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Home My WebLink AboutFebruary 20, 2007r (.7 - ~ NOTICE OF SPECIAL MEETING co~e°°"y ~tNoP`' ~ As authorized by Arcadia City Charter Section 408 and California Cl~ 01 Government Code Section 54956, a Special Meeting of the Arcadia City Council is hereby called to be held at the City of Arcadia Council Arcadia Chambers Conference Room, 240 W. Huntington Drive, Arcadia, Califomia at 5:00 p.m on February 20, 2007. At this Special Meeting, the following matters will be discussed, Offlce of the considered and acted upon: City Clerk 1. CLOSED SESSION a. Pursuant to Government Code Secrion 54956.9(b)(1) to J;m B~~o~„S confer with legal counsel regarding anticipated litigation: ctry ct~.~ One (1) case. b. Pursuant to Government Code Section 54957.6 to confer about labor contract negotiarions with an unrepresented employee - City Manager. Prior to going into closed session there will be time reserved for those in the audience who wish to address the City Council regarding the above items. • No further business other than the above will be considered at this meeting. Dated: February ~ ~f , 2007 ~~ Mayor the City of Arca ia PURSUANT TO THE AMERICANS WITH DISABIL,TTIES ACT, PERSONS WITH A DISABILTI'Y WHO REQUIRE A DISABILITY RELATED MODIFICATION OR ACCOMMODATION IN ORDER TO PARTICIPATE IN A MEETING, INCLUDING AUXILIARY AIDS OR SERVICES, MAY REQUEST SUCH MODIFICATION OR ACCOMMODATION FROM THE CTI'Y CLERK AT (626) 574-5455. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WITH ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILTI'Y TO THE MEETING. 240 Wut Huntingmn Drivc ~ : Post OtTitt Box 60021 ~ Arcadia, CA 91066•6021 (626) 5745455 (626)447-7524 Fax _~ ~°uF~R,, , CITY OF ARCADIA 0~~ CITY COUNCIUREDEVELOPMENT AGENCY ~ ' REGULAR MEETING , ~ r 0°'"°'~,°"'°~ TUESDAY, FEBRUARY 20, 2007 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 Membec John Wuo, Council/Agency Member STUDY SESSION PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council/Redevelopment Agency during the Public Comments period is asked to complete a"Public Comments" card available in the Council Chamber Lobby. The completed form should be su6mitted to the City Clerk/Agency Secretary prior to the start of the Closed Session/Study Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council/Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council/Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. STUDY SESSION a. Report, discussion and directio~ regarding Investment Management Services. b. Report, discussion and direction regarding the Civic Center Project. 7:00 p.m., City Council Chamber RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING TO OPEN SESSION INVOCATION First Reader, Dr. Robert Nafie, First Church of Christ, Scientist PLEDGE OF ALLEGIANCE ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: Amundson, Harbicht, Segal, Wuo and Chandler REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION/STUDY SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGERlEXECUTIVE DIRECTOR ! REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PRESENTATIONS AND PROCLAMATIONS a. Presentation of Proclamation declaring American Red Cross Month. PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council/Redevelopment Agency during the Public Comments period is asked to complete a"Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the Closed Session/Study Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council/Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council/Redevelopment : Agency from discussing topics or issues unless they appear on the posted Agenda. 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: a. REGULAR MEETING MINUTES. FEBRUARY 6. 2007. Recommended Action: Approve CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES. FEBRUARY 6. 2007. Recommended Action: Approve c. MARCH 6. 2007. Recommended Action: Adopt d. Recommended Action: e. Recommended Action: f. Recommended Action: 9• Recommended Action: h. SERVICES. Recommended Action: Approve k. Recommended Action: Approve m. APPROVE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ARCADIA AND WILLIAM R. KELLY. Recommended Action: Approve n. ADJOURNMENT The City Council/Redevelopment Agency will adjourn this meeting to March 6, 2007, 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. Recommended Action: Approve Recommended Action: Approve Recommended Action: Approve Recommended Action: Approve :, CITY COUNCIL/REDEVELOPMENT AGENCY MEETING ANNOTATED AGENDA FEBRUARY 20, 2007 a. Report, discussion and direction regarding Investment Management Bring back to City Services. Council on 3/6/07 with report to retain the investment services of MBIA Asset Management Group b. Report, discussion and direction regarding the Civic Center Project. City Council authorized staff to begin the RFQ process for a new City Hall; and explore financing options and repoR back to Council at a later date 1. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. REGULAR MEETING MINUTES, FEBRUARY 6, 2007. APPROVED 5-0 CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES, FEBRUARY 6, 2007. APPROVED 5-0 c. RESOLUTION NO. 6554 DECLARING THE ANNUAL WEED ADOPTED ABATEMENT PROGRAM AND SCHEDULING THE PROTEST 5-0 PUBLIC HEARING FOR MARCH 6, 2007. d. RESOLUTION NO. 6556 ADOPTING AN EXPENSE ADOPTED REIMBURSEMENT AND TRAVEL POLICY FOR THE CITY 5-0 COUNCIL AND OTHER CITY OFFICIALS WHO SERVE ON A LEGISLATIVE BODY. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(b)(1) to confer with NO REPORTABLE legal counsel regarding anticipated litigation: One (1) case. ACTION TAKEN b. Pursuant to Government Code Section 54957.6 to confer about labor NO REPORTABLE contract negotiations with an unrepresented employee - City ACTION TAKEN Manager. STUDY SESSION e. RESOLUTION NO. 6557 APPROVING PROGRAM SUPPLEMENT ADOPTED AGREEMENT NO. 007-N TO ENCUMBER FEDERAL AID FUNDS 5- 0 FOR THE DUARTE ROAD STREET REHABILITATION PROJECT. ORDINANCE NO. 2223 PERTAINING TO REGULATIONS FOR ADOPTED ESTABLISHED SETBACK LINES AND REGULATIONS FOR 5-0 TEMPORARY STORAGE CONTAINERS WITHIN SINGLE-FAMILY RESIDENTIAL ZONES. g. ORDINANCE NO. 2225 AMENDING ARTICLE V, CHAPTER 1 OF INTRODUCED THE ARCADIA MUNICIPAL CODE TO CLARIFY CERTAIN 5- 0 PROVISIONS REGARDING SOLID WASTE SERVICE. h. AUTHORIZE AN APPROPRIATION FROM THE GENERAL FUND'S APPROVED UNAPPROPRIATED FUND BALANCE OF $60,000 FOR 5- 0 PERSONNEL LEGAL SERVICES. i. AUTHORIZE THE CITY MANAGER TO APPROPRIATE $47,000 APPROVED FROM THE UNAPPROPRIATED BUDGET SURPLUS IN THE 5- 0 CAPITAL OUTLAY FUND FOR THE ADDITIONAL STREETLIGHTS ON DUARTE ROAD AS PART OF THE UNDERGROUND UTILITY DISTRICT #15. AWARD A PURCHASE ORDER IN THE AMOUNT OF $65,000 TO APPROVED JTB SUPPLY FOR THE PURCHASE OF LIGHT-EMITTING DIODE 5- 0 (LED) LIGHTS AND PEDESTRIAN CROSSING DEVICES. k. APPROVE THE CLASSIFICATION SPECIFICATIONS AND APPROVED COMPENSATION LEVELS FOR CHIEF DEPUTY CITY 5- 0 CLERK/RECORDS MANAGER, LEGAL ASSISTANT AND RECORDS COORDINATOR. APPROVE CHANGES TO THE FULL TIME STAFFING APPROVED DISTRIBUTION IN THE BUILDING SECTION OF THE 5- 0 DEVELOPMENT SERVICES DEPARTMENT. m. APPROVE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF APPROVED ARCADIA AND WILLIAM R. KELLY. 5- 0 n. AUTHORIZE THE CITY MANAGER TO ENTER INTO A APPROVED PROFESSIONAL SERVICES AGREEMENT WITH CITY SPACES 5- 0 FOR INTERIOR DESIGN SERVICES FOR FIRE STATION 105 AND TO APPROPRIATE $20,000 FROM THE CAPITAL OUTLAY FUND FOR THESE SERVICES. t - ~ ~ 49:0024 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, FEBRUARY 20, 2007 As authorized by Arcadia City Charter Section 408 and California Government Code Section 54956, The City Council and Redevelopment Agency of the City of Arcadia met at 5:00 p.m. in a Special Meeting at the Arcadia City Council Chamber Conference Room. CALL TO ORDER The Mayor Chandler called the meeting in order at 5:00 p.m. ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Amundson, Harbicht, Segal, Wuo and Chandler ABSENT: None CLOSED SESSION a. Pursuant to Government Code Section 54956.9(b)(1) to confer with legal counsel regarding anticipated litigation: One (1) case. b. Pursuant to Government Code Section 54957.6 to confer about labor contract negotiations with an unrepresented employee - City Manager. RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO STUDY SESSION AT 6:00 P.M. Mayor Pro Tem Segal convened the Study Session to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Amundson, Harbicht, Segal and Wuo ABSENT: Chandler (Excused) STUDY SESSION PUBLIC COMMENTS (5 minutes per person) STUDY SESSION a. Report, discussion and direction regarding Investment Management Services. City Manager Bill Kelly advised the City Council that City staff has been the investors of the City's $83 million dollar portfolio. Mr. Kelly announced that a committee consisting of Mayor Pro Tem Segal, Tracey Hause, and the City Manager reviewed the City's portfolio and solicited proposals from 5 different agencies for investment management services. Mr. Kelly noted that the City is not losing money, but that the City can be in a better position to earn a greater return on the City's investments. The Committee reviewed proposals from SNW Asset Management, RNC Center, MBIA, Smith Barney, and UBS Global Management. Mr. Kelly noted that the Committee is recommending MBIA as the City's potential investment management firm. 02-20-2007 49:0025 Mayor Pro Tem Segal summarized the basic criteria for the evaluations of the different firms. The Committee ultimately interviewed 2 firms and selected MBIA Asset Management Group due to cost and excellent experience with local agencies similar to the City of Arcadia. The City Council directed staff to proceed with the retention of MBIA Asset Management Group and place it on the March 6, 2007 City Council agenda. b. Report, discussion and direction regarding the Civic Center Project. Assistant City Manager and Development Services Director pon Penman gave a presentation to the City Council regarding a new Civic Center Project. Mr. Penman explained past City Council actions. Mr. Penman noted that in 2002, the City Council authorized staff to complete a Civic Needs Assessment which addressed the City Hall property. The City retained an architectural firm that loolied at 3 scenarios (1) a complete renovation of the existing City Hall which is about 17,000 square feet with a 2,800 square foot basement; (2) demolish the lower City Hall and completely renovate the upper City Hall and add on the square footage demolished; and (3) build a new City Hall to include (a) demolish the existing building and built a new building in the same location and (b) build a new City Hall adjacent to the existing Council Chambers. Additionally, Mr. Penman noted that a renovation of City Hall would cost more since staff would have to be moved into temporary facilities. Mr. Penman added that construction costs have gone up in the last few years and noted that the cost would be $350 to $400 per square foot for a 22,000 square foot City Hall. The hard costs would be approximately $8.8 million dollars and soft costs for architectural and engineering fees, inspection fees, project management would bring this project to approximately $10.5 million dollars. City Manager Kelly added that the City has paid cash for every City building it has built except for the $8 million dollar GO Bond issue for the police station. Mr. Kelly also added that there would not be sufficient money to begin construction until 2010-2011 at which time there should be about $9 million dollars available. Mr. Kelly recommends that the City Council authorize staff to seek Request for Qualifications (RFQ's) from architects to begin the plans and specifications process at a cost of about $800,000 so that when money becomes available, the City will not experience delays in the process. Mr. Kelly also recommended that the current Council Chambers could be used as a revenue source by renting it out to different agencies for training or meeting purposes. The City Council authorized staff to begin the Request For Qualifications (RFQ) process for architectural services and further directed staff to consider alternative financing options to bring back to the City Council at a later date. RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION The Mayor convened the Open Session meeting at 7:00 p.m. INVOCATION First Reader, Dr. Robert Nafie, First Church of Christ, Scientist 02-20-2007 49:0026 PLEDGE OF ALLEGIANCE Robert P. Deao, Sr., Executive Director, American Red Cross ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Chandler, Segal, Amundson, Harbicht and Wuo ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION/STUDY SESSION ITEMS City Attorney Steve Deitsch reported that the City Council/Redevelopment Agency Board met in closed session to consider items a and b on the posted notice of special meeting agenda. No reportable action was taken. Additionally, Mr. Deitsch reported that the City Council/Redevelopment Agency Board conducted a study session concerning the possible retention of an investment management advisor regarding City investments. The City Council directed staff to bring back at a future meeting of the City Council a proposed agreement with a recognized firm that provides such investment advice. Also, Mr. Deitsch reported that staff presented the City Council with a report regarding a potential Civic Center project that would include a newly built City Hall on the current civic center site. The City Council authorized staff to begin the Request For Qualifications (RFQ) process for architectural services and further directed staff to consider alternative financing options to bring back to the City Council at a later date. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS None MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council/Agency Member Amundson, seconded by Council/Agency Member Harbicht and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS AND PROCLAMATIONS Presentation of Proclamation declaring American Red Cross Month. PUBLIC COMMENTS (5 minutes per person) None REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK Mayor Chandler announced that on April 13, 2007 there will be a"Community Coffee" special event to celebrate community patriotism featuring Marine Lance Corporal Steven Sanderson at 02-20-2007 ~ 49:0027 8:00 a.m. at the Community Center, the cost is $5.00 per person. He also announced that advanced reservations are encouraged and can be made through the City Manager's office; he noted that Ruth Gilb is the committee chairperson. Additionally, the Mayor announced that if anyone knows someone actively serving in the military they should contact the City Manager's office. Mayor Chandler also thanked and congratulated the Arcadia High School Parents Booster Club on their 14'h year anniversary party and also congratulated the Elks Lodge #2025 on their 50'~ anniversary. Council Member Amundson announced his support of the community event and also reminded everyone to be prepared in the event of a disaster. Council Member Segal announced his support of the community event and wished the Chinese community a Happy New Year. Council Member Wuo noted that he received a letter from a good friend in Arcadia who wished the Arcadia Chinese community a Happy New Year. He also announced that he recently represented the City at the Independent Cities Association Winter Conference in Santa Barbara and one of the topics of interest was safety in the schools which was very informative. Mr. Wuo also thanked the Arcadia Chinese Association for the employee lunch; he also announced the Chinese Lantern Festival on February 25'h at 9443 Telstar Avenue in EI Monte from 5-9 p.m. Additionally, Mr. Wuo commended City staff for converting water saving devices in the City men's restrooms to Falcon water free which saves approximately 40,000 gallons of water a year per urinal. Council Member Harbicht thanked the Arcadia American Red Cross for their continued service to the community and encouraged residents to contribute and support the American Red Cross. City Clerk Jim Barrows had nothing to announce. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. REGULAR MEETING MINUTES FEBRUARY 6. 2007 Recommended Action: Approve CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES FEBRUARY 6 2007 Recommended Action: Approve c. d. Recommended Action: 4 02-20-2007 Recommended Action: Adopt ~ c.~~. ; e. 49:0028 f. ORDINANCE NO. 2223 PERTAINING TO REGULATIONS FOR ESTABLISHED Recommended Action: Adopt 9~ h. AUTHORIZE AN APPROPRIATION FROM THE GENERAL FUND'S UNAPPROPRIATED FUND BALANCE OF $60,000 FOR PERSONNEL LEGAL SERVICES. Recommended Action: Approve AND PEDESTRIAN CROSSING DEVICES. Recommended Action: Approve k. Recommended Action: Approve Recommended Action: Approve m. APPROVE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ARCADIA AND WILLIAM R. KELLY. Recommended Action: Approve n. 5 02-20-2007 Recommended Action: Adopt Recommended Action: Introduce Recommended Action: Approve 49:0029 A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Member Segal, and carried on roll call vote to approve the Consent Calendar items 1a thru 1n, on the City Council/ARA Consent Calendars. AYES: Council/Agency Members Harbicht, Amundson, Segal, Wuo and Chandler NOES: None ADJOURNMENT The meeting was adjourned at 7:25 p.m. The City Council/Redevefopment Agency adjourned this meeting to March 6, 2007 at 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. By: James H. Barrows, City Clerk 5Vl ~r~~'v''yLh' ~ Lisa Mussenden Chief Deputy City Clerk 02-20-2007 ~ -i,~-~i ~ ,o~at dy 2v~J ~~/~~ ~ D~q A~T DATE: March 6. 