HomeMy WebLinkAboutDecember 2, 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
December 2, 2003
45:0220
The City Council and Arcadia Redevelopment Agency met in a Regular Meeting on
Tuesday, December 2, 2003 at 6:00 p.m. in the Council Chambers Conference Room.
ROLL CALL PRESENT: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo
ABSENT: None
AUDIENCE PARTICIPATION
None.
STUDY SESSION
1a
CODE City Manager Kelly presented an overview of the City's Code Enforcement Program. The
ENFORCEMENT City received more than 4,400 complaints of violations last year. Of these, 71 percent were
PROGRAMS. on residential properties, and 22 percent on commercial properties. The residential
complaints tend to be related to landscaping and other issues such as trash cans left on the
street. The commercial complaints centered on sale banners, real estate open house signs
and cleanup issues.
A discussion of banner and sign issues ensued. With regard to garage sale signs it was
noted that residents who come to City Hall for yard sale permits are informed about sign
regulations, however, people who hold sales without a permit tend to put up signs that do not
meet City codes. The Council did not support the idea of forbidding the use of banners. It
was suggested that, for enforcement purposes only, language be added to the banners
stating City approval of the banner and the time limit that the banner can be displayed.
Following 'discussion, the City Council authorized the City Manager to begin recruiting
volunteers to assist with the code enforcement program and also to consider the addition of
a third code enforcement officer. The volunteers would handle more routine matters, freeing
up time for the code enforcement officials. The Council also agreed that enforcement could
be toughened up and businesses need to be'informed about City code requirements.
The City Council RECESSED at 7:05 p.m., and RECONVENED in the Council Chambers for
the Regular Meeting at 7:15 p.m. '
INVOCATION Reverend Sid Sybenga, Hope Community Church of Arcadia
PLEDGE OF Rowena Weiler
ALLEGIANCE
1 LASER IMAGED 12,2,03
?04
ROLL CALL PRESENT: Councilmembers Chang, Kovacic, Marshall; Segal and Wuo
ABSENT: None
2. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
None.
45:0221
ORD. & RES. It was MOVED by Mayor Pro tem Segal, seconded by Councilmember Marshall and
READ BY CARRIED on roll call vote 'as follows that ordinances and resolutions be read by title only
TITLE ONLY and that the reading in full be WAIVED.
AYES: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
PRESENTATIONS
3.
CITIZEN OF Mayor Wuo presented the December, 2003 Citizen of the Month Award to Rowena Weiler, a
THE MONTH 50 year resident of Arcadia, who has spent forty -two (42) very productive years in education
AWARD and is currently treasurer of the San Gabriel Valley Chapter of the Retired Teachers
(Weiler) Association and president of the Arcadia Coordinating Council. Rowena's other activities
included: board member, secretary of the Arcadia Historical Commission; program chair for
the Arcadia Association of University Women; membership in the Pasadena College Women
Association; and, a PIED member, a group that provides scholarships for women.
4.
CITIZEN OF Mayor Wuo presented the December, 2003 Citizen of the Month Award to Shelley Liu; a
THE MONTH fairly recent addition to the community, who gives of herself to improve and enhance the
AWARD community. Shelley recently worked in Relay for Life, an event that raised in excess of
(Liu) $43,000 for cancer research. She also _ serves as president of the Chinese American
Insurance Professional Association and as vice president of the Alhambra Branch of the
Lion's Club.
5.
PUBLIC HEARING
5a
ORDINANCE Text Amendment (T.A. 2003 -003) was initiated by the Development Services Department
NO. 2185 proposing changes to the Conditional Use Permit Section of the Arcadia,Municipal Code to
T.A. 2003 -003 revise the zones in which churches are allowed subject to the conditional use permit
(Church uses) process. The proposed changes would allow churches in the R -0, R -1, R -2, R -3 and C -0
(INTRODUCED) zones subject to the Conditional Use Permit Process. In addition, a, definition of church is
being added to Chapter 2, Part 2 Definitions.
The Planning Commission at its October 28, 2003 meeting voted 4 to 0 with one member
absent to recommend approval of Text Amendment 2003 -003.
Currently churches are allowed in all zones subject to the conditional use permit process.
There are twenty -six (26) churches in the City, three (3) of these churches are located in
commercial zones, the remaining churches are all located in residential zones. The
conditional use permit process allows the City to address such issues as noise, traffic,
circulation, parking and compatibility impacts as they relate to the size and location of
assembly uses including churches.
t�1..3 A
12/2/03
45 :0222
Some of the reasons to restrict churches to the residential and professional office zones are
that "store front" churches in commercial zones change the character of commercial areas.
Churches do not create pedestrian and vehicular traffic flows that, are normally associated
with other, commercial activity and generally do not provide the synergy that retailers or other
commercial uses desire. In addition, viable commercial areas help, support a healthy tax
base for the community, and churches are tax - exempt. In order to maintain viable
commercial and manufacturing districts, it is the opinion of the Development Services
Department that limiting churches to the R -0, R -1, R -2, R -3 and C -0 zones.with an approved
conditional use permit is appropriate.
Mayor Wuo OPENED the Public, Hearing. No one came forward to address the City Council
It was MOVED by Councilmember Kovacic, seconded , by Mayor Pro tem Segal and
CARRIED on roll call vote as follows to CLOSE the Public Hearing.
AYES: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo
NOES: None
- ABSENT: None
In response to a Council question City Attorney Deitsch stated in part lhat'the proposed
added definition to the code. will not allow a church to have a sports facility or gymnasium
unless it is attached to an educational facility. In addition, he suggested an amendment to
Section 5., 9220:16.1. to read as follows: "and non - church related goods, residential uses
(other than as permitted hereinabove), or sports and /or entertainment facilities when not
used for church purposes or when rented out for revenue purposes."
It was MOVED by Councilmember Marshall, seconded by Councilmember Segal and
CARRIED on roll call vote as follows to INTRODUCE ORDINANCE NO. 2185 entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY. OF ARCADIA, CALIFORNIA,
AMENDING THE ARCADIA MUNICIPAL CODE BY.DELETING SECTION 9275.1.8 AND
BY AMENDING SECTION 9275.1.43 AND DIVISION 9, CHAPTER 2, PART 2
PERTAINING TO,CHURCH USES," with revisions-as stated by the City Attorney.
AYES: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
AUDIENCE PARTICIPATION
None.
6. MATTERS FROM ELECTED OFFICIALS
CHANG Councilmember Chang expressed congratulations to recipients of the Citizen of the Month
(Award Awards. He also congratulated Agent Bruce Smith for being selected as the "2003 Officer of
Recipients& ,...the Year"
Agent Smith)
(Library) Dr. Chang referred to a letter from an Arcadia High School student expressing appreciation
So the Arcadia Public Library for offering various programs. Dr. Chang was proud to be a
Councilmember when the library's renovation project was approved in 1994.
(Arcadia Dr. Chang attended the, Arcadia Interfaith Community Thanksgiving Service, November 24,
Interfaith) at the.Church of the Good Shepherd. He expressed appreciation to the Interfaith group for
3 1212/03
45:0223
all they have done for the community.
(Sister City & Dr. Chang would like an item on a future agenda with regard to establishment of a sister city
Certificates) relationship with another city: He also suggested that the Council revisit the issuing of
certificates policy. The three votes needed to place these items in a future agenda were not
forthcoming.
It was noted that at a previous meeting the City Council decided to retain the existing policy
with regard to the award of certificates and proclamations.
KOVACIC Councilmember, Kovacic congratulated the recipients of the Mayor's Citizen of the Month
(Award Awards, Rowena Weiler and Shelley Liu. Mr. Kovacic has known Rowena Weiler for a long
Recipients) time; her husband was one of his high schoolteachers. He noted that it was nice to see old
friends from the Church of the Good Shepherd and a testament to Rowena's active role in
Arcadia.
(Events) Mr. Kovacic feels. that both the Interfaith Community Thanksgiving Service and the
Intercultural Dinner hosted by the Arcadia Unified School District and the Chamber of
Commerce were testaments to the sense of community that all are trying to preserve and
enhance in Arcadia.' He encouraged all of the faith groups to join in, because it is a
wonderful way to foster that sense of community.
(Gambling) Mr. Kovacic would like an item on a future agenda with regard to a proposed initiative
concerning slot machines on race track property, which may not effect a lot of communities
in California but it certainly will affect Arcadia. Council concurred.
(Gold Line Mr. Kovacic noted that the City is working hard with the Gold Line Phase II JPA to create a
Phase 11) strategy to expedite the completion of Phase II of the Gold Line. He also noted that the City
of South Pasadena requested that the communities along the Phase II route re -think
whatever position they may have taken on the extension of the 710- Freeway.
City Manager Kelly noted that the City Council adopted -a resolution supporting the 710 -
Freeway connection in 1989. To bring this item back to the Council, staff needs to talk to the
City of South Pasadena representative to understand fully what their intentions are.
Mr. Kelly also noted that the City received a request from the Joint Powers Authority,
Executive Director, to place a resolution on the next agenda in support of Assemblywoman
Carol Liu's proposed bill, suggesting reorganization of the JPA.
(Restaurant In response to Councilmember Kovacic's question, City Manager Kelly stated that the
Grade posting of restaurant grade signs is mandatory, however, the Los Angeles County Health
Signs) Department is still in the process of grading restaurants. If a facility has been visited and
graded by a county representative, they are required by law to post the grade in the front
window.
MARSHALL Councilmember Marshall congratulated the recipients of the Citizen of the Month Awards.
(Award
Recipients)
(Holiday Home Ms. Marshall announced that the Arcadia Holiday Snow Festival will be held on December
Decoration 10, 2003 from 3:30 p.m. to 6:00 p.m. in the "parking lot of Westfield ShoppingTown, north of
Award) the Fire Station. She also noted that the judging for the Holiday Home Decoration Awards
will be December 11th through 15th. Ms. Marshall encouraged residents to have their
holiday lights on from 6:00 p.m. to 10:00 p.m.
12/2/03
}
r...
45:0224
(Time Capsule) Ms. Marshall noted- that one of the final Centennial Celebration activities is the official
sealing of the City's Time Capsule. The Time Capsule is designed to hold memorabilia from
the 2003 Birthday Celebrations for the next one hundred years.
(Holiday Lights) Councilmember Marshall reminded everyone to take down their holiday lights display after
the holiday is over, and not to exceed the'90 day limitation.
(City's 100th "Petals Peacocks and Princesses';, a temporary exhibition featuring photographs and
Birthday. ' memorabilia from Arcadia's many years of participation in the Tournament of Roses Parade
Exhibit) will be held at the Glib Historical Museum from December 13 through February 2004.
(Recycling). Councilmember Marshall encouraged, everyone to read and pay attention to the article in
City's Newsletter with regard to disposal and recycling. It contains very important
information on what can- and cannot., be placed in recycling bins. 'She also reminded
everyone that the holiday tree - recycling program will begin December 26th through January
16th. Waste Management will pick up and recycle Christmas trees on regularly scheduled
trash pick -up days.
(Food for Ms. ; Marshall shared a food for thought, "if you find a path with no obstacles, it probably
Thought) doesn't lead. anywhere:'
SEGAL Mayor Pro tem Segal congratulatedthe Mayor's Citizen of the Month Awards recipients.. .
(Award
Recipients)
(White Mr. Segal encouraged interested residents to get involved with the Arcadia Thrift and
Christmas) Welfare Shop White Christmas Program in distributing the donated items to needy families
on December 13th.
(Holiday Mr. Segal encouraged everyone to take a moment; find a reason to help others, and do
Season) . something special for somebody who is less fortunate. .
