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Home My WebLink AboutDecember 5, 2006F^ CITY OF ARCADIA 0OF] G� CITY COUNCILIREDEVELOPMENT AGENCY REGULAR MEETING � °a r °� °e• TUESDAY, DECEMBER 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, Mayor /Agency Chair Mickey Segal, Mayor Pro Tem /Agency Vice Chair Peter Amundson, Council /Agency Member Robert Harbicht, Council /Agency Member John Wuo, Council /Agency Member CLOSED SESSION a. Conference with real property negotiators pursuant to Government Code Section 54956.8: Property Description: Southerly parking area of Santa Anita Race Track Property. Negotiating Parties: Cam: City Manager, Assistant City Manager /Development Services Director and City Attorney. Property Owner: Caruso Affiliated, Caruso Property Management Company, Magna Entertainment Corporation, the Santa Anita Companies and the Los Angeles Turf Club. Under Negotiation: Price and terms of payment. ` b. Conference with real property negotiators pursuant to Government Code Section 54956.8: Property: Property Owner: 21 Morlan Place Wendy Doc (Church in Arcadia) 28 W. Santa Clara Don and Ray Dahlgren Negotiating Parties: Agency: Deputy Executive Director Under Negotiation: Price and terms of payment. -7:00 p.m., City Council Chamber RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION INVOCATION Rabbi Devora Fond, Temple Shaarei Torah. PLEDGE OF ALLEGIANCE ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: Amundson, Harbicht, Segal, Wuo and Chandler REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION /STUDY SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PRESENTATIONS AND PROCLAMATIONS a. Assembly Member Carol Liu. b. Presentation of Life Saving Award to Officer Joe Cortez. PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council /Redevelopment Agency during the Public Comments period is asked to complete a 'Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the 7:00 p.m. Open Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council /Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK 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: n Recommended Action: Approve b. FISCAL YEAR 2005 -06 REDEVELOPMENT AGENCY STATE CONTROLLER, STATE HOUSING AND COMMUNITY DEVELOPMENT, BLIGHT REMOVAL PROGRESS, LOAN AND PROPERTY REPORTS. Recommended Action: Approve CITY COUNCIL ITEMS: C. REGULAR MEETING MINUTES OF NOVEMBER 21, 2006 AND CONTINUED REGULAR MEETING MINUTES OF NOVEMBER 22. 2006. Recommended Action: Approve J POLITICAL REFORM ACT OF 1974. Recommended Action: Adopt e. ACCEPT $2.000 GIFT FROM THE ARCADIA PUBLIC LIBRARY FOUNDATION FOR LIVE HOMEWORK HELP ONLINE. Recommended Action: Approve f. PURCHASE THREE (3) FORD PICKUP TRUCKS FOR THE PUBLIC WORKS SERVICES DEPARTMENT FROM PASADENA FORD IN THE AMOUNT OF $84.682.69. Recommended Action: Approve 9. AWARD A ONE (1) YEAR CONTRACT EXTENSION TO JOHN L. HUNTER AND ASSOCIATES INC. FOR ADMINISTRATION AND MONITORING OF THE MUNICIPAL STORMWATER (NPDES) AND INDUSTRIAL WASTE PROGRAM IN THE AMOUNT OF $55.645. Recommended Action: Approve h. AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH CONVERSE CONSULTANTS IN THE AMOUNT OF $41.110 FOR SPECIALTY INSPECTION SERVICES FOR THE CONSTRUCTION OF FIRE STATION 105 Recommended Action: Approve k. AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CALIFORNIA PROFESSIONAL ELECTRIC FOR THE FLASHING BEACON PEDESTRIAN CROSSWALK INSTALLATION ON DUARTE ROAD EAST OF BALDW IN AVENUE PROJECT IN THE AMOUNT OF $62,690. Recommended Action: Approve $ 62,030. Recommended Action: Approve AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH EQUIPMENT. Recommended Action: Approve M. CITY MANAGER DISCUSSION AND DIRECTION REGARDING PEAFOWL. Recommended Action: Provide direction ADJOURNMENT The next Regular Meeting of the City Council /Redevelopment Agency will be January 2, 2007 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 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 COUNCIL /REDEVELOPMENT AGENCY MEETING ANNOTATED AGENDA DECEMBER 5, 2006 CLOSED SESSION Conference with real property negotiators pursuant to Government NO REPORTABLE Code Section 54956.8: ACTION a Property Description: Southerly parking area of Santa Anita Race Track Property. Negotiating Parties: CCU: City Manager, Assistant City Manager /Development Services Director and City Attorney. Property Owner: Caruso Affiliated, Caruso Property Management Company, Magna Entertainment Corporation, the Santa Anita Companies and the Los Angeles Turf Club. Under Negotiation: Price and terms of payment. Conference with real property negotiators pursuant to Government NO REPORTABLE Code Section ACTION 54956.8: Pei Property: Property Owner: 21 Morlan Place Wendy Doo (Church in Arcadia) 28 W. Santa Clara Don and Ray Dahlgren Negotiating Parties: Agency: Deputy Executive Director Under Negotiation: 1. CONSENT CALENDAR Price and terms of payment. REDEVELOPMENT AGENCY ITEMS: a. REGULAR MEETING MINUTES OF NOVEMBER 21, 2006 AND APPROVED 5 -0 CONTINUED REGULAR MEETING MINUTES OF NOVEMBER 22, 2006. b. FISCAL YEAR 2005 -06 REDEVELOPMENT AGENCY STATE APPROVED 5 -0 CONTROLLER, STATE HOUSING AND COMMUNITY DEVELOPMENT, BLIGHT REMOVAL PROGRESS, LOAN AND PROPERTY REPORTS. CITY COUNCIL ITEMS: C. REGULAR MEETING MINUTES OF NOVEMBER 21, 2006 AND APPROVED 5 -0 CONTINUED REGULAR MEETING MINUTES OF NOVEMBER 22, 2006. d. RESOLUTION NO. 6543 APPROVING AND ADOPTING AN APPROVED 5 -0 AMENDED APPENDIX TO THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974. ACCEPT $2,000 GIFT FROM THE ARCADIA PUBLIC LIBRARY APPROVED 5 -0 FOUNDATION FOR LIVE HOMEWORK HELP ONLINE. PURCHASE THREE (3) FORD PICKUP TRUCKS FOR THE PUBLIC APPROVED 5 -0 WORKS SERVICES DEPARTMENT FROM PASADENA FORD IN THE AMOUNT OF $84,682.69. 9. AWARD A ONE (1) YEAR CONTRACT EXTENSION TO JOHN L. APPROVED 5 -0 HUNTER AND ASSOCIATES, INC. FOR ADMINISTRATION AND MONITORING OF THE MUNICIPAL STORMWATER (NPDES) AND INDUSTRIAL WASTE PROGRAM IN THE AMOUNT OF $55,645. h. AUTHORIZE THE CITY MANAGER TO ENTER INTO A APPROVED 5 -0 PROFESSIONAL SERVICES AGREEMENT WITH AKM CONSULTING ENGINEERS TO PREPARE THE 2007 WATER MASTER PLAN UPDATE IN THE AMOUNT OF $62,030. AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT APPROVED 5 -0 WITH INSPECTION ENGINEERING CONSTRUCTION, INC. FOR THE 2006/2007 ANNUAL CONCRETE REPAIR PROJECT IN THE AMOUNT OF $245,270. j. AUTHORIZE THE CITY MANAGER TO ENTER INTO A ADOPTED 5 -0 PROFESSIONAL SERVICES AGREEMENT WITH CONVERSE CONSULTANTS IN THE AMOUNT OF $41,110 FOR SPECIALTY INSPECTION SERVICES FOR THE CONSTRUCTION OF FIRE STATION 105. k. AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT ADOPTED 5 -0 WITH CALIFORNIA PROFESSIONAL ELECTRIC FOR THE FLASHING BEACON PEDESTRIAN CROSSWALK INSTALLATION ON DUARTE ROAD EAST OF BALDWIN AVENUE PROJECT IN THE AMOUNT OF $62,690. PURCHASE 12 -LEAD EKG EQUIPMENT FROM MEDTRONIC IN AN ADOPTED 5 -0 AMOUNT NOT TO EXCEED $51,000 FOR THE UPGRADE OF FIRE DEPARTMENT EMT EQUIPMENT. M. FISCAL YEAR 2005 -06 REDEVELOPMENT AGENCY STATE ADOPTED 5 -0 CONTROLLER, STATE HOUSING AND COMMUNITY DEVELOPMENT, BLIGHT REMOVAL PROGRESS, LOAN AND PROPERTY REPORTS. 2. CITY MANAGER a. DISCUSSION AND DIRECTION REGARDING PEAFOWL. CITY COUNCIL DIRECTED STAFF TO BRING BACK AN ORDINANCE ON 1 -16 -07 48:0117 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, DECEMBER 5, 2006 The City Council and Redevelopment Agency of the City of Arcadia met at 6.00 p.m. in a regular closed session meeting in the Arcadia City Council Chamber Conference Room. CALL TO ORDER The Mayor Chandler called the meeting in order at 6:00 p.m. ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Amundson, Harbicht, Segal, Wuo and Chandler ABSENT: None CLOSED SESSION 0 a Conference with real property negotiators pursuant to Government Code Section 54956.8: Property Description: Southerly parking area of Santa Anita Race Track Property. Negotiating Parties: Cam: City Manager, Assistant City Manager /Development Services Director and City Attorney. Property Owner Caruso Affiliated, Caruso Property Management Company, Magna Entertainment Corporation, the Santa Anita Companies and the Los Angeles Turf Club. Under Negotiation: Price and terms of payment. Conference with real property negotiators pursuant to Government Code Section 54956.8: Property: 21 Morlan Place 28 W. Santa Clara Negotiating Parties Under Negotiation: Property Owner: Wendy Doo (Church in Arcadia) Don and Ray Dahlgren Agency: Deputy Executive Director Price and terms of payment. 1 3. 12 -05 -2006 48:0118 RECONVENE CITY COUNCIL /REDEVELOPMENT AGENCY MEETING TO OPEN SESSION The Mayor convened the Open Session meeting at 7:00 p.m. INVOCATION Rabbi Devora Fond, Temple Shaarei Torah PLEDGE OF ALLEGIANCE — Council Member Amundson ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Members Chandler, Segal, Amundson, Harbicht, and Wuo ABSENT: None REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION /STUDY SESSION ITEMS Steve Deitsch, City Attorney reported that the City Council /Redevelopment Agency Board met in closed session to consider the two (2) items listed under closed session on the agenda. No reportable action was taken. 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 Segal and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS AND PROCLAMATIONS a. Assembly Member Carol Liu. b. Presentation of Life Saving Award to Officer Joe Cortez. PUBLIC COMMENTS (5 minutes per person) Carol Liu thanked the City Council for the recognition and gave on update on several issues from the past year. Lisa Brock President of Camino Grove Elementary PTA, give an update'on events taking place at Camino Grove Elementary School. Ms. Brock advised that for upcoming events or PTA meeting information, please see the school's website. She also thanked the City Council for their continued support. 2 12 -05 -2006 Cfgiu p Bradley Beck resident of Arcadia advised the City Council that he received 8 parking citations for street sweeping over the past year while caring for his elderly mother and disabled brother and that 2 of the citations were attached to his vehicle registration. He asked that the City Council if they can waive the remaining 6 parking citations due to money constraints. Mayor Chandler advised Mr. Beck of the City's administrative procedures dealing with parking tickets. Chief Sanderson will contact Mr. Beck to discuss. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK Council Member Amundson noted that the lighting on the cable station needs to be addressed. Mr. Amundson commented on the meeting with Supervisor Antonovich. He noted that hopefully the repair and upkeep of the Chantry Flats Road will be shifted to the County of Los Angeles. Mr. Amundson, attended the Planning Commission meeting at the Community Center for the DEIR on the proposed shops at Santa Anita. He also thanked everyone who attended and those who made comments. Mr. Amundson also announced that Pamela Blackwood's husband had surgery and wished them well. Mr. Amundson advised that the Arcadia Beautiful Commission will be giving out awards for Christmas decorations and wished everyone happy holidays. Council Member Harbicht announced that a special municipal election is set for May 8, 2007. Mr. Harbicht commented that the measure on the ballot does not relate to eminent domain. Mr. Harbicht advised staff that he would like placed on the next City Council regular agenda a measure to be placed on the May 8, 2007 special election ballot on whether or not the voters would like the powers of eminent domain removed from the Redevelopment Agency and requested that the City Attorney to draft the measure. Council Member Harbicht commented that at his home the quality of the picture on cable television is terrible. Council Member Harbicht wished everyone Happy Holidays and a happy new year. Council Member Wuo wished everyone happy holidays and a happy new year. Mr. Kelly explained the cable problem that the City is experiencing with Time Warner. Mayor Pro Tern Segal announced that Saturday is the White Christmas Event and 200 plus less fortunate families will receive Christmas food baskets and toys. He also thanked the schools for their participation. Mr. Segal also announced there will be 33 tons of snow at the snow festival on Saturday at the Community Center. Mr. Segal wished everyone a safe holiday season and a happy and safe new year. Mayor Chandler announced that the City just received notice that Time Warner is working on the cable problem. Mr. Chandler also announced that he attended a joint Chamber of Commerce and School District intercultural dinner event last week. Mayor Chandler also attended and thanked the police association for their annual holiday dinner. Mayor Chandler also wished everyone happy holidays and a happy new year. City Clerk Barrows wished the City Council, the City Manager, all City Departments and the citizens of Arcadia happy holidays from the City Clerk's Office. 12 -05 -2006 48:0120 CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. REGULAR MEETING MINUTES OF NOVEMBER 21, 2006 AND CONTINUED REGULAR MEETING MINUTES OF NOVEMBER 22. 