2007 TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Director SUBJECT: Authorize the Citv Manaqer to enter into an Agreement with MBIA Asset Manaqement Group for Investment Manaqement Services Recommendation: Approve SUMMARY Staff is recommending that it would be a prudent strategy to have assistance from an investment advisor so that the City is in a better position to earn a greater return on the City's investments. It is anticipated the expertise provided will enhance the rate of return on the current portfolio. BACKGROUND Mayor Pro-tem Mickey Segal, City Manager Bill Kelly and Administrative Services Director Tracey Hause began discussions regarcJing the City's portfolio and determined that the assistance of an investment advisor would be a prudent strategy to help improve the City's investment perFormance. The current portfolio is approximately $83,381,000. Increases or decreases in the amounts invested haven't materially changed over the last few years and changes in the immediate future are not anticipated. Historically, the City has benchmarked the rate of return on the State of Ca~ifornia's Local Agency investment Fund (LAIF). The City's rate of return has been somewhat lagging behind LAIF's for approximately the last year and a half. Benchmarking the rate of return to LAIF might not have always been the most accurate comparison as the types and terms of investments are much different in LAIF than in the City's portfolio. Within the last year, most of the City's portfolio was invested in agencies with a term of 1 to 2 years. LAIF's portfolio is much larger and more diverse both in types of instruments invested and the duration of the investments. A more accurate benchmark in comparing the City's portfolio might have measured the rate of return on agencies that generally utilized t investments with one and two year terms. Nevertheless, Mayor Pro-tem Segal and staff do feel assistance from an investment manager will create a more diverse and active portfolio that is better positioned to earn a greater rate of return, increasing revenue to the City. Even with a conservative estimate of increasing the rate of return by 1/8 of a percent on $50,000,000, the City would realize additional interest earnings of $62,500. DISCUSSION Proposals were received from five investment firms. Mayor Pro-tem Segal and staff independently reviewed ali proposals. Attachment "A" summarizes the basic criteria for evaluation. Two firms were chosen to be interviewed, MBIA Asset Management Group and UBS Global Management. Mayor Pro-tem Segal and staff thoroughly interviewed both firms and were comfortable that either firm cou~d perform the services desired. Staff also followed up with detailed reference checks. MBIA Asset Management Group was ultimately selected primarily due to cost and excellent experience with local agencies similar to the City of Arcadia. MBIA Asset Management Group was established in 1990 and is a member of the MBIA family of companies. They currently have $58 billion in assets under management and have a staff of 118 assigned to the asset management division. MBIA will initially manage $50,000,000. Staff will retain the remaining portfolio managing the day-to-day cash flow. Staff envisions a partnership relationship with MBIA. This relationship will provide a direct line of communication to MBIA personnel with expertise in the management of public funds and current investment opportunities. MBIA personnel will make recommendations based on permitted investments authorized by the City's Investment Policy and liquidity needs. MBIA will perform market research, obtain bids and assist the City in executing security trades. They will also provide separate portfolio performance reports, perform due diligence reviews of current and proposed broker/dealers, monitor the creditworthiness of the investments in the portfolio and evaluate safekeeping and custodial procedures and agreements. As is now, all investment activity will be reported to the City Council on a monthly basis. MBIA will also be helpful in evaluating the City's Investment Policy and making recommendations for further consideration of benchmarks. FISCAL IMPACT The proposed fee for MBIA is charged on a sliding scale in basis points based on a percentage of assets under management. The annual fee for providing investment advisory services for the City of Arcadia is as follows: 2 Assets Annual Fee Up to and including the first $20 million 1o basis points (.10%) Amounts over $20 million 7 basis points (.07%) The fees for investment advisory services are based on the average value (cost basis) of assets under management (excluding balances in local government investment pools). The estimated annual cost is $41,000. However as indicated above, even with a conservative estimate on an increased rate of return, the additional interest earnings will more than off set the cost for the services. RECOMMENATION: It is recommended that the City Council: Authorize the City Manager to enter into an agreement with MBIA Asset Management Group for investment management services. Approved: William R. Kelly, City Manager .. E ~ n d ~ ~ ~ a a ~ ° m ~ m Y m o ~ a ~ ~ ~ ~ ~ c E t~ a im tg E" `~ ~ o ~ m j v pE 01 ~ a ~ ~ N U Q ~ ~~ a m e ~ N v ~ m ~ o c ~0 m ~~ y ~ ~ p 'j ~ H Q7 U E m m > ~ Q C d t • N ~ a o ~ ~ ~ E $ N Z E N E ~ ~ - v ~ ~ ~ ~ y U a S a `~ ~ m ~ ~ o a °1 a 6l ~ N ~ ~ wV y C y ~ E 8 N ~ ~ N m N N ~ ~U O ~ L C N E ~` A p~ ~ m ~ o m L~ N C N N y t C W T ` $ O m L~ m o C o ip y r~ y ~ `h , e ~ Y ~ ~ ~' o L~ ~ ~ t9 to ~ G1 d N y • « O ~~ t0 T U z Q N ~ N to i (.J m o °a ~ N ~ U co u ~ a' -- ^ ~d ~ €m m ' ~ 'Na~ ~E ~ c c ~ _ o ~~ t d E E y.. rn m a ~ ` ~ o ° m ~ ~ m a° `a ~ ~ C m ~ N C 01 d Y ~ O ~ C y w ~ € m V N C m ¢ E ~ ici ~ m w~ $ ~ ~+ ~ '~ w '~ m ~ ~ c, a~ Z u~ T Y J ~ . Ol N . ~ ~ ~ N E a E ~ m m 'avi o N ~ u ~ ~T c 2 € ° E m L y ~ N ~ ~ ~ ~'a? ? h u o ~ 0 3 a ~ ~! c d ~ a ~~ c o 2 v € m ~ ~ r. ~ ~ ~ E ~ ` d d m w 1 O H O > O m ~ ~ $ ~ } ~ W ' 4 ~ o a ~ m 0 ~ 0 ~ 0 ~ '.3 d w ~ E ~ ~ d ° ° d U ° d ° a ~ a a f.1 r ~ a U 1~c, ~ ~ ~"°°Rp~R~TB°-'°°' STAFF REPORT Office of the City Clerk DATE: February 20, 2007 TO: Honorable Mayor and Members of the City Council t FROM: Lisa Mussenden, Chief Deputy City Clerk/Records Manager ~~'f ~ SUBJECT: RESOLUTION NO. 6554 DECLARING THE ANNUAL WEED ABATEMENT PROGRAM AND SCHEDULING THE PROTEST PUBLIC HEARING FOR MARCH 6, 2007. RECOMMENDATION: ADOPT The Los Angeles County Agricultural Commissioner has submitted the attached 2006-2007 annual deciaration list of private properties within the City of Arcadia which have been inspected by the County, and found to contain a growth of flammable weeds, brush and/or rubbish. Said weeds have attained such growth as to become, when dried, a fire menace to adjacent property. If the owner does not bring the property into compliance upon notice of dangerous conditions the County must abate the weeds. The attached Resolution No. 6554 declares that hazardous conditions upon or in front of certain private property are a public nuisance. Said resolution also schedules a public hearing for March 6, 2007 at 7:00 p.m., as the date and time for the City Council to hear protests, if any, from the affected properly owners to the abatement of their property. Affected properties are attached as Appendix A of the Resolution. Upon adoption of this Resolution, the County Agricultural Commissioner will mail notices to the affected property owners. An affidavit of mailing will be returned to the City by the County when mailing of the notice, as provided by law, has been completed. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 6554 declaring that weeds, brush, rubbish and refuse upon or in front of specified property in the city are a seasonal and recurrent public nuisance, and declaring its intention to provide for the abatement thereof and to schedule a weed abatement protest public hearing for March 6, 2007. ~"".~" =";.I Wiiliam Kelly, City Manager RESOLUTION NO. 6554 A RESOLUTION OF T~IE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORl~'LA, DECLARING THAT WEEDS, BRUSH, RUBBISH AND REFUSE UPON OR IN FRONT OF SPECIFIED PROPERTY IN THE CITY ARE A SEASONAL AND RECURRENT PUBLIC ?~'L'ISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF AND TO SCHEDULE A~VEED ABATEMENT PROTEST PUBLIC HEARING FOR MARCH 6; 2007 THE CITY COUNCIL OF THE CITY OF ARCADIA, DOES HEREBY, FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION l. Pursuant to the provisions of Title 4, Division 3, Part 2, Chapter 13, Article 2, of the California Government Code, Sections 39560 to 39588, inclusive, and evidence received by it, the City Council of the City of Arcadia specifically finds: A. That the weeds, brush or rubbish growing or existing upon the streets, sidewalks, or provide property in the City attain such large growth as to become, when dry, a fire menace to adjacent improved property, or which are otherwise noxious or dangerous, or a public nuisance. B. That the presence of dry gass, stubble, refuse, or other flammable materials are conditions ~~hich endanger the public safety by creating a fire hazard. C. That by reason of the foreJoing facts, the weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material growing or existing upon the private property hereinafter described, and upon the streets and sidewalks in front . 1 ~~ of said property consritute a seasonal and recurrent public nuisance and should be ~~ abated as such. D. That the private property, together with the streets and sidewalks in front of the same herein referred tq is more particularly described as follows, to- wit: That certain property described in Appendix "A" attached hereto and by this reference made a part hereof as though set forth in full herein. SECTION 2. Pursuant to the findings of fact by this Council heretofore made, the City Council determines that the weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material in and upon and in front of the real property hereinbefore described constitute and are hereby declared to be a seasonal and recurrent public nuisance which should be abated. The Agricultural Commissioner/Director of Wei~hts and Measures, County of Los Angeles, is hereby designated the person to ~ive norice to destroy said weeds, rubbish, dry grass, stubble, refuse, or other flammable material and shall cause notices to be given to each property owner by United States Mail. SECTION 3. The Agricultural Commissioner is hereby authorized and directed to recover its costs of inspecrion of the properties hereinabove described in a manner consistent «-ith prior action of the Board adopting a fee schedule for such inspecrion. The reco~-ery of these costs is vital to the ongoing operation goveming che idenrification and abatement of those properties that constitute a seasonal and recurrent public nuisance and endanger the public safety. 2 SECTION 4. The City Clerk shall certify to the adoprion of this Resolurion. Passed, approved and adopted this 20th day of February, 2007. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: ~~~tiY ,~,w. l~• ~~3-~;~,(~ City Attomey , Street=Address 1725 S. Baldwin Ave. Santa Anita Cyn Rd. Santa Anita Cyn Rd. Highland Vista Dr. Highland Oaks Dr. Torrey Pines Dr. Whispering Pines Dr. Whispering Pines Dr. Torrey Pines Dr. Torrey Pines Dr. Torrey Pines Dr. Flower St. Flower St. Front St: 153 E Santa Clara St. Indiana St. Indiana St. Indiana St. Indiana St. Indiana St. indiana St. Indiana St. Indiana St. 3rd Ave. 3rd Ave. 3rd Ave. 3rd Ave. 3rd Ave. 3rd Ave. 3rd Ave. 3rd Ave. 3rd Ave. 3rd Ave. 3rd Ave. 3rd Ave. 3rd Ave. 3rd Ave. 3rd Ave. Colorado Blvd. 2D06-2007 Declaration List Owners Name John M Laraway 8 Tsu-Ling Nevis Capitai LLC Nevis Capital LLC Virginia Brown Trust Helen Vida Trust Zheng Bao H 8 Mei L Charles Bluth Trust Victor Wang Nicholas Pokrajac Nicholas Poivajac Nicholas Pokrajac LACMTA LACMTA LACMTA Josef 8 Inge Koeper LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA LACMTA Page 1 APPENDIX A Parcel No: '' . _. 6383-030-016 5765-002-012 5765-002-013 5765-011-011 5765-030-010 5771-032-008 5771-032-013 5771-032-015 5771-033-015 5771-033-016 5771-033-017 5773-005-900 5773-005-901 5773-006-910 5773-007-009 5773-010-905 5773-010-906 5773-010-907 5773-011-922 5773-011-923 5773-011-924 5773-011-925 5773-011-926 5773-015-937 5773-015-938 5773-015-939 5773-015-940 5773-015-941 5773-015-942 5773-015-943 5773-015-944 5773-015-945 5773-015-946 5773-015-947 5773-015-948 5113-015-949 5773-015-950 5773-015-951 5775-022-900 2006-2007 Declaration List APPENDIX A Street Address .r.~.__._ . 'Owners Name ` " " Parcel No. "' "` Colorado Bivd. LACMTA . 5775-022-9D1 Santa Clara St. Elisworth Dahigren Co. Trust 5775-025-025 Foothill Fwy LACMTA 5775-026-902 Foothill Fwy LACMTA 5775-026-903 Foothill Fwy LACMTA 5775-026-904 Foothill Fwy LACMTA 5775-026-905 Cornell Rd. LACMTA 5775-026-906 1045 W. Huntington Dr. PBR Reatty LLC 5777-036-002 Duarte Rd. Mi~ie Hartzler 5779-015-004 23 E Duarte Rd. Miizie Hartzler 5779-015-005 25 E Duarte Rd. Mitrie HartzJer 5779-015-006 Duarte Rd. Mitzie HartrJer 5779-015-007 201 E. Duarte Rd. Meiloon Investment 8~ Developmen t LLC 5779-018-040 LeRoy Ave. George Kolovos Trust 5784-020-014 Norman Ave. Louis E. Nassaney 5788-014-013 Live Oak Ave. Orient Retreat Inc. 5790-027-032 Live Oak Ave. Angelo & Oiga Russo 5790-027-033 Live Oak Ave. Charies Z. & Alice W. Chow 5790-027-034 Clark St. Livingston Graham Inc. 8532-016-001 Clark St. Livingston Graham Inc. 8532-016-004 Clark St. Livingston Graham Inc. 8532-016-022 Goldring Rd. Samuel Kardashian 8532-018-005 Goldring Rd. Samuel Kardashian 8532-018-011 28 W. Live Oak Ave. Sanmar Limited Partnership 8573-019-003 Live Oak Ave. Giovanna Mule 8573-023-007 122 E. Live Oak Ave. Meeker Family Partners 8573-024-005 128 E. Live Oak Ave. Meeker Family Partners 8573-024-006 134 E. Live Oak Ave. Meeker Family Partners 8573-024-007 140 E. Live Oak Ave. Meeker Family Partners 8573-024-008 Meeker Family Partners 8573-024-026 ~ Page 2 RESOLUTION NO. 6554 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECL~I.RING THAT WEEDS, BRUSH, RUBBISH AND REFUSE UPON OR IN FRONT OF SPECIFIED PROPERTY IN THE CITY ARE A SEASOI`TAL AND RECURRENT PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMEI~TT THEREOF AND TO SCHEDULE A WEED ABATEMENT PROTEST PUBLIC HEARING FOR MARCH 6, 2007 THE CITY COi1NCIL OF THE CITY OF ARCADIA, DOES HEREBY, FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the provisions of Title 4, Division 3, Part 2, Chapter 13, Article 2, of the California Government Code, Sections 39560 to 39588, inclusive, and evidence received by it, the City Council of the City of Arcadia specifically finds: A. That the weeds, brush or rubbish growing or existing upon the streets, sidewalks, or provide property in the City attain such large growth as to become, when dry, a fire menace to adjacent improved property, or which are otherwise noxious or dangerous, or a public nuisance. B. That the presence of dry grass, stubble, refuse, or other flammable ---------- -- -- -- materials are conditions which endanger the public safety by crearing a fire hazard. C. That by reason of the foregoing facts, the weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material growing or existing upon the private property hereinafter described, and upon the streets and sidewalks in front 1 of said property constitute a seasonal and recurrent public nuisance and should be abated as such. D. That the private property, together with the streets and sidewalks in front of the same herein referred to, is more particularly described as follows, to- wit: That certain properiy described in Appendix "A" attached hereto and by this reference made a part hereof as though set forth in full herein. SECTION 2. Pursuant to the findings of fact by this Council heretofore made, the City Council deternunes that the weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material in and upon and in front of the real property hereinbefore described constitute and are hereby declared to be a seasonal and recurrent public nuisance which should be abated. The Agricultural Commissioner/Director of Weights and Measures, County of Los Angeles, is hereby designated the person to give notice to destroy said weeds, rubbish, dry grass, stubble, refuse, or other flammable material and shall cause notices to be given to each property owner by United States Mail. SECTION 3. The Agricultural Commissioner is hereby authorized and directed to recover its costs of inspection of the properties hereinabove described in a manner consistent with prior action of the Board adopting a fee schedule for such inspection. The recovery of these costs is vital to the ongoing operation governing the identification and abatement of those properties that constitute a seasonal and recurrent public nuisance and endanger the public safety. 2 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 20th day of February, 2007. l~l ~~CER CHAND~ER Mayor of the City of Arcadia ATTEST: ~ ~9~~ ~. DP4~~ 0~7 City Clerk APPROVED AS TO FORM: ~~~~~ ~. ~~~~~ City Attorney 3 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 Resolurion No. 6554 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 20th day of February, 2007 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 ~ ~~~V ~s YARR~S City Clerk of the City of Arcadia 4 2006-2007 Declaration List APPENDIX A ,StreetAddress ' Owners Name ' ~ ?- <" " Parcel No "` G`~;~' , . . 1725 S. Baldwin Ave. , _. , , _ John M Laraway & Tsu-Ling , u 5383-030-016 Santa Anita Cyn Rd. Nevis Capital LLC 5765-002-012 Santa Anita Cyn Rd. Nevis Capital LLC 5765-002-013 Highland Vista Dr. Virginia Brown Trust 5765-011-011 Highland Oaks Dr. Helen Vida Trust 5765-030-010 Torrey Pines Dr. Zheng Bao H& Mel L 5771-032-008 Whispering Pines Dr. Charles Bluth Trust 5771-032-013 Whispering Pines Dr. Victor Wang 5771-032-015 Torrey Pines Dr. Nicholas Pokrajac 5771-033-015 Torrey Pines Dr. Nicholas Pokrajac 5771-033-016 Torrey Pines Dr. Nicholas Pokrajac 5771-033-017 Flower St. LACMTA 5773-005-900 Flower St. LACMTA 5773-005-901 Front St. LACMTA 5773-006-910 153 E Santa Clara St. Josef & Inge Koeper 5773-007-009 Indiana St. LACMTA 5773-010-905 Indiana St. LACMTA 5773-010-906 Indiana St. LACMTA 5773-010-907 Indiana St. LACMTA 5773-011-922 Indiana St. LACMTA 5773-011-923 Indiana St. LACMTA 5773-011-924 Indiana St. LACMTA 5773-011-925 Indiana St. LACMTA 5773-011-926 3rd Ave. LACMTA 5773-015-937 3rd Ave. LACMTA 5773-015-938 3rd Ave. LACMTA 5773-015-939 3rd Ave. LACMTA 5773-015-940 3rd Ave. LACMTA 5773-015-941 3rd Ave. LACMTA 5773-015-942 3rd Ave. LACMTA 5773-015-943 3rd Ave. LACMTA 5773-015-944 3rd Ave. LACMTA 5773-015-945 3rd Ave. LACMTA 5773-015-946 3rd Ave. LACMTA 5773-015-947 3rd Ave. LACMTA 5773-015-948 3rd Ave. LACMTA 5113-015-949 3rd Ave. LACMTA 5773-015-950 3rd Ave. LACMTA 5773-015-951 Colorado Blvd. LACMTA 5775-022-900 Page 1 2006-2007 Decleration List APPENDIX A kStreetAddress ~ `Owners Name ; " ~ ;~ ' ~ ~ ~` ~ ~Parcel No` ~~~'~' r Colorado Blvd. _ , ., LACMTA 5775-022 901 ~ f Santa Clara St. Ellsworth Dahlgren Co. Trust 5775-025-025 Foothill Fwy LACMTA 5775-026-902 Foothill Fwy LACMTA 5775-026-903 Foothill Fwy LACMTA 5775-026-904 Foothill Fwy LACMTA 5775-026-905 Cornell Rd. LACMTA 5775-026-906 1045 W. Huntington Dr. PBR Realty LLC 5777-036-002 Duarte Rd. Mitzie Hartzier 5779-015-004 23 E Duarte Rd. Mitzie Hartzler 5779-015-005 25 E Duarte Rd. Mitzie Hartzler 5779-015-006 Duarte Rd. Mitzie Hartzler 5779-015-007 201 E. Duarte Rd. Meiloon Investment & Developmen t LLC 5779-018-040 LeRoy Ave. George Kolovos Trust 5784-020-014 Norman Ave. Louis E. Nassaney 5788-014-013 Live Oak Ave. Orient Retreat Inc. 5790-027-032 Live Oak Ave. Angelo & Olga Russo 5790-027-033 Live Oak Ave. Charles Z. & Alice W. Chow 5790-027-034 Clark St. Livingston Graham Inc. 8532-016-001 Clark St. Livingston Graham Inc. 8532-016-004 Clark St. Livingston Graham Inc. 8532-016-022 Goldring Rd. Samuel Kardashian 8532-018-005 Goldring Rd. Samuel Kardashian 8532-018-011 28 W. Live Oak Ave. Sanmar Limited Partnership 8573-019-003 Live Oak Ave. Giovanna Mule 8573-023-007 122 E. Live Oak Ave. Meeker Family Partners 8573-024-005 128 E. Live Oak Ave. Meeker Family Partners 8573-024-006 134 E. Live Oak Ave. Meeker Family Partners 8573-024-007 140 E. Live Oak Ave. Meeker Family Partners 8573-024-008 Meeker Family Partners 8573-024-026 Page 2 .:OF~ ... ' ' ~ i `;1~~~.ir~~ Or. ~ „, r 9 0'°~n~orotN°M4• `~~~~~ STAFF REPORT Office of the City Manager DATE: February 20, 2007 TO: Mayor and City Council FROM: William R. Kelly, City Manager~(1 w~ _ By: Linda Garcia, Communications, Marketing and Special Projects Manager~ SUBJECT: REIMBURSEMENT AND TRAVEL POLICY FOR THE C COUNCIL AND CITY EMPLOYEES WHO SERVE ON A LEGISLATIVE BODY Recommendation: Adopt SUMMARY AB 1234 requires cities that reimburse members of their legislative bodies to adopt, at a pubic meeting, an expense reimbursement policy. The City of Arcadia has an officially adopted policy on the books; however, a few revisions are necessary to make it consistent with current practice. The attached policy has been previously provided to the City Council for review and is hereby presented for approval by way of Resolution No. 6556. DISCUSSION State law mandates that the City Council adopt an expense reimbursement policy that among other things spelis out the types of expenses that are eligible for reimbursement, how the requests for reimbursement are to be processed, and the reasonable reimbursement rates for travei. Much of the intent and provisions of the policy adopted in March 2006 remain the same in the attached updated policy, the difFerence being that this version provides more clarification and detail relative to practice and procedures. FISCAL IMPACT Expenses covered by the attached Policy are included every year in the applicable departmenYs operating budget. There is no additional fiscai impact. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 6556, a resolution of the City Council of the City of Arcadia, California, adopting an Expense Reimbursement and Travel Policy for the City Council and City employees who serve on a legislative body. Attachments: Resolution No. 6556 Expense and Travel Policy for the City Council and City Employees who serve on a legislative body RESOLUTION NO. 6556 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING AN EXPENSE REIMBURSEMENT AND TRAVEL POLICY FOR THE CITY COUNCIL AND OTHER CITY OFFICIALS WHO SERVE ON A LEGISLATIVE BODY WHEREAS, the City of Arcadia ("City") takes its stewardship over the use of its public resources seriously; and WHEREAS, public resources should only be used when there is a benefit to the City; and WHEREAS, such benefits include the opportunity to discuss the community's concerns with State and Federal officials; participating in regional, state and national organizations and events whose activities affect the City; attending educational seminars designed to improve officials' skill and information levels; promoting public service and morale by ~ecognizing such service; fostering ties with residents and civic groups; and discussing City affairs with members of the community; and WHEREAS, the City Council desires to adopt the "Expense and Travel Policy for the City Council and City Employees Who Serve on a Legislative Body " attached hereto ("Policy") for the purpose of providing guidance to elected and appointed officials on the use and expenditure of City resources, as well as the standards against which these expenditures will be measured; and WHEREAS, the Policy will satisfy the requirements of Government Code Sections 53232.2 and 53233.3 in the event such requirements could at some point be constitutionally applied to charter cities; and WHEREAS, the Policy also supplements the definition of necessary and reasonable expenses for purposes of Federal and State income tax laws; and WHEREAS, the Policy applies to any charges made with a City credit card, cash advance or other line of credit; and WHEREAS, the Policy applies to all elected and appointed officials who are members of a"legislative body" as defined in Government Code Section 54952. ~ ~. ~ ADMINISTRATIVE POLICY ' Policy No.: ~x SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY Adopted: COUNCIL AND CITY EMPLOYEES WHO Amended: SERVE ON A LEGISLATIVE BODY CITY MANAGER POLICY STATEMENT The purpose of this Administrative Policy is to provide guidelines and a procedure for handling expenses incurred by members of the City Council, the Planning Commission and of City staff who serve on a legislative body, while conducting City business and/or attending community functions, conferences and other events. It is the policy of the City of Arcadia to pay for expenses incurred by Council Members and other City Officials when the expense is related to municipal affairs and/or when it serves a public purpose. Said expenses include those related to travel, office supplies, attendance at conferences, workshops, meetings and special events. DEFINITIONS This Administrative Policy covers the City Council, City Manager and other City Offiicials and staff that serve on a legislative body, as defined in Assembly Biil 1234. At the time this policy was written, examples of legislative bodies referred to in AB 1234 and therefore subject to this policy, include the City Council, Planning Commission, Modification Committee, Design Review Committee and the Business License Review Board. This policy does not in any way supersede AB 1234 or other State law. Rather, it is intended to put the City in compliance with the legislation and to provide a framework for how the City pays for travel to and attendance at events and reimbursement for expenses incurred while c~nducting City business. In this policy the word "Official" is used interchangeably in reference to Council Members, Commissioners and City employees. For the purpose of this policy the City does not make a distinction between expense payments made in advance or reimbursed. Both are considered a use of public funds and are subject to the procedures defined herein. Again, it should be clear though that this policy does not supplant any of the requirements of AB 1234, which arguably, may distinguish between the two types of payments. Page 1 of 6 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The Policy attached hereto is adopted as the approved expense reimbursement and travel policy of the City in compliance with AB 1234 and other applicable laws. SECTION 2. All prior City Ordinances, Resolutions and Policies inconsistent with the policies approved by this Resolution are hereby repealed in their entirety. Included in this rescission is Resolution No. 6515 and any relative Administrative Policies. SECTION 3. This Resolution is effective upon its adoption by the City Council. Passed, approved and adopted this ^ day of , 2007 Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: ~~ ~. /'~-~-e. Stephen P. Deitsch City Attorney -2- uW~~4 ADMINISTRATIVE POLICY ` SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY c~°^~^•`"'~ COUNCIL AND CITY EMPLOYEES WHO SERVE ON A LEGISLATIVE BODY AUTHORIZEDEXPENSES Policy No.: Adopted: Amended: C1TY MANAGER The City will pay for or reimburse Council Members and City Officials for expenses incurred while conducting City business or while representing the City at community functions. The City may pay for or reimburse the following types of expenses: • Office supplies • Transportation - airfare, mileage or gasoline, rental car, parking • Lodging • Meals • Telephone • Baggage handling fees • Reasonable and customary gratuities • Internet and fax costs for actual City business Activities that generally qualify for advance payment or reimbursement include: • Educationai or informational meetings, workshops and conferences • Particip~tion in regional, state or national organizations whose activities affect the City's interests . Attending City functions • Attending community and community-related events Transportation The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements should be used. Airfare is limited to coach class on a commercial air carrier. An Official may obtain personal frequent flyer credits for Flights taken, but the selection of an airline or a given trip shall not be made for the purpose of accumulating such miles. Automobile mileage is reimbursed at the prevailing Internal Revenue Service rate. If a rental car is necessary for the perFormance of an Official's duties, the car shall be "standard/intermediate%full-size/premium" unless an upgrade is provided at no additional cost. When using the City's preferred vendor (Enterprise), physical damage and liability insurance should be provided as part of the quoted cost. If another car Page 2 of 6 ,~~~~µ4 ADMINISTRATIVE POLICY Policy No.: ' ° SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY Adopted: S°°^ •'"'~~ COUNCIL AND CITY EMPLOYEES WHO Amended: ~ SERVE ON A LEGISLATIVE BODY CITY MANAGER rental agency is used the liability insurance/damage waiver offered by the rental car company should be purchased at the time of rental. City vehicles are not usually used for transportation on extended trips, but if necessary they can be used with the approval of the City Manager or appropriate Department Head. Taxi fare, shuttle fees and parking fees are eligible for reimbursement as long as said expenses are incurred for City business. Lodqinq Lodging expenses wiil be paid for when travel on official City business reasonably requires an overnight stay. Lodging expenses are authorized for travel outside of a 50- mile radius of City Hall unless approved in advance by a majority of the City Council for Council Members and by the City Manager for employees. Travelers should request the government rate, when it is available. Government rates are presumed to be reasonable and therefore reimbursable through this policy: If the government rate is not available, lodging should be obtained that is at the median retail price for that area. If lodging is in connection with a conference or group meeting, the cost shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available at the time of booking. If the group rate is not available, comparable (e.g. government rate) lodging may be used, keeping in mind that it should be within the median retail price for the area. Meals Reasonable (market rate) meal expenses and associated customary gratuities are eligible for reimbursement. Whenever possible, an attempt should be made to take advantage of ineals that are included as part of the event. For the purpose of this policy, when on a trip the reasonable reimbursement rate for meals is $45 per day, unless unusual circumstances exist. This daily amount does not preclude the O~cial's responsibility to take advantage of ineals included as part of the event. When attending a City-related function other than a conference, seminar or meeting, the actual cost of the meal will be reimbursed. Page 3 of 6 ~.~~^-~4 ADMINISTRATIVE POLICY Policy No.: ' SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY Adopted: "' •'"'~~ COUNCIL AND CITY EMPLOYEES WHO Amended: SERVE ON A LEGISLATIVE BODY CITY MANAGER Community Functions For major community functions hosted by an outside organization, at which it is traditional and expected that Council Members or City Officials attend on behalf of the City, it is acceptable for the City to purchase a"block" of tickets or a"table" in advance, without knowing which Officials will attend, and then distributing the tickets when it is known who is able to go to that particular function. For major community events, the City may purchase a ticket for the spouse of a Council Member or Official if said attendance at the event by a spouse serves a public purpose such as joining the Official in fostering ties with the community. F~camples of functions covered by this section include the Methodist Hospital Crystal Ball, the Chamber of :Commerce Installation Dinner and Annual Taste of Arcadia event, Independent Cities ., ~ Association events, employee association functions and Arcadia Red Cross activities. . UNAUTHORIZED EXPENSES .~Expenses not eligible for reimbursement or advance payment by the Ciry include: . Personal expenses . Alcohol . Dry cleaning • Political or charitable contributions . Entertainment expenses such as movies, sporting events, golf, etc. • Non-mileage personal automobile expenses such as repairs, traffic citations, insurance and related CASH ADVANCES From time to time it may be necessary for an Official to request a cash advance to cover anticipated expenses while traveling or doing business on behalf of the City. Such request for an advance should be submitted to the City Manager prior to the need for the advance with an explanation of the purpose of the expenditure and the anticipated amount of the expenditure. This request may be made on a"Travel Request and Expense Report Form." Any unused advance must be returned to the City. As noted below, expenses may be pre-paid, with the understanding that receipts still need to be submitted. Page 4 of 6 ~,~_~~ ADMINISTRATIVE POLICY Policy No.: `` ~'' ' SUBJECI': EXPENSE AND TRAVEL POLICY FOR THE CITY Adopted: , ~''^° •'"'f COUNCIL AND CITY EMPLOYEES WHO Amended: SERVE ON A LEGISLATIVE BODY CITY MANAGER PROCEDURE Arrangements for attendance at meetings, conferences and events may be made by the Council Member or by the Council's staff liaison in the City Manager's Office. To the extent possible, fees and charges may be paid in advance, with any outstanding documentation to follow when it is available. Whether travel arrangements are made by a staff member or by the Council Member, it is the elected officials' responsibility to ensure that all receipts and documentation are submitted as outlined in this policy. All expense reimbursement requests are to be documented with receipts and submitted on the appropriate paperwork, which may include an expense report form, a petly cash slip or another City Manager approved form. For extended trips, a"Travel Request and Expense Report Form" is usually required and must be completed and approved by the City Manager prior to the travel taking place. As noted above, City Officials shall submit an expense report (or another approved form) in order to receive reimbursement. Expense reports must document that the expense in question meets the requirements of this policy. For example, if the meeting is with a legislator, the local official should explain whose meals were purchased, what issues were discussed and how they relate to the City of Arcadia. Expense documentation should be submitted within 30 days of the expense being incurred, accompanied by receipts. Inabiliry to provide such documentation in a timely fashion may result in the expense being borne by the Official. All expenses are subject to verification that they comply with the intent of this policy. OTHEREXPENSES Ail other expenses for activities and materials not included in this policy require prior majority approval by the City Council at a public meeting. AB 1234 REPORTING O~cials subject to AB 1234 must make a brief report at the next meeting of the legislative body on a conference, event or meeting they attended at the expense of the Ciry. An exception to this is that if an employee attends a function as a City employee Page 5 of 6 ~ ~~•~« ADMINISTRATIVE POLICY Policy No.: "'' " SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY Adopted: ~'"`•'° •'"'f COUNCIL AND CITY EMPLOYEES WHO Amended: SERVE ON A LEGISLATIVE BODY CITY MANAGER and not as a member of a legislative body, it is doubtful that AB 1234 reporting is required. Consult with the City Attorney if there are questions about this requirement. VIOLATION'OF THIS POLICY The penalties for misusing public resources or falsifying expense reports in violation of this policy may include, but are not limited to, the following: a. Loss of reimbursement privileges b. Restitution to the City c. Civil penalties pursuant to Section 8314 of the Government Code . d. Prosecution pursuant to Section 424 of the Penal Code Page 6 of 6 ,;. _ : RESOLUTION N0. 6556 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING AN EXPENSE REIMBURSEMENT AND TRAVEL POLICY FOR THE CITY COUNCIL AND OTHER CITY OFFICIALS. WHO SERVE ON A LEGISLATIVE BODY -- -- WHEREAS, the City of Arcadia ("City") takes its stewardship over the use of its - public resources seriously; and WHEREAS, public resources should only be used when there is a benefit to the City; and WHEREAS, such benefits include tFie opportunity to discuss the community's concerns with State and Federal officials; participating in regional, state and national organizations and events whose activities affect the City; attending educational seminars designed to improve o~cials' skill and information levels; promoting public service and morale by recognizing such service; fostering ties with residents and civic groups; and discussing City affairs with members of the community; and WHEREAS, the City Council desires to adopt the "Expense and Travel Policy for the City Council and City Employees Who Serve on a Legislative Body " attached hereto ("Policy") for the purpose of providing guidance to elected and appointed officials on the use and expenditure of City resources, as well as the standards against which these expenditures will be measured; and WHEREAS, the Policy will satisfy the requirements of Government Code Sections 53232.2 and 53233.3 in the event such requirements could at some point be constitutionally applied to charter cities; and WHEREAS, the Policy also supplements the definition of necessary and reasonable expenses for purposes of Federal and State income tax laws; and WHEREAS, the Policy applies to any charges made with a City credit card, cash advance or other line of credit; and WHEREAS, the Policy applies to all elected and appointed officials who are members of a"legislative body" as defined in Government Code Section 54952. ; . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The Policy attached hereto is adopted as the approved expense reimbursement and travel policy of the City in compliance with AB 1234 and other applicable laws. SECTION 2. Ail prior City Ordinances, Resolutions and Policies inconsistent with the policies approved by this Resolution are hereby repealed in their entirety. Included in this rescission is Resolution No. 6515 and any relative Administrative Policies. SECTION 3. This Resolution is effective upon its adoption by the City Council. Passed, approved and adopted this aoth day of February , 2007 ~S/~~OGER CHANDLE~ Mayor of the City of Arcadia ATTEST: ~ J~~ES H. ~~A'R~ S City Clerk of the City of Arcadia APPROVED AS TO FORM: C' v`'/''" """ ( " . /'7'~i~l/~.t'C ^ Stephen P. Deitsch City Attorney -2- ; ~- 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 ResolutionNo. 