HomeMy WebLinkAboutMay 20, 2008CITY OF ARCADIA
CITY COUNCIL /REDEVELOPMENT AGENCY
REGULAR MEETING
TUESDAY, MAY 20, 2008
AGENDA
4:00 p.m.
Location: Arcadia Police Department EOC Room, 250 W. Huntington Drive
CALL TO ORDER
ROLL CALL OF CITY COUNCILIREDEVELOPMENT AGENCY MEMBERS:
Robert Harbicht, Mayor /Agency Chair
John Wuo, Mayor Pro Tem /Agency Vice Chair
Peter Amundson, Council /Agency Member
Roger Chandler, Council /Agency Member
Gary Kovacic, Council /Agency Member
STUDY SESSION /CLOSED 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
a. Report, discussion and direction regarding Fiscal Year 2008 -2009 and 2009 -2010
Budgets.
7:00 p.m., City Council Chamber
RECONVENE CITY COUNCILIREDEVELOPMENT AGENCY MEETING TO OPEN SESSION
INVOCATION
Reverend John Payton, Point Loma Nazarene University
PLEDGE OF ALLEGIANCE
ROLL CALL OF CITY COUNCILIREDEVELOPMENT AGENCY MEMBERS:
Amundson, Chandler, Kovacic, Wuo and Harbicht
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for
public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours.
REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON STUDY SESSION /CLOSED
SESSION ITEMS
SUPPLEMENTAL INFORMATION FROM CITY MANAGERIEXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE
THE READING IN FULL
PRESENTATIONS
a. 2008 Arcadia Beautiful Awards
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
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.
Recommended Action: Approve
CITY COUNCIL ITEMS:
0
Recommended Action: Approve
C.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for
public inspection in the City Clark's office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours.
DEPARTMENT OF FORESTRY AND FIRE PROTECTION.
Recommended Action: Introduce
1
J
d. INTRODUCE ORDINANCE NO. 2242 AMENDING THE ARCADIA MUNICIPAL
CODE BY ADDING A CHAPTER 10 TO ARTICLE III PERTAINING TO
FLOODPLAIN MANAGEMENT.
Recommended Action: Introduce
e.. ADOPT RESOLUTION NO. 6620 AUTHORIZING DEPARTMENTAL
ADMINISTRATORS TO ACCEPT GIFTS AND DONATIONS TO THEIR
RESPECTIVE CITY DEPARTMENTS HAVING A VALUE OF $1,000 OR LESS.
Recommended Action: Adopt
APPROVE THE SOLE SOURCE PURCHASE OF 30 CATCH BASIN INSERTS
Recommended Action: Approve
ACCEPT ALL WORK PERFORMED BY CJ CONSTRUCTION, INC. FOR THE
2007/2008 ANNUAL ASPHALT AND CONCRETE AND THE ADA SIDEWALK
Approve
h. ACCEPT $3,700 GIFT FROM THE ARCADIA PUBLIC LIBRARY FOUNDATION
FOR LIBRARY MATERIALS.
Recommended Action: Approve
k.
2. CITY MANAGER
a. ADOPT RESOLUTION NO. 6618 ADOPTING A REVISED CITY OF ARCADIA
URBAN FOREST MASTER PLAN.
Recommended Action: Adopt
03
Action: Introduce
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for
public inspection in the City Clerk's office located at 240 W Huntington Drive, Arcadia, California, during normal business hours.
AVENUE AND THE SIDEWALK GAP CLOSURE PROJECT IN THE AMOUNT
OF $526,400.
Recommended Action: Approve
Recommended Action: Approve
I
C. EXTEND THE PUBLIC OUTREACH EFFORTS AND MOVE THE BALLOTING
PROCESS TO THIS FALL FOR THE CITYWIDE STREET LIGHTING
ASSESSMENT PROCESS.
Recommended Action: Provide Direction
d. AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH
ENVIRONMENTAL CONSTRUCTION, INC. FOR THE CONSTRUCTION OF
3. CLOSED SESSION .
a. PURSUANT TO GOVERNMENT CODE SECTION 54956.8 CONFERENCE
WITH REAL PROPERTY NEGOTIATORS:
Property: 41 W. Huntington Drive
Agency Negotiator: Agency Executive Director
Procertv Owner: Manuel Romero
Under Negotiation: Price and Terms of Payment
ADJOURNMENT
The City Council /Redevelopment Agency will adjourn this meeting to Tuesday June 3, 2008,
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.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for
public inspection in the City Clerk's once located at 240 W Huntington Drive, Arcadia, California, during normal business hours.
Recommended Action: Approve
SPECIAL MEETING MINUTES
ARCADIA CITY COUNCIL /REDEVELOPMENT AGENCY
AND
THE ARCADIA BOARD OF EDUCAITON
TUESDAY, APRIL 29, 2008
7:00 P.M. ARCADIA UNIFIED SCHOOL DISTRICT OFFICE
234 CAMPUS DRIVE, ARCADIA
CALL TO ORDER:
Mayor Harbicht called the meeting of the Arcadia City Council /Redevelopment Agency to order
at 7:04 p.m.
Board President Maryann Gibson called the meeting of the Arcadia Board of Education to order
at 7:04 p.m.
ROLL CALL
PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht
ABSENT: None
PRESENT: School Board Member Chew, Nguyen, Phillipi, Steinmeier and Gibson
ABSENT: None
PUBLIC COMMENTS
None.
1. REPORTS
a. Report and Discussion — District Facilities Improvement Projects Update
Superintendent Dr. Hennessy introduced Christina Aragon, Assistant Superintendent,
Business Services who presented a report on the District's facilities master improvement
plans. The presentation included an overview of all current school facilities and future
improvement projects specific to each school site. Dr. Shawn, Ms. Aragon and Dr.
Hennessy responded to questions from the City Council regarding plans for existing
classrooms and the future district office relocation.
b. Report and Discussion— City Projects Update
City Manager Don Penman and Assistant City Manager/Public Works Services Director
Pat Malloy presented a report on the City and School District's joint efforts regarding
recent electrical and street improvements done on or near school properties. Mr. Malloy
04 -29 -2008
6111
and the City Council members described the new Fire Station and future City Hall plans,
as well as ongoing actions that may affect both the City and School District. City
Council Member Wuo noted the city will soon be approaching the School District to
discuss a Fourth of July fireworks display for 2009. School Board Members indicated
they would support a Fourth of July show.
C. Report and Discussion - Formation of Joint Use Committee and Goals
Superintendent Dr. Henessy and Mayor Harbicht noted provided a summary regarding
the ongoing funding efforts towards ajoint use gym. Mrs. Gibson confirmed City
Council Member Chandler's query that the District is fully behind the project financially
and had stated so in the reapplication for the state funding grant. Dr. Shawn, Ms. Aragon
and Dr. Hennessy responded to other related questions from the City Council regarding
the joint use gym project.
