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Home My WebLink AboutSeptember 4, 2007l' - ! \~ ~ ~~~^~^ NOTICE OF SPECIAL MEETING Auryn1.IW) C~~A~n~~Y o{t~°~`' As authorized by Califomia Government Code Section 54956 and Arcadia City Charter Section 408, a Special Meeting of the Arcadia City Council is hereby Cl~ Qf called to be held at the City ofArcadia Council Chamber Conference Room, 24~ W. ~ Huntington Drive, Arcadia, California at 5:00 p.m. on Tuesday, September 4, 2007. Arcadia At this Special Meeting, the following matters will be discussed, considered and acted upon: Office of the 1. CLOSED SESSION City Clerlc a. Pursuant to Govemment Code Section 54957.6 to confer with labor negotiators. City Negotiators: Mayor Segal and Mayor Pro Tem Harbicht Unrepresented Employee: Don Penman Jim Barrows Ciry Clerh. Pursuant to Govemment Code Section 54957.6 to confer with labor negotiators. City Negotiators: William W. Floyd, Tracey Hause and Mike Casalou. Employee Organization: Arcadia Police Officers' Association. c. Pursuant to Govemment Code Section 54956.9(b)(1) to confer with legal counsel regazding anticipated litigation: one (1) case. d. Pursuant to Government Code Section 549569(a) to confer with legal counsel regarding the case of Taboo Gentlemen's Club. Bill Badi Gaimnoh, Chawkat Jaiieh and Peck Entertainment Adventure Inc. v. Citv of Arcadia (Pasadena Superior Court Case No. GC039100). Prior to going into closed session, there will be time reserved for those who wish to address the City Council regarding the above items. No further business other than the above will be considered at this meeting. 240 Wut Hunungcon Drive Post Officc Box 60021 Arcadia, CA 91066-6021 (626)574-5455 (626) 447-7524 Faz Dated: August .Z`~ , 2007 1 Mayor of t e Cit of Arcadia Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574-5455. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. .~~p ~y CITY OF ARCADIA ~~~ CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING °0°a~ty^'0°m• TUESDAY, SEPTEMBER 4, 2007 AGENDA 6:00 p.m. Location: City Council Chamber Conference Room, 240 W. Huntington Drive CAIL TO ORDER ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: Mickey Segal, Mayor/Agency Chair Robert Harbicht, Mayor Pro Tem/Agency Vice Chair Peter Amundson, Council/Agency Member Roger Chandler, Council/Agency Member John Wuo, Council/Agency Member CLOSED SESSION/STUDY SESSION PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council/Redevelopment Agency during the Public Comments period is asked to complete a"Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the Closed Session/Study Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council/Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council/Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. STUDY SESSION Report, discussion and direction regarding the Parks and Recreation Master Plan and Park Facilities Impact Fee Report. 7:00 p.m., City Council Chamber RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING TO OPEN SESSION INVOCATION Reverend John Payton, Point Loma Nazarene University and Arcadia Police Chaplain PLEDGE OF ALLEGIANCE ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: Amundson, Chandler, Harbicht, Wuo and Segal REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION/STUDY SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. CITY COUNCIL ITEMS: a. RESOLUTION NO. 6585 FINDING THE CITY OF ARCADIA TO BE IN Recommended Action: Adopt PUBLIC COMMENTS ~5 minutes per person) Any person wishing to address the City Council/Redevelopment Agency during the Public Comments period is asked to complete a"Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the 7:00 p.m. Open Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council/Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council/Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK 2. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. REDEVELOPMENT AGENCY ITEMS: a. REGULAR MEETING MINUTES OF AUGUST 21. 2007. Recommended Action: Approve CITY COUNCIL ITEMS: REGULAR MEETING MINUTES OF AUGUST 21. 2007. Recommended Action: Approve C. d. e. CITY MANAGER a. b. APPROVE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ARCADIA AND DONALD PENMAN. Recommended Action: Approve ADJOURNMENT The City Council/Redevelopment Agency will adjourn this meeting in memory of Jim Libby and John Haigh to September 18, 2007, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. PURSUANT TO THE AMERICANS WITH DISABILITIES ACT, PERSONS WITH A DISABILITY WHO REQUIRE A DISABILITY-RELATED MODIFICATION OR ACCOMODATION IN ORDER TO PARTICIPATE IN A MEETING, INCLUDING AUXILIARY AIDS OR SERVICES, MAY REQUEST SUCH MODIFICATION OR ACCOMODATION FROM THE CITY CLERK AT (626) 574-5455. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THE MEETING. Recommended Action: Approve BACKSTOP AND AUTHORIZE THE PURCHASE OF THE BACKSTOP FOR 6 906. Recommended Action: Approve Recommended Action: Approve Recommended Action: App[ove CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING ANNOTATED AGENDA SEPTEMBER 4, 2007 CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer with labor NO negotiators. REPORTABLE City Negotiators: Mayor Segal and Mayor Pro Tem Harbicht ACTION Unrepresented Employee: Don Penman b. Pursuant to Government Code Section 54957.6 to confer with labor NO negotiators. REPORTABLE Citv Neqotiators: William W. Floyd, Tracey Hause and Mike Casalou. ACTION Emolovee Orqanization: Arcadia Police Officers' Association c. Pursuant to Government Code Section 54956.9(b)(1) to confer with legal NO counsel regarding anticipated litigation: one (1) case REPORTABLE ACTION d. Pursuant to Government Code Section 54956.9(a) to confer with legal NO counsel regarding the case of Taboo Gentlemen's Club, Bill Badi REPORTABLE Gammoh, Chawkat Jaiieh and Peck Entertainment Adventure Inc. v. Citv ACTION of Arcadia (Pasadena Superior Court Case No. GC039100). STUDY SESSION a. Report, discussion and direction regarding the Parks and Recreation ITEM NOT Master Plan and Park Facilities Impact Fee Report. DISCUSSED DUE PUBLIC HEARING TO TIME a. RESOLUTION NO. 6585 FINDING THE CITY OF ARCADIA TO BE IN ADOPTED CONFORMANCE WITH THE CONGESTION MANAGEMENT 5-0 PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT (LDR). 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. REGULAR MEETING MINUTES OF AUGUST 7, 2007. CITY COUNCIL ITEMS b. REGULAR MEETING MINUTES OF AUGUST 7, 2007. c. WAIVE THE FORMAL BID PROCESS AND APPROVE THE PURCHASE AND INSTALLATION OF A GEOGRAPHIC INFORMATION SYSTEM COMPLIANT SOFTWARE THAT WILL ACCOMMODATE THE STATE OF CALIFORNIA WIRELESS-AUTOMATIC LOCATION IDENTIFICATION FORMAT FROM EXECUTIVE INFORMATION SERVICES FOR $32,475, AND THE AMOUNT WILL BE REIMBURSED THROUGH A ONE-TIME ALLOTMENT THROUGH THE STATE OF GALIFORNIA W{RELESS ENHANCED 9-1-1 PR~JECT. APPROVED 5-0 APPROVED 5-0 APPROVED 5-0 d. AUTHORIZE AN APPROPRIATION IN THE AMOUNT OF $70,000 FROM APPROVED THE GENERAL FUND'S UNAPPROPRIATED FUND BALANCE FOR 5-0 THE REPLACEMENT OF THE LONGDEN AVENUE PARK BASEBALL FIELD BACKSTOP AND AUTHORIZE THE PURCHASE OF THE BACKSTOP FOR $6,906. e. ACCEPT ALL WORK PERFORMED BY HUMPHREY CONSTRUCTORS APPROVED FOR THE CONSTRUCTION OF A DEBRIS WALL AT WILDERNESS 5-0 PARK AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. 3. CITY MANAGER AUTHORIZE THE CITY MANAGER TO ENTER INTO A APPROVED PROFESSIONAL SERVICES AGREEMENT WITH STEINBERG 5-0 ARCHITECTS FOR ARCHITECTURAL DESIGN SERVICES FOR THE SCHEMATIC DESIGN PHASE FOR THE NEW CITY HALL PROJECT IN THE AMOUNT OF $152,OOQ, b. APPROVE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF APPROVED ARCADIA AND DONALD PENMAN. 5-0 49:0111 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 4, 2007 CALL TO ORDER Mayor Segal called the meeting to order at 5:00 p.m. ROLL CALL OF CITY COUNCILlREDEVELOPMENT AGENCY MEMBERS: PRESENT: Amundson, Chandler, Harbicht, Wuo and Segal ABSENT: None CLOSED SESSION/STUDY SESSION PUBLIC COMMENTS (5 minutes per person) None. CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: Mayor Segal and Mayor Pro Tem Harbicht Unrepresented Employee: Don Penman b. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. City Negotiators: William W. Floyd, Tracey Hause and Mike Casalou. Employee Organization: Arcadia Police Officers' Association. c. Pursuant to Government Code Section 54956.9(b)(1) to confer with legal counsel regarding anticipated litigation: one (1) case. d. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the case of Taboo Gentlemen's Club. Bill Badi Gammoh. Chawkat Jajieh and Peck Entertainment Adventure Inc. v. Citv of Arcadia (Pasadena Superior Court Case No. GC039100). STUDY SESSION a. Report, discussion and direction regarding the Parks and Recreation Master Plan and Park Facilities Impact Fee Report. This item was not discussed due to time and will be rescheduled to a future study session meeting. RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Segal convened the Open 3ession meeting at 7:05 p.m. in the Council Chamber. INVOCATION Reverend John Payton, Point Loma Nazarene University and Arcadia Police Chaplain 09-04-2007 49:0112 PLEDGE OF ALLEGIANCE Council Member Peter Amundson ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Amundson, Chandler, Harbicht, Wuo and Segal ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION ITEM City Attorney Steve Deitsch reported that the City Council/Redevelopment Agency Board met in a special closed session meeting to consider the four items (1.a thru 1.d) listed on the posted agenda. He noted that Item 1.c. related to potential litigation pursuant to the California Public Records Act. No reportable action was taken. Mr. Deitsch also reported that the Study Session item on the post agenda regarding the Parks and Recreation Master Plan and Park Facilities Impact Fee Report was not discussed due to time and will be rescheduled on a future agenda. SUPPLEMENTAL INFORMATION FROM REGARDING AGENDA ITEMS CITY MANAGER/EXECUTIVE DIRECTOR None MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IIV FULL A motion was made by Council/Agency Member Member Chandler and carried on roll call vote to rea and waive the reading in full. PUBLIC HEARING a. Amundson, seconded by Council/Agency d all ordinances and resolutions by title only Community Development Administrator Jason Kruckeberg provided the staff report regarding the Congestion Management Program and the CMP Local Development Report. He noted that each year every city in the State of California is required to submit to the Los Angeles County Metropolitan Transportation Authority (MTA) a Local Development Report and a resolution to be adopted by the City Council certifying that the City is in compliance with the local Congestion Management Program. He also explained that the Congestion Management Program assures that local agencies are providing transportation improvements to offset the traffic congestion as a result of new development. A motion to close the public hearing was made by Council/Agency Member Chandler, seconded by Council/Agency Member Harbicht and seeing no further objection, the Mayor closed the public hearing. 09-04-2007 Recommended Action: Adopt 49:0113 A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Member Harbicht and carried on roll call vote to adopt Resolution No. 6585 finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopt the CMP Local Development Report (LDR) and direct the City Clerk to transmit a fully executed copy of said Resolution and the Local Development Report to the Los Angeles County Metropolitan Transportation Authority. AYES: Council Member Chandler, Harbicht, Amundson, Wuo and Segal NOES: None ABSENT: None PUBLIC COMMENTS None REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Wuo announced that the first day of school is tomorrow and encouraged all parents to take their kids early because of traffic issues. Mayor Pro Tem Harbicht had nothing to report. Council Member Amundson noted that the City Council appreciates what the Arcadia Police Officers do for the community and hopes there are no misunderstandings regarding the current negotiation issues; he announced that September 11 is next Tuesday and would like everyone to remember that day and encouraged everyone to put flags out; and announced that he has extra flags and if anyone needs one to contact him. Council Member Chandler announced that Mike Lucas of the San Marino Tribune will no longer be reporting on Arcadia issues in the newspaper. City Clerk James Barrows had nothing to report. Mayor Segal announced and read registration information for the Arcadia Youth Basketball League which is on Sunday, September 16 at Arcadia High School and mandatory try outs are on September 23. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. REGULAR MEETING MINUTES OF AUGUST 21. 2007 Recommended Action: Approve CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES OF AUGUST 21. 