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Home My WebLink AboutMarch 6, 2007-`PbffOq,yly . °F"R CITY OF ARCADIA ~~ CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING ''°"°,~r°t'~°~' TUESDAY, MARCH 6, 2007. AGENDA 6:OD p.m. „ Location: City Council Chamber Conference Room, 240 W. Huntington Drive CALL TO ORDER ROLL CALL OF CITY COUNCILIREDEVELOPMENT AGENCY MEMBERS: Roger Chandler, Mayor/Agency Chair Mickey Segal, Mayor Pro Tem/Agency Vice Chair PeterAmundson, Council/Agency Member Robert Harbicht, Council/Agency Member John Wuo, Council/Agency Member CLOSED SESSION/STUDY SESSION PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council/Redevelopment Agency during the Public Comments period is asked to complete a"Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the Closed Session/Study Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council/Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council/Redevelopment Agency from discussing topics or issues unless they appear on tF~e posted Agenda. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the workers' compensation case of Paul van der Hoorn. STUDY SESSION a. Report, discussion and direction regarding the proposed Regional Housing Needs Assessment (RHNA) Allocations. 7:00 p.m., City Council Chamber RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING TO OPEN SESSION INVOCATION Reverend Charlie Wang, Lutheran Church of the Cross PLEDGE OF ALLEGIANGE 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 MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PRESENTATIONS AND PROCLAMATIONS a. Presentation of a Proclamation declaring Arbor Day. b. Presentation of a Proclamation declaring White Cane Day. c. Presentation of Certificates to David Lee, Jillian Yen and Erin Li for performing at City Employee and Senior Citizens Luncheon. 1. PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. CITY COUNCIL ITEMS: 2006-2007 ANNUAL WEED ABATEMENT PROGRAM AND PROTEST PUBLIC HEARING. Recommended Action: Approve the 2006-2007 Weed Abatement Property List and direct the Los Angeles County Agricultural Commissioner to abate nuisances upan those properties. PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City CouncillRedevelopment 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 2. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and ail 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 AGENCYITEMS: a. REGULAR MEETING MINUTES. FEBRUARY 20. 2007. Recommended Action: Approve CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES. FEBRUARY 20. 2007. Recommended Action: Approve c. REGARDING SOLID WASTE SERVICE. Recommended Action: Adopt RESOLUTION NO. 6558 REQUESTING THE BOARD OF SUPERVISORS OF e. RESOLUTION 6559 CONSENTING TO ESTABLISHING UNDER THE AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BANK OF THE WEST FOR BANKING SERVICES. Recommended Action: Approve g. AUTHORIZE THE CITY MANAGER TO ENTER INTO A PROFESSIONAL 2010. Recommended Action: Approve h. Approve Recommended Action: Adopt Recommended Action: Adopt EL MONTE AVENUE. Recommended Action: Approve 3. CITY MANAGER a. Recommended Action: Approve ADJOURNMENT The City Council/Redevelopment Agency will adjourn this to March 20, 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. _,_, . /r' CITY COUNCIUREDEVELOPMENT AGENCY MEETING ANNOTATED AGENDA MARCH 6, 2007 CLOSED SESSION a. Pursuant to Government Code Section 54956.9(a) to confer with legal NO REPORTABLE counsel regarding the workers' compensation case of Paul van der ACTION WAS Hoorn. TAKEN STUDY SESSION a. , Report, discussion and direction. regarding the proposed Regional Housing Needs Assessment (RHNA) Allocations. 1. PUBLIC HEARING a: 2006-2007 ANNUAL WEED ABATEMENT. PROGRAM AND PROTEST PUBCIC HEARING. 2.. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. REGULAR MEETING MINUTES, FEBRUARY 20, 2007. CITY COUNCIL ITEMS: b. . REGULAR MEETING MINUTES, FEBRUARY 20, 2007. c. ORDINANCE NO. 2225 AMENDtNG ARTICLE V CHAPTER 1 OF THE ARCADIA MUNICIPAL CODE TO CLARIFY CERTAIN PROVISIONS REGARDING SOLID WASTE SERVICE. d. RESOLUTION NO. 6558 REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE ' OF STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 1640 W THE CITY OF ARCADIA FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. e. RESOLUTION 6559 CONSENTING TO ESTABLISHING UNDER THE JURISDICTION OF THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY CERTAIN PORTIONS OF COLORADO BOULEVARD, AND HUNTINGTON DRIVE AND SECOND AVENUE, AS PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES. CITY COUNCIL. DIRECTED STAFF TO FILE AN APPEAL APPROVED 5-0 APPROVED 5-0 APPROVED 5-0 ADOPTED 5 -0 ADOPTED 5-0 ADOPTED 5-0 , AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT APPROVED WITH BANK OF THE WEST FOR BANKING SERVICES. 5- 0 AUTHORIZE THE CITY MANAGER TO ENTER INTO A APPROVED PROFESSIONAL SERVICES AGREEMENT WITH JAN'S TOWING, 5-0 INC. FOR OFFICIAL POLICE GARAGE STORAGE AND TOW SERVICE FROM APRIL 8, 2007 TO APRIL 7, 2010. AUTHORIZE THE CITY MANAGER TO ENTER INTO A APPROVED COOPERATIVE AGREEMENT W ITH LOS ANGELES COUNTY FOR 5- 0 THE MODIFICATIONS OF THE TRAFFIC SIGNAL AT MICHILLINDA BOULEVARD AND SUNSET BOULEVARD/CALIFORNIA BOULEVARD INTERSECTION. ACCEPT TWO (2) COMMUNICATIONS SITE LEASE AGREEMENTS APPROVED BETWEEN THE CITY AND OMNIPOINT COMMUNICATIONS, INC. 5-0 FOR SITE LOCATIONS BEHIND THE ARCADIA COMMUNITY CENTER BUILDING AT 375 CAMPUS DRIVE AND THE LONGLEY WATER WELL FACILITY AT 2401 EL MONTE AVENUE. CITY MANAGER a. AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT APPROVED WITH MBIA FOR INVESTMENT MANAGEMENT SERVICES. 5- 0 ~_ _. 1 a ~ .+~- 49:0029 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, MARCH 6, 2007 CALL TO ORDER The Mayor Chandler called the meeting in order at 6:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Amundson, Harbicht, Segal, Wuo and Chandler ABSENT: None CLOSED SESSION/STUDY SESSION PUBLIC COMMENTS (5 minutes per person) None CLOSED SESSION Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the workers' compensation case of Paul van der Hoorn. STUDY SESSION a. Report, discussion and direction regarding the proposed Regional. Housing Needs Assessment (RHNA) Allocations. Assistant City ManagedDevelopment Services Director pon Penman presented a report regarding the number of housing units allocated to the City of Arcadia by the Southern California Association of Governments (SCAG) for the time period of 2006-2014. Mr. Penman noted that Arcadia was allocated for the 8-year period 2,130 units (544 very low income, 337 low income, 365 moderate income and 884 above moderate). Mr. Penman also noted that these numbers are based on forecasts of households projected within the time horizon, as well as associated job and employment growth and changes in population. Mr. Penman advised that once the numbers were established, local input from cities were provided into the process. Mr. Penman also noted that a number of cities are interested in appealing the numbers in the Regional Housing Needs Assessment (RHNA) and that the appeal process deadline is March 16, 2007. Jason Kruckeberg, Community Development Administrator discussed the process and criteria on how the number of housing units are allocated and the appeal process. Mr. Kruckeberg noted that staff met with SCAG representatives to discuss why Arcadia's numbers were so.high relative to other cities of the same size. The City Council directed staff to file an appeal with the Southern California Council of Governments concerning its proposed allocation for the City of Arcadia. 03-06-2007 49:0030 RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION The Mayor convened the Open Session meeting at 7:00 p.m. INVOCATION Pastor Larry Eckholm, Lutheran Church of the Cross PLEDGE OF ALLEGIANCE Margaret Easley, Girl Scout Troop 907 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 Steve Deitsch, City Attorney, announced that the City Council met in Closed Session to consider the one (1) item listed on the posted agenda under closed session; no reportable action was taken. City Attorney Deitsch also announced that the City Council conducted a Study Session to discuss the Regional Housing Needs Assessment (RHNA) allocations study concerning the numbers of housing units allocated to various cities in the San Gabriel Valley region by the Southern California Council of Governments (SCAG) to produce a certain number of different types of housing units for the time period covering 2006- 2014. The City Council unanimously authorized and directed staff to file an appeal with the Southern California Council of Governments concerning its proposed allocation for the City of Arcadia.; Additionally, the City Attorney read a prepared statement in response to an article printed in the Pasadena Star News last week concerning allegations made by the group known as "Arcadia First!" regarding the City Council meeting in closed session in violation of the Ralph M. Brown Act regarding property negotiations. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS None MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council/Agency Member Amundson, seconded by Council/Agency Member Segal and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. 03-06-2007 49:0031 PRESENTATIONS AND PROCLAMATIONS a. Presentation of a Proclamation to Arcadia Girl 5cout Troop 907 declaring Girl Scout Week. b. Presentation of a Proclamation declaring Arbor Day. c. Presentation of a Proclamation declaring White Cane Day. d. Presentation of Mayor's Certificate of Appreciation to David Lee, Jillian Yen and Erin Li for performing at City Employee and Senior Citizens Luncheon which was sponsored by the Arcadia Chinese Association. PUBLIC HEARING a. 2006-2007 ANNUAL WEED ABATEMENT PROGRAM AND PROTEST PUBLIC HEARING. Recommended Action: Approve the 2006-2007 Weed Abatement Property List and direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties. A motion was made by Council/Agency Member Segal, seconded by Council/Agency Member Harbicht to close the public hearing. A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Member Segal, to approve the 2006-2007 Weed Abatement Property List and direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties. AYES: Council/Agency Members Harbicht, Segal, Amundson, Wuo and Chandler NOES: None PUBLIC COMMENTS (5 minutes per person) Dennis Cosso, Esq. spoke on behalf of his clients from G& S Towing regarding the proposed contract with Jan'sTowing. (Item 2g on the consent calendar) REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK Council Member Harbicht announced that Bruce Matthews, a professional football player, who played football at Arcadia High School was recently elected to the National Football League Hall of Fame. Mr. Harbicht announced that there will be a community dinner in honor of Bruce Matthews on July 21, 2007 at the Community Center; he also commented that Arcadia AYSO soccer team "Cosmos" went to the Section Finals and finished in 4`h place; he also noted that he would like to see considered as part of the budget next year additional lighting at the soccer fields; he also commented on the statement read by the City Attorney regarding the closed session allegations and assured the public that during the closed sessions only the City Attorney, City Council and City staff were present and that the City has not violated the Brown Act. Mr. Harbicht noted on the fire department recently rescuing a cat from a tree. Council Member Wuo urged residents to secure their homes during the warm days due to the increase in burglaries. 