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HomeMy WebLinkAboutFebruary 18, 2003oa~/~~2003 ,' , ~ C~ r~i /~JU 1~5 45:001 CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK MINUTES CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING February 18, 2003 The City Council and Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, February 18, 2003 at 6:00 p.m. in the Development Services Department Conference Room, 240 West Huntington Drive.. ROLL CALL PRESENT. Council/Agency Members Chang, Kovaciq Segal, W uo and Marshali ABSENT: None AUDIENCE PARTICIPATION None. OPEN SESSION 1a PREGNANCY The City Council discussed one specific location, which was advertised in a newspaper as a I-IOMES pregnancy home in the City of Arcadia. Staff noted thaEthis kind of use in R-0 and R-1 zones is illegal and suggested different courses of action. City Manager Kelly stated in part that, the goal is to discourage these kinds of activities in the City. A City ordinance in place would aliow the City to prevent this kind of activity by use of the code enforcement process. In response to a Council question staff noted that the City code allows boarding homes in R-2, R- 3 and.C-O zones with a Conditional Use Permit. This appears to be conclusive to a pregnancy home. Following discussion the Council decided to deal with this issue step. by step. The first step should be issuance of a citation, and if the business is still active after a certain time, the second step will be for City Attorney to take legal action. 1b. FREEWAY Donald Penman, Assistant City Manager/Development Services Director, presented a brief SOUNDWAI.IS& update on the 210 freeway soundwalls through Arcadia and a graphic program. Previously the GRAPHIC . Council directed staff to use a combination of vegetation, such as vines, to camouflage these PROG. . , soundwalls and simple designs for the City's freeway approaches to the west and east, to identify (Peaoocic& the community. Staff noted that Caltrans will incorporete vegetation as a standard design feature f~faseTt~erne) to help mitigate freeway graffiti. Staff shared graphics of identification designs for Council's consideration. It was noted that Caltrans would not maintain a soundwall that is over 16-feet high. Caltrans will maintain the basic soundwall and vegetation, and the City will be responsible for maintenance and repair of anq artwork designs. Four (4) designs were presented, two (2) horse themes and two (2) LASER INIAGED:3 2„$,03 1~_..~._.... ..• 45:002 peacock themes: The City Council selected one image from each theme. It was suggested to have designs identifying the City in multiple locations on freeway off-ramps and on-ramps based upon visibility. Each desigrr plate or mold will cost approximately $5,000. Mayor Marshall suggested asking Santa Anita Race Track for a contribution to fund the identification designs with the horse theme. Following discussion, the Ciry Council directed staff to-provide a cost analysis for both the peacock and the horse theme as the City's identification signs.in multiple locations on freeway off-ramps and on-ramps. The City Council RECESSED at 6:47 p.m. and RECONVENED in the Council Chambers for the Regular Meeting at 7:00 p.m. INVOCATION Monsignor Norman Priebe, Holy Angels Catfiolic Church PLEDGE OF Robert Hoherd , ALLEGIANCE ROLL CALL PRESENT: Councilmembers Chang, Kovacic, Segal, Wuo and Marshall ABSENT: None - 2 ORD. & RES READ BY TITLE ONLY SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA,ITEMS None, It was MOVED by Councilmember Segal, seconded by.Mayor Pro tem Chang and CARRIED that ordinances and resolutions be read by title only and that the reading in full be WAIVED. AYES; Councilmembers Chang, Kovacic, Segal, Wuo and Marshall NOES: None ABSENT: None 3. WEST NILE San Gabriel Valley Mosquito and Vector Control District, Education Specialist, Kelly Middleton, VIRUS presented an historic overview of the organization, stating in part that, the organization serves ' PRESENTATION (y,renty-three cities plus county areas. Services are primarily geared at mosquito and vector (S.G. Valley control. By definition; vector is an insect or an animal that can transmit disease and cause Mosquito and : signiFicant discomfort, i.e. bees and rats. Vector Control District) The West Nile Virus was discussed. It was noted that the San Gabriel Valley Mosquito and Vector Control District has been preparing for this virus since the year 2000. The goal is to provide information to the residents and cities in order to reduce the risk of virus attack. The West Nile Virus is primarily a virus of wild birds, spread by mosquitoes. Unfortunately humans and other animals can get into that loop and can become sick by.this virus also. In 2000 there were over 4000 human cases of West Nile Virus in the United States. City Manager Keliy referred to a letter from Santa Anita Race Track, confirming their awareness of the West Nile Virus issue. They are working to eliminate standing water after rain-fall as well as encouraging the owners and breeders of horses to obtain appropriate vaccine. 2 2/18/03 4a ORDINANCE Consideration of the report and recommendation to adopt' Ordinance No. 2171 entitled: "AN N0. 2171 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING (LosAngeles . SECTION 5600 OF 7'HE ARCADIA MUNICIPAL CODE, ADOFTING BY REFERENCE THE County Health LOS ANGELES COUNTY'NEALTH CODE AND REPEALING ALL OTHER ORDINANCES OR Code) . PORTIONS OF ORDINANCES IN CONFLICT THEREWITH:' - (ADOPTED) ~ ~' At the January 21, 2003 City Council meeting the Council introduced Ordinance No. 2171, which adopted by reference the Los Angeles County Health Code and ~epealed all other ordinances or portions of ordinances in conflict therewith. One of the significant resuRs of adopting Ordinance No. 2171 is that it will require Arcadia food establishments to post grade cards assigned to them by the County Health Department. , Mayor Marshall OPENED.the public hearing. Peter Ulrich, 618 Fairview Avenue, commended the Council focbringing forward Ordinance No 2171 which will require posting of restaurant grades. ~t was noted that there are 327 food estatilishments in Arcadia of which 75% received "A" grades, 20°/a got 'B" grades and 4% "C" grades. There was one restaurant below the "C" grade, which was closed in the last three months. He felt this would be a service to the community. Terrence Powell, County Health Department, responded to a Councif question and explained in detail the restaurant grading procedures. It was noted that the County Health Department is fully in charge of posting andremoving the grade cards. ` Mayor Marshall CLOSED the Public Hearing. It was MOVED by Councilmember Kovacic, seconded by Councilmember Segal and CARRIED on roll call vote as follows to ADOPT ORDINANCE NO. 2t71 entitled: "AN ORDINANCE OF TkE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 5600 OF THE ARCADIA MUNICIPAL CODE, ADOPTING BY REFERENCE THE LOS ANGELES COUNTY HEALTH CODE AND REPEALING ALL OTHER ORDINANCES OR' PORTIONS OF ORDINANCES IN CONFLICT THEREWITH; and, INCLUDING 7HE MANDATORY POSTING OF GRADE SCORE CARDS" AYES: Councilmembers Chang, Kovacic, Segal, Wuo and Marshall NOES: None ~ ABSENT: None ~ 4b. RESOLUTION Consideration of the report and recommendation to adopt Resolution No. 6331 entitled: "A N0.6331 RESOWTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA (Viciousand,; ESTABLISHING A VICIOUS AND DANGEROUS DOG DESIGNATION FEE PURSUANT TO Dangerous Dog ORDINANCE NO. 2157"' Designation Fee) On January 7, 2003 the City Council adopted a new ordinance adding a new division to the (ADOPTED) Arcadia Municipai Code regarding vicious and potentially dangerous dogs. The City Council authorized that a fee be established. This designation fee is in addition to the regularJicensing fee to provide for the increased cost of maintaining records of vicious and dangerous dogs. -The Police Departmenhand the Poundmaster have prepared a cost analysis and proposed a vicious and dangerous dog designation one time fee of $125.00 per dog: . 3 2/18/03 „ , _ 45:004 Mayor Marshall OPENED the public.hearing. No one came forward to address,the City Council and Mayor Marshall declared the Public Hearing Closed. It was MOVED by Mayor Pro tem Chang, seconded by Councilmember Segal and CARRIED'on roll call voteas follows'that RESOLUTION NO. 6331 be and it is hereby ADOPTE0. AYES: Councilmembers Chang, Kovacic, Segal, Wuo and Marshall NOES: None ABSENT: None _ AUDIENCE PARTICIPATION . Peter Youna, President, Arcadia Chamber of Commerce, announced that a Candidate Forum for the Arcadia Unified School District Candidates will be,held.in the Council Ghambers, March 12, 2003 et 630 p.m. He further invited everyone to attend a ceremony honoring the recipient of the ` "Arcadia Citizen of the Year Award", Mr. Don Fandry; March 29, 2003. Elizabeth Renfrew, President, First Avenue Middle School FTA, commented on' the achievements and programs which have taken place at First Avenue Middle School in her '. "WhaYs Right With Arcadia Kids" presentation. She invited everyone to attend the schools next . drama'production; which will be presented in the First Avenue Middle School Auditorium, on February 27 and 28, at 7:00 p:m. Jennifer Chana, Arcadia`resident and Arcadie High School student, spoke against the zoning regulations concerning corner lots. She felt that this new law will only affect small lots and the market value of small bts. ~ . City Manager Kelly stated in part that, staff is willing to meet with the owner and the architect of .'that particular property in order to address the issue. If they find that the property is too restrictive in size then the appropriate action for Ms. Chang to take at this point would be to file a. modification based upon a hardship. Staff felt that the new regulations will protect tfie majo~ity of - the community. 5. MATTERS FROM ELECTED OFFICIALS . KOVACIC Councilmember Kovacic thanked Elizabeth Renfrew, P~esident, First Avenue Middle School (Renfrew) PTA, for her presentation. (Centennial Councilmember Kovacic briefly discussed the statis of the Centennial Essay Program. There are Essays) over 120 essays that cover all kind of topics. He hopes that the editing and formatting process ' will be completed soon snd the centennial essays published by July 1, 2003. (Fandry) Mr. Kovacic expressed congratulations to Don Fandry for being selected as "Citizen ofthe Yea~' ' by the Arcadia Chamber of Commerce. (CrystalBall) Mr. Kovacic encouraged all Arcadians to attend the Methodist Hospital Annual Crystal Ball fundraising event and honor the hospital's selected "Citizen of the Year', Councilmember Mickey Segal. W UO Councilmember W uo congratulated Don Fandry for receiving the "Citizen of theYear Award". (Fandry) ~ 4 ~ 2l18103 45:005 (Citizen of the Councilmember Wuo also expressed congratulations to Mickey Segal for being selected as Year) , Citizen of the Year by the Methodist Hospital. ' (AHS Chinese Mr. Wuo attended the Arcadia High School Chinese Parents Booster Club's 10th anniversary on Parents - February 8, 2003. It was a wonderful event.' Booster Club) (Luncheon) Mr. Wuo attended an appreciation luncheon for Arcadia City employees sponsored tiy the Arcadia Chinese Association on February 14, 2003. SEGAL Councilmember Segal encouraged everyone to participate in the Arcadia High School Booster (Golf Club Annual Golf Toumament, March 24; 2003. There are 144 spots to play and there are not Toumament) many left. ' CHANG Mayor Pro tem Chang congratulated Don Fandry and Councilmember Segal for being selected (Fandry and at Citizens of the Year by the Arcadia Chamber of Commerce and the Methodist Hospital. Segaq (Middleton) Dc Chang expressed appreciation to Ms. Kelly Middleton for her presentation with Yegard to the ' West Nile Virus ' (AHS Chinese Dr. Chang attended the Arcadia High School Chinese Parents Booster Club, 10th Anniversary Parents . Celebration, February 8, 2003, at the Arcadia Community Center. This was a marvelous night Booste~ Club) and truly an intercultural event. , (Design • Dr. Chang would like to have an item on a future agenda with regard to the concept of having a Review) Citywide Design Review Board to take care of the design review for all construction p~ojects in the City. Council concurred. ~ MARSHALL Mayor Marshall thanked the speakers this evening for their input. (Speakers) (Birthday) Ms. Marshall wished Councilmember Wuo a HappyBirthday. ~' (Appreciation Dr. Chang thanked the Arcadia Chinese Association board and many volunteersfor the annual Luncheon) City Employees Appreciation Luncheon 'held on Friday February 14, .2003'at the Arcadia Community Center. ~ (Mr.'