65~6 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 20th day of February, 2007 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 I~D JA~~S H. BWR S City Clerk of the City of Arcadia 3 ADMINISTRATIVE POLICY Policy No.: SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY Adopted: COUNCIL AND CITY EMPLOYEES WHO Amended: SERVE ON A LEGISLATIVE BODY CITY MANAGER POLICY STATEMENT The purpose of this Administrative Policy is to provide guidelines and a procedure for handling expenses incurred by members of the City Council, the Planning Commission and of City staff who serve on a legislative body, while conducting City business and/or attending community functions, conferences and other events. It is the policy of the City of Arcadia to pay for expenses incurred by Council Members and other City Officials when the expense is related to municipal affairs and/or when it serves a public purpose. Said expenses include those celated to travel, office supplies, attendance at conferences, workshops, meetings and special events. DEFINITIONS This Administrative Policy covers the City Council, City Manager and other City Officials and staff that serve on a legislative body, as defined in Assembly Bill 1234. At the time this policy was written, examples of legislative bodies referred to in AB 1234 and therefore subject to this policy, include the City Council, Planning Commission, Modification Committee, Design Review Committee and the Business License Review Board. This policy does not in any way supersede AB 1234 or other State law. Rather, it is intended to put the City in compliance with the legislation and to provide a framework for how the City pays for travel to and attendance at events and. reimbursement for expenses incurred while conducting Ciry business. In this policy the word "Official" is used interchangeably in reference to Council Members, Commissioners and City employees. For the purpose of this policy the City does not make a distinction between expense payments made in advance or reimbursed. Both are considered a use of public funds and are subject to the procedures defined herein. Again, it should be clear though that this policy does not supplant any of the requirements of AB 1234, which arguably, may distinguish between the two types of payments. Page 1 of 6 ~°~. ADMINISTRATIVE POLICY Policy No.: ~ s` T~, SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY Adopted: "^•`"' COUNCIL AND CITY EMPLOYEES WHO Amended: SERVE ON A LEGISLATIVE BODY CITY MANAGER AUTHORI2ED EXPENSES The City will pay for or reimburse Council Members and Ciry Officials for expenses incurred while conducting City business or while representing the City at community functions. The City may pay for or reimburse the following types of expenses: • Office supplies • Transportation - airfare, mileage or gasoline, rental car, parking . Lodging • Meals • Telephone • Baggage handling fees • Reasonable and customary gratuities • Internet and fax costs for actual City business Activities that generally qualify for advance payment or reimbursement include: • Educational or informational meetings, workshops and conferences • Participation in regional, state or national organizations whose activities affect the City's interests • Attending City functions • Attending community and community-related events Transportation The most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements should be used. Airfare is limited to coach class on a commercial air carrier. An Official may obtain personal frequent flyer credits for flights taken, but the selection of an airline or a given trip shall not be made for the purpose of accumulating such miles. Automobile mileage is reimbursed at the prevailing Internal Revenue Service rate. If a rental car is necessary for the performance of an Official's duties, the car shall be "standard/intermediate/full-size/premium" unless an upgrade is provided at no additional cost. When using the City's preferred vendor (Enterprise), physical damage and liability insurance should be provided as part of the quoted cost. If another car Page 2 of 6 ADMINISTRATIVE POLICY Policy No.: SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY Adopted: COUNCIL AND CITY EMPLOYEES WHO Amended: SERVE ON A LEGISLATIVE BODY CI7Y MANAGER rental agency is used the liability insurance/damage waiver offered by the rental car company should be purchased at the time of rental. City vehicles are not usually used for transportation on extended trips, but if necessary they can be used with the approval of the City Manager or appropriate Department Head. Taxi fare, shuttle fees and parking fees are eligible for reimbursement as long as said expenses are incurred for City business. Lod in Lodging expenses wili be paid for when travel on official City business reasonably requires an overnight stay. Lodging expenses are authorized for travel outside of a 50- mile radius of City Hall unless approved in advance by a majority of the City Council for Council Members and by the City Manager for employees. Travelers shouid request the government rate, when it is available. Government rates are presumed to be reasonable and therefore reimbursable through this policy. If the government rate is not available, lodging should be obtained that is at the median retail price for that area. If lodging is in connection with a conference or group meeting, the cost shall not exceed the maximum group rate published by the conference or activity sponsor, provided that lodging at the group rate is available at the time of booking. If the group rate is not available, comparable (e.g. government rate) lodging may be used, keeping in mind that it should be within the median retail price for the area. Meals Reasonable (market rate) meai expenses and associated customary gratuities are eligible for reimbursement. Whenever possible, an attempt should be made to take advantage of ineals that are included as part of the event. For the purpose of this policy, when on a trip the reasonable reimbursement rate for meals is $45 per day, unless unusual circumstances exist. This daily amount does not preclude the Official's responsibility to take advantage of ineals included as part of the event. When attending a City-related function other than a conference, seminar or meeting, the actual cost of the meal will be reimbursed. Page 3 of 6 ~~. ADMINISTRATIVE POLICY Policy No.: , SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY Adopted: ''"•"••`''~ COUNCIL AND CITY EMPLOYEES WHO Amended: SERVE ON A LEGISLATIVE BODY CITY MANAGER Community Functions For major community functions hosted by an outside organization, at which it is traditional and expected that Council Members or City Officials attend on behalf of the City, it is acceptable for the City to purchase a"block" of tickets or a"table" in advance, without knowing which Officials will attend, and then distributing the tickets when it is known who is able to go to that particular function. For major community events, the City may purchase a ticket for the spouse of a Council Member or Official if said attendance at the event by a spouse serves a public purpose such as joining the Official in fostering ties with the community. Examples of functions covered by this section include the Methodist Hospital Crystal Ball, the Chamber of Commerce Installation Dinner and Annual Taste of Arcadia event, Independent Cities Association events, empioyee association functions and Arcadia Red Cross activities. UNAUTHORIZED EXPENSES Expenses not eligible for reimbursement or advance payment by the City include: • Personal expenses • Alcohol . Dry cleaning , • Political or charitable contributions • Entertainment expenses such as movies, sporting events, golf, etc. • Non-mileage personai automobile expenses such as repairs, traffic citations, insurance and related CASH ADVANCES From time to time it may be necessary for an Official to request a cash advance to cover anticipated expenses while traveling or doing business on behalf of the City. Such request for an advance should be submitted t~ the City Manager prior to the need for the advance with an explanation of the purpose of the expenditure and the anticipated amount of the expenditure. This request may be made on a'Travel Request and Expense Report Form." Any unused advance must be returned to the City. As noted below, expenses may be pre-paid, with the undecstanding that receipts still need to be submitted. Page 4 of 6 ~ ..v~~ ADMINISTRATIVE POLICY Policy No.: ' SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY Adopted: ~~'°` •'"'~ COUNCIL AND CITY EMPLOYEES WHO Amended: SERVE ON A LEGISLATIVE BODY C1TY MANAGER Arrangements for attendance at meetings, conferences and events may be made by the Council Member or by the Council's staff liaison in the City Manager's Office. To the extent possible, fees and charges may be paid in advance, with any outstanding documentation to follow when it is available. Whether travel arrangements are made by a staff member or by the Council Member, it is the elected officials' responsibility to ensure that all receipts and documentation are submitted as outlined in this policy. All expense reimbursement requests are to be documented with receipts and submitted on the appropriate paperwork, which may include an expense report form, a petty cash slip or another City Manager approved form. For extended trips, a"Travel Request and Expense Report Form" is usually required and must be completed and approved by the City Manager prior to the travel taking place. As noted above, City Officials shall submit an expense report (or another approved form) in order to receive reimbursement. Expense reports must document that the expense in question meets the requirements of this policy. For example, if the meeting is with a legislator, the local official should explain whose meals were purchased, what issues were discussed and how they relate to the City of Arcadia. Expense documentation should be submitted within 30 days of the expense being incurred, accompanied by receipts. Inabiliry to provide such documentation in a timely fashion may result in the expense being borne by the Official. All expenses are subject to verification that they comply with the intent of this policy. OTHER EXPENSES All other expenses for activities and materials not included in this policy require prior majority approval by the City Council at a public meeting. AB 1234 REPORTING Officials subject to AB 1234 must make a brief report at the next meeting of the legislative body on a conference, event or meeting they attended at the expense of the City. An exception to this is that if an employee attends a function as a City employee Page 5 of 6 , v~~~.. ADMINISTRATIVE POLICY , ~~, SUBJECT: EXPENSE AND TRAVEL POLICY FOR THE CITY '"~~•'"' COUNCIL AND CITY EMPLOYEES WHO SERVE ON A LEGISLATIVE BODY Policy No.: Adopted: Amended: Q fY MANAGER and not as a member of a legislative body, it is doubtful that AB 1234 reporting is required. Consult with the City Attorney if there are questions about this requirement. VIOLATION OF THIS POLICY The penalties for misusing public resources or falsifying expense reports in violation of this policy may include, but are not limited to, the following: a. Loss of reimbursement privileges b. Restitution to the City c. Civil penalties pursuant to Section 8314 of the Government Code d. Prosecution pursuant to Section 424 of the Penal Code Page 6 of 6 ~ V tJi~ORry~9'9 /~ .y , 9 l~- 1 ~::~ ~ ~,'Y.. ~m~n~~Y~~~°s°` STAFF REPORT Development Services Department DATE: February 20, 2007 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Director~ Philip A. Wray, City Engineer Rp~,+~ Prepared by: Rafael Fajardo, ,4ssistant Engineer SUBJECT: RECOMMENDATION TO ADOPT RESOLUTION NO. 6557 APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 007-N TO ENCUMBER FEDERAL AID FUNDS FOR THE DUARTE ROAD STREET REHABILITATION PROJECT AND AUTHORIZE THE CITY MANAGER AND CITY CLERK TO EXECUTE THIS AGREEMENT SUMMARY In December 1997, the City Council of the City of Arcadia by adoption of Resolution No. 6014 entered into Master Agreement No. 07-5131 entitled "Master Agreement Administrating Agency-State Agreement for Federal 'Aid Projects" with the State of California. The Master Agreement requires that for every Federal funded project a Supplemental Agreement to the Master Agreement be executed by the City and approved by the State. Staff is currently finishing the construction plans for the Duarte Road Street Rehabilitation Project and coordinating with Caltrans for construction approval. The paving project is intended to follow the Underground Utility District (UUD) No. 15 Project, which is under construction and expected to be completed by the end of May. The Duarte Road Street Rehabilitation Project is scheduled for construction in July and August of 2007. A resolution approving the supplemental agreement is part of the Caltrans requirement for construction approval. Staff recommends that the City Council adopt Resolution No. 6557 approving Program Supplement Agreement No. 007-N to encumber Federal Aid Funds for the Duarte Road Street Rehabilitation Project and authorize the City Manager and the City Clerk to execute this agreement. BACKGROUND In October of 2006, Southern California Edison Company (SCE) commenced construction of Underground Utility District (UUD) No. 15, on Duarte Road from EI Monte Avenue to the west City limits. The project will remove all overhead wires and poles on Duarte Road and on portions of side streets where wires intersect. The installation of underground conduit will be completed in early spring. In anticipation of the UUD, staff has been planning to follow the underground conduit construction with a street rehabilitation project to repair and repave the street. Staff Report Adopt Resolution No. 6557 February 20, 2007 Page 2 The Fiscal Year 2007-2008 Capital Improvement Project includes a project to rehabilitate the pavement on Duarte Road from EI Monte Avenue to westerly City limit. This project will consist of asphait grinding and paving, constru,ction of new ramps per ADA compliance and removal and replacement of curb and gutter, driveway approach, sidewalk, installation of traffic striping, markings and appurtenances. The project will be funded by Federal Aid funds as part of State Transportation Program-Local (STP-L). DISCUSSION In December 1997, the City Council of the City of Arcadia by adoption of Resolution No. 6014 entered into Master Agreement No. 07-5131 entitled "Master Agreement Administrating Agency-State Agreement for Federal Aid Projects" with the State of California. The Master Agreement requires that for every Federal funded project a Supplemental Agreement to the Master Agreement be executed by the City and approved by the State. Resolution No. 6557 approves Program Supplemental Agreement No.007-N to Master Agreement No. 07-5131 with the State. This program Supplemental Agreement will encumber the Federal funding share of 88.53% of the total project costs from the Federal Aid Funds. FISCAL IMPACT The total estimated cost of this project is $1,300,000. State approval of the Program Supplemental Agreement No. 007-N allows reimbursement to the City up to $1,150,890 or 88.53% of the total project costs. The balance of the project costs, $149,110 or 11.47% will be financed with Prop C Funds that have been approved in the 2007-08 Capital Improvement Program. RECOMMENDATION That the City Council adopts Resolution 6557 approving Program Supplemental Agreement No. 007-N to administer Agency-State Agreement No. 07-5131 to encumber Federal Aid Funds for the Duarte Road Street Rehabilitation Project from EI Monte Avenue to Westerly City Limit and Authorize the City Manager and the City Clerk to execute this agreement. Approved By: -==-=J William R: Kelly City Manager DP:PAW:RF:pa Attachments: Resolution No.6557 Map of Project Area RESOLUTION NO. 6557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT No. 007-N TO ENCUMBER FEDERAL AID FUNDS FOR THE DUARTE ROAD STREET REHABILITATION PROJECT THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Supplement No. 007-N Program of Local Agency Federal Aid System Projects, to encumber Federal Aid funds for the Duarte Road Street Rehabilitation Project from EI Monte Avenue to Westerly City Limit is hereby approved and the Mayor and City Clerk are authorized to sign such Supplement Agreement. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of ,2007. Mayor of the City of Arcadia Al-f EST: City Clerk of the City of Arcadia APPROVED AS TO FORM: Stephen Deitsch, City Attorney oevu.ambeN~r ;¢amr.ev ne= ENGINECRINfi pIV~.SIQN QTY OP ARCADIn PATE: ~ DUARTE RD REHABII_ITATION By ---- Westerly City Limit to EI `"K~° RY U~,w„t ,f, _ Mor~te Ave scn~E Nor+t, RESOLUTION NO. 6557 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING PROGRAM SUPPLEMENT AGREEMENT No. 007-N TO ENCUMBER FEDERAL AID FUNDS FOR THE DUARTE ROAD STREET REHABILITATION PROJECT THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Supplement No. 007-N Program of Local Agency Federal Aid System Projects, to encumber Federal Aid funds for the Duarte Road Street Rehabilitation Project from EI Monte Avenue to Westerly City Limit is hereby approved and the Mayor and City Clerk are authorized to sign such Supplement Agreement. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this Zotn day of February ,2007. ISI FtOGER CHAN~L Mayor of the City of Arcadia ATTEST: P~I JA~ES H. ~~~~~~ City Clerk of the City of Arcadia APPROVED AS TO FORM: ~~~ ~ ~ Stephen Deitsch, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JEIMES H. BARRO~~'S, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resalution-No.-6~57-waspassed u~d~doptedfiytlr~(:ity C-aunci]-af-- 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 20th day of February, 2007 and that said Resolution was adopted by the following vot~ to wit: AYES: Counci] Member Amundson, Harbicht, Segal, Wuo and Chandler NOES: None ABSENT: None ~J JA~ES H. ~ARR~S City Clerk of the City of Arcadia 2 ~. ~, ~ Auuu PJ ~IY01 , ~ 9 ~~'~niry oCNo ` STAFF REPORT Development Services Department February 20, 2007 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Director Prepared by: Jason Kruckeberg, Community Development AdministratorSGK SUBJECT: Ordinance No. 2223 an Ordinance of the Citv Council of the Citv of Arcadia California, amendinq Chaqters 2 and 3 of Article IX of the Arcadia Municipal Code reqardina the review process for modifications to the Established Setback Lines, and permittinq temporaN storaqe containers within sinqle-familv residential zones Recommendation: Adoption Ordinance No. 2223 SUMMARY The City Council at its February 6, 2007 meeting voted 5-0 to introduce Ordinance No. 2223 amending the Arcadia Municipal Code pertaining to revising the review process for modifications to the Established Setback Lines, and adding regulations to permit temporary storage containers within single-family residential zones. Attached is City Council Ordinance No. 2223: An Ordinance of the City Council of the City of Arcadia, California, pertaining to regulations for established setback lines, and regulations for temporary storage containers within single-family residential zones. RECOMMENDATION That the City Council adopts Ordinance No. 2223. Approved by: ~~ William R. Kelly, City Manager ~,\ Attachment: Ordinance No. 2223 t ORDINANCE NO. 2223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PERTAINING TO .REGULATIONS FOR ESTABLISHED SETBACK LINES, AND REGULATIONS FOR TEMPORARY STORAGE CONTAINERS WITHIN SINGLE-FAMILY RESIDENTIAL ZONES. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Those certain sections of the Arcadia Municipal Code set forth in Exhibits "A" through "C" are amended to read as shown in Exhibits "A" through "C". SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect thirty-one (31) days after its adoption. Passed, approved and adopted this _ day of , 2007. ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: ~~'~.,~ G? ~~~~ Stephen P. Deitsch City Attorney Mayor of the City of Arcadia 9292.2.3 AUTHORITY Administrative modification as may be necessary to secure an appropriate improvement may be granted upon the approval of the Planning Division. The Planning Division shall have the authority to approve, conditionaliy approve or deny modifications of the following: 1. Rear yard setbacks. 2. Distance between buildings. 3. Special Setbacks. 4. Fence and wall heights along the side and rear property lines except along the street side of a corner lot. 5. Interior side yard setback(s) for single-story additions to an existing dwelling in the R-M, R-0, and R-1 zones, where the portion of said addition(s) which does not ~ comply with the setback requirements consists of a total of thirty (30) linear feet or less and maintain(s) the same or greater setback than the existing building walls; and provided, that a minimum interior side yard setback of three (3) feet in the R-1 and five (5) feet in the R-0 zones is maintained. Exhibit A PART 2. CCTAQI ICLJCII CCTQA/~1! 