2006. Recommended Action: Approve b. FISCAL YEAR 2005 -06 REDEVELOPMENT AGENCY STATE CONTROLLER, STATE HOUSING AND COMMUNITY DEVELOPMENT, BLIGHT REMOVAL PROGRESS, LOAN AND PROPERTY REPORTS. Recommended Action: Approve CITY COUNCIL ITEMS: c. REGULAR MEETING MINUTES OF NOVEMBER 21, 2006 AND CONTINUED REGULAR MEETING MINUTES OF NOVEMBER 22. 2006. Recommended Action: Approve d. RESOLUTION NO. 6543 APPROVING AND ADOPTING AN AMENDED APPENDIX TO THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974. Recommended Action: Adopt e. Recommended Action: Approve g. AWARD A ONE (1) YEAR CONTRACT EXTENSION TO JOHN L. HUNTER AND h. AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH AKM CONSULTING ENGINEERS TO PREPARE THE 2007 WATER MASTER PLAN UPDATE IN THE AMOUNT OF $62,030. Recommended Action: Approve 4 12 -05 -2006 Recommended Action: Approve Recommended Action: Approve Recommended Action: Approve 48:0121 k. EQUIPMENT. Recommended Action: Approve M. 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 -m on the City Council /ARA Consent Calendars. AYES: Council /Agency Members Segal, Harbicht, Amundson, Wuo and Chandler NOES: None 2. CITY MANAGER a. DISCUSSION AND DIRECTION REGARDING PEAFOWL. Recommended Action: Provide direction Mayor Chandler announced that he had received several a -mails and phone calls from citizens who requested that this item be continued to a future date. Mayor Chandler announced that after the staff report is given those in the audience will be allowed to speak on the matter. City Manager Kelly advised the City Council that the peafowl issue has come up periodically in the last several months and is now being submitted to the City Council for direction. Linda Garcia will provide the staff report. Linda Garcia gave a detailed background report on the peafowl situation and addressed several alternatives. She also noted that the City recently meet with the Presidents of the 2 homeowner associations most affected by the birds and both associations acknowledge that the peafowl population is excessive and express their support of a compromise position that would involve relocating a number of the birds and enacting an ordinance that would prohibit the feeding of peafowl on private property. Ms. Garcia advised that the president of the Highlands Homeowner Association acknowledges the problems associated with the peafowl but objected to relocating the birds to Wilderness Park. Also, Ms. Garcia reported that the Arboretum CEO does not believe that the Arboretum's peafowl population has increased in recent years however he has concerns regarding the large number of peafowl in the City and supports the 12 -05 -2006 CONSTRUCTION OF FIRE STATION 105. Recommended Action: Approve BALDWIN AVENUE PROJECT IN THE AMOUNT OF $62,690. Recommended Action: Approve Recommended Action: Approve 48:0122 relocating of some of the peafowl. She also advised that several a -mails from the public were received on this matter and were forwarded to the City Council. Mr. Wuo asked where the peafowl would be relocated. Mr. Amundson asked about an adoption program by citizens who would like a peafowl. Linda Garcia answered that there are individuals and groups out there that would take them. Fred Powers thanked City Manager Bill Kelly and Linda Garcia for bringing this matter forward. Mr. Powers noted that there are clusters of 40 -60 birds roaming at a time. The peafowl are a burden to the quality of life and would like to see the number of birds reduced. Mr. Powers gave a background regarding his experience with the birds in the last several years and urges the City Council to come up with a plan that will reduce the number of peafowl in the college street area. 'David Medina, a resident of Harvard Drive, supports the current peafowl population. Mr. Medina commented that there are only a handful of residents who are against the current peafowl population. He also commented that there are a number of homeowners who believe that the peafowl are unique and are a beautiful component of the neighborhood and that there is no problem. Melody Ann Wall, a resident of Harvard Drive, commented that she does not feel that the peafowl population has increased and does not support the relocation of the birds. She noted that there are many residents who support the peafowl in the neighborhood. She urged the City Council not take action on this item. She recommended that the Council keep the situation as is or extend the prohibiting of feeding peafowl from not only public property but to include private property. Raub Mathias, a resident of Coronado Drive, encouraged the City Council to do something about the peafowl. He is on the Santa Anita Village Homeowners Association and they support the relocation of a percentage of the peafowl population to possibly Wilderness Park and also the adoption of an ordinance prohibiting the feeding of peafowl on private property. Mr. Mathias also supports the establishment of a peafowl management program. Mr. Mathias urges the City Council to take action on this and assess the peafowl population. Mayor Chandler commented that he is not in favor of trapping and relocating the birds to Wilderness Park and would like to see an ordinance prohibiting the feeding on private property Council Member Harbicht feels that an ordinance prohibiting the feeding of peafowl on private property would not be enforceable. Mr. Harbicht commented that he does feel that there is a solution to this situation. Mr. Harbicht also noted that he contributed an article on peafowl in Visions of Arcadia. Council Member Harbicht would like this item carried over until the first meeting in January in order to allow everyone to have an opportunity to speak on this item. Mr. Harbicht also noted that he is not in favor of relocating the birds. Council Member Wuo commented that he would support an ordinance prohibiting the feeding of peafowl on private property and that he is not in favor of relocating the peafowl. Council Member Amundson wanted to know if the public has been educated on this matter. Linda Garcia advised that a peacock brochure was mailed out to about 1,500 homes in the college district, notices have been placed in the City's newsletter and cable television. Ms. 6 12 -05 -2006 48:0123 Garcia advised that there is a small percentage of residents who are intentionally putting food out for the peafowl. Council Member Amundson asked about enforcement of feeding the birds on private property. City Manager Kelly advised that in order to enforce the feeding of peafowl on private property, the City or neighbor would have to catch the resident. He also noted that a majority of the residents do comply with the rules and regulations regarding peafowl. Linda Garcia advised that the Arboretum has not seen an increase in their population. She also noted that the birds know exactly which homes put food out. Council Member Amundson questioned if there was anything special about Mr. Powers' trees since the birds flock to his trees. Linda Garcia advised that Mr. Powers lives near residents who intentionally feed the birds so there is a significant problem with the birds in his area. Council Member Amundson asked if the homeowner associations in that area would be able to help the City enforce this matter. Linda Garcia advised that the City can meet with the homeowner associations in the area and possibly have them put a neighborhood meeting together which Ms. Garcia would assist and discuss what they can do to assist the City. Council Member Segal commented that he is not sure what the solution is. His concerns are with those individuals who are intentionally feeding the birds. Council Member Segal advised that he would support and encourages an ordinance prohibiting the feeding of peafowl on private property. Mayor Chandler noted that there are obviously citizens that are feeding the birds on private property. Mayor Chandler asked if the City Attorney office files the complaint. City Attorney Deitsch responded that the matter is enforced through the City Attorney office. Council Member Harbicht noted that the problem is the congregation of the peacocks in one place. Council Member Harbicht advised that he has concerns regarding this matter and would like to see the item continued so that other residents in the area can have an opportunity to speak. He noted that the a -mails he received, but was not sure if they were for or against the ordinance. Council Member Wuo asked the City Attorney if by passing the ordinance is the City violating any rights of the property owners. City Attorney Deitsch explained that this issue is a matter of policy and that there are no legal issues if the ordinance is passed. Council Member Wuo advised that he is not in favor of continuing this matter. He would like to see a decision made tonight. Mayor Chandler commented that he is not in favor of continuing this matter. He would like to see an ordinance that would prohibit the feeding of peafowl on private property. 7 12 -05 -2006 48:0124 Council Member Harbicht made a motion to continue this item to the second meeting in January. Council Member Amundson seconded the motion made by Council Member Harbicht, but would like to limit the comment time to 3 minutes. Council Member Segal commented that he would like to see the matter resolved tonight. Mayor Chandler announced that Council Member Harbicht made a motion to continued the hearing to January 16, seconded by Amundson. AYES: Council Member Harbicht and Amundson NOES: Council Member Segal, Chandler and Wuo Council Member Segal made a motion to prepare an ordinance prohibiting the feeding of peafowl on their private property for consideration to bring back to the Council on January 15, 2007, seconded by Council Member Wuo. AYES: Council Member Segal, Wuo, Amundson, Harbicht and Chandler NOES: None ADJOURNMENT The meeting was adjourned at 9:00 p.m. The City Council /Redevelopment Agency adjourned this meeting to January 2, 2007 at 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk 0 Lisa Mussenden Interim Chief Deputy City Clerk 8 12 -05 -2006 LP ,}Payy 4 C MEMORANDUM Office of the City Attorney Date: December 5, 2006 TO: HONORABLE MAYOR AND CITY COUNCIL PP I FROM: STEPHEN P. DEITSCH CITY ATTORNEY Prepared by: Lisa Mussenden, Interim Chief Deputy City Clerk SUBJECT: RECOMMENDATION TO ADOPT RESOLUTION NO. 6543 APPROVING AND ADOPTING AN AMENDED APPENDIX TO THE CITY'S CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 Recommendation: Approve SUMMARY The Political Reform Act of 1974, Government Code Section 81000, et seq. (the "Act "), requires every local agency to review its conflict of interest code biennially to determine if it is accurate or, alternatively, if the code must be amended. The City has created, revised and reclassified various City employee positions. As a result, the City is required to revise the City's list of Designated Employees (Appendix — Exhibit "A ") contained in the City's Conflict of Interest Code in order to cover the revised and reclassified employee positions. The proposed amendment includes new positions that must be designated, revises the assigned disclosure category for one position, revises titles of existing positions, and clarifies the introductory language to the disclosure categories and include definitional language clarifying disclosure requirements. DISCUSSION Section 87306 of the Act requires that conflict of interest codes be amended for changed circumstances such as the creation of new positions which must be designated and relevant changes in the duties assigned to existing positions. The primary effect of the Code is to establish conflict of interest disclosure and disqualification requirements for various City positions that make or participate in the making of the requisite level of decision - making as set forth in the Political Reform Act. This Act requires each city to adopt a local conflict of interest code which designates city positions not designated in the Act itself, that are involved in making city decisions. FISCAL IMPACT None RECOMMENDATION It is recommended that the City Council adopt Resolution No. 6543 approving and adopting an amended appendix to the City's Conflict of Interest Code pursuant to the Political Reform Act of 1974. APPROVED: William R. Kelly City Manager Attachment — Resolution No. 6543 RESOLUTION NO. 6543 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED APPENDIX TO THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974 WHEREAS, the Legislature of the State of California enacted the Political Reform Act of 1974, Government Code Section 81000, et seq. (the "Act "), which contains provisions relating to conflicts of interest governing officers, employees and consultants of the City of Arcadia (the "City"), and which requires all public agencies to adopt and promulgate a conflict of interest code; and WHEREAS, the City Council has adopted a Conflict of Interest Code (the "Code ") which was most recently amended on December 7, 2004, in compliance with Government Code Section 81000, et sec .; and WHEREAS, subsequent changed circumstances within the City have made it advisable and necessary pursuant to Sections 87306 and 87307 of the Act to amend and update the Appendix to the City's Code; and WHEREAS, the potential penalties for violation of the provisions of the Act are significant and may include criminal and civil liability, as well as equitable relief which could result in the City being restrained or prevented from acting in cases where the provisions of the Act may have been violated; and WHEREAS, notice of the time and place of a public meeting on, and of consideration by the City Council of, the proposed amended Appendix was provided to each affected designated employee and was publicly posted for review at the office of the City Clerk; and WHEREAS, a public meeting was held regarding the proposed amended Appendix at a regular meeting of the City Council on December 5, 2006, at which all persons present were given an opportunity to be heard on the proposed amended Appendix. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby approve and adopt the proposed amended Appendix to the City's Conflict of Interest Code, a copy of which is attached hereto and which shall remain on file with the City Clerk together with the City's Conflict of Interest Code and which shall remain available for inspection by the public. SECTION 2. The said amended Appendix to the City's Conflict of Interest Code shall become effective thirty (30) days after the date of its adoption and approval. 2 6543 SECTION 3 Resolution. The City Clerk shall certify to the adoption of this Passed, approved and adopted this stn day of December 2006. Mayor of the City of Arcadia ATTEST: IS/ JAMIE H. BARROW City Clerk of the City of Arcadia APPROVED AS TO FORM: City Attorney -3- 6543 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6543 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 5th day of December, 2006 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Harbicht, Segal, Wuo and Chandler NOES: None ABSENT: None City Clerk of the City of Arcadia 0 6543 LAW OFFICES OF BEST BEST & KRIEGER LLP APPENDIX CONFLICT OF INTEREST CODE OF THE CITY OF ARCADIA (Amended December 5, 2006) EXHIBIT "A" The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage public investments as defined by 2 Cal. Code of Regs. § 18701(b), are NOT subject to the City's Code but are subject to the disclosure requirements of the Act. (Government Code Section 87200 et sect.). [Regs. § 18730(b)(3)] OFFICIALS WHO MANAGE PUBLIC INVESTMENTS It has been determined that the positions listed below are Other City Officials who manage public investments 3 . These positions are listed here for informational purposes only. Financial Services Manager Financial Consultant 3 Individuals holding one of the above - listed positions may contact the FPPC for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a position is covered by § 87200. 20- BBK — October 2006 RVPU6VDVALDEZV 22228.3 6543 LAW OFFICES. OF BEST BEST S KRIEGER LLP DESIGNATED POSITIONS GOVERNED BY THE CONFLICT OF INTEREST CODE DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Accounting Supervisor 5 Administrative Assistant, Sr. (ALL) 6 Administrative Services Director 5 Assistant City Manager /Development Services Director 1,2 Assistant Director of Recreation and Community Services 2, 3, 6 Assistant Engineer(ALL) 2, 3, 7 Assistant Planner 2, 3, 6, 7 Associate Civil Engineer (ALL) 2, 3, 6 Associate Planner 2, 3, 6, 7 Building Official 2, 3, 6, 7 Business License Officer 6,7 Chief Deputy City Clerk/ Records Manager 6 Chief of Police 6,7 City Attorney (not filing under Gov. Code §87200) 1,2 City Clerk 6 Code Services Officer (ALL) 6,7 Combination Inspector (ALL) 2, 3, 6, 7 Communications and Marketing Specialist (ALL) 6 Communications, Marketing and Special Projects Manager 1,2 -21- BBK— October 2006 RVPUB%DVALDEZ \722228 3 6543 LAW OFFICES OF BEST BEST S KRIEGER LLP DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Community Development Administrator 1, 2 Deputy City Clerk 6 Deputy Fire Chief 2, 3, 6, 7 Deputy Fire Marshal 6, 7 Deputy Public Works Services Director 1,2 Director of Library and Museum Services 6 Director of Recreation and Community Services 2, 3, 6 Economic Development Administrator 1, 2 Economic Development Manager 1,2 Engineering Assistant (ALL) 3,7 Engineering Services Administrator /City Engineer 2, 3, 6, 7 Environmental Services Officer 6 Field Services Manager 2, 3,6 Fire Administrative Specialist 6 Fire Battalion Chief (ALL) 6 Fire Captain 6, 7 Fire Chief 2, 3, 6, 7 Fire Division Chief 6 Fire Inspector 6, 7 Fire Marshal 6, 7 General Services Superintendent 6 22- BBK— October 2006 RVPUBIDVALDEZV22228.3 6543 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Historical Museum Curator 6 Human Resources Administrator 6 Human Resources Analyst 6 Human Resources Technician 6 Information Systems Manager 6 Legal Coordinator 6 Library Services Manager (ALL) 6 Maintenance Contract Officer 6 Management Aide 6 Management Analyst (ALL) 6 Planning Services Manager 2, 3, 6,7 Police Captain (ALL) 6,7 Police Records Manager 6 Principal Civil Engineer 1,2 Principal Librarian 6 Public Works Inspector 2, 3,7 Public Works Services Director 1,2 Public Works Technician 6,7 Purchasing Officer 5 Recreation Coordinator 6 Recreation Supervisor 6 -23- BBK— October 2006 R V PUB \D VALDEZ \72222 8.3 6543 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES TITLE OR FUNCTION ASSIGNED Revenue Collection Specialist 1,2 Senior Citizens Supervisor 6 Senior Civil Engineer 2, 3, 6, 7 Senior Planner 2, 3, 6,7 Special Assistant to the City Manager 1, 2 Storekeeper /Buyer 6 Streets Superintendent 6 Transportation Services Officer 6 Utilities Superintendent 2, 3,7 Warehouse Manager 6 Water Quality /Backflow Inspector - -_— Youth Services Supervisor 6 2 RVPUB\DVAL ➢EZV722228 3 4- BBK — October 2006 6543 LAW OFFICES OF BEST BEST & KRIEGER LLP DESIGNATED EMPLOYEES' TITLE OR FUNCTION MEMBERS OF BOARDS, COMMISSIONS AND COMMITTEES Homeowners Assn. Architectural Review Board Library Board of Trustees Consultant DISCLOSURE CATEGORIES ASSIGNED 1,2 2, 3, 6 4 Consultants shall be included in the list of Designated Employees and shall disclose pursuant to the broadest disclosure category in this Code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this Section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. RVPUB\DVALDEZV 22228.3 -25- BBK— October 2006 6543 LAW OMCES OF BEST BEST S KRIEGER LLP EXHIBIT "B" DISCLOSURE CATEGORIES The disclosure categories listed below identify the types of investments, business entities, sources of income, including gifts, loans and travel payments, or real property which the Designated Employee must disclose for each disclosure category to which he or she is assigned. Category 1 : All investments and business positions in business entities, and sources of income, that are located in, do business in or own real property within the jurisdiction of the City. Category 2 : All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City. Category 3 : All investments and business positions in, and sources of income from, business entities that are engaged in land development, construction, or the acquisition or sale of real property within the jurisdiction of the City. Category 4 : All investments and business positions in, and sources of income from, business entities that are banking, savings and loan, or other financial institutions. Category 5 : All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the City. Category 6 : All investments and business positions in, and sources of income from, business entities that provide services, supplies, materials, machinery, vehicles or equipment of a type purchased or leased by the Designated Employee's Department. Category 7 : All investments and business positions in, and sources of income from, business entities subject to the regulatory, permit, or licensing authority of the Designated Employee's Department. 26- BBK— October 2006 RVPUBIDVALDEZ1722226.3 6543 s- e. 1 STAFF REPORT Library and Museum Services Department DATE: December 5, 2006 TO: Mayor and City Council FROM: Janet Sporleder, Library and Museum Services Director Prepared by: Jackie Faust - Moreno, Library Services Manag SUBJECT: Recommendation: Approve Grant for Live Homework Help Online. SUMMARY Staff is recommending that the City Council accept a gift from the Arcadia Public Library Foundation to cover the balance costs associated with the California State Library an increasing level of funds for the service each year. BACKGROUND The California State Library awards grants using federal Library Services and Technology Act (LSTA) funds that enable libraries 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 and was awarded this grant which provides a diminishing level of funding over the course of four years. The Library needs to provide The total cost for this program is $9,435. The State Library Grant covers $7,435 of that cost during the first year of the grant. The additional $2,000 will be paid with these funds from the Arcadia Public Library Foundation. 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 Page 1 of 2 program is 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. This program will assist the children with homework when the parents are busy working, or when the parents aren't knowledgeable on the subject. This program will also be useful to those adults studying for high school equivalency exams or the career tests and need to brush up on certain concepts. FISCAL IMPACT The Library will experience an added $2,000 to its budget allocation for live homework help online. RECOMMENDATION: It is recommended that the City Council accept the gift of $2,000 from the Arcadia Public Library Foundation for the balance cost of the California State Library LSTA Live Homework Help Program. APPROVED: `TO William R. Kelly, City Manager Page 2 of 2 FO y�33 N, STAFF REPORT Public Works Services Department DATE: December 5, 2006 TO: Mayor and City Council / FROM: Pat Malloy, Public Works Services Dir or I f Prepared by: Tom Tait, Deputy Public Works Director Dave McVey, General Services Superintendent SUBJECT: SUMMARY Staff is recommending that the City Council award a purchase order contract to Pasadena Ford for two (2) pick up trucks with utility bodies and one (1) standard pick up truck for the Public Works Services Department in the amount of $84,682.69. Funds in the amount of $98,000 are budgeted for this acquisition in the 2006 -07 Equipment Replacement Fund. DISCUSSION The 2006 -07 Equipment Replacement Fund provides for the replacement of three (3) vehicles for the Public Works Services Department. These vehicles are used in the daily activities for street sign repair and replacement, greenscape, bus stop maintenance, and utilities maintenance and repair. The new vehicles will replace two (2) 1996 Chevy trucks with utility bodies and one (1) 1998 Chevy standard pick up truck. These vehicles meet the mileage, age and /or maintenance requirements of the City's vehicle replacement policy and have been included in the 2006/07 Equipment Acquisition Program. A notice inviting bids was sent to six (6) dealerships and was published in the adjudicated paper. As advertised, the City Clerk publicly opened the sealed bids on October 30, 2006 with the following results: Page 1 of 2 Mayor and Council December 5, 2006 Bidder Location Amount Pasadena Ford Pasadena $84,682.69 Rotolo Chevrolet Fontana No Bid Wonderies Chevrolet Alhambra No Bid Advantage Ford Duarte No Bid S &J Chevrolet Cerritos No Bid Ed Butts Ford La Puente No Bid Staff contacted each vendor that did not submit a bid to find out why they did not respond. The responses ranged from: they did not have these trucks in stock, didn't want to go through the process of ordering new trucks, or simply didn't have time to submit a bid. Staff also considered Hybrid trucks for environmental reasons, however, 3/4 ton hybrid pick up trucks are not manufactured at this time. Pasadena Ford was the only vendor to commit and respond to the specifications requested in the proposal. Staff is recommending that the City Council award a purchase order contract to Pasadena Ford for two (2) pick up trucks with utility bodies and (1) standard pick up truck for the Public Works Services Department in the amount of $84,682.69. FISCAL IMPACT Funds in the amount of $98,000.00 have been budgeted in the 2006 -07 Equipment Replacement Fund for this acquisition. The remaining amount will be used to equip each truck with emergency lighting and mobile radio's. RECOMMENDATION Approve the purchase of three (3) 2008 Ford pick up trucks in the amount of $84,682.69 to Pasadena Ford. 2. Authorize the Purchasing officer to issue a Purchase Order for this acquisition, Approved: William R. Kelly, City Manager PM:TT:DM:dw Page 2 of 2 { 9 STAFF REPORT Public Works Services Department DATE: TO: December 5, 2006 Mayor and City Council Work Services Dire r Deputy Public orks e.rvi s Director Turney, Environmental Services Officer FROM: Pat Malloy, Public Prepared by: Tom Tait, Susannah SUBJECT: SUMMARY Recommendation: Approve On August 5, 1997, the City of Arcadia entered into an agreement for consulting services with John L. Hunter and Associates, Inc. (JLH) for