& Mrs. Dc Cheng congratulated Jim and Margaret Ba~rows for receiving the Community Service Award Barrows) for their numerous hours of volunteer service and contributions to the community. (Segal) Ms; Marshall congratulated Councilmember Segal for being selected as a"Citizen of the Year' by the Methodisf Hospital.. - (Grand Ms. Marshall commented on her trip to Ohio to visit her firstgranddaughtec !` Daughter) (Quote) Mayor MarshalF shared a saying "It is easier to leave ~angry words unspoken, than to mend a broken:heart those words have broken". . 5 2/18/03 . 45:006 6. THE CITY COUNCIL RECESSED TO ACT AS THE'ARCADIA REDEVELOPMENT AGENCY ROCL,CALC - PRESENT: Agency Members Chang, Kovacic, Segal, Wuo and Marshall ABSENT: None AUDIENCE PARTICIPATION None. 7. CONSENT ITEM 7a. MINUTES It was MOVED by Agency Member Segal, seconded by Agency Member Kovacic and CARRIED (Feb. 4 Reg. on roll call vote as follows to APPROVE the Minutes of the February 4, 2003 Regular Meeting. Mtg.) ~ ~ ~ . AYES; Agency Members Chang, Kovacic, Segal, Wuo and Marshall . NOES: None ABSENT: None ' ADJOURNMENT The meeting of the Arcadia Redevelopment Agency ADJOURNED to 5:30 p.m. on March 4, 2003 in the Development Services Department Conference Room. THE CITY COUNCIL RECONVENED 8. CONSENTITEMS 8a MINUTES ': APPROVED the Minutes of the February 4, 2003 Regular Meeting. (Feb.4,2003 - Reg. Mtg.) 8b. ORDINANCE ADOPTED ORDINANCE NO. 2173 entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE N0.2173 CITY OF ARCADIA, CALIFORNIA, AMENDING DIVISIOINS 1 AND 2 OF ARTICLE IX, (T.A.2002-004 CHAPTER 2, PART 5 OF'THE ARCADIA MUNICIPAL CODE REGARDING R-0 AND R-1 (R-0 and R-1 RESIDENI`IAL ZONES. (Text Amendment 2002-004). Zoning Regulations) Sc ACCEPT ACCEPTED the donation of software from the Bill & Melinda Gates Foundation U.S. Library DONATION Program (estimated fair market value: $5,513.40) ~ (Bill & Melinda Gates Found. - U.S.'Library Program) 8d. EQUIPMENT APPROVED the purchase of twenty (20) automated irrigation controllers and associated PURCHASE equipment in the amount of $121,744 from United Green Mark. (Auto. Irrigation Controllers - PW) 6 2118/03 45:007 8e. ` PROF. SVCS. AWARDED a Professional Services Agreement in the amount of $74,000 to Hunter-Kennedy AGREEMENT and'Associates, Inc. for the implementation of both the Municipal Storm Water NPDES and (Admin. & Industrial Waste Discharge Programs; and, AUTHORIZED the City Manager and City Clerk to Monitoring of EXECUTE a contract in a form approved by the City Attorney. NPDES & IW) 8f. ACCEPT ACCEPTED all work performed by Sequel Contractors, Inc. for the 2001-2002 Street WORK Rehabilitation and Utility Line Replacement project as complete; and, AUTHORIZED final (St, Rehab. & payment to be made in accordance with the'contract documents, subject to a retention of Utility Line $78,674.80. Replacement) ` , . In response to a Council'question staff stated in part, that relocation of two fire hydrants and installation of additional valves came up as a result of fire requirements that were not anticipated at the time this project was designed. 8g ACCEPT ACCEPTED the Landscape Improvements at Fire Station 107 as complete; and AUTHORIZED WORK staff to make thefinal 10% retention payment of $8,867.51 to DMA Contracting. (Landscape Imprvm't - Fire Stat. 107) 8h. 2004 MAYOR'S DESIGNATED .Council Member Sheng Chang as hostlMayor for the .20D4 Mayor's Prayer PRAYER Breakfast. BREAKFAST .' (Dr. Chang) Si: RESOWTION ADOTPED RESOLUTION NO. 6339 entitled: "A RESOLUTION OF THE CITY COUNCIL OF N0. 6339 THE CITY OF ARCADIA, CALIFORNIA, DECLARING THAT WEEDS GROWING UPON AND (Weed IN FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT UPON AND IN FRONT OF Abatement CERTAIN PRIVATE PROPERTY JN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING Program) ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF (PUBLIC HEARING MARCH 4, 2003) " THE PRECEDING CONSENT ITEMS 8a, b, c, d, e, f, g, h and i APPROVED ON MOTION BY COUNCILMEMBER KOVACIC, SECONDED BY COUNCILMEMBER SEGAL AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: Councilmembers Chang, Kovacic, Segal, Wuo and Marshall . NOES: None ABSENT: None ADJOURNMENT Councilmember Wuo adjourned the meeting in memory of Claire Arth, former member of the (In Memory of Sister City Commission and wife of former Mayor Bob Arth, her husband of 61 years. "Claire is Claire Arth) survived by her husband; her daughters Patty and Tina; her son Bob Jr.; four grandchildren; and four great-grandchildren. A graduate of UCLA, Claire remained active in the Alumni Association and recently helped organize her class's 60th reunion. Claire was a devoted mother and grandmother who demonstrated a life-long commitment to community service. Her many activities inciuded the PTA, scouting, Meals on Wheels, and the Assistance League of Arcadia. There are no services planned and the family has requested donations be made in her memory 2/18/03 to the Salvation Army." 45:0039 ADJOURNMEN7 Mayor Marshall adjoumed the meeting in memory of'Hall of Fame Jockey Johnny Longden who (In Memory of passed away at the age of 96, on his birthday, February 14, 2003. "In a long and successfui Johnny Longden) career, Joh~ny Longden finished with 6,032 victories. He was inducted into thoroughbred racing's Hall of Fame in 1956, eight years before he retired a winner in his last race at the age of 59. After his retirement as a jookey, he tumed his talents to training. He is the only individual ever to win the Kentucky Dertiy both as a rider and a trainer. Bili Shoemaker charecterized him as 'the greatest~competitor I ever rode against' Johnny Longden is survived by his wife, two children, and five grandchildren. Services are pending ', '. ADJOURNM~NT At 8:10.p.m, the Clty Council Regular.Meeting ADJOURNED to March 4, 2003 at 5:30 p.m. in the (March 4, 2003) Development Services Conference Room for a Regular Meeting to conduct the business of the City Councfl and Arcadia Redevelopment Agency and any Closed Session necessary to discuss personnel, litigation matters or evaluation of properties. ~~ June D. Alford, Clerk F 8 2/18/03 St~~ ',~r ~~70d~/S~~y~3 _ _.- ~ ~ ~ ~.~~e;~eol~d, C~vc~~ . ~ '°°~~r~~.Tn9-~°°° STAFF RBPORT Off'ice of the City Manager DATE: February 18, 2003 TO: Mayor and City Council . FROM: William R. Kelly, City Manager~ By: Linda Garcia, Comrriunica ions, Marketing and Special Projects Manager SUBJECT:" ORDINANCE NO. 2171, AN ORDINANGE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDINGSECTION 5600 OF THE ARCADIA MUNICIPAL CODE, ADOPTING BY REFERENCE THE LOS ANGELES COUNTY HEALTH CODE AND REPEALING ALL OTHER ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT THEREWITH Recommendation: Adopt SUMMARY The City of Arcadia utilizes the Los Angeles County Public Health Code as the "Health Code'' for the City. With this report, staff brings forward to the City Council Ordinance No. 2171 incorporating the rriost recent version of the Los Angeles County Public Health Code into the Arcadia Municipal Code, including the regulations mandating the posting of grade/score cards given by the County Health Department to food establishments. Ordinance No. 2171 is being processed similarly to other Uniform Codes. The Ordinance was introduced at the January 21, 2003 City Council meeting. Notice of tonighYs Public Hearing was published in the City of Arcadia's newspaper of record and publicized in other ways as well. After receiving public input, it is recommended that the City Council adopt Ordinance No. 2171. DISCUSSION On January 21, 2003 the City Council introduced Ordinance No. 2171, which adopts by reference the Los Angeles County Health Code and repeals all other ordinances or portions of ordinances in conflict therewith. One of the significant results of adopting Ordinance No. 2171 is that it will require Arcadia food establishments to post the grade cards assigned to them by the County Health Department. L~S~R IMAG~D ~~~~ P ~t. ~i ~. sp Mayor and City. Council - Ordinance No. 2171 February 18, 2003 Page 2 Attached for your reference is the January 21 staff report, which provides more detail on the ordinance and the posting of restaurant grade cards. In addition, at that meeting a representative from the County provided you with a package of information specifically about the grade card program. Ordinance No. 2171 is being processed similariy to other Uniform Codes. A notice of Public Hearing was published in the Arcadia Weeklv on. January 30 and February 6, 2003. Moreover, a press release concerning the Public Hearing was distributed to the local media, the A~cadia Chinese Business Association and the Arcadia Chinese Association, and the Chamber of Commerce was made aware that the subject would be on the City Council's January 21 and February 18, 2003 agendas for consideration. RECOMMENDATION _ It is recommended that the City Council adopt.Ordinance No. 2171, an ordinance of the City Council of the City of Arcadia, California, amending Section 5600 of the Arcadia Municipal Code, adopting by reference the Los Angeles County Health Code and repealing all other ordinances or portions of ordinances in conflict therewith. Attachment: Ordinance No. 2171 Staff Report dated January 21, 2003 Q~~~r~'rii 73Gf$J 1. STAFF REPORT Office of the City Manager DATE: January21,2003 TO: Mayor and City Council FROM: ` - William R. Kelly, City Manager~~.,~~ By: Linda Garcia,'Communica ions, ar eting and Special Projects Manager SUBJECT: ORDINANCE NO. 2171, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDINGSECTION 5600 OF THEARCADIA MUNICIPAL CODE, ADOPTING BY REFERENCE THE LOS ANGELES - , COUNTY HEALTH CODE AND REPEALING ALL OTHER ORDINANCES OR PORTIONS OF ORDINANCES W CONFLICT THEREW ITH Recommendation: I ntroduce SUMMARY The City of Arcadia utilizes the Los Angeles County Public Health Code as the "Health Code" for the City. With this report, staff brings forward tothe City Council an ordinance incorporating the most,recent version of the Los Angeles County Public Health Code into the Arcadia Municipal Code, including the regulations mandating the posting of grade/score cards given by the County Health Department to food establishments. BACKGROUND In December 1997 the Los Angeles County Board of Supervisors adopted a Restaurant Inspection and Grading Ordinance establishing grading and food handler certification requirements for food operations. Included in their ordinance was the creation of grade/score cards and posting regulations for said cards. In order for the posting regulations to be enforced within the independent cities of the County, each city had to formally adopt said regulations by way of an ordinance. Arcadia chose not to adopt such an ordinance because of problems with the evaluation criteria, timeliness of• re- inspections; consistency of inspections and the fact that the grades can be somewhat misleading because an establishment