1 ~~~rc SPECIAL SETBAC, v K~ S ~ 9320. DESIGNATION OF SPECIAL SETBACKS N!u€S~ Pursuant to Part 1 of this Chapter, special setback li~es are established at the location and on the street described in each subsection of this Part. Each special setback 1i~e thus established shall be measured from the centerline of the particular street described in the respective subsection hereof to the distance there from on adjacent private property specified in each subsection. Any deviations to the Special Setbacks shall be subject to an AdministratiVe Modification. In the following subsections of this Part, the following abbreviations are used and shall have the following meanings: A. T. & S. F. Ry. means Atchison, Topeka & Santa Fe Railway Ave: means Avenue Blk. ,means Block E. means east or easterly Ft. means foot or feet Ln. means Lane N. means north or northerly PI. means Place Rd. means Road S. means south or southerly S.P.R.R. means Southern Pacific Railroad St. means Street Tr. Means Tract W. means west or westerly Huntington Dr. EB means that portion of Huntington Drive which is, by ordinance or resolution, restricted to eastbound vehicular traffic only. Huntington Dr. WB means that portion of Huntington Drive which is, by ordinance or resolution, restricted to westbound vehicular traffic only. Exhibit B 9281.3.1. Temporary Storage Containers R-M, R-0, & R-1 Residential Zones The following standards apply to any temporary storage container that is utilized for securing building equipment during the construction phase of a project. For the purpose of this Section 9281.3.1 a temporary storage container is a large durable manufactured box used only for the shipment or storage of non- perishable items. A. Temporary storage containers shall not be located within five (5) feet of a side property line, nor within three (3) feet from a rear lot line. Locating a storage container within a front yard area shall not interfere with the vehicular visibility standards for driveways and intersections prescribed in this Chapter. B. All temporary storage containers are limited to one (1) container for properties with less than twenty thousand square feet of lot area, and two (2) containers for properties with twenty thousand or more square feet of lot area. In no case shall there be more than two (2) storage containers located on a single property. C. All temporary storage containers are limited to a maximum size of twenty (20) feet in length, eight (8) in width, and 8'-6" in height as measured from the existing grade to the top of the container. _ Such containers shall not be stacked on top of another container. D. Temporary storage containers are subject to a color palette approved by the Development Services Department. E. Temporary storage containers must be cDnstructed of fire resistive materials. F. Temporary storage containers must provide adequate ventilation. G. Combustible items are prohibited from being located within any temporary storage container. H. A scaled site plan shall be provided to the Development Services Department for the purpose of ensuring that the proposed location for a temporary storage container will be in accordance with all applicable requirements, which includes without limitation compliance with the City's Oak Tree Preservation Ordinance. I. Any storage container utilized for less than fourteen (14) consecutive days shall be subject to an administrative permit from Building Services. if needed in excess of fourteen (14) consecutive days the storage container shall only be permitted under an active building permit for a period not to exceed six (6) months from the issuance date of the permit or until a final building inspection is completed, whichever occurs first. The required permit shall be obtained from Building Services following the approval of the required site plan review and prior to the arrival of the container on the site. EXCEPTION. Upon a written request from the property owner, filed prior to the expiration of an approved temporary storage container, the time at which the use of the container expires may be extended by the Development Services Department for a period`not exceeding six (6) months beyond the initial approval period. J. All temporary storage containers shall be maintained in a clean and orderly manner. Exhibit C ORDINANCE NO. 2223 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PERTAINING TO REGULATIONS FOR ESTABLISHED SETBACK LINES, AND REGULATIONS FOR TEMPORARY STORAGE CONTAINERS WITHIN SINGLE-FAMILY RESIDENTIAL ZONES. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Those certain sections of the Arcadia Municipal Code set forth in Exhibits "A" through "C" are amended to read as shown in Exhibits "A" through "C". SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect thirty-one (31) days after its adoption. Passed, approved and adopted this zocn day of February , 2007. IS/ R~GER CHANDLER Mayor of the City of Arcadia ATTEST: J~a g~ Ha ~N°96 Y~ tl ~ City Clerk of the City of Arcadia APPROVED AS TO FORM: ~~'~,,,. C'. ~~e,~ Stephen P. Deitsch City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. Bt1RROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2223 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 20th day of February, 2007 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Member Amundson, Harbicht, Segal, Wuo and Chandler NOES: None ABSENT: None 05/ ~A~ES H. ~~RR Ciry Clerk of the City of Arcadia 2 9292.2.3 AUTHORITY Administrative modification as may be necessary to secure an appropriate improvement may be granted upon the approval of the Planning Division. The Planning Division shall have the authority to approve, conditionally approve or deny modifications of the following: 1. Rear yard setbacks. 2. Distance between buildings. 3. Special Setbacks. 4. Fence and wall heights along the side and rear property lines except along the street side of a corner lot. 5. Interior side yard setback(s) for single-story additions to an existing dwelling in the R-M, R-O, and R-1 zones, where the portion of said addition(s) which does not comply with the setback requirements consists of a total of thirty (30) linear feet or less and maintain(s) the same or greater setback than the existing building walls; and provided, that a minimum interior side yard setback of three (3) feet in the R-1 and five (5) feet in the R-0 zones is maintained. Exhibit A PART 2. CCTAQI ICLICII CCTQA/`I! I IAIC SPECIAL SETBACKS 9320. DESIGNATION OF SPECIAL SETBACKS „~ Pursuant to Part 1 of this Chapter, special setback liaes are established at the location and on the street described in each subsection of this Part. Each special setback aiRe thus established shall be measured from the centerline of the particular street described in the respective subsection hereof to the distance there from on adjacent private property specified in each subsection. Any deviations to the Special Setbacks shall be subject to an Administrative Modification. In the following subsections of this Part, the following abbreviations are used and shall have the following meanings: A. T. & S. F. Ry. means Atchison, Topeka 8 Santa Fe Railway Ave. means Avenue Blk. ,means Block E. means east or easterly Ft. means foot or feet Ln. means ~ane N. means north or northerly PI. means Place Rd. means Road S. means south or southerly S.P.R.R. means Southern Pacific Railroad St. means Street Tr. Means Tract W. means west or westerly Huntington Dr. EB means that portion of Huntington Drive which is, by ordinance or resolution, restricted to eastbound vehicular traffic only. Huntington Dr. WB means that portion of Huntington Drive which is, by ordinance or resolution, restricted to westbound vehicular traffic only. Exhibit B 9281.3.1. Temporary Storage Containers R-M, R-0, & R-1 Residential Zones The following standards apply to any temporary storage container that is utilized for securing building equipment during the construction phase of a project. For the purpose of this Section 9281.3.1 a temporary storage container is a large durable manufactured box used only for the shipment or storage of non- perishable items. A. Temporary storage containers shall not be located within five (5) feet of a side property line, nor within three (3) feet from a rear lot line. Locating a storage container within a front yard area shall not interfere with the vehicular visibility standards for driveways and intersections prescribed in this Chapter. B. All temporary storage containers are limited to one (1) container for properties with less than twenty thousand square feet of lot area, and two (2) containers for properties with twenty thousand or more square feet of lot area. In no case shall there be more than two (2) storage containers located on a single property. C. All temporary storage containers are limited to a maximum size of twenty (20) feet in length, eight (8) in width, and 8'-6" in height as measured from the existing grade to the top of the container. Such containers shall not be stacked on top of another container. D. Temporary storage containers are subject to a color palette approved by the Development Services Department. E. Temporary storage containers must be constructed of fire resistive materials. F. Temporary storage containers must provide adequate ventilation. G. Combustible items are prohibited from being located within any temporary storage container. H. A scaled site plan shall be provided to the Development Services Department for the purpose of ensuring that the proposed location for a temporary storage container wili be in accordance with all applicable requirements, which includes without limitation compliance with the City's Oak Tree Preservation Ordinance. I. Any storage container utilized for less than fourteen (14) consecutive days shall be subject to an administrative permit from Building Services. If needed in excess of fourteen (14) consecutive days the storage container shall only be permitted under an active building permit for a period not to exceed six (6) months from the issuance date of the permit or until a final building inspection is completed, whichever occurs first. The required permit shall be obtained from Building Services following the approval of the required site plan review and prior to the arrival of the container on the site. EXCEPTION. Upon a written request from the property owner, filed prior to the expiration of an approved temporary storage container, the time at which the use of the container expires may be extended by the Development Services Department for a period not exceeding six (6) months beyond the initial approval period. J. All temporary storage containers shall be maintained in a clean and orderly manner. Exhibit C , { ~~~~ ,..~.w.,.~ ..~.... 'm°n~~Y °~K°6`~ S TAFF REP~RT Public Works Services Department DATE: February 20, 2007 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Director f Prepared by: Tom Tait, Deputy Public Works Serwces Director Marie Nguyen, Management Aide SUBJECT: ORDINANCE NO. 2225 AMENDING ARTICLE V CHAPTER 1 OF THE Recommendation: Introduce SUMMARY Periodically, Waste Management (WM), the City's residential refuse hauier, conducts audits in the City to locate residential addresses that are not paying for and/or do not have refuse collection service. Thus far, from a recent audit, there have been approximately 100 addresses that are not receiving invoices from Waste Management. Consequently, staff has received complaints from a few residents detected from the audit, who refuse to pay for trash collection services after they receive an invoice from WM. The City Attorney has advised staff to direct residents to the Arcadia Municipal Code (AMC) that defines the terms and conditions of required trash service in the City, however, some residents find the AMC to be ambiguous. The proposed ordinance will not change the existing code, however, it will clarify the language of the section. Staff is recommending that the City Council introduce Ordinance No. 2225 amending Article V, Chapter 1 of the Arcadia Municipal Code to clarify certain provisions regarding solid waste service. DISCUSSION Cities are authorized, under both the California lntegrated Waste Management Act and their inherent municipal authority, to establish mandatory service requirements for solid waste. Mandatory service requirements are extremely common in California cities. It is the City's obligation to protect the public health and safety by requiring all residents to have trash collection service. month, which includes three green waste. With standard our efforts to maximize the r waste disposed in landfil{s requirements. Standard minimum service for residents costs $12.77 per (3) si~y-four (64) gallon bins for refuse, recyclables, and refuse services, the residents' participation contributes to euse and recycling of materials to minimize the amount of , which keeps Arcadia in compliance with AB 939 However, some residents still refuse to sign up and pay for trash service. Instead, they are gathering their trash and transporting it to their piace of business, commercial dumpsters, their neighbors' trash bins, or relatives' homes in other cities. This practice is not conducive to the intent of the City's AMC and the City's goals of maintaining 50% diversion rate as mandated by the State of California. Therefore, staff is introducing this ordinance to clarify the section of the Arcadia Municipaf Code to make it very clear that residents must sign up for trash collection services. Staff is recommending that the City Council introduce Ordinance No. 2225 amending Articfe V, Chapter 1 of the Arcadia Municipal Code to clar'rfy certain provisions regarding solid waste service. FISCAL IMPACT There is no fiscal impact. RECOMMENDATION Introduce Ordinance No. 2225 amending Article V, Chapter 1 of the Arcadia Municipal Code to clarify certain provisions regarding solid waste service. APPROVED: lu""' w--~ William R. Kelly, City Manager PM:TT:mn ORDINANCE NO. 2225 AN ORDINANCE OF THE CITY COUNCIL OF T'F~ CITY OF ARCADIA, CALIFORTIIA, AMENDING SECTIONS 5120.1 AND 5120.7.1 OF ARTICLE V CHAPTER 1 OF TI-IE ARCADIA MiJNICIPAL CODE TO CLARIFY CERTAIN PROVISIONS REGARDING SOLID WASTE SERVICE WHEREAS, existing provisions of the Arcadia Municipal Code require the owners, managers, and occupants of residential, commercial, industrial, and other types of property to subscribe to the solid waste services provided by the City's solid waste franchisee; and WHEREAS, state law autliorizes tYie City to require subscription to the solid waste services provided by the City's solid waste franchisee; and WHEREAS, the City Council wishes to adopt minor clarifying amendments to certain provisions of the Municipal Code pertaining to solid waste service, in order to avoid the possibility of confusion on the part of the public; and WHEREAS, the City Council finds that the amendments enacted through this ordinance merely clarify the existing provisions of the Arcadia Municipal Code, and do not in any way alter or amend the obligations of any person to subscribe to solid waste collection service; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFOItNIA, DOES ORDAIN AS FOLLOWS: 1 SECTION 1. Article V, Chapter 1 of the Arcadia Municipal Code is hereby amended by amending Section 5120.1 to read as follows: "51201 SAME. FREQUENCY. The City, its agents, employees, or the person with whom the City has entered into or may hereafter enter into a contract for the collection and removal of garbage, or refuse shall collect and remove all garbage and refuse accumulated at the intervals specified in the following subsections hereo£ Garbage or refuse presented for collection must have been accumulated from or generated by the use of the property from which the collection is made:' SECTION 2. Article V, Chapter 1 of the Arcadia Municipal Code is hereby amended by amending Section 5120.7.1 to read as follows: "5120.7.1 SERVICE AND PAYMENT. 'The owners or occupants of all single-family houses and all multiple-dwelling units including, without limitation, duplexes, triplexes, apartments and condominiums iri the City shall subscribe to and pay for garbage or refuse collection service; regardless of whether garbage or refuse is placed for collection. Such service shall be provided by the City's duly authorized residential refuse collector as established by the Arcadia Municipal Code, resolutions of the City and the City Residential Refuse Agreement. No person sha11 refuse such service, use other service, or fail to pay the collector of 2 such garbage or refuse the fee charged by such collector, which shall be in accordance with the rates fixed and determined by resolution of the City Council." SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. T'his Ordinance shall take effect on the thirty first (31) day after its adoption. Passed approved and adopted this day of , 2007. Mayor of the City of Arcadia ATT'EST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 1 . ~, ~ ~"°°RAO~.rBn.~'°` STAFF REPORT Administrative Services Department DATE: February 20, 2007 TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Direct~ SUBJECT: Recommendation: Approve SUMMARY Staff is recommending the City Council authorize an appropriation of $60,000 from the General Fund's unappropriated fund balance for personnel legal services. BACKGROUND In January 2003, the City Manager, Assistant City Manager and Administrative Seroices Director interviewed several attorneys and firms primarily for the purpose of selecting a firm to represent the City during labor negotiations. William Floyd of Best, Best and Krieger was ultimately selected for that purpose and that action was approved by the City Council in March 2003. In addition, staff also felt it was critical to have access to more than one attorney or firm when addressing issues in the area of employee relations. Many times when an investigation into a matter is necessary, it is imperative that an independent attomey that will not ultimately be defending the City if litigation occurs, conduct the investigation, represent the City in a grievance hearing, etc. As a result, the City reached agreement with independent firms for services on an as needed basis. The City Council was informed of this action in a staff report in March 2003. DISCUSSION For the 2006/07 FY, staff included $100,000 in the Administrative Services Department budget for legal services. As of December 31, 2006 approximately $53,600 has been spent in this account. With more activity in recent months, and with several current personnel issues pending that remain "confidential" at this time, staff is projecting that personnel legal costs may exceed the amount currently budgeted. As a result, staff is recommending the City Council authorize an appropriation of $60,000 from the General Fund's unappropriated fund balance for personnel legal services and authorize staff to continue utilizing personnel legal services under a current letter agreement that is in place with Jackson Lewis, LLP. Staff has been working with this firm on a number of personnel issues and is recommending this firm continue their work for the City. FISCAL IMPACT Adequate funds are available in the General Fund's unappropriated fund balance for fiscal year 2006/07. RECOMMENDATION It is recommended the City Council: Authorize an appropriation from the General Fund's unappropriated fund balance of $60,000.00 for personnel legal services Approved: ~ I~`'" "" William R. Kelly, City Manager 2 ~O~ ~K \ 5 ~~,.