 5, 2006
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Direct r l
Prepared by: Lubo Tomaier, Principal Engin er
Mark Rynkiewicz, Associate Civil Engineer
SUBJECT:
Recommendation: Accept all work performed by Insituform
Technologies, Inc. for the Third Avenue and the Colorado Well
Discharge Pipe Relining Project as complete and authorize the final
payment to be made in accordance with the contract documents,
subject to a retention of $8,491.00
SUMMARY
On November 15, 2005, the City Council awarded a contract to Insituform
Technologies, Inc. in the amount of $76,419.00 for the construction of the Third Avenue
Sewer Pipe Liner and Colorado Well Discharge Pipe Liner Project. The terms and
conditions of this project have been complied with and the work has been performed to
staff's satisfaction for a total project cost of $138,365.50.
Staff recommends that the City Council accept all work performed by Insituform
Technologies, Inc. as complete and authorize the final payment to be made in
accordance with the contract documents, subject to a retention of $8,491.00.
DISCUSSION
Prior to the start of this project, the sewer line along Third Avenue between Wistaria
Avenue and Danimere Avenue had significant cracking, root intrusion, minor
deterioration and was in need of rehabilitation. This section of sewer pipe required
excessive cleaning and was at risk of a sewer backup. Also as a part of this project an
abandoned wastewater discharge pipe was lined in preparation for the Colorado Well.
The wastewater discharge pipe will be used to discharge the initial surge of low quality
water each time the new well is started up.
Page 1 of 2
Mayor and City Council
September 5, 2006
The terms and conditions of this contract have been complied with and the work has
been performed to staff's satisfaction.
Staff recommends that the City Council accept all work performed by Insituform
Technologies, Inc. as complete and authorize the final payment to be made in
accordance with the contract documents, subject to a retention of $8,491.00.
ENVIRONMENTAL ANALYSIS:
This project is categorically exempt per Section 15302 (c) replacement from the
requirements of the California Environmental Quality Act.
FISCAL IMPACT:
Funds in the amount of $55,000 were budgeted for sewer repairs and a portion of the
$1,500,000 Colorado well fund were budgeted for discharge pipe lining in the 2004-
2005 Capital Improvement Program and for this project. The two projects were bid
together to take advantage of the greater economic advantage of bidding two projects at
one time.
RECOMMENDATION
1. Accept all work performed by Insituform Technologies, Inc. for the Third
Avenue Sewer Pipe Liner and Colorado Well Discharge Pipe Liner Project
as complete.
2. Authorize final payment to be made in accordance with the contract
documents, subject to a retention of $8,491.00.
Approved by:
William R. Kelly, City Manager
PM:LT:dw
Attachment: Location Map — Exhibit "A"
Page 2 of 2
THIRD AVE SEWER PIPE LINER AND COLORADO WELL DISCHRGE
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Development Services Department
DATE: September 5, 2006
TO: Mayor and City Council
FROM: Don Penman, Assistant City anager /Development Services Director
Philip A. Wray, City Engineer�t ,
SUBJECT: Ordinance No. 2217 Amending the Arcadia Municipal Code by adding a
Chapter 10 to Article III pertaining to Floodplain Management
Recommendation: Introduce
SUMMARY
The National Flood Insurance Act of 1968 established the National Flood Insurance
Program (NFIP). The Federal Emergency Management Agency (FEMA) initially
mapped all known special flood hazard areas and created Flood Insurance Rate Maps
(FIRM). At that time, there were no known flood areas in Arcadia so no FIRM was
created.
FEMA has recently restudied the San Gabriel Valley region for special flood hazard
zones and has identified a small portion of Arcadia as being a special flood hazard
zone. In order for property owners in the City of Arcadia to remain eligible for flood
insurance, the City must adopt floodplain management regulations for development in
the flood zones.
Ordinance No. 2217 proposes floodplain management regulations in conformance with
the NFIP. The regulations are proposed to be added to the Arcadia Municipal Code
under the Public Safety Section. Staff recommends adoption of the Ordinance.