that gets an A grade today can actually be a B or C in two weeks and yet still post the A grade. Mayor and City Council - Ordinance No. 2171 January 21, 2003 Page 2 In response to feedback from~Arcadia and other area cities, the County revised the scoring system to give greater weight to those conditions and probiems that are most likely to be a risk to the health of the consumer. As an example, food temperature, adulterated food, employee practices, vermin, water and sanitizing and sewage were given greater point reductions. In addition to the changes made to the scoring system, in late 2000 the County changed their Grading Ordinance such that they would no longer distribute letter grade signs in cities that did not adopt the County regulations. Their reasoning was that if they were to continue to distribute signs in cities that do not mandate posting it would create an uneven playing field whereby in cities that do not mandate posting only those establishments with an "A" grade would post. The County believes this would cause confusion. for the public and possibly constitute an unfavorable business practice for businesses in cities where posting of the grade is required .and establishments have no choice but fo post whatever was giVen. In other words, because Arcadia does not ~°- mandate posting, ,the public may only see A and possibly B grade cards and assume that all Arcadia food establishments have a high grade; yet when they go to one of our neighboring cities or the County area they may,see all grades including C and D. It is important to note that even though Arcadia has not yet adopted an ordinance mandating that food establishments post their grade; merchants are still subject 4o the same State and Counfy health and safety requirements as those in other cities. Adoption, or,lack of adoption; of a grading ordinance does not affect how often establishments are inspected; nor does it have any impact on the criteria on which they are evaluated. ' DISCUSSION The City of Arcadia utilizes the Los Angeles County Public Health Code as the "Health Code". for. the City. Adoption of Ordinance No. 2171 will bring the City up-to-date with the amendments the County has made to the Health Code since Arcadia originally adopted the County Health Code some time ago.: Adoption of the Ordinance "as is" would rriean that Arcadia,now mandates the posting of grade/score cards consistent with L.A. County regulations and subject to their enforcement,efforts and abilities. If the Council does not wish to mandate the-posting of grade/score cards, it is recommended that you direct staff to revise the Ordinance so .that it specifically excludes these provisions and then bring back to tlie, Council at a future meeting an Ordinance that adopts by reference the remainderof the County Health Code. : . ti Mayor and Gity Council - Ordinance No. 2171 January 21, 2003 Page 3 Adoption of Ordinance No. 2171 is,handled similarly to the adoption of other Uniform Codes. The schedule is as follows: January 21, 2003 Introduction of Ordinance January 30, 2003 Publication of first notice af Public Hearing February 6, 2003 Publication of second notice of Public Hearing February 18, 2003 Public Hearing and adoption of Ordinance Ordinance No. 2171 had been prepared to both incorporate the County Health Code by reference and take into account that in the event there is inconsistency or conflict between the County Health Code and the A~cadia Municipal Code, that such conflicting provision of the Arcadia Municipal Code shall have precedence. 5ince the County Health Code covers numerous matters besides food safety, at some point in the future the City Manager may initiate a fulli review- of the County Health Code by all City departments.to determine which specific provisions should and should .not be adopted, thus ma'king the Municipal Code exceedingly clear on all issues. This process is extremely time consuming and,coufd take up to a year and a,half to accomplish. In the meantime, the City Attorney has advised that the Ordinance, as currently written, is sufficien4 to protect the interests of the City and the health and safety of the community. FISCAL IMPACT There is no negative fiscal impact to the City associated with Ordinance No. 2171. RECOMMENDATION It is recommended that the City Council introduce Ordinance No. 2171, an ordinance`of the City Council of the City of Arcadia, California, amending Section 5600 of the Arcadia Municipal Code, adopting by reference the Los Angeles County Health Code and repealing all other Ordinances or portions or Ordinances in conflict therewi4h. Attachment: Ordinance No. 2171 ~ :~ ~ ~ ~ ~ ~ ~ oa/l~s/~~a o~l, a n~ ~~ Co l~ea(-~~i CO~f ORDINANCE NO. 2171 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 5600 OF THE ARCADIA MUNICPAL CbDE, ADOPTING BY REFERENCE THE LOS ANGELES COUNTY HEALTH CODE AND REPEALING ALL OTHER ORDINANCES OR PORTIONS OF ORDINANCES IN CONFLICT THEREWITH WHEREAS, the City Council of the City of Arcadia utilizes the Los Angeles County Public Health Code as the "Health Code" for the City of Arcadia; and WHEREAS, the City Council wishes to adopt the Los Angeles County Public Health Code, as approved by the Board of Supervisors through October 18, 2000, into the Arcadia Municipal Code; and WHEREAS, as part this proposed action, fhe City of Arcadia adopts Title 8 and Title 11 of the Los Angeles County Public Health Code, which together protect the public health and safety by authorizing the enforcement of the Health and Safety Code and requiring inspection of food establishments and posting of food establishment inspection grades. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 5600 of the Arcadia Municipal Code is hereby amended to read as foliows: 5600 LOS ANGELES COUNTY HEALTH CODE. ADOPTION. The Health Code of the County of Los Angeles, as approved by the Board of Supervisors through October 18, 2000, is hereby adopted and by this reference made a part of the Arcadia Municipal Code with the same force and effect as though fully set forth herein. A copy of said "Health Code" is on file and open to inspection in the Office of the City Clerk. Where, in any specific case, there is a difference between the City of Arcadia Municipal Code and the Los Angeles County Health Code, the most restrictive shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. In the event that there is an inconsistency or conflict between LAS~R I~~~AG~D ~~ -2- any provision of the County Health Code and any other provision of the Arcadia Municipal Code, then such other conflicting provision of the Arcadia Municipal Code shall haveprecedence. SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be pubiished in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this i8thday of February , 2003. O~P G.~I. ~1. ~~~ Mayor of the City of Arcadia ATTEST: ~ ~+ City Clerk of the City of Arcadia APPROVED AS TO FORM: ~~-,,..~~ T~.~~ City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARGADIA ) I, June D. Alford, Gity Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2171 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 on the 1~th day of February , 2003, and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chang, Kovacic, Segal, Wuo and Marshall NOES: None ABSENT: None ~ City Clerk of the City of Arcadia ,_ ,; ~ __. o~~i~a o~~~ ~(~, ~2;' (03,~3! c~~c'vous Yv :. ~ee t~. , °~ STAFF REPORT Police Deparhpent DATE: February 18, 2003 TO: -. Mayor and City Council FROM: David H. Hinig, Chief of Polic~/C~ Prepared by: Lisa Mussenden, Lega1 Coordinator~ SUBJECT; Resolution No. 6331 establishin~ a vicious and dangerous dog desiQnation fee pursuant to Ordinance No. 2157 Recommendation: Adopt • SUMMARY The City Council on January 7, 2~03 adopted Ordinance No. 2157 adding a riew division to •the Arcadia Municipal Code regarding vicious and potentially dangerous dogs. T'he`Ordinance provides for administrative procedures for the regulation and prohibition of potentially dangerous and vicious dogs which will be administered by the Pasadena Humane Society (Poundmaster). Pursuant to Section 4132(b)(1) of Ordinance No. 2157; the City Council is authorized to establish a vicious and dangerous dog designation fee. This 'designation fee is in addition to the regular licensing fee to provide for the increased cost of maintaining records of vicious and dangerous dogs. The Police Department and the Poundmaster have prepared a cost analysis (see cost report attached to the Resolution) and propose a vicious and dangerous dog designation fee of $125.00. The Police Department recommends adoption of Resolution No. 6331 (attached) establishing said fee. L~z"~ft IN(AGED .: ~~.~~..~ ~? ~. y~. ~o ~ DISCUSSION The new regulations provide for all vicious and potentially dangerous dogs to be properly licensed and vaccinated. Also, a dog that has been declared to be a vicious and_dangerous dog must be registered with tkie Pasadena Humane Society (Poundmaster). The proposed fee of $125.00 is to cover the administrative costs for record keeping and insuring that all regulations of Ordinance No. 2157 administered by the Poundmaster are met. ENVIRONMENTAL ANALYSIS Pursuant to Section 15273(1) of:the CEQA guidelines, rates, tolls, fares and charges are exempt from CEQA if the purpose for said fee is to cover the costs of operating expenses. FISCAL IMPACT The proposed fee will cover the costs of registering and processing vicious and dangerous dog through the Pasadena Humane Society. RECOM1v1ENDATION That the City Council adopt Resolution No. 6331 establishing a vicious .and dangerous dog designation fee pursuant to Ordinance No. 2157. APPROVED: l~9 l~ ~ William R. Kelly' ' City Manager Attachment - Resolution No. 6331 r ~13~~`sCt~i :'~. ` ~ t>t. _r_ ;~. ; ~-~~~ -~ - ~ -n~1 1 1 t t t t ~ L' ~I 2 7 2003 ~, „ -• CIIYATTORNEYO! The Pasadena Humane Society & SPCA 361 S. Raymond Avenue, Pasadena CA 91105 (626)792-7151,fax(626)792-3810 January 21, 2003 City of Arcadia 240 West Huntington Dr. Arcadia, CA 91066-6021 Attn: Lisa Mussenden In response to your request for a fee to register a vicious or dangemus dog, we propose the following: $125.00 One time fee The costs of this fee includes: Animal Control Officers rime, approximately 3 hours @$20.00 per hour for a totai of $60.00. ' Licensing Agents time for inspecting the property to assure all regulations aze being met, approxnnately 1 hour @$25.00 per hour. Administrative costs for record keeping approximately 2 hours @$20.00 per hour for a tot~l of $40.00 If you have any further questions, please da not hesitate to call;me at (62~ 792-7I51 ` Ext. 101. , Sincerely, `~ ~~ ~. ,~~~ Nancy C. Gray OfficeManager ~~~~~'~^ ao~mv ;_~~p _ ~ .j. RESOLUTION NO. 6331 a~/r~/a~~.~ 1~~. (~33~ ~ ~. f}wtc~mz~s Do~ ~c~> A RESOLUTION OF THE CITY COUNCIL OF TI~ CITY OF ARCADIA; CALIFORNIA ESTABLISHING A VICIOUS AND DANGEROUS DOG DESIGNATION FEE PURSUANT TO ORDINANCE NO. 2157 WHEREAS, the City Council is authorized to establish a vicious and dangerous dog designation fee pursuant to Ordinance No. 2157 and, in particular, Arcadia Municipal Code Section 4132(b)(1); and WE~REAS, the proposed vicious and dangerous dog designation fee is based upon an analysis of the estimated actual cost for processing the registration of said dogs and does not exceed such estirnated cost, and a cost report setting forth the basis for establishing the fee is attached as E~ibit "A" to tY~is Resolution; and WHEREAS, the proposed vicious and dangerous dog designation fee is in addition to the regular licensing fee in order to provide for the increased cost of maintaining the records of the dog; and WHEREAS, the adoption of this fee is exempt from the requirements of the California Enyironmental Quality Act ("CEQA") because the adoption of rates and charges, such as the proposed fee, to cover operating costs is exempt pursuant to CEQA Guidelines Section 15273(1). LA~~~ IMAGED ~ SECTION 1. That the vicious and dangerous dog designation fee, established pursuant to Arcadia Municipal Code Section 4T32(b)(1), shalt be $125.00, separate and apart from and in addition to the regular dog licensing fee. SECTION 2. ' The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this latn day of February , 2003. -~~~~° _ Mayor of the City of Arcadia ATTEST: ~ l ~..Nl~ .