~~>aR,,,,q O~ 1 , 1 `Y r ~~.o.....,.a ,..W ~ ~. ~~o, ~~+~~a~Yo{N~Q`s STAFF REPORT Development Services Department DATE: February 20, 2007 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Director~" Philip A. Wray, City Engineer Prepared by: Rafae! Fa}ardo, Assrstant Engineer ~~'~: SUBJECT: Additional Streetliqhts on Duarte Road Recommendation: Appropriate $47,000 from the Unappropriated Budget Surplus in the Capital Outlay Fund for Additional Streetlights on Duarte Road as part of the Underground Utility District #15. SUMMARY Southern California Edison Company (SCEj is currently administering the construction oi Underground Utility District (UUD) No. 15, on Duarte Road from EI Monte Avenue to the west City limits. The project will remove all overhead wires and poles on Duarte Road and on portions of side streets where wires intersect. As part of the UUD, streetlight wires will also be installed underground. SCE has offered to install additional streetlights at the City's cost if desired. Due to the need for additional streetlights on Duarte Road, the City has requested that SCE install 17 additional streetlights as part of the UUD. The work, which includes incidental traffic signal wiring, was originally budgeted in the 2007-2008 Capital Improvement Program at $100,000. Work is progressing ahead of schedule and SCE is now preparing for the streetlighting work at a revised estimate of $47,000. Staff recommends that the City Council appropriate $47,000 from the unappropriated budget surplus in the Capital Outlay Fund for additional streetlights on Duarte Road as part of the Underground Utility District #15. BACKGROUND On January 20, 2004, the City Council adopted Resolution No. 6413 establishing Underground Utility District (UUD) No. 15 on Duarte Road from EI Monte Avenue to the west City limits for the conversion of the existing overhead facilities to underground facilities including streetlight wires. In October of 2006, the first phase of construction began with the instalfation of underground conduits. Southern California Edison Company (SCE) is administering the construction contract, which also includes work for RT&T and the cable companies. The project will remove all overhead wires and poles on Duarte Road and on portions of side streets where wires intersect. The installation of underground conduit was expected to take until June to complete; however, the contractor is moving faster than expected and the Staff Report Additional Streetlights on Duarte Road February 20, 2007 Page 2 conduit installation is very nearly complete and the installation of the new underground lines and connections will begin very shortly. DISCUSSION As part of the UUD, streetlight wires will also be installed underground. SCE has offered to install additional streetlights at the City's cost if desired. Upon review by the ~ity, it was determined that 17 additional streetlights are necessary to provide a standard and consistent lighting pattern on Duarte Road. There will also be minor electrical connection costs to the City for new traffic signal wiring. Staff has been coordinating with SCE on the cost and scheduling of the new streetlights and signal wiring and was originally told the cost would be approximately $100,000 and the timing would be fall of 2007. Staff proceeded to budget the work in the fiscal year 2007-2008 Capital Improvement Program (CIP) in the amount of $100,000. Now that the underground conduit installation phase is almost complete, SCE is preparing to install the new streetlights. The finalized cost for the lights and traffic signal work is $d7,000. ENVIRONMENTAL ANALYSIS The project is categorically exempt per Section 15301 c{ass 1(d) from the requirements of California Environmental Quality Act (CEQA). FISCAL IMPACT Funds were budgeted in the fiscal year 2007-2008 CIP in the amount of $100,000 for Underground Utility District #15 Additional Streetiighting. This action is a request to move this project to the current fiscal year CIP and reduce the budget and appropriate $47,000 in the Capital Outlay Fund. The requested amount is su~cient to cover the cost of all services and contingencies. RECOMMENDATION That the City Council authorize the City Manager to appropriate $47,000 from the unappropriated budget surplus in the Capital Outlay Fund for the additional streetlights on Duarte Road as part of the Underground Utility District #15. Approved By: _ ~" ' WILLIAM R. KELLY City Manager DP:PAW:RF:pa ` ~ ~ i.. im ~~~altyo<N°F`• STAFF REPORT Public Works Services Department DATE: February 20, 2007 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Dire to6 r ~' y Prepared by: Tom Tait, Deputy Public Works Services Director Dave Thompson, Streets Superintendent SUBJECT: AWARD A PURCHASE ORDER IN THE AMOUNT OF 565.000.00 TO Recommendation: Approve SUMMARY In February 2002, the California Energy Commission adopted new energy efficiency standards for traffic signal modules and traffic signal lamps. The new regulations require that the power consumption of traffic signal modules and traffic signal lamps shall not be greater than 25 watts. The Public Works Services Department (PWSD) has been in the process of converting the fifty-nine (59) traffic signals located in Arcadia to Light-Emitting Diodes (LED) because it is the only technology currently capable of meeting the requirements. Thus far, PWSD has converted 17 traffic signals and pedestrian devices to LEDs. In order to replace the remaining 42 traffic signals that have incandescent lights with LED bulbs, staff recommends the City Council award a purchase order in the amount of $65,000 to JTB Supply for the purchase of LED lights and pedestrian crossing devices. DISCUSSION As traffic problems continue to grow in Southem Califomia, it has been a priority of Arcadia to ensure a continuous, smooth flow of traffic throughout the City. One way of doing so is to ensure that all traffic signal lights are working properly and that burned out lamps are rep~ace as soon as they are reported. When an incandescent light burns out, staff replaces the light with the LEDs. According to the California Energy Commission, a typical LED traffic light reduces electricity use by 80-90 percent compared to an incandescent light bulb. Page 1 of 2 Mayor and Ciry Council February 20, 2007 The cost of an LED lamp ranges from $40 to $100 depending on the color (red, amber, or green) and size of the bulb (8 inch or 12 inch). With fifty-nine (59) traffic signals located in the City, there are approximately 1000 incandescent lights that need to be replaced because each signai light can entail belween 36 to 5~ bulbs, this includes the turning arrows and the pedestrian signals. In order to keeps costs low, staff investigated cooperative purchase agreements (also known as "piggy-backing") with other municipalities that purchase LEDs. The Los Angeles County Department of Public works, in cooperation with JTB Supply Co., has authorized the City of Arcadia to receive the same price for the purchase of LEDs and other related accessories. If the City were to go out to competitive bid, other suppliers would charge the Ci1y between $40-$100 per light, however, with the cooperative purchase agreement, the City will be charged .$30-$70 per light, a savings of approximately 15%-20% overall. JTB Supply Company has also agreed to extend the price offered on a previous bid for pedestrian crossing devices. To help with the cost of converting traffic signals to be energy efficient, the City will receive a reimbursement grant in the amount of $15,000 that will be paid after all incandescent bulbs are reptaced with the energy-efficient LEDs by Southem Califomia Edison. Staff recommends the City Council award a purchase order in the amount of $65,000 to JTB Supply for the purchase of LED lights and pedestrian crossing devices. ENVIRONMENTAL IMPACT The environmental impact study is not necessary. FISCAL IMPACT There are sufficient funds in the 2006-2007 Operation and Maintenance Fund. RECOMMENDATION 7. Award a purchase order in the amount of $65,000 to JTB Supply Co. for the purchase of LED lights and related accessories. 2. Waive the formal bidding process and authorize a cooperative purchase with JTB Supply Co. using the contract prices for the Los Angeles County Departrnent of Public Works. 3. Authorize the City Manager and City Clerk to execute contracts in a form approved by the City Attorney. APPROVED: ~'_"~=-~ William R. Kelly, City Manager PM:TT:DT Page 2 of 2 ~ , 1~ A ,. , STAFF REPORT Administrative Services Department DATE: February 20, 2007 TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Direct~ Michael A. Casalou, Human Resources Administra~or ~ SUBJECT: Classification Saecifications and Compensation Levels for Leqal Assistant, Records Coordinator and Chief Deputv Citv Clerk/Records Manaper Recommendation: Approve SUMMARY It is recommended that the City Council approve new job specifications and compensation levels for Records Coordinator in the City Clerk Office, Legal Assistant in the City Attorney Office, and approve revisions to the Chief Deputy City Clerk/Records Manager job specification in the City Clerk Office. BACKGROUND The City Attorney and City Clerk Offices are both divisions of the City Manager's Department. Several months ago, the incumbent Chief Deputy City Clerk/Records Manager resigned from the City of Arcadia. The Legal Coordinator in the City Attorney's Office was temporarily appointed Interim Chief Deputy City Clerk/Records Manager while the City recruited for a permanent replacement. After unsuccessfully recruiting for this position, an operational study was conducted of both the City Clerk and City Attorney Offices. As a result, staff is recommending a reorganization of the City Clerk and City Attorney Offices. DISCUSSION Periodically, departments experience the need to create new classifications or revise existing job descriptions to address operational needs. Due to recent staffing changes in the City Cierk Office, an operational study was conducted and staff has determined that a department reorganization would best fit this situation. The proposed new and revised job classifications pertain to two City divisions under the City Manager's Department as follows: Mayor and City Council February 20, 2007 Page 2 of 3 Citv Attornev Office Leqai Assistant The Legal Coordinator position is currently the sole City employee in the City Attorney Office and is responsible for providing complex paralegal and administrative oversight of office activities, including staff support to the contract City Attorney. Due to the promotion of the incumbent Legal Coordinator to the position of Chief Deputy City Clerk/Records Manager, it is being recommended that the position of Legal Assistant be created to fill that vacancy. The Legal Assistant position has less responsibility than the Legal Coordinator position, but will continue to perform a variety of responsible, confidential, legal secretarial and administrative duties in support of the City Attorney. The Legal Assistant is being proposed at salary range 53 ($3,431 -$4,284 per month). Citv Clerk O~ce Chief Deoutv Citv Clerk/Records Manaaer It is being recommended that the City Council approve the revised Chief Deputy City Clerk/Records Manager job specification to include language that this position will oversee the activities and operations of the City Attorney office as well as the City Clerk Office. No change in salary is being proposed at this time. Records Coordinator: It is also being recommended that the City Council approve the job specification and compensation level for the position of Records Coordinator in the City Clerk Office. This position will replace the existing vacant position of Administrative Assistant and is being created to assist in implementing and creating a comprehensive citywide records management program in accordance with records management policies, procedures and tegal requirements. This position will also provide administrative and clerical assistance to this o~ce. The Records Coordinator is being proposed at salary range 55 ($3,604 - $4,500 per month). The class specifications for all three positions involved in this reorganization were approved at the February 9, 2007 regular meeting of the Arcadia Human Resources Commission. FISCAL IMPACT Staff is proposing to fill the vacant Legal Coordinator position (Range 59) with the new position of Legal Assistant (Range 53) and the vacant Administrative Assistant position (Range 45) with the new Records Coordinator position (Range 55). Ultimately, this reorganization will result in a slight cost increase of approximately $4,000 annually. Mayor and City Council February 20, 2007 Page 3 of 3 However, it is anticipated the newly hired employees will begin employment below the top step in the salary range. As a result, there will initially be some minor salary savings to the General Fund. RECOMMENDATION It is recommended the City Council approve the reorganization of the City Clerk and City Attorney Offices including approval of classification specifications and compensation levels for Legal Assistant, Records Coordinator and Chief Deputy City Clerk/Records Manager. APPROVED: I i) A C1, II ~ V~ ~ William R. Kelly, City Manager Attachments: Class Specification for Chief Deputy City Clerk/Records Manager Class Specification for Records Coordinator Class Specification for Legal Assistant CITY OF ARCADIA LEGAL ASSISTANT Under direction, to perform a variety of responsible, confidential, and complex paralegal, legal secretarial, and administrative duties in support of the City Attorney and other office staff; w assist in planning, organizing, and coordinating support activi6es, City Attorney's Office; and to provide general information public. operations, and functions related to the and assistance to staff and the general May exercise technical and functional supervision over lower level secretarial and clerical staff. Perform responsible and difficult legal secretarial and administrative work involving the use of independent judgment and personal initiative; perform varied and responsible secretarial duties to assist in the processing and completion of adnvnistrative operations for the City Attorney's Office. Prepare, draft, and file misdemeanor criminal complaints, inspection warrants (nuisance abatement), discovery motions (Pitchess declazations), and miscellaneous pleadings with Courts. Provide assistance and paralegal support to outside counsel on lawsuits as assigned. Review and process claims filed against the City with claims administrators. Coordinate the investigation of claims againsf the Ciry. Process and review subpoenas for records and employee appearances for hearings, deposi6ons or related legal matters. Assist code services and fire prevention staff in developing violation alternatives. Prepaze, draft, and proofread ordinances, resolutions, covenants and other legal and technical material for proper form, accuracy and completeness. Attend to and process administrative details; independently respond to routine letters and general correspondence; compose and prepare letters, memoranda, and reports pertaining to standazd policies; draft routine legal pleadings. City ojArcadia ~Ta! A.c.ci.cfnnt (Cnntinrte ) P~~ Receive, compile, and organize information for the prepazation of correspondence, documents, and reports as assigned; prepare a variety of conespondence, documents, and reports; compose confidential correspondence, documents, and reports; maintain confidentiality of information. Serve as a primary resource and informarion source regazding Division policies, procedures, objectives, and operational functions; receive and interview office visitors and telephone callers; answer questions and provide information where judgment, knowledge and interpretations are utilized, especially in the proper handling of confidential inforrnafion or files; resolve complaints; refer caller to appropriate source as necessary. Maintain detailed calendar of Division activities and for assigned staff; arrange interviews, appointments, schedules, conferences, travel arrangements, and i6neraries. Establish and maintain complete records and files, including operarional and administrative records. Coordinate, supervise, and monitor special projects, assignments and activities as assigned; maintain conirol files on matters in progress and expedite their completion. Type a variety of legal documents, including resolutions, ordinances, notices, deeds, contracts, subpoenas, affidavits, briefs, motions, orders, jury instntctions, discovery documents, complaints, answers, summonses, warrants and related documents from verbal instructions, rough draft, transcribing machine recording, or word processing transfer. Open and maintain case files; locate and copy legal files for defendants and their attorneys; prepaze statements and prepaze entries in ledger. Ensure all documents are prepazed and filed in conformance with court rules. Operate modern office machines and equipment, including word processors, typewriters, printers, copiers, calculators, and FAX machines; routinely use a full range of word processing and spreadsheet computer software applications. Order, receive, inventory, store, and distribute supplies, foans, and related items; prepaze purchase orders. Attend and participate in staff meetings and related activities; attend workshops, conferences, and classes to increase professional knowledge; stay abreast of court rules regarding the preparation and filing of documents in federal, state and local courts. Ciry of Arcadia ~gal Ac.ci.ctnnt ~Cnntinu 1 PQgv. ? nf S Perform related duties and responsibilities as assigned. Legal terminology and the forms and documents used in legal secretarial work. Legal procedures and practices involved in composing, pmcessing and filing a variety of legal documents. Court proceedings and the filing of necessary documentation; standard legal documents. Applicable Federal, State, and local laws, codes and regulations, including the Public Records Request Act. Standard legal references and their contents. Principles and practices of basic fiscal, statistical, and administrative data collection and report preparation. Modern office procedures, methods, and equipment including computer equipment and applicable softwaze programs. English usage, spelling, vocabulary, grammar, and punctuation. Principles and practices of business letter writing. Principles and procedures of record keeping. Principles and techniques used in dealing with the public. Word processing methods, techniques, and programs including spreadsheet and data base applications. Practices used in minute taking and prepararion. Basic mathematical principles. City af Arcadia j,p~al Arcicmnt ((bn in iP Przve 4 nf5 Skill tn: Operate modern office equipment, including computer equipment. Type at a speed of 60 words per minute and enter data at a speed necessary for successful job perfom~ance. Transcribe recorded dictation. Ahili tn• Learn, interpret, and apply pertinent Federal, State, and local laws, codes, and regulations including administrative and departmental policies and procedures. Work independently within a broad framework of standazd policies and procedures. Use independent judgment, initiative, and good human relations and pmblem solving skills in the application and follow through on decisions. Understand the organization and opera6on of the City and of outside agencies as necessary to assume assigned responsibilities. Respond to questions from the public and City personnel regazding policies and procedures for the assigned area. Work cooperatively with other depariments, City officials and outside agencies. Perform responsible and difficult administrative and legal secretarial work involving the use of independent judgment and personal initiative. Analyze situations carefully and adopt effective courses of action. Maintain confidential data and information. Independently prepare legal documents, correspondence and memoranda. Perform mathematical computations quickly and accurately. Compile and tabulate data and information and prepaze summaries and reports. Plan and organize work to meet schedules and timelines. Ciry ofArcadia Legal A.csrctanf (Cnntinuedl PagQ S nT S Exercise good judgment, fleacibility, creativity, and sensitivity nt response to changing situations and needs. Communicate clearly and concisely, both orally and in writing. Establish, maintain and foster positive and harmonious working relationships with those contacted in the course of work. F,x rience; Three years of increasingly responsible legal administrative secretarial, administrative assistant, office management, or related experience. Tra!