ADJOURNMENT
At 8:48 p.m., the City Council/Redevelopment Agency adjourned to their Regular Meeting on
Tuesday, May 6, 2008 at 5:30 p.m. in the Council Chamber Conference Room.
At 8:48 p.m. the Board of Education adjourned to their Regular Meeting on Tuesday May 13,
2008 at 7:00 p.m. in the Administration Center Board Room.
James H. Barrows, City Clerk
an
Lisa Mussenden, Chief Deputy City Clerk/
Records Manager
04 -29 -2008
50:0050
CITY COUNCIL/REDEVELOPMENT AGENCY
REGULAR MEETING MINUTES
.TUESDAY, MAY 6, 2008
CALL TO ORDER
Mayor Harbicht called the Special Meeting to order at 5:00 p.m.
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
,PRESENT: Council /Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht
ABSENT: None
CLOSED SESSION PUBLIC COMMENTS (5 minutes per person)
None
CLOSED SESSION
a. Pursuant to Government Code Section 54956.9(b)(1) to confer with legal counsel
regarding anticipated litigation: Two (2) cases
b. Pursuant to Government Code Section 54956(a) to confer with legal counsel
regarding the case of Susannah and Patrick Howard v. City of Arcadia, et al. (Los
Angeles Superior Court Case No. GCO37061).
C. Pursuant to Government Code Section 54956(a) to, confer with legal counsel
regarding the case of Peck Entertainment, et al. v. City of Arcadia (United States
District Court Case No. CV06 -4631 PJWx).
d. Pursuant to Government Code Section 54956(a) to confer with legal counsel
regarding the case of Taboo Gentlemen's Club, et al. v. City of Arcadia
(California Superior Court 2 "d Appellate District Court Case No. B203060).
e. Pursuant to Government Code Section 54956(a) to confer with legal counsel
regarding the case of Ken Harper v. City of Arcadia, et al. (United States District
Court Case No. CV08 -02286 MANx).
f. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel
regarding the case of Mueller v. City of Arcadia, et al. (Los Angeles Superior
Court Case No. BC389475).
05 -06 -2008
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50:0051
RECONVENE CITY COUNCIL /REDEVELOPMENT AGENCY MEETING TO OPEN SESSION
Mayor Harbicht convened the Regular Meeting at 7:15 p.m. in the Council Chamber.
INVOCATION
Reverend Melissa MacKinon, Church of the Good Shepherd
PLEDGE OF ALLEGIANCE
Jason Kruckeberg, Development Services Director
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council /Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht
ABSENT: None
REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION ITEMS
City Attorney Steve Deitsch reported that the City Council met in a closed session meeting to
consider the items listed on the posted notice of special meeting agenda. Mr. Deitsch
announced that the City Council considered Items a, one case — anticipated litigation, involving
the location of a telecommunication facility and Item b involving the case of Howard v. City of
Arcadia. He announced that no reportable action was taken, secondly he reported that the
Mayor declared he had a conflict of interest because he owned certain real property located
within 500 feet of the telecommunication facility site therefore, the Mayor did not participate in
Item a.
SUPPLEMENTAL INFORMATION FROM CITY MANAGERIEXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
None
MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE
THE READING KFULL
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:
PRESENTATIONS
a. Presentation of Proclamation in honor of "Arcadia Day of the Teacher'
(REMOVED FROM THE AGENDA)
1. PUBLIC HEARING
a.
05 -06 -2008
50:0052
Recommended Action: Conduct Public Hearing and Provide Direction under City
Manager reports based on the ballot results.
Maria Aquino, Public Works Services Department Management Analyst provided a brief
overview of the proposed Santa Anita Oaks Street Lighting Assessment District; she explained
that the Santa Anita Oaks. Home Owners Association requested the City upgrade the street
lights in their area to a more decorative pole and install an additional 13 street lights to enhance
lighting. She further explained the public hearing process and the options once the results of
the ballots are disclosed under the City Manager portion of the agenda.
The public hearing was opened and there were no members of the public appearing to provide
testimony.
A motion to close the public hearing was made by Council Member Chandler, seconded by
Council Member Wuo, and seeing no further objection, the Mayor closed the public hearing.
The Mayor announced that staff will come back with the results and direction will be provided
under the City Manager portion of the agenda.
PUBLIC COMMENTS
Mary Aschenbrener appeared and spoke on behalf of her 90 year old mother requesting
Arcadia Transit service the Michillinda Park in the County unincorporated area as in the past.
The City Council asked staff,to look into this matter and report back to the City Council.
Joan Yacovone (sister of Mary Aschenbrener) appeared and spoke on behalf of her mother and
the issue of Arcadia Transit not servicing the Michillinda Park area; she also presented a letter
that she sent to the City regarding this issue and has not received a, response from the City.
Marc Haney appeared and spoke requesting City assistance regarding an issue he is
experiencing on his private property with Southern California Edison Company.
REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK
Council Member Kovacic commented on Mr. Haney's remarks regarding Southern California
Edison Company; he announced that there were several hundred bike riders at the community
bike ride on May 3rd; and he thanked the Police and Recreation Departments for their
professional help in making the event successful.
Council Member Amundson thanked fire personnel for their part in the Sierra Madre fires; he
discussed low interest home loans for public employees and would like staff to look into what
types of low interest home loans Fannie Mae offers. Mr. Penman noted that he would look into
the different types of income limits and low interest home loan are being offered are report back.
Mr. Amundson noted that the monthly police statistic report shows a decrease in assaults,
burg laries,.thefts, and auto thefts; he also noted the clean up behind the Santa Fe Dam; and
commented on the tour he recently took of Methodist Hospital, and thanked the hospital staff.
Council Member Chandler had nothing to report. .
Council Member Wuo thanked Council Member Amundson for his comments about the Hospital
since he currently sits on the board; he reported on the signal at Santa Anita and Wistaria; he
05 -06 -2008
50:0053
announced Law Day on May 10 at the Library which is sponsored by the City and the Arcadia
Chinese Association; and he also announced the'Police Department open house and safety fair
on May 31 and encouraged everyone to attend.
Mayor Harbicht announced that reusable shopping bags were purchased with a grant from the
Department of Conservation and encouraged residents to pick one up at City locations.
Mayor" Harbicht announced appointments of City Council liaisons to the various City
commissions and local agencies for fiscal year 2008 -2009 as follows:
Arcadia Beautiful Commission
Chandler
Historical Museum Commission
Amundson
Human Resources Commission
Chandler
Library Board of Trustees
Kovacic
Planning Commission
Kovacic
Recreation Commission
Harbicht
Senior Citizens' Commission
Wuo
Chamber of Commerce
Harbicht
Foothill Private, Industry Council
Harbicht, alternate — Wuo
Foothill Transit
Chandler, alternate -- Harbicht'
Gold Line JPA
Chandler, alternate — Harbicht
Independent Cities Assn.