03-06-2007 49:0032 Council Member Amundson announced that he was at the opening day at Longden Park and also noted that he would also like to see additional lighting considered; he also encouraged everyone to take an interest in the community and contact code services if you see code violations around town; he also noted that the City has homeowners grant programs available; and also commented about the rise in graffiti and encouraged citizens to call the graffiti hot line. Council Member Segal encouraged citizens to keep informed regarding public hearings relating to the Westfield expansion and Caruso project. He also commented on the statement read by the City Attorney and assured the public that the City has never violated the Brown Act. Mr. Segal also commented on the misleading information Westfield is putting in the newspaper. City Clerk Jim Barrows thanked Arcadia Girl Scout Troop 907 from Baldwin Stocker and also noted that First Avenue Junior Middle School is forming a committee to celebrate their 100 year anniversary which will be held on Saturday, October 27, 2007 at the school. Mayor Chandler announced the little league baseball opening day ceremonies around town that he attended and also noted that the Arcadia Pony League at Bonita Park has been joined by teams from Tem~ile City and San Gabriel; he also noted that he attended the Arcadia Elk's Lodge #2025 50` anniversary party. Mayor Chandler also reminded everyone of the Friday, April 13, 2007 community event featuring Lance Corporal Stephen Sanderson of the US Marine Corps which will start at 8:00 a.m. at the Community Center. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. REGULAR MEETING MINUTES. FEBRUARY 20. 2007. Recommended Action: Approve CITY COUNCIL ITEMS: REGULAR MEETING MINUTES. FEBRUARY 20. 2007. Recommended Action: Approve c. ORDINANCE NO. 2225 AMENDING ARTICLE V CHAPTER 1 OF THE ARCADIA MUNICIPAL CODE TO CLARIFY CERTAIN PROVISIONS REGARDING SOLID WASTE SERVICE. Recommended Action: Adopt d. Recommended Action: Adopt 4 03-06-2007 RESOLUTION NO. 6558 REQUESTING THE BOARD OF SUPERVISORS OF 49:0033 e. AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BANK OF THE WEST FOR BANKING SERVICES. Recommended Action: Approve 9• h. Council Member Harbicht pulled items e, f, and g for discussion A motion was made by Council/Agency Member Segal, seconded by Council/Agency Member Harbicht, and carried on roll call vote to approve the Consent Calendar items 2a thru 2d, and 2h and 2i on the City Council/Agency Consent Calendars. AYES: Council/Agency Members Segal, Harbicht, Amundson, Wuo and Chandler NOES: None In response to an inquiry by Council Member Harbicht on consent item (e) regarding the retrofitting of the railroad bridge at Second and Huntington for earthquake safety, Mr. Kelly advised that the bridge is owned by the MTA which is part of the Regional Rail Authority. The Gold Line Construction Authority is the entity which may eventually be building the gold line extension. Mr. Kelly also noted that the plans and specifications for the Gold Line do not show any widening or lengthening modifications. Mr. Kelly recommended that if the City Council desires, approve the retrofitting and then explore with one of the entities working on the project the possibility of modifications to the bridge in order to improve the intersection. A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency member Segal, and carried on roll call vote to approve Consent Calendar item 2e. AYES: Council/Agency Members Narbicht, Segal, Amundson, Wuo and Chandler NOES: None 03-06-2007 HUNTINGTON DRIVE AND SECOND AVENUE. AS PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES. Recommended Action: Adopt 2010. Recommended Action: Approve EL MONTE AVENUE. Recommended Action: Approve 49:0034 In response to an inquiry by Council Member Harbicht on consent item (f), Administrative Services Director Tracey Hause provided an overview on the process and why the City is proposing to change banking services. Ms. Hause also explained the bidding process and the criteria for selecting new banking services. A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency member Segal, and carried on roil call vote to approve Consent Calendar item 2f. AYES: Council/Agency Members Harbicht, Segal, Amundson, Wuo and Chandler NOES: None In response to an inquiry by Council Member Harbicht on consent item (g), Police Chief Bob Sanderson provided information regarding the award of a professional services agreement to Jan's Towing, Inc. for official police garage storage and tow service. Police Chief Sanderson also discussed the issues and complaints surrounding G& S Towing as discussed by their attorney Mr. Cosso during public comment. Police Chief Sanderson. also discussed the differences between the lwo towing services and the comparison of services provided. A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Member Chandler to approve Consent Calendar item 2g to enter into a Professional Services Agreement with Jan's Towing Service for official police garage storage and tow service. AYES: Council/Agency Member Harbicht, Chandler, Amundson, Segal and Wuo NOES: None 3. CITY MANAGER a. Action: Approve City Manager Bill Kelly presented the staff report regarding the City entering into a contract with MBIA Asset Management Group for investment management services. City Manager Kelly also explained the process and criteria the committee followed through this process and also commented on the current investment management services. Council Member Segal also presented a brief overview regarding the selection process and the differences between the various investments management agencies that submitted proposals to the City. A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Member Segal, and carried on roll call vote to authorize the City Manger to enter into a contract with MBIA Asset Management Group for investment management services. AYES: Council/Agency Members Harbicht, Amundson, Segal, Wuo and Chandler NOES: None 6 03-06-2007 49:0035 ADJOURNMENT The meeting was adjourned at 8:50 p.m. in memory of Warren Shaw and Mary Leupold. The City Council/Redevelopment Agency adjourned this meeting to March 20, 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 .5v1 `r~~t'ri' ~ Lisa Mussenden Chief Deputy City Clerk 03-06-2007 ~~ ~ s~y ~ ..~ ,~=~-~ ...., Aep~~ {r IM] ~ ; . . o0m~altyu[~°~. MEMORANDUM Development Services Department Mazch 6, 2007 To: Mayor and City Council From: Don Penman, Assistant City Manager/Development Services Director~w Jason Kruckeberg, Community Development Administrator 3c-K . RE: REGIONAL HOUSING NEEDS ASSESSMENT (RHNA) ALLOCATIONS FOR ARCADIA On January 19, 2007, the City was provided a memorandum from the San Gabriel Counci] of Govemments on the number of housing units allocated to the San Gabriel Valley region by the Southern Califomia Council of Governments (SCAG). These numbers are based on the forecast by SCAG for the time period of 2006-2014. According to the memorandum, the policy is to make each jurisdiction more reflective of their County as a whole in terms on income distribution by allocating above average shares of. low-income units to higher income communicates and vice versa. The attached tables show the allocations for cities in the San Gabriel region. As you will see, Arcadia was allocated a total of 2,130 units (544 very low income, 337 low income, 365 moderate income, and 884 above moderate). These numbers are based on foreca'sts of households projected within the time horizon, as well as associated job and employment growth and changes in popula[ion. Once these numbers were established, local input from the Council of Governments and participating cities was provided into the process. City staff sent correspondence to SCAG and the COG providing a"reality check" on eligible sites for development. For example, we asked that the Racetrack property be removed &om the eligible site list and that areas earmarked for development in the hillside areas of Arcadia also be removed from the list. In addition, City staff inet with SCAG representatives on March 6 to discuss the numbers and, specifically, why Arcadia's numbers are so high relative to other cities of the same size. One of the reasons is that the assumption is the 806 of the 2,130 units aze "replacemenY' units. This is a higher percentage than most cities in that Arcadia has a great number of single-family and multi-family homes demolished and replaced with new single-family homes. These are considered new units even though they are not "net new". That ]eaves a total of 1,253 units project over this 8-yeaz period. These numbers are still high for the City given our recent development patterns. However, as was stated above, these numbers do not anticipate development standards and zoning restrictions, they are based on overall growth forecasts and projections. Within the January 19 memorandum from the COG, an appeal process is outlined. Based on comments received by staff, a number of cities are interested in appealing Ihe numbers in the RHNA. The appeal process runs from February 15 through March 16. If the Counci] wishes to appeal the numbers, staff will draft an appeal letter prior to the March 16 deadline. ~ William R. 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C O J d ~ # N ~ _ ~ C Y N C ~ ~ (p ~ ~ ~ p ~ ~ fp ~' ~ ' C~ m a c ~ ~ ~ v a? y ~ ~ c m m ~ .c m ~ U > ° O a m ~ E ~ c ~ E '> a ~ m ~ °~ E m m ~ w a ~ ... U o U E v ~3 ~ a ~ c o ~ c o o v y m v m a i ~ a~ Q ?i a~ ~ o ~ ~ C~ ~ m t t a ~ u ~ L V y ~ A ~ R r ~ d ~ 2 U a ~ N E tIl C C C J J E ~ .C f~f R A ~ ~ ' p G C J J J O ~ O ~ O ~ a ° ° n i i ~ i i i ~ ~ ~ ~ ~ Q Q Q O~ m V V 0 ~ W (7 a ~ ~ n n n n~ n ~ 0 0 N ~ V N ~ 0 Q N C ~ 0 `m s E ~ z T ~ C O ~ U O Q Q Z 2 ~ Q U ~ N N L H ' O~ ~- <O N V ~ O R ~h ~ ~- O ~ O O n1 O> W W N N 41 M f~ M 0 ~- QO I~ u1 ~o ~O ' ~- V ~f C~ Q aD M N M N ~h 4] 4) O1 N O ~ M M ~h W <D O~ ~ N M O ~ <"1 ~D M N N ~o ~o h ~o .- 1~ tn f7 e- O O aD ~D ~b h h h h ln h v v v N N .- .- - R ~"1 ~ti ~ti N cV' fV ~ ~= ~= ~ ~ ~ ~ Q ~ O ' F N m c~ r~ v ~n v v c~ rn c~ co ~n ao cn r o eo v o rn ~n ~n rn rn n ~ ~o rn v o c~ ~ r~ r rn o ~o eo o co u~ o~ ~n ~ CO In Q M N ' o ~n ro m n ao ~n c~ ~ .- p~ (O ~fi R N 01 N I~ (D N 7 ~ R M M o') C7 0 ) M M N N N .- ~ ~ ~ ~ N ~ ~ W - L O ~ W > O a Q ~ ' N ~ O ~ r N ~ ~ N ON W c+D ~ M M M N N N O m ~ ~ r ~~ ~ N N ~ ~ ~ ~ N f 0 ( D 1 { p f+I (D (O ~ M M N N N ~ ~ ~ ~ ~ ~ ~ W I~ N E 0 ~ c m A ~ m a ~ ~ ~ ^ ~ ~ ~ M M M O ~ n ~ N ~ ~ ~ ~ ~ r r M N N ~ ~ ~ ( p ( O ( O ~ ~ I~ N Q 1 N I~ fD M ~ . ~ r N ~I1 ~ t+1 M N N N r ~ ~ ~ ~ N m ~ O V C 3 O J ~ ln I~ l'~ ~ N h ~ f0 f0 fn a0 N th ~ ~ Of OD N p O N N (O f~ e- ~ ~ (O (O Q1 I~ N p~ 1~ O1 N O N V 1~ f7 I~ 00 I~ th ~ CO CO OD m N ~ N O (O V ~ l"1 ~ . (V ~d' 0~ ~ h Ln ln [t M M N N N N N ~ ~ ~ ~ ~ r' ~ ~ M ~ ^ O v C O J N ~ ~ N V C 'O C N ~ fp c y {p a ~`p pp ... y -~ ~' R .o LL m O ~ a u~7i N 'a c C~ ° o ~ ~ E m ~ -o ~ y n` ~ a~i a m ° m m ~ o m w a ~ °-' Z "m r ~ c°, o U '~ o v 0 E c :: ° a a~ t7 ~ ~ m 3 v ~ o a i ~ ~ m t t m v ~ ~ ' o m ~ -~ c p o m y ~ ~ o ~ ~ d m o o m ~ ~ ' ' d '~ m ~ ' C9 v c ~ m ~ . ~ o . ~ ~ `~ c~ ~ ~ ~ c~ o o cn o n cn m rn v 5 > > a d w ¢ cn ¢ c~ ~ ~ rn ~ m ~ c _ ~ 0 0 ~ rn ~~~~ ~~~ ~~ STATEMENT BY CITY ATTORNEY Last week, the Pasadena Star News published articles concerning certain allegations made by the group known as "Arcadia First!" Arcadia First! has alleged that the Arcadia City Council previously met in closed session in violation of the Ralph M. Brown Open Meetings Act. Such allegations are simply false. The City Council has, in the past, met in closed session to discuss real property negotiations involving the southerly parking area of the Santa Anita Racetrack property. The Brown Act and, in particular, Government Code Section 54956.8, specifically allow a legislative body, such as the City Council, to meet with its negotiators prior to the purchase, sale, exchange, or lease of real property in order to grant authority to its negotiators regarding the price and terms of payment. The Brown Act also specifies what must be placed on a posted agenda to describe a closed session such as this. In particular, Government Code Section 54956.8, and also Government Code Section 54954.5, specifically provide that the agenda posted in advance of the closed session identify the City's negotiators, the