WUO Mayor -Wuo encouraged everyone to support the Arcadia Chamber of Commerce by
(Christmas attending. the Annual Chamber Christmas Mixer, December 10th at the Frontrunner
Mixer- Ch /Com.) Restaurant, Santa Anita Race Track.
(Events) Mayor Wuo encouraged everyone to attend the various holiday events: The Holiday Home
Tour, sponsored by the Auxiliary of the Methodist Hospital on December 12; The Third
Annual Family Ornament Workshop, sponsored by the Historical Museum Commission on
December 13th; and, Family Night, sponsored by the Arcadia Public Library on December
4th.
(Liaison) Mayor Wuo appointed Councilmember Gail Marshall to replace Councilmember Kovacic as
a liaison to the Library Board. This change because of Councilmember KovacWs
involvement in the Gold Line Authority and the conflict of meeting dates.
7. CITY CLERK
7a
RESOLUTION , The City Clerk presented for adoption and read the title of RESOLUTION NO. 6404: "A
NO. 6404 . RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
(Calling a Gen. CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL
Muni. Election ELECTION TO BE HELD IN SAID CITY ON TUESDAY, APRIL 13, 2004, FOR THE
4113/2004) ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE
5 12003
7d :`
RESOLUTION The City Clerk presented for adoption and read.the title of RESOLUTION NO. 6407: "A
NO. 6407 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
(Election ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
Canvass) APRIL 13, 2004, TO BE MADE BY THE CITY CLERK OF THE CITY OF ARCADIA."
(ADOPTED)
It was MOVED by Councilmember Kovacic, seconded by Councilmember Chang and
CARRIED on roll call vote as follows that RESOLUTIONS NO. 6404, 6405, 6406 and 6407
be and they are hereby ADOPTED.
AYES: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
8• THE CITY COUNCIL RECESSED TO ACT AS
THE ARCADIA REDEVELOPMENT AGENCY
ROLLCALL PRESENT: Agency Members Chang, Kovacic, Marshall, Segal and Wuo
ABSENT: None
AUDIENCE PARTICIPATION
None.
9 • CONSENT ITEM
9a
MINUTES It was MOVED by Agency Member Chang, seconded by Agency Member Kovacic and
(Nov. 18, 2003) CARRIED on roll call vote as follows to APPROVE the Minutes of the November 18, 2003
Regular Meeting.
AYES: Agency Members Chang, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
6 12/2/03
r
45:0225
(ADOPTED)
PROVISIONS OF THE CITY CHARTER. ".
7b.
RESOLUTION
The City Clerk presented for adoption and read the title of RESOLUTION NO. 6405: "A
NO. 6405 ''
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
(Candidate
ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING
Statements)
TO CANDIDATE STATEMENTS SUBMITTED TO THE ELECTORATE AND THE COSTS
(ADOPTED)
THEREOF FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
APRIL 13, 2004."
70.
RESOLUTION
The City Clerk presented for adoption and read the title of RESOLUTION NO: 6406: "A
NO. 6406
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
(LA County
REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES
Registrar /Rec.
TO PERMIT THE REGISTRAR - RECORDER OF SAID COUNTY TO RENDER SPECIFIED
Elect. Svcs.
SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL
(ADOPTED)
ELECTION TO BE HELD IN SAID CITY ON APRIL 13,2004."
7d :`
RESOLUTION The City Clerk presented for adoption and read.the title of RESOLUTION NO. 6407: "A
NO. 6407 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
(Election ORDERING THE CANVASS OF THE GENERAL MUNICIPAL ELECTION TO BE HELD ON
Canvass) APRIL 13, 2004, TO BE MADE BY THE CITY CLERK OF THE CITY OF ARCADIA."
(ADOPTED)
It was MOVED by Councilmember Kovacic, seconded by Councilmember Chang and
CARRIED on roll call vote as follows that RESOLUTIONS NO. 6404, 6405, 6406 and 6407
be and they are hereby ADOPTED.
AYES: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
8• THE CITY COUNCIL RECESSED TO ACT AS
THE ARCADIA REDEVELOPMENT AGENCY
ROLLCALL PRESENT: Agency Members Chang, Kovacic, Marshall, Segal and Wuo
ABSENT: None
AUDIENCE PARTICIPATION
None.
9 • CONSENT ITEM
9a
MINUTES It was MOVED by Agency Member Chang, seconded by Agency Member Kovacic and
(Nov. 18, 2003) CARRIED on roll call vote as follows to APPROVE the Minutes of the November 18, 2003
Regular Meeting.
AYES: Agency Members Chang, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
6 12/2/03
45:0226
ADJOURNMENT The meeting of the Arcadia Redevelopment Agency ADJOURNED to December 16, 2003 at
6:00 p.m.,. in the Council Chambers Conference Room.
THE CITY COUNCIL RECONVENED
10. CONSENT ITEMS
10a.
MINUTES APPROVED the Minutes of the November 18, 2003 Regular Meeting.
(Nov. 18, 2003)
10b.
CONTINUE
DETERMINATION to CONTINUE emergency action with regard to Resolution No. 6385,
EMERGENCY
adopted August 19, 2003, authorizing an emergency contract to remove underground tanks
ACTION
and install above ground tanks and /or related facilities at the City Service Center and Fire
(Underground
. Stations 105 and 106.
Tanks — City
Service Ctr. &
Fire Stations
105 & 106)
10c.
RESOLUTION ADOPTED RESOLUTION NO. 6403 entitled: "A RESOLUTION OF THE CITY COUNCIL
NO. 6403 OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING RESOLUTION NO. 5068
(Leave REGARDING LEAVE DONATIONS — CATASTROPHIC INJURY /ILLNESS /DISABILITY."
Donations)
10d. ' I
RESOLUTION ADOPTED RESOLUTION NO. 6408 entitled: "A RESOLUTION OF'THE CITY COUNCIL
NO. 6408 OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING AND ADOPTING AN AMENDED
(Conflict of APPENDIX TO THE CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL
Interest Code) REFORM ACT OF 1974."
Councilmember Kovacic stated that the proposed resolution will expand the City's Conflict of
Interest Code to include members of the Homeowners Association's Architectural Review
Board's. The board members are some of the hardest working volunteers, doing a thankless,
task without any compensation and without any staff support by the City. He would like to
see that the City Attorney and the planners conduct occasional meetings with the ARB
members in order for them to get a clear lesson about what the law requires and get some
assistance in rendering a very important service.
10e.
DONATION ACCEPTED the donation of software from the Bill & Melinda Gates Foundation United
(Software) States Library Program (estimated fair market value: $9,1
10f.
ACCEPT ACCEPTED all work performed by K & S Design Inc. for the Arcadia Library-Phase I Interior
WORK Renovation Project as complete; and, AUTHORIZED final payment to be made in
(Arc. Library accordance with contract document.
Phase
Interior Renov.) Councilmember Kovacic would like the City Council to consider including the Arcadia Public
Library Renovation Phase II in next years Capital Improvement Program budget. Phase II
involves a teen center and enlarging an area for an international language section.
12/2/03
45:0227
10g.
CLASS APPROVED the revised class specifications for Police Lieutenant, and revised and new
SPECIFICATION class specifications and compensation levels for Librarian 1 /11.
(Police
Lieutenant —
Librarian 1 /II)
10h.
PROF. SVCS. AUTHORIZED the City Manager to EXECUTE a Professional Services Agreement with The
AGREEMENT Ferguson Group to represent the City of Arcadia on legislative issues and revenue
(National opportunities, subject to review and approval by the City Attorney, for a twelve (12) month
Legislative period, effective December 19, 2003.
Advocacy)
10i.
EQUIP. AWARDED the purchase of 100 personal alarm dosimeters to Arrow Tech, in the amount of
PURCHASE $30,310, for the Fire Department, to enhance counterterrorism capability in accordance with
(Personal Alarm Homeland Security efforts.
Dosimeters)
THE PRECEDING CONSENT ITEMS 10a, b, c, d, e, f, g, h and i APPROVED ON MOTION
BY COUNCILMEMBER SEGAL SECONDED BY COUNCILMEMBER MARSHALL, AND
CARRIED ON ROLL CALL VOTE AS FOLLOWS:
AYES: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
11. CITY MANAGER
11 a.
VEHICLE City Manager Kelly presented an overview and update on the Vehicle License Fee reduction
LICENSE FEE and its impact on local governments, stating in part that the Governor Schwarzenegger has
BACKFILL fulfilled his campaign promise to roll back the Vehicle License Fee by two-thirds. As a result
the DMV is only collecting the base amount of VLF, an approximate 70% overall reduction in
revenues to cities, unless the Legislature and Governor fund the Vehicle License Fee (VLF)
backfill. It the Vehicle License Fee (VLF) is not backfilled, the City of Arcadia would lose
from $2 to $3 million annually from the General Fund which could eventually lead to a layoff
of 50 -60 employees.
On November 24, Senator Jim Brulte introduced legislation (SBX51) that is designed to keep
the other part of the Governor's Vehicle License Fee (VLF) promise, to hold cities and
counties harmless from the reduction. In addition, the League of California Cities has joined
forces with the California State Association of Counties (CSAC) and the California Special
Districts Association (CSDA) to sponsor a ballot initiative in November 2004, entitled the
Local Taxpayers and Public Safety Protection Act, to put voters In charge of whether local
tax dollars should be used to fund state services.
It was noted that the City will continue to lobby its local legislators, Senator Bob Margett and
Assemblywoman Carol Liu, and will use every Council meeting as a forum to acquaint the
public and ask the citizens to push the Legislature to find resolution to bring back some
positive bases to allow cities to operate without having the -state take funds. It was also
noted that the financial picture will be clearer in 30 -60 days, when the City does its mid -year
budget review.
12/2/03
STAFF REPORT
Development Services Department
December 2, 2003
TO: Mayor and City Council
FROM: Don Penman, Assistant City Manager /Development Services Director
By: Donna Butler, Community Development Administrator
SUBJECT: Ordinance No. 2185 amending the Arcadia Municipal Code by deletir
Section 9275.1.8 and by amending Section 9275.1.43 and Division
Chapter 2. Part 2 pertaining to Church uses
Recommendation: Introduce
SUMMARY
This text amendment (T.A. 2003 -003) was initiated by the Development Services
Department proposing changes to the Conditional Use Permit Section of the Arcadia
Municipal Code to revise the zones in which churches are allowed subject to the
conditional use permit process. The proposed changes would allow churches in the R-
O, R -1, R -2, R -3 and C -O zones subject to the Conditional Use Permit Process. In
addition, a definition of church is being added to Chapter 2, Part 2 Definitions.
The Planning Commission at its October 28, 2003 meeting voted 4 to 0 with one
member absent to recommend approval of T.A. 2003 -003.
The Development Services Department is recommending introduction of Ordinance No.
2185 amending the Arcadia Municipal Code by deleting Section 9275.1.8 and by
amending Section 9275.1.43 and Division 9, Chapter 2, Part 2 pertaining to Church
uses.
Textamendment -TA 03 -003CC
LASER IMAGED
T.A 2003 -003
December 2, 2003
Page 1
P?
DISCUSSION
Currently churches are allowed in any zone subject to an approved conditional use
permit. Based on our information there are 26 churches in the City. Three (3) of these
churches are located in commercial zones; the remaining churches are located in the
R -O, R -1, R -2 and R -3 zones.
In 1949, the zoning regulations permitted churches in the R -2 and R -3 zones by right. It
appears that in the 1960's the municipal code was amended to allow churches in all
zones, but only with an approved conditional use permit.