~~ ~r ^ . City Clerk APPROVED AS TO FORM: ~ P r3~~~ Stephen P. Deitsch City Attorney \l:~~~d3.a `,..3c..:~'~_7 2 ,~r_v_ ; . __.~._^_ ,. STATE OF CALIFORNIA ) .GOUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby cerrifies that the foregoing Resolution No. 6331 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 18th day of February, 2003 and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chang, Kovacic, Segal, Wuo and Marshall NOES: None ABSENT: None ~ ~ City Cierk'of the City of Arcadia 3 ~~ .. ~ Od~/S ~2A43 :Sl2, Q/ 2 ~ . ~ 0 `~ ~: l ~e~bar/e!`,;°(- ~ ~ Circ. cY~r'bvy:;: ~~-'M°~~~o~.z,9-~~°° , ~ ~~~ ~ STAFF REPORT~ ~~ Development Services Department Feb~uary 1 S, 2003' y, r TO: MayorandCityCouncil FROM` Don Penman, Assistant City ManagedDevelopment Services Director~ By: Donna Butler, Community Development AdministratorA~~ SUBJECT: Ordinance No. 2173 - Amendina Divisions 1 and 2 of Article IX, ` R-1 Resitlential Zones Recommendation:_ Adopt Ordinance No. 2173 SUMMARY The City Council at its February 4, 2003 meeting introduced Ordinance No. 2173 amending Divisions 1 and 2.of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code regarding R-O and,R-1 residential zones. The Ordina~ce has been revised to reflect the changes recommended by the City Council including the following: • The second paragraph of Section 4 on Page 4 relating to Corner Lot in the R-1 zone has been reviSed to require that the second floor shall be set back a minimum of five (5) feet from the first story when facing the side yard of the street side of a corner lot. ' • The second paragraph of Section 5 on Page 5 relating to Reverse Corner Lot in the R-1.zone has been revised to require that the second floor shall be set back a minimum of five (5) feet from the first story when facing the side yard of the streetside of a corner lot. . The second paragraph of Section 12 on Page 8 relating to Comer Lot in the R-O zone has been revised to require that the second floor shail be, set back a minimum of fioe (5) feet from the first story when facing the side yard of the street side of a comer lot. • The second paragraph of Section 13 on Page 9 relating to Reverse Comer Lot in the R-O zone relating to Reverse Comer Lot in the R-O zone, has been revised • ~iP:vi~ i~vlr~c~a~D Page 1 ~~~~Czo/ c v ~,~_ ~ .~ to require that the second floor shall be set back a minimum of five (5) feet from the first story when facing the side yard of the street side of a corner lot~ •_7he first sentence of Section.6 on Page 5 has been changed to prohibit circular driveways on lots with less than 75'-0" of frontage in the R-1 zone. • Section 6 on Page 6 includes an exception in the R-1 zone to the Circular - Driveway provision to aliow the Modfication Committee to grant modifications to the circular driveway requirements. • Section 14 on Page 10 includes the same wording for circular driveways in the R-O zone as noted above in the R-1 zone. RECOMMENDATION ~ Move to adopt Ordinance 2173 AN ORDINANCE OF THE GITY COUNCIL' OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING DIVISION 1 AND 32.OF.ARTICLE IX, CHAPTER 2, PART 5 OF THE ARCADIA MUNICIPAL CODE REGARDING R-O AND R-1 RESIDENTIAL ZONE Attachments: Ordinance 2173 APPROVED BY: ~^' ' William R. Kelly, City Manager ~;.,,:trv, Pa e2 ~~~ ~,_'°~ ~ ; , 4 ~ ,...~ ~ ., ~:~~ ~ ~ ~ ~ 9 >;,.~::~ . . ORDINANCE NO. 2173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING DIVIS~ONS 1 ANp 2 OF ARTICLE IX, CHAPTER 2, PART 5 OF THE. ARCADIA MUNICIPAL CODE REGARDING R-O AND R-1 RESIDENTIAL ZONES WHEREAS, this text amendment (T.A. 02-004) was initiated` by the Development Services Department at the direction of the City Council to address revisions to the Arcadia Municipal Code relating to the scale, mass and bulk of residential dwellings; and WHEREAS, public hearings were held on October 22 and December 10 before the Planning Commission at which time all interested persons were given full opportunity to be heard and to present evidence; and ; WHEREAS, the Planning Commission recommended approval~ of this. text ,_. amendment subject to,specific changes; and _ _ __ _ . WHEREAS, a,public hearing was held before the City CounciF on February 4, 2003, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, the City Council recognized that since adoption of new R-O and R-1 zoning regulations in 1999, there has been an observable change in the overall mass of. dwellings at the front elevation from the street; however, #he Code needs to be further refined to better address entries, architectural projections and street side,yard setbacks; and WHEREAS, the City Council hereby finds that the proposed regulations should further address the issue of reducing mass, scale. and bulk of buildings without significantly restricting property owners' rights; and WHEREAS, the. City Council determines that based upon the evidence presented, the public necessity, convenience and general welfare justifies the proposed text change; and WHEREAS, The proposed text amendment will not have a potential for causing a significant effect on the environment and is, therefore, categorically exempt from the LRSER IMAGED oa//s/a~or~~ L?~r+d, ~!?~ ~ D ~- V2 l set6e,~J a CT~c. . d~ ~v !~ Califomia Environmental Quality Acf ("CEQA") pursuant to CEQA Guidelines, Sections 15061(b)(3) and 15378(b)(2): NOW; THEREFORE, THE CITY GOUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS.FOLLOWS: ' Secfion 1. Exception 1 of Section 9252.2.1 of- the Arcadia Municipal Code is amended to"read: 1: ,No building shell have an entry exceeding a building height of fourteen (14) feet. "Entry" is defined.as any portion of a building that provides'access to the building, including any and all portions of the building directly above a porch and/or doorway, whether or not it is usable floor space, including, but not limited to, balconies, open air space,~ enclosed air space, attic space, decorative railings, columns and finials and dorme~s or vents. There shall be no vertical or architectural elements located above the entry that emphasize the scale and massing of the structure. Section 2 SeCtion 9252.2.2 of the, Arcadia Municipal Code is amended to read: _ 92522:2. FRONT YARD The~e shail be a iront ya~d setback of not less than twenty-five (25) feet; provided that, where lots comprising sixty percent (60%) or more of the frontage in a city block are developed:with larger front yard setbacks, the front yard setback for a lot proposed for.development shall be the greater of (a) twenty-five (25) feet and (b) tlie average of the two~{2)~ nearest developed lots at the time a building permit is: issued, unless a greater setback is specifed in Chapter 3 of this Article. No portion of any structure shall encroach through a plane projected from an angle of thirty (30) degrees `as measured at the ground' level along the front property line: ` The ~poin4'shall be located at the intersection of a horizontal. projection of the adjacent grade elevation and its intersection with the front property line. Architecturaf features and projections, with the exception of roof eaves, shall not project into the _` required set6ack. There sha11 be no vertical or architectural elements located above the entry that.emphasize the scale and massing of the structure. Section 3. ` Section 92522.3 of. the Arcadia Municipal Code is amended to ~~:: read: ~.'~~{~,~~,~I J`~~~1~,~ -2- 2173 , 9252.2.3. SIDE YARDS. l~here shall be a side yard on each side of a every building of not less than fiue (5) feet or ten percent (10%) of the lot width as measured at the front property line, wFiichever is greater. Any portion of a single story in excess of twelve (12) feet high measured from the adjacent finished grade to the top. plate and/or any portion of a second story including second story architectural featuresan8 wall shall be set back not less than ten (10) feet or twenty percent (20%) of the lot width, whichever is greater. The lot width for determining.setbacks on lots with more than fifty percent (50%), frontage on a cul-de-sac terminus shall be measured at the required building setback line. Exceptions: 1. On lots having a.width of seventy-five (75) feet or greater as measured at the front property line, any portion of. a gable roof and wall thereunder which does not exceed a maximum height of twenty (20) feet and which encloses a portion of the first floor living area and/or interior stairweils which has no window(s) facing the side yard shall be permitted to encroach into the above-required setback. In no event shall such encroachment be less than the required first floor setback except as may be approved pursuant to the modification regulations. 2. Fireplaces not exceeding eight (8) feet in width which do not project from the building wali more than two (2) feet and providing that there is maintained a minimum distance of five (5) feet.between said fireplace and the side property line. 5ection 4. Section 9252.2.3.1 of the Arcadia Municipal Code is amended to read: 9252.2.3.1. SIDE YARD. CORNER LOT. On comer lots the required "side yard setback adjoining the interior lot shall be as specified in Section 9252.2.3, The required side yard setback on the street side of a corner lot shall be not less than fifteen (15) feet, unless a greater setback is specified in Chapter 3 of this Artide. " Any gatage opening directly upon a side street shall be located not less than twenty (20) feet from the side street line, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12} feet high and/or any.portion of a second story including second story architectural -3- 2173 features and walts shall be set back not less than fifteen (15) feet' or twenty percent (20%) of tlie width of the lot as measured at the front property line, whichever is greater. The lot width for determining setbacks on lots with more than fifty percent (50%) frontage on a cul-de-sac terminus shall be measured at the required building setback line. . The second story or any portion •of a first story in: excess of 12'-0" high as measured from the finished grade level to the top plate shall be set back a minimum of five feet (5'-0") from the first story when facing the side yard on the street side of a comer lot. Expanses of flat building walis facing the side yard on the street side of a corner lot shall not exceed twenty-five (25) feet in width without providing architectural indentations and/or projections with a minimum depth of two (2) feet and a minimum width of six (6) feet so as to provide an opportunity for shade, shadow and visual relief. No a~chitectural features shali be allowed within the street side yard set back. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located. at the intersection of a horizontal projection of the adjacent grade elevation and. its intersection with the street side property line. Architectural projections, with the exception of roof eaves shall not project into the required setback. ' Section 5. Section 9252.2.32 of the Arcadia Municipal Code is amended to read: . 