real , property which the negotiations may concern, and the persons with whom the City's negotiators may negotiate. When the City Council met in closed session to discuss this matter, it did so in full compliance with both Government Code Sections 54956.8 and 54954.5. It is important to note that contrary to apparent assertions made by Arcadia First! and implications arising from last week's articles published in the Pasadena Star News, the City Council never met in closed session with anyone other than City Council Members, certain City Staff involved in the real property negotiations, and the City Attorney. Specifically, at no time were representatives of other parties involved in the negotiations present in any such closed session. By letter dated November 22, 2006, Attorney Douglas P. Carstens from the law firm of Chatten-Brown and Carstens, representing Arcadia First!, transmitted correspondence to City Manager Bill Kelly objecting to the City's "practice of discussing the Santa Anita Racetrack property in closed session discussions." In his letter, Attorney Carstens indicated that Arcadia First! knows of no anticipated purchase, sale, exchange or lease of real property by the City to or from the Santa Anita Racetrack. He requested that if there is such a purchase, sale or lease, the City should identify it. He also pointed out that the Brown Act does not allow a legislative body discussing real properiy negotiations in a closed session to discuss such matters as "briefing on land acquisition, design work of architects and engineers, infrastructure and parking developments, capping interim expenses, environmental impact report considerations, issues of alternative sites, traffic, and policy considerations." By letter dated December 13, 2006 the City Attorney's Office responded to Attorney Carstens' November 22, 20061etter. The City Attorney's Office indicated that in compliance with Brown Act, the real property subject to the negotiations was, indeed, identified in agendas posted at least seventy-two hours in advance of the closed sessions. Furthermore, in full compliance with the Brown Act, none of the issues prohibited from discussion in closed session, as cited in Attorney Carstens' letter, were discussed by the City Council. Notwithstanding the December 22, 2006 response from the City Attorney's Office, Attorney Carstens on behalf of Arcadia First! submitted an additional letter to the City Council dated February 6, 2007, again objecting to discussions about these real property negotiations in closed session. In his February 6, 2007 letter, Attorney Carstens proceeded to ask several questions about what was discussed in closed session. As Attorney Carstens and Arcadia First! surely must be aware, the Brown Act and, in particular, Government Code Section 54963, forbid any person from disclosing confidential information that has been acquired by being present in a closed session. Indeed, Government Section 54963 provides specific and severe penalties for disclosing confidential information discussed in a closed session. Finally, in his letter of February 6, 2007, Attorney Carstens speculates that these closed sessions involved discussions of a development agreement for the Caruso Magna Praject. If this were the case, it is important for the public to have a full understanding and appreciation of the following. Any development agreement negotiated by the City with another party must be the subject of not merely one, but two public hearings prior to adoption. First, after advance published notice of a public hearing and providing to the public an opportunity to inspect a proposed development agreement, the Planning Commission of the City must conduct a public hearing on a proposed development agreement in order to provide the Commission's recommendation to the City Council. Thereafter, after advance published notice of a second public hearing and proving to the public further opporlunity to inspect the proposed development agreement, the City Council must then conduct its public hearing concerning the proposed development agreement: Of course, this provides to the public the opportunity to attend and participate in two public hearings, and observe the discussion of the development agreement by both the Planning Commission and the City Council. Finally, any development agreement must be adopted by the City Council by ordinance, requiring not merely one reading, but also a second reading at a separate subsequent City Council meeting. In oth~r words, any development agreement that might be brought forward would be subject to public scrutiny in an extremely open process that involves two public hearings, two readings of an ordinance and ample opportunity for the public to provide input. It is impossible for any development agreement to be adopted "in secret." In conclusion, I want the public to understand that prior to conducting any of the closed sessions involved here, the City Council and City Staff sought advice from the City Attorney to make sure that the City Council would be conducting all such closed sessions in full compliance ~ with Ralph M. Brown Open Meetings Act. The City Attorney specifically and consistently advised the City Council that it could and ultimately did conduct all such closed sessions lawfully and appropriately, and in full compliance with the Brown Act. The City of Arcadia does not take lightly the Brown Act and its requirements for conducting open meetings wherever reasonable and appropriate. On the other, the City Council also does not take lightly the need to protect the interests of the citizens and taxpayers of the City of Arcadia when negotiations are conducted for their benefit by the City regarding the purchase, sale, exchange or lease of real property. As set forth in the earlier mentioned December 13, 2006 letter from the City Attorney's Office to Attorney Carstens, the California Superior Court, Appellate Division stated in the case of Kleitman v. Superior Court that, "the need for executive sessions in this circumstance is obvious. No purchase would ever be made for less than the maximum amount the public body would pay if the public (including the seller) could attend the session at which that maximum was set, and the same is true for minimum sales prices and lease terms and the like." The City is required, from time to time, in accordance with the Brown Act, to have closed sessions regarding real properiy negotiations in order to protect the citizens from a purchase or sale based on an unfair price and other terms. This is clearly necessary in order to prevent the City's negotiation strategy from being open to view by the other party to the negotiations. In the end, any purchase and sale agreement entered into by the City must be made public, and any development agreement would additionally be subject to required public hearings. I hope and expect that this statement sets the record straight and corrects mis-information that has been circulated about these closed sessions. . • . I ~ ~ 1 l~irlR~ ' ~R"ORAT~9~ '~° ~°°° STAFF REPORT Office of the City Clerk DATE: March 6, 2007 TO; Honorable Mayor and Members of the City Council FROM: Lisa Mussenden, Chief Deputy City Clerk/Records Manager SU67ECT: 2006-2007 ANNUAL WEED ABATEMENT PROGRAM AND PROTEST PUBLIC HEARING RECOMMENDATION: Approve the 2006-2007 Weed Abatement Properry List and direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties. On February 20, 2007, the City Council adopted Resolution No. 6554 declaring its intention to abate noxious weeds, rubbish and refuse fram various private properties within the City. Resolution No, 6554 also set March 6, 2007 as the time and place to hear objections from the owners of such properties to the proposed removal of flammable and otherwise noxious material. As required by the California Government Code, the Los Angeles County Agricultural Commissioner (County) has mailed the appropriate notice to all affected property owners. The attached list identifies the properties requiring weed abatement by street address, or the general location if a street number has not been assigned (see Appendix A). Representatives from the County and the Arcadia Fire Department will be present at tonighYs public hearing in order to address any questions regarding this matter. RECOMMENDATION It is staff's recommendation that the City Council move to approve the 2006-2007 Weed Abatement Properly List and direct the Los Angeles County Agricultural Commissioner to abate nuisances upon those properties. Approved: ~~~ William Kelly, City Manager 1 2006-2007 Declaration List APPENDIX A ' Street•~Address ` '-, ~ `~Owners,Name ' ' ~,1,~ ' ~ ~~,x ~y ~ ~~ , Fa~cel No~s ~ ~ ~ `~ ' ,, ~ ~ ,n , ,4 ~ , ,~ y~ , , G 1725 S. Baldwin Ave. John M Laraway & Tsu-Ling 5383-030-0~16 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 5773-01o-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 Declaration List APPENDIX A _ ~ ' ~i ".sd:~ r :~"" '`~ ~.X ,3 t t Et i t : sS#reet'Address ~; Owners~Na me , ~ !' ~ t ~ °`~ .:Parcel No ` ' ~; ' ,~ ;; ~ ~ a _ ~ _ ^ ~ , , ~ ~ ~ ,, Colorado Blvd. LACMTA 5775-022-901 Santa Clara St. Ellsworth Dahlgren Co. Trust 5775-025-025 Foothiil Fwy LACMTA 5775-026-902 Foothiil Fwy LACMTA 5775-026-903 Foothill Fwy LACMTA 5775-Q26-904 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 Hartzler 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 & Development L LC 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 OC ` ~j t v~CA~ ~' d O ~, ~; r~~ 3 ( ~a {a7 ABATEMENT ORDER MARCH 6, 2007 FOLLOWING THE PUBLIC HEARING HELD MARCH 6, 2007, IN THE MATTER OF RESOLUTION TO ABATE NOXIOUS WEEDS, RUBBISH, AND REFUSE, THE CITY COUNCIL OF THE CITY OF ARCADIA, BY MOTION ADOPTED AN ORDER DIRECTING THE AGRICULTURAL COMMISSIONER/DIRECTOR OF WEIGHTS AND MEASURES TO ABATE THE NUISANCE BY HAVING THE WEEDS, RUBBISH, AND REFUSE REMOVED. CITY COUNCIL OF THE CITY OF ARCADIA BY v" AYOR ATTEST: ~ ~ CITY CLERK ~A~ ~~ eo~t ~.~ RECEIVEI? FEB 0 ~ 2~~iI STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) } ) SS ) ) C.1TY OF ARCA6IA a~Tr c~_; ,c RAYMOND B. SMITH, DEPUTY DIRECTOR, BUREAU CHIEF, AGRICULTURAL COMMISSIONER/WEIGHTS AND MEASURES, being first duly swom says: That on or before the Sth day of Febniary, 2007, as required by the Government Code of the State of California, he no6fied by United States Mail the owners of each of the properties described in the attached list a notice or notices to destroy noxious or dangerous weeds, of which the annexed is a hve copy, and setting the 6th day of Mazch, 2007, as the date upon which owners of said property could attend a meeting of the Council of the City of objections will 1~J.. SUBSCRIBED AND SWORN TO BEFORE ME This ~6 day of F~b_ ru~~r ~, 2007 ~._.._. ~ ~ /~S L-~ City Clerk due consideration. a/a6~~°~ ~ ~a~ °C i~ ~ i + + ~ ~ . . ~n~~ Kurt E. Floren Agriculturaf Commissroner/ Director of Weights and Measures October 24, 2006 The Honorable City Council City of Arcadia 240 W. Huntington Dr. Arcadia, CA 91007 ____ __. ATTENTION: CITY CLERK COUNTY OF LOS ANGELES Department of Agricultural Commissdone~ECEIVED Weights and Measures ocT ~ ry ~oas http://¢cwm.co.lacaus CITY OF ARCADIA Phone: (626) 575-5487 Ci7v C~ERK ~2300 LowerAzusa Road Fax: (626) 350-7077 Arcadia, Califomia 91006-5872 Listed below are the proposed dates for the adoption of our annual Declaration List Resolution and the Protest Hearing. The adoption of resolution, hearing and mailing dates will appear on the declaration cards mailed to the property owners. Resolution and Declaration List Delivery Date: January 16, 20~7 Resolution Adoption Date: February 20, 2007 Protest Hearing Date: March 6, 2007 If you find these dates to be agreeable with your council and calendar, please sign and fax (626/350-7077) a copy of this letter as a confirmation no later than November 15, 2006. The Declaration Cards will be printed on or before December 15 and your meeting dates cannot be changed after that date. Any