2007. Recommended Action: Approve c. SOFTWARE THAT WILL ACCOMMODATE THE STATE OF CALIFORNIA 09-04-2007 3 49:0114 WIRELESS-AUTOMATIC LOCATION IDENTIFICATION FORMAT FROM EXECUTIVE INFORMATION SERVICES FOR $32,475, AND THE AMOUNT WILL BE REIMBURSED THROUGH A ONE-TIME ALLOTMENT THROUGH THE STATE OF CALIFORNIA WIRELESS ENHANCED 9-1-1 PROJECT. Recommended Action: Approve AUTHORIZE AN APPROPRIATION IN THE AMOUNT OF $70.000 FROM THE GENERAL FUND'S UNAPPROPRIATED FUND BALANCE FOR THE 6 906. Recommended Action: Approve ACCEPT ALL WORK PERFORMED BY HUMPHREY CONSTRUCTORS FOR THE CONSTRUCTION OF A DEBRIS WALL AT WILDERNESS PARK AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. Recommended Action: Approve Council Member Harbicht requested Consent Calendar Item 2.d be pulled for separate discussion. A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Member Chandler and carried on roll call vote to approve items 2.a through 2.c and 2.e on the City Council/Agency Consent Calendars. AYES: Council/Agency Members Harbicht, Chandler, Amundson, Wuo and Segal NOES: None ABSENT: None Council Member Harbicht commented that he did feel Item 2.d should not be part of the consent calendar since consent calendar items are considered routine items and the appropriation of this item is new and was not approved as part of the budget process and should be discussed separately. Public Works Services Director Pat Malloy explained the purpose of appropriating $70,000 from the General Fund's Unappropriated Fund balance for the replacement of the Longden Avenue Park baseball field backstop. A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Member Harbicht and carried on roll call vote to approve item 2.d on the City Council/Agency Consent Calendar. AYES: Council/Agency Members Chandler, Harbicht, Amundson, Wuo and Segal NOES: None ABSENT: None 09-04-2007 49:0115 3. CITY MANAGER a. ARCHITECTURAL DESIGN SERVICES FOR THE SCHEMATIC DESIGN PHASE FOR THE NEW CITY HALL PROJECT IN THE AMOUNT OF $152 000. Recommended Action: Approve Assistant City Manger/Development Services Director pon Penman provided the City Council with a brief history of the City Hall project since 2002 when a feasibility study of renovation options was completed. He noted that based on that study, the City Council determined that the best approach was to build a new City Hall at a different location within the Civic Center area. Economic Development Administrator Mary Cynar provided an overview of the RFP selection process, the architectural firm being recommended and the next steps for the project. She noted that the only fee being requested at this time is for Schematic Design and the "fixed fee" will be negotiated prior to the design development phase. Ms. Cynar also noted that upon completion of the RFP process for architectural design services for the new City Hall project, staff recommends the firm of SteinbergArchitects. A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Chandler and carried on roll call to authorize the City Manager to enter into a Professional Services Agreement with Steinberg Architects for Architectural Design Services for the Schematic Design Phase for the new City Hall project. AYES: Council/Agency Members Harbicht, Chandler, Amundson, Wuo and Segal NOES: None ABSENT: None b. APPROVE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ARCADIA AND DONALD PENMAN. Recommended Action: Approve Mr. Kelly announced that Mr. Penman has accepted the City Council's offer to serve as City Manager effective January 1, 2~08. He noted that the City Council established a subcommittee to develop an employment agreement between the City and Mr. Penman. Mr. Kelly nOted the most significant deal points of the employment agreement and recommends the City Council approve an Employment Agreement between the City and Donald E. Penman. A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Wuo and carried on roll call to approve an Employment Agreement between the City of Arcadia and Donald E. Penman. AYES: Council/Agency Members Harbicht, Wuo, Amundson, Chandler and Segal NOES: None ABSENT: None 09-04-2007 49:0116 ADJOURNMENT The City Council Redevelopment Agency adjourned this meeting in memory of Jim Libby and John Haigh at 8:05 p.m. to September 18, 2007, 6:00 p.m. in the City Council Chamber Conference Room. By: James H. Barrows, City Clerk i I ;' ~ v'1 1~~ ~ '1~~~~.c,n ~~=1 Lisa Mussenden, Chief Deputy City Clerk 09-04-2007 6 \ / STAFF REPORT Recreation and Community Services Department DATE: September 4, 2007 TO: Honorable Mayor and Member of the City Council FROM: ~Iliam R. Kelly, City Manager Roberta UVhite, Director of Recreation ~ Community Services Tom Tait, Deputy Public Works Services Director SUBJECT: Discussion and Direction regarding the Parks and Recreation Master Plan and Park Facilities Impact Fee Report INTRODUCTION: Following the adoption of the Recreation and Community Services Strategic Plan on April 4, 2006, the importance of parks and recreation services to community residents was affirmed. The Strategic Plan analyzed the Recreation and Community Services DepartmenYs programs, services and staffing. In addition, the Strategic Plan identified future priorities, for new activities and programs, as well as priorities for the development of new recreation facilities and suggested improvements needed to upgrade existing parks and facilities. The outcome of the Strategic Plan not only addressed issues afFecting the Recreation and Community Services Department, but also directed projects that needed to be on the work program for the Public Works Services Department, as the department responsible for park maintenance and the development of Capital Improvements. Because the City had no formal parks and recreation master plan, irrformation conceming parks and recreation facilities was located in a variery of sources. In an effort to consolidate information and to create a working document, the Pubtic Works Servicss and f2ecreation and Community Services staffs saw the benefit of combining all of the City's studies and reports conceming parks and facilities into one master plan document. The decision was made to develop the document in-house with the assistance of an outside consultant to organize the information and develop text for the document. Sections from the City's General Plan Update concerning recreation and open space, the Playground Safety Audit and Pa~lcs Infrastructure Analysis, the Recreation and Community Services Strategic Plan, the Arcadia Youth Master Plan were summarized and inGuded as part of the Parks and Recreation Master Plan. The public participation from the Strategic Plan process which inGuded a community forum and the distribution and compilation of two survey questionnaires was used to provide input regarding the types of programs and facilities most wanted by the community. DISCUSSION OF EXTISTING FEE: As paR of the initial process, staff and the consuftant reviewed the existing park fee structure and the need to establish a park standard to ensure that future recreation needs are being met. This included review of the current Park and Recreational Facilities Fund, which was established by ordinance in 1963. These special funds were designated for the acquisition, improvement or maintenance of public parks or playgrounds and equipment. The current fee structure charges subdividers $25 per lot split and dwelling unit fees of $185 per unit. These fees have not been adjusted since the Ordinance was adopted in 1963, and are considered low for today's market cost to acquire land or develop facilities. Since the purpose of the fee is to sustain the standard of providing recxeation facilities for the community for future growth, park fees should have been reviewed periodically and adjusted for inflation to keep pace with the cost to develop additional parks and facilities. A simple calculation using an inflation factor for the forty-four years shows that if the fee had been adjusted for inflation only the current fee would be $1,047 per unit. This figure would be higher if the inflated cost for acquiring land and installing improvements were also considered. As a result of this finding, staff entered into an agreement with MuniFinancial of Temecula to conduct a Park Impact Fee Study as part of the master. plan process to establish a park standard and update the fees to reflect currerrt costs for new facilities. AAASTER PLANlPARK FACIUTIES IMPACT FEE STUDY: The proposed Parks and Recreation Master Plan provides the community with an up- to-date inver~ory that identifies all public recreation resources and schools located in Arcadia. The public process iderrt~ed wanted and needed recreation programs and facilities for the community. One consisteM theme throughout the process was the perception that adding new programs and activities was limited by the amount of recreation facilities available to host them. The community recognized that staff did a great job providing a high level of service. It was also noted that through the efforts of the City, County and School District limited resources were effectively used for recreation programs and facilities. The feedback noted that there were not enough lighted facilities for evening outdoor activities including sports fields. A community gymnasium, perForming arts center and a youth center were also identified as needed. The Park Facilities Impact Fee Study, which is included in the Master Plan, identified that the Ciry's curcent park standard is 2.43 acres of parkland for every one thousand residents. The study also notes that some development will contin~, as outlined in the City's General Plan. In order to sustain the standard and not impact existing residents, a park impact fee is proposed for new residential development and expansion of existing residential properties so that new development pays the capital costs associated with that growth. The types of projects that could be funded with Park Facilities Impact Fees include the acquisition of parkland, adjacent street improvements, typical park improvements such as landscaping, iRigation and play structures, special use facilities and structures such as restrooms, sports complexes and buildings, and to expand facilities. These funds can only be used for "neH/' facilities or to "expand facilities", not to update existing facilities. Possible projects, with costs estimated, that could be funded with Park Facilities Impact Fees are noted on the Proposed Future Capitai Improvement Projects list (Attachment A.) Also included is a list of proposed renovation projects (Attachment B). The funding for renovation projects would need to be from the General Fund or other sources. Both of these project lists are also a part of the Master Plan. The proposed fee schedule was developed by establishing a park and facility standard based on current inventories within the community. The size of the population served was also part of the equation. Considered in identifying the per capita cost, was the current cost per acre to acquire land and the cost to improve the land. Those costs were then converted to a fee per unit of development based on densities (persons per dwelling unit). There is also a proposal to have a fee based on square footage of the proposed projects to cover increasing the size of existing homes. This is a one-time fee and can be charged only for an increase in size of the residence. For example if a 1,600 square foot house is demolished and a new residence that is 6,000 square feet is proposed, the impact fee for new development would be calculated based on the additional 4,400 square feet. The proposed fees for residential projects are as follows: Single Family Density 3.03 persons per unit $5,709/unit $2.85 per s.f. Multi Family Density 2.18 persons per unit $4,1031unit $3.73 per s.f. ' Single family is defined as "detached" dwelling unit versus multi-family, defined as -"attached" units, eg. condominiums, townhouses and apartments. A table comparing Arcadia's existing and proposed Park Impact Fees with those of other cities is included with this report (Attachment C.) CONCLUSION: As is obvious from the information provided we are behind in adjusting our Park Facilities Impact Fee. With reduced revenue sources available for park development there is a need to raise our fees. The City Council has options on the actual amount to be increased. ALTERWATNES: Accept the Parks and Recreation Master Plan and adopt the Park Facilities Fee Schedule as calculated. 2. Apply new Park Facilities Impact Fees only to new construction of Single Family and Multi Family residences at $5,709 tor Single Family and $4,103 for Multi Family. (This example would apply to vacant property versus demolition of an ezistising single family dwelling unit replaced by a single family development.) 3. Apply new Park Facilities Impact Fees for home additions at $2.85 per square foot for Singie Family and $3.73 per square foot for Multi Family for bedroom additions only. 4. Apply new Park Facilities Impact Fee on "net" versus "gross" development units. This example would apply to removing a single family dwelling unit and replacing with two or more single family dwelling units. (Exampie: 1 existing, 4 new = 3 net) 5. Apply new Park Facilities Impact Fees to Senior Citizen Housing Projects due to usage of facilities. (Some cities exempt this category of development.) 