The City Attorney has advised that requiring churches and other religious assembly
uses to obtain conditional use permits or permitting them in certain zoning designations
with a conditional use permit would not violate the First Amendment or the Religious
Land Use and Institutionalized Persons Act (RLUIPA). RLUIPA provides that no agency
"shall impose or implement a.land use regulation in a manner that imposes a substantial
burden on the religious exercise of a person, including a religious assembly or
institution, unless the government demonstrates that imposition of the burden on that
person or institution (A) is a furtherance of a compelling governmental interest; and (b)
is the least restrictive means of furthering that compelling governmental interest."
Simply stated, cities cannot deny "religious uses a reasonable opportunity to locate
within the City's borders and provided the City requires all similarly situated secular
uses in the same zone, if they are allowed in the same zone, to also obtain CUPS ".
As noted, churches are allowed in all zones within the City subject to the conditional use
permit process. The Development Services Department is proposing to delete Section
9275.1.8 allowing churches in all zones with an approved conditional use permit and
adding a new Section 9275.1.43 permitting churches in the R -O, R -1, R -2, R -3 and C -O
zones with an approved conditional use permit. In addition, a definition for church is
being added to Chapter 2, Part 2 Definitions.
The conditional use permit process allows the City to address such issues as noise,
traffic, circulation, parking and compatibility impacts as they.relate to the size and
location of assembly uses (including churches).
Historically, churches have been located in residential neighborhoods with the
expectation that most members reside within the area. Although this may be less
typical today, members generally do not drive across large metropolitan areas to attend
a church. Some churches have ancillary uses including educational facilities, day care
centers and preschools that also serve the neighborhood and surrounding areas. The
positive contributions of churches in residential neighborhoods are often seen as far
outweighing the minimal disruption involved.
As noted above, most of the churches located in Arcadia are sited in residential areas
along primary and secondary arterials. It is the Development Services Department's
Textamendment -TA 03 -003CC
`l� ,ii
T.A 2003 -003
December 2, 2003
Page 2
opinion that residential areas and general office areas are the most appropriate
locations for churches because churches are not conducted as a business and
generally do not tend to be centersof activity all week long for large numbers of people,
thus having a minimal impact on a neighborhood.
Some of the reasons to restrict churches to the residential and professional office zone
are that "store front" churches in commercial zones change the character of commercial
areas. Churches do not create pedestrian and vehicular traffic flows that are normally
associated with other commercial activity and generally do not provide the synergy that
retailers or other commercial uses desire. The success of retail as well as industrial
centers. often depends on the tenants within the center /area. In addition, viable
commercial areas help support a healthy tax base for the community, and churches are
tax - exempt.
In order to maintain viable commercial and manufacturing districts, it is the
Development Services Department's opinion that limiting churches to the R -O, R -1, R -2,
R -3 and C -O zones with an approved conditional use permit is appropriate.
The Development Services Department is also . proposing to add a definition for
churches and religious facilities to Part 2 Definitions as set forth below:
"Church or Place of Worship" is a building for regular assembly for religious
worship that is used primarily for such purpose, which may or may not contain
accessory activities that are customarily associated therewith, and which may or
may not contain the place of residence for ministers, priests, nuns, rabbis or
others who lead religious workshop on the premises. Church or place of worship
shall not include such nontraditional accessory uses as retail sales of non-
religious and non - church related goods, residential uses (other than as permitted
hereinabove), sports and entertainment facilities."
The Planning Commission concurred with the Development Services Department's
comments and recommendations set forth in the staff report and voted 4 to 0 with one
member absent to recommend to the City Council approval of this text amendment.
ENVIRONMENTAL ANALYSIS
The proposed text amendment will not have a potential for causing a significant effect
on the environment and is, therefore, categorically exempt from CEQA per Sections
15061(b)(3).
RECOMMENDATION
The Development Services Department recommends that:
1. That Section 9275.1.8 allowing churches in all zones with an approved
conditional use permit is deleted.
Textamendment -TA 03.003CC T.A 2003 -003
December 2, 2003
Page 3 .
2. That Section 9275.1.43 be amended to allow churches in the R -O, R -1, R -2, R -3
and C -0 zones with an approved conditional use permit.
Add Section 9220.16.1 creating a definition for church to read as follows:
"Church or Place of Worship" is a building for regular assembly for religious
worship that is used primarily for such purpose which may or may not contain
accessory activities that are customarily associated therewith, and which may or
may not contain the place of residence for ministers; priests, nuns, rabbis or
others who lead religious workshop on the premises. Church or place of worship
shall not include such nontraditional accessory uses, as retail sales of non-
religious and non- church related goods, residential uses (other than as permitted
hereinabove), sports and entertainment facilities."
FISCAL IMPACT
None
RECOMMENDATION
Introduce Ordinance No. 2185 amending the Arcadia Municipal Code by deleting
Section 9275.1.8 and by amending Section 9275.1.43 and Division 9, Chapter 2,
Part 2 pertaining to Church uses.
Attachments: CC Ordinance 2185
List of Churches within the City
PC October 28, 2003 Minutes
Approved by: —"`A
William R. Kelly, City Manager
Textamendment-TA 03 -003CC T.A 2003 -003
December 2, 2003
Page 4
ARCADIA HOUSES OF WORSHIP
NAME/ADDRESS
PHONE
GP
PASTOR/MINISTER/RABBI '
DENOMINATION
LU
ZONING
Arcadia Christian Reformed
Christian Reformed
SFR
R -1
1735 S. Baldwin Ave. 445 -1469
Arcadia Congregational
Congregational
SFR
R -2
2607 S. Santa Anita Ave. 447 -8053
Arcadia Friends Church
Quaker
MU
R -2
5705 Lenore Ave. 445 -2130
C/l
Arcadia Presbyterian
Presbyterian
MFR
R -3
121 Alice Street 445 -7470
Arcadia Vineyard Christian Fellowship
Christian
Com
C -1
225 E. Live Oak Avenue 446 -3141
Christian Science
Christian Science
SFR
R -1
100 W. Duarte Road 447 -2541
Church of Christ of San Gabriel Valley
Church of Christ
Com
C -2
601 E. Live Oak Avenue 445 -7353
Church of Jesus Christ LDS
Mormon
SFR
R -1
150 W. Duarte Road 445 -0015
614 W. Foothill Blvd, 574 -8905
170 W. Duarte Road 446 -8519
Church of the Good Shepherd
Methodist
SFR
R -1
400 W. Duart e Road 447 -2181
Congregation Shaarei Torah
Jewish
MFR
R -2
550 S. Second Avenue 445 -0810
Emmanuel Assembly of God
Assembly of God
SFR
RO -D
23 W. Foothill Blvd. 355 -2328
(0-4)
Episcopal Church of the Transfiguration
Episcopal
SFR
R -1
1881 S. First Avenue 445 -3340
Reverend Gene Wallace
Holy Angels
Catholic
SFR
R -1
370 Campus Drive 447 -1671
Lutheran Church of the Cross
Lutheran
SFR
R -1
66 W. Duarte Road 447 -7232
Mikyang Presbyterian
Presbyterian
SFR
R -1
1741 S. Baldwin Avenue 294 -0091
Our Lady of the Angels
Catholic
MFR
R -3
1100 W. Duarte Road 447 -1752
Our Saviour Lutheran
Lutheran
SFR
R -3
512 W: Duarte Road 447 -7690
San Gabriel Valley Chinese Alliance
Christian
SFR
R -1
1207 S. First Avenue 445 -8309
3119/03
Serbian Orthodox
Serbian Orthodox
Com
C -2
Church of Christ the Saviour
21 Modan Place 447 -6043
1424 S. Baldwin Avenue 445 -2370
Com
Christian Center of Arcadia
Christian
Victory Chapel
Christian
SFR
R -2
805`N. First Avenue 447 -8471
Com
Wesleyan Holiness
Wesleyan
SFR
R -1
330 E. Duarte Road 445 -0723
501 N. Santa Anita Avenue 446.2978
Redevelopment Project Area
Assembly of God
Assembly.of God
Com
CBD
Redev
21 Modan Place 447 -6043
Com
Christian Center of Arcadia
Christian
Com
CBD
Redev
21 Morlan Place 574.7122
Com
Mandarin Baptist Church of Pasadena
Baptist
MFR
R -3
Redev
501 N. Santa Anita Avenue 446.2978
MFR
Santa Anita Church
Christian
Com
R -3
Redev
226 W. Colorado Blvd. 446 -8206
Com
i
4. PUBLIC HEARING TA 2003 -003
Consideration of a text amendment deleting Section 9278.8 allowing churches in all zones with
an approved conditional use permit and adding a new section 9275.1.43 allowing churches in
the R -O, R -1, R -2 and R -3 and C -0 zones with an approved conditional use permit and adding
a definition of church to Chapter 2, Part 2 Definitions.
The staff report was presented and the public hearing was opened.
No one spoke in favor of or in opposition to this item.
Chairman Baderian closed the public hearing.
Commissioner Olson said that as usual staff has done an excellent job and this makes perfect
sense.
Chairman Baderian agreed in evaluation and grasping the intent of the future utilization of
projects dealing with churches or place of worship.
MOTION:
It was moved by Commissioner Olson, seconded by Commissioner Hsu to
recommend approval of TA 2003 -003 to the City Council.
ROLL CALL:
AYES: Commissioners Hsu, Olson, Wen, Baderian
NOES: None
ABSENT: Commissioner Lucas
Planning Commission Nvfinutes
10/28/3
Page I
a t
STAFF REPORT
OFFICE OF THE CITY CLERK
DATE: DECEMBER 2, 2003
TO: MAYOR WUO AND MEMBERS OF THE CITY COUNCIL
FROM: NNE D. ALFORD, CITY CLERq
SUBJECT: ELECTION RESOLUTIONS - APRIL 13, 2004 GENERAL MUNICIPAL ELECTION
Kes 6�4�f; l9fGS G4�D6 , GX07
SUMMARY
On April 13, 2004, a General Municipal Election wiD be held within the City of Arcadia to.fill two (2)
positions on the City Council and one (1) position of City Clerk. Four (4) Resolutions are presented to the
City Council for adoption this date: Resolution No. 6404 initiates the election; Resolution No. 6405 adopts
regulations relative to candidate statements submitted to the electorate of the City in the Sample Ballot and
Voter Information Pamphlet; Resolution No. 6406 requests specified services from the County of Los
Angeles related to the election; and, Resolution No. 6407 orders the canvass of the election to be made by
the City Clerk.
BACKGROUND
The date for Arcadia General Municipal Elections is stipulated by the Arcadia City Charter, Section 1100...
the second Tuesday in April in each even - numbered year. Resolution No. 6404, initiates the April 13, 2004
General Municipal Election for the election of two (2) Members of the City Council for full foufyear terms
ending April 8, 2008 and a City Clerk for a full four -year term ending April 8, 2008. Resolution No. 6404
also stipulates balloting materials; polling place hours; and, sets forth the stipend to be paid precinct workers,
custodians and polling place facilities.
Resolution No. 6405 adopts regulations for candidate statements of no more than twohundred (200) words
for printing in the April 13, 2004 Sample Ballot and Voter Information Pamphlet. The cost for printing the
candidate's statement in the pamphlet and mailing is estimated at approximately $420 for each statement,
which will be borne by the candidate. The City Council may elect to pay the cost of the translations of the
candidate statements in the Chinese and/or Spanish Ianguages or require that candidates pay this cost also.
It should be noted that the City is required by the Federal Voting Rights Act to translate the entire Sample
Ballot and Voter Information Pamphlet into the Chinese and Spanish languages to produce a facsimile
pamphlet. This is inclusive of candidate statements. Such facsimile pamphlets will be available althe office
of the City Clerk upon request. The cost for translations of candidate statements into Spanish is estimated to
be $150 each; for Chinese language translations the cost is estimated to be $275 for each statement.