consideration in placing our item early on your agenda would be appreciated. If you have any questions or need additional information, please contact me at (626) 575-5487. Very truly yours, RAYMOND B. SMITH Deputy Director, Bureau Chief Weed Hazard & Pest Management Bureau ~ ~ CORINA MONSIVAI Staff Assistant Weed Hazard & Pest Management Bureau RS:CM:cm CONFCII^lRES2007fortn.frm ~ Sign d Confirmation ~4 ~3G-o l~ Date Fax No: 626/350-7077 Please print current Mayor's name below: ~o~,c-~ Chandle/' Please print City Clerk's name below: V LCl~YI C'S t~' •,~Y~"0 Gl S Protecting Consumers and the Environment Since 1881 To Enrich Lives Through Effective and Caring Service ~awa~ ~ ~I ~I1 r r y ~4ro~M~ r Kurt E. Floren Agricultura! Commissioner Director of Weights and Measuies January 16, 2007 The Honorable Mayor Roger Chandler City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 Dear Mayor Chandler: http://acwm. co.lm cmus (616) 575-Sd87 `Og1NpFLESRPUprY / ~ ~ ~, ~MuM~ai~x~`~ wn~re L Mueuxce l2300 LowerAzusa Road Arcadia, Califomia 91006-5872 RECEIVED ~JAN 1 ~ 2007 CJTY OF ARCAp1A C1Tl CL~;i;C Transmitted herewith is the Declazation List of properties which have been found by inspection to have weeds, brush and/or rubbish growing or occurring upon them and which consfitute an existing or potential hazard to the health and safety of adjacent property owners. Also attached is a resolution for adoption by the City Council declaring that hazasdous weeds, bnxsh, nxbbish, etc., growing or occurrin$ upon or in front of the listed properties are a seasonal and recurrent public nuisance. It is my recommendation that the Honorable City Council adopt this resolution at your meeting of February 20, 2007, which sets Mazch 6, 2007 at 7:00 p.m. as the date and time for Hearing of Protests. After your City Council adopts the resolution, please send a copy to our Weed Abatement Division at the above address. Annual Weed Abatement no6ces will be sent to the owners of the properties identified in the resolution pursuant to state law. An affidavit of mailing will be submitted to the City Council after the mailing has been completed. Respect 11 submitted, KURT E. FLOREN Agricultural Commissioner/ Director of Weights and Measures KEF:RBS:cm CTYR85LUO6.FAM Attach. COUNTY OF LOS ANGELES Department af Agriculdural Commissioner/ Weights and Measures Protecting Consumers and the Environment Since 1881 To Enrich Lives Through Effective and Caring Service RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA 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. THE CITY COUNCIL OF THE CITY OF ARCADIA DOES RESOLVE AS FOLLOWS: BE IT RESOLVED THAT, 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: SECTION 1. That the weeds, brush or rubbish growing or existing upon the streets, sidewalks, or private 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, dangerous, or a public nuisance. SECTION 2. That the presence of dry grass, stubble, refuse, or other flammable materials are conditions which endanger the public safety by creating a fire hazard. SECTION 3. That by reason of the foregoing fact, the weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material growing or existing upon the private properry hereinafter described, and upon the streets and sidewalks in front of said properry constitute a seasonal and recurrent public nuisance and shouid be abated as such. SECTION 4. That the private property, together with the streets and sidewalks in front of same herein referred to, is more particulazly described as follows, to-wit: That certain property described in the attached list hereto and by this reference made a part hereof as though set forth in full at this point. BE IT THEREFORE RESOLVED, pursuant to the findings of fact, by this Council heretofore made, that the weeds, brush, rubbish, dry grass, stubble, refuse, or other flatnmable material in and upon and in front of the real property hereinbefore described constitute and aze hereby declazed 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, brush, rubbish, dry grass, stubble, refuse, ar other flammable material and sha11 cause notices to be given to each property owner by United States Mail and said notice sha11 be substantially in the following form to-wit. NOTICE TO DESTROY WEEDS, REMOVE BRUSH, RUBBISH AND REFUSE Notice is hereby given that on February 20, 2007, the City Council of the City of Arcadia passed or will pass a resolution declaring noxious or dangerous vegetadon including weeds, brush, tumbleweeds, sagebrush, and chaparral or rubbish and refuse were growing or occurring upon or in front of said property on certain streets in said city or unincorparated azea of the County of Los Angeles, and more particulazly described in the resolution, and that they constitute a fire hazazd or public nuisance which must be abated by the removal of said noxious or dangerous vegetation, rubbish and refuse, otherwise they may be removed and the nuisance abated by County authorities and the cost of removal assessed upon the land from or in front of which the noxious or dangerous vegetation, rubbish and refuse are removed, and such cost will constitute a special assessment against such lots or lands. Reference is hereby made to said resolution for further particulars. In addition, the Board of Supervisors authorized and directed the Agricultural Commissioner to recover its costs of details. All property owners having any objections to the proposed removal of noxious or dangerous vegetation, rubbish and refuse and the recovery of inspection costs, are hereby notified that they may attend a heazing of the City Counci] of said city to be held at 240 W. Huntington Drive, Arcadia, CA 91007, in the Council Chambers on Mazch 6, 2007 at 7:00 p.m. where their objections will be heazd and given due consideration. If the property owner does not want to present objections to the proposed removal of the noxious or dangerous vegetation including weeds, brush, tumbleweeds, sagebrush, and chaparral or rubbish and refuse, or the recovery of inspection costs, the owner need not appeaz at the above mentioned hearings. City Clerk of the City of Arcadia Z BE IT THEREFORE RESOLVED, that 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 inspections. 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. BE IT FURTHER RESOLVED THAT the 6th day of Mazch, 2007, at the hour of 7:00 p.m. of said day is the day and hour, and the Meeting Room of the City Council of the City of Arcadia in the Ciry Hali in the City of Arcadia is fixed by this Ciry Council as the place when and where any and a11 property owners having any objections to the aforesaid proposed removal of weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material may appeaz before the City Council and show cause why said weeds, brush, rubbish, dry grass, stubble, refuse, or other flammable material should not be removed in accordance with this resolution, and said objections will then and there be heard and given due consideration; and BE IT RESOLVED THAT the notices to destroy weeds, brush, rubbish, dry grass, stubble, refuse or other flammable material hereinbefore referred to shall be mailed by said Agricultural Commissioner/Director of Weights and Measures at least ten days prior to Mazch 6, 2007. PASSED AND ADOPTED this day of , 2007. MAYOR OF THE CITY OF ARCADIA ATTEST: BY CITY CLERK OF THE CITY OF ARCADIA LOS ANGELES COUNTY DECLARATION LIST DATE 12 28 06 CITY OF ARCADIA IN SEQ BY WEED-KEY, THEN PARCEL UNIMPROVED ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY 06 035 1725 S BALDWIN AVE 5383 030 073 5 7 06 035 SANTA ANITA CANYON ROAD 5765 002 012 6 7 06 035 SANTA ANITA CANYON ROAD 5765 002 013 5 7 06 035 HIGFILAND VZSTA DRIVE 5765 O11 O11 8 7 06 035 HIGALAND OAK DRIVE 5765 030 O10 9 7 06 035 TORREY PINES DRIVE 5771 032 008 1 7 06 035 WHISPERING PINES DRIVE 5771 032 013 4 7 06 035 WHISPERING PINES DRIVE 5771 032 O15 2 7 06 035 TORREY PINSS DRIVE 5771 033 O15 0 7 06 035 TORREY PINSS DRIVE 5771 033 016 9 7 06 035 TORREY PINfiS DRIVE 5771 033 017 8 7 06 035 FLOWER STREET 5773 005 900 4 7 06 035 FLOWER STREET 5773 005 901 3 7 06 035 FRONT STRfiET 5773 006 910 0 7 06 035 153 S SANTA CLARA ST 5773 007 009 0 7 06 035 INDIANA STREET ~ 5773 O10 905 9 7 06 035 INDIANA STREET 5773 O10 906 8 7 06 035 INDIANA STREET 5773 O10 907 7 7 06 035 INDIANA STREET 5773 O11 922 6 7 06 035 INDIANA STREET 5773 O11 923 5 7 06 035 INDIANA STREET 5773 O11 924 4 7 06 035 INDIANA STREET 5773 O11 925 3 7 06 035 INDIANA STREET 5773 O11 926 2 7 06 035 3RD AVENU& 5773 O15 937 0 7 06 035 3RD AVENCTE 5773 O15 938 9 7 06 035 3RD AVENCJE 5773 O15 939 8 7 06 035 3RD AVEN[JE 5773 O15 940 5 7 06 035 3RD AVENUE 5773 O15 941 4 7 06 035 3RD AVENUE 5773 O15 942 3 7 06 035 3RD AVENUE 5773 O15 943 2 ~ 7 06 035 3RD AVENCJE 5773 O15 944 1 7 06 035 3RD AVENUE 5773 O15 945 0 7 06 035 3RD AVENUE 5773 O15 946 9 7 06 035 3RD AVfiNUE 5773 O15 947 8 7 06 035 3RD AVENiJE 5773 O15 948 7 7 06 035 3RD AVENOE 5773 O15 949 6 7 06 035 3RD AVEN[JE ~ 5773 O15 950 2 7 06 035 3RD AVENCTE 5773 O15 951 1 7 06 035 COLORADO BLVD. 5775 022 900 7 7 06 035 COIARADO BLVD. 5775 022 901 6 7 06 035 SANTA CLARA STREET 5775 025 025 0 7 06 035 FOOTHILL FWY. 5775 026 902 6 7 06 035 FOOTHILL FWY. ~ 5775 026 903 5 7 06 " 035 FOOTHILL FWY. " 5775 026 904 4 7 06 035 FOOTHILL FWY. 5775 ~026 905 3 7 O6 035 CORNELL ROAD 5775 026 906 2 7 -1- 1 ,Jl~ + LOS ANGELES COUNTY DECLARATION LIST DATE 12 28 06 ~ CITY OF ARCADIA IN SEQ BY WEED-KEY, THEN PARCEL UNIMPROVED ZONE CITY CODE STREET ADDRESS PARCEL NO. KEY 06 035 1045 W HUNTINGTON DR 5777 036 002 2 7 06 035 DUARTE ROAD 5779 O15 004 2 7 06 035 23 E DUARTE RD 5779 O15 005 1 7 06 035 25 E DUARTE RD 5779 O15 006 0 7 06 035 DUARTE ROAD 5779 O15 007 9 7 06 035 201 E DUARTE RD 5779 O18 040 2 7 06 035 LEROY AVENUE 5784 020 014 3 7 06 035 NORMAN AVENUE 5788 014 013 3 7 06 035 LIVS OAK AVENUE 5790 027 032 8 7 06 035 LIVE OAK AVSNCTE 5790 027 033 7 7 06 035 LIVE OAK AVENCTE 5790 027 034 6 7 06 035 CLARK STREET 8532 016 001 5 7 06 035 CLARK STREET 8532 016 004 2 7 06 035 CLARK STREET 8532 016 022 0 7 06 035 GOLDRING ROAD 8532 018 005 7 7 06 035 GOLDRING ROAD 8532 O18 O11 9 7 06 035 28 W LIVE OAK AVEN[TE 8573 019 003 7 7 06 035 LIVE OAK AVENUE 8573 023 007 5 7 06 035 122 E LIVE OAK AVENUE 8573 024 005 5 7 06 035 128 E LIVE OAK AVENUE 8573 024 006 4 7 06 035 134 E LIVE OAK AVENUE 8573 024 007 3 7 06 035 140 E LIVE OAK AVENUE 8573 024 008 2 7 06 035 8573 024 026 9 7 WEED KEY 7 TOTAL VACANT/IMPROVED RECORDS 0 WEED KEY 7 TOTAL UNIMPROVED RECORDS 69 WEED KEY 7 TOTAL RECORDS 69 -2- ~2_ . C ORDINANCE NO. 2225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 5120.1 AND 5120.7.1 OF ARTICLE V CHAPTER 1 OF THE ARCADIA MI )NICIPAL 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 authorizes the 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 ardinance 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, CALIFORNIA, 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: "5120.1 SAME. FREQUENCY. The Ciry, its agents, employees, or the person with whom the City has entered into or may hereafter enter into a contract far the collection and removal of garbage, ar refuse shall collect and remove all garbage and refuse accumulated at the intervals specified in the following subsections hereof. Garbage or refuse presented far collection must have been accumulated from or generatad by the use of the property from which the collection is made." SECTION 2. Arricle 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-dwetling units including, without limitation, duplexes, triplexes, apartments and condominiums in the City shall subscribe to and pay far 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 residenrial refuse collectar as established by the Arcadia Municipal Code, resolutions of the City and the City Residential Refuse Agreement. No person shall refuse such service, use other service, ar fail to pay the collector of 2 2225 such garbage or refuse the fee charged by such collector, which shall be in accordance with the rates fixed and deternuned 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. This Ordinance shall take effect on the thirty first (31) day after its adoption. Passed approved and adopted this btn day of Mar~h , 2007. /S! ROGER CHANDLER Mayor of the City of Arcadia ATTEST: IS/ ~Ai~ES H. ~~-RRO~S City Clerk APPROVED AS TO FORM: ~~Q,~.. /~. ~C~f~f,~La-t-('.t Stephen P. Deitsch City Attorney 3 2225 i STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. Br1RROWS, Ciry Clerk of the Ciry of Arcadia, hereby certifies that the foregoing Ordinance No. 2225 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 6th day of March, 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 1 V/ ~i~~b~ , Ia ~~RRQ~S City Clerk of the City of Arcadia 4 2225 ORDINANCE NO. 2225 ;~;~ _ .i AN ORDINANCE OF T'I~ CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECT'IONS 5120.1 AND 5120.71 OF ARTICLE V CHAPTER 1 OF THE ARCADIA MiJNICIPAL CODE TO CLARffY 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 authorizes the 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, 'TI-IE CITY COUNCIL OF TE~ CITY OF ARCADIA, CALIFORNIA, 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: "5120.1 SAME. FREQLTENCY. 