Wuo, alternate — Harbicht
L-A. County Division of the League of California Cities
Harbicht; alternate — Wuo
League City Selection Committee
Harbicht, alternate —Wuo
San Gabriel Council.of Govt.'s
Harbicht, alternate — Wuo
San Gabriel Valley. Mosquito and Vector Control District
Chandler
Sanitation District
Harbicht, alternate — Chandler
South California Association of Governments
Harbicht; alternate — Wuo
Youth Services Coordinating Council
Wuo, alternate - Amundson
LAC MTA -San Gabriel Valley -
Chandler
City Clerk Barrows had nothing to report
2. CONSENT CALENDAR
,REDEVELOPMENT AGENCY ITEMS:
,a. REGULAR MEETING MINUTES
CITY COUNCIL ITEMS:
6. REGULAR MEETING MINUTES OF APRIL 1 AND APRIL 15, 2008
Recommended Action Approve'
C.
P1.��I:bleb
50:0054
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Recommended Action: Approve
e.
f.
ACCORDANCE WITH THE CONTRACT DOCUMENTS.
Recommended Action: Approve
J
COUNCIL OF GOVERNMENTS AND MAYOR PRO TEM JOHN WUO AS THE
ALTERNATE DELEGATE.
Recommended Action: Approve
A motion was made by Council /Agency Member Chandler, seconded by Council /Agency
Member Amundson and carried on roll call vote to approve items 2.a through 2.g on the City
Council /Agency Consent Calendar.
AYES:
Council /Agency Member Chandler, Amundson and Wuo
NOES:
None
ABSENT:
None
ABSTAIN:
Council Member Harbicht and Kovacic (April 1, 2008 minutes)
3. CITY MANAGER
a.
Recommended Action: Provide Direction
Pat Malloy, Assistant City Manager /Public Works Services Director provided a brief summary of
the four proposals received regarding the management of operations and maintenance of the
Arcadia Par 3 Golf Course including options from Kare Youth League for the purchase of a
portion of the golf course to build a gymnasium or expand their facilities.
John Martin, Kare Youth League made a presentation to the City Council.
A motion was made by Council Member Harbicht to open negotiations with American Golf and
Arcadia Golf Partners and report back to the City Council the results.
Council Member Amundson noted that he would like to include All About Golf to Mayor
Harbicht's motion.
05 -06 -2008
THE AMOUNT OF $5.000.
Recommended Action: Approve
50:0055
A motion was made by Council Member Wuo, seconded by Council Member Amundson to
include All About - Golf in the negotiation process with American Golf and Arcadia Golf Partners.
AYES: Council Member Wuo, Amundson and Kovacic
NOES: Council Member Chandler and Harbicht
ABSENT: None
A motion was made by Council Member Kovacic, seconded by Council Member Amundson to
direct staff to begin negotiations with American Golf, Arcadia Golf Partners and All About Golf.
AYES: Council Member Kovacic, Amundson, Chandler, Wuo and Harbicht
NOES: None
ABSENT: None
The City Council asked Kare Youth League to submit a study to reconfigure the rear portion of
the golf court that would involve relocation of possibly one hole based on their proposal.
In response to an inquiry by Council Member Amundson regarding an extension of time to the
current contract with American Golf, Mr. Malloy responded that American Golf is currently
working on a contract amendment which he will share with the City Attorney.
RESOLUTION NO. 6623 DECLARING THE RESULTS OF THE PROPERTY
mez
05 -06 -2008
Recommended Action: Adopt
Recommended Action: Adopt
zuud/uy.
Recommended Action: Adopt
50:0056
Tom Tait, Deputy Public Works Services Director reported the results of the Santa Anita Oaks
Lighting District as 21 yes votes or $8,547 and 120 no votes or $48,840 and due to the results,
staff recommends that the City Council abandon the formation for the Santa Anita Oaks Lighting
District and adopt Resolution No. 6623 declaring the results.
A motion was made by Council Member Chandler, seconded by Council Member Wuo and
carried on roll call vote to adopt Resolution No. 6623 declaring the results of the property owner
protest ballot proceedings conducting for the proposed levy of assessments related to the Santa
Anita Oaks Lighting District commencing in fiscal year 2008 -09 and abandon the formation for
the Santa Anita Oaks Lighting District.
AYES:
Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht
NOES:
None
ABSENT:
None
C.
The Mayor announced that he has been advised by the City Attorney that he has a conflict of
interest because he owns property within 500 feet of a proposed cell tower and will step down
and not participate in any discussion. The Mayor asked Mayor Pro Tern Wuo to conduct the
meeting.
Jason Kruckeberg, Development Services Director provided an overview of the conditional use
permit process and approval for the installation of wireless telecommunications facilities such as
cellular antennas, cellular towers and utility cabinets on private property and the public right -of-
way.
Pat Malloy, Assistant City Manager /Public Works Services Director provided an overview of the
process regarding the installation of cell towers in the public right -of -way; he noted that
telecommunication facilities and equipment in the public right -of -way are governed by a different
set of rules; he explained that municipalities have the right to exercise reasonable control as to
the time, manner and place in which the public right -of -way is accessed for the installation of
telecommunication facilities and equipment.
Ken Herman explained the encroachment permit process and criteria used for regulating
telecommunication facilities and equipment in the public right -of -way.
Steve Deitsch, City Attorney provided a brief summary of case law that governs
telecommunication facilities and equipment in the public right -of -way.
05 -06 -2008
Recommended Action: Adopt
PROPERTY AND THE PUBLIC RIGHT -OF -WAY.
Recommended Action: Provide Direction
50:0057
Ray Riordan appeared and spoke in opposition of cell towers being placed in residential areas
and requested that staff look into what other cities are doing.
Vince Vargas appeared and spoke in opposition of cell towers being placed in residential areas
and requested that staff look into what other cities are doing.
Richard Midgley appeared and spoke in opposition of cell towers being placed on Gloria Road.
The City Council directed staff to contact T- Mobile regarding the relocation or redesign of their
telecommunication facility and equipment and report back to the City Council.
ADJOURNMENT
The City Council /Redevelopment Agency adjourned this meeting at 10:35 p.m. in memory of
Doug Smith to Tuesday May 20, 2008, 4:00 p.m. at the Arcadia Police Department EOC Room,
250 W. Huntington Drive, Arcadia.
James H. Barrows, City Clerk
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Lisa Mussenden, Chief Deputy City Clerk/
Records Manager
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05 -06 -2008
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STAFF REPORT
Fire Department
DATE: May 20, 2008
TO: Honorable Mayor and City Council
FROM: Tony L. Trabbie, Fire Chief��
By: Mark Krikorian, Fire Marshal A/—
SUBJECT: Ordinance No. 2241 amending Section 3130.1, Chapter 1, Part 3 of Article IH
of the Arcadia Municipal Code relating to Fire regulations and adopting by
reference the Very High Fire Hazard Severity Zone Map produced by the
California Department of Forestry and Fire Protection
Recommendation: Introduce
SUMMARY
The California Department of Forestry and Fire Protection has updated the severe fire hazard maps for
California. The resulting fire hazard severity maps are designed to support actions taken by the California
Building Standards Commission to adopt Wildland -Urban Interface Building Codes. In order to implement the
new map it is necessary for the City Council to hold a public hearing, receive testimony and adopt Ordinance
No. 2214.