^'^e: Equivalent to the completion of the twelfth grade supplemented by specialized legal secretarial and office practices course work. Snecial Renuir m n c; Essential duties require the following physical skills and work environment: Ability to work in a standard office environment. Effective Date: February 2007 CITY OF ARCADIA RECORDS COORDINATOR Under direction, to perForm a variety of responsible, confidential, and complex administrarive and secretarial duties for the Ciry Clerk's Office; to assist in the preparation, storage, and retrieval of official City documents; to plan, organize, and direct the activi6es of the records management program for the Cify; and to assist in the conduct of municipal elections. May exercise technical and functional supervision over lower level secretarial and clerical staff. Perform and manage a variety of activities relating to the City's centralized records management program, including the receipt, storage, retrieval, and disposition of official City records in accordance with legal requirements and records management polices and procedures; assign work to subordinate staff and provide training. Maintain Citywide department records in accordance with records management policy, procedures, and legal requirements. Interpret regulations, policies, and procedures; make decisions involving independent judgment and requiring specialized lmowledge of technical practices and precedents; analyze situations and make appropriate decisions without immediate supervision. Establish, maintain, and update complex wmputerized database programs and manual filing systems for City records. Assist staff and the public with questions regarding official documents or acdons of the City; explain policies and procedures related to document storage and other matters. Serve as the Electronic Document Management System (EDMS) Coordinator. Implement and coordinate a comprehensive records management program for the City and assist departments in the applica6on and implementation of record management policies, procedures, and techniques. Prepare and maintain records retention schedules, policies, procedures, and manuals for records management. City ojArcadia Records Coordinator (Continued) Page 1 of 4 Operate document imagine equipment, microfilm, computers and printers; coordinate microfilming of records by vendors and other work related to records maintenance. Provide documents, records and informarion to City personnel and the general public. Assist in a variety of department and program operations; coordinate, supervise, monitor, and participate in special projects, assignments and activities as assigned; maintain control files on matters in progress and expedite their comple6on; serve on committees as assigned. Perform responsible and difficult admiuistrative work involving the use of independent judgment and personal initiative; perform varied and responsible duties to assist in the processing and complerion of administrative operations for assigned staff. Operate modem office machines and equipment including word processors, typewriters, printers, copiers, calculators, and FAX machines. Perform related duties and responsibilities as assigned. Principles and practices of a centralized records management program. Applicable Federal, State and local laws, codes, and regulations, including the Public Records Act and the Freedom of Information Act. Filing methods, systems and equipment used in storing, retrieving and updating City records. Modern office procedures, methods, and equipment, including computer equipment and applicable software programs. English usage, spelling, vocabulary, grammar, and punctuation. Principles and practices of business letter writing. Principles and procedures of record keeping. ,Ciry ofArcadia Records Coordinator (Continued) Page 3 of 4 Principles and techniques used in dealing with the public. Word processing methods, techniques, and programs including spreadsheet and data base applications. Practices used in minute taking and preparation. Basic mathematical principles. Operate modern office equipment including computer equipment. Type at a speed of 60 words per minute and enter data at a speed necessary for successful job performance. Transcribe recorded diotation. Leam, interpret, and apply pertinent Federal, State, and local laws, codes, and regulations including administrative and departmental policies and procedures. Use independent judgment, initiative, and good human relations and problem solving skills in the application and follow through on decisions. Understand the organization and operation of the City and of outside agencies as necessary to assume assigned responsibilities. Respond to questions from the public and City personnel regazding policies and procedures for the assigned azea. Work cooperatively with other deparhnents, Ciry officials and outside agencies. Analyze situations carefully and adopt effective courses of action. Maintain confidential data and information. Perform mathematical computations quickly and accurately. Compile and tabulate data and information and prepaze summaries and reports. City ofArcadia Records Coordinator (Continued) Page 4 of 4 Plan and organize work to meet schedules and timelines. Exercise good judgment, flexibility, creativity, and sensitivity in response to changing situations and needs. Communicate cleazly and concisely, both orally and in writing. Establish, maintain and foster positive and harmonious working relationships with those contacted in the course of work. Three years of increasingly responsible administrarive secretarial, administrative assistant, office management, or related experience. Equivalent to the completion of the twelfth grade supplemented by specialized training and course work in management, business administration, office practices, or a related field. Cneciel Rennirements; Essential duties require the following physical skills and work environment: Ability to work in a standard office environment. Effective Date: February 2007 CTfY O~ ARCADIA CHIEF DEPUTY CITY CLERK/RECORDS MANAGER Under administrative direction of the City Manager, to perForm, support, coordinate, and oversee the activities and operations of the City Clerk's and City Attorney's Office, including division administration, public information, elecrion management, Ciry records management, and complex paralegal and legal secretarial duries; to coordinate assigned activities with other City departments and outside agencies; and to provide administrative support to the City Manager and City Council as assigned. Exercises direct supervision over technical and administrative support staff in the City Clerk's Office and the City Attorney's Office. Assume management responsibility for Ciry Clerk's and City Attomey's Office services and activities; recommend and administer policies and procedures. Manage the development and implementarion of City Clerk's Office goals, objectives, policies, and priorities for each assigned service area; establish, within City policy, appropriate service and staffing levels; allocate resources accordingly. Continuously monitor and evaluate the e~ciency and effectiveness of service delivery methods and procedures; assess and monitor workload, administrative and support systems, and internal reporting relationships; identify opportunities for improvement; direct the implementation of changes. Manage and participate in the development and administration of the City Clerk's Office budget; direct the forecast of additional funds needed for staffing, equipment, materials, and supplies; direct the monitoring of and approve expenditures; direct the preparation of and implement budgetary adjustments as necessary. Coordinate City Clerk's O~ce acrivities with those of other departments and outside agencies and organizations; as assigned, provide staff assistance to the City Manager and City Council; prepaze and present staff reports and other necessary correspondence. Oversee coordination of the City Attorney's Office ac6vities with those of other departments and outside agencies and provide staff assistance to the City Attorney. Assume responsibility for the preparation, organization, printing and distribufion of the agenda and agenda packet materials for City Council and other meetings. City ofArcadia Chief Deputy City Clerk/Records Manager (Continued) Page 2 of S Manage the central phone call in system for public information. Attend City Council meerings and record all official proceedings; prepare minutes and other documents; direct the publication, filing, indexing and safekeeping of all proceedings of the Ciry Council. Plan and conduct municipal elections; ensure confornuwce to election and govemment code; advise candidates, City of3icials, and designated employees of Political Reform Act filing requirements; serve as filing officer for the Fair Poli6cal Practices Commission; administer the City's Conflict of Interest Code; maintain documents for public inspection; order and maintain election supplies and equipment. Receive and process formal petitions relating to initiatives, referendums, or recalls; examine and certify results; receive and process petitions relating to matters pertaining to the City. Maintain the City's Municipal Code; determine piacement and assign new article/section numbers to new revisions/additions to the Municipal Code; assist departments in format of resolutions and ordinances; attest, publish, index and file ordinances and resolutions. Maintain custody of official records and archives of the City, including ordinances, resolu6ons, contracts, agreements, deeds, insurance, and minutes; certify copies as required; oversee the indexing, filing, and scheduling of documents for microfilrrung or other technological record keeping systems. Provide official notification to the public regarding public hearings, including legal advertising of notices. Execute official City documents; maintain custody of City Seal; administer and file oaths of office and oaths of allegiance. Officiate at bid openings; direct the preparation of contracts and agreements between the City and bidders. Respond to cirizen inquiries. Research and prepaze data for City Council, staff inembers, other governmental agencies, citizens, and news media; answer questions and give out information on the telephone, by correspondence, and in person. Attend and participate in professional group meetings; stay abreast of new trends and innovations in the field of municipal government. City of Arcadia ~ Chief Deputy City Clerk/Records Manager (Continued) Page 3 of S Perform related duties and responsibilities as assigned. Legal terminology and the forms and documents used in legal secretarial work. Legal procedures and practices involved in composing, processing and filing a variety of legal documents. Standard legal references and their contents. Pertinent Federal, State, and local laws, codes and regulations. Organization and function of municipal government. Election laws, poli6cal reform requirements, and procedures for administering municipal elections. Records management funcrions and the City's official record keeping system. Modem principles and prac6ces of program development and administration. Principles and practices of municipal budget preparation and administration. Principles and practices of records management, including records retention laws. Principles and methods of record keeping and report wriring. English usage, spelling, vocabulary, grammaz, and punctuation. Practices used in minute taking and prepazation. Modern office procedures, methods and computer equipment. Principles of supervision, haining, and performance evaluation. City ofArcadia , Chief Deputy City Clerk/Records Manager (Continued) Page 4 of 5 Principles and practices used in dealing with the public. Safe driving principles and practices. Take and transcribe shorthand or speed writing notes at a speed necessary for successful job performance. Operate modem office equipment ,including computer equipment. Operate a motor vehicle safely. Select, supervise, train, and evaluate assigned staff. Learn, interpret, and apply pertinent Federal, State, and local laws, codes, and regulations including adminishative and departmental policies and procedures. Direct the reten6on/destruction of official records in accordance with applicable laws and regulations. Gain cooperation through discussion and persuasion. Prepaze and administer a budget. Plan and organize work to meet schedules and deadlines. Identify and respond to community and City Council issues, concems and needs. Develop, implement and administer goals, objectives, and procedures for providing effective and efficient City Clerk's and City Attorney's Office services. Analyze problems, identify alternative solutions, project consequences of proposed actions and implement recommendations in support of goals. Research, analyze, and evaluate new service delivery methods, procedures and tecluriques. Prepaze and maintain accurate and complete records. Plan, coordinate, and conduct municipal elections. Ciry ojArcadia ~ ChiefDeputy Ciry ClerklRecords Manager (Continued) Page 5 of S Prepare official minutes, resolutions, and ordinances. Meet and deal tactfully and effectively with the public. Communicate clearly and concisely, both orally and in writing. Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work. Type at a speed of 60 words per minute is desirable. Five yeazs of increasingly responsible complex administrative support experience in a City Clerk's or City Attomey's Office. Equivalent to the completion of the twelfth grade. An Associate's degree with major course work in public administration, business adminisirarion, or a related field is desirable. A Bachelor's degree from an accredited college or university in public administration, business administration, or a related field is highly desirable. Ability to obtain certification by the International Institute of Municipal Clerks as a Certified Municipal Clerk. Certification or ability to be a Notary Public is required. Possession of, or ability to obtain; an appropriate, valid drive~'s license. Snecial Re ~ni~ementc; Essential duties require the following physical skills and work environment.• Ability to work in a standard office environment; ability to travel to different sites and locations; availability to attend evening meerings. Effective Date: February 2007 1, ~ U y ....... :~ ~. ~a, Co~~4n~tyo[~~m`e STAFF REPORT Development Services Department DATE: February 20, 2007 TO: Mayor and City Council FROM: Don Penman, Assistant City ManagedDevelopment Services Director`~ SUBJECT: Chanqes to the full time staffinq distribution in the Buildinq Section of the Deyelopment Services Department Recommendation: Approve SUMMARY Staff is recommending the City Council approve staffing changes in the Building Section of the Development Services Department. The current distribution of inspection staff includes two (2) full time Combination Building Inspectors and one (1) Senior Combination Building Inspector supervised by the Building Official. Staff is seeking authorization for one (1) Combination Building Inspector and two (2) Senior Combination Building Inspectors. DISCUSSION Several months ago, the incumbent Senior Combination Building Inspector was promoted to Buiiding O~cial. An operational study was conducted that included a classification audit of both current Combination Building Inspectors. As a result, staff has determined that a redistribution of personnel would best fit this situation to implement the results of the audit and meet the needs of the Section. The current inspection staffing level in the Building Section includes two (2) Combination Building Inspectors, one (1) Senior Combination Building Inspector (currently vacant) and the Building Official. A recent classification audit was conducted to determine if the current Combination Building Inspectors were working within their classification specifications. The results demonstrated that both Combination Building Inspectors are performing duties that would typically be performed by a Senior Combination Building Inspector. Currently there is only one Senior Combination Inspector position authorized in the budget. Therefore, staff is recommending that the second Senior Combination Inspector position be authorized which would allow for implementation of the class audit. In addition, staff anticipates more complex Mayor and City Council February 20, 2007 Page 2 development projects in the near future and believes approval of the second Senior Combination Inspector position is further warranted. A recruitment for a Combination Building Inspector will be conducted to compiete the desired staff level of this Section. The changes recommended will not result in any new staffing for the department. FISCAL IMPACT In future years this reorganization may result in a slight cost increase. The potential cost increase will be addressed in the 2007-08 FY Budget process. There will not be an increase this fiscal year due to salary savings from vacant positions. RECOMMENDATION Approve changes to full time staffing distribution in the Building Section of the Development Services Department Approved: ~~ William R. Kelly, City Manager 1 ~ ~c~ , ~ ~~ " \ ~ '4~Oj~n;~yoLN°cL` STAFF REPORT Office of the Cit~~ Attomey DATE: February 20, 2007 TO: Mayor and City Council . FROM: Stephen P. Deitsch, CityAttorney ~fE~~ P 1~~ e''" `~ SUBJECT: EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ARCADIA AND WILLIAM R. KELLY Recommendation: Approve SUMMARY The City Council performs an annual evaluation of the City Manager as provided in his Employment Agreement. This yeaz's evaluation was performed in closed sessions at recent City Council meetines in accordance «~ith the Ralph M. Brown Act. Following this evaluation, certain modifications aze proposed for the City Manager's Employment Agreement. These changes are outlined belo~+~ and in the attached proposed Employment Agreement that is now presented for appro~~al. DISCUSSION On August 3, 1994 the Cin~ Council entered into an Employment Agreement with Wil(iam R. Kelly, City Manaaer. In January of this yeaz, the City Council conducted the annual evaluation of the City Manager. Based upon this evaluation, as well as related ne2otiations with the Cit~~ Manaeer, new term~ an3 conditions of employment are proposed. The specific issues being modified are: l. Salary-The sal;-~ shall bz based upon the 60~' percentile for City A4anaoers consistent ~~~th the citi;: u~tiz:d for all executives and mac~a~ers in the Cit}~ of Arcadia. The ne~+• annual sala.-~ ~hs]! tK 519~.5~~.00, effective Januar~~ I, 2007. Effecti~~e Januarv 1, 2008 there shall t~~ a;:'.s-~ incre~~ equal to the actual percent increase in the Consumer Price Index, as pro~;~e~ in thz atta;hed Emplo}•ment ~Rreement. 2. Defined Cen:r;~~:ion Plan-As pro~•ided in the anached document, effective January 1, 2007 the Cit~ .+i!! :onu-ibute SS,2~0.00 per }•ear to the 401(a) Plan. Page 1 of 2 Ma}~or and City Council February 20, 2007 Page 2 The effective date of the Emplo}ment A~eement is January 1, 2007 and the term of the A~reement is "e~~er~~n° for ei~t~n consecuti~~e months. RECOMMEn'DATIO\ It is recommended that the Cih' Council appro~•e the attac6ed Emplo}went Agreemeot behr~een the City of Arcadia and ~~'illiam R Kelh•, and autharize and direct t6e Mayor to execute the Agreemeat on behalf of the City. Attachment Page 2 0` 2 EMPLOYMENT AGREEMENT T1us Agreement between the City of Arcadia (°City") and William R. Kelly ("Manager") is made this 1~` day of January, 2007. RECITALS A. City desues to continue to employ William R. Kelly as the City Manager of the City of Arcadia as provided by the Arcadia City Charter Section 600 et seq. and the terms and conditions set out herein. B. Manager desires to continue to serve as City Manager of the City of Arcadia on the terms and conditions set out herein. AGREEMENT - - - - - - - - - - NOW, T'HEREFORE, the parties agree as follows on the terms and conditions of Manager's employment. 