DISCUSSION
In 1968, the Federal Government adopted the National Flood Insurance Act
administered by the Federal Emergency Management Agency (FEMA). The Act
established the National Flood Insurance Program (NFIP) that enabled property owners
in participating communities to purchase flood insurance as a protection against flood
losses in exchange for State and Local community floodplain management regulations
that reduce future flood damages.
FEMA studied and mapped flood hazard zones to varying degrees throughout the
region and adopted them on Flood Insurance Rate Maps (FIRM). Arcadia had no
Staff Report
Ordinance No. 2217
September 5, 2006
Page Two
known flood hazard zones so no FIRM was every established for the City. The entire
City was designated flood zone "X" defined as areas determined to be outside the 0.2%
annual chance floodplains. This means that the chance of flooding is extremely remote
and that no flood precautions are necessary.
Recently, FEMA restudied the San Gabriel Valley region and made changes to or
created new FIRMS based on new information. A FIRM has been created for Arcadia
that designates three areas as Flood Zone "D ". See the attached portion of the FIRM.
The areas designated Flood Zone "D" are the foothills surrounding the very north
neighborhoods north and west of Canyon Road, the Los Angeles County Flood Control
District spreading grounds east of Highland Oaks Drive and an area bounded by Santa
Anita Avenue, the railroad, Huntington Drive and the Santa Anita Wash. Flood Zone "D"
is defined as an area in which flood hazards are undetermined, but possible, and means
that historical data indicates that there has been or is a slight chance of flooding but the
extent is unknown.. This is intended to alert the City to use caution and require
minimum flood protection standards when administering new construction in these
areas.
In order for property owners in the City of Arcadia to remain eligible for flood insurance,
the City must adopt floodplain management regulations for development in the flood
zones. City Staff has reviewed and commented on the FIRM for Arcadia and worked
with FEMA to prepare a floodplain management ordinance. The ordinance sets
minimum standards for construction, subdivisions and utilities within special flood
hazard areas such as Flood Zone "D ". The standards are simply a means to insure that
any building site within the special flood hazard area will be reasonably safe from
flooding.
This ordinance, if adopted, will become Article III, Public Safety, Chapter 10, Sections
3010 through 3024 of the Arcadia Municipal Code.
FISCAL IMPACT
There is no fiscal impact of this Ordinance. The provisions of the Ordinance will be
administered through the normal plan review process in the Development Services
Department, Building Division.
RECOMMENDATION
That the City Council introduce Ordinance No. 2217 amending the Arcadia
Municipal Code by adding a Chapter 10 to Article III, pertaining to Floodplain
Management.
Approved By: ---=Y —'
WILLIAM R. KELLY
City Manager
DP:PW:pa
MAP INDEX
PRELIMINARY
FIRM SEP 3 0 2D05
FLOOD INSURANCE RATE MAP
a
LOS ANGELES COUNTY,
CALIFORNIA
®
AND INCORPORATED AREAS
m
(SEE LISTING OF COMMUNITIES TABLE)
MAP INDEX
°
PANELS PRINTED: 36, 40, 50, 75,100,125,
150, 175, 200, 225, 275, 300, 325, 350, 385, 370, 375, 40D,
405, 410, 415, 420, 442, 444, 450, 462, 464, 485, 466, 468,
d
470, 475, 500, 525, 575, 600, 610, 625, 630, 635, 640, 645,
651, 653, 654, 656, 657, 658, 659, 865; 670, 694, 700, 701,
702, 703, 704, 706, 710, 711, 713, 715, 720, 750, 775, 800,
805, 810, 815, 820, 830, 835, 840, 845, 875, 900, 925, 950,
975, 1 D00, 1030, 1031, 1032, 1034, 1040, 1045, 1067, 1069,
1075, 1086, 1088, 1089, 1095, 1109, 1239, 1241, 1242, 1243,.