development and initial implementation of an Industrial Waste (IW) Program. Additionally, JLH has assisted the City with the implementation of the National Pollutant Discharge Elimination System (NPDES) stormwater inspections; plan reviews and other limited services pursuant to the State's Municipal NPDES Program. JLH's services included conducting sewer inspections, maintaining a comprehensive database on all industrial /commercial entities, site investigations and plan checking for all commercial and industrial connections. This program is one component of an effort to protect City -owned sewer lines from obstruction, damage, or illegal disposal of hazardous wastes and will assist the City to comply with the conditions of the NPDES Municipal Stormwater Program. Based on the nine (9) years of excellent services provided by JLH, staff recommends that the City Council award a one (1) year contract extension in the amount of $55,645 to John L. Hunter and Associates, Inc. for administration and monitoring of the Municipal Stormwater (NPDES) and Industrial Waste Programs. All other conditions of the agreement will remain in effect. Mayor and Council December 5, 2006 DISCUSSION The Clean Water Act (Act) mandates local jurisdictions to implement water pollution control programs. The National Pollutant Discharge Elimination System (NPDES) permit is a key provision of the Act. To maintain compliance with the conditions of the NPDES Storm Water Permit requirements, John L. Hunter and Associates, Inc. (JLH) has supported the City with implementation of Best Management Practices, reporting requirements, and administration of the following three programs required by the state: 1. Identify Illegal Connections and Discharges to Storm Drains 2. Development Planning and Development Construction Plan Checks 3. Perform Commercial and Industrial Inspections Best. Management Practices (BMP's) help to prevent surface water pollution from entering into the storm drain collection system. Included in JHL's services is the Industrial Waste Program, which is designed to protect and reduce the likelihood of sewage overflows and damage to local sewer pipes within the City. On January 17,2006, City Council awarded a one (1) year contract extension to John L. Hunter and Associates, Inc. in the amount of $67,700. The contract amount has decreased by $12,055 (17.8 %) to $55,645 this year because staff was able to internalize some of the activities previously performed by the contractor, such as public outreach, immediate field response to complaints, and preparation of the annual report. The cost of the contract is fully recovered through permitting fees, plan check fees, and inspection fees paid to the City by developers and commercial establishments. FISCAL IMPACT Sufficient funds have been budgeted in the 2006 -07 Stormwater and Sewer System Services funds for the administration and monitoring of the Municipal Stormwater (NPDES) and Industrial Waste Programs. Again, the cost of the contract is fully recovered through permitting fees, plan check fees, and inspection fees paid to the City by developers and commercial establishments. RECOMMENDATION 1. Award a one (1) year contract extension in the amount of $55,645 to John L. Hunter and Associates, Inc, for administration and monitoring of the Municipal Stormwater (NPDES) and Industrial Waste Programs 2. Authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney APPROVED: �==J William R. Kelly, City Manager PM:TT:ST leespmnd i�nrt f.Op S TAFF REPORT Public Works Services Department DATE: December 5, 2006 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Dire or Prepared by: Lubomir Tomaier, Principa Civi ngi eer Ken Herman, Associate Civil Engineer SUBJECT: to prepare the 2007 Water Master Plan Update Recommendation: Approve SUMMARY The 2006 -07 Capital Improvement Program provides for the update of the City's existing Water Master Plan. The Water Master Plan was most recently updated in 2001. Since that time, many of the more significant projects identified in the update have been completed. It is now necessary to re- evaluate the water system based on those improvements, and develop a new plan to best utilize the system and provide for future demands and regulatory changes. On October 26, 2006 the Public Works Services Department received three (3) proposals for the preparation of the Water Master Plan Update. Staff has reviewed all the proposals received and determined that AKM Consulting Engineers submitted the most qualified proposal. Staff recommends that the City Council award a professional services agreement in the amount of $62,030 to AKM Consulting Engineers for this project. BACKGROUND The Water Master Plan identifies the current state of the City's water supply and distribution system and recommends projects that would improve the reliability and operation of the system to meet future demands. This document is the primary tool used in the planning of capital improvement projects related to the water system each fiscal year. Page 1 of 3 Mayor and City Council December 5, 2006 The last update to this plan was performed in 2001, and since that time approximately $10,000,000 in improvements have been made to the City's water system, including the construction of St. Joseph Reservoir No.3; St. Joseph Well No.2; St. Joseph Booster Pump Station; Santa Anita Reservoir No.4; Chapman Well No.7; pressure regulating stations to link pressure zones '1 and 2, and 3 and 4; upgrades to the computerized SCADA (Supervisory Control And Data Acquisition) system that automatically operates the water supply and distribution system; and the replacement of approximately 2.5 miles of water distribution pipe. The Orange Grove Booster Pump Station, and the Colorado well are currently under construction, and the Camino Real Booster Pump Station is preparing to be advertised for bids. Due to the significant improvements made to the system since the last Water Master Plan update, it is necessary to re- evaluate the system with these improvements in place and establish a new plan to identify and meet the future demands of the system, identify the system components in need of replacement or repair, identify and provide for compliance to current and future regulatory requirements, and to prepare a financial cost model to plan for the necessary funding and efficient expenditure of funds related to these projects. DISCUSSION On October 9, 2006 a Request for Proposal was sent to four (4) firms qualified to perform the necessary analysis and assessment, and prepare the required update to the Water Master Plan. Three proposals were received an devaluated by a selection committee in accordance with Chapter 10 of the California Government code, sections 4525 -4529 (Qualifications based Selection Process with the following results: FIRM LOCATION RANK AKM Consulting Engineers Irvine 1 Civiltec Engineering Monrovia 2 Stetson Engineers West Covina 3 The proposals received were evaluated on the basis of the firm's understanding of the scope of work identified in the Request for Proposal, the professional qualifications and reputation of the project manager and project staff, specific experience of the firm and project staff relating to the preparation of municipal water master plans, the satisfaction of former and current clients, and the proposed schedule and fee proposal. Of the proposals reviewed, staff considers AKM Consulting Engineers to be the most qualified firm to perform this work. Therefore, staff recommends that the City Council authorize the City Manager to enter into a professional services agreement with AKM Consulting Engineers in the amount of $62,030 for the 2007 Water Master Plan Update. Page 2 of 3 Mayor and City Council December 5, 2006 ENVIRONMENTAL IMPACT: The Water Master Plan Update project involves the collection of data, research, and resource evaluation activities that do not result in a serious or major disturbance to an environmental resource. It will be the gathering of information for the purposes of developing a plan for future action which the City Council has not yet approved, adopted, or funded and therefore qualifies under CEQA Article 19, Section 15306 as a Class 6 Categorical Exemption. FISCAL IMPACT: $75,000 is included in the 2006 -07 Capital Improvement Program for the update of the existing Water Master Plan. The proposed fee of $62,030 is within this budgeted amount. RECOMMENDATIONS: 1. Award a Professional Services Agreement in the amount of $62,030 to AKM Consulting Engineers for professional services for the preparation of the 2007 Water Master Plan Update 2. Authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney Approved: PM:LT:KH:dw Attachments W"-9 William R. Kelly, City Manager Page 3 of 3 f I�ex��rn.f A�fwlf.INf STAFF REPORT Public Works Services Department DATE: TO: FROM: SUBJECT: SUMMARY December 5, 2006 Mayor and City Council Pat Malloy, Public Works Services Directorl Prepared by: Lubomir Tomaier, Principal Civil Engineer Mark Rynkiewicz, Associate Civil Engineer As part of the City's Street Maintenance Program, the Public Works Services Department is preparing to repair damaged sidewalks and curb and gutter along residential streets throughout the City. The street locations are illustrated on the attached location map. Additionally, as part of the City's Sidewalk Master Plan, eleven (11) Handicap Accessible Ramps will also be installed at various locations within the illustrated areas on the attached map. Staff recommends that the City Council award a contract in the amount of $245,270 to Inspection Engineering Construction, Inc. for the 2006/2007 Annual Concrete Repair Project. 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 a program to slurry seal or rehabilitate streets within the City based on a pavement condition index. As a part of the work, the adjacent damaged concrete curbs; gutters and sidewalks are scheduled for repair to correct safety and drainage problems. Handicap Accessible Ramps will also be installed as part of this project. Work for this project is included in the 2006/2007 Capital Improvement Program under the Annual Asphalt and Concrete. Page 1 of 2 Recommendation: Approve Mayor and Council December 5, 2006 Notices inviting bids were published in the adjudicated paper and bid packages were distributed to area contractors. The following five (5) bids were received on November 14, 2006: Bidder Location Bid Amount Inspection Eng. Const, Inc. Costa Mesa $245,270 CS Legacy Const, Inc. Chino $271,737 E.C. Construction Co. South El Monte $289,202 Damon Construction Co. Cypress $296,080 Nobest Construction Westminster $406,000 Staff has reviewed the bid documents for content and has investigated the Contractor's background and recent projects for competency. It is staffs opinion that the Inspection Engineering Construction; Inc. can satisfactorily perform the work required and recommends that the City Council award a contract , in the amount of $245,270 to Inspection Engineering Construction, Inc. for the 2006/2007 Annual Concrete Repair Project. ENVIRONMENTAL ANALYSIS This project is categorically exempt per Section 15302 (c) replacement from the requirements of the California Environmental Quality Act. FISCAL IMPACT As part of the 2006/2007 Annual Asphalt and Concrete Program, $600,000 is budgeted for slurry seal and concrete repairs to curb, gutters and sidewalks and $25,000 for the sidewalk access facilities. RECOMMENDATIONS Award a contract to Inspection Engineering Construction, Inc. in the amount of $245,270 for the 2006/2007 Annual Concrete Repair Project. 2. Waive any informality in the bid or bidding process. 3. Authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. (��jf APPROVED: IWJA William R. Kelly, City Manager PM:LT:MR Attachment Page 2 of 2 2006 -2007 ANNUAL COK]r.RFTF RFPAIR . . ..' MAMIDI I H r J � c � $ POR6T�fl �lgoro STAFF REPORT Development Services Department December 5, 2006 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director SUBJECT: Professional Services Agreement - specialty inspection services for the construction of Fire Station 105 Recommendation: Authorize the City Manager to enter into a Professional Services Agreement with Converse Consultants in the amount of $41,110 for specialty inspection services SUMMARY In July 2006 the City Council authorized the City Manager to enter into a professional services agreement with ARC Engineering for specialty inspection services for construction of Fire Station 105. ARC subcontracted this work to others, which is permissible, and the services the City has received for this work have not been satisfactory. Therefore, pursuant to the City's agreement with ARC they were given notice that the contract was being terminated. To replace ARC Engineering, staff is recommending that the City contract with Converse Consultants to provide the needed services. Converse submitted a proposal to provide these services as part of the Request for Proposal process for the work originally, and the City did award a contract to Converse to provide the geotechnical services only; not for specialty inspections. DISCUSSION Certain specialty inspection services are required during the construction of Fire Station 105 onSanta_Anita Avenue.. These include inspections on concrete, welding, structural steel and masonry. These inspections are not only very time consuming because the specialty inspector must be on -site during the actual work, but also involve a level of expertise that the City does not maintain in -house in all cases. Therefore, for these types of inspections the City typically contracts for this work on City projects (on private projects the specialty inspector is paid by the contractor or developer but is independent and reports to the City). Mayor and City Council December 5, 2006 Page 2 In the spring of 2006 the City solicited proposals for this specialty inspection work and the City Council awarded a contract to ARC Engineering on July 18, 2006 to provide these services based on their experience and other work they have provided to the City. Unfortunately, since the construction started there have been some problems with the timeliness of some of ARC's work even though they were informed about these problems and given an opportunity to correct them. However, difficulties continued and staff terminated the contract with ARC. Converse Consultants also submitted a proposal last spring to provide specialty inspection services for the project, in addition to their proposal to provide geotechnical services. They are a well - qualified firm to do the work and have provided similar services to the City on other projects and performed responsibly. Staff is confident that they can assume responsibility for the specialty inspection work on the Fire Station even though the project is already underway. FISCAL IMPACT Funds were budgeted in the project budget for specialty inspection services; the actual amount needed is ultimately dependent on the number of hours that the inspector must spend on the job site since the inspection work is billed on an hourly basis. The original anticipated amount for the work with ARC was $37,000 ($15,000 has been expended to date). Based on the progress of the job to date, staff believes that the remaining inspection work will cost approximately $41,110, which is more that the original estimate for the ARC services. Overall it appears at this time that a total of $55,110 will be needed for inspection services. The higher amount can be attributed to slower progress on some of the work to date and a somewhat higher hourly billing rate for Converse. The anticipated increased amount is available in the project contingency budget. RECOMMENDATION Authorize the City Manager to enter into a professional services agreement with Converse Consultants for specialty inspection services in the amount of $41,110 for construction of Fire Station 105. Approved: nI William R. Kelly, City Manager AR A f�c0 Pont T$��0o6 STAFF REPORT Development Services Department DATE: December 5, 2006 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director Philip A. Wray, City EngineeRIP Prepared by: Rafael Fajardo, Assistant Engineer SUBJECT: Award Contract — Flashino Beacon Pedestrian Crosswalk Installation on Duarte Road East of Baldwin Avenue. Recommendation: That the City Council authorize the City Manager to enter into a contract with California Professional Electric in the amount of $62,690.69 for the Flashing Beacon Pedestrian Crosswalk Installation on Duarte Road East of Baldwin Avenue SUMMARY As part of an effort to promote livable neighborhoods and pedestrian safety facilities, the City proposes the installation of an "Overhead and In- Pavement Flashing Lights Crosswalk Warning System ". These systems are growing in interest for communities promoting pedestrian and traffic safety at crosswalks. Staff has selected the crosswalk on Duarte Road approximately 600 -feet east of Baldwin Avenue as the highest priority crosswalk in the City. A location map of the project area is attached for reference. The project was approved in the 2006/07 fiscal year Capital Improvement Program. It was advertised and bids were opened on November 21, 2006. California Professional Electric submitted the successful low bid in the amount of $62,690.69. Staff recommends that the City Council award a contract for the Flashing Beacon Pedestrian Crosswalk Installation on Duarte Road East of Baldwin Avenue, BACKGROUND The City recently prepared an inventory of its uncontrolled and /or mid -block cross- walks. The top five locations were selected as a result of observed pedestrian activity for further evaluation. Based on the traffic volumes and random pedestrian counts, it was determined that the crosswalk on Duarte Road east of Baldwin Avenue is the most active mid -block crosswalk in the City. Therefore, it was selected as a candidate for the Staff Report Award Contract December 5, 2006 Page 2 installation of an "Overhead and In- Pavement Flashing Lights Crosswalk Warning System ". The benefit of this project is to promote traffic safety for pedestrians by using traffic control devices that command the attention of drivers. DISCUSSION The project was originally planned and budgeted as a complete Overhead and In- Pavement Flashing Lights Crosswalk Warning System and scheduled installation for spring 2007. The project consists of amber flashing lights and two amber flashing lighted signs on an overhead mast arm, and amber flashing lights embedded in the pavement on both sides of the existing crosswalk, oriented toward oncoming traffic. Unfortunately, the embedded in the pavement portion of this project conflicts with two other road construction projects occurring on Duarte Road. The first is the Underground Utility District Project, which is currently under construction by Southern California Edison with a tentative completion date of June 2007. The second is the City of Arcadia's Duarte Road Pavement Rehabilitation Project, which is scheduled for construction in July 2007. Because of the conflicts in street work, City staff decided to move forward with the crosswalk project in two phases. Phase One is the installation of Flashing Beacon Poles (overhead lights on mast arms and poles) including signs, electric service connection and handicapped ramps. Phase One will take place prior to the installation of the underground electric conduit by Southern California Edison and is expected to be completed by June 2007. Phase Two will be the installation of In- Pavement Flashing Lights. The timing of Phase Two will be dependent on the Duarte Road Pavement Rehabilitation Project and is expected to go to construction in the summer of 2007. The approximate cost for Phase Two is $35,000.00 Prospective contractors received plans and specifications. Qualified bids were received from five contractors with the following results: Bidders Amount California Professional Electric $62,690.69 TDS Engineering $63,375.00 Freeway Electric $67,670.00 Terno, Inc $69,898.00 CSI Electrical Contractor, Inc $72,000.00 _ Staff Report Award Contract December 5, 2006 Page 3 Staff has reviewed the bid documents for content, and has investigated the low bidder's background and recent projects for competency. Staff has determined that California Professional Engineering can satisfactorily perform the required work. ENVIRONMENTAL ANALYSIS The project is categorically exempt per Section 15301 class 1(d) from the requirements of California Environmental Quality Act (CEQA). FISCAL IMPACT Funds were budgeted in the 2006 -2007 Capital Improvement Program in the amount of $100,000.00 for this Lighted Pedestrian Crosswalk/Flashing Beacon. Funds are available to cover the contract cost, inspections, and contingencies. RECOMMENDATION That the City Council authorizes the City Manager to enter into a contract with California Professional Engineering in the amount of $62,690.69 for the Flashing Beacon Pedestrian Crosswalk Installation on Duarte Road east of Baldwin Avenue. Approved By: " WILLIAM R. KELLY City Manager DP: PAW: RF: pa Attachment LOCATION MAP 1 / Y � I � y 1 1 { x { ��if � xR•1 . �. m :J E f s 11y, ;eh 4 ot r �! f f � I 11 � � k s + � r 35 !! r ! �! f ! 1. ' PL 6 ' q* f t' Zz Y , ' 01 f n _ii '' � '` t • w V IA n� r A sf =� . — - > Ju l .y'!,'1, , 11 a•y., 1f /� T�;r .-� t ,/ �, � �-`. ,- fit S 5 w e- s zo r Z .ti she s . 0 , Ff 9 gg 1� L k i { S Ij m y ( N .1 � � rif �� •'y �! W a r a t 1 qg yam :. 1 ' lip . � � t IA, U / df t 9 V vA,a STAFF REPORT Fire Department DATE: December 5, 2006 TO: Mayor and City Council p FROM: David R. Lugo, Jr., Fire Chief,GPi7( By: Kurt Norwood, Battalion Chief SUBJECT: RECOMMENDATION TO PURCHASE 12 -LEAD EKG EQUIPMENT FROM MEDTRONIC IN AN AMOUNT NOT TO EXCEED $51,000 FOR THE UPGRADE OF FIRE DEPARTMENT EMT EQUIPMENT Recommendation: Approve SUMMARY The Fire Department wishes to purchase Emergency Medical Service equipment using Measure B funding granted by the Los Angeles County Board of Supervisors to purchase three (3) 12 -Lead EKG units and related training. Staff recommends that the City Council appropriate $51,000 from the Equipment Replacement Fund and to authorize the purchase of three (3) 12 -Lead EKG Units and necessary equipment and training from Medtronic in an amount not to exceed $51,000. All approved expenditures will reimbursed from Measure B funds. BACKGROUND The Board of Supervisors for the Los Angeles County Heath Services approved the ST Elevation Myocardial Infarction (STEMI) Receiving Center Program on September 5, 2006. This program is funded by $4 million in Measure B Trauma Assessment (TPA) funding on -time only to reimburse the paramedic service provider agencies for the purchase of 12 -Lead electrocardiograph (EKG) machines and training of paramedic and emergency medical technician (EMT) personnel on the use of 12- Lead EKG machines. A goal of this program is to promote identification of 9 -1 -1 cardiac patients experiencing a STEMI in the pre - hospital setting and the subsequent transportation to an approved STEMI Receiving Center hospital (Methodist Hospital of Southern California is in the final stages of approval from Los Angeles County for the STEMI designation) for definitive diagnosis and treatment. Mayor and City Council Page 2 In conjunction with this program, the City of Arcadia Fire Department has been granted approval for reimbursement of the costs associated with purchasing three (3) 12 -Lead EKG units and for training expenses of paramedic and EMT personnel. DISCUSSION The City of Arcadia and the Los Angeles County Board of Supervisors have executed a Cardiac Care Program Equipment Agreement ( CCPEA). This agreement was reviewed and met the approval of our City Attorney and was executed by the City Manager and Fire Chief. An existing purchasing contract (contract # 58124) exists between the City of Los Angeles and Medtronic. The City of Arcadia is able to piggyback on this purchasing agreement to procure the necessary equipment. This equipment will be purchased in accordance with the CCPEA on or before December 31, 2006 and all training will be completed prior to the June 30, 2007 deadline. In addition, the 12 -Lead equipment purchased will include transcutaneous pacing and waveform capnography capabilities which will provide the most enhanced technology available. These units will also incorporate Bluetooth technology which will allow remote transmittal of critical patient information directly to the hospital for faster reading and analysis by a cardiologist. FISCAL IMPACT The cost to purchase three (3) 12 -Lead EKG units, accessories and training will not exceed $51,000. The City of Arcadia will be reimbursed for all costs associated with this acquisition on a reimbursement basis. Upon obtaining the equipment and completing training, the City of Arcadia will submit documentation for reimbursement from Los Angeles County Heath Services. Fire Department staff recommends that $51,000 be appropriated from the Equipment Replacement Fund to setup a fund to cover the costs of this program. Reimbursement will be submitted by Fire Department staff as soon as practicable before the end of the FY2006 -07 fiscal year. Mayor and City Council Page 3 RECOMMENDATION It is recommended that the City Council 1. Appropriate $51,000 from the Equipment Replacement Fund; 2. Authorize staff to waive the normal bid process and piggyback on the City of Los Angeles current contract #58124 with Medtronic; and 3. Authorize the purchase of three (3) 12 -Lead EKG units, accessories and training from Medtronic in an amount not to exceed $51,000. Approved: --� William R. Kelly, City Manager ❑❑❑ STAFF REPORT Arcadia Redevelopment Agency DATE: December 5, 2006 TO: Mayor and City Council Arcadia Redevelopment Agency Board FROM: Don Penman, Assistant City Manager /Deputy Executive Director SUBJECT: FY 2005 -06 Redevelopment Agency State Controller, State Housing and Community Development Blight Removal Progress, Loan and Property Reports Recommendation: Receive and File SUMMARY California Redevelopment Law requires the preparation of an annual report on an Agency's financial transactions, including an audit and a detailed report on the Agency's activities in low /moderate income housing for the previous