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 sha11 collect and remove all garbage and refuse accumulated at the intervals specified in the following subsections hereof. 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, apariments and condominiums in 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 shall 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 (IS) days after its adoption. This 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 AT'TEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 (,-~ ~~ ~ a~~r;, c /, STAFF REPORT DATE: February 20, 2007 Public Works Services Department TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Director 1 Prepared by: Tom Tait, Deputy Public Works Services Director Marie Nguyen, Management Aide SUBJECT: Recommendation: 1 SUMMARY Periodically, Waste Management (WM), the City's residential refuse hauler, conducts audits in the City to locate residential addresses that are not paying for andlor 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 Attomey 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 Califomia lntegrated Waste Management Act and their inherent municipal authority, to establish mandatory service requirements for solid waste. Mandatory service requirements are extremely common in Cal'rfomia cities. It is the City's obligation to protect the public health and safety by requiring all residents to have trash collection service. Standard minimum service for residents costs $12.77 per month, which includes three (3) sixty-four (64) gallon bins for refuse, recyclables, and green waste. With standard refuse services, the residents' participation contributes to our efforts to maximize the reuse and recycling of materials to minimize the amount of waste disposed in landfilis, which keeps Arcadia in compliance with AB 939 requirements. However, some residents still refuse to sign up and pay for trash service. Instead, they are gathering their trash and transporting it to their place 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 Municipal 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 Article V, Chapter 1 of the Arcadia Municipal Code to clarify 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""'-- =' William R. Kelly, City Manager PM:TT:mn ARCAD .. / ~. ~~ , STAFF REPORT Development Services Department DATE: March 6, 2007 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Director ~~ Philip A. Wray, City Engineer~~~ Prepared by: Rafael Fajardo, Assistant Engineer SUBJECT: RECOMMENDATION TO ADOPT RESOLUTION NO. 6558 REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 1640 IN THE CITY OF ARCADIA FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF SUMMARY In 2002, the developer of the Anoakia Estates Development located on the northwest corner of Baldwin Avenue and Foothill Boulevard installed storm drains within the projecYs internal private streets. At that time, the developer approached the Los Angeles County Flood Control District regarding the County taking on the storm drain maintenance responsibility after construction. The City inspected the storm drain work and holds the record plans and documents. The City of Arcadia is now prepared to transfer and convey to the Los Angeles County Flood Control District the storm drain improvements in the Anoakia Estates development for maintenance and repair. Staff recommends adoption of Resolution No. 6558 by the City Council requesting the Los Angeles County Board of Supervisors to accept the storm drain improvements. Upon approval, staff will transmit the resolution, the record information and the transfer fee to the County Flood Control District to finalize the process. Staff Report March 6, 2007. Page 2 BACKGROUND As part of the Anoakia Estates Development located at the northwest corner of Baldwin Avenue and Foothill Boulevard, the City of Arcadia required the developer to construct a public storm drain of approximately 1,000 feet of various size reinforced concrete pipe within the private streets. At the time of design, the developer approached the Los Angeles County Flood Control District with the request to take over the maintenance responsibility of the line. The County approved the request and the storm drain design in early 2001. The installation was completed in 2002. The City inspected the construction and holds the record plans and documents. DISCUSSION Pursuant to Los Angeles County Flood Control District requirements and in order to complete the transfer of maintenance, it is necessary for the City to adopt the attached Resolution No. 6558 for Miscellaneous Transfer Drain No. 1640. The County will require the adopted resolution, a transfer fee of $ 1,428.00 and the record documents in order to complete the transfer. FISCAL IMPACT Execution of documents and transfer of storm drain maintenance to Los Angeles County will have an initial fiscal impact on the City of Arcadia of $ 1,428.00. Upon transfer of the storm drain responsibilities to the County, the City will save approximately $500 in maintenance costs annually. RECOMMENDATION That the City Council adopts Resolution No. 6558 requesting that Los Angeles County Flood Control District accept storm drain facilities designated as Miscellaneous Transfer Drain No. 1640 for future maintenance, repair, and improvements. Approved By: .-=: ~~ WILLIAM R. KELLY City Manager DP:PAW:RF:pa Attachments: Resolution No. 6558 Map of Project Area RESOLUTION NO. 6558 A RESOtUT{ON OF THE C{TY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND CONVEYANCE OF STORM DRAIN iMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN N0. 1640 IN THE CITY OF ARCADIA FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF WHEREAS, there has been a dedication to the City of Arcadia, or the City has otherwise acquired,, the storm drain improvements and drainage system known as Miscellaneous Transfer Drain No. 1640, described in Exhibit "A" attached hereto; and WHEREAS, the public interest will be served by transfer and conveyance of the storm drain improvements and drainage system described in Exhibit "A" attached hereto from the City to the ~os Angeles County Flood Control District for future operation, maintenance, repair and improvement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City does hereby request the Los Angeles County Flood Control District to accept the transfer and conveyance of the storm drain improvements and drainage system described in said Exhibit "A." SECTION 2. Subject to the acceptance thereof by the Los Angeles County Flood Control District, the City Engineer is authorized and directed to prepare all necessary instruments and documents, including without limitation an appropriate deed, to e~fectuate said transfer and conveyance, and the Mayor is authorized and directed to execute said deed and other instruments and documents. The District shall have no obligation or responsibility to maintain said storm drain improvements and drainage until all rights-of-way for said storm drain now vested in the City and all other necessary rights-of-way therefor have been conveyed to and accepted by the District. Upon conveyance and acceptance, the District shall maintain, operate, repair and make necessary improvements to the subject storm drain. Reference is hereby made to the plans and profile of said storm drain improvements and drainage system on file in the office of the City Engineer and on file in the office of the Chief Engineer of the District for further data as to the exact location, extent, and description of said storm drain improvements and drainage system. SECTION 3. 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 ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: __ ` ~.~._ _ --w t~ ~~~~~~ ~~~~ .~ Stephen Deitsch, City Attorney ANOAKIA DEVELOPMENT cm• or• ARC.~T~t ~, (,nI oo„ (~~r~ (757) (737) (729) (715) / ~/ ' ~ '/ /!~, ~ ~~ ~/ ' / ;. i / : ~ ~ ~ ~ ~~ / ~ ~ ~~ ~~~ ~/ / / ~ i ~, // . -/ / i,~;/~i .; ~ ~ /~/ ~ / ~ i . i~ ~~ / i j', i~, ' ' / ~ i i /i . ~i ~ : / ~ ~~ ~ ( .~~3 ~ ~~ ~~t~a~/ ~ ~ / ~~ ~~, / ~ i; ;'~~ -, ~ '~~~rs9}-i~_ " Paa~/.'. Pii7~/ i . J: i ~, ~i~ /,., /_ i/~~ ~ i i. ~ i, j !'; i. i, ~ ~/~~ ~i i/: ~~; i ' ~ (757) ~ / i ~ ~ ~ i i~ ~ %~~ /~~ ~~ ~ ~i ~l~i // ~// " ~~~~r597// '~~ ~ ~~ _~~ ~~'i. // ~, /i.~i / / i ~// ~//~l / ~/ ~ / ~ ~ ~~ ~ ~ / ~',~ ~~ ~ %; ~ ~~ '~~i %,! ~/i. 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' FOOTHILL BL ~~ EXHIBIT "A" NORTH 1" : 200' RESOLUTION NO. 6558 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO ACCEPT ON BEHALF OF SAID DISTRICT A TRAN~FER AND CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS MISCELLANEOUS TRANSFER DRAIN NO. 1640 IN THE CITY OF ARCADIA FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZING THE TRANSFER AND CONVEYANCE THEREOF WHEREAS, there has been a dedication to the City of Arcadia, or the City has otherwise acquired, the storm drain improvements and drainage system known as Miscelianeous Transfer Drain No. 1640, described in Exhibit "A" attached hereto; and WHEREAS, the public interest will be served by transfer and conveyance of the storm drain improvements and drainage system described in Exhibit "A" attached hereto from the City to the Los Angeles County Flood Control District for future operation, maintenance, repair and improvement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CAL4FORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City does hereby request the Los Angeles County Flood Control District to accept the transfer and conveyance of the storm drain improvements and drainage system described in Exhibit "A." SECTION 2. The City Council hereby approves the transfer and conveyance of the storm drain improvements and drainage system described in 1 Exhibit "A" to the Los Angeles County Flood Control District. Subject to fhe acceptance thereof 6y the Los Angeles County ~lood Control District, the City Engineer is authorized and directed to prepare all necessary instruments and documents, including without limitafion an appropriate deed, to effectuate said transfer and conveyance, and the Mayor is authorized and directed to execute said deed and other instruments and documents. The District shall have no obligation or responsibilify to maintain said storm drain improvements and drainage until all rights-of-way for said storm drain now vested in the City and all other necessary rights-of-way therefor have been conveyed to and accepted by the District. Upon conveyance and acceptance, the District shail maintain, operate, repair and make necessary improvements to the subject storm drain. Reference is hereby made to the plans and profile of said storm drain improvements and drainage system on file in the office of the City Engineer and on file in the office of the Chief Engineer of the District for further data as to the exact location, extent, and description of said storm drain improvements and drainage system. SECTION 3. The City Clerk shall certify to the adoption of fhis Resolution. 