BACKGROUND
The existing Very High Fire Hazard Severity Zone map adopted by the City was developed in 1992 per the
requirements of AB 337. The existing Very High Fire Hazard Severity Zone maps are now being updated
statewide pursuant to Public Resources Code Sections 4201 – 4204 and Government Code Sections 51175 –
51189.
The objective of the Wildland -Urban Interface Fire Area Building Standards is to establish minimum standards
for materials and material assemblies and to provide a reasonable level of exterior wildfire exposure protection
for buildings in Wildland -Urban Interface Fire Areas.
The use of ignition resistant materials and design to resist the intrusion of flame or burning embers projected by
a vegetation fire (wildfire exposure) have proven to be the most effective in mitigating losses resulting from the
repeating cycle of interface fire disasters. The California Department of Forestry and Fire Protection and the
Office of the State Fire Marshal revised the mandatory effective date for those areas where local government
has responsibility for wildland fire protection to July 1, 2008, to enable local government agencies time to
review and adopt the Fire Hazard Severity Zone maps presented to them. Adoption of the map and enforcement
of corresponding construction requirements is mandatory.
t 4 '_
Mayor and City Council
April 15, 2008
Page 2
DISCUSSION
The City's current Very High Fire Hazard Severity Zone map was renamed the Wildland -Urban Interface Area
at the time of the 2007 California Building and Fire Code adoption in order to correspond with the terminology
used in the new codes, specifically Chapter 7A of the CBC and Chapter 47 of the CFC. Adoption of the map
will not change the specific requirements of the codes, only the area of application. The new map will expand
the Wildland -Urban Interface Area to incorporate an additional 172 single - family lots located in the northwest
area of the City (see attached map). Arcadia Municipal Code Section 3130.1 will be amended by Ordinance No.
2241 to reflect the adoption of the new map.
Some examples of the construction requirements found in the California Building Code Chapter 7A include
protection of attic vents, 1 -hour exterior wall construction and fire rating of exterior doors. These requirements
will apply to all buildings or structures constructed, remodeled, repaired, altered or added to in the Wildland -
Urban Interface Area, with certain exceptions pertaining to percentage of square footage added or remodeled.
Studies performed by the California Department of Forestry have estimated that the additional construction
costs to the homeowner due to the requirements of the Building and Fire Codes will be approximately $2,000
per home.
FISCAL IMPACT
Adoption of the new Wildland -Urban Interface Area Map will have no fiscal impact on the City.
RECOMMENDATION
It is recommended the City Council adopt Ordinance No. 2241 amending Section 3130.1, Chapter 1, Part 3 of
Article III of the Arcadia Municipal Code relating to fire regulations and adopting by reference the Very High
Fire Hazard Severity Zone Map produced by the California Department of Forestry and Fire Protection.
APPROVED:
Donald Penman
City Manager
Attachment: Ordinance No. 2241
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ORDINANCE NO. 2241
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AMENDING
SECTION 3130.1 OF CHAPTER 1, PART 3 OF ARTICLE
III OF THE ARCADIA MUNICIPAL CODE RELATING
TO FIRE REGULATIONS AND ADOPTING BY
REFERENCE THE VERY HIGH FIRE HAZARD
SEVERITY ZONE MAP PRODUCED BY THE
CALIFORNIA DEPARTMENT OF FORESTRY AND
FIRE PROTECTION
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that adoption of the Very
High Fire Hazard Severity Map as produced by the California Department of
Forestry and Fire Protection is necessary to protect life and property from the
hazards of wildland fires.
SECTION 2. Section 3130.1, Part 3, Chapter 1 of Article III of the
Arcadia Municipal Code is hereby amended to read in its entirety as follows:
"3130.1. WILDLAND -URBAN INTERFACE FIRE AREA
BOUNDARIES.
The boundaries of the Wildland -Urban Interface Area shall be the same as
the Very High Fire Hazard Severity Map as produced by the California
Department of Forestry and Fire Protection."
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SECTION 3. The City Clerk shall certify to the adoption of the
Ordinance and shall cause a copy of same to be published in the official newspaper
of said City within fifteen (15) days after its adoption.
Passed, approved and adopted this day of , 2008.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
K
STAFF REPORT
Development Services Department
DATE: May 20, 2008
TO: Mayor and City Council
FROM: Jason Kruckeberg, Developmen Services Director - SLK-
Philip A. Wray, City Engineer PQ
SUBJECT: Ordinance No 2242 Amending the Arcadia Municipal Code by adding a
Chapter 10 to Article III pertaining to F000dplain Management
Recommendation: Introduce
SUMMARY
The National Flood Insurance Act of 1968 established the National Flood Insurance
Program (NFIP). The Federal Emergency Management Agency (FEMA) initially
mapped all known special flood hazard areas and created Flood Insurance Rate Maps
(FIRM). At that time, there were no known flood areas in Arcadia so no FIRM was
created.
FEMA has recently restudied the San Gabriel Valley region for special flood hazard
zones and has identified a small portion of Arcadia as being a special flood hazard
zone. In order for property owners in the City of Arcadia to remain eligible for flood
insurance, the City must adopt floodplain management regulations for development in
the flood zones.
Ordinance No. 2242 proposes floodplain management regulations in conformance with
the NFIP. The regulations are proposed to be added to the Arcadia Municipal Code
under the Public Safety Section. Staff recommends adoption of the Ordinance.
DISCUSSION
In 1968, the Federal Government adopted the National Flood Insurance Act and created
the Federal Emergency Management Agency (FEMA) to administer the Act. The Act
established the National Flood Insurance Program (NFIP) that enabled property owners
in participating communities to purchase flood insurance as a protection against flood
losses in exchange for State and Local community floodplain management regulations
that reduce future flood damages.
FEMA studied and mapped flood hazard zones to varying degrees throughout the
region and adopted them on Flood Insurance Rate Maps (FIRM). Arcadia had no
known flood hazard zones so no FIRM was every established for the City. The entire
City was designated flood zone "X" defined as areas determined to be outside the 0.2%
Staff Report
Introduce Resolution 2242
May 20, 2008
Page 2 -
annual chance floodplains. This means that the chance of flooding is extremely remote
and that no flood precautions are necessary.