fiscal year (2005 -06). These reports have been completed by the Agency's auditor, Caporicci & Larson for FY 2005- 06 and will be transmitted to the State in late December 2006. The Health & Safety Code Section 33080.1 also requires that in addition to the routine annual audit report, three additional annual reports be presented to the Redevelopment Agency Board within six (6) months after the- end of each fiscal year (December 31, 2006). The three reports are: Blight Progress Report specifying the Agency's progress in alleviating blight during the previous fiscal year. 2. Loan Report identifying any loans made by the Agency that are $50,000 or more and which are in default or not in compliance with the terms of the loan. 3. Property report describing properties owned by the Agency and those acquired in the previous fiscal year. Staff is recommending that the City Council and Agency Board receive and file the Redevelopment Agency State Controllers Report, State Housing and Community Development Report (as transmitted to the State Controller and the State HCD), Blight Removal Progress Report, Property Report and Loan Report. Mayor and City Council /Agency Board December 5, 2006 Page 2 The Agency annually submits a detailed report on the status year's finances on forms provided by the State Controller. Caporicci & Larson, prepared this years report. In addition, t the Annual Report was prepared by both Caporicci & Larson City and Agency staff (housing projects /programs). of the Agency's previous The Agency's audit firm, he housing component of (financial section) and a The reports will be transmitted to the State via the Internet and are available for review in the offices of the Development Services Department. The Health & Safety Code Section 33080.1 also requires that three additional reports be presented to the Redevelopment Agency Board within six (6) months after the end of each fiscal year. These reports include the following: 1. Blight Progress Report specifying the Agency's progress in alleviating blight during the previous fiscal yea. 2. Property Report describing the properties owned by the Agency and those acquired in the previous fiscal year. 3. Loan Report identifying any loans made by the Agency that are $50,000 or more and which are in default or not in compliance with the terms of the loan. These reports are attached as Exhibit A. FISCAL IMPACT . The Report and audit must be submitted to the State by December 31, 2006 to avoid a potential financial penalty. RECOMMENDATION That the Arcadia City Council and the Redevelopment Agency Board receive and file the Redevelopment Agency State Controller, State Housing and Community Development, Blight Removal Progress, Loan and Property Reports for FY 2005- 06 and direct staff to transmit the reports to the State by December 31, 2006. Approved by: n"°"=1 William R. Kelly, City Manager /Executive Director Exhibits: Blight Progress Report, Loan Report and Property Report FY 2005 -06 Arcadia Redevelopment Agency HEALTHAND SAFETY CODE §33080.1 o ALLEVIATION OF BLIGHT o LOANDEFAULT REPORT o PROPER TYLISTING L HEALTH AND SAFETY CODE §33080.1(d) ALLEVIATION OF BLIGHT For FY 2005 -06, the Arcadia Redevelopment Agency worked on the following programs /projects to assist in the alleviation of blight in the Central Downtown Project Area: 1. Agency staff worked towards implementation of the Land Assembly and Development Agreement that was approved by the Agency on January 4, 2005. The Agreement provides that the Agency will assist in the acquisition of properties adjacent to or near the existing Rusnak Mercedes Benz dealership, which properties will be sold to the Rusnak Group. During FY 2005 -06, specific activities on the project included updating property appraisals, making offers to property owners for acquisition of properties, and conducting negotiations with property owners. 2. During FY 2005 -06, the Agency approved three (3) commercial fagade projects in the project area totaling $96,912. Specific improvements included new signage, renovated fagades with new awnings, new windows and improvements to the parking lots. II. HEALTHAND SAFETY CODE ¢33080.1(e) REPORT ON ALL LOANS INDEFAULT The Arcadia Redevelopment Agency has no loans in excess of $50,000 that are in default from the previous fiscal year or that are not in compliance with the terms of any loan approved by the Agency. III HEALTH AND SAFETY CODE 633080.1(fl PROPERTYLISTING The Arcadia Redevelopment Agency owns two parcels of land in the downtown area. The Agency did not acquire any new property during FY 2005 -06. Property List: APN Address City, State Current Use T5773-014-912 119 Alta Street Arcadia, CA parking lot 2 5773- 014 -913 121 Alta Street Arcadia, CA parking lot w Callfornla Redevelopment Agencies - Fiscal Year 200&2006 Status of Low and Moderate Income Housing Funds Sch C Agency Financial and Program Detail ARCADIA RDA Beginning Balance Adjustment to Beginning Balance Adjusted Beginning Balance Total Tax Increment From PAM 6844,302 Total Receipts from PA(s) Other Revenues not reported on Schedule A Sum of Beginning Balance and Revenues $2,513,449 $0 $2,513,449 $909,125 $0 $3,422,574 Item Subhem Amount Remark Property Acquisition Other - $111,257 Administre6ve Expenses Subtotal of Property Acquisition $111,257 Total Expenditures $111,257 Net Resources Available $3,311,317 Indebtedness For Setesides Deferred $4,045,715 Other Housing Fund Assets Category - Amount Remark Total Other Housing Fund Assets - Sum of Current and 3 Previous Years' Tax Increments $2,939,254 Adjusted Balance 62,328,609 Excess Surplus for next year $0 Net Resources Available $3,311,317 Unencumbered Designated $0 Page 1 of 2 11122106 Total Fund Equity $7,357,032 200112002 $522100 2002/2003 $648727 sum of 4 Previous Years' Tax *nor Year Ending Unencum Excess Surplus for 200312004 $812894 Increment for 200512006 200512006 200412005 $633331 $2617052 $2,513,449 $0 Sum of Current and 3 Previous Years' Tax Increments $2,939,254 Adjusted Balance 62,328,609 Excess Surplus for next year $0 Net Resources Available $3,311,317 Unencumbered Designated $0 Page 1 of 2 11122106 Calitomia Redevelopment Agencies - Fiscal Year 2005/2006 Status of Low and Moderate Income Housing Funds Sch C Agency Financial and Program Detail ARCADIA RDA Unencumbered Undeslgnated Total Encumbrances Unencumbered Balance Unencumbered Balance Adjusted for Debt Proceeds Unencumbered Balance Adjusted for Lend Sales Excess Surplus Expenditure Plan Excess Surplus Plan Adoption Date $2,328,889 $982,708 $2,328,809 $0 50 No Site improvement Activities Benefiting Households _ Income Level Low Very Low Moderate Total Construction 0 0 0 0 Rehabilitation 0 0 0 0 Health and Safety Hazard 0 0 0 0 Land Held for Future Development site Name Num Of Zoning Purchase Estimated Acres Date Start Date Remark Use of the Housing Fund to Assist Mortgagors Income Adjustment Factors Requirements Completed Home - $ Hope $ Non Housing Redevelopment Funds Usage Resource Needs LMIHF DepositslWithdrawls Document Document Custodian Custodian Copy Name bate Name Phone Source Achievements Description I Page 2 of 2 11122106 I a §/ $ | ®� Eq �� 2� E. a 2 � & ` a,@ �! ■!! �• �■ !k ! !� f$ J � �k$ a A # § § � \ ■ �& ( moo■ 2 K k \ 'a k $ � ) .. § & � � - $ I� !f® } K k \ 'a k $ � ) .. § & � C Sc 9 8 a g K J Y Q � SS C c 2 L a °O ¢ �N m C p E ci L U E o� @@@@ a� a a� ti Y s s � 6 I Q a N N p H N p �7 N �l a a M N N N R R] ti � WW lu N N M � o y M :i H O N a w M N N Li r 1� u i r O d California Redevelopment Agencies - Fiscal Year 200512006 Project Area Contributions to Low and Moderate Income Housing Fund Sch A Project Area Financial Information Agency ARCADIA RDA Address PO BOX 60021 ARCADIA CA 91086 -6021 roject Area CENTRAL REDEVELOPMENT PROJECT -- -- --- --_------------ - - Type: Inside Project Area Status: Active -__- Plan Adoption: 1974 Plan Expiration Year 2015 Gross Tax Calculated Amount Amount Amount Total % Cumulative Increment Deposit Allocated Exempted Deferred Deposited Dot. $3,792,624 $758,525 $844302 $0 $0 5844,302 22.26% $4,045,715 Repayment s0 Category Interest Income $64,823 Total Additional Revenue $64,823 Total Housing Fund Deposits for Project Area $909,125 Agency Totals For All Project Areas: Gross Tax Calculated Amount Amount Amount Total % Cumulative Increment Deposit Allocated Exempted Deferred Deposited Del. $3, 792, 624 $758,524.8 $844302 $0 $0 $844,302 22% $4,045,715 Total Additional Revenue from Project Areas $64,823 Total Deferral Repayments: $0 Total Deposit to Housing Fund from Project Areas: $909,125 Page 1 of 1 11122106 Cal7/omis Redevelopment Agencies - Fiscal Year 2005/2006 Sclr AIS Project Area Program 1Mormatlon ARCADIA RDA rojectArea: CENTRAL REDEVELOPMENT PROJECT FUTURE UNIT CONSTRUCTION-------------------------------- Estimated Execution Completion Contract Name Date Date Very Low Low Moderate Total Trademark 06/06/06 01/24/08 0 0 6 6 Page 1 or 1 11122/06 REDEVELOPMENT AGENCIES FINANCIAL TRANSACTIONS REPORT COVER PAGE Arcadia Redevelopment Agency Fiscal Year: 2006 ID Number: 13981902300 ubmitted by: Signature --- Ir a c x t 1„ . H� Name (Please PWnt) (,;L - k rrq Title I Z -- Date Per Health and Safety Code section 33080, this report is due within six months after the end of the fiscal year. The report is to include two (2) copies of the agency's component unit audited financial statements, and the report on the Status and Use of the Low and Moderate Income Housing Fund (HCD report), To meet the filing requirements, all ponions must be received by the California State Controller's Office. To file electronically: 1, Complete all terms as necessary. 2. Transmit the completed output file using ti File Transfer Protocol (FTP) program orvio diskette. 3. Sign this cover page and tnwf m either address below with 2 audits and fie HCD report. To file a paper report: I Complele all tennis as necessary 2. Sign This covet page, and mail complete repon in either aactress belowwith 2 audits and the Hr-6 report. Peron vAll not be considered tiled until receipt of this signed cover page. Mailing Address: State Controller's Office Division of Accounting and Reporting Local Government Reporting Section P, 0. Box 942850 Sacramento, CA 94250 Express Mailing Address: State Controller's Office Division of Accounting and Reporting Local Government Reporting Section 3301 C Street, Suite 700 Sacramento, CA 95816 d N C O' u C N r C w r C' N. d .� O � C N � C A r, a) a `F Q m 4U =a w 0 e rn a" N E C C U O N O � U m c m c c O - O O m . 0 g - a m ro � a L � G � N u 0 > o 4 V � a . a m V d r Q Y g a d E .O .O .O .O .O L .O Y U V N d d m B d 'R z L L E U En � � Sc r 2 `G YG �d � � w ) U d 0 e rn a" N E C C U I N C O a $ m i N N.. 9 n� � E o p cc _N O C � C � C O m p d L a c n E . u c t w I S N a m 0 1 2 v 6 0 5 K 0 .V .. d .. m m u w m c U v NN 0 Cl y'.a q C7 Q U c d in g a T a 'u u o v woo v Un =lU m 0 1 2 v 6 0 5 K N a 8 (r v 4 a 0 ui N m s i0 N a rL d m K g a w 4 y n u, ¢ma is c> N C p a N o .0 a gg b AM m o N a d ov �` a O O d O 0 2 W O C C M o 0 U `C7 N d ID d N c a O. 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O - d y, U b is O v M w o � O > ar -�- ;g a os LL 3 ' � c to d a`, d z N C, ro v CL m ❑ O . I'. a n K b m N w m s 2 Q1 m L ° N G os a U t O 0 m v N t� m DATE: December 5, 2006 TO: Mayor and City Council FROM: William R. Kelly, City ManagertQQ��(r By: Linda Garcia, Communica ions, arketing and Special Projects Manager SUBJECT: POLICY DIRECTION REGARDING PEAFOWL Recommendation: Set policy and provide direction to staff SUMMARY Several residents living in the college district of Arcadia have contacted the City about their concern over the large number of peafowl living in the neighborhood. These residents have asked that something be done to alleviate the problems caused by the birds (specifically noise, damage to landscaping and debris). The subject of peafowl is not new to the City Council. In fact, it has been discussed a number of times in the past with the end result being that a hands -off policy should be maintained and public education used to reinforce to residents that they should not feed the birds or otherwise attract them to their property. In light of the comments recently received by residents relative to the disruption they are experiencing because of the peafowl, staff is bringing this matter to the City Council at this time to discuss possible alternatives and to request that a current policy be determined. BACKGROUND Rather than reiterating all of what has taken place in the past, we have attached a copy of the August 16, 2005 staff report that provides a good overview of the subject. As a result of the discussion that took place at that City Council meeting, 'The Feeding Of Peafowl Is Prohibited" signs (graphic of the sign is attached) were installed in affected neighborhoods and an updated peafowl brochure was mailed to approximately 1,500 homes. Other than supporting public education efforts, no further action was taken by the City Council. Office of the City Manager Mayor and City Council - policy direction regarding peafowl December 5, 2006 Page 2 DISCUSSION Before beginning the discussion of