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HomeMy WebLinkAboutNovember 4, 2003CITY 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 November 4, 2003 45:0202 The City Council and Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, November 4, 2003 at 6:00 p.m. in the Council Chambers Conference Room. ROLL CALL PRESENT: Council /Agency Members Chang, Kovacic, Marshall, Segal and Wuo ABSENT: None AUDIENCE PARTICIPATION None. At 6:05 p.m. the City Council /Agency RECESSED to Closed Session. 1. CLOSED SESSION 1a 1b. Pursuant to Government Code Section 54956.9(c) to confer with legal counsel regarding potential litigation — one (1) case. Conference with Real Property Negotiations (Government Code Section 54956.8) Property: Property Owner: 55 West Huntington Drive Paul Rusnak 21 Morten Place Hann Ling Shaw (Church of Arcadia) 28 West Santa Clara Don and Ray Dahlgren 41 West Huntington Drive Robert Johannsen 35 West Huntington Drive Gary and Dan Braun (35 W. Huntington Dr.) 27 West Huntington Drive Richard Fisher (Tempelkadien) The Closed Session ENDED at 6:45 p.m. and the Study Session COMMENCED in the Conference Room of the City Council Chambers. 2. STUDY SESSION Council briefly discussed the five- minute time limit per person during audience participation and public hearings at Council meetings. Mayor Wuo noted that he would continue promoting the five- minute time limit for people in the audience to address the City Council. 1 LASER IMAGED 11/4/03 45:0203 2a CE13f1FICAlES In response to the City Council direction to look into changing the design of City certificates AND and proclamations, staff retained an artist to draft a design that incorporates three major PROCLAM� Arcadia symbols: the peacock, an oak tree and the azalea. It was noted that the current certificate design has been in place for at least ten years. There are over 1,000 certificates /proclamations in stock, with a value of at least $1,000.00, which could be used for less ceremonial activities, and the proposed new certificates would be presented at formal activities. The cost could not be determined until a final design and quantity is decided: The printer's preliminary estimate is between .75 cents and $1.25 per certificate. Following the staff presentation, it was MOVED by Councilmember Marshall, seconded by Councilmember Chang and CARRIED on roll call vote as follows to DIRECT staff to change the design of City certificates and proclamations as set forth in the November 4, 2003 staff report; and, produce 1,000 new certificates and proclamations in a size the computer will accommodate in order to print the certificates and proclamations; and, use a dark green color for the background. AYES: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None The City_Council RECESSED at 6:54 p.m.; and RECONVENED in the Council Chambers for the Regular Meeting at 7:00 p.m. INVOCATION Rabbi Alan Lachtman, Temple Beth David PLEDGE OF David Lee ALLEGIANCE ROLL CALL PRESENT: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo ABSENT: None 3. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS City Manager Kelly noted a correction of the title of Consent Item 11d. The ordinance number should be changed to 2184. City Attorney Deitsch announced the subjects discussed at the earlier Closed Session. No reportable action was taken. ORD. & RES. It was MOVED by Mayor Pro tem Segal, seconded by Councilmember Marshall and READ BY CARRIED that ordinances and resolutions be read by title only and that the reading in full be TITLE ONLY WAIVED. PRESENTATIONS 4. PROCLAMATION Mayor Wuo presented a Proclamation to Arcadia Festival of Bands, declaring the month of (Arcadia November 2003 as Arcadia Festival of Bands Month. David Lee, Chairman accepted the Festival of Proclamation on behalf of the band members. Bands) •r r? P• ,, ! ., .., n 11/4103 2 45:0204 5. CITIZEN.OF Mayor Wuo presented the November 2003 Citizen of the Month Certificate to Mickey Ball, an THE MONTH active participant in the Arcadia scene for decades and a welcome and valuable asset to her CERTIFICATE numerous community endeavors which included four -years as a member of the Centennial (Mickey Ball), Historical Committee. The Mayor noted that she can be proud of her part in the selection of the motif for the Centennial afghan; the note cards featuring pen and ink drawings by students from Arcadia High School; and, the collection of recipes and publication of the Centennial Cook Book. 6. CITIZEN OF Mayor Wuo presented, the November 2003 Citizen.,of the, Month Certificate to Robert THE MONTH Harbicht, President of Arcadia Rotary Club. Arcadia Rotary worked in conjunction with the CERTIFICATE Monrovia and Sierra Madre clubs and other friends of scouting to help in the construction of (Arcadia Fort Trask, with 80 -85% of the work being completed by Arcadia Rotary. The facility, which Rotary) Is located in Monrovia's Canyon Park, serves 5,000 young people per year for periods ranging from one day -to one week. -Fort Trask was turned over to the Boy Scouts on October 19, 2003. 7. PUBLIC HEARING 7a: APPEAL TO On October 22, 2002, the Planning Commission adopted Resolution No. 1681, granting THE PLNG Conditional Use Permit (C.U.P.) 2002 7018 and approving the architectural design review for COMSN. a new CVS drug store at 9952 Las Tunas Drive. DENIAL — ADR 2003 -051 Condition No. 5 of Resolution 1681 required that the two freestanding pylon signs that were (9952 Las originally proposed for the CVS drug store be replaced with monument signs not exceeding Tunas Drive) 6' -0" in height. Staff recommended this condition because the City's Architectural Design (DENIED) Guidelines encourage monument signs for new construction and renovations. Also, it was staffs opinion that the original proposal for one of the pylon signs to be on Baldwin Avenue would promote visual clutter within the area since it would be approximately 125 feet south of the existing freestanding sign of the neighboring, eating establishment (EI Pollo Loco), located at the southwest corner of Las Tunas and Baldwin Avenue. On July 15, 2003, the applicant submitted Architectural Design Review Application No. SADR 2003 -051 for a,-proposed freestanding, multi- tenant pylon sign which would be primarily for the new CVS drug store at 9952 Las Tunas Drive, The application was denied by the Development Services Department on July 31, 2003, because of its non - compliance with Condition No. 5 of Planning Commission Resolution No. 1681. The applicant filed an appeal of staffs denial to the Planning Commission. On September 23, 2003, the Planning Commission considered the appeal at which time the applicant informed the Commission that it was his contention that the existing freestanding sign for the neighboring eating establishment would be removed if the proposed pylon sign were approved. The applicant could not confirm that the removal of the sign had been discussed with the owner of the eating establishment. The appeal was denied due to a split vote of 2 to 2 with one member absent. Two commissioners concurred with staffs recommendation to deny the appeal, and two supported the appeal because they felt that the approval would constitute an appropriate use and development of the property provided that the freestanding sign for El Pollo Loco be removed. On September 30, 2003, the, applicant filed an appeal to the City Council regarding the Planning Commission's action because CVS Pharmacy believes that the Commission's decision was impaired by the absence of one Commissioner. , 1114/03 45:0205 ' It was noted that the proposed multi- tenant pylon sign is intended to replace a previously approved monument sign on Baldwin Avenue. Its overall height would be 20' -0" with a sign area of approximately 94 sq. ft. per face; whereas, the monument sign that was permitted under C.U.P. 2002 -016 would be no greater than 6'-0" in height with a sign area of approximately 22 sq. ft. per face. The design of the proposed sign is massive in comparison with the existing El Pollo Loco sign, which is 16' -0" in height with a smaller sign area and support base. The Development Services Department recommended denial of Architectural Design Review Application No. SADR 2003 -051. However, if the City Council moved to approve SADR 2003 -051, staff recommended the conditions of approval set forth in the November 4, 2003 staff report. Mayor Wuo OPENED the Public Hearing. Douglas Merritt 3699 West Lathrop, South Bend, Indiana, referred to CVS signage previously approved. These signs are designed to provide information to motorists and must be adequate in size. The proposed signs are more like directional signage. The existing pole sign is 16' high, and'the proposed sign is 20' high located along Baldwin Avenue. Mr. Merritt noted that his company worked with the El Pollo Loco corporate and franchise owner on an agreement to remove the current sign on Las Tunas Drive and replace it with a shared combination 'sign at the Baldwin Avenue entrance. ` The second sign for CVS Pharmacy would be on Rowland Avenue and Las Tunas Drive. It was MOVED by Councilmember Segal, seconded by Councilmember Marshall and CARRIED to CLOSE the Public Hearing. In response to a Council question it was noted that staff is working toward addressing the massive appearance of pole signs and eliminating pole signs for most businesses from the code and only allow monument signs. The pole or pylon signs have a great potential to be cluttered. Staff also`noted' that the City Council adopted a resolution that states that monument signs are the City's'preference for signage and not pole signs. Considerable discussion ensued. Some members felt that the proposed monument sign would not be visible from Baldwin Avenue and preferred a new nice looking pylon sign displaying:the logos of three businesses: CVS Pharmacy, El Pollo Loco and Foster Freeze. Others felt that the new proposed sign is too big and were concerned that the pole sign would create sign clutter in that area It was MOVED by Councilmember Kovacic, seconded by Mayor Pro tem Segal and CARRIED on roll call vote as follows to DENY the appeal based" on the finding that the proposed project is not architecturally acceptable and uphold the Development Services Department denial of SADR 2003 -051. AYES: Councilmembers Kovacic, Segal and Wuo NOES: Councilmembers Chang, Marshall ABSENT: None AUDIENCE PARTICIPATION Dave Wilcox Treasurer, 44th Assembly District Republican Central Committee, and a State Assembly candidate introduced himself and asked for the help of the City Council on a possible ballot initiative to eliminate the vehicle license fee, which is not a tax. He felt that passing this bill would give local governments a more stable source of funding from sales 4 11/4/03 45:0206 tax which, is constitutionally protected. 