1244, 1281, 1262, 1263, 1264, 1266, 1267, 1268, 1269, 1275,
1280, 1285, 1288, 1290, 1295, 1305, 1310, 1315, 1328, 1329,
1330, 1335, 1337,1339, 1345, 1375, 1400, 1415,1420, 1430,
®
1440, 1445, 1475, 1485, 1490, 1491, 1492, 1502, 1506, 1507,
1511, 1512, 1513, 1514, 1516, 1517, 1518, 1519, 1528, 1527,
®
1528, 1529, 1531, 1532, 1533, 1536, 1537, 1538, 1539, 1541,
1542, 1543, 1551, 1552, 1553, 1554, 1557, 1559, 1561, 1562,
®
1566, 1567, 1569, 1580, 1585, 1590, 1595, 1605, 1610, 1615,
1620, 1626, 1628, 1629, 1636, 1637, 1638, 1645, 1663, 1664,
1865, 1688, 1670, 1895, 1700, 1725, 1750, 1751, 1752, 1754,
1760, 1765, 1770, 1780, 1785, 1790, 1795, 1810, 1815, 1820,
1829, 1630, 1835, 1837, 1840, 1841, 1842; 1843, 1844, 1851,
1853, %61, 1876,1890,1907, 1909, 19M, 1928,1930, 1935,
1940, 1945, .1955, 1960, 1962, 1964, 1965, 1970, 1980, 1968,
a
1990, 2025, 2028; 2027, 2029, 2031, 2032, 2033, 2034, 2055,
2080, 2076, 2202 2204
.?ARTA
; MAP NUMBER
06037CINDOE
y °� EFFECTIVE DATE
�
®
m
SE�� Month 00, 0000
Mill
Federal Emergency Management Agency
i
ORDINANCE NO. 2217
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA
MUNICIPAL CODE BY ADDING A CHAPTER 10 TO
ARTICLE III PERTAINING TO FLOODPLAIN MANAGEMENT
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Article III, Chapter 10 is added to the Arcadia Municipal
Code to read as follows:
"3010. STATUTORY AUTHORIZATION AND PURPOSE. The
Legislature of the State of California has in Government Code Sections 65302,
65560, and 65800 conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety, and general welfare of
its citizenry. Therefore, the City Council of the City of Arcadia does hereby adopt
the following floodplain management regulations.
3011. STATEMENT OF PURPOSE. It is the purpose of this chapter
to promote the public health, safety, and general welfare, and to minimize public
and private losses due to flood conditions in specific areas provisions designed
to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
1
C. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas
mains; electric, telephone and sewer lines; and streets and bridges located in areas
of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future blighted
areas caused by flood damage;
G. Ensure that potential buyers are notified that property is in an area of
special flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
3012. DEFINITIONS. Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so as to give them the meaning
they have in common usage and to give this chapter its most reasonable
application.
"Area of special flood hazard" - means the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given
year.
"Base flood" means a flood, which has a one percent chance of being
2
equaled or exceeded in any given year (also called the "100 -year flood "). Base
flood is the term used throughout this chapter.
"Building" - see "Structure ".
"Development" means any man -made change to improved or unimproved
real estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations or storage of
equipment or materials.
"Flood or flooding" means:
1. A general and temporary condition of partial or complete inundation of
normally dry land areas from: the overflow of inland or tidal waters; the unusual
and rapid accumulation or runoff of surface waters from any source; or mudslides
(i.e., mudflows) which are proximately caused by flooding as defined herein and
are akin to a river of liquid & flowing mud on the surfaces of normally dry land
areas, as when earth is carried by a current of water & deposited along the path of
the current.
2. The collapse or subsidence of land along the shore of a lake or other
body of water as a result of erosion or undermining caused by waves or currents of
water exceeding anticipated cyclical levels or suddenly caused by an unusual and
unforeseeable event which results in flooding as defined in this definition.