6. The fee could be incrementally adjusted upward annually, with a new base number. Approved: ~=°"~ William R. Kelly, City Manager Attachment A PROPOSED FUTURE CAPITAL IMPROVEMENT PROJECTS PROJECT COST 1. Foothiils Middle School Joint Use Gymnasium (Design & Construction)*' $1.5 Million 2. First Avenue Middle School Athletic Field Lighting'* $ 150,000 3. Convert Civic Center Athletic Field to all weather surface $ 500,000 4. Longden Park Baseball Fiefd Athletic Lighting $ 150,000 5. Civic Center Renovation Plan - Phase II Multi-Purpose Recreation & Meeting Center with designated areas for pre-school children and teenagers $8.0 Million 6. Windsor Baseball Field at Hugo Reid Park Athletic Lighting $ 150,000 7. Lojeski Baseball Field at Eisenhower Park Athletic Lighting $ 150,000 8. Central Computerized Field Lighting System $ 60,000 9. Wilderness Park Nature Center Expansion $ 450,000 10.Addition of Restrooms to Newcastle Park Utility Building $ 69,500 11.Addition of Restrooms to Tierra Verde Park Utility Building $ 69,500 12.Add Piayground Equipment to Fairview Avenue Park $ 65,000 13.Add Playground Equipment to Forest Avenue Park $ 65,000 14.Add a Group Picnic Shelterto Eisenhower Park $ 25,700 Total $11,404,700 `*Funds have been appropriated for these projects in the 2007-2012 Capital Improvement Plan Budget Attachment B PROPOSED RENOVATION PROJECTS PROJECT 1. Longden Park Baseball Field New Backstop and other renovations"* 2. Windsor Baseball Field at Hugo Reid Park Bleacher Replacement 3. Renovation of Restroom/Concession Building at Bonita Park Athletic Field 4. Newcastle Park New Fencing and other improvements 5. Holly Avenue School Tennis Court Resurfacing 6. Orange Grove Park miscellaneous improvements 7. Tripolis Friendship Park infrastructure improvements 8. Wilderness Park Bathrooms at Picnic Shelter ADA improvements Total COST $ 70,000 $ 70,000 $ 60,000 $ 25,000 $ 20,000 $ 25,000 $ 25,000 60 000 $ 355,000 **Currently pending City Council approval x N ~ ~ C : ~ 4 ~ i ~ I ."~ ` ~+ I n ! m ~ c ~ m i a I W 6 ~ ~ ~ W ' 4 1 , N 1 ~ ~ C S 9 ~ N f ~ ~ N ~ n ~ ~ 1 ~ s N ~ ~ f N p ~ ~ m ~ m ' o ; ~. s ~ ~ m m° `- ~ V W `~ f O 4 N ~ ~ ~ m c ~ 3 ~ c m = ~ T "~f w m 3 3 ~ ~ W ~ C= ~ ~ ? ~ N C~1 ~ ~ ~ N o a ~ ~ o d °w ~°n m ~ ~ ~ ~ ~ ~ ~\ \/ c°o rn O 3 ~ ~ ~ ~ n N yi fA O Q w W ~ 3 ~ N 3 O ~ N f p ~ H ~ P~ ~ 1 ~ ~ ~ ~ ~ ~ A ~ a ~ ~ m w ~y ~ ~ Q rt ~ ~ ~ ~ N EA ~ ~ W 2 W O ~ ~D . 69 9 6 y V ~ ~O y o rn a ~ N ~ 7 d N d 69 V) 7 O O ~ 0 o a ~ w ~ z 3 ~ ~ n A ~u pr~1~0\ ~ // STAFF REPORT Development Services Department September 4, 2007 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Director~ By: Jason Kruckeberg, Community Development Administrator ~"tiJ~ Prepared By: Thomas Li, Associate Planner ~'-i SUBJECT: CONSIDERATION OF RESOLUTION NO. 6585 FINDING THE CITY OF ARCADIA TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT (LDR). Recommendation: Adopt SUMMARY Each city in the State of California is required to submit annually a Local Development Report (LDR) and certify by resolution to the local Congestion Management Agency that it is in compliance with the local Congestion Management Program (CMP). For the City of Arcadia, the report and resolution are sent to the Los Angeles County Metropolitan Transportation Authority (MTA) as the local Congestion Management Agency. The report is due each year by September. Staff is recommending that the attached Resolution No. 6585 be adopted and sent to the MTA with the Local Development Report. BACKGROUND The Los Angeles County Metropolitan Transportation Authority (MTA) Congestion Management Program (CMP) was developed in response to the passage of Proposition 111 in 1990. Proposition 111 provided an increase in the State Gas Tax to fund regional transportation improvements (Streets and Highways Code, Section 2105) and included the CMP to monitor regional transportation conditions. Conformance with the CMP assures that local agencies are providing transportation improvements to offset the traffic congestion resulting from new development. If a city does not conform to the CMP, that city's share of the Gas Tax increase provided Reso. 6585 - CMP September 4, 2007 Page 1 by Proposition 111 may be withheld and allocated to the County to use on regional transportation projects. To assure conformance with the CMP, local agencies must perform the following actions: 1. Implementation of a Transportation Demand Management (TDM) Ordinance (Ord. 1984) and a Land Use Analysis (LUA) Program (Reso. 5780). 2. Submit to the Local Congestion Management Agency, by September of each year, a resolution finding that the City is in conformance with the CMP, and a Local Development Report (LDR) showing that the City is meeting its traffic congestion mitigation responsibilities. For the City of Arcadia, the resolution and LDR must be submitted to the MTA, and the LDR consists of a Deficiency Plan Status Summary; a New Development Activity Report; and Exempted Development Activity. The requirements of the TDM Ordinance (Ord. 1984) and the LUA Program (Reso. 5780) are being applied to relevant projects, and the attached Resolution No. 6585 and LDR verify that the City of Arcadia is in conformance with the CMP. DISCUSSION Compliance Action No. 1 The City Council adopted a Transpa~iation Demand Management (TDM) Ordinance (Ord. 1984) and a Land Use Analysis (LUA) Program (Reso. 5780) in 1994. The TDM Ordinance is applied to new, non-residential developments of 25,000 or more gross square feet. The LUA Program is applied to any project that is subject to an Environmental Impact Report (EIR) under the California Environmental Quality Act (CEQA). Compliance Action No. 2 Annually, a resolution and Local Development Report (LDR) must be submitted to the MTA by September to show that the City is meeting its traffic congestion mitigation responsibilities. The CMP requires that cities mitigate trafFic congestion resulting from new development. Historically, cities are required to track all new development activity and the CNP assesses debits and credits based on new development and demolition activity. In addition, cities may submit to the MTA a list of transportation projects that reduce local and/or regional traffic congestion for credits. This year, the only requirement for CMP compliance is to report on all new developme,~t activity using the LDR and adopt the self-certifying Resolution. The attached Resolution No. 6585 finds the City of Arcadia to be in conformance with the CP~1P and adopts the Local Development Report (LDR) in accordance with Reso. 6585 - CMP September 4, 2007 Page 2 California Government Code Section 65089. For the current reporting period (June 1, 2006 to May 31, 2007) the LDR consists of the following: . Deficiency Plan Summary This form (Section 1, Page 1) summarizes the LDR and shows the City's development totals. . Part 1: New Development Activity This form (Section 1, Page 2) shows the number of residential units built and other development activity based on building permits that were issued during the current reporting period. . Part 2: New Development Adjustments This form (Section 1, Page 3) shows the adjustments to the new development debits based on demolition permits that were issued during the current reporting period. . Part 3: Exempted Development Activity This form (Section 1, Page 4) shows that development which is exempt from being reported as "new development activity" such as low-income housing, and reconstruction of earthquake damaged buildings. ENVIRONMENTAL ANALYSIS Reporting on compliance with a local congestion management program is not subject to the California Environmental Quality Act (CEQA): The development or adoption of transportation improvement programs is exempt by statute (CEQA Guidelines Section 15276). FISCAL IMPACT Nonconformance with the CMP could jeopardize Gas Tax funds. If the MTA determined that a city is not in conformance with the CMP, the State Gontroller is notified to withhold from that jurisdiction its annual allocation of the State Gas Tax increase enacted by Proposition 111 (Streets and Highways Code, Section 2105). If, after 12 months, a city stiil has not conformed to the CMP, the withheld Gas Tax funds will be allocated to the County. For the City of Arcadia, the amount that is currently subject to CMP conformance is approximately $345,000.00. The City of Arcadia, however, is in conformance with the CMP, so these funds are not in jeopardy. Reso. 6585 - CMP September 4, 2007 Page 3 RECOMMENDATION It is recommended that the City Council: A. Adopt Resolution No. 6585: A Resolution of the City Council of the City of Arcadia, California, finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Development Report (LDR) in accordance with California Government Code Section 65089; and, B. Direct the City Clerk to transmit a fully executed copy of Resolution No. 6585 and the Local Development Report to the Los Angeles County Metropolitan Transportation Authority. Attachments: Resolution No. 6585 Local Development Report Approved: ~ `~ William R. Kelly, City Manager Reso. 6585 - CMP September 4, 2007 Page 4 RESOLUTION NO. 6585 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FINDING THE CITY OF ARCADIA TO BE 1N CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. WHEREA5, CMP statute requires the Los Angeles County Metropolitan Transportation Authority ("LACMTA"), acting as the Congestion Management Agency for Los Angeles County, to annually deternline that the County and cities within the County are conforming to all CMP requirements; and WHEREAS, LACMTA requires submittal of tl~e CMP Local Development Report by September of each year; and WHEREAS, the City Council held a noticed public hearing on September 4, 2007, concerning the CMP and the LDR. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City of Arcadia has taken all of the following actions, and that the City is in conformance with all applicable requirements of the 2004 CMP adopted by the LACMTA Board on July 22, 2004. The City has locally adopted and continues to implement a transportation demand management ordinance, consistent with the minimum requirements identified in the CMP Transportation Demand Management chapter. The City has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program chapter. The City has adopted a Local Development Report, attached hereto and made a part hereof, consistent with the requirements identified in the 2004 CMP. This report balances traffic congestion impacts due to growth within the City with transportation improvements, and demonstrates that the City is meeting its responsibilities under the Countywide Deficiency Plan consistent with the LACMTA Board adopted 2003 Short Range Transportation Plan. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolurion to the Los Angeles County Metropolitan Transportation Authority. Passed, approved and adopted this 4`h day of September, 2007. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORIv1: C~'~.~,~ ~- ~ City Attorney of the City of Arcadia -_ City of Arcadia Date Prepared: August 10, 2007 2007 CMP Local Development Report Reporting Period: JUNE 1, 2006 - MAY 31, 2007 Contact: Thomas Li Phone Number: 626•574-54d7 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY * IMPORTANT: All "#valuel" cells on this page are automatically calculated Please do not enter data in these cells. DEVELOPMENTTOTALS RESIDENTIAL DEVELOPMEfJT ACTIVITY Single Family Residential Multi-Family Residential Group Quarters Dwellin Units 7.00 21.00 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Commercial (less than 300,000 sq.ft.) Commercial (300,000 sq.ft. or more) Freestanding Eating & Drinking NON-RETAIL DEVELOPMENT ACTIVITY Lodging Industrial Office (less than 50,0~0 sq.ft.) Office (5D,000-299,999 sq.ft.) Office (300,000 sq.ft. or more) Medical Government In stitution af ( Ed ucati on a I University (# of students) OTHER DEVELOPMENT ACTIVITY ENTER IF APPLICABLE ENTER IF APPLICABLE EXEMPTED DEVELOPMENT TOTALS Exempted Dwelling Units Exempted Non-residential sq. ft. (in 1,0C 1,000 Net Sq.Ft ~ 82.20 0.00 5.80 ~,uvuneca .rc. 0.00 33.70 0.00 O.DO 0.00 6.80 Dail Tri s 0.00 0.00 0 1. Note: Please change dates on fhis form toNater years. oecuon ~, raye ~ 2. Net squa2 feef is the diffe2nce befween new development and adjustments enfered on pages 2 and 3. Cilt~/ Of /41'C8C~11 , Date Prepared: August 10, 2007 2007 CMP Local Development Report Reporting Period: JUNE 1, 2006 - MAY 31, 2007 Enter data for all cells labeled "Enter." If there are no data for that cate o, enter "0." •~ ~ •• . RESIDENTIAL DEVELOPMENT ACTIVITY Category Dwelling Units Single Famil Residential • 53.00 Multi-Famil Residential 44.00 Grou Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross S uare Feet Commercial less than 300,000 s.ft. 89.10 Commercial 300,OOd s.ft. or more 0.00 Freestandin Eatin & Drinking 0.00 NON-RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross S uare Feet Lod ing 0.00 Industrial 33.70 Offce (less than 50,000 s.ft. 0.00 Office 50;000-299,999 s .ft. O.OD Offce 300,000 s.ft. ormore 0.00 Medical 0.00 Government 0.00 Institutional/Educational 6.80 Universi # of students 0.00 OTHER DEVELOPMENT ACTIVITY Description Attach additional sheets if necessa Daily Trips (Enter "0" if none ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Section l, Page 2 City of Arcadia Date Prepared: August 10, 2007 2007 CMP Local Development Report Reporting Period: JUNE 1, 2006 - MAY 31, 2007 Enter data for all cefls fabeled "Enter." If there are no data for that catego , enter "0." . , . ~ ~ . , ~ IMPORTANT: Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any structure with the re ortin eriod. RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Dwelling Units Sin le Famil Residential 46.00 Multi-Famil Residential 23.OD Grou Quarters O.OD COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross S uare Feet Commercial less than 300,000 s.ft. 6.90 Commercial 300,000 s.ft. or more 0.00 Freestandin Eatin 8 Drinkin 5.80 NON-RETAIL DEVELOPMENT ACTIVITY Category 1,OD0 Gross S uare Feet Lod in 0.00 Industrial 0.00 O~ce (less than 5~,~00 s.ft. 0.00 O~ce 50,000-299,999 s .ft. 0.00 O~ce 300,000 s.ft. or more 0.00 Medical 0.00 Govemment 0.00 Institutional/Educational 0.00 Universit # af students 0.00 OTHER DEVELOPMENT ACTIVITY Description Attach additional sheets if necessa Daily Trips (Enter "0" if none ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Section !, Page 3 City of Arcadia Date Prepared: August 10, 2007 2007 CMP Local Development Report Reporting Period: JUNE 1, 2006 - MAY 31, 2007 Enter data for all celis labeled "Enter." If there are no data for that catego , enter "0" •~' ~ ~ •• . (NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS) . LowNery Low Income Housing ~D Dwelling Units High Density Residential ~D Dwelling Units Near Rail Stations Mixed Use Developments ~ 1,000 Gross Square Feet Near Rail Stations 0 Dwelling Units Development Agreements Entered ~ 1.000 Gross Square Feet into Prior to July 10, 1989 0 Dwelling Units Reconstruction of Buildings ~ 1,000 Gross Square Feet Damaged in April 1992 Civil Unrest 0 Dwelling Units Reconstruction of Buildings 0 ~ 1,000 Gross Square Feet Damaged in Jan. 1994 Earthquake Dwelling Units Total Dwelling Units 0 Total Non-residential sq. ft. (in 1,OOOs) 0 Section l, Page 4 Exemated Development Definitions: t. LowNery Low Income Housing: As defined by the California Department of Housing and Community Development as follows: - Low-Income: equal to or less than BO°/a of the County median income, with adjustments for family size. - Very Low-Income: equal to or less than 50% of the County median income, with adjustments for family size. 2. High Density Residential Near Rail Stations: Development located within 114 mile of a fixed rail passenger station and that is equal to or greater than 120 percent of the maximum residential densiTy allowed under the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre is automatically considered high density. 3. Mixed Uses Near Rail Stations: Mixed-use development located within 114 mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed use development is used for high density residential housing. 4. DevelopmentAgreements: Projects that entered into a development agreement (as specifed under Section 65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989. 5. Reconstruction or replacement of any residential or non-residential structure which is damaged or destroyed, to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity. 6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and where the local jurisdiction is precluded from exercising any approval/disapproval authority. These locally precluded projects do not have to be reported in the LDR. RESOLUTION NO. 6585 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FINDING THE CITY OF ARCADIA TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. WHEREAS, CMP statute requires the Los Angeles County Metropolitan Transportation Authority ("LACMTA"), acting as the Congestion Management Agency for Los Angeles County, to annually determine that the County and cities within the County are confornung to all CMP requirements; and WHEREAS, LACMTA requires submittal of the CMP Local Development Report by September of each year; and WHEREAS, the City Council held a noticed public hearing on September 4, 2Q07, concerning the CMP and the LDR. NOW, THEREFORE, THE CITY COLTNCIL OF THE CITY OF ARCADIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION i. That the City of Arcadia has taken all of the following actions, and that the City is in conformance with all applicable requirements of the 2004 CMP adopted by the LACMTA Board on July 22, 2004. The City has locally adopted and continues to implement a transportation demand management ordinance, consistent with the minimum requirements identified in the CMP Transportation Demand Management chapter. The City has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program chapter. The City has adopted a Local Development Report, attached hereto and made a part hereof, consistent with the requirements identified in the 2004 CMP. This report balances traffic congestion impacts due to growth within the City with transportarion improvements, and demonstrates that the City is meeting its responsibilities under the Countywide Deficiency Plan consistent with the LACMTA Board adopted 2003 Short Range Transportarion Plan. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the Los Angeles County Metropolitan Transportation Authority. Passed, approved and adopted this 4`~' day of September, 2007. IS< ICKEY S AL Mayor of the City of Arcadia ATTEST: ~5/ ES H. RR S City Clerk of the City of Arcadia APPROVED AS TO FORIVI: C~'C ~ I '. ~c~.clL~ City Attorney of the City of Arcadia 2 6585 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6585 was passed and adopted by the City Councii of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the 4th day of September, 2007 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Amundson, Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: None 1S/ JAMES H. ~R S City Clerk of the City of Arcadia 3 6585 Clt~/ Of ACC8CI18 Date Prepared: August 10, 2007 2007 CMP Local Development Report Reporting Period: JUNE 1, 2006 - MAY 31, 2007 Contact: Thomas Li Phone Number: 626-574-5447 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY * IMPORTANT: All "#value!" cells on this page are automatically calculated. Please do not enter data in these celis. DEVELOPMENT 70TALS RESIDENTIAL DEVELOPMENT ACTIVITY Single Family Residential Multi-Family Residential Group Quarters Dwellin Units 7.00 21.00 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Commercial (less than 300,000 sq.ft.) Commercial (300,000 sq.ft. or more) Freestanding Eating & Drinking NON-RETAIL ~EVELOPMENT ACTIVITY Lodging Industrial Office (less than 50,000 sq.ft.) Office (50,000-299,999 sq.ft.) O~ce (300,D00 sq.ft. or more) Medical Government I nstitutional/Ed ucational University (# of students) OTHER DEVELOPMENT ACTIVITY ENTER IF APPLICABLE ENTER IF APPLICABLE EXEMPTED DEVELOPMENT TOTALS Exempted Dwelling Units Exempted Non-residential sq. ft. (in 1,D0 1,000 Net S .Ft? 82.20 0.00 5.8~ 33.70 0.00 0.00 0.00 6.80 0.00 Dail Tri s 0.00 0.00 0 1. Note: Please change dates on this fomi forlateryears. secuon i, rage i 2. Net square feet is fhe difference between new developmenf and adfustments entered on pages 2 and 3. City of Arcadia Date Prepared: August 10, 2007 2007 CMP Local Development Report Reporting Period: JUNE 1, 2006 - MAY 31, 2007 Enter data for all cells labeled "Enter." If there are no data for that catego , enter "0." •• ~ •• , RESIDENTIAL DEVELOPMENT ACTIVITY Category Dwelling Units Sin le Famil Residential 53.00 Multi-Famil Residential 44.00 Grou Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross S uare Feet Commercial less than 300,000 s.ft. 89.10 Commercial 30D,000 s.ft. or more 0.00 Freestandin Eatin & Drinkin D.00 NON-RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross S uare Feet Lod in 0.00 Industriaf 33.70 O~ce less than 50,000 s.ft. 0.00 Office 50,000-299,999 s .ft. 0.00 Office 300,000 s.ft. or more 0.00 Medical 0.00 Government 0.00 Institutional/Educational 6.80 Universi # of students 0.00 OTHER DEVELOPMENT ACTIVITY Description (Attach additional sheets if necessa Daily Trips Enter "0" if none ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE O.DO Section 1, Page 2 City of Arcadia Date Prepared: August 10, 2007 2007 CMP Local Development Report Reporting Period: JUNE 1, 2006 - MAY 31, 2007 Enter data for all cells labeled "Enter." If there are no data for that catego , enter "0." • , - ~ • • , ~ IMPORTANT: Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any structure with the re ortin eriod. RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Dwel ling Units Sin le Famil Residential 46.00 Multi-Famil Residential 23.00 Grou Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross S uare Feet Commercial less than 300,000 s.ft. 6.90 Commercial 3D0,000 s.ft. or more 0.00 Freestandin Eatin 8 Drinkin 5.80 NON-RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross S uare Feet Lod in D.00 Industrial 0.00 Office less than 50,000 s.ft. 0.00 Office 5D,000-299,999 s .ft. 0.00 Office 300,000 s.ft. or more 0.00 Medical 0.00 Govemment 0.00 Institutional/Educational 0.00 Universi # of students 0.00 OTHER DEVELOPMENT ACTIVITY Description Attach additional sheets if necessa Daily Trips Enter "0" if none ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Section 1, Page 3 City of Arcadia Date Prepared: August 10, 2007 2007 CMP Local Development Report Reporting Period: JUNE 1, 2006 - MAY 31, 2007 Enter data for all cells labeled "Enter." If there are no data for that cate o, enter "0." ' ~ ~ ~ •- ~ (NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS) LowNery Low Income Housing ~0 Dwelling Units High Density Residential ~0 Dwelling Units Near Rail Stations Mixed Use Developments 0 1,000 Gross Square Feet Near Rail Stations 0 Dwelling Units DevefopmentAgreements Entered 0 1,000 Gross Square Feet into prior to July 10, 1989 0 Dwelling Units Reconstruction of Buildings ~ 1,000 Gross Square Feet - Damaged in April 1992 Civil-Unrest ---- 0- Dwelling-Units ---------- Reconstruction of Buildings 0 1,000 Gross Square Feet Damaged in Jan. 1994 Earthquake 0 Dwelling Units Total Dwelling Units 0 Total Non-residential sq. ft. (in 1,ODOs) 0 Secfion !, Page 4 Exem~ted Development Definitions: 1. LowNery Low Income Housing: As defined by the Califomia Department of Housing and Community Development as follows: - Low-fncome: equal to or less than 60% of the County median income, with adjustments for family size. - Very Low-Income: equal to or less than 50% of the County median income, with adjustments for family size. 2. High Density Residential Near Rail Stations: Development located within 1/4 mile of a fixed rail passenger station and that is equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre is automafically considered high density. 3. Mixed Uses Near Rail Stations: Mixed-use development located within 1/4 mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed use development is used for high density residential housing. 4. Development Agreements: Projects that entered into a deveiopment agreement (as specified under Section 65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989. 5. Reconstruction or replacement of any residential or non-residential structure which is damaged or destroyed, to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity. 6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and where the local jurisdiction is precluded from exercising any approval/disapproval authority. These locally precluded projects do not have to be reported in the LDR. n~ Metro Metropolikan lYensporlsdon Aulhority One Gateway Plaza zig.qzz.zooo Tel Los Angeles, CA gooiz-zg¢ metro.net September 13, 2007 Mr. Thomas P. Li City of Arcadia P.O. Box 60021 Arcadia, CA 91066-6021 Deaz Mr. Li: MTA is in receipt of the City of Arcadia's 2007 Local Development Report (LDR) and resolution self-certifying conformance with the Congestion Management Program (CMP) adopted by your City Council. MTA staf£will mview these documents, and contact you if we have any quesrions. You will be notified in advance of the meeting date when the MTA Board of D'uectors will make their annual finding regazding each local jurisdiction's conformance with the CMP. Please contact me at 213-922-7414 or email at alameidasna metro.net if you have any questions. Thank you for your on-going efforts for successful implementation of the CMP. Sincerely, ` 1.~ Stacy E. Alamei Program Manager, Congestion Management Program 49:0103 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, AUGUST 21, 2007 CALL TO ORDER Mayor Segal called the meeting to order at 5:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Amundson, Chandler, Harbicht, Wuo and Segal ABSENT: None CLOSED SESSION/STUDY SESSION PUBLIC COMMENTS (5 minutes per person) None. CLOSED SESSION a. Pursuant to Government Code Section 54957 to discuss the upcoming City Manager vacancy. b. Pursuant to Government Code Section 54957.6 to confer with labor negotiators. Citv Neqotiators: William W. Floyd, Tracey Hause and Mike Casalou. Em~lovee Orqanizations: Arcadia Public Employees Association, Arcadia City Employees, Arcadia Police Officers' Association, Arcadia Firefighters' Association and unrepresented employees: Department Heads, Division Managers, Supervisors, and Part-time employees. STUDY SESSION a. Report, discussion and direction regarding the establishment of a Citywide Street Lighting Assessment District. Mr. Malloy provided an overview regarding the establishment of a citywide street lighting assessment district. He discussed the estimated cost to the residents associated with the assessment for those residents who benefit from the street lighting in spec~c areas and the cost per household and parcel per year, the regional and local cost including ancillary costs in each zone and the balloting process. He explained which districts require iights and which districts would require upgrades only. b. Report, discussion and direction regarding City Investment Policy. Mr. Kelly announced that due to time constraints, this item will be placed on a future study session agenda. 