9252.2.3.2. SIDE YARDS. REVERSE CORNER LOT. On reverse corner lots the required side yard adjoining the interior lot shall be as specified in Section 9252.2.3. The required side:yard on'the street side of a reverse corner lot shall be not less than twenty-five=(25) feet, unless a greater setback is specified in Chapter 3 of this Artide. Any portion of a single story in excess of twelve (12) feet high,measured from the adjacent finished grade to the top plate and/or any portion of a second story including second story architectural features and wall shall be setback twenty (20) feet or twenty percent (20%) of the width ofthe lot as measured at the front property line,. whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. .4- 2173 The second story or any portion of a first story in excess of 12'-0" high as measured from the finished grade level to the top plate shall be set back a minimum of five feet (5'-0") from the first story when facing the side yard on the street side of a reverse corner.lot. Expanses of flat building walls facing the side yard on the street side of a corner lot shall not exceed twenty-five (25) feet in width without providing architectural indentations and/or projections with a minimum depth of two (2) feet and a minimum-width of six (6) feet so as to provide an opportunity for shade, shadow and visual relief. No architectural features shali be allowed within the street side yard set back. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of roof eaves shall not project into the required setback. , _ The lot width for determining setbacks on lots with more than fifty percent (50°/a) frontage on a cul-de-sac terminus shall be measured at the required front building setback line. Section 6. Section 9252.2.6.1 is added to the Arcadia Municipal Code to read: 9252.2.6.1. CIRCULAR DRIVEWAYS Lots with street frontage of 75'-0" or greater are eligible for circular driveways. On lots with more than one (1) street frontage, a circular driveway shall be located on the street frontage that is 75'-0" or greater; provided, however, that not more than one circular driveway shali be allowed for any one lot. The circular driveway shall not have a width greater than fifteen (95) feet and the furthest point from the street of the circular driveway measured from the side of the circular driveway closest to the street shall be a minimum of twenty-five (25) feet measured perpendicular from the property line on the street to the furthest distance of the inside edge of the circular driveway. Pedestrian walkways and vehicular accessways shall not occupy more than forty percent (40%) of the required front yard or street side yard setback. -5- 2173. Exception: The Modification Committee upon appeal, pursuant to the modification regulations may grant a modification to allow a circular driveway on a lot with street frontage of less than 75'-0". Section 7. The Exception set forth in Section 9252.1.1 of the Arcadia Municipal Code is amended to read: 9252.1.1. 51NGLE-FAMILY DWELLINGS. EXCEPTION. One (1) temporary or portable structure, with the exception of tents and canopies, not exceeding one hundred twenty (120) square feet in area and eight feet six inches (8'-6") in height is permitted. Said structure must comply with all setback requirements and, if applicable, be approved by the City's established Homeowners' Associations. Section 8. Section 9252.1.1.1 is added to the Arcadia Municipal Code to read: 9252.1.1.1 Tents and Canopies It shall be unlawFul for any person, to erect, put in place or maintain in place, any tent, tent-house, canvas house or structure constructed of canvas, cloth or other fabric; any canopy or canopy structure constructed of canvas, cloth or other fabric or material. Exceptions: The provisions of this section sHall not appiy as follows: 1. Decorative canopies and awnings constructed as a component or feature of an overall architectural design. 2. Picnic umbrellas not in excess of ten (10) feet in diameter. 3. Temporary tents and canopies. Temporary tents and canopies of any size may be erected in any location with the exception of the front yard and/or street side yard setback: areas on a parcel or lot fora period that is not in excess of three (3) days. Section 9. The Exception 1 of Section 9251.2.1 of the Arcadia Municipal Code is amended to read: 1. No building shall have an entry exceeding a building height of fourteen (14) feet. "Entry" is defined as any portion of a building that provides access to the building, including any and all portions of the building directly above a porch, andlor doorway, whether or no4'it is usable floor space; including, but not limited to, balconies, open air space, enclosed air space; attic space, decorative railings, columns and finials and .g_ 2173 dormers or vents. There shall be no vertical or architectural elements located above the entry that emphasize the scale and massing of the structure. Section 10. Section 9251.2.2 of the Arcadia Municipal Code is amended to read: 9251.2.2. FRONT YAFtD There shall be a front yard setback of not less than thirty-five (35) feet; provided that, where lots comprising sixty percent (60%) or more of the frontage in a city block are developed with larger front yard setbacks, the front yard setback for a lot proposed for development shall be the greater of (a) thirty five (35) feet; and (b) the average of the two (2) nearest developed lots at the time a building permi# is issued, unless a greater setback is specified in Chapter 3 of this Article. No portion of any structure shall encroach through a plane projected from an angle of thirty (30) degrees as measured at the ground level along the- front property line. The point shalf be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the front properly line. Architectural features and projections, with the exception of roof eaves, shall not project into the required setback. There shall be no vertical or architectural elements located above the entry that emphasize the scale and massing of the structure. Section 11. Section 9251.2.3 of the Arcadia Municipal Code is amended to read: 9251.2.3. SIDE YARDS. There shall be a side yard on each side of a every building of not less than ten (10) feet or ten percent (10%) of the lot width as measured at the front property line, whichever is greater. Any portion of a single story in excess of twelve (12) feet high measured from the adjacent finished grade to the top plate and/or any portion of a second story including second story architectural features and wall shall be set back not less thah fifteen (15) feet or twenty percent (20%) of the lot width whichever is greater. The lot width for determining setbacks on lots with more than fifty percent (50%) frontage on a cul-de-sac terminus shall be measured at the required building setback line. Exceptions: -7- 2173 1. On lots having a width of seventy-five (75) feet or greater as measured at the front property line, any portion of a gable roof and wall thereunder which does not exceed a maximum height of twenty (20) feet and which encloses a portion of the first floor living area and/or interior stairwells which has no window(s) facing the side yard shall be permitted to encroach into the above-required setback. In no event shall such encroachment be less than the required first floor setback except as may be approved pursuant to the modification regulations. 2. Fireplaces not exceeding eight (S) feet in width which do:not project from the buiiding wall more than two (2) feet and providing that there is maintained a minimum distance of five (5) feet between said fireplace and the side propertyiine. Section 12. Section 9251.2.3.1 of the Arcadia `Municipal Code is amended to read: 9251.2.3.1. SIDE YARD. CORNER LOT. On corner lots the required side yaM setback adjoining the interior lot shall be as specified in Section 9251.2.3. The required side yard setback on the street side of a corner lot shall be not less than twenty (20), unless a greater setback is specified in Chapter 3 of this Articie. Any portion of a single story in excess of twelve (12) feet high and/or any portion of a second story`including second story architectural features and walls shall be set back not less than finrenty (20) feet or twenty percent (20%) of the width of the lot as measured at the front property line; whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. The lot width for determining setbacks on lots with more than fifty percent (50°/0) frontage on a cul-de-sac terminus shall be measured at the required building setback line. The second story or any portion of a first story in excess of 12'-0" high as measured from the finished grade level to the top plate shall be set back a minimum of five feet (5'-0") from the first story when facing the side yard on the street side of a corner lot. Expanses of flat building walls facing the side yard on the street side of a corner lot shall not exceed twenty-five (25} feet in width without providing architectural indentations and(or projections with a minimum depth of two (2) feet and a minimum width of six (6) feet so as to provide an opportunity for shade, shadow and visual relief. No architectural features shall be allowed within the street side yard set back. -8- 2173 { No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of building eaves shall not project into the required setback. Section 13. Section 9251.2.3.2 of the Arcadia Municipa{ Code is amended to read: 92512.3.2. SIDE YARDS. REVERSE CORNER LOT. On reverse corner lots the required side yard adjoining the interior (ot shall be as specified in Section 9251.2.3. The required side yard on the street side of a reverse corner lot shall be not less than twenty-five (25) feet, unless a greater setback is specified in Chapter 3 of this Article. Any poRion of a.single story in excess of twelve (12) feet high measured from the adjaceM finished grade to the top plate and/or any portion of a second story including second story architectural features and wall shall be setback twenty (20) feet or twenty percent (20%) of the width of the lot as measured at the front property line, whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. The second story or any portion of a first story in excess of 12'-0", high as measured from the finished grade level to the top plate shall be set back a minimum of five feet (5'-0") from the first story when facing the side yard on the street side of a reverse comer lot. Expanses of flat building walls facing the side yard on the street side of a corner lot shall not exceed twenty-five (25) feet in width without providing architectural indentations and/or projections with a minimum depth of two (2) feet and a minimum width of six (6) feet so as to provide an opportunity for shade, shadow and visual relief. No architectural features shall be allowed within the street side yard set back. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontai projection of the adjacent grade elevation and its intersection with the street side property line. _g- 2173 Architectural projections, with the exception of buifding eaves shali not project into the required setback. The lot widtfi for determining setbacks on lots with more than fifty percent (50%) frontage on a cul=de-sac terminus shall be measu~ed at the required building front setback line. Section 14. Section 9251.2.6.1 is added to the Arcadia Municipal Code to read: 9251.2.6.1. CIRCULAR DRIVEWAYS Lots with street frontage of 75'-0" or greater are eligible for circular driveways. On lots with more than one (1) st~eet frontage, a circular driveway shali be located on the street frontage that is' 75'-0" or greater; provided, however, that not more than one circular driveway shall 6e allowed forany one Iot. The circular driveway shall not have a width greater than fifteen (15) feet and the furthest point from the street of the circular driveway measured from the side of the c'ircular driveway closest to the street shall be a minimum of finrenty-five (25j feet measured perpendicular from the property line on the street to the furfhest'distance of the inside edge of the circular driveway. Pedestrian walkways and vehicular accessways shall not occupy more than forty percent (40%) of the required front yard or street side yard setback. Exception: The Modification Committee, upon appeal, pursuant to the modification regulations may grant a modification to allow a circular driveway on a lot with streef frontage of less than 75'-0". Section 15. The Exception to Section 9251.1.1 is amended to read: 9251.1:1: SINGLE-FAMILY DWELLINGS. EXCEPTION. One (1) temporary or portable structure, with the exception of tents and`canopies, not exceeding one hundred twenty (120) square feet in area and eight feet six inches (8'-6") in height is permitted. Said structure must comply with all setback requiremenfs and, if applicable, be approved 6y the City's established Homeowners' Associations. ' Section 16: Section 9251.1.1.1 is added to the A~cadia Municipal Code to read: 9251.1:1.1 Tents and Canopies . -10- 2173 , ...;, It shall be unlawful for any person, to erect, put in place or maintain in place, any tent, tent-house, canvas house or strueture constructed of canvas, cloth or other fabric; any canopy or canopy structure constructed of canvas, cloth or other fabric or material. Ezceptions: The provisions of this section shall not apply as follows: 1. Decorative canopies and awnings constructed as a component or feature of an overall archifectural design. 2. Picnic umbrelias not in excess of ten (10) feet in diameter. 3. Temporary tents and canopies. Temporary tents and canopies of any size may be erected in any location with the exception of the front yard and/or street side yard setback areas on a parcel or lot for a period that is not in excess of three (3) days. Section 17. The City Clerk shail certify the adoption of this Ordinance and shall cause a copy or summary of the same to be published in the official newspaper of said City within fifteen (5) days of its adoption. This ordinance shall take effect thirty-one (31) days after its adoption, in accordance with the provisions of California law. Passed, approved and adopted this lsch day of February , 2003. /B/ G1~. A.IVIARSHE~ILL Mayor of the City of Arcadia ATTEST: !~I e~ ~. . _ City Clerk APPROVED AS TO FOF2fvi: ~{ ~4I''~' `~ I -~ ~`~-~it/L~t.~ City ttorney -11- 2173 STATE OF CALIFORriIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JLTNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2173 was passed and adopted by the C.ity Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meering of said Council held on the 18th day of February, 2003 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmembers Chang, Kovacic, 5ega1, Wuo and Marshall NOES: None ABSENT: None ~ ~ ~. City Clerk of the City of Arcadia 12 oa//~'~~on3 i~o~a-~o~, Lhtn.~ ~~ ~~ ~ ~ ~. f"°°Rp~R~TE9-~°°° STAFF REPORT Arcadia Public Library February 18, 2003 TO: Mayor and City Council FROM: Janet Sporleder, City Librarian By: Jackie Faust-Moreno, Assistant City Librarian ~ SUBJECT: Acceptance: software from the Bill & Melinda Gates Foundation to the LibrarV - estimated fair market value: $5,513.40 Recommendation: Accept the donation Summarv: In 2000, The Bill & Melinda Gates Foundation approved a grant that provided for the purchase of five computers and one server at a discounted price for the Arcadia Public Library. Along with this purchase they donated several software packages of interest to children and adults. They aze now providing softwaze upgrades for those computers. Discussion: In the late 1990's, The Bill & Melinda Gates Foundation encouraged public libraries throughout United States to participate in their U.S. Librazy Program grants for free or discounted computers. With this grant, the Arcadia Public Library was able to purchase several new computers for the public's use including many software packages supplied for free from the Foundation. This current upgrade will allow the public to have timely information when using this soflwaze. All gifts to the Librazy are subject to approval by the City Council pursuant to City Charter article VIII section 809 (d). Fiscal Impact: The Librazy will experience an added $5,513.40 value of softwaze for its public computer workstations. Recommendation: It is recommended that the City Council accept the donation of software from the Bill & Melinda Gates Foundation U.S. Library Program (estimated fair market value: $5,513.40) Approved by: .~--~'1-6'JN1 w~~~~~ R. KenY, c~ty Manager LASER IMAGED ~~'~`~`°~~ ~o rr- ~ ~- oa /i~/a~v3 ~ ~~c~ ~~~, , ~,, '.. , ~ .IrrrJc cuti ple~s ~' / , GtN I {-~~ G'r~c~rr %~'/~tv/c A 0 ~~RApRATIDO ~l ' °' STAFF REPORT Public Works Services Department February 18, 2003 T0: Mayor and City Council FROM: Pat Malloy, Public Works Services Dire or ~ Prepared by: Gary F. Lewis, General Services Man ger Clement L. Flores, Maintenance Contracts Officer SUBJECT: Purchase of automated irriqation controllers Recommendation: Approve the purchase of automated irrigation controllers and associated equipment in the amount of $121,744 from United Green Mark SUMMARY Staff is recommending that the City Council authorize a purchase in the amount of $121,744 from United Green Mark for twenty (20) automated irrigation controllers and associated equipment. These controllers will be installed on the City's landscaped medians to conserve the use of irrigation water. DISCUSSION The 2002-03 Capital Improvement Program provides for the replacement of twenty-six (26) irrigation controllers for water conservation in the City medians, while simultaneously keeping grass and plants adequately watered. However, the Public Works Services Department has replaced four of the controllers as part of normal maintenance and combined two controllers on Santa Anita, reducing the need to twenty (20) controllers to complete this project. The new irrigation controllers will be added to the City's existing centralized computer system that currently monitors twenty-five (25) controllers. The existing system utilizes Calsense controllers and consistency in controllers is necessary and cost efficient. These controllers use computer software to pass information between the irrigation controllers, the actual irrigation system, and the central computer. This allows the Public Works Services Department to communicate, monitor, and re-program the controller(s) from the Service Center located on Goldring Road. The automated irrigation controller monitors the irrigation system for use during wet and dry periods; senses irrigation line breaks (i.e., broken sprinkler heads or faulty valves) and will shut the station down until the line is repaired. The computer also produces daily alert reports, which allow maintenance crews to quickly remedy needless water loss. Currently, since irrigation occurs during the night hours, City maintenance crews rely on monthly inspections and residenU Police reports of irrigation problems to monitor the system. The computerized controllers will greatly assist the City in conserving water. LA$~R ~rd~AGE~ ~'!`h`~-~.`'"~ Cu N. ~ ~ , Mayor and City Council February 18, 2003 Page 2 To assist in our water conservation program, the City of Arcadia Public Works Services Department intends to install twelve (12) irrigation controllers on the Santa Anita medians from Grandview Ave. to Live Oak Ave., two (2) controllers on the Baldwin Ave medians from Las Tunas to Naomi, three (3) controllers on Foothill Bivd., between Michillinda and Santa Anita, and (3} controllers on Huntington Drive from Santa Anita to Fifth street Staff contends that by continuing to instali irrigation controllers throughout the City's landscape, it will greatly assist the City in our water conservation efforts, while having an aesthetically pleasing landscape. Lower water consumption will reduce the need to purchase supplemental water from outside Agencies, thus keeping water rates affordable to residents. United Green Mark is the only authorized distributor for Calsense automated irrigation controllers for Southern California. Staff selected this system several years ago to transition the old manual time clocks to a state of the art computerized system. In an attempt to solicit additional bids, notices inviting bids were sent to five (5) irrigation supply companies and published in the adjudicated paper. As advertised, the City Clerk publicly opened the sealed bids on December 31, 2002 with the following results. Bidder Location _ _ Amount United Green Mark Anaheim $158,266.06 Aqua-Flo W. Los Angeles No Response J Harold Mitchell San Gabriei No Response Ewing So. EI Monte No Response Smith Pipe & Supply Ontario No Response Staff contacted the four (4) remaining bidders to find out why they did not respond. Each maintained that they could not compete with United Green Mark since they are the authorized distributor for Calsense Controllers and would have been required to purchase the units from United Green Mark. Staff is recommending that the City Council authorize a purchase in the amount of $121,744 from United Green Mark, the only responding bidder, for twenty (20) automated irrigation controllers and associated equipment. FISCAL IMPACT $168,362.00 is appropriated in the CIP Budget for the purchase and instaliation of Calsense irrigation controllers and equipment. The balance of the remaining funds will be used for the installation of the controllers and miscellaneous installation material. RECOMMENDATION Approve the purchase of twenty (20) automated irrigation controllers and associated equipment in the amount of $121,744 from United Green Mark. Approved: - ~""'R°'~M . William R. Kelly, City Manager PM:GFL:dw ..~ ~ r-,.~>~. - - -f' ~-", . s~ ° tJ,2 -18 _ ~ C?!!3 PSA fJPptS.~ I~.J ~lun~i~-_ L/cH~ed,7 f}ssc , RPp$ATb~~ ~ ~"°° ~°°` STAFF REPORT Public Works Services Department February 18, 2003 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Dire or l Prepared by: Thomas W. Tait, Field Services Mana er Susannah Turney, Environmental Services Officer SUBJECT: Professional Services_Agreement - Administration and Monitorina of Municipal Storm Water (NPDES) and lndustrial Waste (IW) Proqrams Recommendation: Authorize the City Manager to enter into a Professional Services Agreement with Hunter-Kennedy and Associates, Inc. in the amount of $74,000 for the administration and monitoring of the City's Municipal Storm Water (NPDES) and Industrial Waste (IW) Programs. SUMMARY On June 27, 2001, the City of Arcadia entered into an agreement for consulting services with Hunter-Kennedy and Associates, Inc. (H-K) for development and implementation of both the City's Municipal Storm Water and Industrial Waste (IW) Programs. This contract allowed H-K to administer and monitor the City's Municipal Storm Water (NPDES) Program, thus allowing the City to comply with permit requirements. The existing Municipal Storm Water (NPDES) Permit, Order No. 01-182 was issued by the RWQCB on December 13, 2001 to Los Angeles County as the permittee and eighty- four cities as co-permittees. Arcadia is a co-permittee under the NPDES permit issued by the California Regional Quality Control Board (RWQCB) to Los Angeles County. In addition, H-K's services include: conducting industrial waste inspections, creating and maintaining a comprehensive database on all industrial/commercial sewer connections, site investigations and plan checking for all commercial and industrial sewer connections. This program is one component of an effort to protect City-owned sewer lines from obstruction, damage, or illegal disposal of hazardous wastes. Moreover, this will assist the City in compliance with the existing Storm Water (NPDES) permit. Hunter-Kennedy and Associates, Inc. has submitted a proposal to provide continuing consulting services associated with both programs. They