"Floodplain or flood -prone area" means any land area susceptible to being
inundated by water from any source - see "Flooding ".
3
"Floodplain Administrator" is the individual appointed to administer and
enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of
corrective and preventive measures for reducing flood damage and preserving and
enhancing, where possible, natural resources in the floodplain, including but not
limited to emergency preparedness plans, flood control works, floodplain
management regulations, and open space plans.
"Floodplain management regulations" means this chapter and other zoning
ordinances, subdivision regulations, building codes, health regulations, special
purpose ordinances (such as grading and erosion control) and other application of
police power which control development in flood -prone areas. This term
describes federal, state or local regulations in any combination thereof, which
provide standards for preventing and reducing flood loss and damage.
"Governing body" is the local governing unit, i.e. county or municipality
that is empowered to adopt and implement regulations to provide for the public
health, safety and general welfare of its citizenry.
"Historic structure" means any structure that is
1. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the
National Register;
4
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered historic
district;
3. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary of
Interior; or
4. Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either by an approved
state program as determined by the Secretary of the Interior or directly by the
Secretary of the Interior in states with approved programs.
"Manufactured home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for use with or
without a permanent foundation when attached to the required utilities. The term
"manufactured home" does not include a "recreational vehicle ".
"Manufactured home park or subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for rent or sale.
"New construction ", for floodplain management purposes, means structures
for which the "start of construction" commenced on or after the effective date of
floodplain management regulations adopted by the City, and includes any
subsequent improvements to such structures.
k
"One- hundred -year flood" or "100 -year flood" - see 'Base flood."
"Recreational vehicle" means a vehicle, which is
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal
projection;
3. Designed to be self - propelled or permanently towable by a light -duty
truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
"Start of construction" includes substantial improvement and other proposed
new development and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date of the permit.
The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles,
the construction of columns, or any work beyond the stage of excavation; or the
placement of a manufacture home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling; nor does it
include the installation of streets and/or walkways; nor does it include excavation
for a basement, footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings, such as
6
garages or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above
ground; this includes a gas or liquid storage tank or a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would
equal or exceed 50 percent of the market value of the structure before the damage
occurred.
"Substantial improvement" means any reconstruction, rehabilitation,
addition, or other proposed new development of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure before the "start
of construction" of the improvement. This term includes structures, which have
incurred "substantial damage ", regardless of the actual repair work performed.
The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations
or state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions, or
2. Any alteration of a "historic structure," provided that the alteration will
7
not preclude the structure's continued designation as a "historic structure ".
3013. GENERAL PROVISIONS - LANDS TO WHICH THIS
CHAPTER APPLIES. This chapter shall apply to all areas identified as flood-
prone within the jurisdiction of the City of Arcadia.
3014. 1 BASIS FOR ESTABLISHING FLOOD -PRONE AREAS. The
Floodplain Administrator shall obtain, review, and reasonably utilize any base
flood data available from other Federal or state agencies or other source to identify
flood -prone areas within the jurisdiction of the City. This data will be on file at
the City of Arcadia City Hall, 240 West Huntington Drive, Arcadia, California
91007.
3015. COMPLIANCE. No structure or land shall hereafter be
constructed, located, extended, converted, or altered without full compliance with
the terms of this chapter and other applicable regulations. Violation of the
requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Nothing herein shall
prevent the City Council from taking such lawful action as is necessary to prevent
or remedy any violation.
3016. ABROGATION AND GREATER RESTRICTIONS. This
chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or' deed restrictions. However, where this chapter and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
E
imposes the more stringent restrictions shall prevail
3017. INTERPRETATION. In the interpretation and application of
this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state
statutes.
3018. WARNING AND DISCLAIMER OF LIABILITY. The
degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This chapter does not imply that land
outside the areas of special flood hazards or uses permitted within such areas will
be free from flooding or flood damages. This chapter shall not create liability on
the part of the City Council of the City or any officer or employee thereof, the
State of California, or the Federal Insurance Administration, Federal Emergency
Management Agency, for any flood damages that result from reliance on this
chapter or any administrative decision lawfully made hereunder.