08-21-2007 49:0104 RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Segal convened the Open Session meeting at 7:07 p.m. in the Council Chamber. INVOCATION Reverend Thomas Shriver, Emmanuel Assembly of God PLEDGE OF ALLEGIANCE Bob Sanderson, Chief of Police ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Amundson, Chandler, Harbicht, Wuo and Segal ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION ITEM City Attorney Steve Deitsch reported that the City Council/Redevelopment Agency Board met in a special meeting to consider two closed session items (1.a and 1.b) and one study session item (2.a) listed on the posted special meeting notice. Mr. Deitsch also reported that item 2.b was not considered and will be continued to a future study session meeting. Mr. Deitsch reported that closed session item 1.a was continued to a continued closed session special meeting immediately foliowing the regular meeting of the City Council; he also noted that that no reportable action was taken regarding item 1.b. Mr. Deitsch reported that regarding study session item 2.a there was a brief report and discussion concerning the possible establishment of a city wide street lighting assessment district and that the item will further be discussed under regular agenda item 3.b. SUPPLEMENTAL INFORMATION FROM REGARDING AGENDA ITEMS CITY MANAGER/EXECUTIVE DIRECTOR None MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council/Agency Member Amundson, seconded by Council/Agency Member Chandler and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PUBLIC HEARING a. Recommended Action: Adopt 08-21-2007 49:0105 Mr. Wray provided an overview on the formation and purpose of underground utility districts and explained the purpose of expanding Underground Utility District (UUD) No. 15. He noted that the Los Angeles County Department of Public Works is currently working on an underground utility district from the Arcadia westerly city limits to Rosemead Boulevard and further noted that Southern California Edison Company has requested the City expand its district boundary to the westerly city limits so that the underground work can be continuous between the two jurisdictions. Mr. Wray noted that the underground conduit work in UUD No: 15 is complete and the actual construction work in the expanded area will occur with the County's project and that all costs for construction will be paid for by the utility companies. A motion to close the public hearing was made by Council/Agency Member Chandler, seconded by Council/Agency Member Wuo and seeing no further objection, the Mayor closed the public hearing. A motion was made by Council/Agency Member Wuo, seconded by Council/Agency Member Chandler and carried on roll call vote to Adopt Resolution No. 6579 expanding the boundaries of Underground Utility District #15. AYES: Council Member Wuo, Chandler, Amundson, Harbicht and Segal NOES: None PUBLIC COMMENTS Troy Hernandez, President of the Arcadia Police Officers' Association appeared and spoke on behalf of the police officers' association regarding current negotiations and benefits and urges the City Council to accept their current proposal. William R. Foulk appeared and spoke regarding a vehicle on Third Avenue that has been blocking the public sidewalk area. Mr. Kelly advised Mr. Foulk that Police Chief Sanderson will contact him. Bill Mack appeared and spoke regarding a new L.A. Fitness near Duarte Road and expressed tra~c concerns, the 24 hours of operation and a parking modification submitted by L.A. Fitness. He advised that the appeal date for this project is tomorrow and requested that the City Council place this item on a future City Council agenda to consider additional information. In response to an inquiry by Council Member Harbicht regarding the new L.A. Fitness, Mr. Penman provided the City Council with a brief history of the Planning Commission's decision. In response to a statement provided by Mr. Kelly regarding the appeal process by any member of the City Council, Council Member Wuo announced that he would appeal the Planning Commission's decision regarding the new L.A. Fitness project so additional information can be provided to the City Council for consideration. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK Council Member Amundson commented that last month he attended the Independent Cities Association conference and received information regarding transportation gridlock; he commented on an article in the Pasadena Star Newspaper regarding State transportation issues; he commented that he attended another workshop regarding fiscal management and read a book by Len Wood regarding local government and the importance of guarding the general fund balance; he noted that other cities offer low interest home loans for police officers 08-21-2007 49:0106 so they can afford to live in the community they work in and asked Mr. Kelly to explore; and he commented on a letter that he received from Highland Homeowners Association regarding strip clubs. In response to a question by Mr. Amundson regarding strip clubs, City Attorney Steve Deitsch responded that the League of California Cities can provide information on what other cities have done regarding adult businesses; Mr. Deitsch noted that strip clubs are a very di~cult area of the law since first amendment rights are involved. Mr. Amundson further noted that Thursday is the last to day to donate items for the troops and record a video message to the troops; he commented that Arcadia has been very generous with employee contracts and shared his concerns regarding the long term expenses of the contracts. Council Member Chandler had nothing to report. Council Member Wuo commented on the complaint received during public comment regarding the vehicle blocking the public sidewalk; and noted that he was not aware of the deadline date for filing applications regarding the Alta Street project. Council Member Harbicht commented that the City Council appreciates the efforts of the police officers and noted that the matter should be resolved quickly. Council Member Harbicht inquired about the vehicle blocking the public sidewalk and Chief Sanderson responded that yes, if the vehicle is blocking the public sidewalk, it is a violation. He commented on a flyer he received in the mail which states that peacock's have the right of way to cross any street and driveway in Arcadia. City Clerk James Barrows commented that school will begin shortly and that everyone should drive safely; he thanked the City for sponsoring the concerts and thanked the Recreation Department for all their hard work in setting up; he announced that in July, the Arcadia High School baseball program hosted 3 Babe Ruth Baseball tournaments and the San Gabriel Valley team which consisted of kids who live in Arcadia or attended Arcadia High School won the series; he noted that the San Gabriel Valley team has won 3 of the last 4 years and thanked them for a great job representing the City. Mayor Segal reminded everyone that Thursday night is the last concert and encouraged residents to attend. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. REGULAR MEETING MINUTES OF AUGUST 7. 2007. Recommended Action: Approve CITY COUNCIL ITEMS: b. REGULAR MEETING MINUTES OF AUGUST 7. 2007. Recommended Action: Approve c. TIME EMPLOYEES. 08-21-2007 as:o~ o~ d. e. 9• h. k. Recommended Action: Adopt Recommended Action.` Approve OS-21-2007 2010. Recommended Action: Adopt JUNt 30. 2010. Recommended Action: Adopt 30. Z010. Recommended Action: Adopt Kecommentletl Action: Adopt Recommended Action: Adopt Kecommended Action: Approve vr ~~uy,avu. Recommended Action: Approve 49:0108 72 500. Recommended Action: Approve Councii Member Harbicht asked that City Council Consent Item 2.i be puiled for discussion. Council Member Amundson noted that he would abstain from Redevelopment Agency/City Council Items 2.a and 2.b since he was absent for that meeting. A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Member Chandler and carried on roll call vote to approve items 2.a through 2.h and 2.j through I on the City Council/Agency Consent Calendars. AYES: Council/Agency Members Harbicht, Chandler, Amundson, Wuo and Segal NOES: None ABSENT: None ABSTAIN: Council/Agency Member Amundson (abstained 2.a and2.b) Council Member Harbicht asked various questions regarding the special scientific study related to the Los Angeles River Metal TMDL and the shared cost with other cities and entities in the watershed area. Deputy Public Works Services Director Tom Tait provided a brief overview of each phase of the program and discussed the funding formula. A motion was made by Council/Agency Member Chandler, seconded by CounciUAgency Member Harbicht and carried on roll call vote to approve item 2.i on the City Council/Agency Consent Calendar. AYES: CouncillAgency Members Chandler, Harbicht, Amundson, Wuo, and Segal NOES: None ABSENT: None 3. CITY MANAGER a. Recommended Action: Provide Direction Mr. Kelly provided background information to the City Council regarding graffiti issues at Bonita Park and the Skate Park area. He provided an overview of alternatives taken at the park to reduce graffiti and also discussed alternatives to reduce the graffiti problem as directed at the June 5, 2007 City Council meeting. Mr. Keliy discussed four longer-term solutions including estimated costs and the possibility of installing security cameras. He noted that graffiti has decreased in the last couple of months. He advised that the City Council can choose one of the four proposed security measures or choose to take no action at this time and monitor the situation and bring the item back to the City Council if problems increase. OS-21-2007 49:0109 A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Wuo and carried on roll call to monitor the graffiti situation at Bonita Park and the Skate Park area and authorize staff to close the park for thirty (30) days if further incidents occur. AYES: Council/Agency Members Harbicht, Wuo, Amundson, Chandler and Segal NOES: None ABSENT: None b. Mr. Malloy provided an overview of the establishment of a citywide street lighting assessment district, current issues relating to street lighting assessments and system reliability. He discussed in the maintenance and replacement of the City's aging street lighting system, Santa Anita Oaks Home Owner's Association's request to upgrade its poles, inequity of assessments within the City and the approaching termination date of existing assessment districts. He explained and showed maps of the three zones in the City that would be converted with lights, sporadic lights and areas with no lights including the estimated regional costs, local costs, incidental costs and construction costs that would be assessed to each property owner annually in those areas. He also explained the proposed time lines for assessing the different districts beginning in October 2007. Mr. Kelly reminded the City Council that in 2010 the existing lighting districts will terminate and without a new assessment district, the cost to support the streetlights throughout the City would be paid by the City. A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Wuo and carried on roll call to proceed with the establishment of a citywide street lighting assessment district and Area 8 concurrently. AYES: Council/Agency Members Chandler, Wuo, Amundson, Harbicht and Segal NOES: None ABSENT: None 4. CLOSED.SESSION a. Pursuant to Government Code Section 54957 to discuss the upcoming City Manager vacancy. OS-21-2007 Recommended Action: Provide Direction 49:0110 ADJOURNMENT The City Council Redevelopment Agency adjourned this meeting in memory of Phyllis Tomkins, Warren Stute and Nick Pokrajac at 10:45 p.m. to an adjourned regular meeting on August 30, 2007 at 7:30 a.m. in the City Council Chamber Conference Room. James H. Barrows, City Clerk .~lA ~~~ ~i~ ~ By: Lisa Mussenden, Chief Depury City Clerk OS-21-2007 ~ ,....._.