Resolution No. 6406 is required by the Los Angeles County Board of Supervisors in order to permit the
County Registrar- Recorder /County Clerk to provide certain election services to the City. The County Clerk,
Elections Division; maintains the voter registration affidavits for Arcadia, which are used to verify absentee
voter application signatures; precinct boundaries within the City are drawn by the County; voter rosters
LAS"; (ia ►HGED
zP
Mayor and City Council
December 2, 2003
Page 2
signed at the polling place are prepared by County upon receiving the list of consolidated precincts from the
City Clerk. County also provides voter registration tapes for the printing of street indices and mailing labels.
Resolution No. 6407 orders the canvass of the election returns to be made by the City Clerk This process
includes the examination of the precinct rosters and the ballot statements filed by each precinct board which
lists the number of ballots received, voted, spoiled and unused to verify that the numbers balance. This same
procedure is followed to balance the ballots received for the absentee vote... ballots issued, voted, spoiled,
not returned, and not used. In the event an incomplete ballot statement is returned by a precinct board, the
board must appear at the office of the City Clerk to complete the ballot statement and account for all ballots
received. The canvass of election results includes the hand tally of one precinct, which is required by the
Elections Code for those cities using vote tabulating equipment to register votes. The end result of canvass
activity is the Clerk's certification of the election results to the City Council
RECOMMENDATION:
1. Move to adopt RESOLUTION NO. 6404 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING
OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY,
APRIL 13, 2004, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS
REQUIRED BY THE PROVISIONS OF THE CITY CHARTER.
2. Move to adopt RESOLUTION NO. 6405 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR
ELECTIVE OFFICE PERTAINING TO CANDIDATE'S STATEMENTS SUBMITTED TO THE
ELECTORATE AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL ELECTION
TO BE HELD ON TUESDAY, APRIL 13, 2004.
3. Move to adopt RESOLUTION NO. 6406 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES TO PERMIT THE REGISTRAR- RECORDER OF SAID
COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE
CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON
APRIL 13, 2004.
4. Move to adopt RESOLUTION NO. 6407 - A RESOLUTION OF THE CITY COUNCIL OF THE
.CITY OF ARCADIA, CALIFORNIA, ORDERING THE CANVASS OF THE GENERAL
MUNICIPAL ELECTION TO BE HELD ON APRIL 13, 2004, TO BE MADE BY THE CITY
CLERK OF THE CITY OF ARCADIA.
RESOLUTION NO. 6404
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN
SAID CITY ON TUESDAY, APRIL 13, 2004, FOR THE ELECTION OF
CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE
PROVISIONS OF THE CITY CHARTER.
WHEREAS, under provisions of Section 1100 of the Charter of the City of Arcadia,
California, a regular General Municipal Election shall be held on April 13, 2004, for the election
of Municipal Officers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That pursuant to the requirements of the Charter of the City of Arcadia,
California, there shall be, and there is hereby called and ordered to be held in said City on
Tuesday, April 13, 2004, a General Municipal Election of the qualified electors of the City for
the purpose of electing TWO (2) MEMBERS OF THE CITY COUNCIL for the full term of
FOUR YEARS ending April 8, 2008; and a CITY CLERK for a full term of FOUR YEARS
ending April 8, 2008.
SECTION 2. That the ballots to be used at the election shall be in form and content as
required by law.
SECTION 3. That the City Clerk is hereby authorized, instructed, and directed to
procure and furnish any and all official ballots, notices, printed matter and all supplies,
equipment and paraphernalia that may be necessary in order to properly and. lawfully conduct
said election.
SECTION 4. That the polls for said election shall be open at seven o'clock a.m. on the
day of said election and shall remain open continuously from said time until eight o'clock p.m.
on the same day when said polls shall be closed, except as provided in Section 14401 of the
EIections Code of the State of California.
SECTION 5. That pursuant to Elections Code Section 12310, a stipend for services for
the persons named as precinct board members is fixed at the sum of $80.00 for each Inspector
LASER IMAGED
..
and $60.00 for each Clerk for the election. The rental for each polling place, where a charge is
made, shall be the sum of $30.00 for the election. When required, the compensation of the
custodian of a building shall be $15.00 for the election.
SECTION 6. That in all particulars not recited in this Resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
SECTION 7. That notice of the time and place for holding the election is given and the
City Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 8. That the City Clerk shall certify to the passage and adoption of this
Resolution and shall.cause notice of the election, the offices to be filled, and the other matters
relating to the election to be given as required by the Elections Code of the State of California.
PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF DECEMBER, 2003.
/s/ JOHN WUO
Mayor of the City of Arcadia
ATTEST:
!: �:. • y
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
A
City Attorney of the City of Arcadia
2 6404
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 Resolution No. 6404 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 2nd day of December, 2003 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Members Chang, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
City Clerk of the City of Arcadia
3
RESOLUTION NO. 6405
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATE STATEMENTS SUBMITTED TO THE ELECTORATE
AND THE COSTS THEREOF FOR THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY, APRIL 13, 2004
WHEREAS, Section 13307 of the Elections Code of the State of California authorizes the
governing body of any local agency to adopt regulations pertaining to materials prepared by any
candidate for a municipal election, including costs of the candidate's statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the
Elections Code of the State of California, each candidate for elective office to be voted for at the
General Municipal Election to be held in the City of Arcadia on April 13, 2004 may prepare a
candidate's statement on an appropriate form provided by the City Clerk for. inclusion in the
voter's pamphlet. Such statement may include the name, age and occupation of the candidate
and a brief description of no more than two hundred (200) words of the candidate's education
and qualifications expressed by the candidate himself or herself. Such statement shall not
include party affiliation of the candidate, nor membership or activity in partisan political
organizations. Such statement shall be filed in the office of the City Clerk at the time the
candidate's nomination papers are filed. Such statement may be withdrawn, but not changed,
during the period for filing nomination papers and until 5:00 p.m. of the next working day after
the close of the nomination period.
SECTION 2. FOREIGN LANGUAGE POLICY.
(a) Pursuant to state law, the City Clerk shall have translated and printed in Spanish in
the voter's pamphlet only the candidate statements of those candidates who request translation
and printing.
(b) Pursuant to the Federal Voting Rights Act, the City is required to translate candidate's
statements into the Spanish and Chinese languages, in addition to English.
6405
LASER UMAGED
(c) The City Clerk shall: (1) have all candidate's statements translated into the
languages specified in (b) above; (2) have all translations specified in (b) above made available
upon request to the City Clerk; (3) print Spanish and/or Chinese translations of candidate
statements in the voters pamphlet at the request of the candidate, in addition to English.
SECTION 3. That the City Clerk shall send to each voter with the sample ballot, a
voter's pamphlet which contains the statement of each candidate in English, and/or Spanish or
Chinese or both for those candidates who have requested such printing in the pamphlet. No
candidate will be permitted to include additional materials in the sample ballot pamphlet.
SECTION 4. PAYMENT.
That each candidate. filing a candidate's statement to be printed in the voter's pamphlet
shall be required to pay the cost of: (1) printing the candidate statement in English, and; (2)
printing the candidate statement in the voter's pamphlet in Spanish and/or Chinese at the request
of the candidate. The candidates shall not be required to pay the cost of translating the
candidate's statement into the Spanish and Chinese languages pursuant to State and Federal law
per section 2(b) above. The City shall pay this cost, i.e., the translation cost for those statements
which will be available upon request in the office of the City Clerk.
The City Clerk shall estimate the total cost of printing, handling, translating and mailing
the candidate's statements filed pursuant to this section, including costs incurred as a result of
complying with the Voting Rights Act of 1965 (as amended). Said estimate of cost stated at the
time the candidate files his or her candidate's statement is just an approximation of the actual
cost that varies from one election to another depending on the actual number of candidates filing
statements. Each candidate shall be required to pay upon receipt of an invoice his or her prorated
share of actual costs. Said invoice shall be due and payable immediately.
SECTION 5. That the City Clerk shall provide each candidate or the candidate's
representative a copy of this Resolution at the time nominating papers are issued.
SECTION 6. That all previous resolutions establishing Council policy for payment of
candidate's statements are repealed
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
Resolution.
2 6405
PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF DECEMBER, 2003.
/s/ JOHN WUO
Mayor of the City of Arcadia
ATTEST:
. JU
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
C 5 � Mf�NUn� ---
City Attorney of the City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, California, hereby certify that
the foregoing Resolution No. 6405 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 2nd day of December, 2003, and that said Resolution was adopted by the
following vote, to wit:
AYES:' Councilmember Chang, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None D. AUMD
City Clerk of the City of Arcadia
3 6405
RESOLUTION NO. 6406
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO PERMIT
THE REGISTRAR- RECORDER OF SAID COUNTY TO RENDER
SPECIFIED SERVICES TO THE CITY RELATING TO THE
CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD
IN SAID CITY ON APRIL 13, 2004
WHEREAS, a General Municipal Election is to be held in the City of Arcadia, California
on April 13, 2004, and
WHEREAS, in the course of conduct of said election and in relation thereto, it will be
necessary to mail sample ballots and polling place inserts along with other related material to the
registered voters of the City, and it will facilitate such mailing if the Los Angeles County
Registrar- Recorder will perform duties outlined below; and
WHEREAS, all necessary expense in performing this service shall be paid by the City of
Arcadia.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That pursuant to the provisions of Section 10002 of the EIections Code of
the State of California, the City Council of the City of Arcadia hereby requests the Board of
Supervisors of said County to permit the County Registrar- Recorder to prepare and furnish to
said City for use in conducting said Election the computer record of the names and addresses of
all eligible registered voters in said City in order that the City may print labels to be attached to
self,- mailer sample ballot pamphlets; and also to furnish to the City printed indices of the voters
to be used by the precinct board at the polling place; and to make available to the City additional
election equipment and assistance,according to state law.
SECTION 2. That said City shall reimburse said County for services performed when
the work is completed and upon presentation to the City of a properly approved bill.
SECTION 3. That the City Clerk shall certify to the passage and adoption of this
resolution and is hereby directed to forward without delay to said Board of Supervisors and the
said Registrar- Recorder each a certified copy of this Resolution.
M
IASER`1MAGED
-1 P
PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF DECEMBER, 2003.
/s/ JOHN WUO
Mayor of the City, of Arcadia
ATTEST:
mot
low JUN ®m AVOW
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
L;,
City Attorney of the City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS:
CITY OF ARCADIA }
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, California, hereby certify that
the foregoing Resolution No. 6406 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 2nd day of December, 2003, and that said Resolution was adopted by the
following vote, to wit:
AYES: Councilmember Chang, Kovacic, Marshall, Segal and Wuo
NOES: Non
ABSENT: None JUNE / JU o AUMD
City Clerk of the City of Arcadia
2 6406
RESOLUTION NO. 6407
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, ORDERING THE CANVASS OF THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON APRIL 13,
2004, TO BE MADE BY THE CITY CLERK OF THE CITY OF
ARCADIA
WHEREAS, a General Municipal Election will be held and conducted in the City of
Arcadia, County of Los Angeles, State of California, on Tuesday, April 13,1004, as required by
law; and
WHEREAS, the City Council of said City desires the canvass of said election to be made
by the City Clerk of said City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. That pursuant to Section 10263 of the Elections Code of the State of
California, the canvass of the General Municipal Election to be held in the City of Arcadia,
County of Los Angeles, State of California, on Tuesday, April 13, 2004, is hereby ordered to be.
made by the City Clerk of said City.
SECTION 2. That the City Clerk of said City shall prior to April 20, 2004, complete the
canvass of said General Election and shall certify the results to this City Council on April 20,
2004.