1 _ DiJTIES City hereby employs Manager, and Manager hereby accepts employment, as City Manager of the City. Manager sha11 perform the functions and duties specified for the City Manager of the City in the Arcadia City Charter Section 601 and other ordinances, resolutions and policies of the City and to perform such other legally permissible and proper duties arid functions as the City Council of the City (the "Council") may from time to time assign, consistent with the Arcadia City Charter and other applicable law. Pursuant to Arcadia City Charter Section 600, Manager shall at all times serve at the will and pleasure of the Council (" 'at will' employment status"). RVPUB\WFLOYD1727026.1 1 2. SEVERANCE AND SEVERANCE PAY AND BENEFTTS (a) In the event that Manager is involuntarily terminated by the Council or a"negotiated settlement" for voluntary termination is approved by the Council, City agrees to pay Manager within fifteen (15) days of the later to occur of (i) the date of termination of employment or (u) the date of final determination by the Council of the matters subject to a hearing as set forth in this paragraph, a lump sum cash payment ("Severance Pay") equal to eighteen (18) months of the base salary Manager is receiving on the date of the Council's action to ternunate Manager, less legally required or authorized deductions. City shall also continue the health benefits being provided to Manager at the time of termination for the period of Severance Pay or until Manager finds other employment, whichever occurs first ("Severance Benefits"). However, in the event Manager is terminated due to the reasonable determination of the Council, based upon the weight of the evidence produced at a hearing conducted by the Council, that Manager has committed either (i) any illegal act involving personal gain to Manager, (ii) gross negligence or (iu) malfeasance, then, and in that event, City shall have no obligation to pay the Severance Pay and Severance Benefits. Any hearing conducted by the Council for the purposes set forth in this paragraph shall be commenced within thirty days following the date of termination of Manager's employment with the City, and shall be concluded as soon thereafter as reasonably possible. Manager agrees that any determination by the Council or City not to pay to Manager Severance Pay and Severance Benefits, or concerning the amount of Severance Pay and Severance Benefits, shall be final and shall not be subject to judicial review. Nothing set forth herein shall be deemed to confer upon Manager the right to have a hearing by Council concerning ariy proposed tennination of Manager; provided, however, that Manager shall be entitled to a hearing solely concerning any proposal by the Council not to pay Manager the Severance Pay and R V PUBS W FL 0 YD4727026.1 2 Severance Benefits. (b) In the event Manager termi.nates his employment as Manager, then Manager shall give City at least six (6) weeks notice of termination in writing in advance of the date of termination, unless mutually agreed upon otherwise. If Manager resigns or retires voluntarily, then City shall have no obligation to pay Severance Pay and Severance Benefits to Manager. (c) Manager agrees that in the event Manager's employment is terminated, with or without cause, under no circumstances will Manager be entitled to contest the existence or nature of Manager's "at will" employment status, nor will Manager be entitled to seek or receive the remedy of reinstatement to employment with the City in any administrative or legal forum. Manager agrees that the sole issue for resolution upon termination of Manager's employment will be whether or not City is obligated to pay to Manager Severance Pay and Severance Benefits and/or the amount of Severance Pay and Severance Benefits due Manager. 3. SALARY Effective January 1, 2007, City agrees to pay Manager an annual base salary, exclusive of benefits, in the sum of $193,854.00 per year, or $16,154.50 per month, gross, payable in installments at the same time and by the same methods as other City employees are regularly paid. Effective January 1, 2008, Manager shall receive an increase in base salary equal to the actual percent increase in the Consumer Price Index - All Urban Consumers, far Los Angeles- Riverside- Orange County, California, as determined by the United States Department of Labor, Bureau of Labor Statistics for the 12-month period ending December 31, 2007. Said salary increase shall be apart from any salary increases provided on the basis of inerit as approved by the Council in its sole discretion, during the term of this Agreement. Nothing set forth herein shall prohibit the Council from reducing R VPUB\NFLOYD\727026.1 3 the salary of Manager due to budgetary or similar constraints, on condition that any such reduction shall not exceed the average reduction applicable to all management employees of the City at the time of reduction in Manager's salary. Furthermore, Manager, in his sole discretion, may elect not to receive any salary increase provided hereunder; provided, however, if Manager elects not to receive a salary increase provided hereunder, said salary increase shall be subsequently implemented, on a prospective basis only, upon written request of Manager. 4. BENEFITS (a) Vacation Leave. Manager. shall accrue vacation at the rate of 6.154 hours per two week period (or as otherwise adjusted generally for other management employees). (b} Sick Leave. Manager shall accnze sick leave at the rate for management employees as that may be adjusted from time to time. Accrued and unused sick leave shall not be subject to buy-back annually ar upon termination. (c) Vehicle Allowance. Managei shall be provided an automobile by City for Manager's exclusive and unrestricted use. City shaIl be responsible for paying for liability, property damage and comprehensive liability insurance (subject to the condition, however, that the City Attorney fu~st and continuously thereafter determines that is both lawful and feasible for the City to do so) and for the purchase, operation, maintenance, repair and regular replacement of said automobIle. Manager shall be named as an "additional-insured" on any such comprehensive liability insurauce policy, and such policy shall cover both professional and personal use of the automobile. (d) I12C &401(a) Defined Contribution Plan. City shall contribute Eight T'housand Two Hundred Fifty Dollars ($8,250.00) per year, in equal monthly installments, to the IRC §401(a) defined contribution plan on R V PUBIWFLOYD\727026.1 4 Manager's behalf. Manager shall be responsible for all expenses associated with the lRC § 401(a) defined contribution plan including, but not limited to, administrative services fees, and commissions. (e) Supplemental Benefits. Except as provided otherwise herein, Manager shall receive any and ali other supplemental benefits including, but not lirnited to, health, dental, life insurance, disability insurance, holidays, retirement benefits (PERS), physical examinafion, tuition reimbursement and long term disability, as are generally available to management employees of the City as provided by applicable City Resolutions and Personnel Rules. Except as otherwise provided herein, all actions undertaken by City relating to fringe benefits for management employees shall be considered actions affecting the same benefits applicable to Manager. As used herein, fringe benefits include, but are not limited to, vacation, sick leave, administrative leave, holiday pay, retirement (PERS) benefits and payments, health insurance, dental insurance, life insurance and long term disability insurance. City shall not at any time during the term of this Agreement reduce the base salary, compensation or other employment benefits of Manager, except as permitted by this Agreement. R VPUB\WFLOYD1727026.1 5 5. PROFESSIONAL DEVELOPMENT, OUTSIDE PROFESSIONAL ACTIVTI'IES AND GENERAL EXPENSES (a) Professional Develoament. (i) Subject to the Council's discretion to adopt and amend the budget, City agrees to pay for professional dues and subscriptions on behalf of Manager which are reasonably necessary, as determined by the Council, for the Manager's continuation and full participation in national, regional, state or local associations and organizations necessary and desirable for Manager's continued professional participation, growth and advancement, or for the good of the City. Furthermore, City shall pay for any additional professional dues and subscriptions as may be approved by the Council from time to time. (ii) Subject to the Council's discretion to adopt and amend the budget, City agrees to pay the travel and subsistence e~cpenses of Manager for official iravel, meetings and events reasonably necessary to continue the professional development of Manager and reasonably necessary to fulfill official and other functions for the City, a11 as deternuned to be reasonable and necessary by the Council. Such meetings and events shall include, but not be limited to, the annual Intemational City Management Association meeting, meetings of the League of California Cities and other national, regional, state and local conferences of governxuental groups and cominittees in which Manager serves as a member. (b) Outside Professional Activities. Manager agrees to remain in the exclusive employ of the City of Arcadia while employed by the City of Arcadia. The term "employed" however, shall not be construed to include occasional teaching, writing, speaking or consulting performed on his time off, even if outside compensation is provided for such services. Said activities are expressly allowed, provided that in no case is any activity allowed which would RVPUH\WFLOYDV27026.1 6 present a conflict of interest with, or detriment to, the City of Arcadia. In the event overnight travel is required for such non-employer-related business, the City Council sha11 be notified in advance. De minimis use of City equipment for such purposes is hereby authorized. (c) General Egpeoses. City recognizes that certaiu expenses of a non-personal and generally job-affiliated nature are incurred by the Manager, including participation in civic and other local organizations, and hereby agrees to reimburse or pay said general expenses. Subject to the Council's discretion to adopt and amend the budget, the City Treasurer (or other designated employee} is hereby authorized to disburse funds as needed to fulfill a11 provisions of this Agreement upon receipt of duly executed expense or periy cash vouchers, receipts, statements or personal affidavits. Subject to the Council's discretion to adopt and amend the budget, City.will provide all equipment necessary for the completion of Manager's duties. This equipment shall include, but not be limited to, cellular telephone, pager, computers and other electronic devices deemed appropriate by Manager. City acknowledges and approves that certain personal use of this equipment may take place. Said equipment provided hereunder shall remain the property of the City and shall be returned to the City, along with all other City property in the possession of Manager, upon termination of employment. City shall bear full cost of any fidelity or other bonds required of Manager under any law or ordinance. 6. PERFORMANCE EVALUATION (a) The Councii and Manager may annually define such goals and objectives for the City which they determine necessary for the proper operation of the City in the aitainment of the Council's policy objectives, and the Council and R VPLIBIW FLOYD\727026.1 7 Manager may further establish a priority among those various goals and objectives to be reduced to writing. The process of considering the establishment and priority of goals and objectives of the City shall be conducted and completed generally about January of each year. (b) The Council, following informal and nonbinding consultation with Manager, shall periodically establish goals and objectives regarding the performance of Manager. The Council shall review and evaluate the performance ofManager at least once annually. Notwithstanding any term or provision of tlus Agreement to the contrary, Manager shall serve at the will and pleasure of the Council, and the Council shall be entitled to terminate the employment of Manager without cause. (c) In recognition of the accomplishment of goals and obj ectives and excellent performance, a merit increase in salary and/ar benefits of Manager may be granted to Manager by the Council. Nothing herein shall be deemed fo • change the "at will" employment status of Manager. 7. TERMS OF EMPLOYMENT The Council, following informal and nonbinding consultation with Manager, may by motion, resolution or written amendment to this Agreement approved as an official Council meeting agenda item, fix any other terms and conditions of employment as it may determine, from time to time, relating to the performance ofManager, provided such terms and conditions are not prohibited by the provisions of this Agreement, the Arcadia City Charter or any other rules or regulations of the City. R V PUH\W FLOYD\727026. I S 8. CONFLICT OF INTEREST PROHIBITION It is understood and agreed that because of the duties of Manager within and on behalf of the City of Arcadia and its citizenry, Manager shall not, during the term of this Agreement, individually, as a partner, joint venturer, officer or shareholder, invest or participate in any business venture conducting business in the corporate limits of the City of Arcadia, except for stock ownership in any company whose capital stock is publicly held and regularly traded, without prior approval of the CiTy Council. For and during the term of this Agreement, Manager. fiuther agrees, except for a personal residence or residential property acquired or held for future use as his personal residence, not to invest in any other real estate or property improvements within the corporaxe limits of the City of Arcadia without - --- -- - - -- the prior consent of the City Council. 9. ENTIltE AGREEMENT This Agreement contains the entire agreement between the parties concerning the subject matter set forth herein and no promise, representation, warranty or covenant not included in this Agreement has been or is relied upon by any pariy hereto concerning the offer and acceptance of employment described herein. 10. NO CONTINiTING WAIVER No waiver of any term or condition of this Agreement by either party shall be deemed a continuing waiver of such term or condition. 11. EFFECTIVE DATE AND T`ERM The effective date of this Agreement shall be January 1, 2007. Subject to City's right to tenninate Manager's employment at any time, the term of this Agreement is two (2) years from the effective date, and shall automatically renew itself for successive eighteen (18) month periods unless City notifies Manager of its intent to terminate this Agreement at least eighteen (18) months R VPUBIWFLOYD1727026.1 9 prior to fhe end of its two (2) year term or any successive eighteen (18) month term. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth hereinabove. CITY: Mayor of the City of Arcadia ATTEST: City Clerk City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch City Attomey MANAGER: William R. Kelly RVPCB5Wf7.0YD172702b.1 ~ 10 ~~~ ~~ ~, 7 ~......~~.~ Ay~~t)~Iql °°'°m°a~~, ~~~°P`` S TAFF REPORT Development Services Department February 20, 2007 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Director~ SUBJECT: Interior desi4n services for Fire Station 105 Recommendation: Authorize the City Manager to enter into a Professional Services Agreement with City Spaces at a cost not-to-exceed $20,000 SUMMARY Construction on Fire Station 105 (headquarters Fire Station) commenced in July 2006 and should be completed in the fall of 2007. The City previously retained the services of Gonzalez Goodale Architects to design the building and prepare plans and specifications for the construction. The services of an interior design firm are now needed to assist the City in selecting furniture, workstations, dormitory furnishings, signage and other related items for the building. The City has used City Spaces, an interior design firm in Pasadena, on previous projects including the new Police facility and the remodel of the Council Chambers and Council Chambers Conference Room. Staff was very pleased with the services they provided and they are familiar with the types of fu~niture systems and quality the City specifies. Staff is recommending that the City Council authorize the City Manager to enter into a Professional Services Agreement with Ci4y Spaces for interior design services for the new Fire station at a cost not-to-exceed $20,000. BACKGROUND With the construction of Fire Station 105 well underway and a completion date in the fall of 2007, the City must now develop plans for furnishing the building. Because the City had been planning on replacing the station on Santa Anita for several years, the purchase of new furniture was deferred unless it was absolutely necessary. Therefore, staff is recommending that the City furnish this new building with new furnishings including workstations, dorm room furnishings, conference and office furniture, chairs Mayor and City Council February 20, 2007 Page 2 and other similar items. This is the same approach the City followed with the development of the Police facility. Over the past several years the City has attempted to standardize the types of furniture purchased; this creates uniformity in office fumishings; makes it easier to replace pieces as needed; and provides for intemal consistency within departments as to what is provided in the way of furnishings. Of course with each department there are unique uses and users that call for an individualized approach to selection of items and the Fire station project is no different with areas such as the dorm rooms, kitchen and day room. With two of our most recent large construction and remodel projects that involved a large amount of furniture, the City retained the services of City Spaces to develop a furniture program and coordinate the selection and instailation of furniture and related items. These projects were the new Police facility and the renovation of the City Council Chambers and Conference Room. The City was very pleased with the services City Spaces provided on these two projects. DISCUSSION The interior design firm will work with the Fire Department staff and project management team to identify the furniture needs for the new building and prepare specifications. Over the years the City has developed standards for the types of furniture that is utilized in various offices and work areas that addresses the function and use of that particular work area. The interior design team will work with these standards utilizing to the extent possible the furniture systems purchased in the past. For example, the City has~utilized Knoll Furniture for most of its workstations and many of the individual offices. City Spaces is familiar with many of these standards. Once the furniture and other items are identified prices will be secured. As a public agency the City will benefit from government pricing on most of its furniture purchases, which can result in significant savings. Once the fumiture is purchased City Spaces will coordinate its installation and will act as the liaison with the furniture vendors. • BUDGET Costs for these interior design services will be on an hourly basis, ranging from $55 per hour to $150 per hour for principal, plus the City will be responsible for reimbursable expenses such as blueprints, renderings, drawings, messenger services (if needed), etc. Staff estimates that the total costs for the interior design services shall not exceed $20,000 so it is recommended that an appropriation in that amount be approved by the City Councii from the Capital Outlay Fund. Staff does not have an estimate of the cost for the actual furniture; the Scope of Services for City Spaces will include preparation of Mayor and City Council February 20, 2007 Page 3 a preliminary budget which will require City Council approval prior to purchase of any furniture or related items. RECOMMENDATION It is recommended that the City Council authorize the'City Manager to enter into a Professional Services Agreement with City Spaces for interior design services for Fire Station 105 and to appropriate $20,000 from the Capital Outlay Fund for these services. Approved: _ ~~ William R. Kelly, City Manager