~. n.m~ b ~m ~ ~ STAFF REPORT Police Department DATE: September 4, 2007 TO: Mayor and Members of the City Council FROM: Robert P. Sandersan, Chief of Police'~ By: Nancy Chik, Management Analy~ SUBJECT: Recommendation: Waive the formal bid process and approve the purchase and installation of a Geographic Information System Compliant Software that will acxommodate the State of Califomia Wireless-Automatic Location Ident~cation Format from Executive Information Services for $32,475, and the amount will be reimbursed through a one-time allotment through the State of California Wireless Enhanced 9-1-1 Project. SUMMARY The Arcadia Police Department Dispatch Center has received wireless 9-1-1 calis since September 2004 as part of Phase I of the Wireless Enhanced 9-1-1 Plan. Phase I required the wireless service provider to fumish the 9-1-1 caller's callback number and originating celi towedsector identification that received the call. Phase II of the plan is ready to be implemented and the State of California, 9-1-1 Emergency Communications Office has approved a one-time funding allotment for cities that answer wireless 9-1-1 calls towards the purchase of a Geographic Information System (GIS). The GIS funding may be used for sofiware, hardware, and services necessary to provide the 9-1-1 call taker with GIS mapping location (latitude and longitude) of the wireless caller who dialed 9-1-1. Executive Information System (EIS) is the proprietary software provider for the Police DepartrnenYs public safety software system, and they have developed a new Computer Assisted Dispatch-~eographic Information System compliant software that will accommodate the State of Cal'rfomia Wireless-Automatic Location Identification (ALI) format, as well as future formats that will be integrated by EIS. The GIS compliant soflware for three dispatch workstations will cost $32,475, and the amount will be reimbursed by the State. BACKGROUND & DISCUSSION In the past, ail wireless 9-1-1 calis were routed directly to the regional California Highway Patrol (CHP) center and then the calis would be transferred to the appropriate local agencies. CHP currently receives an abundant number of calls, sometimes causing the callers to be queued for minutes before finally being transferred to the pr'oper local agencies. By answering the wireless 9-1-1 calls directly, the City provides prompt emergency service to our citizens and others passing through our jurisdiction, which could ultimately save lives. Wireless Enhanced 9-1-1 (E9-1-1) Project was divided into two phases. Phase I of the project required the wireless senrice provider to furnish a wireless 9-1-1 caller's telephone number, name of wireless provider, address of the cell tower location that received the call, and other information to the dispatch center, similar to a wire-line call. Phase I was also used to test the routing of wireless 9-1-1 calls to the local agencies as opposed to sending the calls to the CHP. The Arcadia Police Department Dispatch Center has received wireless 9-1-1 calls since September 2004. Phase II of the project is ready to be implemented and in this phase the wireless service providers are required to furnish a more precise location by providing the caller's latitude and longitude, generally within 55 to 330 yard accuracy, in addition to the other Phase I data. The State of Califomia, 9-1-1 Emergency Communications Office has approved a one-time funding allotrnent for cities that answer wireless 9-1-1 calls towards the purchase of a GIS. The GIS funding may be used for software, hardware, and services necessary to provide the 9-1-1 call taker with GIS mapping location (fatitude and longitude) of the wireless 9-1-1 caller. EIS has the proprietary rights/ownership to the law enforcement safety software programs used by the Police Department, and they have developed an advanced public safety network Computer Assisted Dispatch (CAD) with GIS mapping that will accommodate all the State of Calffomia ALI formats, as well as future formats. GIS is also referred to as the electronic mapping system, which reference geographical points on the earth and is basically comprised of two parts: digital map data files and map-reader software. The current system incorporates standard mapping that shows strategic information in the agency service area; including calls-for-seroice and active units. It is also based on public domain map information and is in a proprietary format, which dces not allow agencies to integrate their own map data and does not integrate map attribute data writh other CAD- GIS data files. The advanced mapping system is a new map display option for the CAD program that allows agencies to integrate their own map data or third party map data that may be more accurate than the public domain data in the standard product. The new mapping option by EIS is an integrated part of the CAD software which allows full interaction between received 9-1-1 calls, the CAD software, and the actual mapping function. Once the software is installed, all 9-1-1 calls, wiretess and wire-line, will be displayed on a map. The GIS will use approximately six map layers developed by the . City's in-house GIS Mapping Division to display the most accurate location of any 9-1-1 caller and will be tunctional with all service providers' data variations. Additional updates and datasets wili be developed by City staff and/or with the assistance of the GIS Educational Unit at Cal Poly Pomona. Staff recommends purchasing this new CAD-GIS compliant software that will accommodate the State of Califomia Wireless-ALI Format from EIS for $32,475, and the full amount will be reimbursed by the State of Califomia Wireless E9-1-1 Project. All future maintenance, licensing fees, and mapping information updates will cost about $7,500 per year, and the amount must be budgeted for all subsequent years. FISCAL IMPACT The installation, training, and the first-year support services from EIS will cost $32,475, which will be reimbursed by the State. Ail future maintenance, licensing fees, mapping information updates will cost approximately $7,500 per year and must be budgeted for all future years. Waive the formal bid process and approve the purchase and installation of a Geographic Information System Compliant Sof'tware that will accommodabe the 3tate of California Wireless-Automatic Locatlon Identification Format from Executive Infortnation Services for $32,475, and the amount will be reimbursed through a one-time allotrnent through the State of Califomia ~reless Enhanced 9-1-1 Project Approved: ~r"~ William R. Kelly, City Manager ~...T._ ~oe~uottyotN~~< STAFF REPORT Public Works Services Department DATE: September 4, 2007 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Director Prepared by: Tom Tait, Deputy Public Works Services Director Dave McVey, General Services Superintendent SUBJECT: SUMMARY At the October 11, 2006 Parks and Recreation Commission meeting, the replacement of the baseball field backstop at Longden Avenue Park was recommended. However, the project was inadvertently left out of the 2007-08 Capital Improvement Program (CIP) Budget. The existing backstop was not built to current standards and the backstop, in its entirety, is in disrepair, the posts have begun to sag and there are numerous holes in the fencing fabric. The Little League has asked the City to replace the backstop prior to the beginning of the new baseball season, which starts in January 2008. Staff recommends that the City Council authorize an appropriation in the amount of $70,000 from the General Fund's unappropriated fund balance for the replacement of the Longden Avenue Park Basebali Field Backstop. DISCUSSION Longden Avenue Park serves the community as the main location for Arcadia's National Little League baseball games. Over the course of one season, over sixty (60) games are played on the field and on occasion, is the host field for baseball tournaments. The existing backstop is the original one that was built with the park. The dilapidated backstop (Attachment A) is in disrepair, the posts have begun to sag and there are numerous holes in the fencing fabric. Staff has inspected the backstop and concurs with the Little League that the backstop is beyond repair and should be replaced before the beginning of the new baseball season. Page 1 of 2 Recommendation: Approve 1 Mayor and City Council September 4, 2007 Replacement of the backstop will entail (Attachment B) the following work: • removal and replacement of the existing backstop, . removal and replacement of the adjacent chain link fences along the first and third base lines up to the dugouts, . demolition of the scoring booth structure, • pouring concrete for footings to support the new backstop and to level the location where the scoring booth structure was removed, and • re-routing of the existing infield irrigation system. Staff has estimated the total project to cost $70,000. This includes the work mentioned above and the purchase of the new backstop. The Parks and Recreation Commission approved this project at their October 11, 2006 meeting. Following the Recreation Commissions direction, staff prepared Capital Improvement Project (CIP) justification forms. Unfortunately, during the budget preparation process, the project was inadvertently left out of the CIP Budget. To meet the opening day schedule for the new baseball season in January 2008 a construction schedule has been prepared which includes a 6-8 week delivery period for the backstop and associated materials. Concurrent with the purchase of the backstop, staff is preparing to go out to bid for the demolition and installation of the new backstop. To accomplish this schedule, staff is recommending that the City Council approve this Capital Improvement Project and appropriate $70,000 for the project and authorize the purchase of the backstop for $6,906 and associated material. Subsequently, pending City Council approval, staff will come back to the City Council at the October 2, 2007, City Council meeting to award the project to the successful bidder. The project is scheduled to begin mid- November in order to be completed in time for the start of the 2008 Little League Baseball Season. FISCAL IMPACT An appropriation of $70,000 from the General Fund's unappropriated fund balance is necessary to fund the cost of the project. RECOMMENDATIONS Authorize an appropriation in the amount of $70,000 from the General Fund's unappropriated fund balance for the replacement of the Longden Avenue Park Baseball Backstop and authorize the purchase of the backstop for $6,906 Approved: .~'°°'~ William R. Kelly, City Manager PM:TT:DM:df Attachments Page 2 of 2 ATTACHMENT A •Ji m ~ z w ~ 2 Q H Q Y ~ Q ~ Z w ~ ~ Z O J ~ Q ~ W G W U J w ~ ~ O ~ ~ Y U Q m ~ I ---------~~ f ~ 1 i W ~- i i ~g i ~ O ~ i ~ •~ J i i \_ a i ~ w ~ J J m W Z ~ I H~V3lB'1SIX3 i o ~~ o ww iM8 JI~VNS ~ 1S1%3 Z ~ w U C~ ~ Ow J ~ Q> > 0 a Q w ~ \ / Q Q ~ Z ~ O ~ ~ / ~ V W W ¢ ~ O ~ z ~. ~.. ~.a \ / STAFF REPORT Public Works Services Department DATE: September 4, 2007 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Director Prepared by: Lubomir Tomaier, Principal Civil Engineer Mark Rynkiewicz, Associate Civil Engineer SUBJECT: SUMMARY On May 15, 2007 the City Council awarded a contract to Humphrey Constructors in the amount of $36,780 for the construction of the Debris Wall at Wilderness Park. The terms and conditions of this project have been complied with and the work has been perFormed to staffs satisfaction for a total project cost of $36,780. Staff recommends that the City Council accept all work performed by Humphrey Constructors for the construction of a debris wall at Wilderness Park as complete and authorize the final payment to be made in accordance with the contract documents, subject to retention of $3,678. DISCUSSION The January 9, 2005 rainstorm damaged the hillside along Wilderness Park Access road. The hillside above the road at that location experienced some earth movement and soil erosion that exposed rocks and boulders on the hillside above the road. After careful review by staff and a certified geologist, it was determined that removal of the boulders may further destabilize the existing slope, which may cause additional damage to the hillside. A new debris barrier designed to prevent falling debris from reaching the road surface has been approved by the U.S. Federal Emergency Management Agency (FEMA). Page 1 of 2 Recommendation: Approve Mayor and City Council September 4, 2007 Staff applied and received approval for Federal and State funding for this repair. FEMA has granted funding for the projecYs total scope of work cost after completion. The.terms and conditions of this contract have been complied with and the work has been performed to staff's satisfaction. Therefore, staff recommends that the City Council accept all work performed by Humphrey Constructors for the construction of a debris wall at Wilderness Park as complete and authorize the final payment to be made in accordance with the contract documents, subject to retention of $3,678. ENVIRONMENTAL ANALYSIS This project is categorically exempt per Section 15269 Emergency Projects from the requirements of the California Environmental Quality Act. FISCAL IMPACT Federal and State funding from FEMA and OES will bear the complete cost of the scope of work to complete the project. RECOMMENDATION 1. Accept all work performed by Humphrey Constructors for the construction of a debris wall at Wilderness Park as complete. 