8. MATTERS FROM ELECTED OFFICIALS MARSHALL Councilmember Marshall expressed appreciation to Mr. Lee for his time and effort in putting (Lee, Ball & together the bandseview. She also congratulated Mickey Ball, the recipient of the Citizen of Rotary'Club) the Month Award and the Arcadia Rotary Club upon completion of the Boy Scout Fort Trask. (Lucky Baldwin Ms. Marshall thanked the City Hall employees for all their hard work on the Lucky Baldwin Picnic) Day Picnic. It was a wonderful event. (Food for Ms. Marshall shared a food for thought, "live your life in the manner that you would like your Thought) kids to live theirs" SEGAL Mayor Pro tem Segal congratulated tonight's honorees and expressed appreciation to City (Honorees & staff for a wonderful job on the Lucky Baldwin Picnic. City Staff) (Fire) Mr. Segal expressed appreciation to the Arcadia Fire Fighters and all the other fire fighters who were involved in the fires last week. He noted that the City truly got to see how important the fire fighters are and the effort that they make to protect both property and people. (Breeder's Mr. Segal congratulated the Oak Tree Association and Santa Anita for the Breeder's Cup Cup) Day. It was a great event and certainly a great showcase for the community. CHANG Councilmember Chang expressed congratulations to recipients of the Citizen of the Month (Award Awards, Mickey Ball and the Arcadia Rotary Club. He also thanked David Lee for his hard Recipients) work on the Festival of Bands. (Fire) Dr. Chang saluted the brave firemen for their devoted effort to save the lives of people and property during the California fires. (Hale & Dr. Chang referred to a letter addressed to Police Chief Hinig, complimenting Police Officer Pawlicki) Mike Hale and Scott Pawlicki for their assistance. (Breeder's Dr. Chang congratulated Santa Anita Race Track for Breeder's Cup Day, and expressed Cup) appreciation to Mrs. Ruth Glib and 250 volunteers who helped that day. (Highlander Dr. Chang congratulated the Highlander's Homeowner Association for publishing a HOA) newsletter with lots of important information regarding community events. (ARB) Councilmember Chang advised that the Homeowners Association's Architectural Review Boards, are, not only advisory committees, they have decision power and once they make a decision, the property owners have to obey it, unless they appeal KOVACIC. Councilmember Kovacic endorsed all the kind words offered to the honorees tonight, and the (Award community picnic and public safety employees. Recipients, Picnic & Safety Employ.) 5 11/4/03 48:0207 (Arcadia Mr. Kovacic complimented the Arcadia Centennial Historical Committee for publishing Snapshots of book entitled "Arcadia Snapshots of History" and encouraged everyone to purchase it. History) (AHS Mr.,Kovacic.thanked the Council and City for allowing the Arcadia High School Constitution Constitution Team to use the Council Chambers to practice for the State National Competition. Team) WUO Mayor Wuo expressed appreciation to City Manager Kelly and City staff for a wonderful and (Picnic) successful community picnic. He also thanked all the service clubs and organizations that participated in this event. (Xu and He) Mayor Wuo congratulated the Mayor's Spelling Bee winner, Christine Xu, from Highland Oaks Elementary School and second place winner, Jessica He, Hugo Reid Elementary School. (Centennial Mayor Wuo thanked Carol Libby for presenting each Councilmember with an "Arcadia Celebration Snapshots of History" book. He also expressed appreciation to the Historical Committee of Commission) the Centennial Celebration Commission for donating $1,161:00 for restoration of the Hugo Reid Statue. (Events) Mayor Wuo announced some of the activities for the month of November: Veterans Day, November 11th; Westfield Works Wonders, hosted by Westfield ShoppingTown November 16th; and, the intercultural Dinner hosted by the Arcadia Chamber of Commerce and Arcadia Unified School District, November 19, 2003. ALFORD . City Clerk June 'Alford announced that a City election will be +held on April 13, 2004. (City 1 Nominations for this election will open for two members of the City Council and a City Clerk Election) on December 22, 2003. 9. THE CITY COUNCIL RECESSED TO ACT AS THE ARCADIA REDEVELOPMENT AGENCY ROLL CALL PRESENT: Agency Members Chang, Kovacic, Marshall, Segal and Wuo ABSENT: None AUDIENCE PARTICIPATION None. 10. CONSENT ITEM 10a. MINUTES It was MOVED :by Agency Member Segal, seconded by Agency Member Kovacic and (Oct. 7 & CARRIED on roll call vote as follows to APPROVE the Minutes of October 7, 2003 and Oct 21, 2003) October 21, 2003 Regular Meetings. AYES: Agency Members Chang, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None ADJOURNMENT The meeting of the Arcadia Redevelopment Agency ADJOURNED to November 18, 2003 at 6:00'p:m., in the Council Chambers Conference, Room. 11/4103 45:0208 THE CITY COUNCIL RECONVENED CONSENT ITEMS 11a. MINUTES (Oct. 7 & Oct. 21,2003) 11b. ORDINANCE NO. 2176 (3 -YR Term Extension — Adelphia Comm.) 11 c. ORDINANCE NO. 2182 (Parking Dist. Comsn.) 11 d. ORDINANCE NO. 2184 (1 YR Time Limit Ezten. — Central Redev. Plan & Agency's Receipt of Tax Increment) 1le.. CONTINUE EMERGENCY ACTION (Underground Tanks — City Service,Ctr. & Fire Stations 105 & 106) 111f. APPROVED the Minutes of the October 7, 2003 and October 21, 2003 Regular Meetings. ADOPTED ORDINANCE NO. 2176 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING APPROVAL OF A THREE -YEAR TERM EXTENSION TO ADELPHIA COMMUNICATIONS CORPORATION, PURSUANT TO SECTION 4 OF THE CABLE TELEVISION FRANCHISE AGREEMENT (ORDINANCE NO. 2084) AND AMENDING SECTION 3(A) OF THE FRANCHISE ACCORDINGLY." INTRODUCED ORDINANCE NO. 2182 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,. DISSOLVING THE PARKING DISTRICT COMMISSION." INTRODUCED ORDINANCE NO. 2184 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA EXTENDING FOR ONE YEAR THE TIME LIMIT ON THE EFFECTIVENESS OF THE CENTRAL REDEVELOPMENT PLAN AND THE TIME LIMIT ON THE AGENCY'S RECEIPT OF TAX INCREMENT." DETERMINATION to CONTINUE emergency action with regard to Resolution No. 6385 which was adopted August 19, 2003, and authorized an emergency contract to remove underground tanks and install above ground tanks and /or related facilities at the City Service Center and Fire Stations 105 and 106. ACCEPT ACCEPTED all work performed by Gentry Brothers, Inc. for the construction of curb, gutter, WORK - and sidewalk on Centennial Way Project as complete; and, AUTHORIZED final payment to (Curb, Gutter be made in accordance with contract documents. & Sidewalk Const. — Centennial Way) 7 1114/03 4510209 " 11g. ACCEPT ACCEPTED all work performed by Gentry Brothers, Inc. for the street rehabilitation of WORK Northbound Baldwin Avenue and Huntington Drive as complete; and, AUTHORIZED final (St. Rehab. payment to be made in accordance with the contract documents. Norhtbound Baldwin Ave: & Htg. Dr.) 11 h. ACCEPT ACCEPTED all work performed by DMA Greencare. Contracting for the construction of WORK landscaped median on Huntington Drive between Morlan Place and Santa Anita Avenue (Landscaped project as complete; and, AUTHORIZED as complete 'final payment to be made in Median Const = accordance with contract documents. Htg. Dr.) 11i 1YR AWARDED a one (1) year contract extension in the amount of $36,000.00 to Daniels Tire CONTRACT Service for the purchase of tires and associated accessories for the City vehicles. EXTENSION (Tires & Assoc. Accessories — City Vehicles) . 11j. PROF. SVCS. AWARDED Professional Services Agreement in the amount of $72,026.00 to Civiltec AGREEMENT Engineering, Inc. for engineering design services for the design of Camino Real and Sixth (Design Avenue` Sewer Relief Line; and AUTHORIZED the City Manager - and City Clerk to Camino Real & EXECUTE a contract in a form approved by the City Attorney. Sixth Ave. Sewer Relief Line) . 11k ACCEPT ACCEPTED all work performed by 4 -Con, Engineering, Inc. for the Arcadia Skate Park and WORK Rehabilitation of Bonita Park Project as complete;. and, AUTHORIZED final payment to be (Bonita Park — made in accordance with the contract documents, subject to a retention'of'$54,607.56. Arcadia Skate Park) THE PRECEDING CONSENT ITEMS 11a, b, c, d, e, f, g, h, i, j and k APPROVED ON MOTION BY COUNCILMEMBER CHANG SECONDED BY COUNCILMEMBER MARSHALL, AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT:', None ADJOURNMENT At 8:47p.m. the City Council Regular Meeting ADJOURNED to November 18, 2003 at 6:00 (Nov. 18, 2003) p.m. in the Council Chambers Conference Room for a Regular Meeting to conduct the business of the City Council- and Arcadia Redevelopment Agency and any Closed Session necessary to discuss personnel, litigation matters or evaluation of properties. w _ Ju a D. Alfo d, Ci erk 8 11/4/03 ' *°o8p�$.T�9 °° STAFF REPORT Office of the City Manager DATE: November 4, 2003 TO: Mayor and City Council ��� j� FROM: William R. Kelly, City Manager V By: Linda Garcia, Communications, Marketing and Special Projects Manager SUBJECT: CITY CERTIFICATES AND PROCLAMATIONS Recommendation: Provide Direction SUMMARY In response to the City Council's direction to look into changing the design of City certificates and proclamations, staff hired an artist to prepare a draft design that incorporates three major Arcadia symbols — the peacock, oak tree and the azalea. A photocopy of the artist's design is attached; the color version will be shown to you at your meeting. Staff recommends that you provide direction as to whether or not to initiate a change in City certificates and proclamations. BACKGROUND The current certificate design has been in place for at least ten years. We have over 1,000 certificates /proclamations in stock, with a value of at least $1,000.00. If the Council wishes to change to a new design, it would be prudent to wait until the existing inventory has been used. DISCUSSION When the Council asked staff to look into changing the design of certificates and proclamations, the direction was to "jazz them up a bit." Accordingly, the instruction given to the artist (Nancy Norcross - White) was to come up with something that would involve a peacock, an oak tree and an azalea (the City's official, bird, tree and flower), color and 'fine art" or watercolor rather than computer generated art. We are pleased with what Nancy came up with and even if the City Council decides not to use it on certificates, we may try to use it on a City event invitation,. notecards for the City store or some other document. LASER IMAGED . zr Mayor'and City Council— certificates and proclamations November 4, 2003 Page 2 A couple of notes regarding the proposed new design: • When viewing the original artist's concept please keep in mind that this would not be the size of the new certificates and proclamations. In order to be able to print them via computer the size of both items will stay the same as they are today. • The detail and intricacy of color on the original art may or may not transfer to the printing process. • Additional work will need to be done by the artist and the printer to ready the art for printing. • If we go with the design presented to you on Tuesday staff recommends that we move to a lighter color paper stock than what is now used — something along the lines of off white or light cream. • As proposed, the new certificates would not contain any foil stamping and the only City of Arcadia identification would be in the text and on the gold foil sticker that is placed in the bottom left corner (the City seal). We anticipate still mounting the items on thicker paper; however, while the blue backing we currently use for certificates will probably look fine, the red folders used for proclamations will probably not look very good with the new colors and we will therefore need to order new folders. FISCAL IMPACT The fiscal impact cannot be determined until we have a final design and quantity. There are a number of variables including the cost to create final art and turn it into digital form; the number of colors; quality of paper; and printer set =up charges. The printer's extremely preliminary estimate is between .75 and $1.25 per certificate, plus the charge to have the artist prepare final art and the cost of new folders. RECOMMENDATION Staff recommends that the City Council provide direction as to whether or not you would like to change the design of City certificates and proclamations. If the Council wishes to pursue a new design it is recommended that you provide comments /direction as to any changes you want to.see in the proposed concept. Attachment I AR' 0 RP °RaTS ° STAFF REPORT Development Services Department November 4, 2003 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Service Directo By: Donna L. Butler, Community Development Administrator Prepared by: Corkran W. Nicholson, Planning Services Manager SUBJECT: An appeal of the Planning Commission's action in upholding the Development Services Department's denial of Architectural Design