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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 0 V q G PylYO�� mn.. s.sys 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.; oP- 6\ ti 7 Auf�f.19W 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 PIPE LINER I nt`ATlnni KAAD �r T D EW NORTH CITY OF ARCADIA � a� y ORANGE GR COLORADO ST y 4 i V � Oi J W rRn. e y y RARi a y ti HU F NO ON PROJECT LOCATIONS Z Ve• Z G Y m a •` an. mRec � RaAOI x s < UA t J O Z N REAL C N L Y 0 O 2 o � rc "+ DMIMEI E LON AY LNE A K AV N r J� I nt`ATlnni KAAD , =G - c� 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.