3019. ESTABLISHMENT OF DEVELOPMENT PERMIT. A
development permit shall be obtained for all proposed construction or other
development in the City, including the placement of manufactured homes, so that
E
it may be determined whether such construction or other development is within
flood -prone areas.
3020. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.
The City Manager, or his/her designee, is hereby appointed to administer,
implement, and enforce this chapter by granting or denying development permits
in accord with its provisions.
3021. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR, The duties and responsibilities of the Floodplain
Administrator shall include, but not be limited to the following:
A. Permit Review Review all development permit applications to
determine:
1. Permit requirements of this Chapter have been satisfied;
2. All other required state and federal permits have been obtained; and
3. The site is reasonably safe from flooding.
Administrator shall obtain, review, and reasonably utilize any base flood data
available from other Federal or state agency or other source.
3022. PROVISIONS FOR FLOOD HAZARD REDUCTION.
STANDARDS OF CONSTRUCTION. If a proposed building site is in a flood-
prone area, all new construction and substantial improvements, including
manufactured homes, shall:
10
A. Be designed (or modified) and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
B. Be constructed:
1. With materials and utility equipment resistant to flood damage;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
3023. STANDARDS FOR SUBDIVISIONS OR OTHER PROPOSED
NEW DEVELOPMENT. If a subdivision proposal or other proposed new
development, including manufactured home parks or subdivisions, is in a flood-
prone area, any such proposals shall be reviewed to assure that:
A. All such proposals are consistent with the need to minimize flood
damage within the flood prone area;
B. All public utilities and facilities such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood damage; and
C. Adequate drainage is provided to reduce exposure to flood hazards.
3024. STANDARDS FOR UTILITIES.
A. All new and replacement water supply and sanitary sewage systems shall
11
be designed to minimize or eliminate:
1. Infiltration of flood waters into the systems, and
2. Discharge from the systems into floodwaters.
B. On -site waste disposal systems shall be located to avoid impairment to
them, or contamination from them during flooding."
SECTION 2. SEVERABILITY. This Ordinance and the various parts
thereof are hereby declared to be severable. Should any section of this ordinance
be declared by the courts to be unconstitutional or invalid, such decision shall not
affect the validity of the ordinance as a whole, or any portion thereof other than
the section so declared to be unconstitutional or invalid.
SECTION 3. The City Clerk shall certify to the adoption of this
Ordinance and shall cause a copy or summary of same to be published in the
official newspaper of said City within fifteen (15) days of its adoption.
Passed, approved and adopted this
ATTEST:
City Clerk
APPROVED AS TO FORM:
r
P, 4tz�g-
City Attorney
day of , 2006.
Mayor of the City of Arcadia
12
Q V�-.
i:`n i;ib
' ` " STAFF REPORT
Public Works Services Department
DATE: September 5, 2006
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Direc r
Prepared by: Maria P. Aquino, Management Analy t
SUBJECT:
SUMMARY
Recommendation: Authorize the City Manager to enter into a
Professional Services Agreement with MuniFinancial for the
assessment and potential formation of a. citywide street lighting
assessment district and appropriate $55,000 from the general fund
reserve for this project
On August 15, 2006, the Council directed staff to proceed with further analysis of a
citywide street lighting assessment district via the Landscaping Lighting Act of 1972
(LLD 1972). Due to the complexity of this analysis, which involves varying conversion
improvements throughout the proposed district boundary and inequity of assessments,
the formation of a new assessment district would require the assistance of an
experienced assessment - engineering services firm.