Drive. • Recommendation: Deny the appeal SUMMARY The applicant, Kyle Bach, on behalf of CVS Pharmacy is appealing the Planning Commission's action in denying his appeal and upholding the Development Services Department's denial of Architectural Design Review Application No. SADR 2003 -051 for a proposed freestanding, multi - tenant pylon sign for the new'CVS drug store at 9952 Las Tunas Drive. Staff denied, the design review application because the proposed pylon sign violates Condition No. 5 of Planning Commission Resolution No. 1681, which requires that the freestanding pylon signs that were originally proposed for the CVS drug store be replaced with low monument signs not to exceed 6' -0" in height. The Development Services Department is recommending denial of the applicant's appeal. BACKGROUND On October 22, 2002, the Planning Commission adopted Resolution No. 1681, granting Conditional Use Permit (C.U.P.) 2002 -018 and approving the architectural design review for the new CVS drug store at 9952 Las Tunas Drive. This new • development is nearing completion, and should be open for business in a few months. LASER IMAGED Condition No. 5 of Resolution No. 1681 (copy attached) requires that the two freestanding pylon signs that were originally proposed for the CVS drug store be replaced with monument signs not exceeding 6' -0" in height (see the locations for such signs on the submitted "Existing Signage" site plan). Staff recommended this condition because the City's Architectural Design Guidelines encourage monument signs for new construction and renovations. Also, it was staff's opinion that the original proposal for one of the pylon signs to be on Baldwin Avenue would promote visual clutter within the area since it would be approximately 125 feet south of the existing freestanding sign for the neighboring eating establishment (El Polio Loco), located on the southwest corner of Las Tunas and Baldwin Avenue. The current sign regulations allow an additional, freestanding sign on a site, provided that the two signs are 200 feet apart. On July 15, 2003, the applicant submitted Architectural Design Review Application No. SADR 2003 7051 for a proposed freestanding, multi- tenant pylon sign that would be primarily for the new CVS drug store at 9952 Las Tunas Drive. The application was denied by the Development Services Department on July 31, 2003, because of its non - compliance with Condition No. 5 of Planning Commission Resolution No. 1681. The applicant filed an appeal`of staffs denial to the Planning Commission on August 7, 2003, because of his client's desire to pursue having the larger sign for visibility purposes. Also, the applicant believes that the architectural design of the pylon sign is visually harmonious with the surrounding development. . On September 23, 2003, the Planning Commission considered the appeal at which time the applicant informed the Commission that it was his contention that the existing freestanding sign for the neighboring eating establishment (El Polio Loco) would be removed if the proposed pylon sign is approved. The applicant could not confirm that the removal of the sign had been discussed with the owner of the eating establishment. The appeal was denied due to a split vote of 2 to 2 with one member absent. Two Commissioners concurred with staff's recommendation to deny the appeal, and two supported the appeal because they felt that the approval would constitute an appropriate use and development of the property provided that the freestanding sign for El Polio Loco be removed. On September 30, 2003, the applicant filed an appeal to the City Council regarding the Planning Commission's action because CVS Pharmacy believes that the Commission's decision was impaired by the absence of one Commissioner. DISCUSSION The proposed multi- tenant pylon sign is intended to replace a previously approved monument sign on Baldwin Avenue, as shown on the submitted site plan and sign elevations. ,lts'overall height would be 20' -0" with a sign area of approximately 94 sq. ft. per face; whereas, the monument sign that was permitted under C.U.P. 2002- . Appeal November 4, 2003 Paget l 018 would be no greater than 6-0" in height with a sign area of approximately 22 sq. • ft. per face. The design of the proposed sign is massive in comparison with the existing El Polio Loco sign, which is 16-0" in height with a smaller sign area and support base (see the submitted site plan, sign and building elevations). It is staff's opinion that the monument sign, as approved, provides a more appropriate scale in reference to the surrounding development, and is consistent with the City Design Guidelines that were adopted in February 2002. Also, staff believes that the new CVS drug store provides sufficient exterior signing that is clearly visible from the surrounding streets, which should minimize the need for a larger perimeter freestanding sign. A photo board will be provided at the public hearing to show the visibility of the new CVS building. ENVIRONMENTAL IMPACT This project is categorically exempt from the requirement of the California Environmental Quality Act per Section 15311. RECOMMENDATION The Development Services Department recommends denial of Architectural Design Review Application No. SADR 2003 -051. If the City Council should move to • approve SADR 2003 -051, staff recommends the following conditions of approval: 1. That the existing freestanding sign for the neighboring eating establishment (El Polio Loco), which is on the southwest corner of Las Tunas and Baldwin Avenue, shall be removed prior to the installation of the proposed pylon sign. 2. That the proposed pylon sign shall not exceed sixteen feet (16-0 ") in height, which is consistent with the scale of the adjacent building and the same height as the existing El Polio Loco sign. 3. That a landscape and irrigation plan shall be prepared by a licensed landscape architect for the purpose of providing a landscape planter around the base of the pylon sign, which shall be subject to the review and approval of the Community Development Administrator prior to the issuance of a sign permit. 4. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period p rovided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, Appeal November 4, 2003 Page 3 action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its awn option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 5. That SADR 2003 -051 shall not take affect until the owner and applicant have executed an Acceptance Form, available at the Development Services Department, indicating awareness and acceptance of the conditions of approval. FINDINGS AND MOTIONS Approval If the City Council intends to approve the appeal, the Council should find that the proposed sign is architecturally acceptable, move to approve the appeal subject to the conditions set forth above, or as modified by the Council, and overrule the Development Services Department's denial. Denial If the City Council intends to deny the appeal, the Council should find that the proposed project is not architecturally acceptable, move to deny the appeal and uphold the Development Services Department's denial. Approved by: • William R. Kelly, City Manager Attachments:. 1. Applicant's letter of appeal 2. Planning Commission Minutes of September 23, 2003 3. Planning Commission Resolution No. 1681 4. Land use map, 5. Aerial photo with zoning information 6. Preliminary Exemption Assessment 7. Site plan, sign and building elevations Appeal November 4, 2003 Page 4 NATIONAL TOLL FFIEE ?.8M276. =2'822 RAx 5;4,237,.61S September 29, 2003 Development Services Center City of Arcadia Attn: Corkan W. Nicholson Re: Sign Design Review — Application No. SADR 2003 - -0051 9952 Las Tunas Drive Dear members of the development services center: The purpose of this document is to appeal.the. decision of the of the Planning . Commission to approve a multi- tenant pylon sign for the primary use of the new CVS pharmacy located at 9952 Las Tunas Drive. CVSipharrnacy feels that the decision was impaired by the absence of one planning commission member. CVS /pharmacy would greatly appreciate an opportunity to present our situation in front of the City Council to provide additional information and answer any questions that might arise. Thank you for your consideration and efforts. Sin / ce er rely, K �� /6411` Kyle Bach Site Enhancement Services 1- 888 - 276 -7065 o #ga&9 q, 3699 WEST LATHROP SOUTH BEND, INDIANA 46828 9. PUBLIC HEARING SADR 2003 -051 9952 Las Tunas • Kyle Back on behalf of CVS Pharmacy Consideration of an appeal of the Development Services Department's denial for a proposed freestanding, multi- tenant pylon sign. The staff report was presented. Ms. Butler indicated that there have not been any pole signs approved since February. Design guidelines do not promote pole signs. The sign at Sav -On is a monument sign. The City is reviewing the sign regulations and will have a consultant prepare new regulations. The City Council is leaning toward prohibiting pole signs. It is felt that monument signs provide adequate signage and will eliminate clutter. Staff will be looking at alternatives for signage for renovations and new projects. A 6' high monument sign has been standard. Staff has been moving away from pole signs and recommending monument signs. With respect to the sign at Rusnak, she indicated that the monument sign exceeds the height limitation and that was a decision that was made due to the type of use. The Redevelopment Agency felt that would be appropriate. She noted that the new service station at the corner of Foothill and Santa Anita has monument signs as well as the one at the SE corner of Huntington and First. Mr. Nicholson said that the President Square Shopping Center is in the process of remodeling their center and one of the conditions of approval is that the pylon sign be replaced with a low profile monument sign. 0 Chairman Pro Tem Lucas remarked that if they are permitted to have this monument sign then there would be two monument signs in very close proximity to one another; El Polio Loco/Foster Freeze and the new CVS signs. The public hearing was opened. Kyle Bach, 3699 W. Lathrop, S. Bend, Indiana, had a Power Point presentation and explained what was previously approved. He explained that the El Polio. Loco/Foster Freeze sign is 16' high. The proposed share pile one sign would eliminate the one at the comer and also replace the monument sign proposed along Baldwin Ave. The approved monument sign has very limited visibility and is hard to see due to traffic and the landscaping. The proposed signage is at an ideal height. The monument signs are more like a directional sign. The pole signs are necessity and would make it more visible to their customers. Without the sign, there is no initial exposure. These signs are designed to provide information to motorists and must be adequate in size to allow for reaction time; to read and react to it. The existing pole sign is 16' high, and the proposed would be 20' high and located along Baldwin Ave., 100' from the existing monument sign, where it would be more visible. The parking lot south of El Pollo Loco would be the entrance to CVS. Mr. Nicholson clarified that that parking lot is not an actual parking lot for CVS. They have a reciprocal driveway easement for cross over parking. to Arcadia City Planing Commission 13 9123(03 In his Power Point presentation, Mr. Bach showed how his sign would look and showed a small red balloon, representing the monument sign as proposed by staff. He indicated that the sign proposed by • staff would be much too small, as shown in the presentation, for anyone driving on Baldwin to see and compared it with his 20' high pole sign which would be easy to see. Ms. Butler asked if instead of a small red balloon to represent the monument sign, he had any pictures of how a 6'x8' monument sign would actually look. The balloon is not an