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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 99 F