Recently, FEMA restudied the San Gabriel Valley region and made changes to or
created new FIRMs based on new information. A FIRM has been created for Arcadia
that designates three areas as Flood Zone "D ". See the attached portion of the FIRM.
The areas designated Flood Zone "D" are the foothills surrounding the very north
neighborhoods north and west of Canyon Road, the Los Angeles County Flood Control
District spreading grounds east of Highland Oaks Drive and an area bounded by Santa
Anita Avenue, the railroad, Huntington Drive and the Santa Anita Wash. (Flood Zone
"D" is defined as an area in which flood hazards are undetermined, but possible, and
means that historical data indicates that there has been or is a slight chance of flooding
but the extent is unknown. This is intended to alert the City to use caution and require
minimum flood protection standards when administering new construction in these
areas.)
In order for property owners in the City of Arcadia to remain eligible for flood insurance,
the City must adopt floodplain management regulations for development in the flood
zones. City Staff has reviewed and commented on the FIRM for Arcadia and worked
with FEMA to prepare a floodplain management ordinance. The ordinance sets
minimum standards for construction, subdivisions and utilities within special flood
hazard areas such as Flood Zone "D ". The standards are simply a means to insure that
any building site within the special flood hazard area will be reasonably safe from
flooding.
This ordinance, if adopted, will become Article III, Public Safety, Chapter 10, Sections
3010 through 3024 of the Arcadia Municipal Code.
FISCAL IMPACT
There is no fiscal impact of this Ordinance. The provisions of the Ordinance will be
administered through the normal plan review process in the Development Services
Department, Building Division.
RECOMMENDATION
That the City Council introduce Ordinance No. 2242 amending the Arcadia Municipal
Code by adding a Chapter 10 to Article III, pertaining to Floodplain Management.
Approved By:
Donald Penman
City Manager
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1E Il�ri�
MAP INDEX
PRELIMINARY
FIRM SEP 30 2005
FLOOD INSURANCE RATE MAP
a
LOS ANGELES COUNTY,
CALIFORNIA
®
AND INCORPORATED AREAS
of
(SEE LISTING OF COMMUNITIES TABLE)
MAP INDEX
PANELS PRINTED: 36, 40,50, 75,100,126,
150, 175, 200, 226, 275, 300, 325, 350, 365, 370, 375, 400,
405, 410, 415, 420, 442, 444, 450, 462, 464, 485, 466, 488,
a
07
470, 475, 500, 625, 575, 600, 610, 625, 630, 635, 640, 645,
651, 653, 654, 656, 657, 658, 659, 665, 670, 694, 700, 701,
702, 703, 704, 706, 710, 711, 713, 715, 720, 750, 775, 800,
805, 810, 815, 820, 830, 835, 840, 845, 875, 900, 925, 950,
975, 1000, 1030, 1031, 1032, 1034, 1040, 1045, 1067, 1069,
1075, 1088, 1088, 1089, 1095, 1109, 1239, 1241, 1242, 1243,
1244, 1261, 1262, 1283, 1264, 1266, 1267, 1268, 1269, 1275,
1280, 1285, 1288, 1290, 1295, 1305, 1310, 1315, 1328, 1329,
1330, 1335, 1337, 1339, 1345, 1375, 1400, 1415, 1420, 1430,
®
1440, 1445, 1475, 1485, 1490, 1491, 1492, 1502, 1506, 1507,
1511, 1512, 1513, 1514, 1516, 1517, 1518, 1519, 1528, 1527,
®
®
1528, 1529, 1531, 1532, 1533, 1536, 1637, 1538, 1539, 1541,
1542, 1543, 1551, 1552, 1553, 1554, 1557, 1559, 1561, 1562,
1566, 1567, 1569, 1580, 1585, 1590, 1595, 1605, 1610, 1615,
1620, 1626, 1828, 1629, 1636, 1637, 1638, 1645, 1663, 1664,
1665, 1668, 1670, 1695, 1700, 1725, 1750, 1751, 1752, 1754,
1760, 1765, 1770, 1780, 1785, 1790, 1795, 1810, 1815, 1820, "
1829, 1830, 1835, 1837, 1840, 1841, 1842, 1843, 1844, 1851,
1853, 1861, 1875, 1880, 1907, 1909, 1920, 1928, 1930, 1935,
1940, 1945, 1955, 1960, 1962, 1964, 1885, 1970, 1980, 1988,
1990, 2025, 2028, 2027, 2029, 2031, 2032, 2033, 2034, 2055,
2060, 2078, 2202 2204
OE
MAP NUMBER
06037CINDOE
3 ,� EFFECTIVE DATE
a
° Month 00, 0000
Federal Emergency Management Agency
ORDINANCE NO. 2242
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AMENDING
THE ARCADIA MUNICIPAL CODE BY ADDING A
CHAPTER 10 TO ARTICLE III PERTAINING TO
FLOODPLAIN MANAGEMENT
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Article III, Chapter 10 is added to the Arcadia Municipal
Code to read in its entirety as follows:
"3010. STATUTORY AUTHORIZATION AND PURPOSE. The
Legislature of the State of California has in Government Code Sections 65302,
65560, and 65800 conferred upon local governments the authority to adopt
regulations designed to promote the public health, safety, and general welfare of
its citizenry. Therefore, the City Council of the City of Arcadia does hereby adopt
the following floodplain management regulations.
3011. STATEMENT OF PURPOSE. It is the purpose of this chapter
to promote the public health, safety, and general welfare, and to minimize public
and private losses due to flood conditions in specific areas by provisions designed
to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
I
C. Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities such as water and gas
mains; electric, telephone and sewer lines; and streets and bridges located in areas
of special flood hazard;
F. Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future blighted
areas caused by flood damage;
G. Ensure that potential buyers are notified that property is in an area of
special flood hazard; and
H. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
3012. DEFINITIONS. Unless specifically defined below, words or
phrases used in this chapter shall be interpreted so as to give them the meaning
they have in common usage and to give this chapter its most reasonable
application.
"Area of special flood hazard" - means the land in the floodplain within a
community subject to a one percent or greater chance of flooding in any given
2
year.
"Base flood" means a flood, which has a one percent chance of being
equaled or exceeded in any given year (also called the "100 -year flood "). Base
flood is the term used throughout this chapter.
"Building" - see "Structure ".
"Development" means any man -made change to improved or unimproved
real estate, including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations or storage of
equipment or materials.
"Flood or flooding" means:
1. A general and temporary condition of partial or complete inundation of
normally dry land areas from: the overflow of inland or tidal waters; the unusual
and rapid accumulation or runoff of surface waters from any source; or mudslides
(i.e., mudflows) which are proximately caused by flooding as defined herein and
are akin to a river of liquid & flowing mud on the surfaces of normally dry land
areas, as when earth is carried by a current of water & deposited along the path of
the current.
2. The collapse or subsidence of land along the shore of a lake or other
body of water as a result of erosion or undermining caused by waves or currents of
water exceeding anticipated cyclical levels or suddenly caused by an unusual and
3
unforeseeable event which results in flooding as defined in this definition.