accurate depictions. In answer to a question by Chairman Pro Tern Lucas, Mr. Bach indicated that they do not have approval from El Pollo Loco and Foster Freeze to remove their sign but he was confident that he would be able to obtain that approval. Mr. Nicholson said that any additional signs would be subject to architectural design review. He explained the proposed wall signs and their location. CVS's original request had an excessive amount of signage and the Planning Commission concurred with staff regarding the signs. Mr. Bach indicated that for someone traveling north on Baldwin Ave., it would be difficult to see the sign as proposed by staff due to the trees and the setback of the building. No one spoke in favor of or in opposition to this item Chairman Pro Tern Lucas closed the public hearing. In reply to a question by Chairman Pro Tern Lucas regarding the Burlington Coat signage, Mr. • Nicholson said that the architectural tower and the proposed signs would replace the two existing free standing signs at the corner of Duarte Rd. and Naomi. The sign on the tower is not approved and will be removed. The sower is part of the building and is not a free standing sign. The proposed signs, at the subject location, have been through the architectural design review process and staff was not aware that the existing pole sign would be removed. This is the first time that staff has been notified of the removal of that sign. Staff is adamant in supporting the current design and strongly encourages monument signs. The comparison of the monument sign to a balloon is an unfair comparison. The proposed building has more than enough signage. Commissioner Wen could understand the applicant's desire to have a 20' high pole sign, especially considering the fact that Big Lots and the gas station, which are both located across the street, have one. He was sympathetic and could see why the applicant would want the exposure. The building is not visible from Baldwin. He asked if staff was firm on their decision? Ms. Butler indicated that all of their signs have gone through architectural design review. Staff feels that they should have a monument sign and not a pole sign similar to other previously approved signs for Sav -On and other uses. Staff is concerned that pole signs create sign clutter. Many cities are encouraging monument signs and shying away from pylon signs. Staff is working toward eliminating pole signs, for most businesses, from the Code and only allowing monument signs. The sign regulations have not been adopted yet and staff is working on hiring a consultant to review the sign code. Chairman Pro Tern Lucas remarked that every property is unique and should be treated as such. He did not believe in sign pollution. They should deal with this property and its unique attributes. This is a residential intersection with four comers of commercial activity. He was concerned with this type of a Arcadia City Planning Commission 14 9/23103 variation. He thought that there was enough of a unique situation to warrant changing the conventional rules. The sign between Duarte and Naomi is big but under the right set of circumstances there is justification. He thought the same type of a reasoning applied here.' He did not think that they should apply standards in this situation that would be applied to large streets. He thought they should give • special consideration to unique situations. He felt that if CVS can remove the El Polio Loco/Foster Freeze sign then this would be a good compromise. In answer to a question by Commissioner Hsu, Ms. Butler indicated that as far as they knew, the pole sign is not being removed, unless it became a condition of approval for this sign. Chairman Pro Tern Lucas indicated that his intent was to remove the pole sign if this would be approved. Commissioner Olson had mixed feelings. He agreed with Chairman Pro Tern Lucas relative to eliminating the one sign. The building is located on Las Tunas and Rowland and not along Baldwin. A 6' high monument sign along Baldwin will suffice. He agreed with staff's recommendations. He felt that it gets tiring seeing these types of signs and then other names are added to it. Mr. Nicholson indicated that they would need a modification due to the proximity of the two signs or if they wanted to increase the size of the pole sign. If approved, they could change the monument sign and require architectural design review. The resolution approving the CUP required that the Planning Commission review it 6- months after it has been in operation, which staff felt would be more appropriate for this request but the applicant did not agree with staff. Ms. Butler explained that any type of free standing signs must be 200' apart. They would need a modification if they were to have a monument sign on Las Tunas. This does not amend the resolution adopted by Planning Commission. If approved, that would be a separate action and would require that all property owners within a 300' radius be notified of the public hearing. Commissioner Wen was concerned that there was no agreement between El Polio Loco and CVS to remove the sign. What would happen if they do not reach an agreement? Ms. Butler said that if the Planning Commission is inclined to approve this then there should be a condition of approval that they reach an agreement. Commissioner Hsu wanted them to comply with the monument sign requirement MOTION: It was moved by Commissioner Lucas, seconded by Commissioner Wen to approve SADR 2003 -051 subject to all the conditions listed in the staff report with the additional condition that the existing pole sign at the corner of Las Tunas and Baldwin be removed prior to construction of the proposed custom pylon signs, and that such approval shall constitute an appropriate use and development of this proper and not cause any detriment to any adjacent propel'. r LJ Arcadia City Planning Commission 15 9123/03 ROLL CALL: • AXES: NOES: ABSENT Commissioners Wen, Lucas Commissioner Hsu, Olson, Commissioner Baderian Due to a tie vote the application is denied. Chairman Pro Tem Lucas noted that there is a five working day appeal period. Appeals are to be filed by September 30` • Arcadia City Planning Commission 16 9123/03 RESOLUTION NO: 1681 A RESOLUTION OF THE PLANNING COMMISSION OF • THE CITY OF ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO. 2002 -018 AND APPROVING ARCHITECTURAL DESIGN REVIEW NO. 2002 -020 TO CONSTRUCT A 13,600 SQ.FT. CVS DRUG STORE WITH A DRIVE -THRU PHARMACY AND TO SELL ALCOHOLIC. BEVERAGES WITHIN 150 FEET OF RESIDENTIAL PROPERTY AT 9952 -9956 LAS TUNAS DRIVE. vVHEREAS, on August 14, 2002, Milestone Management on behalf of the property owner, Larry Worchell, filed an application to construct a 13,600 sq.ft. CVS drug store with a drive -thru pharmacy and to self alcoholic beverages within 150 feet of residential property, Community Development Division Case Nos. C.U.P. 2002 -018 and A.D.R. 2002 -020 at property commonly known as 9952 -9956 Las Tunas Drive; and WHEREAS, a public hearing was held on October 8, 2002, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF • ARCADIA HEREBY RESOLVES AS = OLLOWS: SECTION 1. That the factual data submitted by the Development Services Department n the attached report, dated October 8, 2002, s true and correct. SECTION 2. This Commisson finds for the reasons set forth in the above report: 1. That the granting of such conditional use permit will not be detrimental to the public health or welfare, or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use,.is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping and other features are adequate to adjust said use with the land and uses in the neighborhood. 11 1 1681 4, That the site abuts streets and highways adequate in width and • pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such conditional use permit will not adversely affect the comprehensive General Plan. 6. That the evaluation of the,environmental impacts as set forth in the initial study is appropriate and that the project will have no significant effect upon the environment within the meaning of the California Environmental Quality Act of 1970, and, when considering the project as a whcle, there was no evidence before the City that the proposed project would have any potentially adverse effect on wildlife resources or the habitat upon which wildlife depends, and, therefore, a Negative Declaration was approved. SECTION 3. That for the foregoing reasons this Commission grants Condition Use Permit 2002 -013 and approves Architectural Design Review No A.D.R. 2002 -020, to construct a 13,600 sq.ft. CVS drug store with a drive -thru pharmacy and to sell alcoholic beverages at 9952 -9956 Las Tunas Drive, subject to the following conditions: • 1 . That the hours of operation for the drug store and drive -thru pharmacy shall be limited to 7:00 a.m. to 12:00 midnight. 2. That deliveries and mechanical parking lot sweeping equipment . are limited to 7:00 a.m. to 9:00 p.m. 3. That the final landscaped plan shall be prepared by a licensed Landscape Architect, and subject to the review and approval of the Development Services Department. 4. That the signing on the new building is limited to the name of the business only, with the exception that signing should be allowed for the drive -thru pharmacy. 5. That the proposed freestanding pylon signs are replaced with monument signs not exceeding 6' -0" in height.' The plans for the,new monument signs shall be subject to the review and approval of the Development Services Department. 6. That "NO OVERNIGHT PARKING" signs shall be posted within the site's parking lot per the Police Department standards. 2 1681 7. The parking lot shall be well lighted. Plans and specifications are to be submitted for review and approval by the City Engineer and Chief of Police prior to • occupancy. 8. That some form of a security system be installed that would include camera surveillance with videotaping capabilities for inside the business, as well as camera surveillance on the building to monitor the rear parking lot. 9. That the southerly and, easterly building elevations shall provide clear window areas for public safety purposes. 10. That three 36 -inch box trees be planted in cutout areas within the sidewalk area along Las Tunas Drive, and two 36 -inch box trees be planted in cutout areas within the sidewalk area along Baldwin Avenue subject to the review and approval of the Public Works Services Director. 11. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brcught'within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the Citv shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. Approval of C.U.P. 2002 -012 shall not take effect until the property owner applicant have executed and filed the Acceptance Form that is available from the Development Services Department to indicate awareness and acceptance of the conditions of approval. 12. Noncompliance with the provisions and conditions of this conditional use permit shall constitute grounds for its immediate suspension or revocation of said permit. 3 • 1681 13. That Conditional Use Permit 2002 -018 shall not take effect until the owner and applicant have executed a form available at the Community Development Division indicating awareness and acceptance of the conditions of approval. 14. That a trellis over the proposed pedestrian walkway is added to the southerly elevation for •additional visual enhancement and functional design purposes. A revised building elevation that shows the requested trellis structure shall be submitted for the review and approval of the Development Services Department prior to the structural plan check. 15. That the existing landscaped buffer and masonry wa;l alone the site's southerly property line shall remain, and be maintained in an appropriate condition at all times. 