2. Authorize final payment to be made in accordance with the contract documents, subject to a retention of $3,678. Approved by: ~ William R. Kelly, City Manager PM:LT:df Attachment: Location Map - Exhibit "A" Page 2 of 2 i , STORM REPAIR - WILDERNESS PARK DEBRIS WALL ~„ ~ NORTH CITY OF ARCADIA Q FlFE y oW J`. a¢~ x ~ ti o a xy ¢ m W O ~ PROJECT LOCATIOI O~ ~~P J~ ~z2~s> O ~ ~zz~o~ ~~v s ~zzso> H~cy czz5s~ ~ ~ND : P/L ~Z282~ // NORTH P DEBRIS WALL LOCATION p (zzaa~ 9~s ACCESS ~~p ROAD LOCATION MAP .;::~: ~ ~~~ ~ ' ~ ~ ~. STAFF REPORT DATE: September 4, 2007 Development Services Department TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Director~ By: Mary Cynar, Economic Development Administrator~,~G SUBJECT: AUTHORIZE THE CITY MANAGER TO ENTER INTO A SUMMARY Over the past few months, staff has prepared and issued a Request for Proposals (RFP) for architectural design services for the new City Hall project to eighteen (18) architectural firms. Seven (7) qualified firms responded to the RFP and five (5) of the most qualified firms were interviewed by a panel consisting of City management staff. As the result of those interviews and experience of the firm, it is recommended that the City Manager enter into a Professional Services Agreement with the architectural design firm, SteinbergArchitects. As explained more fully further in this report, only the fee for Schematic Design is requested at this time, and a"fixed fee" will be negotiated prior to the design development phase for the remainder of the firm's services. BACKGROUND In October 2002, a feasibility study of renovation options for City Hall was completed. The report was presented to the City Council in early 2003. The analysis looked at four (4) options, two (2) involving renovation and two (2) involving a new structure. The two renovation options ranged in price from $5.72 mil~ion to $6.13 million. The replacement option at a new location was estimated at $6.56 million, and construction of a new City Hall at its current location (necessitating two (2) years of temporary facilities) was estimated at $7.53 million. (All these estimates were based on 2002 numbers.) Mayor and City Council September 4, 2007 Page 2 ~ Based on this information, the City Council determined that the best approach was to ' construct a new City Hafl at a different location within the Civic Center. In September 2004, the Council authorized a spatial analysis and some preliminary schematic design work to determine the appropriate size and location of a new City Hall. This work was completed in the Spring of 2005. No additional work proceeded on the City Hall project as the priority was to proceed with the Fire Station headquarters building. DISCUSSION Selection Process In early July, a comp~ehensive RFP was sent to eighteen (18) architectural firms capable of perForming design work for the proposed City Hall. The RFP detailed the scope of services for each phase of the project and set forth detailed requirements for the proposal content and format to be submitted to the City. Also included in the RFP package were hvo exhibits (prepared in 2005), one detailing the functional program requirements (square footage analysis for each departmenUservice), and the second providing two preliminary schematic design schemes for the proposed City Hall. On July 30 a mandatory briefing and site tour was held for interested architects to provide further background and generate interest in the project. Seven (7) architectural firms submitted proposals on August 10 and five (5) of those firms were invited to participate in a panel interview held on August 24. The interview panel spent extensive time with each firm asking detailed questions as follows: • The firm's experience on other municipal/community buiiding projects and the specific experience of the principals and project architect assigned on the project • Exterior/interior design elements that will promote service delivery to the public and provide efficient working space for City staff • The challenges and opportunities of the proposed site, given the County storm drain channel and other adjacent City facilities • Environmental and energy e~cient design features that the City may want to incorporate in the project, at either no additional cost for design/construction or those providing long-term saving in operational costs (commonly referred to as LEEDS Certification) Architectural Firm Recommendation After review of each firm's experience and capability, the panel recommends SteinbergArchitects as the most qualified to provide architectural design services for the new City Hall project. The firm has experience in municipal/community design projects Mayor and City Council September 4, 2007 Page 3 ~ '~, and the firm is located nearby in downtown Los Angeles. The firm has a philosophy of designing from the "inside-ouY' with a focus on creating inviting spaces that serve the public. The firm also received very positive comments on reference checks. As established in the RFP, subsequent to review and selection of the architectural firm, the City then considers their cost proposals. This requires that each architectural firm provide a percentage (%) fee (submitted in a separate sealed envelope), which is used to calculate the architecYs total fee based on the cost of construction. Of the five firms that were interviewed, their fee proposals ranged from 10 to 13%, with SteinbergArchitects' fee at 12%. Additionally, SteinbergArchitects has offered to negotiate a"fixed fee" agreement to be confirmed after the Schematic Phase, which would then cover design development through project completion. The advantage of a fixed fee is that even if there are unanticipated construction cost increases, particularly inflationary increases for the project, the architecYs fee will not increase. The only caveat is that any changes in the scope of work after the fee is fixed, i.e. square footage, or extensive delays in commencing construction which would affect Steinberg's construction administration costs, might necessitate adjustments to the fee. Next Steas for the Proiect As part of the firm's proposal to the City, the following activities will be addressed first as part of the Schematic/Program Verification Phase (Phase I): • Review of the functional program requirements (originally prepared in 2005) to verify programmatic and personnel requirements, which may slightly impact the final square footage of the building, now estimated at 22,500 sq. ft. . Confirm the building site location and establish the site boundary for the project, which would incorporate the building footprint and required site improvements. . Establish an estimated cost of construction based on the approved schematic design. The Design Development, Phase II, commences thereafter and will address the ultimate size, design style and finishes for the project. As part of that process staff and the architect will return to the City Council, and at other significant milestones, to provide updates on project design and associated issues. The timing for each of the design phases, leading to bidding and construction, are detailed below: Phase I- Schematic Design: 2-3 months Phase II - Design Development: 4 months Phase III - Construction Plans/Documents: 7 months Construction Plan Review and Bidding: 4 months Construction: 17 months Mayor and City Council September 4, 2~07 Page 4 It should be noted that Phase I and Phase II above do not include review time by the ~ staff and City Council. If the project proceeds as contemplated, construction would be completed in late- Summer 2010. At this junction, staff recommends focusing on the architectural design services for the new City Hall but ensuring that other separate site issues, such as the Civic Arts Plaza, can be addressed in the future. In addition, at this time there are no plans for the development of a Multi-Purpose building on the site of the existing City Hall. ENVIRONMENTAL ASSESSMENT The action requested pursuant to this report has no environmental impact. Once the project is more fully detailed, an Initial Study will be conducted and the project will be evaluated pursuant to CEQA guidelines. FISCAL IMPACT In 2005, $8.8 million was estimated for the new City Hall. StafF will return to the City Council with an updated projection on costs after the Schematic Phase of the project is completed. Funds totaling $750,000 are budgeted in the Capital Improvement Plan (CIP) for architectural services. The total cost of architectural services will likely be i~ between $1 million and $1.1 million so a future budget amendment will be needed once the design phase begins That the City Council authorize the City Manager to enter into a Professional Services Agreement with SteinbergArchitects for Architectural Design Services for the Schematic Design Phase for the new City Hall project in the amount of $152,000. Approved: _ `^''~' "~"~ William R. Kelly, City Manager DATE: September 4, 2007 TO: Mayor and City Council FROM: William R. Kelly, City Managei~ SUBJECT: EMPLOYMENT AGREEMENT BETWEEN THE CITY OF ARCADIA AND DONALD E. PENMAN Recommendation: Approve SUMMARY On August 21, 2007 the City Council extended to Don Penman, and he accepted, an offer to serve as the City Manager of the City of Arcadia. At that same meeting the City Council established a subcommittee to develop an Employment Agreement between the City and Mr. Penman. Said Agreement has been created and is presented with this report for approval. DISCUSSION The proposed Employment Agreement between the City of Arcadia and Don Penman is attached in its entirety. For ease of reference, the most significant deal points are summarized below: Term - The effective date of the Agreement is January 1, 2008. The Agreement shall remain in effect for three years from said date and automatically renew itself for successive 12-month periods unless the City notifies the Manager of its intent to terminate the Agreement. Salary - Effective January 1, 2008 the annual salary will be $192,000.00. On July 1, 2008 this amount will be increased by $4,000.00 annually; on January 1, 2009 by 4% annually and on January 1, 2010 by 5% annually. Deferred Compensation - The City shall provide to the City Manager $4,000.00 per year in deferred compensation. Office of the City Manager Mayor and City Council - Penman Employment Agreement September 4, 2007 Page 2 Bene~ts - The City Manager shall receive the customary benefits provided to executive management including vacation, sick and administrative leave, a City vehicle, medical insurance, life and long-term disability insurance, and retirement benefits. Performance Evaluafions - The City Council will conduct an annual performance evaluation and establish and prioritize goals for the City Manager in approximately January of each year. FISCAL IMPACT Salary and benefit costs for the position of City Manager are already included in the flscal year 2007-2008 budget. RECOMMENDATION ~__ ~ It is recommended that the City Council approve the attached Employment Agreement between the City of Arcadia and Donald E. Penman and authorize the Mayor to execute said Agreement on behalf of the City. Attachment EMPLOYMENT AGREEMENT This Agreement between the City of Arcadia ("City") and Donald E. Penman ("Manager") is made this 1 st day of January, 2008. RECITALS A. City desires to employ Donald E. Penman as the City Manager of the City of Arcadia as provided by the Arcadia City Charter Section 600 et seq. and the terms and conditions set out herein. B. Manager desires to serve as City Manager of the City of Arcadia on the terms and conditions set out herein. AGREEMENT NOW, 'TI~REFORE, the parties agree as follows on the terms and conditions of Manager's employment. L DUTIES City hereby employs Manager, and Manager hereby accepts employment, as City Manager of the City. Manager shall perform the functions and duties specified for the City Manager of the City in the Arcadia City Charter Section 601 and other ordinances, resolutions and policies of the City and to perform such other legally permissible and proper duties and functions as the City Council of the City (the "Council") may from time to time assign, consistent with the Arcadia City Charter and other applicable law. Pursuant to Arcadia City Charter Section 600, Manager shall at all times serve at the will and pleasure of the Council (" `at will' employment status"). 