2 6558 Passed, approved and adopted this 6tt~ day of March 2007. ISI ROGER CHANDLER Mayor of the City of Arcadia ATTEST: rst J~~ES ~. ~~ARR~~US City Clerk of the City of Arcadia APPROVED AS TO FORM: . ~_ ~ / Stephen Deitsch, City Attorney 3 6558 STAT~ 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. 6558 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 6th day of March, 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 /S/ ~~ES Hs ia~Y Y~ iV'~~~ City Clerk of the City of Arcadia 4 6558 ANOAKIA DEVELOPMENT ~~.;~. :. ; f ~ t ~~ X~;T~~~ ~'~~~~`~~:~ ; .; ,:,~. .~. ; ;~~1' ~ ,~ i„» ~'~ ~~6s~ os,~ ~~3» nz9~ c„s~ , no,~ > Q Z ~ ^ J Q m EXHIBIT "A" ~ 6558 NoR o FOOTHILL BL ~1 ~ ~ e r , ..~. ~DIA +~c~R~'DgpTID9'~0o~ STAFF REPORT Development Services Department DATE: March 6, 2007 TO: Mayor and City Council FROM: Don Penman, Assistant City Man ger/Development Services Director~ Philip A. Wray, City Engineer~~hV~ Prepared by.~ Rafael Fajardo, Assisfant Engineer SUBJECT: RECOMMENDATION TO ADOPT RESOLUTION NO. 6559 OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONSENTING TO ESTABLISHING UNDER THE JURISDICTION OF THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY CERTAIN PORTIONS OF COLORADO BOULEVARD, AND HUNTINGTON DRIVE AND SECOND AVENUE, AS PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES SUMMARY The County of Los Angeles has been working with Caltrans to coordinate the retrofit of all non-state highway seismically deficient bridges in Los Angeles County to current seismic structural standards. State guidelines provide for the State to reimburse local agencies for the cost of each project. There is a local match requirement for the construction of these improvements. Two railroad-crossing bridges in Arcadia, one at Colorado Boulevard west of Santa Anita and the other at Huntington Drive and Second Avenue, are in need of seismic retrofit and are eligible under this program. The County is prepared to proceed with the retrofit project and will be responsible for the local match requirements. In order for them to proceed, they have asked the City to adopt a resolution establishing the street right-of-way under the bridges as part of the system of highways of the County of Los Angeles. Staff recommends adoption of the resolution. BACKGROUND There are more that 12,000 bridges in the California State Highway System, plus an additional 11,500 city and county bridges. Each bridge is inspected at least once every two years. Since the 1971 Sylmar earthquake struck the Los Angeles Area, Caltrans, in coordination with the regional agencies, has been engaged in an ongoing bridge seismic safety retrofit program. Staff Report March 6, 2007. Page 2 There are a total of 1,234 local bridges statewide in the Local Bridge Program. The California Streets and Highways Code designates the County of Los Angeles as the lead agency for the Local Bridge Program in this area. The County is responsible for inspecting and assessing the need for seismic retrofit work. The program is funded with state funds with a requirement for local match. The Los Angeles County Department of Public Works has been working with Caltrans and the local agencies to retrofit all non- state highways seismically deficient bridges in Los Angeles County. The County has identified two railroad-crossing bridges in Arcadia that are in need of seismic retrofit, one at Colorado Boulevard west of Santa Anita Avenue and the other at Huntington Drive and Second Avenue. Both are eligible for funding under this program. DISCUSSION The County is prepared to proceed with the retrofit project and will be responsible for the local match requirements. In order for them to proceed, they have asked the City to adopt a resolution establishing the street right-of-way under the bridges as part of the system of highways of the County of Los Angeles. Staff recommends adoption of Resolution No. 6559 by the City Council consenting to establishing portions of Colorado Boulevard and Huntington Drive and Second Avenue under the Southern California Regional Rail Authority owned bridges, as part of the system of highways of the County of Los Angeles. FISCAL IMPACT The adoption of the resolution establishing portions of the regional rail authority under the Southern California Regional Rail Authority will have no fiscal impact on the City of Arcadia. RECOMMENDATION That the City Council adopts Resolution No. 6559 establishing portions of the regional rail authority, and Colorado Boulevard under the Southern California Regional Rail Authority, and Huntington Drive and Second Avenue under the Southern California Regional Rail Authority within the City as part of the system of highways of the County of Los Angeles. Approved By: ,~""°-v-""J William R. Kelly City Manager r DP:PAW:RF:pa Attachments: Resolution No. 6559 Map of Project Area RESOLUTION NO. 6559 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONSENTING TO ESTABLISHING UNDER THE JURISDICTION OF THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY CERTAIN PORTIONS OF COLORADO BOULEVARD, AND HUNTINGTON DRIVE AND SECOND AVENUE, AS PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES WHEREAS, the Board of Supervisors did on October 29, 2002, duly adopt a Resolution declaring the portions of Colorado Boulevard under the Southern California Regional Rail Authority (SCRRA), and Huntington Drive and Second Avenue under the Southern California Regional Rail Authority (SCRRA), to be a part of the System of Highways of the County of Los Angeles, as provided in Section 1700 to 1704 inclusive of the Streets and Highways Code of the State of California, for the limited purpose of perForming a seismic safety retrofit of the bridges at the aforementioned locations; and WHEREAS, said Board of Supervisors by said Resolution requested this City Council to give its consent to allow the County to perForm the above-described improvements within said portions of Colorado Boulevard under the SCRRA and Huntington Drive and Second Avenue under the Southern California Regional Rail Authority, described above; and WHEREAS, pursuant to the California Environmental Quality Act guidelines, the Secretary of Resources designated this type of project as statutorily exempt. NOW, THEREFORE, THE CITY OF ARCADIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. Consent to Inclusion in Countv Hiqhwav Svstem. The City Council does hereby consent to the establishment of the portions of Colorado Boulevard under the SCRRA, and Huntington Drive and Second Avenue under the SCRRA, as part of the System of Highways of the County of Los Angeles as provided in Sections 1700 to 1704 inclusive of the Streets and Highways Code of the State of California, for the limited purpose of performing a seismic safety retrofit of the bridges at the aforementioned locations. SECTION 2. Indemnification. The City of Arcadia shall fully indemnify, defend, and hold the County of Los Angeles harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) or damage occurring by reason of any roadway condition existing prior to the start of construction by the County or following the completion and field acceptance of said construction. SECTION 3. Roadwav Maintenance. That the work to be performed by the County shall not include roadway maintenance activities on the streets listed herein prior to start of construction by the County or following the completion and field acceptance of said construction. The City of Arcadia shall be responsible for all roadway maintenance activities except during the construction of improvement by the County. SECTION 4. Findinq of Statutorv Exemqtion. The City Council does hereby find that the project is categorically exempt from the requirements of the California Environmental Quality Act. SECTION 5. Findinq of a Minor Nature. The City Council does hereby find that pursuant to Government Code Section 65402 (b), the aforesaid street improvements are of a minor nature and, therefore, the provisions of said Section requiring the submission to and report upon said project by the City Planning Commission do not apply. SECTION 6. 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 ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: --!'' / . Stephen Deitsch, City Attorney RESOLUTION NO. 6559 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONSENTING TO ESTABLISHING UNDER THE JURISDICTION OF THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY CERTAIN PORTIONS OF COLORADO BOULEVARD, AND HUNTINGTON DRIVE AND SECOND AVENUE, AS PART OF THE SYSTEM OF HIGHWAYS OF THE COUNTY OF LOS ANGELES WHEREAS, the Board of Supervisors did on October 29, 2002, duly adopt a Resolution declaring the portions of Colorado Boulevard under the Southern California Regional Rail Authority (SCRRA), and Huntington Drive and Second Avenue under the Southern California Regional Rail Authority (SCRRA), to be a part of the System of Highways of the County of Los Angeles, as provided in Section 1700 to 1704 inclusive of the Streets and Highways Code of the State of California, for the limited purpose of performing a seismic safety retrofit of the bridges at the aforementioned locations; and WHEREAS, said Board of Supervisors by said Resolution requested this City Council to give its consent to allow the County to perform the above-described improvements within said portions of Colorado Boulevard under the SCRRA and Huntington Drive and Second Avenue under the Southern California Regional Rail Authority, described above; and WHEREAS, pursuant to the California Environmental Quality Act guidelines, the Secretary of Resources designated this type of project as statutorily exempt. NOW, THEREFORE, THE CITY OF ARCADIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: + SECTION 1. Consent to Inclusion in Countv Hiqhwav System. The City Council does hereby consent to the establishment of the portions of Colorado Boulevard under the SCRRA, and Huntington Drive and Second Avenue under the SCRRA, as part of -the System of Highways of the County of Los Angeles as provided in Sections 1700 to 1704 inclusive of the Streets and Highways Code of the State of California, for the limited purpose of performing a seismic safety retrofit of the bridges at the aforementioned locations. SECTION 2. Indemnification. The City of Arcadia shall fully indemnify, defend, and hoid the County of Los Angeles harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) or damage occurring by reason of any roadway condition existing prior to the start of construction by the County or following the completion and field acceptance of said construction. SECTION 3. Roadwav Maintenance. That the work to be perFormed by the County shall not include roadway maintenance activities on the streets listed herein prior to start of construction by the County or foliowing the completion and field acceptance of said construction. The City of Arcadia shall be responsible for all roadway maintenance activities except during the construction of improvement by the County. SECTION 4. Findinq of Statutorv Exemption. The City Council does hereby find that the project is categorically exempt from the requirements of the California Environmental Quality Act. 2 6559 + SECTION 5. Findinq of a Minor Nature. The City Council does hereby find that pursuant to Government Code Section 65402 (b), the aforesaid street improvements are of a minor nature and, therefore, the provisions of said Section requiring the submission to and report upon said project by the City Planning Commission do not apply. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 6th day of March 2007. lSl ROCER CH~NDLER Mayor of the City of Arcadia ATTEST: /S/ J~MES H. ~ARRO~S City Clerk of the City of Arcadia APPROVED AS TO FORM: ~~'Zn~ ~. I(~-E'~.,~"'~ Stephen Deitsch, City Attorney 3 6559 + STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6559 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 6th day of March, 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 ISI ~A~ES H. RARROW~ City Clerk of the City of Arcadia 4 6559 ~ ~ , ~. ,MC~RpOAAS~9~,00~ STAFF REPORT Administrative 5ervices Department DATE: March 6, 2007 TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Direct~ Prepared by Shannon Huang, Financial Services nagedCity Treasurer~ SUBJECT: Recommendation: Approve SUMMARY The City periodically solicits proposals for iYs banking services including maintenance of a general checking account for operations, a payroll account through which personnel costs are paid and a deposit account for credit card payments. The objective of soliciting for services is to offer the banking community an opportunity to provide services to the City and to insure the City receives banking services at the most competitive prices. In June, Request fot Proposals were mailed to financial institutions that have branches within the City's corporate boundaries. Seven proposals were received and evaluated by City staff. Bank of the WesYs proposal has been determined to be the most competitive primarily because of the monthly charges for services, the earnings rate on balances, and a guaranteed price structure for a period of 5 years. In order to insure the City receives banking services at the most competitive price, the City requests proposals for banking services every five years. It has been determined that due to the time, effort, and costs associated with changing banks, a 5-year cycle is the most efficient and cost effective. In June, a total of 27 financial institutions that have branches within the City's corporate boundaries were solicited for proposals. The Request for Proposal was also posted on City's website. Mayor and City Council November 7, 2006 Page 2 Scope of services includes maintenance of three checking accounts: a general account for operations, a payroll account through which personnel costs are paid~and a credit card payment account. The primary services required by the City include acceptance of daily deposits, processing paid items, direct deposit capabilities for payroll, electronic funds transfers for water utility accounts, wire transfers, payment of state and federal taxes electronically. The level of capitalization and financial health of the institution are also a critical part of the proposal process. The City received proposals from the following institutions: East West Bank Wells Fargo Bank Bank of the West Bank of America CitiBank HSBC Bank Citizens Business Bank It was determined that all of the above institutions could adequately provide the services requested. In evaluating costs for services, three factors are significant: 1} Total Monthly Charges, 2) Earnings Credit Rate (interest earned on balances), and 3) Length of guaranteed rate structure. Bank of the West provided the lowest monthly charge for services, a competitive earnings credit rate and a five year guaranteed rate structure. The financial strength of this institution met the City's expectations. FISCAL IMPACT The City will use compensating balances, to cover banking service charges, so monthly charges are mostly offset by interest earnings on account balances. The monthly rates proposed by Bank of the West are lower than the City's current provider. As a result, savings in banking service costs are anticipated in current fiscal year. RECOMMENDATION It is recommended that the City Council authorize the City Manager to enter into a contract with Bank of the West for the City's banking services. Approved: -~=J William R. Kelly; City Manager TLH:sh OF ARC ~ . ~ . GPLIFO ~Gq . ~..o.o...~m e.eo~eJ~o3 ~ '~ua10y~f~o~`` STAFF REPORT Police Deparrinent DATE: March 6, 2007 TO: Mayor and Members of the City Councii FROM: Robert P. Sandetson, Chief of Police~ By: Nancy Chik, Management Analys~ SUBJECT: Authorize the Citv Manaqer to Enter Into a Professional Services Aareement with Jan's Towinq, Inc. for Official Police Garaqe Storaqe and Tow Service from April 8, 2007, to Aaril 7, 2010 Recommendation: Approve SUMMARY G& S Towing is the City's current official police garage storage and tow service, and their contract will expire on April 7, 2007. Even though G& S Towing has provided adequate towing and storage services for the City for over 30 years, a request for proposal was sent out in November of 2006 because the Police Department wanted to see what other tow services offered and to find the best tow service for the community. Additionally, per the Ciry's purchasing guidelines, the City cannot restrict the contract to tow companies located within the City limits. On December 14, 2006, four tow companies submitted proposals, and one proposal was deemed unresponsive because the proposal was incomplete. A staff committee conducted oral interviews, reference checks, and site visits of the three viable tow companies, and the committee found Jan's Towing, Inc. to be the most qualified and best suited for the City. Staff recommends that the City Manager enter into a three year contract with Jan's Towing, with the option to renew on a year-to-year basis not to exceed three additional one-year periods. DISCUSSION The City has contracted with G& S Towing for over 30 years, and the company has provided adequate senrice during that period. It has been the long-term understanding that their response time for service requests will be between 15 to 20 minutes. For routine requests, it has also been their standard response that their estimated time of arrival will be 20 minutes. However, over the past few years, the Police Department had issues with their response time being longer than 20 minutes. In 2005, Captain Randy Kirby informed Gale King, president and owner of G& S, of the response time issue and he said that it would be resolved. However, on occasion, G& S still has not been able to meet the specified response time. An informal survey was conducted for a 2 month period, and there were 9 occasions where G& S took longer than 20 minutes to respond to a tow request. In one instance, an on-duty traffic sergeant had to wait over an hour and a half for a tow truck when he had a flat tire on his police motorcycle in La Verne. Even though G 8 S has provided adequate service, it did not appear that the Police Department had priority over other tow requests. Besides the problem with their response time, G& S Towing no longer provides a 24- hour dispatch service. In the evenings, an answering service is taking all their calls and then dispatching the unit. Additionally, only one unit is in-service during the evening hours, but more units will be dispatched should the need arise. ~ G& S also does not own any heavy-duty tow trucks and contracts with a Los Angeles company for heavy tows. In such cases, it generally takes over an hour for a heavy tow truck to arrive at the scene. G& S Towing maintains an office in the City; however, their main storage lot is located at 855 Alpha Street in Irwindale. No staff member is stationed at the lot, and arrangements must be made in advance in order for citizens to obtain their vehicles. In the evenings, the one on-duty tow unit must respond to the storage yard for vehicle releases. If that tow driver is busy, then the clieM must generally wait until the driver is available. In addition to the aforementioned concerns, G& S also received a poor evaluation from Wes~eld mall management. They indicated that G& S was not responsive to their needs and requests. Since the tow contract expires this year, the Police Department felt that it would be a good opportunity to see if another tow company could provide a better service to the City. In addition, the Purchasing O~cer advised that the City cannot restrict tow companies to be within the City limits and must seek proposals from other interested nearby tow companies. The purchasing guidelines also states that local vendor and convenience, unless it is cost effective and in the best interest of the City to do so, will not be acceptable reasons for awarding a bid to other than the lowest responsive, responsible bidder. Request for Proposal was sent to seven tow companies, and four proposals were received. The proposal specified that the tow companies must be within a five-mile radius from Arcadia's City limits. The proposals were evaluated by a committee comprised of six staff members from Police, Fire, Public Works, and Purchasing. The proposals were evaluated by staff according to experience, references, and quality of proposal. A proposal from Ultimate Auto, located in Glendale, was rejected because the proposal was incomplete. The other three companies were requested to come for an oral interview for further consideration. On January 16, 2007, oral interviews were conducted with the three tow companies. After the interview process, Police committee members visited the three locations to check out the sites. After the site visits and reference checks, the committee rated the companies as follows: RANK TOW COMPANY LOCATION 1 Jan's Towing, Inc. 1045 W. Kirkwall, Azusa 2 Freddie Macs, inc. 2740 N. Bruin, South EI Monte 3 G& S Towing 330 N. First, Arcadia Some of the reasons given by the committee members on their selection include: response time, type of service, office and storage location, hours of operation, security of office/storage facility, office setting, willingness to work with City, and community involvement. Jan's Towing has been in the towing service for 25 years. They currently have contracts with Azusa, Covina, Glendora, Irvvindale, San Dimas and Temple City Sheriffs Departments, and Altadena and Baldwin Park Califomia Highway Patrol. Reference checks were made, and the contract cities praised Jan's services. Even though Jan's already have contracts with many agencies, they still have the ability to provide excellent service. They will be purchasing additional tow trucks and are willing to hire more personnel should the need arise. In order to meet the 20-minute response time, Jan's Towing will have two roaming tow trucks within the City limits at all time. They anticipate a 10-minute response time for all senrice requests. Jan's also has every type of tow truck available, from light to heavy- duty, and will always have at least one Class 1 driver available 24/7. Additionally, their heavy tow trucks are onsite and are not leased or rented out to other agencies. Jan's also has an ADA equipped vehicle that is used to pick-up and drop-off handicapped individuals. They have an emergency response unit that is outfitted with cones, lights, signs, and other equipment that can be used for various incidents. They have portable generators, motorcycle tow, off-road recovery equipment, and over-the- side equipment. Contract cities are allowed to use Jan's equipment free of charge. Though Jan's Towing is located in Azusa, it is a relatively quick drive to the location. They are located 4.6 miles from the City limits. Their office and storage lot are located a short distance from the G& S storage lot on Alpha Street. Jan's also has a secondary storage lot in Glendora, but none of the cars that are towed from Arcadia will be stored at that location. Jan's has the most organized evidence storage bays and equipment storage areas out of the three tow companies. Their storage site is very secure, with proper fencing and lighting. Jan's is the only tow company with a security guard onsite 24/7. They have live cameras at all their locations and are monitored by dispatch at all times. Jan's a~so has staff available to answer service request calls 24/7. Out of the three sites visited, Jan's is the only one that offered a nice office setting with a waiting area that contained sofas for the cfientele. Freddie Mac had a small waiting area, with no chairs, outside the dispatch area. The waiting area for G& S is located inside the garage