16. That the Planning Commission shall review this permit six (6) months after the opening date of the CVS drug store. If any problems are noted the Planning Commission may modify or impose new conditions to mitigate any negative impact. SECTION 4. The decision, findings and conditions contained in this Resolution reflect the Planning Commission's action of October 8, 2002, and the following vote: AYES: Commissioners Baderian, Hsu, Lucas, Olson NOES: None ABSENT: Commissioners Wen SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. E a 1681 I HEREBY CERTIFY that the. forgoing Resolution was adopted at a regular meeting of the Planning Commission held on October 22, 2002 .by the following vote: . AYES: Commissioners Badenan, Hsu, Lucas, Wen, Olson NOES: None ABSENT: None Chairman, Planning Commission City of Arcadia ATT EST--: Secretary, Planni I rl (�ommit'�'i cn City of Arcadia APPROVED AS TO PORNI: Stephen P. Deitsch, City Attorney City of Arcadia • 5 0 1681 N 0 100 200 Feet I Single Family Residendal JZ Duplex S � lopment Services Department Engineering Division Prepared by R. S Conzakz, October 2003 LAS S DR US PHARMACY (5935) (5920) (5931) (620) mm�N ( }710) �s62r) (SUN (5623) i (5621) J- 1, . (615) ( �5611) NAVE -_ - -- _- WORKM ao (2806) 57 r ! Q neae) (n 9952 Las Tunas Drive sADR 2003 459 s r i . (625) (621) (61S 9950) Proposed sign El Polio Loco m. location , � �� � (510) ( }710) �s62r) (SUN (5623) i (5621) J- 1, . (615) ( �5611) NAVE -_ - -- _- WORKM ao (2806) 57 r ! Q neae) (n 9952 Las Tunas Drive sADR 2003 459 s r i yl'V �u7 � S � C R i t 1 , f r , q V q as =1 i LAS TUNAS DR`; �u7 � R t IA N AVE ;, , W- n . SSA, i� 9952 Las Tunas give SAM 2003 -051 PRELIMINARY EXEMPTION. ASSESSMENT • xORr°ast4 °i sex (Certificate of Determination when attached to Notice of Exemption) 1. Name or description of project: An appeal of the Development Services Department's denial of Architectural Design Review Application No. SADR 2003- 051 for a proposed freestanding, multi- tenant pylon sign at the subject location. 2. Location: 9952 Las Tunas Drive 3. Entity or person undertaking project: A. _X_ B. Other (Private) (1) Name: Kyle Bach, on behalf of CVS Pharmacy (2) Address: 3699 West Lathrop ST., South Bend IN 46628 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in • accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b.. The project is a Ministerial Project. C. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. — X — The project is categorically exempt. Applicable Exemption Class: 15311 f. The project is statutorily exempt. Applicable Exemption: g. __ The project is otherwise exempt on the following basis: The project involves another public agency, which constitutes the Lead Agency: Name of Lead Agency Date: Auoust 12, 2003 n U Corkran W. Nicholson Staff 7102 AR CAD IA, CA Las Tunas Dr. & Baldwin Ave ImagePoint, "EXISTING.SIGNAGE �l F� 0 r � l Z m ,\ ay °O Z a� Mr � kk r ' 1 I I I `� ° Existing El Polo Loco Sign -- �� -' -� • fM1OC1F 1 @AM TUN DRIVE e LAS 892 VEH/0A� G ^DT — ----� 1 � I mF.LLIW ® ® l O 7 d PROPOSED IRE ` YTM PI CKUP 000 WNDOW r --l- I Imovft rt. L.._ Arcadia, CA 6 -12 -03 '�d' PROPOSED`SIGNAGE _µ> � `' Proposed Shared Sign ----, TUNAS DRIVE — J . _ mrnxc T C � �p ii V O NZ AN 3C ® M — �m p f 41 PROPOSED RETAIL ♦ r �1 �1 WITH PICKUP WINDOW Z I C - m O ,. ,4 1` 1I ou srz 11 11 r ' 13 T 1 1 1 1111 �� x X51 �t 3= l ANS 8 -7 -2003 CLIENT /STORE #: CVS Imagepoin[,. DRAWN BV CMR CNECKED BT: KB DATE: 6 -12 -03 SHEET: 2 SCALE: NTS I OF: 6 �� EXISTINGnPYL`ON SIGN � 10' -0 II Existing Sign Q 7 Q ° Jp' ` _I f/7EEZE® O I CO x t t . k IF. J �.. .r �9♦ ...E l o'. CA ANS 6- 7.2003 CLIENT(STORE #: CVS Imag@POlnt. DRAWN BY: CMR CHECKED BY: KB DATE: 6 -12 -03 SHEET..3 SCALE: 3/16 " =1' -0" OF:6 Proposed 6' monument sign @ Baldwin Ave. Entrance ',.fi - �APPROVED 2 'MONUMENT SIGNS ,: 8' -5 5' -71� co r' N cvs O � � pharmacy 8' -5" ZD 5 � L N cvs O ZD [7 x pharmacy • CA ANS B -7 -2003 CLIENT /STOREp: CVS Imag8POIf1S- DRAWN BY CMR CHECKED BY: KB DATE: 6 -12-03 SHEET: 5 SCALE: 3/16 " =1' -0" OF:6 . � PROPOSED PYLON SIGNAGE �; Proposed Pylon A: 8'-5" R I L CV8 pharmacy EL Paw s L1�Q. F o � r `R n fE' i f v.Y f k y A y Custom Pylon ANS 8-7 -2003 • CLIENTISTORE #: CVS ImegePolM. DRAWN BY: CMR CHECKED BY: KB DATE: 6-12-03 SHEET.6 SCALE: 114 " =1' -0" OF:6 � L� @� - \ r ® j : \\ §�° « � � Mal ! � � � ( j !| \ .� / 7 \ B \ I ) 2 \ § §� / / 4 |. § \ ) § �� - STAFF REPORT Office of the City Manager November 4, 2003 TO,: Mayor and City Council FROM: William R. Kelly, City Manager By: Cindy Flores, Special Assistant to the City Manager SUBJECT: Ordinance No. 2176 granting approval of a three -year term extension to Adelphia Communications pursuant to Section 4 of the Cable Television Franchise Agreement (Ordinance No. 2084) and amending Section 3(A) of the Franchise accordingly Recommendation: Adopt SUMMARY On October 21, 2003, the City Council unanimously voted to introduce Ordinance No. 2176, extending the Cable Television Franchise Agreement with Adelphia Communications to June 9, 2008. DISCUSSION On March 20, 2001, the City Council determined that Adelphia Communications had met its contractual obligations that would grant a three -year term extension to the original seven -year term granted through Ordinance No. 2084. On October 21, 2003, the City Council introduced Ordinance No. 2176, formally approving that extension. The adoption of Ordinance No. 2176 will extend the franchise term to June 9, 2008. RECOMMENDATION It is recommended that the City Council adopt Ordinance No. 2176, an Ordinance of the City Council of the City of Arcadia, California, granting approval of a three - year term extension to Adelphia Communications Corporation, pursuant to Section 4 of the Cable Television Franchise Agreement (Ordinance No. 2084) and amending Section 3(A) accordingly. LASER IMAGED ORDINANCE NO. 2176 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, GRANTING APPROVAL OF A. THREE -YEAR TERM EXTENSION TO ADELPHIA COMMUNICATIONS CORPORATION, PURSUANT TO SECTION 4 OF THE CABLE TELEVISION FRANCHISE AGREEMENT (ORDINANCE NO. 2084) AND AMENDING SECTION 3(A) OF THE FRANCHISE ACCORDINGLY WHEREAS, on or about June 9, 1998, the Arcadia City Council adopted Ordinance No. 2084 authorizing the City of Arcadia to enter into an agreement granting a nonexclusive franchise to Cablevision of Arcadia / Sierra Madre, Inc. ( "Cablevision ") to operate a cable television system in the City and setting forth conditions accompanying the granting of the franchise (the "Franchise "); and WHEREAS, on or about September 7; 1999, the Arcadia City Council approved a transfer of the Franchise from Cablevision to Century-TCI California, L.P., pursuant to Resolution No. 6134; and WHEREAS, on or about November 3, 1999 the City Council approved a transfer of the Franchise to Adelphia Communications Corporation; and WHEREAS, pursuant to Section 4 of the Franchise, a three (3) year extension shall be granted by the City of Arcadia upon the successful completion and activation of the items described in Sections 15(a) and 15(b) of the Franchise; Im LASER IMAGED , ll b- 1 �, p WHEREAS, on or about March 20, 2001, the Arcadia City Council held a duly noticed public hearing and determined that Adelphia had successfully met the requirements of Section 15(a) and Section 15(b) of the Franchise. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Pursuant to Section 4 of Ordinance No. 2084, the City grants Adelphia Communications a three (3) year extension of the Franchise (Ordinance No. 2084). SECTION 2. Section 3(a) of Ordinance No. 2084 is hereby amended in its entirety to read as follows: "(a). The term of this Franchise shall commence upon June 9, 1998 and shall remain in effect for ten (10) years to June 9, 2008. The Effective Date shall be the date the Certificate of Closing (described below) is issued by the City Attorney. Upon and following, this Franchise Agreement will be a binding agreement, with all rights and privileges vested in the Grantee as described herein." SECTION 3. Following the effective date of this Ordinance, the City Manager or his designee is hereby directed to issue a letter to Adelphia advising Adelphia that the term of the Franchise is hereafter extended pursuant to this 2 Ordinance. SECTION 4. The provisions of this Ordinance are hereby expressly made severable. If any provision(s) of this Ordinance or its application to any person, material, place or circumstance is held to be invalid, that invalidity shall not affect other provisions or application of this Ordinance which can be given effect without the invalid provision or application. SECTION 5. The City, as the lead agency under CEQA, determines that this Ordinance is exempt from any further environmental review pursuant to State CEQA Guidelines section 15378(b) because the Ordinance constitutes a, continuing administrative activity of government and is therefore not a "project" within the meaning of CEQA. Therefore, City staff is hereby directed to file a notice of exemption within three (3) business days following the adoption of this Ordinance. SECTION 6. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. The Ordinance shall take effect thirty-one (31) days after its enactment, in accordance with the provisions of California law. 3 Passed, approved and adopted this 4th day of November 2003. /s/ JOHN WUO Mayor of the City of Arcadia ATTEST: !ems JUNE Do AVOW City Clerk of the City of Arcadia APPROVED AS TO FORM: City Attorney 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2176 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 4th day of November, 2003 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None City Clerk of the City of Arcadia 41 5 � •� °' STAFF REPORT Development Services Department November 4, 2003 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director Sy: Pete Kinnahan, Economic Development Administrator SUBJECT: City Council Ordinance 2182 dissolving the Parking District Commission Recommendation: Introduce DISCUSSION The five (5) member Parking District Commission (PDC) was established in 1956 by the City Council pursuant to the Vehicle Parking District Act of 1943. The PDC administers the ongoing operations of the two (2) parking districts, and prior to FY 2002 -2003 has made recommendations to the City Council to set tax rates for maintenance of the respective districts. Since the City Attorney has advised that continued collection of the maintenance assessment is questionable under Proposition 218, and the two districts have been repaired and re- landscaped extensively in the past two years, the City Council directed staff to consult with the Commission on the future role and responsibility of the Commission. A quorum of the commission (Chairman — Dr. Mahlon Chinn, Members — Gil Stromsoe, Martin Wood) recommended at their September 18 meeting the dissolution of the Parking District Commission. The Members felt that since the maintenance functions were handled routinely by City staff and the Commission could no longer legally recommend a tax rate, there was little, if anything, for the PDC to do. A memorandum summarizing the powers and authority of the Commission is attached (Attachment A). This memo also describes the several projects and improvements the Commission and City Council, at the Commission's recommendation, have implemented. The City Attorney has advised that there is no legal requirement to retain the Commission. It is a policy matter forthe City Council. LASER IMAGED �e i ENVIRONMENTAL IMPACT None FISCAL IMPACT The Commission meets only twice a year (February and June). There will be some minor savings of staff time to prepare the agenda, minutes, and implement any follow - up actions. The Districts have the following reserve funds available: Parking District 1 - $81,000, Parking District 2 - $98,000. When these .funds '(and any interest thereon) are exhausted, payment of ongoing maintenance and capital repairs will be taken from City General Fund revenues. RECOMMENDATION