alternatives for dealing with the peafowl, it is worth noting that the City Council and staff are well aware of the historical role of the birds to Arcadia and of their value to our quality of life. After all, there are not too many places in this country where a person can see peafowl walking freely down the street. We do not believe it is anyone's intention to harm the birds or to remove all of them from the City. However, there does come a point in time when the continued proliferation makes it a significant problem for some residents. If everyone adhered to not feeding the birds on public or private property, there would perhaps be some reduction in the numbers in the long -term. On the other hand, because of Arcadia's lush landscaping there is an abundance of food and water available in our neighborhoods and as long as this is the case, we will remain an attractive home to the peafowl, whether or not people intentionally put out food. The census conducted in 2002 estimated that there were approximately 228 to 250 peafowl in the City based upon the number of birds that could be viewed from a public street. The company that did the census did not go on private property and therefore was not able to observe the peafowl in backyards. Although we have not officially "counted" the birds since that time, it is clear that this number is at a minimum the same and more likely has increased somewhat. Going through the college district in the early morning hours, it is not uncommon to see 30-40 or so peafowl sitting in trees with others on yards, sidewalks and in the street. As part of our work on this subject, staff contacted other cities that have a peafowl population to get their comments, insight and suggestions. No new information was received at this time. There are a couple of cities that have a management program in place. These programs consist of trapping and relocating the peafowl within their respective cities. This is one of the options presented later in this report, however, it is worth keeping in mind that these cities are dealing with peafowl populations that are significantly smaller than the population in Arcadia. For example, the peafowl population in the cities that staff contacted ranged from approximately 15 to 45 birds. Here in Arcadia, the peafowl population is probably more than 300 birds. Another alternative that came to mind was some type of birth control or sterilization program. The theory here would to be to ultimately reduce the population through the use of birth control. As was the case last summer, this continues to be a difficult activity on which to obtain information. As of the time this report was written we were unable to find substantive information about what types of drugs would be available, how they would be administered on a large -scale basis, if administration would be by way of a pill or food substance, and whether use of these drugs would be safe for use in areas where it could potentially be ingested by people. i Mayor and City Council - policy direction regarding peafowl December 5, 2006 Page 3 POSSIBLE COURSES OF ACTION A. Stay with the current policy of letting the peafowl exist as is and continue public education efforts through the availability of a brochure, occasional special mailings and articles in City publications. Continuing this approach will do little to change the current situation. Some residents intentionally attract and leave food out for the peafowl and based on previous experience, they are likely to continue to do so. Public education can serve as a reminder, but when it is information only and there is no consequence, it usually does not change behavior. Without interference the number of birds may increase over time, as may the associated problems. B. Adopt an ordinance forbidding persons from attracting peafowl onto private property. This law would prohibit the feeding of peafowl on private property and from doing any other activity that would constitute an attraction or enticement to peafowl. A person would be able to feed or offer food if it is necessary to maintain the health of an injured peafowl between the time of notification to the Humane Society and the time of pick -up. Completely stopping the feeding of peafowl on private property would likely be of some help in reducing the population in the long term. in the areas where residents are putting food out for the birds it may reduce the number of birds that congregate in the area. As mentioned above however, Arcadia homes are wonderfully landscaped and even if there is no food left out specifically for them, there is still plenty of vegetation for the birds to eat. This restriction would not cause a change in the number of peafowl /problems in the near future, but it could be of some use in the future. Practically speaking, adopting an ordinance of this type is more of an inducement for residents to not feed the birds than a true deterrent. That is, it is hoped that the possibility of being fined for such an action would. be enough to make a person think twice before putting food out or otherwise attracting the peafowl. Enforcing the ordinance will be difficult. To criminally cite an offender for a violation of the ordinance, the best evidence would be for a Police Officer to observe the person physically put food out for the peafowl, even if they are doing so in their backyard. While possible, it would be considerably more difficult to obtain a conviction for violating the ordinance based merely upon observation of food products being present in the person's yard. Alternatively, a person can make a citizen's persons arrest if they see someone taking actions that have the effect of attracting peafowl if they are willing to sign the appropriate documentation and potentially go to court to testify in the prosecution of the case. Just as a point of reference, youngsters under the age of 14 cannot be prosecuted. Mayor and City Council - policy direction regarding peafowl December 5, 2006 Page 4 Putting food out for peafowl can be done very quickly, in a matter of minutes. The probability that a Police Officer would view this action is low, especially if it is done on a part of the property that is out of view from the public street (e.g. a side or rear yard). The practicality of having staff free to "sit and wait" in an area to catch someone feeding the birds is also very low. Moreover, specifically assigning public safety staff to this duty is not the best use of resources. A City Code violation may be classified as either an infraction or a misdemeanor, as determined by the City Prosecutor (City Attorney). The penalty may be a fine, sentence to time in County jail or a combination of both. C. The California Penal and Civil Codes can be used to prosecute a public nuisance case against a person or persons who are taking actions that "...are injurious to health, is indecent or offensive to the senses, an obstruction to the free use of property so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons..." A nuisance is considered a public nuisance when it affects, at the same time, an entire community, a neighborhood or a considerable number of persons. The nuisance created by the attraction of peafowl could be considered a public nuisance because the potential health hazards and noise created by the presence of the animals affect a neighborhood /considerable number of people. Civil nuisance abatement does not require a Police Officer to actually see the person attract the peafowl, but it does require substantial documentation in order for the prosecution to be successful. This documentation would include such things as proof that the action has taken .place on multiple occasions, photographs, video, statements from neighbors, statements from Code Services Officers and /or Police Officers. In addition, prosecution of a civil nuisance abatement would take considerably longer than criminal prosecution and would, therefore, result in greater cost to the City. A finding by the Court that a person is maintaining a public nuisance could result in injunctive relief from the Court in the form of an order requiring the person to cease his or her actions that are attracting the peafowl, and possibly an award of attorney's fees incurred by the City in prosecuting the case. D. Initiate a peafowl management program (similar to what is done in Palos Verdes and La Canada Flintridge) that would include such things as deciding a population level (citywide or by neighborhood) inclusive of an approximate number of males and females, conducting a survey every two years and if; after the census it is determined that the flock exceeds the desired number, the excess birds would be trapped and an attempt would be made to relocate them either inside or outside the City. F � Mayor and City Council - policy direction regarding peafowl December 5, 2006 Page 5 This option may work in cities where the numbers are small, but it would be more difficult here. There is no formula or standard for determining an appropriate number of peafowl for the City; it is strictly subjective. Some would say that the appropriate number is 0 as the birds are a free species and not endangered. Others would say that given the peacock's history in Arcadia and status as the official bird, we should endeavor to keep a certain number here forever. Still others would say that having the peafowl in the Arboretum is fine, but not in residential neighborhoods. Counting and relocating a large number of birds every few years would have an ongoing cost and is not an exact science. Relocation is difficult as well. Further, emotions run high on both sides when the discussion turns to peafowl and this type of program would bring the subject to the forefront of the community on a regular basis. This is worth mentioning because the conversation has been known to become intense and on occasion has pitted neighbor against neighbor. Option D is presented as an alternative, but staff does not recommend that we move in this direction. E. Trap and relocate up to 100 birds from the college district of the City to Wilderness Preserve. A one -time 30 -day trap and relocate program for up to 100 peafowl within the City would cost $6,500.00. Walk -in traps would be used and the birds would be taken and released at Wilderness Preserve. Due to their experience in this type of work and in Arcadia, if the City Council pursues this option staff would recommend using Animal Pest Management Services, Inc. With regard to relocation, a couple of options have been discussed by staff and concerned residents. These options include moving the birds to other residential neighborhoods or to the Public Works Service Center. Moving the birds to another neighborhood is not particularly fair, as the people who live there did not buy their home knowing peafowl inhabit the area, whereas those living near the Arboretum, and specifically the college district, did. The positive side of taking the peafowl to Goldring Road is that there would be little or no impact on residential neighborhoods. The downside is that that area has much less vegetation for the birds to feed on and as a commercial zone there are many more vehicles driving the streets and at higher speeds than what they would travel in a residential area. Please note that implementation of a trapping and relocation program would subject the City to the requirements of the California Environmental Quality Act (CEQA) because it is a discretionary action on the part of the City that will cause a direct physical change to the environment. The type of environmental document that would need to be prepared can only be determined after the program details are developed and an initial study is prepared to analyze the potential environmental impacts. Mayor and City Council - policy direction regarding peafowl December 5, 2006 Page 6 One final note on this alternative is to make mention that trapping and relocating peafowl will not go un- noticed by the community and given the strong feelings residents have about the birds there may well be some public outcry or negative media coverage. FISCAL IMPACT All of the options presented in this report have some monetary impact. The extent of that impact can only be determined after a course of action is selected. In the case of prosecuting a Code violation or pursuing civil nuisance abatement, the cost will only be known at the time the action is taken. RECOMMENDATION It is recommended that the City Council establish a current policy on peafowl and /or direct staff as to any further action that should be taken. Attachments: August 16, 2005 staff report Graphic of peafowl sign STAFF REPORT Office o DATE: August 16, 2005 TO: Mayor and City Council �� g� FROM: William R. Kelly, City Manager R 11A�1 By: Linda Garcia, Communications, Marketing and Special Projects Manager SUBJECT: PEAFOWL Recommendation: Provide direction SUMMARY In response to comments made by residents at the July 19, 2005 City Council meeting, staff was directed to prepare a report discussing "peafowl in Arcadia" and offering alternative courses of action for the Council's consideration. It is