SECTION 3, That the City Clerk shall certify to the passage and adoption of this
Resolution.
LASER IMAGED
6407
PASSED, APPROVED AND ADOPTED THIS 2ND DAY OF DECEMBER, 2003.
/s/ JOHN WUO
Mayor of the City of Arcadia
ATTEST:
06
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
R ,tom. P? lk qa
City ottA rney of the City of Arcadia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, California, hereby certify that
the foregoing Resolution No. 6407 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 2nd day of December, 2003, and that said Resolution was adopted by the
following vote, to wit:
AYES: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
ioe,
STAFF REPORT
Public Works Services Department
December 2, 2003
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Dire or
Prepared by: Gary F. Lewis, General Services Ma ager
SUBJECT: Determine Continuation of Emergency Action - Resolution no. 6385
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 (4/5) vote, that there is need to continue this emergency action.
LASER IMAGED
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
December 2, 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: "°°—' A
William R, Kelly, City Manager
PM:GFL:dw
Attachment: Resolution No. 6385
4 K izCO12 32AJ
W
STAFF REPORT
Administrative Services Department
Date: December 2, 2003
To: Mayor and City Council
From: Tracey L. Hause, Administrative Services DirecOo
SUBJECT: Resolution No. 6403 amendinq Resolution No. 5608 for leave donations —
catastroohic iniury/illness /disability
Recommendation: Adopt
SUMMARY
The City of Arcadia's Resolution No. 5608 provides for. fringe benefits and related
compensation for its employees. Currently the Resolution allows for employees that
have been stricken' by a catastrophic, life threatening illness or injury to receive
donations of accumulated vacation hours from fellow employees. The proposed
Resolution No. 6403 for consideration would allow an employee to receive donations of
accumulated vacation hours from fellow employees not only for a personal illness
also for an illness of a family dependent living within their household or a minor child.
DISCUSSION
One of the benefits for City employees is the ability for an employee who has a
catastrophic, life threatening illness or injury and is in danger of having his/her
accumulated paid leave time depleted, to receive donations of accumulated vacation
hours from fellow employees. Donations of time is limited to accrued vacation or
compensatory time, but does not include accrued sick leave, holidays, or any other
accumulated leave.
There may also be cases when an employee's family dependent living within their
household, or the employee's minor child may also be stricken by a catastrophic, life
threatening illness or injury, and it is necessary for the employee to be away from the
workplace for a period of time caring for their dependent. As a result, the employee
may be in danger of depleting their accumulated leaves. Staff is recommending the City
LASER IMAGED
broaden the . policy and allow fellow employees to donate accrued vacation or
compensatory time to an employee for the care of family dependents.
FISCAL IMPACT
There is not a fiscal impact to the City in broadening the policy related to leave
donations for a catastrophic, life threatening illness or injury.
RECOMMENDATION:
Adopt Resolution No. 6403 of the City Council of the City of Arcadia
amending Resolution No. 5608 for leave donations- catastrophic
injury/illness /disability.
Approved:
William R. Kelly, City Manager
4!rl :�(Il fit ..J t1 Al
RESOLUTION NO. 6403
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AMENDING RESOLUTION NO.
5608 REGARDING LEAVE DONATIONS — CATASTROPHIC
INJURYALLNESS/DISABILITY
WHEREAS, City Council Resolution No. 5608 sets forth various fringe
benefits and related compensation for officials, officers and management
employees of the City; and
WHEREAS, Section 36 of Resolution No. 5608 provides for amendment
and modification of Resolution No. 5608 (the Fringe Benefits Resolution) by City
Council approved resolutions that direct inclusion of any changes as part of any
such resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
SECTION 1. Section 22(a) of Resolution No. 5608, LEAVE
DONATIONS — CATASTROPHIC INJURY/ILLNESS /DISABILITY, is amended
to read as follows:
"Upon verification of information from a medical authority that an employee
or a family dependent living within their household, or the employee's
minor child, has been stricken by a catastrophic, life threatening illness or
injury, and upon verification that the employee is in danger of having his/her
LASER IMAGED
�y
accumulated paid leave time depleted, the appointing power and City
Manager may determine that an employee is eligible to receive donations of
accumulated vacation hours from fellow employees."
SECTION 2. Section 22 (g) is added to Resolution No. 5608, LEAVE
DONATIONS — CATASTROPHIC INJURY/ILLNESS/DISABILITY to read as
follows:
"If any employee is caring for a family dependent living within their
household, or the employee's minor child, his/her time away from work on
donated leave shall not exceed 12 weeks in a 12 -month period. A 12 -month
period is defined as a rolling period measured backward from the date leave
is taken and continuous with each additional leave day taken.
SECTION 3. Except as amended by this Resolution No. 6403, all other
sections of prior resolutions regarding benefits and compensation for management
employees shall remain in full force and effect.
SECTION 4. The Administrative Services Director shall include all
amendments to Fringe Benefit Resolution No. 5608 that are made by this
Resolution No. 6403 and shall provide for the original to be kept in the office of
the City Clerk with copies to all departments.
N
SECTION 17
Resolution.
The City Clerk shall certify to the adoption of this
Passed, approved and adopted this 2nd day of December , 2003.
/s/ JOAN WQO
Mayor of the City of Arcadia
ATTEST:
1W JUNE M
City Clerk
APPROVED AS TO FORM:
City Attorney
3
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 Resolution No. 6403 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 2nd day of December, 2003 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Members Chang, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
City Clerk -of the City of Arcadia
2
K) 8.
Date: December 2, 2003
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: STEPHEN P. DEITSCH, CITY ATTORNEY S-k(o-lM P. [s riG
Prepared By: Lisa Mussenden, Legal Coordinator U<�q "
SUBJECT: RECOMMENDATION TO ADOPT RESOLUTION NO. 6408
APPROVING AND ADOPTING AN AMENDED APPENDIX TO
THE CITY'S CONFLICT OF INTEREST CODE PURSUANT TO
THE POLITICAL REFORM ACT OF 1974
SUMMARY
The City has recently revised and reclassified various City employee positions. As
a result, the City is required to revise the City's list of Designated Employees
(Appendix Exhibit "A ") contained in the City's Conflict of Interest Code in order
to cover the revised and reclassified employee positions. The City's list of
Designated Employees currently contains the titles of positions that are
inappropriately listed in the list of Designated Employees. A revision of the list of
Designated Employees is required to separate these positions as filers of
Statements of Economic Interests under the Government Code from the City's
Designated Employees who must file Statements of Economic Interests pursuant to
the City's Conflict of Interest Code. Furthermore, during the City Attorney's
review and revision of the list of Designated Employees, it was found that several
currently listed positions are assigned Disclosure Categories (listed in Appendix
Exhibit `B ") that are outside the scope of their current responsibilities. Thus, a
revision of Disclosure Categories for several employees is recommended.
The Political Reform Act of 1974, Government Code Section 81000 et sea (the
"Act ") requires all public agencies to adopt and promulgate a conflict of interest
code. Section 87306 of the Act requires that conflict of interest codes be amended
for changed circumstances. Changed circumstances include the establishment of
LASER IMAGED
new positions which must be designated and relevant changes to disclosure
categories. Revisions must be submitted to the City Council as the code reviewing
body after the changed circumstances necessitating the amendments to the Code
have become apparent.
Attached are clean and redlined (showing revisions made) versions of the proposed
revised Appendix to the City's Conflict of Interest Code. The revisions are based
on the reclassification which established new positions, changed titles of some
current positions, and deleted some other positions. The proposed revised
Appendix further reflects changes to the assigned disclosure categories to eliminate
the need for over - disclosure.
Finally, the positions that are governed by the disclosure requirements of the
Government Code have been separated and removed from the list of Designated
Employees and are specified as statutory filers under the Government Code.
RECOMMENDATION
That the City Council adopt Resolution No. 6408 approving and adopting an
amended appendix to the City's Conflict of Interest Code pursuant to the Political
Reform Act of 1974.
CONCUR:
William R. Kelly
City Manager
Attachment: Resolution No. 6408
�nA
RESOLUTION NO. -6408
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA APPROVING AND
ADOPTING AN AMENDED APPENDIX TO THE
CONFLICT OF INTEREST CODE PURSUANT TO THE
POLITICAL REFORM ACT OF 1974
WHEREAS, the Legislature of the State of California enacted the Political
Reform Act of 1974, Government Code Section 81000, et seq. (the "Act "), which
contains provisions relating to conflicts of interest governing officers, employees and
consultants of the City of Arcadia (the "City"), and which requires all public agencies
to adopt and promulgate a conflict of interest code; and
WHEREAS, the City Council has adopted a Conflict of Interest Code (the
"Code ") which was most recently amended on December 17, 2002, in compliance with
Government Code Section 81000, et seq.; and
WHEREAS, subsequent changed circumstances within the City have made it
advisable and necessary pursuant to 87306 and 87307 of the Act to amend
and update the Appendix to the City's Code; and
WHEREAS, the potential penalties for violation of the provisions of the Act are
significant and may include criminal and civil liability, as well as equitable relief
which could result in the City being restrained or prevented from acting in cases where
the provisions of the Act may have been violated; and
LASER IMAGED
lip
WHEREAS, notice of the time and place of a public meeting on, and of
consideration by the City Council of, the proposed amended Appendix was provided to
each affected designated employee and was publicly posted for review at the office of
the City Clerk; and
WHEREAS, a public meeting was held regarding the proposed amended
Appendix at a regular meeting of the City Council on December 2, 2003, at which all
persons present were given an opportunity to be heard on the proposed amended
Appendix.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
SECTION 1. The City Council does hereby approve and adopt the
proposed amended Appendix to the City's Conflict of Interest Code, a copy of which is
attached hereto and which shall remain on file with the City Clerk together with the
City's Conflict of Interest Code and which shall remain available for inspection by the
public.
SECTION 2. . The amended Appendix to the City's Conflict of Interest
Code shall become effective thirty (30) days after the date of its adoption.
SECTION 3. The City Clerk shall certify to the adoption of this
Resolution.
F
Passed, approved and adopted this 2nd day of December , 2003.
/s/ JOHN WUO
Mayor of the City of Arcadia
ATTEST:
10 JUNE Do
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
�k� P. 46;
City Attorney
-3-
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 Resolution No. 6408 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 2nd day of December, 2003 and that said
Resolution was adopted by the following vote, to wit:
AYES: Council Members Chang, Kovacic, Marshall, Segal and Wuo
NOES: None
ABSENT: None
City Clerk of the City of Arcadia
El
LAW OFFICES OF
BEST BEST & KRIEGER LLP
APPENDIX
CONFLICT OF INTEREST CODE
OF THE
CITY OF ARCADIA
(Amended December 2, 2003)
EXHIBIT "A"
The Mayor, Members of the City Council and Planning Commission, the City
Manager, the City Attorney, the City Treasurer, and all Other City Officials who manage
public investments as defined by 2 Cal. Code of Regs. § 18701(b), are NOT subject to
the City's Code but are subject to the disclosure requirements of the Act. (Government
Code Section 87200 et sea.). [Regs. § 18730(b)(3)]
OFFICIALS WHO MANAGE PUBLIC INVESTMENTS
It has been determined that the positions listed below are Other City Officials
who manage public investments These positions are listed here for informational
purposes only.
Financial Services Manager
Financial Consultant 4 '
v Individuals holding one of the above - listed positions may contact the FPPC for
assistance or written advice regarding their filing obligations if they believe that their
position has been categorized incorrectly. The FPPC makes the final determination
whether a position is covered by § 87200.