Should the City Council wish to dissolve the Commission, the City Attorney has recommended that the City Council introduce Ordinance 2182 dissolving the Parking District Commission (Attachment B). Approved: William R. Kelly, City Manager n7- `I \ MID MEMORANDUM Development p. July 15, 2003 T0; William R. Kelly, City Manager FROM: Don Penman, Assistant City Manager /Development Services Director 6 y: Pete Kinnahan, Economic Development Administrator SUBJECT: Report on Parking District Commission Per your request, following is a report on the Parking District Commission. It is in two parts — A. Formal authority of the Commission; B. Past practice /informal activities. A. Formal Authority 1) Vehicle Parking District Law of 1943 (Streets and Highways Code, Chapter 8 — Board of Parking Place Commissioners Sections 31770 — 31792) The Mayor appoints up to three (3) members (either three or five members are permitted by statute), for a term of three (3) years subject to confirmation by the legislative body. „ Commissioners shall be persons of business experience and ability,” and may be "an, owner or lessee of property... within the district." "The board of commissioners shall have possession and complete charge, supervision and control of all parking places: (a) Acquired, constructed, and paid for, or be paid for by taxes upon land or real property or assessments upon land in the district. (b) Acquired or constructed for the use or benefit of the district and paid for in any other manner." "The board may operate, manage, and control the parking places and make and enforce all necessary regulations for their use." "The board shall fix, regulate, and collect rentals, fees, or charges for the parking of vehicles in parking places under its control, and may provide different rates for different classes of customers or users." 197r, A William R. Kelly July 15, 2003 Page 2 The board may restrict the parking to owners and tenants in the district. It can establish rentals " rates, and charges for the members or others to use the district or allow it to be-used by the public for free., (The. law was amended in 1969 to increase membership from three to five members and lengthen terms.) 2) City Charter —Article VI II, Section 802 While the Parking District Commission is not specifically named, "the Council may create by ordinance such other boards and commissions as in its judgment are required and may grant to them such powers. and duties as are not inconsistent with the provisions of this Charter." 3) Ordinances establishing the Commission • City Council Ordinance 963 (December 18, 1956) — established Board of Parking Place Commissioners of Vehicle Parking District One, per Vehicle Parking, District Law of 1943 (Part 1; of Division 18. of CA Streets and Highway Code) City Council Ordinance 976 (December 18, 1956) — 'established Board of Parking Place Commissioners of Vehicle Parking District Two (per 1943 Act) • City Council Ordinance" 1128 (June 6; 1961) - abolishes previous Board, creates 3- member Parking Place Commission, per 1943 Act, adds Chapter 2 'of Article II a new Part 8 t the Arcadia Municipal Code (Sections 2280- 2283) • City Council Ordinance 1249 (July 13, 9964)'- increases Parking Place Commission membership to five • City Council Ordinance 1973 (July. 21 1992) Changes name to Parking District Commission • Other ordinances change the meeting date and time (City Council Ordinance 3396, 3551 4166, 5847) 4) Rules and Regulations (Bylaws) — adopted by the Council, August 1992 Section 1 Powers and Duties 'The Parking District Commission shall: "A. Act in an advisory capacity to the City Council in matters pertaining to all Vehicle Parking Districts established within the City under. the Vehicle William R. Kelly July 15, 2003 Page 3 Parking District Law of 1943 as amended, and in accordance with the Charter of the City of Arcadia and other Ordinances and Resolutions of the City. "B. Exercise all of the powers and duties of Parking District Commissioners appointed pursuant to the Vehicle Parking District Law of 1943 and act for all Vehicle Parking Districts established within the City under that Law. "C. Annually, on or before June 30` shall request an estimate of expenditures required for maintenance, operation, repair, and improvement of the parking places under its charge for the ensuing fiscal year, and required during that year for the acquisition of additional parking places, if any. The Commission shall also request the amount of revenues to be derived from rentals, fees, or charges for the use of the parking places and the amount, if any, to be raised by taxation. Such estimates together with other recommendations shall be filed with the City Council prior to the time for levying general taxes. "D. Perform such other duties as may be prescribed by the City Council." B. Past Practice /Informal Authority The Commission generally meets twice a year on the second Thursday of February and June at 12:30 p.m. The actions of the Commission within the last three years have been: • recommend the annual 10¢ per $100 A.V. tax rate for maintenance in Parking Districts 1 and 2 (the assessment was discontinued at the recommendation of the City Attorney, effective FY 2002 -2003 due to Prop. 218 conflicts) • review the plans for and recommend the major re- landscaping of Parking Districts 1 and 2 review and recommend a safety "speed hump" on East Wheeler in front of the post office • review and recommend the parking restrictions and signage (e.g., 30 minute, handicapped) and speed limits in the alley and on East Wheeler (15 mph) • review and recommend changing ballasts in the lights, and the trimming of trees (prior to the re- landscaping project) • review and recommend the striping of additional parking spaces (15) on the east side of Indiana by the railroad tracks I. . _. William R. Kelly July 15, 2003 Page 4 recommend approval, after bids, of the sweeping contractor and the landscaping maintenance contractors recommend approval of the annual Parking Districts 1 and 2 budget review and recommend the reconstruction of the Parking District 1 east lot corner of the alley and Indiana to permit better traffic flow, especially for large trucks The City Attorney has advised that there is no legal reason for the Commission to continue to exist. It is a policy matter for the City Council. . cc: Stephen P. Deitsch �1d, t �!11t \a\ ;;. STAFF REPORT Development Services Department November 4, 2003 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director y: Pete Kinnahan, Economic Development A ministrator Q I S 4 SUBJECT: Adoption of City Council Ordinance No. 2483 - extending for one vea time limit on the effectiveness of the Central Redevelopment Plan and the time limit on the Agency's receipt of tax increment Recommendation: Introduce DISCUSSION In response to the State's fiscal crisis, SB 1045 was signed by Governor Davis requiring all redevelopment agencies to (again) pay a predetermined percentage of their annual tax increment to the Los Angeles County State Education Revenue Augmentation Fund (ERAF) by May 10, 2004. In Arcadia's case this is $155,085. Likely as a concession to this State "take- away" this legislation also permits the City to adopt an ordinance, which extends both the time limit on plan effectiveness and the time limit on the Agency's receipt of tax increment by one year. Permitted by Current Plan SBI045 Limit on plan effectiveness January 25, 2014 January 25, 2015 Limit on receipt of tax increment January 25, 2024 January 25, 2025 The City Attorney has prepared City Council Ordinance 2183 for consideration. Staff recommends it for introduction and adoption. FISCAL IMPACT Adoption of Ordinance No. 2183 will add one more year of tax increment revenue to the Agency. The Agency currently receives about $3 million in annual tax increment. Twenty percent ($600,000) must be spent on low /moderate income housing. Staff would expect an increase of at least 10% in tax increment revenues by 2014 or $3,300,000 ($660,000 to the Low /Moderate Income Housing Set Aside Fund). As a result, the Agency would receive this amount for one additional year. LASER IMAGED RECOMMENDATION It Is recommended that the City Council introduce City Council Ordinance No. 2183, an Ordinance of the City Council of the City of Arcadia, California extending for one year the time limit on the effectiveness of the Central Redevelopment Plan and the time limit on the Agency's receipt of tax increment. Approved: William R. Kelly, City Manager t} ^. q} I +� \` A +�OOR�'ORATffi9��909 STAFF REPORT Public Works Services Department November 4, 2003 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Direc or Prepared by: Gary F. Lewis, General Servic s Man ger SUBJECT: SUMMARY On August 19, 2003, the City Council adopted Resolution 6385, a resolution of the City Council of the City of Arcadia, California, authorizing an emergency contract to remove underground tanks and install above ground tanks and /or related facilities at the City Service Center and Fire Stations 105 and 106. Pursuant to Section 4 of Resolution No. 6385 and pursuant to the California Public Contract Code, the City Council is required at every Council meeting until project completion to determine that the emergency continues concerning the public works project to remove underground tanks and install above ground tanks and/or related facilities at the City Service Center and Fire Stations 105 and 106. The City Council is required to determine by at least a four -fifths (4/5) vote that there is need to continue this emergency action. DISCUSSION As provided for in Section 2842.5 of the Arcadia Municipal Code and in Sections 20168 & 22050 of the Public Contract Code, in the case of an emergency, the City Council may pass a resolution by at least a four -fifths (4/5) vote declaring that in the public interest and necessity demand the immediate expenditure of money to safeguard life, health or property. It is recommended that the City Council determine, by at least a four -fifths (415) vote, that there is need to continue this emergency action. LASER IMAGED M Service Center and Fire Stations 105 and 106 Recommendation: City Council to determine by at least a four- fifths (4/5) vote, that there is need to continue this emergency action Mayor and City Council November 4, 2003 Page 2 FISCAL IMPACT Funds for this project are provided in the 2003 -2004 Capital Improvement Program Budget in the amount of $345,000. Funds have also been appropriated in the amount of $122,000, $64,000 from the Water Fund and $58,000 from the Capital Outlay Fund, for construction and contingencies for a total budget amount of $467,000. RECOMMENDATION City Council to determine by at least a four -fifths (415) vote, that there is need to continue this emergency action Approved: PM:GFL:dw Attachment: Resolution No. 6385 M William R. Kelly, City Manager r1A.t`t,t V� _ STAFF REPORT Development Services Department DATE: November 4, 2003 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director Philip A. Wray, City Engineer /Engineering Services Administrator �►° By: Tim O. Kelleher, Senior Engineering Assistant k , SUBJECT: Acceptance — Construction of Curb. Gutter and Sidewalk on Centennial Wav ' Recommendation: Accept all work performed by Gentry Brothers, Inc. as complete and authorize final payment to be made in accordance with contract' documents SUMMARY On August 19, 2003, the City Council awarded a contract to Gentry Brothers, Inc. in the amount of $33,519.00 for the Construction of Curb, Gutter and Sidewalk on Centennial Way (Sidewalk Gap Closure) Project. Three (3) change orders were issued during the project in the amount of $4,842.00. On September 19, 2003, the contractor completed the construction of the project to the City's satisfaction. The final construction cost is $38,361.00. Staff is recommending that the City Council accept the work as complete and