area and it consisted of picnic-style bench/table. An added bonus with Jan's Towing is their in~olvement with the community. Even though it was not a criteria used during the selection process, all the committee members were impressed with Jan's philosophy of helping people in need and being involved in the community. They started the Tipsy Tow Program, which offers free rides and tow services for drinking drivers, and they are always involved in community fundraising efforts. Jan's also provides all sorts of extra services and offers the use of their equipment. As defined in the:agreement, the towing and storage fees for Jan's Towing will be consistent with rates set by the Califomia Highway Patrol, which is the current p~actice with G& S Towing. Jan's will tow al~ City vehicles free of charge. Additionally, as part of the new agreement, Jan's Towing will pay the City a franchise fee of $35.00 for each vehicle stored or impounded by order of the City; however, this does not include private person tow requests such as AAA or junked vehicles with a value of $300 or less. Apparently, a majority of municipalfties charge a franchise fee for tows; however, G& S was never charged such a fee. Staff believes that Jan's Towing is the most qualified and will offer the best service to the community and recommends that the City Manager enter into a professional services agreement for three years, with the option to renew on an year-to-year basis not to exceed three additiona~ one-year periods. FISCAI: IMPACT Impound and storage fees are paid for by vehicles' owners. The City impounds approximately 1,000 vehicles per year; therefore, the City could receive $35,400 in franchise fees. RECOMMENDATION Autfiorize the City Manager to enter into a professional services agreement with Jan's Towing, Inc. for official police garage storage and tow service from April 8, 2007, to April 7, 2010. Approved: U~~ William R. Kelly, City Manager <<~.~ h , AuY~~ife~~e~ \ ~ STAFF REPORT Development Services Department DATE: March 6, 2007 TO: Mayor and City Council FROM: Don Penman, Assistant City ManagedDevelopment Services Director~ Philip A. Wray, City Engineer~~~~ SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT WITH LOS ANGELES COUNTY FOR THE MODIFICATIONS OF THE TRAFFIC SIGNAL AT MICHILLINDA BOULEVARD AND SUNSET BOULEVARD/CALIFORNIA BOULEVARD INTERSECTION SUMMARY In 2004, the City of Arcadia was approached by the County of Los Angeles to make modifications to the traffic signal at the intersection of Michillinda Boulevard and Sunset Boulevard/California Boulevard to add a left turn phase in the north/south direction. Because the intersection is partially within the City of Arcadia and partially within the unincorporated County of Los Angeles, the two jurisdictions share the cost of maintenance and operations. The project was included in the City's adopted FY 2005/06 Capital Improvement Program budget with a budget of $37,500. The County is now prepared to proceed with the project and has requested the City to enter into a Cooperative Agreement for the work. Staff recommends the approval of the Cooperative agreement. BACKGROUND Traffic accidents have been on the rise over the past few years at the intersection of Michillinda Boulevard and Sunset Boulevard/California Boulevard involving north/south left turns. In 2004, the County of Los Angeles approached the City with a request to add a protective/permissive left turn phase in the north/south direction. The County provided the City with a total estimate of $99,Q00 and the City's share of $37,500. The project was included in the City's adopted FY 2005/06 Capital Improvement Program budget. Staff Report March 6, 2007 Page 2 Subsequent to the City's actions, the County secured a State Hazard Elimination Safety (HES) grant to offset a portion of the signal cost. DISCUSSION The County is now prepared to proceed with the project and has requested the City to enter into a Cooperative Agreement for the work. The Agreement specifies that the County will take full responsibility for the design and construction administration and that they will also administer the grant funding. The Agreement also specifies that the City's portion of the intersection will become part of the County system of streets and highways for the duration of this project to allow the County to have jurisdiction over the construction. With the addition of the State HES grant funds, the City's share has been reduced to approximately $4,000. The final amount will be determined upon project completion. FISCAL IMPACT The fiscal impact of this project to the City of Arcadia is approximately $4,000. Sufficient funds have been budgeted in the adopted FY 2005/06 Capital Improvement Program to cover this project. RECOMMENDATION That the City Council authorize the City Manager to enter into a Cooperative Agreement with Los Angeles County for the modifications of the traffic signal at Michillinda Boulevard and Sunset Boulevard/California Boulevard intersection. Approved By: ""~v°`~ William R. Kelly City Manager DP:PAW:pa ~~ ~..~...u. .~,.,.. ~m~ahy~otN°m~' STAFF REPORT Public Works Services Department DATE: March 6, 2007 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Direct r ~' Prepared by: Tom Tait, Deputy Public Works Servi es Director Dave McVey, General Services Superintendent SUBJECT: SUMMARY On February 13, 2007, the Arcadia Planning Commission adopted Resolution No. 1753, which granted a Conditional Use Permit and an Architectural Design Review for two (2) wireless telecommunication facilities to be installed by Omnipoint Communications (T- Mobile). The first facility is behind the Arcadia Community Center building at 375 Campus Drive. The second is located at the Longley Water Well Facility at 2401 EI Monte Avenue. Staff recommends that the City Council accept the communication site lease agreements between the City and Omnipoint Communications, Inc. for locations behind the Arcadia Community Center Building at 375 Campus Drive and the Longley Water Well Facility at 2401 EI Monte Avenue. DISCUSSION The Community Center and the Longley Water Well site have small portions of City- owned land that can be utilized by T-Mobile for wireless communication facilities. T- Mobile will lease approximately 486 square feet at the Community Center, which includes a 342 square foot enclosure and a 50 foot high mono-pine pole, with fake pine needles and trunk painted to resemble a live Pine tree. Storage space at the Community Center is in limited supply and therefore staff felt compelled to ask T-Mobile if they would build storage building for the City as part of their project. Staff negotiated a 300 square foot storage building to be built by T-Mobile, separate from the wireless communication'leased area, which wiil be used by Recreation and Community Services Department. Additionally; T-Mobile will lease 844 square feet at the Longley Water Well, which includes a block wall that will be built around the wireless communications equipment. A full enclosure would not be compatible at this location therefore; it was not included in the design. There will be a fifty foot high mono-pine pole, with fake pine needles and trunk painted to resemble a live Pine tree as part of the project. The term of both leases will be five (5) years with fifteen (15) percent CPI adjustments for each succeeding five (5) year extension. Each wireless communication site will generate $12,000 annually during the first five (5) year agreement. Staff negotiated the price based on a survey of wireless communication leases with surrounding cities. On February 13, 2007, the Planning Commission approved the use and construction of the wireless communication facilities. $taff is recommending that the City Council accept the communication site lease agreements between the City and Omnipoint Communications, Inc. for locations behind the Arcadia Community Center Building at 375 Campus Drive and the Longley Water Well Facility at 2401 EI Monte Avenue. FISCAL IMPACT There is no fiscal impact. RECOMMENDATION Accept two (2) Communications Site Lease Agreements between the City and Omnipoint.Communications, Inc. for, Site locations behind the Arcadia Community Center Building at 375 Campus Drive and the Longley Water Well Facility at 2401 EI Monte Avenue 2. Authorize the City Manager to execute a contract.in a form'approved by the City Attomey. APPROVED: ~~~~ William R. Kelly, City Manager PM:TT:DM:mn 3 . c~ , U' y o~<...rv..~~e n....~ s, Co~~V ~1ty ~~t,a~`e S TAFF REP ORT Administrative Services Department DATE: March 6, 2007 TO: Mayor and City Council FROM: Tracey L, Hause, Administrative Services Direct~ SUBJECT: 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 regarding 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 porlfolio 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 California'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 ferms 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 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 porlfolio 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 all 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 could 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. The scope of services include ^ Developing an investment strategy consistent with the written investment objectives, risk tolerance, rations, and restrictions and limitations for the funds as set fo~th in the City's Investment Policy. • Making recommendations for changes to the Investment Policy. ^ Recommending a list of brokers, dealers and issuers to be approved by the City for transactions involving the portfolio. • Providing the City with both pre-sales and post sales analysis of all major account activity, including risk analysis. ^ Preparing quarterly and annual investment performance report. All performance reports shall include a statement by MBIA that all investments of the City funds in the period covered by the report 2 . __ .; mm;,,..t . . were in compliance with the Investment Policy and with applicable law. As is now, staff will continue to report all investment activity to the City Council on a monthly basis. ^ Reporting as needed at meetings of the City Council. ^ Accounting for and reporting investment activity showing additions, fees, deductions, realized and unrealized gains and total balances, including the perFormance of the investments in relationship to any relevant benchmarks. The agreement proposed does not impose a specific term but staff and at least one Council member will conduct an annual review of the portfolio's performance. After that review, a formal recommendation will come forward annually to the City Council for direction to either continue services with MBIA or consider other alternatives. The City has the ability to terminate the agreement with or without cause by giving written notice to MBIA no less than thirty (30) days prior to the requested termination date. 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: Assets Annual Fee Up to and including the first $20 million 10 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 3 M E ~ a a~i '3 ~ v ~ m ~a '° m ?~ m o ~ a° ¢ a e . '` ~ Fi m } N 'm N - c ~ 'dm E ~n ~ d ~ ~ m E v j y U ~ y ~ w T = ¢ L Q N ~ a U m °' t~ ~ °~ o R ~ Y y e ~ ~ ~ m E~ m ~ o c N t . E m > N ~ a ~ d ~ E s N Z ~ - H O y Q o ~ rn ~ ~ U C G y C d Q m ` ~ o ~ ~ 'ao N a m ~ E m > ° .19. y H C N ~L _ O N ~j O m m d m ~ .V U O L ~ E ~ ~, ~ O U ~ ' (n O fC0 ~ N C y N /~ L C m T ` ~ ~/1 C ~ y 11') m C ..~. y p ~ ~ y Y A ~ ~ M d ~ ~ M N ~ ~ C ~ ~ ~ ~ T Z ~ O y~ M N ~ p 6 w N ~ U ~ ~n c~ m c ~ o ~ ~ ~ m € y ~ C N « C N 41 ~ C = C m rn ~i a y ~ E N Eo H aie`~ ~ 0 m U ~ d ~ ~ d ~ ~ ~(` ~ ~ U C f E M O ~ d Nl A € m ~ E ~ i° ~ °~ z aau 3 ~ '~ ~m aDa y o ` ~ C~ U C N C m ~ _ ~ a ~ €. a H E ~ m ~ y `o y ~ N T N ;~S ~ ~E L> N > « f0 ~ ? GI ~ ~ U ~ ~ ~ L> 'U > Q V C 7 C C 'O C ~1 d Y U~ F~p N d in F i d 2~ ~ ~ m~ v~ ' 0 • 0 0 K ~" ~ o ~ ~}d ~m o 0 ~ y 0 0 o m o oE oo°~o a a O. U . U a H a a U U