On July 14, 2006, four (4) proposals were received and MunifFinancial submitted the
successful proposal. A staff committee evaluated MuniFinancial's qualifications and
found them to be the most qualified. Staff recommends that the City Council authorize
the City Manager to enter into a Professional Services Agreement with MuniFinancial
and appropriate $55,000 from the general fund reserve to pay for assessment -
engineering services for the potential assessment and formation of a citywide street
lighting assessment district.
DISCUSSION
During the early 1970s, under the Street Lighting Act of 1919, the City's existing lighting
districts were consolidated into a single district. Since this consolidation, various
significant areas of concern have developed: aging street lighting systems, Santa Anita
Oaks Home Owner's Association's request for upgrading their streetlights, inequity of
Page 1 of 3
Mayor and City Council
September 5,2006
Assessments within the City and the approaching termination date of existing
assessment districts.
On August 15, 2006, the Council directed staff to proceed in further analysis of a
citywide street lighting assessment via the Landscaping Lighting Act of 1972 (LLD
1972). Due to the complexity of this analysis the assistance of an experienced
professional firm is needed.
The citywide street lighting district formation would consist of the following phases:
• Phase 1 - Pre - assessment (identifying current street lighting assessment issues)
• Phase 2 -Assessment Methodology Analysis (12 -16 weeks)
• Phase 3 -District Formation Services (12 -14 weeks)
Request for proposals were sent to seven (7) qualified_ consulting firms. On July 14,
2006, four (4) proposals were received and evaluated by staff according to experience,
approach, and understanding of the project. The final phase of the selection process
included staffs review of the cost proposal and negotiation of a satisfactory Agreement.
RANK
CONSULTANT
LOCATION
1.
MuniFinancial
Temecula, CA
2.
David Taussig & Associates Inc.
Newport Beach, CA
3.
Koppel & Gruber
San Marcos, CA
4.
NBS
Temecula, CA
MuniFinancial was rated the most qualified based on their successful completion of
similar projects, commendable background and a thorough approach and
understanding of the project. Two of the consultants, RKA Civil Engineers Associates
and Debby Consultants, declined to submit a proposal due to their current workload and
insufficient work experience in street lighting assessments. One consultant, Albert A.
Webb Associates, did not respond,
Staff recommends that the City Council authorize the City Manager to enter into a
Professional Services Agreement with MuniFinancial and appropriate $55,000 from the
General Fund to fund for assessment - engineering services for the establishment of a
citywide street lighting assessment district and authorize the appropriation of $55,000
from the general fund reserve for this project
ENVIRONMENTAL IMPACT
The environmental impact study is not necessary for this evaluation.
Page 2 of 3
Mayor and City Council
September 5, 2006
FISCAL IMPACT
An appropriation of $55,000 from the general fund is required to enter into a
Professional Services Agreement with MuniFinancial to perform citywide street lighting
assessment district formation.
Upon a successful establishment of a citywide street lighting assessment district, the
LLD 1972 would allow the City to include this project cost as part of the special benefit
assessment and would be collected from the property owners' annual property tax bill.
This is a three (3) phase project as listed above and is based on a pay as you go
project. The City can elect to stop the process at anytime and only pay for the work
completed to date. Also included in the fee is the cost to form a new District (Once the
Assessment Methodology is established for a City Wide District) for the Santa Anita
Oaks Home Owners Association and the Santa Rosa Road project, $15,000 should the
City Council direct staff to proceed with the formation of these new districts.
1. Award a Professional Services Agreement with MuniFinancial in the
amount of $55,000 for assessment - engineering services for the
establishment of a citywide street lighting assessment district.
2. Appropriate $55,000 from the General Fund to the project budget.
3. Authorize the City Manager and City Clerk to execute a contract in a form
approved by the City Attorney.
Approved by:
PM:MA:dw
William R. Kelly, City Manager
Page 3 of 3
a
A 11.1
i,y °[ H ° STAFF REPORT
STAFF
of the City Clerk
DATE: September 5, 2006
TO: Honorable Mayor and Members of the City Council �}
FROM: Vida Tolman, Chief Deputy City Clerk/Records ManagergT
Stephen P. Deitsch, City Attorney
SUBJECT:
WITHIN THE CENTRAL BUSINESS DISTRICT ZONE.