authorize staff to make the final payment 35 days after the City Clerk files a Notice of Completion with the County Recorder. BACKGROUND Currently there is a substantial volume of pedestrian traffic between bus stop at the northeast corner of Huntington Drive East and Centennial Way and the entrance to Santa Anita Racetrack. Prior to this project, there was no sidewalk; therefore, pedestrians were walking in the street along the north side of Centennial Way. Staff agreed that a sidewalk was needed; but complicating the issue was the existence of mature deodar trees adjacent to the curb. To save the trees, the curb would have to be rebuilt closer to the center of the street to create room for the sidewalk. Another issue driving the completion of the Centennial Way sidewalk project was the upcoming landscaping around the new police station. If sidewalk were to be built, it should happen prior to the landscaping to avoid damaging and repairing sections of the new land- scaping. Also, another consideration was the availability of funding. The City has accumulated approximately $72,000 in Transportation Development Act local funds for which this project was eligible. If a portion of these funds is not used, they will be lost this year. LASER IMAGED Mayor and City Council Staff Report November 4, 2003 Page Two In early August 2003, staff prepared plans and specifications for sidewalk along the north side of Centennial Way. Bids were opened on August 19, 2003. At its September 2, 2003 meeting, the City Council awarded the contract for Centennial Way to Gentry Brothers, Inc. for $33,519.00. Work began on September 15, 2003, DISCUSSION The construction of the sidewalk project on Centennial Way started on September 15, 2003 and was completed by September 19, 2003. The scope of the project was to rebuild the curb to make room for anew sidewalk to be constructed. Consequently, the curb and gutter was rebuilt closer to the center of the street,, making room for a sidewalk and saving the mature trees.. Some of the construction included rebuilding an existing catch basin, asphalt pavement to join the edge of the existing street with the new gutter, wheelchair ramps at each end of the new sidewalk, and a driveway to the new police station. The contractor successfully completed the work pursuant to the plans and specifications. There were three (3) change orders issued on the project. The first change order involved relocating an existing, bus stop on the Huntington Drive west from the Methodist Hospital to across the street to the medical building. Apparently, the majority of bus riders that used the bus stop when it was at the Methodist Hospital would cross Huntington Drive. Therefore, it was felt it would be safer to have the bus stop across the street. The other two change orders involved grinding asphalt and increases in the original contract bid items. The total changes are $4,842.00 increasing the contract from $33,519 to $38,361 FISCAL IMPACT Funds in the amount of $72,000 were appropriated in the fiscal year 2003/04 Capital Improvement Projects budget for this project. The original contract amount was $33,519. With the added change orders, the final construction cost of the project is $38,361. Funds are available to cover engineering, inspection, and contract administration. RECOMMENDATION , _ That the City Council accepts all work performed by Gentry Brothers, Inc. for the Construction of Curb, Gutter, and Sidewalk on Centennial Way Project as complete and authorizes final payment to be made in accordance with contract documents. Approved By: l WILLIAM R. KELLY, CITY MANAGER DP:PAW:TOK:pa AB a J PORATg9',eoA STAFF REPORT Development Services Department DATE: November 4, 2003 TO: I Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director Philip A. Wray, City Engineer /Engineering Services Administrator r�FvnJ C, -- By: Dan A. Lazo, Associate Civil Engineer SUBJECT: Acceptance - Street Rehabilitation of Northbound Baldwin Avenue and Huntington Drive Recommendation: Accept all work performed by Gentry Brothers, Inc. as complete and authorize final payment to be made in accordance with contract documents SUMMARY On July 15, 2003, the City Council awarded a contract to Gentry Brothers, Inc. in the amount of $756,298.60 to rehabilitate and reconstruct the asphalt pavement on northbound Baldwin Avenue from Huntington Drive to Cambridge Drive and Huntington Drive from Colorado Place to Santa Clara Street. Attached is a location map for reference. A change order was issued during this project in the amount of $8,599.32. The terms and conditions of this project have been complied with and the required work has been performed to staff's satisfaction for a final project cost of $764,897.92. Staff is recommending that the City Council accept the project as complete and authorize the final payment in accordance with the approved contract documents. DISCUSSION As part of the City's ongoing Pavement Maintenance Program, the City completed the street rehabilitation and reconstruction of northbound Baldwin Avenue from Huntington Drive to Cambridge Drive and Huntington Drive from Colorado Place to Santa Clara Street. The street rehabilitation and reconstruction included removal and replacement of asphalt concrete pavement and portions of curb and gutter; cold milling of asphalt concrete pavement and construction of asphalt concrete overlay; adjustment of sewer LASER Wa bl N Mayor and City Council Staff Report November 4, 2003 Page 2 and storm drain manhole frames and covers grade; adjustment of water valve covers to grade; application of pavement markers, legends and striping; construction of curb ramps; installation of traffic .signal interconnect; construction of concrete bus pads; reinstallation of traffic signal loop detectors; and construction of gutter on Huntington Drive. The change order was issued for the construction of an additional concrete bus pad at the corner of Santa Anita Avenue and Diamond Street. FISCAL IMPACT Funds were appropriated in the FY 2002103 Capital Improvement Budget from Proposition C transportation funds. The total construction cost of the original contract is $756,298.60 base ased on the actual quantities of the materials used on project. With the change order in the amount of $8,599,32, the final contract construction was $764,897.92 Funds are available to cover the contract cost, engineering and design, material testing, inspections and contingencies. RECOMMENDATION That the City Council accepts the work performed by Gentry Brothers, Inc. for the Street Rehabilitation of Northbound Baldwin Avenue and Huntington Drive as complete and authorize final payment to be made in accordance with the contract documents. Approved By: WILLIAM R. KELLY, CITY MANAGER DP:PAW:dl Attachment \ \\ , STAFF REPORT Development Services Department DATE: November 4, 2003 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director Philip A. Wray, City Engineer /Engineering Services Administrator 3 By. Tim O. Kelleher, Senior Engineering Assistant SUBJECT: Acceptan e - _ Construction of Landscaped Median on Huntingto D Recommendation: Accept all work performed by DMA Greencare Contracting as complete and authorize final payment to be made in accordance with contract documents SUMMARY On July 1, 2003, the City Council awarded a contract to DMA Greencare Contracting in the amount of $89,780.50 for the construction of a landscape median on Huntington Drive. Six (6) change orders were issued during the project in the amount of $7,035.05. On September 19, 2003, the contractor completed the construction phase of the project to the City's satisfaction. The final construction cost is $96,815.55. Staff is recommending that the City Council accept the work as complete and authorize the City Clerk to file a Notice of:Completion with the County Recorder and staff to make the final payment 35 days after said filing. BACKGROUND The City Council appropriated $150,000 in the 2002 -03 Capital Improvement Project budget to construct a landscaped median on Huntington Drive between Morlan Place and Santa Anita Avenue. Originally, this segment of median was not constructed as part of the Downtown 2000 project in 1996 because of the uncertainty of future development of the property now occupied by Rusnak. It has been the sentiment since the Downtown project that this segment of Huntington Drive lacked the same character as the other areas of the downtown area due to this missing section of landscaped median. Consequently, since the Rusnak dealership has solidified that property's use, it was logical that the median be constructed. In June 2003, staff completed plans and specifications for the landscaped median on Huntington Drive. Bids were received on June 17, 2003 and at its July 1, 2003 meeting, the City Council awarded the contract to DMA Greencare Contractors for $89,780.50. Work to construct the median began on July 25, 2003. LASER IMAGED Mayor and City Council Staff Report November 4, 2003 Page Two DISCUSSION Work to construct the landscaped median on Huntington Drive.between Morlan Place and Santa Anita Avenue began on July 25, 2003 and was completed on September 19, 2003. The median project involved extensive traffic diversion to maintain .two lanes in each direction throughout the duration of the project. The project also involved excavating the street down to a suitable soil to plant trees and also allow,proper,percolation of irrigation water. The project also involved curb and gutter, backfilling with topsoil, irrigation, 36" and 48" box trees, sod, and 300 shrubs. The contractor, DMA Greencare Contracting, satisfactorily completed the project pursuant to the plans and specifications. There were several changes that occurred which increased the projects' cost by $7,035.05. Staff decided to increase the traffic control beyond the contractor's obligation. To eliminate traffic congestion. created by the construction, the contractor was ordered to maintain two lanes in each direction at all times: In "order to do so created significantly more work than originally bid. Consequently, increasing traffic management cost the project an additional $4,200.00. Also, there were increases in the original bid item quantities such as topsoil, depth of excavation and extra sod increasing the cost of the project an additional $2,835.05. The total construction costs for the project is $96,815.55 which takes into consideration the original bid:plus all.change. orders. The contractor has already been paid 90% of the contract costs, which equals $87,134.00. Thirty -five (35) calendar days after the City Clerk has filed the Notice of Completion, the contractor will be paid the remaining 10 %, which is $9,681.56. FISCAL IMPACT The total construction contract costs for the Huntington Drive landscaped median is $96,815.55. Funds in the amount of $150,000.00 were appropriated in the 2002-03 CIP budget. There are adequate funds to cover the costs of engineering; inspections, administration and construction costs. RECOMMENDATION That the. City Council accepts all work performed by DMA Greencare Contracting for the Construction of Landscaped Median on Huntington Drive, between Morlan Place and Santa Anita Avenue Project as complete and authorize final payment to be made, in accordance with contract documents. Approved By: UU--. "" WILLIAM R. KELLY, CITY MANAGER . DP:•PAW:TOK:pa i I . tv ei s./i'11�i1 di .r �.Fi i� k*J STAFF REPORT Public Works Services Department November 4, 2003 TO: Mayor and City Council FROM: Pat Malloy: Public Works Services Directo Prepared by: Gary F. Lewis, General Services Manager Jim Brophy, Warehouse Manager SUBJECT: Purchase of tires and associated accessories Recommendation: Award a one (1) year contract extension in the amount of $36,000.00 to Daniels Tire Service for the purchase of tires and associated accessories for City vehicles SUMMARY On July 31, 2002, the City awarded a one (1) year