2. SEVERANCE AND SEVERANCE PAY AND BENEFITS (a) In the event that Manager is involuntarily terminated by the Council or a"negotiated settlemenY' for voluntary termination is approved by the Council, City agrees to pay Manager within fifteen (15) days of the later to occur of (i) the date of termination of employment or (ii) the date of final determination by the Council of the matters subject to a hearing as set forth in this paragraph, a lump sum cash payment ("Severance Pay") equal to twelve (12) months of the base salary Manager is receiving on the date of the Council's action to tenninate RVPUBIWFLAYD\737667.1 1 Manager, less legally required or authorized deductions. City shall also continue ~- flie health benefits being provided to Manager at the time of teruunation for the ~ period of Severance Pay or until Manager finds other employment, whichever occurs first ("Severance Benefits"). However, in the event Manager is terminated due to the reasonable deternunation of the Council, based upon the weight of the evidence produced at a hearing conducted by the Council, that Manager has committed either (i) any illegal act involving personal gain to Manager, (ii) gross negligence or (iu) malfeasance, theq and in that event, City shall have no obligation to pay the Severance Pay and Severance Benefits. Any hearing conducted by the Council for the purposes set forth in this paragraph shall be commenced within thirty days following the date of termination of Manager's employment with the City, and shall be concluded as soon thereafter as reasonably possible. Manager agrees that any determination by the Council or City not to pay. to Manager Severance Pay and Severance Benefits, or concerning the amount of Severance Pay and Severance Benefits, shall be final and shall not be subject to judicial review. Nothing set forth herein shall be deemed to confer upon Manager the right to have a hearing by Council conceming any proposed temunation of Manager; provided, however, that Manager shall be entitled to a hearing solely concemiug any proposal by the Council not to pay Manager the Severance Pay and Severance Benefits. (b) In the event Manager terminates his employment as Manager, then Manager shall give City at least six (6) weeks notice of termination in writing in advance of the date of termination, unless mutually agreed upon otherwise. If Manager resigns or retires voluntarily, then City shall have no obligation to pay Severance Pay and Severance Benefits to Manager. (c) Manager agrees that in the event Manager's employment is terminated, with or without cause, under no circumstances will Manager be entitled to contest the existence or nature of Manager's "at will" employment status, nor will Manager be entitled to seek or receive the remedy of reinstatement to employment with the City in any administrative or legal forum. Manager agrees that the sole issue for resolution upon termination of Manager's employment will be whether or not City is obligated to pay to Manager Severance Pay and Severance Benefits and/or the amount of Severance Pay and Severance Benefits due Manager. 3. SALARY Effective January 1, 2008, City agrees to pay Manager an annual base salary, exclusive of benefits; in the sum of One Hundred Ninety-Two Thousand Dollars RVPUB\WFLAYD\737667, ( G ~~ ($192,000.00) per year, or Sixteen Thousand Dollars ($16,000.00) per month, gross, payable in installments at the same time and by the same methods as other City employees are regularly paid. Effective July 1, 2008, Manager shall receive an increase in base salary equal to Four Thousand ($4,000.00). Effective January 1, 2009, Manager sha11 receive an increase in base salary equal to fow percent (4%). Effective January 1, 2010, Manager shall receive an increase to base salary equal to five percent (5%). Said salary increases shall be apart from any salary increases provided on the basis of inerit as approved by the Council in its sole discretion, during the term of this Agreement. Nothing set forth herein shall prohibit the Council from reducing the salary of Manager due to budgetary or similar constraints, on condition that any such reducrion shall not exceed the average reduction applicable to all management employees of the City at the time of reduction in Manager's salary. Furthermore, Manager, in his sole discretion, may elect not to receive any salary increase provided hereunder; provided, however, if Manager elects not to receive a salary increase provided hereunder, said salary increase shall be subsequently implemented, on a prospective basis only, upon written request of Manager. 4. BENEFITS ~ (a) Vacation Leave. Manager sha11 accrue vacation at the rate of 6.154 hours per two week period (or as otherwise adjusted generally for other management employees). (b) Sick Leave. Manager shall accrue sick leave at the rate for management employees as that may be adjusted from time to time. Accrued and unused sick leave shall not be subject to buy-back annually or upon temunation. (c) Vehicle Allowance. Manager shall be provided an automobile by City for Manager's exclusive and unresiricted use. City shall be responsible for paying for liability, property damage and comprehensive liability inswance (subject to the condition, however, that the City Attomey first and continuously thereafter determines that is both lawful and feasible for the City to do so) and for the purchase, operation, maintenance, repair and regular replacement of said automobile. Manager sha11 be named as an "additional-insured" on any such comprehensive liability insurance policy, and such policy shall cover both professional and personal use of the automobile. (d) IRC 5457 Plan. Effecrive January 1, 2008, City shall contribute Four Thousand Dollars ($4,000.00) per year, in equal monthly installments, to the IRC §457 plan on Manager's behalf. RVPUB1WFiAYD\737667.1 ~ 3 (e) Sunplemental Benefits. Except as provided otherwise herein, ~- Manager shall receive any and all other supplemental benefits including, but not limited to, health, dental, life insurance, disability insurance, holidays, retirement benefits (PERS), physical examinarion, tuition reimbursement and long term disability, as are generally available to management employees of the City as provided by applicable City Resolutions and Personnel Rules. Except as otherwise provided herein, all actions undertaken by City relating to fringe benefits for management employees shall be considered actions affecting the same benefits applicable to Manager. As used herein, fringe benefits include, but are not limited to, vacation, sick leave, administrative leave, holiday pay, retirement (PERS) benefits and payments, health insurance, dentai insurance, life insurance and long term disability insurance. City shall not at any time during the term of this Agreement reduce the base salary, compensation or other employment benefits of Manager, except as permitted by this Agreement. 5. PROFESSIONAL DEVELOPMENT, OUTSIDE PROFESSIONAL ACTIVITIES AND GENERAL EXPENSES (a) Professional Develooment. (i) Subject to the Council's discretion to adopt and amend the budget, City agrees to pay for professional dues and subscriptions on behalf of Manager wluch aze reasonably necessary, as determined by the Council, for the Manager's continuation and full participation in national, regional, state or local associations and organizations necessary and desirable for Manager's continued professional participation, growth and advancement, or for the good of the City. Furthermore, City shall pay for any additional professional dues and subscriptions as may be approved by the Council from time to time. (ii) Subject to the Council's discretion to adopt and amend the budget, City agrees to pay the travel and subsistence expenses of Manager for official travel, meetings and events reasonably necessary to continue the professional development of Manager and reasonably necessary to fulfill official and other functions for the City, all as determined to be reasonable and necessary by the Council. Such meetings and events shall include, but not be limited to, the annual Interaational City Management Association meeting, meetings of the League of California Cities and other national, regional, state and local conferences of governmental groups and committees in wluch Manager serves as a member. RVPUBIWFIAYDV37667.1 4 i (b) Outside Professional Acdvities. Manager agrees to remain in the exclusive employ of the City of Arcadia while employed by the City of Arcadia. The term "employed" however, shall not be construed to include occasional teaching, writing, speaking or consulting performed on lus time off, even if outside compensation is provided for such services. Said activities are expressly allowed, provided that in no case is any activity allowed which would present a conflict of interest with, or detriment to, the City of Arcadia. In the event overnight travel is required for such non-employer-related business, the City Council shall be notified in advance. De minimis use of City equipment for such purposes is hereby authorized. (c) General Exuenses. City recognizes that certain expenses of a non-personal and generally job-affiliated nature aze incurred by the Manager, including participation in civic and other local organizations, and hereby agrees to reimburse or pay said general expenses. Subject to the Council's discretion to adopt and amend the budget, the City Treasurer (or other designated employee) is hereby authorized to disburse funds as needed to fulfill all provisions of this Agreement upon receipt of duly executed expense or periy cash vouchers, receipts, statements or personal affidavits. Subject to the Council's discretion to adopt and amend the budget, City will provide all equipment necessary for the completion of Manager's duties. This equipment shall include, but not be limited to, cellular telephone, pager, computers and other electronic devices deemed appropriate by Manager. City acknowledg"es and approves that certain personal use of this equipment may take place. Said equipment provided hereunder shall remain the property of the City and shall be returned to the City, along with all other City property in the possession of Manager, upon termination of employment. City shall beaz full cost of any fidelity or other bonds required of Manager under any law or ordinance. 6. PERFORMANCE EVALUATION (a) The Council and Manager may annually define such goals and objectives for the City which they determine necessary for the proper operation of the City in the attainment of the Council's policy objectives, and the Council and Manager may further establish a priority among those various goals and objectives to be reduced to writing. The process of considering the establishment and priority RVPUB\WFfAYDq37667.1 5 of goals and objectives of the City shall be conducted and completed generally ~' about January of each year. \ (b) The Council, following informal and nonbinding consultation with Manager, shall periodically establish goals and objectives regarding the performance of Manager. The Council shall review and evaluate the performance of Manager at least once annually. Notwithstanding any term or provision of this Agreement to the contrary, Manager shail serve at the will and pleasure of the Council, and the Council shall be entitled to temunate the employment of Manager without cause. (c} In recognition of the accomplishment of goals and objectives and excellent performance, a merit increase, in salary and/or benefits of Manager may be granted to Manager by the Council. Nothing herein shall be deemed to change the "at will" employment status of Manager. 7. TERMS OF EM[PLOXMENT The Council, following informal and nonbinding consultation with Manager, may by motion, resolurion or written ainendment to this Agreement approved as an official Council meeting agenda item, fix any other terms and conditions of employment as it may determine, from time to rime, relating to the performance of Manager, provided such terms and conditions are not prohibited by the provisions of this Agreement, the Arcadia City Charter or any other rules or regulations of the City. 8. CONFLICT OF INTEREST PROHIBITION It is understood and agreed that because of the duties of Manager within and on behalf of the City of Arcadia and its citizenry, Manager sha11 not, during the term of this Agreement, individually, as a partner, joint venturer, oi~'icer or shazeholder, invest or participate in any business venture conducting business in the corporate limits of the City of Arcadia, except for stock ownership in any company whose capital stock is publicly held and regulazly traded, without prior approval of the City Council. For and during the term of this Agreement, Manager fiutUer agrees, except for a personal residence or residential property acquired or held for future use as his personal residence, not to invest in any other real estate or property improvements within the corporate limits of the City of Arcadia without the prior consent of the City Council. evnJS~.vFwvn~n~bvzi 6 9. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties concerning the subject matter set forth herein and no promise, representation, warranty or covenant not included in this Agreement has been or is relied upon by any party hereto concerning the offer and acceptance of employment described herein. 10. NO CONTINUING WAIVER No waiver of any term or condition of this Agreement by either party shall be deemed a continuing waiver of such term or condition. 11. EFFECTIVE DATE AND TERM The effective date of this Agreement shall be January l, 2008. Subject to City's right to terminate Manager's employment at any time, the term of this Agreement is three (3) yeazs from the effective date, and shall automarically renew itself for successive twelve (12) month periods unless City notifies Manager of its intent to terminate this Agreement at least twelve (12) months prior to the end of its three (3) year term or any successive twelve (12) month term. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth hereinabove. CITI': Mayor of the City of Arcadia MANAGER: Donald E. Penman ATTEST: City Clerk City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch City Attomey ,, RVPUBIWFCAYD\737667.1 7