RVPUB\DMV\662637 -20- - BBK - November 2003
LAW OFFICES OF
BEST BEST B KRIEGER LLP
DESIGNATED POSITIONS
GOVERNED BY THE CONFLICT OF INTEREST CODE
DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
Accounting Supervisor
5,6
Administrative Assistant, Sr. (ALL)
7
Administrative Services Director
6
Assistant City Librarian (ALL)
7
Assistant City Manager /Development Services Director
1,2
Assistant Director of Recreation and Community Services
2, 4, 7
Assistant Engineer (Public Works)
2, 3, 4
Assistant Engineer (Development Services)
2, 3, 4
Assistant Human Resources and Risk Manager
7
Assistant Planner
2, 3, 4, 7
Associate Civil Engineer (ALL)
2, 3, 4
Associate Planner
2, 3, 4, 7
Building Official
2, 3, 4, 7
Business License Officer
3,7
Chief Deputy City Clerk/ Records Manager
7
Chief of Police
3, 4, 7
City Attorney (not filing under Gov. Code §87200) 1,2
RVPUBZh M662537 -21- . BBK- November 2003
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
DISCLOSURE CATEGORIES
ASSIGNED
City Clerk
Code Services Officer
Combination Inspector (ALL)
Communications and Marketing Specialist (ALL)
Communications, Marketing and Special Projects Manager
Community Development Administrator
Deputy City Clerk
Deputy Fire Chief.
Deputy Fire Marshal
Director of Library and Museum Services
Director of Recreation and Community Services
Economic Development Administrator
Engineering Assistant, Sr.
Engineering Services Administrator /City Engineer
Environmental Services Officer
Field Services Manager
Fire Administrative Specialist
Fire Battalion Chief (ALL)
Fire Battalion Chief /Fire Marshal
Fire Captain
7
3
2, 3, 4, 7
7
1,2
1,2
7
2, 3, 4, 7
3,7
7
2, 4, 7
1,2
3,4
2, 3, 4, 7
7
2, 4, 7
7
7
3,7
3.7
HVPUB\DMV%662637 -22- BBK - November 2003
LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED EMPLOYEES' DISCLOSURE CATEGORIES
TITLE OR FUNCTION ASSIGNED
Fire Chief
2, 3, 4, 7
Fire Division Chief
7
Fire Inspector
3,7
General Services Manager
1,2
General Services Superintendent
7
Historical Museum Curator
7
Human Resources Analyst
7
Human Resources and Risk Manager
7
Human Resources Technician
7
Information Systems Manager
7
Legal Coordinator
7
Maintenance Contract Officer
7
Management Aide
7
Management Analyst (ALL)
7
Planning Services Manager
2, 3, 4, 7
Police Captain (ALL)
3,7
Police Communications and Information Systems Specialist
7
Principal Librarian
7
Public Works Inspector
2, 3, 4
Public Works Services Director
1, 2,
RVPUB\DW662637 - - 23- BBK - November 2003
- LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
Public Works Technician
Purchasing Officer
Recreation Coordinator
Recreation Supervisor
Revenue Collection Specialist
Senior Citizens Supervisor
Senior Civil Engineer
Senior Planner
Special Assistant to the City Manager
Storekeeper /Buyer
Streets Superintendent
Transportation Services Officer
Utilities Superintendent
Warehouse Manager
Water Quality /Backflow Inspector
Youth Services Supervisor
DISCLOSURE CATEGORIES
ASSIGNED
3,7
6
7
7
1,2
7
2, 3, 4, 7
2,3,4,7
1,2
7
7
7
2, 4, 7
7
7
7
RVPUBID\fvM1662637 -24- BBK - November 2003
-LAW OFFICES OF
BEST BEST & KRIEGER LLP
DESIGNATED EMPLOYEES'
TITLE OR FUNCTION
. MEMBERS OF BOARDS,
COMMISSIONS AND COMMITTEES
Homeowners Assn. Architectural Review Board
Library Board of Trustees
Parking Place Commission
Redevelopment Commission
Consultant y
DISCLOSURE CATEGORIES
ASSIGNED
1,2
2, 4, 7
7
1,2
W Consultants shall be included in the list of Designated Employees and shall
disclose pursuant to the broadest disclosure category in this Code subject to the
following limitation:
The City Manager may determine in writing that a particular consultant, although
a "designated position," is hired to perform a range of duties that are limited in
scope and thus is not required to fully comply with the disclosure requirements
described in this Section. Such written determination shall include a description of
the consultant's duties and, based upon that description, a statement of the extent
of disclosure requirements. The City Manager's determination is a public record
and shall be retained for public inspection in the same manner and location as this
Conflict of Interest Code.
nRVPUMDMVW62637 -25- BBK - November 2003
LAW OFFICES OF
BEST BEST & KRIEGER LLP
EXHIBIT "B"
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of investments,
business entities, sources of income, or real property which the Designated Employee
must disclose for each disclosure category to which he or she is assigned.
Category 1 - All Business Entities Doing Business in the City All
investments and business positions in, and sources of income from, business entities that
do business or own real property within jurisdiction of the City, plan to do business or own
real property within the jurisdiction of the City within the next year, or have done business
or owned real property within the jurisdiction of the City within the past two (2) years.
Category 2 - Real Propert y : All interest in real property which is located in
whole or in part within, or not more than two (2) miles outside, the jurisdiction of the City.
Category 3 - Regulated Business All investments and business positions
in, and sources of income from, business entities subject to the regulatory, permit, or
licensing authority of the Designated Employee's Department, will be subject to such
authority within the next year, or have been subject to such authority within the past two
(2) years.
Category 4 - Construction and Real Estate All investments and business
positions in, and sources of income from, business entities that are engaged in land
development, construction, or the acquisition or sale of real property within the jurisdiction
of the City, plan to engage in such activities within the jurisdiction of the City within the
next year, or have engaged in such activities within the jurisdiction of the City within the
past two (2) years.
Category 5 - Financial Institutions All investments and business positions
in, and sources of income from, business entities that are banking, savings and loan, or
other financial institutions.
Category 6 - City Suppliers All investments and business positions in, and
sources of income from, business entities that provide services, supplies, materials,
machinery, vehicles or equipment of a type purchased or leased by the City.
Category 7 - Department Suppliers All investments and business positions
in, and sources of income from, business entities that provide services, supplies, materials,
machinery, vehicles or equipment of a type purchased or leased by the Designated
Employee's Department.
RVPUB\DMVV,62637 -26- BBK - November 2003
Library and Museum Services Department
December 2, 2003
TO: Mayor and City Council
FROM: Janet Sporleder, City Librarian
By: Jackie Faust - Moreno, Assistant City Librarian
SUBJECT: Acceptance: software from the Bill & Melinda Gates Foundation U.S. Library
Program, fair market value: $9,189.00
Recommendation: Accept the donation
Summary In 2000, The Bill & Melinda Gates Foundation approved a grant for the purchase of five
computers and one server at a discounted price for the Arcadia Public Library. Along with this purchase
they donated several software packages of interest to children and adults. They are now providing
software upgrades for those computers.
Discussion: In the late 1990's, The Bill & Melinda Gates Foundation encouraged public libraries
throughout United States to participate in their grants for free or discounted computers. With this grant,
the Arcadia Public Library was able to purchase several new computers for the public's use including
many software packages supplied for free from the Foundation. This current upgrade will allow the
public to have timely information when using this software.
All gifts to the Library are subject to approval by the City Council pursuant to City Charter article VIII
section 809 (d).
Fiscal Impact The Library will experience an added $9,189.00 value of software for its public
computer workstations.
Recommendation It is recommended that the City Council accept the donation of software from the
Bill & Melinda Gates Foundation U.S. Library Program (estimated fair market value: $9,189.00)
Approved by: SC"'� �krt
William R. Kelly, City Manager
LASER IMAGED
to q
° °•P�.Tj9 °� STAFF REPORT
Development Services Department
DATE: December 2, 2003
TO: Mayor and City Council
FROM: Don Penman, Assistant City Manager /Development Services Director
Janet Spodeder, Library and Museum Services Director
By: Brian Saeki, Management Analyst
SUBJECT: Acceptance —Arcadia Public Library — mtenor Kenovanon
Recommendation: Accept all work performed by K & S Design
Construction Inc. as complete and authorize final payment to be made in
accordance with contract documents
SUMMARY
On June 17, 2003, the City Council awarded a contract to K & S Design Construction
Inc. in the amount of $106,500 for the Arcadia Public Library Phase I Interior
Renovation. Three (3) change orders were issued during the project in the amount of
$5,306.75.
On July 29, 2003, the contractor completed the construction phase of the project to the
City's satisfaction. The final construction cost is $111,806.75. The contractor has
submitted his required "close -out" documentation, as required in the specifications, that
includes product warranties, additional /unused materials, etc. 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.
The services of Charles Walton Associates (architect) were retained on March 5, 2002
to prepare a space allocation study for the Library. A half -day "Design Camp" was held
on June 13, 2002 with members from the community, Library Board, Consultant team
and Library staff to discuss alternatives for the interior remodel. As a result of the
Design Camp, the Charles Walton was directed to prepare two schematic designs
(Phase I & Phase II) and estimated construction costs for the interior remodel of the
Library.
LASER IMAGED
3P
Mayor and City Council
December 2, 2003
Page 2
The Phase I interior improvements included: 1) relocating and constructing a new
conference room, 2) reconfiguring existing space to accommodate a library service
manager, management analyst, work room and clerical area, 3) creating space for back
newspapers, oversized books, and a _volunteer Friends Foundation office and 4)
relocating existing bookshelves and storage areas to accommodate the new spaces.
All work was within the footprint of the existing building. These improvements were
budgeted as part of the 2002 -03 Capital Improvement Program.
The Phase II interior improvements included creating a teen center and enlarging the
area for international language materials. These improvements were not budgeted in.
the 2002 -03 Capital Improvement Program but can be budgeted and completed in a
subsequent year.
The Phase I improvements were advertised for bids in May with a bid opening on May
20, 2003. Three bids were received. The low bidder, Delta Contractors, immediately
requested their bid be withdrawn due to a clerical error. The second lowest bidder, K &
S Design Construction was responsive and their bid was less than the architects
construction cost estimate.
DISCUSSION
On June 17, 2003, the Council awarded the Library Phase I contract to K & S Design
Construction Inc. in the amount of $106,500.
K & S successfully completed the project with quality workmanship and in a timely
manner. There were three (3) changes orders totaling $5,306.75. These changes
included re- routing of'existing duct work to compensate for a rigid support structure,
adding a new t -bar ceiling in the new conference room, replacing existing ceiling tiles
with new in the administration area and installing three (3) existing cabinets with a new
base and countertop for additional newspaper storage.
FISCAL IMPACT
A total of $63,500 was budgeted in the 2002 -03 Capital Improvement Program for this
project. The City Council at its' June 17, 2003 meeting approved an additional $82,150
in capital . outlay funds for additional architectural and construction management
services. The original contract amount was $106,500. With the change orders, the final
construction cost of the project is $111,806.75. The remaining balance of the funds
were applied towards architectural and construction management costs.
Mayor and City Council
December 2, 2003
Page 3
RECOMMENDATION
That the City Council accepts all work performed by K & S Design Inc. for the
Arcadia Library- -Phase I Interior Renovation Project as complete and authorize
final payment to be made In accordance with contract documents.
Approved By: SnOA
WILLIAM R. KELLY, CITY MANAGER
No � ,
r7
STAFF REPORT
Administrative Services Department
DATE: December 2, 2003
TO: Mayor and City Council
FROM: Tracey L. Hause, Administrative Services Direct
SUBJECT: Revised class specifications for Police Lieutenant and revised and new
class specifications and compensation levels for Librarian 1 /II
Recommendation:' Approve
SUMMARY
Staff is recommending that the City Council approve the revised class specifications for
Police Lieutenant and revised and new class specifications and compensation levels for
Librarian 1 /II.