Agreement with optional contract extensions to Daniels Tire Service for the purchase of tires and associated accessories for City vehicles. Daniels is reaching the end of their first year of the contract agreement and has submitted a written offer to extend the existing contract for an additional year in accordance with the existing agreement. Daniels Tire Service has agreed to hold firm the current prices for fiscal year 2003 -2004. Based on the excellent service provided by Daniels Tire Service during the last year, staff recommends that the City Council award a one (1) year contract extension in the amount of $36,000 to Daniels Tire Service for the purchase of tires and associated accessories for City vehicles. DISCUSSION Fleet services is responsible for purchasing and maintaining tires and accessories for all City fleet vehicles. It is critical that we maintain the proper on -hand inventory levels to prevent an interruption to these vital services. Most items used in conjunction with tire maintenance are considered a revolving inventory item and must be replenished to continue smooth day -to -day operations of the various City fleet. LASER IMAGED Mayor and City Council November 4, 2003 Page 2 On July 31, 2002, the City issued a one -year Agreement with optional contract extensions to Daniels Tire Service for the purchase of tires and associated accessories for City vehicles. During the past year the City spent $36,000 for the purchase of tires and associated accessories and it is anticipated that the City will maintain the same level of activity, Daniels Tire Service has agreed to hold firm the current prices during fiscal year 2003 -2004. Therefore, staff recommends that the City Council award a one (1) year contract extension in the amount of $36,000.00 to Daniels Tire Service for the purchase of tires and associated accessories for City vehicles. FISCAL IMPACT Sufficient funding is available in the 2003 -2004 budget to cover the cost of this acquisition. RECOMMENDATION Award a one (1) year contract extension in the amount of $36,000.00 to Daniels Tire Service for the purchase of tires and associated accessories for City vehicles. Approved by: 1LA William R. Kelly, City Manager PM:GFL:JB:dw .w• ORATS November 4, 00 STAFF REPORT Public Works Services Department TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Direct Prepared by: Gary F. Lewis, General Servic Ma ager Mark Rynkiewicz, Associate Engineer SUBJECT: Professional Services Agreement - Engineerina services for the desian of Camino Real and Sixth Avenue Sewer Relief Line Recommendation: Authorize the City Manager to enter into a Professional Services Agreement in the amount of $72,026.00 with Civiltec Engineering, Inc. SUMMARY construction of a sewer relief line to alleviate this problem. The City of Arcadia Sewer Master Plan (Plan) identified the sewer along Camino Real between Eighth Avenue and Sixth Avenue, and along Sixth Avenue between Camino Real and Live Oak Avenue as a top priority for improvement. The sewer line currently flows well above capacity during peak hour flows. The Plan recommends the Staff conducted a Qualification Based Selection (QBS) process and received two (2) proposals to provide engineering design services for the design of Camino Real and Sixth Avenue Sewer Relief Line. Civiltec Engineering, who has successfully completed larger projects of this type for numerous cities in Southern California, submitted the successful proposal. Staff recommends that the City Council authorize the City Manager to enter into a Professional Services Agreement with Civiltec Engineering, Inc. in the amount of $72,026.00 for the design of Camino Real and Sixth Avenue Sewer Relief Line. BACKGROUND The Federal Clean Water Act and the National Pollution Discharge Elimination System (NPDES) prohibit the discharge of pollutants onto streams and storm drains. Any blockage or excessive sewer restriction that results in a spill into catch basins, channels or streams can become costly and detrimental to the environment. Costs to the City can include imposed fines by environmental regulatory agencies and cleanup for any damages caused by the spill. Thus, it is in the City's best interest to properly and consistently maintain its sewers within normal operational capacities. LASER IMAGED q Mayor and City Council November 4, 2003 Page 2 DISCUSSION The sewer along Camino Real between Sixth Avenue and Eighth Avenue, and along Sixth Avenue between Camino Real and Live Oak Avenue is currently flowing above capacity during peak hours. The City's Sewer Master Plan also indicated that the existing sewer line is running above 100% of its capacity during peak hour flow. This section is at risk of overflowing if other forces or events such as a blockage, roots, or excessive water infiltration occur. As a result, the Sewer. Master Plan identified this section as top priority for improvement and recommends the construction of a sewer relief line which will increase capacity and greatly reduce the risk of sewage spill. Request for proposals were sent to five (5) qualified engineering firms. Two (2) proposals were received, reviewed, evaluated, and ranked by staff in accordance with Chapter 10 of the California Government Code, Section 4526 -4529 with the following results: RANK FIRM LOCATION 1 Civiltec Engineering, Inc, Monrovia 2 Lee & Ro, Inc. Industry Staff reviewed each proposal and ranked each firm according to experience, approach, understanding of the project, and design effectiveness. Civiltec Engineering, Inc. was rated the most qualified based on their successful completion of numerous sewer design projects, adequate knowledge of Arcadia's sewer system, and thorough understanding of the project. The other firm, Lee & Ro, Inc. provided an excellent submittal, however the design hours, tasks, and associated costs needed to complete the work were well above the City's estimate to do this design work. Civiltec Engineering, Inc. was the best match for this project. The final phase of the selection process included staffs review of the cost proposal and negotiation of a satisfactory agreement with the consultant. Staff recommends that the City Council authorize the City Manager to enter into a Professional Services Agreement in the amount of $72,026.00 with Civiltec Engineering, Inc. for engineering design services for the design of Camino Real and Sixth Avenue Sewer Relief Line. ENVIRONMENTAL IMPACT This project is categorically exempt per Section 15302 (c) replacement from the requirements of the California Environmental Quality Act. C D. F3ZA., Mayor and City Council November 4, 2003 Page 3 FISCAL IMPACT $87,000 is budgeted in the 2003 -2004 Capital Improvement Program for this project. RECOMMENDATION 1. Award a Professional Services Agreement in the amount of $72,026.00 to Civiltec Engineering, Inc. for engineering design services for the design of Camino Real and Sixth Avenue Sewer Relief Line. 2. Authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. Approved by: U 1 = A William R. Kelly, City Manager PM:GL:TL:CL:dw CITY OF ARCADIA SEWER RELIEF LINE PROJECT ,,,,,,,,:• CAMINO REAL AVENUE AND SIXTH AVENUE y _S lM1,00R S TAFF R V 1. \ 1 Public. Works Services Department November 4, 2003 TO Mayor and City Council FROM: Pat Malloy, Public Works Services Directo Prepared by: Gary F. Lewis, General Services Man ger Ken Herman, Associate Civil Engineer SUBJECT: Acceptance —Arcadia Skate Park and Park Rehabilitation at Bonita Park Recommendation: Accept all work performed by 4 -Con Engineering, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $54,607.56. SUMMARY On December 17, 2002, the City Council awarded a contract to 4 -Con Engineering, Inc. in the amount of $540,256.00 for the construction of the Arcadia Skate Park and rehabilitation of the Bonita Park play area. 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 $546,075.62. This amount reflects the original contract amount of $540,256.00 plus one (1) contract change order (CCO) in the amount of $5,819.62, or 1.1% of the original contract amount. Staff recommends that the City Council accept all work performed by 4 -Con Engineering, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $54,607.56. BACKGROUND The feasibility and design of the skate park began in December of 2000 with the award of a Professional Service Contract to Purkiss Rose RSI. Community workshops were held to collect and analyze data, develop conceptual alternatives, and to prepare final construction and bid documents for a skate park in the City of Arcadia. LASER IMAGED 3r Mayor and City Council November 4, 2003 Page 2 The design of the project, as developed by Purkiss -Rose, entailed a 10,700 concrete skating area, utilizing features that are commonly encountered along city streets, such as stairs, railings, concrete benches and walls, as well as straight and curved ramps. The design of deep ramps and large jumps, combined with smaller features, such as stairs, produced a park with a moderate to advanced challenge level, and one that is unique to those built in neighboring communities. Staff accepted bids for this project in March of 2002, and again in April of 2002. The City Council rejected the single bid of $566,308 received from 4- Con - Engineering. Inc. in March and — rejected - ali - bids in - May, with- - the lowest qualified bid coming from Sundance Construction, Inc. for $611,112. The plans and bid package were re- designed to include various value- engineering modifications, and bids were accepted again in November of 2002, with the lowest responsive bid coming from 4 -Con Engineering, Inc. for $540,256. In December of 2002, The City Council accepted this bid and construction of the park began in February of 2003. Work was completed on the skate park, restroom, play area, and all amenities in July, and the park was formally dedicated on July 9, 2003. DISCUSSION The final construction cost of the Arcadia Skate Park and Rehabilitation of the Bonita Park Play Area is $546,075.62. This amount reflects the original contract amount of $540,256.00 plus one (1) contract change order (CCO) in the amount of $5,819.62, or 1.1% of the original contract amount. A summary of the items included in the change order is as follows: . Change Order Summary Substitution of the Prefab Restroom Bid to the Restroom Specified Modifications to the Existing Play Equipment to fit new location and comply with current codes Modifications to Water supply to accommodate. new restroom and drinking fountain Addition of electrical conduits for ball field and modification to sump pump electrical system TOTAL $ (9,261.30) $ 10,300.63 $ 3,145.43 $ 1,634.86 $ 5,819.62 Mayor and City Council November 4, 2003 Page 3 The terms and conditions of this contract have been complied with and the work has been performed to staffs satisfaction and to the satisfaction of the Building Section of the Development Services Department. Staff recommends that the City Council accept all work performed by 4 -Con Engineering, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $54,607.56. ENVIRONMENTAL IMPACT - This - project - is categorically exempt per Section 15301 class from of the California Environmental Quality Act (CEQA). FISCAL IMPACT On December 17, 2002, the City Council approved a construction budget for this project, which included the bid cost of the lowest responsive bidder of $540,256 and a contingency estimate of 10% of the bid cost equaling $54,000, for a total construction budget of $594,256. Total cost to complete this work by the Contractor was $546,075.62 and was within the project budget. RECOMMENDATION 1. Accept all work performed by 4 -Con Engineering, Inc. for the Arcadia Skate Park and Rehabilitation of Bonita Park Project as complete. 2. Authorize final payment to be made in accordance with the contract documents, subject to a retention of $54,607.56. Approved by: William R. Kelly, City Manager PM:GL:KH:dw