"Floodplain or flood -prone area" means any land area susceptible to being
inundated by water from any source - see "Flooding ".
"Floodplain Administrator" is the individual appointed to administer and
enforce the floodplain management regulations.
"Floodplain management" means the operation of an overall program of
corrective and preventive measures for reducing flood damage and preserving and
enhancing, where possible, natural resources in the floodplain, including but not
limited to emergency preparedness plans, flood control works, floodplain
management regulations, and open space plans.
"Floodplain management regulations" means this chapter and other zoning
ordinances, subdivision regulations, building codes, health regulations, special
purpose ordinances (such as grading and erosion control) and other application of
police power which control development in flood -prone areas. This term
describes federal, state or local regulations in any combination thereof, which
provide standards for preventing and reducing flood loss and damage.
"Governing body" is the local governing unit, i.e. county or municipality
that is empowered to adopt and implement regulations to provide for the public
health, safety and general welfare of its citizenry.
"Historic structure" means any structure that is
0
1. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the
National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a
district preliminarily determined by the Secretary to qualify as a registered historic
district;
3. Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the Secretary of
Interior; or
4. Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either by an approved
state program as determined by the Secretary of the Interior or directly by the
Secretary of the Interior in states with approved programs.
"Manufactured home" means a structure, transportable in one or more
sections, which is built on a permanent chassis and is designed for use with or
without a permanent foundation when attached to the required utilities. The term
"manufactured home" does not include a "recreational vehicle ".
"Manufactured home park or subdivision" means a parcel (or contiguous
5
parcels) of land divided into two or more manufactured home lots for rent or sale.
"New construction ", for floodplain management purposes, means structures
for which the "start of construction" commenced on or after the effective date of
floodplain management regulations adopted by the City, and includes any
subsequent improvements to such structures.
"One- hundred -year flood" or "100 -year flood" - see 'Base flood."
"Recreational vehicle" means a vehicle, which is
1. Built on a single chassis;
2. 400 square feet or less when measured at the largest horizontal
projection;
3. Designed to be self - propelled or permanently towable by a light -duty
truck; and
4. Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
"Start of construction" includes substantial improvement and other proposed
new development and means the date the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement was within 180 days from the date of the permit.
The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles,
6
the construction of columns, or any work beyond the stage of excavation; or the
placement of a manufacture home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading, and filling; nor does it
include the installation of streets and/or walkways; nor does it include excavation
for a basement, footings, piers, or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory buildings, such as
garages or sheds not occupied as dwelling units or not part of the main structure.
For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
"Structure" means a .walled and roofed building that is principally above
ground; this includes a gas or liquid storage tank or a manufactured home.
"Substantial damage" means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would
equal or exceed 50 percent of the market value of the structure before the damage
occurred.
"Substantial improvement" means any reconstruction, rehabilitation,
addition, or other proposed new development of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure before the "start
of construction" of the improvement. This term includes structures, which have
7
incurred "substantial damage ", regardless of the actual repair work performed.
The term does not, however, include either:
1. Any project for improvement of a structure to correct existing violations
or state or local health, sanitary, or safety code specifications which have been
identified by the local code enforcement official and which are the minimum
necessary to assure safe living conditions, or
2. Any alteration of a "historic structure," provided that the alteration will
not preclude the structure's continued designation as a "historic structure ".
3013. GENERAL PROVISIONS - LANDS TO WHICH THIS
CHAPTER APPLIES. This chapter shall apply to all areas identified as flood-
prone within the jurisdiction of the City of Arcadia.
3014. BASIS FOR ESTABLISHING FLOOD -PRONE AREAS. The
Floodplain Administrator shall obtain, review, and reasonably utilize any base
flood data available from other Federal or state agencies or other source to identify
flood -prone areas within the jurisdiction of the City. This data will be on file at
the City of Arcadia City Hall, 240 West Huntington Drive, Arcadia, California
91007.
3015. COMPLIANCE. No structure or land shall hereafter be
constructed, located, extended, converted, or altered without full compliance with
the terms of this chapter and other applicable regulations. Violation of the
H
requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Nothing herein shall
prevent the City Council from taking such lawful action as is necessary to prevent
or remedy any violation.
3016. ABROGATION AND GREATER RESTRICTIONS. This
chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this chapter and another
ordinance, easement, covenant, or deed restriction conflict or overlap, whichever
imposes the more stringent restrictions shall prevail.
3017. INTERPRETATION. In the interpretation and application of
this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and
C. Deemed neither to limit nor repeal any other powers granted under state
statutes.
3018. WARNING AND DISCLAIMER OF LIABILITY. The
degree of flood protection required by this chapter is considered reasonable for
regulatory purposes and is based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This chapter does not imply that land
.�
outside the areas of special flood hazards or uses permitted within such areas will
be free from flooding or flood damages. This chapter shall not create liability on
the part of the City Council of the City or any officer or employee thereof, the
State of California, or the Federal Insurance Administration, Federal Emergency
Management Agency, for any flood damages that result from reliance on this
chapter or any administrative decision lawfully made hereunder.
3019. ESTABLISHMENT OF DEVELOPMENT PERMIT. A
development permit shall be obtained for all proposed construction or other
development in the City, including the placement of manufactured homes, so that
it may be determined whether such construction or other development is within
flood -prone areas.
3020. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR.
The City Manager, or his/her designee, is hereby appointed to administer,
implement, and enforce this chapter by granting or denying development permits
in accord with its provisions.
3021. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN
ADMINISTRATOR. The duties and responsibilities of the Floodplain
Administrator shall include, but not be limited to the following:
A. Permit Review Review all development permit applications to
determine:
10
0
1. Permit requirements of this chapter have been satisfied;
2. All other required state and federal permits have been obtained; and
3. The site is reasonably safe from flooding.
B. Review and Use of Any Other Base Flood Data The Floodplain
Administrator shall obtain, review, and reasonably utilize any base flood data
available from other Federal or state agency or other source.
3022. PROVISIONS FOR FLOOD HAZARD REDUCTION.
STANDARDS OF CONSTRUCTION. If a proposed building site is in a flood-
prone area, all new construction and substantial improvements, including
manufactured homes, shall:
A. Be designed (or modified) and adequately anchored to prevent
flotation, collapse, or lateral movement of the structure resulting from
hydrodynamic and hydrostatic loads, including the effects of buoyancy.
B. Be constructed:
1. With materials and utility equipment resistant to flood damage;
2. Using methods and practices that minimize flood damage;
3. With electrical, heating, ventilation, plumbing and air conditioning
equipment and other service facilities that are designed and/or located so as to
prevent water from entering or accumulating within the components during
conditions of flooding.