recommended that the City Council establish a current policy on peafowl and /or provide direction as to further action staff should take. BACKGROUND Every so often, particularly during mating season (early spring to early autumn), the City receives calls from residents who are unhappy about sharing their neighborhood with peafowl. In general, the most common complaints are about the noise the birds make, the debris they leave and the damage they do to landscaping. To be fair, it should be noted that while there are people who do not appreciate living with peafowl, in terms of contact with the City there are just as many people (actually probably more) who have come to terms with the birds and appreciate the unique aspect they bring to life in Arcadia. The City's policy for many years has been to take a "hands -off' approach in dealing with peafowl. That is, we do not trap, relocate or otherwise handle the birds. For those who are interested in deterring the peafowl from visiting their homes, the City has made available to the public an informational brochure on the habits of peafowl and their likes and dislikes. Mayor and City Council - peafowl August 16, 2005 Page 2 In terms of the Municipal Code, there are two sections that may be used to address peafowl. Section 4137 states: "No person shall feed or make any food or edible thing available to any animal or fowl in, on, or upon any public street, sidewalk or parkway." Section 4139.1 states: "The keeping of birds or animals including household pets, except as otherwise prohibited by any provision of this Code, is hereby declared to be only permissive and to be at all times subject to the continuing regulation and control by the City. In no event shall any bird or animal be kept or maintained by any person at any location or in any manner or quantities so as to unreasonably disrupt or disturb the peace and quiet of any person or to interfere with the reasonable use of property or enjoyment of life by any person, or unreasonably to cause damage, destruction, detriment or impairment to public or private property to the value thereof, or to cause unreasonable annoyance or disturbance to any other person or persons or to unreasonably cause offense to the senses of another person or . persons, or to jeopardize or impair the mental or physical health of any other person or persons by reason of noise, odor, filth, vermin or other causes. Section 4139.1 of the Municipal Code is relevant because even though someone may not "own" the birds, they could, in fact, be "keeping" them by providing them with food on a regular basis. Thus, to the extent the peafowl "unreasonably disrupt or disturb the peace and quiet" or otherwise create conditions that violate Code provisions, feeding of the birds is prohibited. Under this interpretation, irritated neighbors and others aggrieved by the illegal keeping of birds in violation of the Code may file a complaint with the Chief of Police. Once the Chief of Police has received three such complaints, the Chief may investigate them, but is not required to do so. Although the Code arguably allows the City to take action against those who feed the birds, it does not require the City to act. The difficulty with prosecution has to do with "ownership" of the birds (does anyone actually own them; is it the same bird or birds that they are feeding, etc.). Because ownership is most likely going to be required for a successful prosecution, prosecution for a violation of the Municipal Code would be extremely difficult. This begs the question of why try to enforce if we can't actually win in a prosecution process. More importantly, in terms of priorities, does the City Council wish to allocate Police Department staff time away form other matters to monitor possible Code violations related to peafowl? Mayor and City Council - peafowl August 16, 2005 Page 3 In terms of animal control services, the Pasadena Humane Society will pick up injured or sick birds, house them until they are healed and then try to adopt them out to an appropriate home. Additionally, if a bird is in a confined area such as a garage or house (and it is determined that the bird was not intentionally "trapped" by the resident), the Humane Society will respond and either transport it back to the shelter for possible relocation, or they will release it in another area of the City. The Arboretum has many peafowl living on its property and they also maintain a hands - off policy. The Arboretum has advised that they are not willing to accept birds from other sections of the city. Although they request that the public not feed any animals on their grounds, people do it anyway. To try to minimize the damage the birds are doing to planted areas, the Arboretum is exploring the possibility of installing feeding stations as a means to save plants that are being destroyed. Specifically, feeding stations would be used to attract the birds to less damage -prone areas. As additional background, in response to public concerns at the time, in 2002 the City hired Animal Pest Management Services, Inc. (APMS) to conduct a peafowl census. The purpose of the census was to give the City Council an idea of how many peafowl there are in Arcadia so that there was some point of reference from which to begin the discussion. Various numbers are often bantered about with regard to the birds - everything from a few hundred to thousands, depending upon an individual's point of view and their location. The peafowl census showed that in 2002 there were approximately 228 -250 peafowl. It is understood that this was not an exact count because APMS did not go on private property and therefore was not able to observe the peafowl in backyards. What they did do is on three separate days they counted birds within their line of sight, which included those on the street, sidewalk, in front or side yards, in trees or otherwise within their view. DISCUSSION Before getting into alternative courses of action, it should be mentioned that in the past, rather than managing or controlling the birds in any manner, the City has used education as the primary method of handling the peafowl situation. This education effort consisted of the distribution of a pamphlet that talks about the habits of the birds as well as their likes and dislikes with regard to landscaping and water. Staff believes that education is an important element of handling the peacock "problem." However, we need to recognize that it alone will not eradicate peafowl from Arcadia ( not that that is the goal The suggestions in the pamphlet may not work in all situations and they are considered inconvenient and /or impossible by many people who do not wish to modify their landscaping or place repellent on their property. In theory, if everyone followed the suggestions with regard to landscaping and not feeding the birds, the peacock population in residential neighborhoods would probably be minimal. In reality, this has not happened in the past and it is not likely to happen, at least voluntarily, in the future. Having said that, staff will continue to give a copy of the pamphlet to anyone who asks Mayor and City Council - peafowl August 16, 2005 Page 4 for it and we will also include information about the birds, as well as a request to not feed them, in upcoming issues of the City Newsletter and Hot Sheet. POSSIBLE COURSES OF ACTION A. Continue with the current policy of letting the peafowl exist as is and continuing public education efforts through the availability of a brochure and articles in regularly produced City publications. B. Increase the public education effort by using direct mail or a doorhanger to approximately 1500 -1700 homes in the vicinity of the Arboretum. The information sent would include a specific request asking residents to not feed the peafowl and advising them of things they can do to deter the birds from hovering in their neighborhood. Specific mention of a Municipal Code violation or criminal prosecution would be avoided because as was discussed above, enforcement on this matter would be very difficult, if not impossible. Please note that there is an as yet undetermined cost associated with this option for printing and postageAabor. C. Add a small "Do Not Feed The Peafowl" sign to some of the existing street signs in neighborhoods affected by peafowl. The sign would ideally be mounted just below the street sign and would be in a contrasting color so as to call attention to its message. Other signage options that are possible include the installation of a new pole and "Do Not Feed The Peafowl" sign at various locations. Because the number of signs would be much smaller than attaching something to some of the existing street signs, this effort would probably be less effective, but it does make a statement about the City's position on the birds. Staff also considered painting a "Do Not Feed The Pr, 'owl" graphic on the curb at random intervals, but decided against recommending this option in order to remain consistent with City policy to keep the curbs free from writing or images, except for house numbers. Please note that there is an as yet undetermined cost associated with this option. D. Hire a company to trap a certain number of birds and try to relocate them. For the sake of discussion, staff asked Animal Pest Management Services, Inc. (the company that did the census three years ago and is currently handling the City's coyote management program) to give us a proposal on the cost and procedure for trapping. For a 30 -day period, APMS will trap as many peafowl as they can for a fee of approximately $8,500.00. Prior to beginning any trapping APMS will Mayor and City Council - peafowl August 16, 2005 Page 5 try to locate a suitable home for the animals. If homes cannot be found the birds will be euthanized. When making their proposal, APMS made it clear that trapping peafowl is very difficult, as is relocation. In addition to finding people who want the birds, there are other restrictions on relocation relative to possible diseases that may be prevalent at the time. Further review will be required as to whether or not the State would impose any restrictions on the relocation of peafowl, particularly if they were to be transported out of California. E. Initiate a long -term peafowl management program, which would include such things as deciding a population level (citywide or by neighborhood — inclusive of an approximate number of males and females), conducting a census every two years and if, after the census, it is determined that the flock exceeds the desired number, the excess birds would be trapped and an attempt made to relocate them outside the City. An educational component would also be included to encourage the use of deterrents and discourage the feeding of peafowl. This option would have an ongoing cost and will also bring the subject of peafowl to the forefront of community discussion every few years. There is no formula or standard for determining the appropriate number of peafowl for the City; it is strictly subjective and up to the City Council. Some would say that the appropriate number is 0 as the birds are a free species and not endangered. Others would say that given the peacock's history in Arcadia, we should endeavor to keep a certain number here forever. Option E is provided as a possible alternative; however, staff does not recommend that the City move in this direction. F. As a possible means to keep the numbers to a reasonable amount in the future, staff briefly looked into whether or not sterilization /spay /neutering the birds is an option. Although we were not able to find a significant amount of information on this subject prior to the agenda deadline, it appears that sterilization is possible, but would be practically and logistically extremely difficult and would require a significant allocation of resources in terms of staff and funding. Option F is discussed in this report just so the Council is aware that we looked into the matter; staff does not recommend pursuing this course of action. Please note that Implementing a management program that involves trapping and relocating (and probably sterilization as well) would subject the City to the requirements of the California Environmental Quality Act (CEQA) because it is a discretionary action on the part of the City that will cause a direct physical change to the environment. The type of environmental document that would need to be prepared can only be Mayor and City Council - peafowl August 16, 2005 Page 6 determined after the details are developed and an initial study is prepared to analyze the program's potential environmental impacts. FISCAL IMPACT Other than making no changes to the current policy, all of the alternatives presented in this report have a monetary impact. The extent of that impact, and whether or not the expenditure will require City Council approval, can only be determined after a course of action is selected and the necessary research conducted. RECOMMENDATION It is recommended that the City Council establish a current policy on peafowl and/or direct staff as to any further action that should be taken.