have all of the qualifications needed to successfully perform this work and have demonstrated their qualifications during the past five years of service to the City. Staff recommends that a contract in the amount of $74,000 be awarded to Hunter-Kennedy and Associates, Inc. for administration and monitoring of the Municipal Storm Water (NPD~$~,~pd Industrial Waste (IW) Programs. ~~~'~-~ : ~b;;~GED ~iµ~c'`"~"~ e o .U _ p-e. , ~3 P Mayor and City Council February 18, 2002 Page 2 DISCUSSION To maintain compliance with the conditions of the existing NPDES Storm Water Permit, Hunter-Kennedy and Associates, Inc. (H-K) has supported the City with implementation of best management practices, reporting requirements, and administration of the following six required programs: 1. Identify Illicit Connections and Illegal Discharges to Storm Drains 2. Review Priority Planning Projects 3. Review Construction Plans 4. Review the City's Internal Public Works and Industrial-Type Activities 5. Inspect Industrial/Commercial and Construction Sites 6. Perform Public Outreach and Education Over 50 cities in Los Angeles County have Industrial Waste Discharge Programs (IW) to reduce the likelihood of blockage or damage to the sanitary sewer system. These programs suppiement the Los Angeles County Sanitation DistricYs Industrial Waste Discharge program, which does not provide for the protection of locally owned sewage collection lines. The basic elements of an IW program are: 1, Enforcement of Industrial Waste Ordinance (AMC} 2. Industrial Waste Inspeciions of Annual Permits 3. Investigations of Industrial Waste Dischargers 4. Violation Corrections 5. Permitting and Plan Checking 6. Annual Fees to Offset Program Costs For the Industrial Waste Program, H-K has already identified the City's industrial waste generators, compiled a database, issued discharge permits, assisted in the development of an industrial waste ordinance and created plan checking protocol. In addition, H-K has continued to assist staff in the City's enforcement program, `and performed educational site visits and needed inspections. ln the coming fiscal year, H- K will continue these activities and incorporate NPDES site inspections with the existing industrial waste inspection program at a reduced cost to the City. These site inspections will primarily focus on restaurants and auto service facilities to identify those with inadequate grease traps/clarifiers or possible violations with the NPDES Permit. Our efforts will continue to focus on the protection of public health and the environment, ensuring the City complies with existing sections of the Arcadia Municipal Code, as well as State and Federal regulations. H-K has successfully designed and administered NPDES and industrial waste programs for several Los Angeles County municipalities and has five years of success with the current program. Thus, staff recommends that a contract in the amount of $74,000 be awarded to Hunter-Ke~nedy and Associates, Inc. for the continued implementation of both the Municipal Stormwater NPDES and the Industrial Waste Programs. ~ • ~ 1 ~ !? -s / :%'/ _ >+"i ~ . Mayor and City Council February 18, 2003 Page 3 FISCAL IMPACT Adequate funds are budgeted in the 2002/2003 Sewer Fund to cover this work. Plan checking and inspection costs will be recovered through the service fees, which wili offset the program costs. This new contract reflects a reduction of $11,000 from the previous contract of $85,000. Hunter and Associates has proposed combining industrial waste and storm water inspection services where feasible, which . reflect the lower annual contract amount. Staff estimates that $41,000 or 55% of the contract will be recovered through plan check and inspection fees. RECOMMENDATION It is recommended that the City Council: 1. Award a Professional Services Agreement in the amount of $74,000 to Hunter-Kennedy and Associates, Inc. for the implementation of both the Municipal Storm Water NPDES and Industrial Waste Discharge programs. 2. Authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. Approved by: ~ William R. Kelly City Manager PM:TT:ST:dw c~... ~. ~-G'/ ~~;.~~~ ~ y A \ ~ / February 18, 2003 ~f3 CNPf:ilDf~py ~yk~ oa/I ~~aoa~ ~f~.2eAah a ~~r~~~-s ~~. .- i , .~ y, *...-. ~--~~..c'_.~. .,. STAFF REPORT Public Works Services Department T0: Mayor and City Council FROM: Pat Malloy, Public Works Services Director Prepared by: Gary F. Lewis, General Services ana er Mark Rynkiewicz, Associate Civil Engineer SUBJECT: Acceptance - 2001-2002 street rehabilitation and utilitv line reqlacement Recommendation: Accept all work pertormed by Sequel Contractors, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $78,674.80 SUMMARY On June 4, 2002, the City Council awarded a contract to Sequel Contractors, Inc. in the amount of $684,670 for the construction of 2001-2002 Street Rehabilitation and Utility Lines Replacement project. The terms and conditions of this project have been complied with and the work has been performed to staff's satisfaction for a total project cost of $786,747.97. This amount reflects the original contract amount of $684,670 plus five (5) contract change orders (CCO) totaling $102,077.97 or 15% above the original contract amount. Staff recommends that the: City Council accept all work performed by Sequel Contractors, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $78,674.80. BACKGROUND The Public Works Services Department is responsible for the maintenance and repair of approximately 147 miles of pavement within the community. As part of the 1999 Pavement Management Program, staff prioritized the condition of all City streets and identified the streets for major rehabilitation. The following streets had considerable cracking, areas of localized failure, and a pavement condition index (PCI) of "poor" to "failed:" L;~;;E~ IMAGED ~u~.~' -~ `~P Mayor and City Council February 18, 2003 Page 2 Hampton Road Gloria Road Oaklawn Place Oaklawn Road San Carlos Road Orlando Drive Naomi Avenue The Water Master Plan also recommended upgrading sections of water main piping to an 8-inch line on Oaklawn Road and Oaklawn Place. This upgrade was to improve water-flow and to accommodate fire safety requirements. In addition to water upgrades, two sewer locations have been identified by the CCN Sewer Inspection Program as having sections of cracked or failed sewer main piping. These sections were on Oaklawn Place and San Carlos Road. DISCUSSION The terms and conditions of this contract have been complied with and the work has been performed to staff's satisfaction. Hampton Road, Gloria Road, Oaklawn Piace, Oaklawn Road, San Carlos Road, and Orlando Drive have been rehabilitated. Broken and misaligned Portland cement concrete hardscape has been repaired and asphalt concrete pavement has been overlayed. The water main on Oaklawn Place and Oaklawn road has been upgraded and sections of broken sewer line have been repaired. - between Baldwin Ave. and Arbolada Dr. - between Baldwin Ave. and Arbolada Dr. - between San Carlos Rd. and Oaklawn Rd. - between Arbolada Dr. and N. Cul-de-Sac - between Foothill Blvd. and Orange Grove Ave. - between Orange Grove Ave. and S. Cul-de-Sac - between Baldwin Ave. and Golden West Ave. In addition to the work originally covered by the contract, the contractor also performed the following work. CCO # Description Amount 1 Additional concrete repair to curbs and gutters, sidewalks, driveways, and access ramps in slurry project area of the City. 2 Relocate two fire hydrants and to install additional valves 3 Additional disposal costs for materials differing from those originally expected 4 Adjust the existing roadway's cross slope along a new cross gutter at Gloria Road 5 Change order reflecting changed field conditions not included in the original scope of work: • Additional Asphalt and base material to correct grading • Additional Concrete for replacement of marginal curb/gutters and driveways . Five additional Access Ramps . Replacement of addition Access Ramps - qp ; ~:_ ,71e'ei ~ Total Change Orders $17,398.50 6,743.98 6,520.50 3,509.83 46,347.79 15,757.37 5,000.00 800.00 $102,077.97 % Mayor and City Council February 18, 2003 Page 3 Staff recommends that the City Council accept all work performed by Sequel Contractors, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $78,674.80. This amount reflects the original contract amount of $684,670 pius five (5) contract change orders (CCO) for $102,077.97 or 15% above the original contract amount. ENVIRONMENTAL ANALYSIS The project is categorically exempt per Section 15301 Class 1(b) and (c) from the requirements of California Environmental Quality Act (CEQA). FISCAL IMPACT Funds in the amount of $1,138,073 were budgeted in the 2001-2002 Capital Improvement Program. The final construction cost to complete the 2001-2002 Street Rehabilitation and Utility Line Replacement Project was $786,747.97 resulting in a balance of $351,325.03 which will be used to pay for administration, engineering and inspection costs. RECOMMENDATION 1. Accept all work performed by Sequel Contractors, Inc. for the 2001-2002 Street Rehabilitation and Utility Line Replacement project as complete. 2. Authorize final payment to be made in accordance with the contract documents, subject to a retention of $78,674.80. Approved by: ---'"'~~ "=~ William R. Kelly, City Manager PM:GFL:dw Attachment: Location Map 2001-2002 STREET REHABILITATION AND UTILITY LINES REPLACEMENT o~ a ~ _ s a < ~ EI !ne ~ Ave. GmENwAw. ~ Slxn e n &. PROJECT LOCATION o mso~*A~ NORTH ' ~ ~ . ~ ~ Hx+M~ort+e roomu~nirs r~% ~A ~ FmNlll BI. IH110 pyp~rylG Coloretlo ' b~ Yn&. ~ ~ a ~~~,. ~ h~ _ i ~~ Me 6 ~ ~~ ~ Q Q ~ Q Q H~mmaw~a. ~ ~ ~ € c p o ou~ ~' ~ ~ aa : a °'~. ~~s ': ~S 6 ~ °~en. -y 3 N ~~ ~ : ~ ' ~tit~±- b +~ ~ ~ ~ n~ ` ~ ~ : ~i e ~ ° # -'~~~ ~~"~ ~ ~ 4 x ~ yf ~. 5 a kc~nnS~el~`~ ~y a~ i ~~}~~ 3.~' ~ 1 •~ ~ ~ a ; ADDITIONAL CONCRETE ~~ ~ ; '. ~ °~~~ ~~ E~,. / ~ a~ WORK RELATED TO THE ~ ~~ ~ ~~" ~ ~° '~~aw~a,, " ~$ SLURRY SEAL CONTRACT. C` nrunuoc iNSO.ka°° ~~0 ~ g~ d° ~~t q P F Poatl fim ep~ / ep> ~~ LOCATION MAP NO SCALE : _.-..-_--•' ~ ~~-.r C.o-»-~~. ~ ~ Oo1 ~/ ~~~' 00~ `76. fJYip~~~,i~~ ~/D7ln ; ,,P!rl!9 ~~a.y~,~ STAFF REPORT Development Services Department DATE: February 18, 2003 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Dir ct yr~ Philip A. Wray, City Engineer/Engineering Services Administrator~G.