11
3023. STANDARDS FOR SUBDIVISIONS OR OTHER
PROPOSED NEW DEVELOPMENT. If a subdivision proposal or other proposed
new development, including manufactured home parks or subdivisions, is in a
flood -prone area, any such proposals shall be reviewed to assure that:
A. All such proposals are consistent with the need to minimize flood
damage within the flood prone area;
B. All public utilities and facilities such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood damage; and
C. Adequate drainage is provided to reduce exposure to flood hazards.
3024. STANDARDS FOR UTILITIES.
A. All new and replacement water supply and sanitary sewage systems shall
be designed to minimize or eliminate:
1. Infiltration. of flood waters into the systems, and
2. Discharge from the systems into floodwaters.
B. On -site waste disposal systems shall be located to avoid impairment to
them, or contamination from them during flooding."
SECTION. 2. SEVERABILITY. This Ordinance and the various parts
thereof are hereby declared to be severable. Should any section of this ordinance
be declared by the courts to be unconstitutional or invalid, such decision shall not
affect the validity of the ordinance as a whole, or any portion thereof other than
12
the section so declared to be unconstitutional or invalid.
SECTION 3. The City Clerk shall certify to the adoption of this
Ordinance and shall cause a copy or summary of same to be published in the
official newspaper of said City within fifteen (15) days of its adoption.
Passed, approved and adopted this day of 1 2008.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
13
G
STAFF REPORT
Library and Museum Services Department
Dated: May 20, 2008
TO: Mayor and City Council
FROM: Janet Sporleder, Director of Library and Museum Services
SUBJECT: Resolution No 6620 authorizing the Departmental Administrators to accept gifts and
donations to their respective City Departments having a value of $1,000 or less.
Recommended Action: Adopt
SUMMARY
Proposed Resolution No. 6620 authorizes Departmental Administrators to accept gifts and donations to
their respective Departments having a value of $1,000 or less. The Department Director will send
written confirmation to donors acknowledging their gift and they will provide the City Council with
reports on donations received. Donations over $1,000 will be brought to the City Council to approve
and accept.
DISCUSSION
Occasionally, people and organizations in the community donate funds to the various City Departments
in support of the programs and services being offered by that Department. In order to expedite the
process of acknowledging donations and utilizing the funds, Resolution No. 6620 would authorize the
Departmental Administrators to accept the funds on behalf of the City. Thank you letters would be sent
out promptly and reports would be submitted itemizing the gifts and donations received in order to keep
the City Manager and the City Council informed.
Section 809 (d) of the City Charter specifically addresses the matter of gifts to the Library. It authorizes
the Library Board of Trustees to accept money, personal property, or real estate donated to the City for
library purposes, subject to the approval of the Council. The Director's acceptance of such gifts or
donations shall be deemed to have received approval by the City Council pursuant to this Resolution, in
accordance with Section 809 (d) of the City Charter.
The City Charter does not address donations to other Departments.
Donations over $1,000 will be reported to the City Council for acceptance and approval.
FISCAL IMPACT
The City Departments will experience additional revenue as donations are received.
RECOMMENDED ACTION
That the City Council adopt Resolution No. 6620 authorizing the Departmental Administrators to accept
gifts and donations to their respective City Departments having a value of S 1,000 or less.
Approved by: ��iw+ae
Don Penman, City Manager
Attachment: Resolution No. 6620
P'
RESOLUTION NO. 6620
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AUTHORIZING DEPARTMENTAL
ADMINISTRATORS TO ACCEPT GIFTS AND DONATIONS HAVING
A VALUE OR IN AN AMOUNT OF $1,000 OR LESS
WHEREAS, area residents and conurunity organizations from time to time
donate funds to various City departments in support of their programs and services;
IM31
WHEREAS, Arcadia City Charter section 809(d) authorizes the Library
Board of Trustees to accept money, personal property, or real estate donated to the
City for library purposes, subject to the approval of the City Council; and
WHEREAS, the process of aclmowledging donations with letters of
appreciation needs to be performed in an expeditious manner; and
WHEREAS, proper and thorough reporting of gifts and donations needs to
be maintained.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby authorizes department
administrators ( "Directors ") of the City to accept any gift or donation made to their
respective department having a value, or in the amount, of $1,000 or less, provided
the applicable Director accepts such gift or donation by means of written
confirmation promptly sent to the donor.
SECTION 2. Acceptance by the Director of Library and Museum
Services of any gift or donation having a value, or in the amount, of $1,000 or less
shall be deemed to have received approval by the City Council pursuant to this
Resolution, in accordance with Section 809(d) of the Arcadia City Charter;
provided that the Director of Library and Museum Services accepts such gift or
donation by means of written confirmation promptly sent to the donor.
SECTION 3. The Directors shall maintain a record of any and all such
gifts and donations made to their respective department, and shall promptly
provide a written report to the City Manager and the City Council of all such gifts
and donations which have been accepted.
SECTION 4. Gifts and donations having a.value, or in the amount, of
over $1,000 will continue to be presented by Directors to the City Council for
acceptance and approval.
SECTION 5. The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this day of
{SIGNATURES ON THE NEXT PAGE}
, 2008.
E
s..
ATTEST:
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
Mayor of the City of Arcadia
r !
V �
^oawnvvn�vJ v
STAFF REPORT
Public Works Services Department
DATE: May 20, 2008
TO: Mayor and City Council
FROM: Pat Malloy, Assistant City Manager /Public Works Services Director
Prepared by: Tom Tait, Deputy Public Works Services Director
Lubomir Tomaier, Principal Civil Engineer
SUBJECT:
SUMMARY
According to the Los Angeles Regional Water Quality Control Board ( LARWQCB), the
Los Angeles River is polluted with trash primarily through storm water runoff from
municipal storm drains. In January 2001, the LARWQCB adopted a Trash Total
Maximum Daily Loads (TMDL) which requires municipalities to ensure zero trash will
enter the storm water collection system. The City of Arcadia is mandated to comply
with the TMDL as part of the National Pollutant Discharge Elimination System (NPDES)
storm water permit. There are 261 catch basin inserts in the City. Due to, the
implementation cost of the Trash TMDL, installation of catch basin inserts for the entire
City will be completed over the next three (3) fiscal years.
Advanced Solutions is the sole source provider for the patented StormTek catch basin
insert that has been certified as a full capture device by the LARWQCB. Staff is
recommending that the City Council authorize the sole source purchase of 30 catch
basin inserts to capture trash and debris to be in compliance with the Trash TMDL in the
amount of $28,875 from Advanced Solutions.
BACKGROUND
The Los Angeles River is a 51 mile flood control channel that runs through the City of
Los Angeles and surrounding municipalities in Los Angeles County and flows into the
Pacific Ocean. The Los Angeles River has been experiencing the serious
Page 1 of 3
1
Mayor and City Council
May 20, 2008
environmental problem of litter discharged from municipal storm drains. Consequently,
the LARWQCB adopted the Trash TMDL, which sets a zero trash discharge within a
multi -year implementation period to ameliorate the pollution problem.