DISCUSSION
In 1999, the City Council adopted the Personnel Classification and Compensation Plan
that was prepared by Personnel Concepts. This study provided new job titles, job
descriptions, and compensation levels to manage City job classifications.
Periodically, City departments experience the need to create new classifications or
revise existing job descriptions to address new operating needs. Requests are
reviewed by the City Manager, and if approved, the Administrative Services
Department/Human Resources Division will conduct assessment interviews and
analysis to evaluate the requests and make recommendations. A report is then brought
to the Human Resources Commission for review and approval of all job descriptions,
prior to the job descriptions being sent to the Council for final approval.
The proposed new and revised job classifications pertain to the following City
departments:
Police Department
Current minimum qualifications require a Police Lieutenant to possess five years of law
enforcement experience including three years of supervisory experience. California
P.O.S.T. guidelines award the Supervisory Certificate after two years of service at the rank
LASER IMAGED [of
of Sergeant, thereby qualifying Sergeants for promotion to the rank of Lieutenant in most
other Police departments. Establishing minimum qualifications for the position of Police
Lieutenant with two years of supervisory experience will align the Police. Department with
P.O.S.T. standards and provide for a larger candidate pool when testing for promotional
positions.
The current minimum qualification standards for the position of Police Lieutenant were
established many years ago and have evolved over time. When the three -year level of
supervisory experience was first adopted, there was no educational requirement for
Lieutenants other than a high school diploma. Since then, the Police Department has
upgraded the educational standards for the Lieutenant position, requiring candidates to
possess a Bachelor's degree from an accredited college or university with major course
work in police science, public or business administration, or a related field.
In order to expand recruitment efforts, and align current class specifications with
P.O.S.T. guidelines and industry standards, the Police Department is proposing that the
requirements for Police Lieutenant be modified requiring five years of responsible law
enforcement experience including two years of supervisory experience.
This revision does not necessitate a change in salary, therefore does not have a financial
impact.
Library
Currently, the class specifications for Librarian do not allow for professional,growth and
career development. Whereas the other positions in the Library such as the Library
Aide 1 /11 and Library Technician 1 /II are designed as flexible staffing positions in which
employees can promote from one level to the next, the Librarian only has one level.
The current structure makes it difficult to retain Librarians who are highly qualified and
well trained since there is no room for professional growth.
The Library and Museum Services Department has proposed changes to the title and
class specifications for Librarian, making it a flexible staffing position and allowing
employees to promote from Librarian I to Librarian II.
The proposed changes also include a modification to the minimum qualifications.
Current class specifications for Librarian require that applicants possess one year of
professional Library experience. Eliminating this requirement will enable the Library to
attract applicants who have just received their Master's Degree in Library and
Information Services. Furthermore, it will promote cross training among the more
experienced Librarians within the different divisions of the Library. Establishing two
levels would allow the Library to acknowledge the experienced Librarians while giving
them more responsibility and placing them at a higher salary range than the entry level
Librarians. The Librarian I position is recommended to remain at the current range of
57 ($3,673 — $4,586). Range 62 ($4,155 - $5,189) is recommended for the Librarian II.
All class specifications were presented and approved by the Human Resources
Commission at their regularly scheduled meeting on November 13, 2003.
1.1
FISCAL IMPACT
Implementation of the proposed changes in the Library will result in an estimated annual
increase of $2,796 annually to the General Fund, as one employee may be immediately
eligible for the Librarian II classification. Sufficient funds are available in the budget to
address this increase. Future changes in staffing levels in these two classifications will
be addressed as part of the 2004 -05 FY Budget.
RECOMMENDATION
Approve the revised class specifications for Police Lieutenant and revised
and new class specifications and compensation levels for Librarian I /II
Approved: 4 =1
William R. Kelly, City Manager
Attachments
CITY OF ARCADIA
POLICE LIEUTENANT
Under general direction, to serve as Patrol or Section Manager having direct administrative
control over an assigned section; to supervise, plan and coordinate the activities and
operations of an assigned section within the Police Department including Patrol, Investiga-
tions, or Administration; to coordinate assigned activities with other divisions, outside
agencies, and the general public; and to provide highly responsible and complex staff
assistance to the Police Captain and Police Chief.
SUPERVISION EXERCISED
Exercises direct supervision over supervisory, professional, technical, and clerical staff.
EXAMPLES OF IMPORTA AND ESSENTIAL. DUTIES
Coordinate the organization, staffing, and operational activities for an assigned section
within the Police Department including Patrol, Investigations, or Administration.
Participate in the development and implementation of goals, objectives, policies, and
priorities for the assigned operations or program; identify resource needs; recommend and
implement policies and procedures.
Select, train, motivate and evaluate assigned personnel; provide or coordinate staff training;
work with employees to correct deficiencies; implement discipline and termination
procedures.
Direct, coordinate and review the work plan for the assigned operations or program; meet
with staff to identify and resolve problems; assign work activities and projects; monitor
work flow; review and evaluate work products, methods and procedures. .
Identify opportunities for improving service delivery methods and procedures; review with
appropriate management staff; implement improvements.
Participate in the development and administration of the assigned budget; forecast additional
funds needed for staffing, equipment, materials, and supplies; direct the monitoring of and
approve expenditures; recommend adjustments as necessary.
Coordinate assigned services and activities with those of other divisions and outside
agencies and organizations; maintain and facilitate public relations and cooperative working
City of Arcadia
Police Lieutenant (Continued) Page 3 of 8
EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES
Respond to and resolve difficult inquipies and complaints.
Attend and participate in professional group meetings; stay abreast of new trends and
innovations in the field of law enforcement.
Review new laws and ordinances; develop and implement directives and procedures in
response to changes.
Evaluate Department training needs and make recommendations; coordinate, develop,
implement, and monitor training programs for the Department including remedial training,
firearms, equipment, and self - defense training, and field training.
When assigned to Administrative Lieutenant:
Serve as supervisor and coordinating manager over the Department's community relations
program (P.A.C.E.).
Administer the City s Animal Control Services.
Serve as presiding officer of the City's administrative review process for parking citations.
Represent the Police Department on the City's Management Safety Committee. .
Assume responsibility for the overall condition of the Police facility.
When assigned to Investigations Lieutenant:
Review and assign cases to staff daily and conduct follow -up status reviews via a tracking
system on assigned cases.
Personally handle sensitive and/or politically associated cases.
Conduct hearings on stored/impounded vehicles.
Coordinate and assist with major investigations.
Prepare press releases when appropriate.
City of Arcadia
Police Lieutenant (Continued) Page S of 8
JOB RELATED AND ESSENTIAL OUALMCATIONS
Knowledee of
Operational characteristics, services and activities of a comprehensive law
enforcement program.
Modem and complex principles and practices of law enforcement program
development and administration.
Law enforcement theory, principles and practices and their application to a wide
variety of services and programs.
Pertinent Federal, State and local laws and ordinances, particularly with reference to
apprehension, arrest, search and seizure, evidence and records maintenance, and
traffic control.
Principles and practices of community oriented policing.
Jail operations, police records and reports procedures.
Disaster preparedness and emergency operations.
Modern investigative methods including interviewing and interrogation techniques.
Technical and administrative phases of crime prevention and law enforcement
including investigation and identification, patrol, traffic control, records
management, and care and custody of property.
Recent court decisions and how they affect department and division operations.
Functions and objectives of Federal, State, and other local law enforcement
agencies.
Use of firearms and other modern police equipment.
First aid principles, practices and techniques.
Self defense tactics.
Principles of budget preparation and control.
Principles of supervision, training and performance evaluation.
City of Arcadia
Police Lieutenant (Continued) Page 7 of 8
Ability to
Meet the physical requirements necessary to safely and effectively perform the
assigned duties.
Prepare and maintain accurate and complete records.
Prepare clear and concise reports.
Prepare and administer budgets.
Respond to requests and inquiries from the general public.
Exercise good judgment, flexibility, creativity, and sensitivity in response to
changing situations and needs.
Communicate clearly and concisely, both orally and in writing.
Establish, maintain and foster positive and harmonious working relationships with
those contacted in the course of work.
Minimum Oualifrcations
Experience
Five years of responsible law enforcement experience including two years of
supervisory experience.
Trainin :
Equivalent to a Bachelor's degree from an accredited college or university
with major course work in police science, public or business administration,
or a related field.
License or Certificate
Possession of, or ability to obtain within one year, a P.O.S.T. Middle Management
Certificate.
Possession of, or ability to obtain, an appropriate, valid driver's license.
CITY OF ARCADIA
LIBRARIAN I
LIBRARIAN R
Under immediate supervision (Librarian n or general supervision (Librarian II) to perform
professional library work in one or more assigned areas of the Library; and to perform
extensive customer service duties.
Librarian I - -This is the entry level in the Librarian class series. Positions at this level
usually perform most of the duties required of the positions at the Librarian H level, but are
not expected to function at the same skill level and usually exercise less independent
discretion and judgment in matters related to work procedures and methods. Work is
usually supervised while in progress and fits an established structure or pattern. Exceptions
or changes in procedures are explained in detail as they arise.. Since this class is used as an
entry-level class, employees will have the professional education but may have only limited
or no directly related work experience.
Librarian II - -This is the full journey level in the Librarian class series. Positions at this
level are distinguished from the Librarian I level by the performance of the full range of
duties as assigned, working independently and exercising judgment and initiative. Positions
at this level receive only occasional instruction or assistance as new or unusual situations
arise, and are fully aware of the operating procedures and policies of the work unit.
Positions in this class series are flexibly staffed and positions at the Librarian Il level are
normally filled by advancement from the Librarian I level with three years of increasingly
responsible library experience and responsibility for a major library collection or activity,
functional cross training in other library service areas, and successful performance reviews.
When filled from the outside, the employee is required to have prior related experience,
which allows the employee to meet the qualification standards for the Librarian II level.
SUPERVISION EXERCISED
Librarian I
May supervise technical, clerical and volunteer staff.
Librarian II
Exercises direct supervision over technical, clerical and volunteer staff.
,
City of Arcadia
Librarian I /II (Continued) Page 3 of 5
Maintain and continually update knowledge of new and existing library materials in a
variety of formats.
Maintain local community contacts; initiate, develop and maintain positive relations with
patrons and others as relevant to local library operations and services.
OTHER JOB RELATED DUTIES
Perform related duties and responsibilities as assigned.
JOB RELATED AND ESSENTUL QUALIFICATIONS
Librarian I
Knowledge of
Procedures and policies of library organization.
Principles and practices of collection development.
Children's interests and planning practices for successful storytimes, class visits, and
other programming.
Youth and adult interests and planning. practices for successful programming_ to
support educational, informational, and recreational needs of a diverse community.
Types and uses of library reference tools; materials, literature, and publications. .
Modern office practices, methods, and computer equipment.
Principles and procedures of record keeping and statistical reporting.
Principles and practices used in dealing with the public.
Principles and practices of MARC format for cataloging.
Skill to
Operate modern office equipment including computer equipment.
Operate a variety of audio - visual and specialty equipment including projection
system, poster printer, die -cut machine, label- maker, laminator, and specialty cutters.
City of Arcadia
Librarian I /ll (Continued) Page 5 of 5
Knowledge of
Principles and practices of archival preservation.
Principles and practices of current cataloging procedures.
Principles and practices of managing a Federal Depository Collection.
Principles and practices of media collections and electronic resources.
Principles and practices of programming for children, youth and adults.