~ I lV" By: Tim O. Kelleher, Senior Engineering Assistant'~ SUBJECT: Final Acceotance - Landscaoe Improvements at Fire Station 107 Recommendation: Accept all work performed by DWIA Contracting as complete and authorize final payment to be made in accordance with contract documents SUMMARY At its August 20, 2002 meeting, the City Council awarded a contract to DMA Contracting in the amount of $87,374.60 for Landscape lmprovements at Fire Station 107. Council also made an additional appropriation of $11,015 of Capital Outlay Funds to cover all costs associated with the project. Change Orders were issued during'this project in the amount of $1,300.50. The contractor has successfully completed the roject and staff is recommending that Council accept the project as complete and aut~orize staff to pay the 10% retention in the amount of $8,867.51. ~, DISCUSSION Fire Station 107 is on Orange Grove Avenue located in a residential neighborhood. The ' structure is 53 years old and needed various upgrades to make it more functional and aesthetically compatible with the surrounding neighborhood. Upgrades were to be done in three phases. Phase One (already completed) was to improve the living and working quarters with an addition and various interior improvements. Phase Two would begin the exterior improvements by painting and a new roof. Phase Three would complete the upgrades with landscaping improvements. In the 2001-02 Capital Improvement Projects' budget, Council approved $114,000 of Capital Outlay Funds to do Phases Two and Three. After the completion of Phase Two, LASER IMAGED ~/~, ~ ~ CON (Y~F~-• ~ ~-; _ - , _ Mayor and. City Council Staff Report ~ February 18, 2003 t Page Two there inras $85;096 remaining; however, the low bid for Phase Three was $87,374.60. To insure all costs were covered, Council appropriated another $11,015 (the difference between the remaining funds from Phase Two and the low bid for Phase Three, plus 10% over low bid for contingencies) from the Capital Outlay Funds. The project was designed by LMA & Associates, a landscape architectural firm from Glendale. The project involved grading, drainage systems, planter, irrigation system and landscaping. DMA Contracting began work on September 15, 2002 and by October 25, 2002 was 98% complete. DMA was unable to locate several varieties of planting materials as specified; therefore, delaying the final acceptance until now. The following are the change orders increasing the contract with DMA from $87,374.60 to $88,675.10 (1.5%).' Chan e Order #1 Relocate Gas & Water Lines $188.00 Change Order #2 Install PCC Mow Strip and Natu~al River Rock at 5' $705.00 Radius Around Oak Tree Change Order #3 Relocate Valve, Install 2" Flow Meter & Install Cast $440.00 Iron Drain Pi e Change Order #4 Provide Labor & Material for River Rock Around Oak' $1,055.00 Tree and Extend Drain Pi e+g0' & 2 Catch Basins Chan e Order #5 Install Downs out Drains $168.50 Change Order#6 DECREASE Item #13 by 4 units 8~ Item #14 by 39 <$1,256.00> units FISCAL IMPACT In the 2001-02 CIP budget, Council approved $114,000 in Capital Outlay Funds to complete Phases Two and Three at Fire Station 107. After the completion of Phase Two, there was $85,096 left to do Phase Three, the landscaping. The low bid for the landscape was DMA Contracting at $87,374.60. City Council appropriated an additional $11,015 of Capital Outlay Funds bringing the available funding to $96,111. Change Orders were issued during this project in the amount of $1,300.50. Considering administration, inspection and construction, the total cost of the project was $90,283 and will be covered by the funds appropriated. ~;`_ --`. Mayor and City Council Staff Report February 18, 2003 : Page Two RECOMMENDATION That the City Council accepts the Landscape Improvements at Fire Station 107 as complete and authorize staff to make the final 10% retention payment of $8,867.51 ; to DMA Contracting. Approved By: ,__-=-~ WILLIAM R. KELLY, CITY MANAGER DP:PAW:TOK:pa oa(l8'app3 ~ l~a~oi ~- ~raye.r f~ce,mlc~~,s-~~ ryc~+rOa~T~~','~ STAFF REPORT Office of the City Manager DATE: February 18, 2003 TO: Mayor and City Council FROM: William R. Kelly, City Manager ~~ SUBJECT: 2004 MAYOR'S PRAYER BREAKFAST Recommendation: Designate Council Member Dr. Sheng Chang as the hosUMayor for the 2004 Mayor's Prayer Breakfast SUMMARY At the January 21, 2003 City Councii meeting, staff was directed to place on an upcoming agenda an item designating Council Member Dr. Sheng Chang as the host of the 2004 Mayor's Prayer Breakfast. BACKGROUND In April of 2002, based upon the fact that 2003 would be a unique year of celebration for Arcadia and the desire to allow each Council Member to serve as Mayor during this historic time, the City Council adopted the following schedule for Mayor's rotation: April 16, 2002 until the second meeting of April 2003: Gail Marshall (including hosting the 2003 Mayor's Prayer Breakfast) Second meeting of April 2003 until the second meeting of July 2003: Sheng Chang Second meeting of July 2003 until the second meeting of October 2003: Gary Kovacic Second meeting of October 2003 until the second meeting of January 2004: John Wuo Second meeting of January 2004 until the second meeting of April 2004: Mickey Segal ~ The person next in line automatically moves into the position of Mayor Pro Tem at rotation. LASER IMAGED ~~~~. ~-~. Mayor and City Council - 2004 Mayor's Prayer Breakfast February 18, 2003 Page 2 DISCUSSION At the January 21, 2003 meeting, the City Council directed staff to prepare a discussion item concerning designating Council Member Dr. Sheng Chang as the host/Mayor for the 2004 Mayor's Prayer Breakfast. RECOMMENDATION 14 is recommended that the City Council designate Council Member Dr. Sheng Chang as hosUMayor for the 2004 Mayor's Prayer Breakfast. ;,a;; ; .)ry :+~ I ~ . .:1 ( ~.~~/~~J .. -_.;, RESOLUTION N0. 6339 da ~l b/~oe3 Qe~. ~,33~ W~~d qda~~,~.~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCP.DIA, CALIFORNIA, DECLARING THAT WEEDS GROWZNG UPON AND IN FRONT OF, AND BRUSH, RUBBISH, REFUSE, AND DIRT UPON AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE AHATEMENT THEREOF (PUBLIC HEARING MARCH 4, 2003) THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION l. That, pursuant to the provisions of Articles 1 and 2, Chapter 13, Part 2, Division 3, Title 4, of the California Government Code, Sections 39500 to 39588, inclusive, and evidence received by it, the City Council of the City of Arcadia apecifically finds: SECTION 2. That weeds growing upon the streets and sidewalks in front of said property hereinafter described are weeds which bear seeds of a wingy or downy nature or attain such large growth as to become a fire menace to adjacent improved property when dry, or which are otherwise noxious and dangerous. SECTZON 3. That the preaence of dry grass, stubble, refuae, or other flammable materials are conditions which endanger the public safety. SECTION 4. That by reason of the foregoing fact, the weeds or dry grass, stubble, refuse, or other flammable material growing or existing upon the private property hereinafter described, and upon the streets and sidewalks in front of said property constitute a public nuisance and should be abated as such. SECTION 5. That the private property, together with the streets and sidewalks in front of same herein referred to, is more particularly ~ LASER IMAGED S~ described as follows, to-wit: That certain property described in Appendix "A" attached hereto and by this reference made a part hereof as though set forth in full at this point. SECTION 6. That pursuant to the findings of fact, by this Council heretofore made, that the weeds or dry grasa, stubble, refuse, or other flammable material in and upon and in front of the real property hereinbefore described constitute and are hereby declared to be a 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 or dry grass, stubble, refuse, or other flammable material and ehall cauae noticea to be given to each property owner by United States Mail and said notice sha11 be substantially in the following form to-wit: SECTION 7. That the Agricultural Commissioner is hereby authorized and directed to recover its coats of inspection of the properties hereinabove described in a manner consistent with prior action of its Board adopting a fee schedule for auch inspections. The recovery of these costs is vital to the ongoing operation governing the identification and abatement of thoae properties that constitute a public nuisance and endanger the public safety. ~ SECTION 8. Property owners are advised that regrowth after first removal should not be permitted; otherwise City crews may clear regrowth. SECTION 9. That Tuesday, the 4th day of March, 2003 at the hour of 7:00 p.m. of eaid day is the day and hour, and the Council Chambers of the City Council of the City of Arcadia at the City Hall is fixed by this City Council as the place, when and where any and all property owners having any objections to the aforesaid proposed removal of weeds or dry grass, stubble, refuse, or other flammable material may appear before the City Council and 2 ahow cause why said weeda or 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. SECTION 10. That the City Clerk shall certify to the adoption of this resolution, and the notices to destroy weeds or 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 (10) daye prior to March 4, 2003. PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF FEBRUARY, 2003. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: ~ ~? v../-"'v~.. ~ ICy~-Q~ City ttorney, City of Arcadia 3 LW13 LOS ANGELES COUNTY DECLARATION LIST PAGE 541 IN SEQUENCE BY WEED-KEY, THEN PARCEL UNIMPROVED ZONE CODE STREET ADDRESS DATE 12 18 02 PARCEL N0. KEY 035 1725 S. BALDWIN - BRIAN WU 5383 030 016 5 7 035 SANTA ANITA CYN RD. - W ILLIAM MARTIN 5765 002 012 6 7 035 SANTA ANITA CYN RD. - W ILLIAM MARTIN 5765 002 013 5 7 035 HIGHLAND VISTA DR. - BROWN TRUST 5765 011 011 8 7 035 H~GHLAND OAKS DR. - VIDA TRUST 5765 030 010 9 7 035 MONTEREY PINES DR. - J JASKA & B KILBOURNE 5771 032 002 7 7 035 MONTEREY PINES DR. - CHANG & CHANG 5771 032 003 6 7 035 TORREY PINES DR. - CHUONG HUA 5771 032 004 5 7 035 TORREY PINES DR. - R WEI & C BLUTH 5771 032 005 4 7 035 TORREY PINES DR. - S GILL & R KHOSA 5771 032 006 3 7 035 TORREY PINES DR. - BLUTH TRUST & C BLUTH 5771 032 007 2 7 035 TORREY PINES DR. - BLUTH TRUST & C BLUTH 5771 032 008 1 7 ~35 TORREY PINES DR. - H CHUNG & C BLUTH 5771 032 010 7 7 035 WHISPERING PINES DR. - VICTOR & CONNIE WANG 5771 032 012 5 7 035 WHISPERING PINES DR. - BLUTH TRUST 5771 032 013 4 7 035 WHISPERING PINES DR. - VICTOR & CONNIE WANG 5771 033 003 4 7 035 TORREY PINES DR. - YAWAY ENTERPRISES & C BLUTH 5771 033 006 1 7 035 380 TORREY PINES DR. - YAWAY ENTERPRISES & C BLUTH 5771 033 007 0 7 035 TORREY PINES DR. - BLUTH TRUST 5771 033 015 0 7 035 TORREY PINES DR. - BLUTH TRUST 5771 033 016 9 7 035 TORREY PINES DR. - LIAN LI 5771 033 017 8 7 035 131 N. FIFTH AVE. - FIFTH AVENUE GROUP LLC 5773 009 071 9 7 035 SANTA CLARA Sl'. - DAHLGREN TRUST 5775 025 025 0 7 035 1045 W. HUNTINGTON DR. - PBR REALTY LLC 5777 036 002 2 7 035 201 E. DUARTE RD. - MEILOON INVESTMENT & DEV LLC 5779 018 040 2 7 035 LEROY AVENUE - KOLOVOS TRUST 5784 020 014 3 7 035 NORMAN AVE. - L E NASSANEY & J SUMMERS 5788 014 013 3 7 035 CLARK ST. - LIVINGSTON GRAHAM INC 8532 016 001 5 7 035 CLARK ST. - LIVINGSTON GRAHAM INC 8532 016 003 3 7 035 CLARK ST. - LIVINGSTON GRAHAM INC 8532 016 004 2 7 035 11826 THE WYE ST. - J HATFIELD 8532 016 007 9 7 035 CLARK ST. - HOPE SHINE INVESTMENTS GRP LLC 8532 016 023 9 7 035 GOLDRING RD. - CONSOLIDATED ROCK PRODUCTS CO 8532 017 009 5 7 035 GOLDRING RD. - MAX GOLDRING TRUST 8532 017 01 S 4 7 035 GOLDRING RD. - MAX GOLDRING TRUST 8532 017 057 6 7 035 GOLDRING RD. - SAMUEL KARDASHIAN 8532 018 005 7 7 035 GOLDRING RD. - SAMUEL KARDASHIAN 8532 018 011 9 7 035 GOLDRING RD. - WANG ASSOCIATION 8532 018 021 7 7 035 TORREY PINES DR. - BLUTH TRUST & C BLUTH 5771 032 011 7 035 DEARBORN ST. - LIVINGSTON GRAHAM INC 8532 016 022 7 WEED KEY 7 TOTAL VACANT/IMPROVED RECORDS 0 WEED KEY 7 TOTAL UNIMPROVED RECORDS 40 WEED KEY 7 TOTAL RECORDS 40 APPENDIX "A" \ /. Clty Of Arcadia February 19, 2003 Office of the County of Los Angeles Department of Agricultural Commissioner and Weight and Measures City Clerk 12300 Lower Azusa Road Arcadia, CA 91006-5872 Re: Adoption of Arcadia Resolution No. 6339, declaring abatement of June D.Alford certain public nuisance' on private Arcadia property City Clcrk Dear Commissioner Fiksdal; The City Council of the City of Arcadia, at its February 18th regular meeting, adopted Resolution No. 6339 entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DECLARING THAT WEEDS GROWING UPON AND IN FRONT OF, AND BRUSH, RUSBISH, REFUSE, AND DIRT UPON AND IN FRONT OF CERTAIN PRIVATE PROPERTY IN THE CITY ARE A PUBLIC NUISANCE, AND DECLARING ITS INTENTION TO PROVIDE FOR THE ABATEMENT THEREOF (PUBLIC HEARING MARCH 4, 2003) A ceitified copy of Resolution No. 6339 is enclosed for your files. Sincerely, ~ "~. n~e D.~Alford ~ City Clerk ~~ 240 Wut Hunungton llrivc Post Office Box 60021 Arcadia, CA 91066-6021 (626)574-5455 (626) 447-7524 Faz