Recommendation: Discussion and direction.
SUMMARY:
On May 2, 2006, the proponents of an initiative measure to amend the General Plan
and Zoning Code relating to permitted and prohibited uses within the Central Business
District Zone (Attachment 1) filed their petition signatures with the City Clerk's office.
Pursuant to the California Elections Code, the petition was submitted to the Los Angeles
County Registrar /Recorder County Clerk (County Clerk) for signature verification.
In a letter dated August 22, 2006 (Attachment II), the County Clerk's office notified the
City that a sufficient number of the petition's signatures were submitted with the petition
to qualify it for a special election (15% of the registered voters in the City of Arcadia).
Although the 15% signature threshold was met, the proposed initiative language and
petition must also comply with current state and federal elections codes and the federal
Voting Rights Act (Act) in order to continue with the special election process.
DISCUSSION
As related to this particular petition, it is important to recognize that there are
implications for the Council to. move forward with approval of the certification of
signature sufficiency in light of potential violations of state and federal elections codes
and the federal Voting Rights Act multi - lingual translation requirements. With court
cases still pending regarding multi - lingual translation requirements, the Council may
choose at this time to pursue further legal advice prior to approving the petition's
certification of signature sufficiency.
Notwithstanding the potential violations, the Council may conversely elect to approve
the certification of signature sufficiency, and thereby move forward with options
available to them under Elections Code Section 9212 (Attachment III), now that the 15%
signature threshold has been met. These options include:
1) Adopt the initiative, as proposed, as a formal Ordinance of the City of Arcadia;
2) Immediately order a special election, at which the proposed initiative, shall be
submitted to a vote of the people; or
3) Order a report from City staff, pursuant to Elections Code Section 9212.
It should be noted that Elections Code 9212 allows the City Council to order a report,
regardless of whether or not the certification of signature sufficiency has been
approved. Once the certification is approved, staff must return with a report to the
Council within thirty (30) days. .
RECOMMENDATION:
It is staff's - recommendation that the City Council approve either item 1.a. or 1.b.
listed below, and, in addition, approve item 2.b. as follows:
1. a. Approve the certification of signature sufficiency for:
Ballot Title: An Initiative Measure to amend the General Plan and
Zoning Code relating to permitted and prohibited uses within the
Central Business District Zone;
or
b. . Defer approval of the certification of sufficiency in order to request
advice pursuant to this matter related to compliance with state and
federal elections codes and the federal Voting Rights Act.
and;
2. Direct staff to prepare a report, pursuant to Elections Code Section 9212.
APPROVED: 4 " z
William R. Kelly, City Manager
LAW OFFICES OF
BEST BEST & KRIEGER
LLP
ATTACHMENT I
February 13, 2006
MEMORANDUM
TO: VIDA TOLMAN, DEPUTY CITY CLERK
FROM: STEPHEN P. DEITSCH, CITY ATTORNEY
RE: BALLOT TITLE AND SUMMARY FOR PROPOSED INITIATIVE
SUBMITTED BY PROPONENT CARLA NICHOLS RE CENTRAL
BUSINESS DISTRICT ( "CBD ")
Pursuant to California Elections Code Section 92031(a), I have prepared the
following ballot title and summary for the initiative petition that has been filed with the City.
The City Clerk has deemed complete the Request for Ballot Title and Summary as of January 27,
2006. The ballot title and summary are as follows.
BALLOT TITLE
An Initiative Measure to Amend the General Plan and Zoning Code Relating to Permitted and
Prohibited Uses Within the Central Business District Zone
BALLOT SUMMARY
This initiative measure would amend the City of Arcadia General Plan to allow the City's
Zoning Code to be amended to restrict automobile sales from occurring in certain areas and to
deem "permitted" as of right certain existing land uses that may not otherwise be permitted or
may only be permitted pursuant to a conditional use permit.