Ability to
Interpret and explain library policies and procedures.
Accurately determine the nature of patron needs and requests.
Minimum. Oualifications
Experience
Three years of increasingly responsible library experience, and responsibility
for a major library collection or activity, and functional cross training in
other library service areas.
Trainin :
Equivalent to a Master's degree in Library Science from an ALA accredited
college or university.
Special Requirements
Essential duties require the following physical abilities and work environment:
Ability to sit, stand, walk, kneel, crouch, stoop, squat, crawl, twist, and lift, carry,
push, and pull 20-30 lbs.
Effective Date: November 2003
V) 1 \ I
a�
vE
STAFF REPORT
Office of the City Manager
December 2, 2003
TO: Mayor and City Council f�,
FROM: William R. Kelly, City Managerul f k'
By: Cindy Flores, Special Assis an to the City Manager C�-
SUBJECT: Professional Services Aqreement — national leqislative
advocacy services
Recommendation: Authorize the City Manager to enter into a Professional
Services Agreement in the amount of $65,000 with The Ferguson Group
for national legislative advocacy services
SUMMARY
Since 1996, The Ferguson Group (TFG) has been assisting the cities of Arcadia and
Sierra Madre with funding for water infrastructure improvement projects. Since 1999 we
have submitted other projects for federal funding consideration.
As a direct result of our relationship with TFG this past year, $1.2 million was secured
for joint water infrastructure improvement projects with the City of Sierra Madre; other
potential projects are still pending before Congress. To date, $10,872,000 of federal
funding has been received and the current contract expires on December 19, 2003.
DISCUSSION
Based upon the success experienced over the last several years with nearly $11 million
received in grants for water projects and other projects, staff is confident the partnership
with TFG will continue to be a lucrative investment. Not only are members of TFG team
knowledgeable about the federal process, funding availability and the kind of projects
that typically receive funding, they are also instrumental in scheduling meetings with key
legislators and their staffs in Washington, D.C. This has allowed the Arcadia /Sierra
Madre team to personally make presentations about specific projects directly to the
people who are responsible for allocating federal funds.
LASER IMAGED
The Ferguson Group
December 2, 2003
Pagetwo
FISCAL IMPACT
The $65,000 annual retainer remains the same as last year and includes unlimited
service each month and overhead expenses. As in the past, this cost will be shared
- between the General Fund (35 %), the Water Fund (50 %) and the Redevelopment
Agency (15 %).
RECOMMENDATION
The expenditure of funds for legislative advocacy has proven to be very beneficial. It is
therefore recommended that the City Council authorize the City Manager to execute
a Professional Services Agreement with The Ferguson Group to represent the
City of Arcadia on legislative issues and revenue opportunities, subject to review
and approval by the City Attorney, for a twelve (12) month period, effective
December 19, 2003.
f � C �APOMS & �e °' STAFF REPORT
Fire Department
DATE: December 2, 2003
TO: Mayor and City Council
FROM: David R. Lugo, Fire Chief,[lW
By: Donald Shawver, Fire Division Chief
SUBJECT: Purchase of Personal Alarm Dosimeters for the Fire Department in the Amount of
$30.310 from Arrow -Tech to Enhance Counter Terrorism Capability in
Accordance with Homeland Security Efforts.
Recommendation: Approve
SUMMARY
Funding for the personal alarm dosimeters is provided for in the Los Angeles County Operational
Area - FY03 (Part I) State Homeland Security Grant Program. The purpose of this Staff Report
is to obtain Council Approval for the purchase of detection equipment for the Fire Department.
Staff recommends that the City Council authorize the purchase of 100 alarm personal" dosimeters
from Arrow -Tech, in the amount of $30,310.
BACKGROUND
The personal alarm dosimeters are used by firefighters and other first responders to assist in the
detection of radiological agents and levels of exposure.
This equipment is consistent with the goal of the FY03 (Part I) State Homeland Security Grant
Program to provide financial assistance for the purchase of specialized equipment to enhance the
capabilities of state and local agencies to respond to incidents of terrorism involving the use of
weapons of mass destruction; for the protection of critical infrastructure; for costs related to the
design, development, conduct and evaluation of WMD exercises; and for administrative costs
associated with the implementation of the program.
DISCUSSION
Currently, the City of Arcadia has 16 RAD -60 personal alarm dosimeters, maintained at the
Police Department, which were the result of earlier Homeland Security grants. This additional
equipment will further enhance our capabilities for response in incidents of terrorism and will be
available for use for our first responders within the community and on a more regional basis in
mutual aid response.
LASFR II„Au'L_
Mayor and City Council
December 2, 2003
Page 2
Formal bids were requested and obtained from six qualified vendors in accordance with City
purchasing procedures. Arrow -Tech was the lowest qualified bidder.
FISCAL IMPACT
Funding for the personal alarm dosimeters is provided for in the Los Angeles County Operational
Area - FY03 (Part I) State Homeland Security Grant Program.. Previous council approval has
established a Homeland Security Fund for purchasing this equipment. Funds expended for these
acquisitions will be returned to the City through grant reimbursement.
RECOMMENDATION
It is recommended that the City Council award the purchase of 100 personal alarm
dosimeters to Arrow -Tech, in the amount of $30,310.
Approved:
William R. Kelly, City Manager
STAFF REPORT
Office of the City Manager
December 2, 2003
TO: Mayor and City Council IJI,'
FROM: William R. Kelly, City Manager U�o vt�V
By: Cindy Flores, Special Assistant to the City Managereq-
SUBJECT: Report Regarding Vehicle License Fee Backfill
Recommendation: Provide Direction
SUMMARY
Governor Schwarzeneggar has fulfilled his campaign promise to roll back the Vehicle
License Fee (car tax) by two - thirds to its pre- triggered rate. As a result, the DMV is
only collecting the base amount of VLF, an approximate 70% overall reduction in
revenues to cities, unless the legislature and Governor fund the VLF backfill.
DISCUSSION
With the potential loss of revenue from the Vehicle License Fee, funding of critical
local services will be jeopardized. On November 24, Senator Jim Brulte introduced
legislation (SBX51 attached) that is designed to keep the other part of the Governor's
VLF promise; that is, to hold cities and counties harmless from the reduction.
The City of Arcadia has gone on record with the former administration, with our
legislators, and with our lobbyist on multiple occasions regarding this issue. If the VLF
is not backfilled, we would lose from $2 to $3 million annually from our General Fund.
While the voters have spoken, the legislators must be reminded of the state's promise
to backfill funds for local services.
LASER RAGED
Si"
VLF Backfill
December 2, 2003
Page two
DISCUSSION (continued)
In addition to Senator Brulte's SBX51, the League of California Cities has joined
forces with the California State Association of Counties (CSAC) and the California
Special Districts Association (CSDA) to sponsor a ballot initiative in November 2004,
entitled the Local Taxpayers and Public Safety Protection Act, to put voters in charge
of whether local tax dollars should be used to fund state services. It will not raise
taxes, it will not repeal laws the state has already passed, it will not require the return
of property taxes already taken, it will not affect funding of schools, and it will not
prevent structural reform of the fiscal system. It will: 1) require that structural changes
be planned collaboratively by state and local leaders; 2) require approval by a majority
of the electorate before a proposed state law may take effect that reduces the sales,
property and VLF funds of cities, counties and special district; and 3) clarify the state's
duty to reimburse in a timely way for a new mandated program or higher level of
service, protecting local governments from hidden cost shifts. The League is asking
for city support of this initiative.
FISCAL IMPACT
If the VLF is not backfilled, we would lose from $2 to $3 million annually. If the City
supports the Local Taxpayers and Public Safety Protection Act, the League of
California Cities may ask for future contributions to the initiative.
RECOMMENDATION
The staff recommends that the City Council review and discuss the matter.
Attachment
C17' I
CALIFORNIA LEGISLATURE - 2003 -04 FIFTH EXTRAORDINARY SESSION
No. I
SENATE BILL
Introduced by Senator Brulte
November 20, 2003
00 of Chapter 157
An act to repeal Item 9100'102 -0001 of Section 2.
of the Starates of 2003, relating to vehicle llc ens ereof, t take effect
a ppropriation therefor, and declaring the urgency
immediately.
LEGISLATIVE COUNSEL'S DIGEST
$B 1, as introduced, Brulte. Vehicle license fees.
The Vehicle License Fee (VLF) Law establishes, in lieu of any ad
valorem property tax upon vehicles, an annual license fee for any amoun of 2% of the
vehicle subject to registration i this
pecifed1The VLF L w offsets this n the'
market value of that vehicle, as s
due date on or
amount by 67.5% for vehicle license fees with a final
after July 1, 2001. upon receipt of monthly
Existing law requires the Controller, p
specified funds m the General Fund an amount e equal to those amounts
necessary to reimburse local governments for losses resulting from the
isting law limits the amount of moneys available for
VLF offset. Ex local governments during the 2003 -04 fiscal year to
reimbursement is
$1,000. 000 reimbursement limitation
This bill would repeal) tnate$3,625,000,100 from the General Fund
and would instead app P
on of the VLF governments for revenue 1GSSes resu nng
for reimbursement
from the app
99
SB 1 —2—
Existing law requires the VLF offsets to be proportionately reduced
within 90 days of a finding that there are insufficient moneys available
to be transferred from the General Fund to fully fund the vehicle license
fee offsets. The vehicle license fee offset was reduced to zero for the
period beginning on and after October 1, 2003. On November 17, 2003,
that reduction of the vehicle license fee offset was rescinded.
This bill would appropriate $10,300,000 from the General Fund for
allocation to the Department of Motor Vehicles for the purpose of
administering refunds of vehicle license fees paid on and after October
1, 2003, for which vehicle license fee offsets were not allowed.
This bill will declare that it is to take effect immediately as an urgency
statute.
Vote: 2 /3. Appropriation: yes. Fiscal committee: yes. State - mandated
local program: no.
The people of the State of California do enact as follows:
I SECTION 1• Item 9100 - 102 -0001 of Section 2.00 of the
2 Budget Act of 2003 (Chapter 157 of the Statutes of 2003) is
3 repealed.
4
5 ,
6 hicie
7 cities min}- counties ............................ i-;9B8
8 Previsiens.
9 , Hw
10
12 Scetions Ee
13 and Texatiarr&r
14 SEC. 2. The sum of three billion six hundred twenty -five
15 million dollars ($3,625,000,000) is hereby appropriated from the
16 General Fund for allocation during the 2003-04 fiscal year by the
17 Controller, pursuant to subdivision (a) of Section 11000, for the
18 transfers required to be made to reimburse local governments for
19 revenue losses resulting from the application of the vehicle license
20 fee offsets authorized pursuant to Section 10754.
21 SEC: 3. (a) The sum of ten million three hundred thousand
22 dollars ($10,300,000) is hereby appropriated from the General
23 Fund to the Department of Motor Vehicles for the purpose of
7 51 99
F
-3— SB 1
1 administering vehicle license fees offset refunds issued to those
2 taxpayers that paid vehicle license fee amounts on or after October
3 1, 2003, to which vehicle license fee offsets were not applied.
4 (b) The amount of moneys appropriated for the purpose set
5 forth in subdivision (a) shall be available for expenditure only
6 upon approval by the Department of Finance.
7 SEC. 4. This act is an urgency statute necessary for the
8 immediate preservation of the public peace, health, or safety
9 within the meaning of Article IV of the Constitution and shall go
10 into immediate effect. The facts constituting the necessity are:
11 In order to reimburse local governments for the revenue losses
12 associated with the vehicle license fee offset and to provide fair
13 and equal treatment to California taxpayers, it is necessary that this
14 act take effect immediately.
0
0
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