The initiative measure would also amend certain provisions of the Arcadia Zoning Code
concerning the Central Business District ( "CBD "). Currently, automobile sales are permitted in
the CBD where at least 50 % of the number of automobiles sold or leased are new automobiles.
The proposed initiative measure would prohibit automobile sales, storage or repair services on
the city block bounded by Santa Anita Avenue, Morlan Place and Huntington Drive. Any such
uses on that block prior to the initiative measure would be considered an illegal non - conforming
use and must be removed within two (2) years.
Currently, the Zoning Ordinance lists other permitted and conditionally permitted uses
within the CBD. Among others, delicatessen shops are currently a permitted retail use if they are
under 10,000 square feet (subject to additional restrictions). The current Zoning Code also
otherwise permits restaurants, eating establishments, coffee houses, juice bars, delicatessens and
similar uses in the CBD subject to issuance of a conditional use permit, after a public hearing.
Automobile parking lots and garages are generally permitted in the CBD if they do not front on
RVPUB\SDEITSCM708104.1
ATTACHMENT II
COUNTY OF LOS ANGELES
REGISTRAR- RECORDER/COUNTY CLERK
12400 IMPERIAL HWY. -P.O. BOX 1024, NORWALK, CALIFORNIA 90651 -1024
CQN B.MCC0RM
MGIST -R COADE OO C FRK
August 22, 2006
Ms. Vida Tolman,
Chief Deputy City Clerk/Records Manager
City of Arcadia
240 West Huntington Drive
Arcadia, California 91007
Dear Ms. Tolman:
RECEIVED
AU6 2 7006
CITY OF ARCADIA
CITY CLERK
We have completed the signature verification for the Initiative Measure to Amend the
General Plan and Zoning Code Relating to Permitted and Prohibited Uses Within
the Central Business District Zone, which was submitted on July 14, 2006.
Number of signatures filed
4,818
Number of signatures verified
4,731
Number of signatures found sufficient
3,918
Number of signatures found not sufficient
813
Not sufficient because duplicate
210
Please call Raymond Oliande, Head of the Data Entry and Signature Verification
Section at (562) 462 -2376 if you have any questions regarding the signature
verification of this petition.
Sincerely,
CONNY .McCORMACK
Registrar - Recorder /County Clerk
Enclosures
S:EG: Ml:SIGNm "Dwdty d Mahe
ATTACHMENT III
CALIFORNIA ELECTIONDS CODE 2006
SECTION 9212.
(a) During the circulation of the petition, or before taking either action described in subdivisions (a) and (b)
of Section 9214, or Section 9215, the legislative body may refer the proposed initiative measure to any
city agency or agencies for a report on any or all of the following:
(1) Its fiscal impact.
(2) Its effect on the internal consistency of the city's general and specific plans, including the housing
element, the consistency between planning and zoning, and the limitations on city actions under Section
65008 of the Government Code and Chapters 4.2 (commencing with Section 65913) and 4.3
(commencing with Section 65915) of Division 1 of Title 7 of the Government Code.
(3) Its effect on the use of land, the impact on the availability and location of housing, and the ability of
the city to meet its regional housing needs.
(4) Its impact on funding for infrastructure of all types, including, but not limited to, transportation,
schools, parks, and open space. The report may also discuss whether the measure would be likely to
result in increased infrastructure costs or savings, including the costs of infrastructure maintenance, to
current residents and businesses.
(5) Its impact on the community's ability to attract and retain business and employment.
(6) Its impact on the uses of vacant parcels of land.
(7) Its impact on agricultural lands, open space, traffic congestion, existing business districts, and
developed areas designated for revitalization.
(8) Any other matters the legislative body requests to be in the report.
(b) The report shall be presented to the legislative body within the time prescribed by the legislative
body, but no later than 30 days after the elections official certifies to the legislative body
the sufficiency of the petition.