The Los Angles River Trash TMDL implementation schedule requires the City to reduce
the amount of trash in the storm drain system by 60% by September 30, 2008 to "zero"
trash by September 30; 2014. Public Works has included the catch basin inserts project
as part of the Capital Improvement Program for the next three (3) years to be in
complete compliance by 2011.
DISCUSSION
The Trash TMDL mandate allows cities to use a variety of compliance methods to
prevent litter and debris from entering storm water catch basins. Staff has chosen to
use a full capture system that is deemed in full compliance with the LARWQCB. The
device is a full capture catch basin insert that is installed inside of the storm drain. The
catch basin insert will filter out trash and debris as water passes through the catch
basin. Advanced Solutions is the sole source provider for the patented StormTek catch
basin insert that has been certified as a full capture device by the LARWQCB.
The StormTek catch basin is a unique device that has %a removable mounting, structural
support of the screen and overflow grate that maximizes trash capture within the catch
basin before it can be discharged. This feature allows the continual flow of storm water
and urban runoff into the storm drain system without flooding the catch basin. The size
of the insert does not depend on the length of the catch basin, thereby reducing capital
costs associated with the traditional screens over storm drain catch basins.
Advanced Solutions is the only vendor and contractor that has the rights to install this
device which will enable the City of Arcadia to be in compliance with the Los Angeles
River Trash TMDL. Therefore, staff is recommending that the City Council authorize the
sole source purchase of 30 catch basin inserts to capture trash and debris to be in
compliance with the Trash TMDL in the amount of $28,875 from Advanced Solutions.
ENVIRONMENTAL IMPACT
This project is categorically exempt per Section 15302 (c) replacement from the
requirements of the California Environmental Quality Act,
FISCAL IMPACT
$30,000 is included in the 2007/2008 Capital Improvement Program Budget under the
Trash Total Maximum Daily Load (TMDL) Facility project.
Page 2 of 3
Mayor and City Council
May 20, 2008
Approve a sole source purchase of 30 catch basin inserts to capture trash and
debris to be in compliance with the Trash TMDL in the amount of $28,875 to
Advanced Solutions.
Approved by: Dnr� P"-
Donald Penman, City Manager
PM:TT:LT
Page 3 of 3
`E
STAFF REPORT
Public Works Services Department
DATE: May 20, 2008
TO: Mayor and City Council jy
FROM: Pat Malloy, Assistant City Manager /Public Works Services Direct® r 1v II1
Prepared by: Lubomir Tomaier, Principal Civil Engineer
Mark Rynkiewicz, Associate Civil Engineer
SUBJECT:
SUMMARY
On December 4, 2007, the City Council awarded a contract to CJ Construction, Inc. in
the amount of $193,312.50 for the construction of the 2007/08 Annual Asphalt and
Concrete and the ADA Sidewalk Access Program. 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 $191,359.00. This amount reflects the original contract amount
of $193,312.50 plus minus quantity changes totaling $1,953.50 or 1% below the original
contract amount.
Staff recommends that the City Council accept all work performed by CJ Construction,
Inc. as complete and authorize the final payment to be made in accordance with the
contract documents, subject to a retention of $19,135.90.
BACKGROUND
The Public Works Services Department is responsible for the maintenance and repair of
approximately 147 miles of pavement within the community. In 1999, as part of the
Pavement Management Program, staff prioritized the condition of all City streets and
established a program to slurry seal streets within the City based on a pavement
condition index. As a part of the work, adjacent damaged concrete curbs and gutters
are repaired to correct safety and drainage problems. The 2007/08 Capital
Improvement Program includes the Annual Asphalt and Concrete Program for this work.
Page 1 of 2
CONTRACT DOCUTMENTS
Recommendation: Approve
J
Mayor and City Council
May 20, 2008
Page 2
The terms and conditions of this contract have been complied with and the work has
been performed to staffs satisfaction. Concrete repairs were conducted on various
streets as identified on the attached location map (Exhibit "A ").
Staff recommends that the City Council accept all work performed by CJ Construction,
Inc. as complete and authorize the final payment to be made in accordance with the
contract documents, subject to retention of $19,135.90. This amount reflects the
original contract amount of $193,312.50 plus minus quantity changes totaling $1,953.50
or 1% below the original contract amount.
The Annual Asphalt and Concrete and the ADA Access Sidewalk Access Program is
awarded in an amount based on the engineer's estimate of quantities and the low
bidder's unit bid prices. The final contract amount is based on actual installed quantities
based on specific field conditions. Therefore, the awarded contract amount and final
contract amounts vary.
ENVIRONMENTAL IMPACT
This project is categorically exempt per Section 15302 (c) replacement from the
requirements of the California Environmental Quality Act.
FISCAL IMPACT
Funds in the amount of $600,000 are budgeted in the 2007/08 Capital Improvement
Program for the Annual Asphalt and Concrete Program and $25,000 for the ADA
Sidewalk Access Program for a combined budget of $625,000.
RECOMMENDATION
1. Accept all work performed by CJ Construction, Inc. for the 2007/08 Annual
Asphalt and Concrete and the ADA Sidewalk Access Program as complete.
2. Authorize final payment to be made in accordance with the contract
documents, subject to a retention of $19,135.90.
Approved by: ,T Q P" — J
Donald Penman, City Manager
PM:LT:MR
Attachment: Location Map — Exhibit "A"
Page 2 of 2
.i
May 20, 2008
STAFF REPORT
Library and Museum Services Department
TO: Mayor and City Council
FROM: Janet Sporleder, Director of Library and Museum Services
Prepared by Jackie Faust - Moreno, Library Services Manager
SUBJECT: Gift of $3,700 from the Arcadia Public Library Foundation for Library materials
Recommended action: Accept the donation
SUMMARY
The Arcadia Public Library Foundation, as part of its ongoing mission to support the Library's goals and
objectives, is donating $3,700 to the Library for materials.
DISCUSSION
The funds being donated will be used for the following purposes:
• English Language Learners Collection. The Library's collection of literacy materials, purchased
several years ago with funds from the Successful Partners Adult Reading Center (SPARC) and a
State grant, has been heavily used. SPARC, a now defunct 501(c)3 organization provided
literacy support for residents of Arcadia, South Pasadena, and Monrovia. Recently this
collection was evaluated and items that were damaged or dated were discarded. Staff
recommends creating a new collection that would include books matched with recorded
readings of the text, dictionaries, and a variety of other materials all designed to assist with
leaming English. Staff would monitor the collection to determine what types of materials
circulate the most. Staff would then add to the collection each year.
• Memorial Books. The Arcadia Public Library Foundation received donations from area
residents in memory of Mrs. Roberta Carnphouse, a long time resident of Arcadia and a member
of the Library Board of Trustees for a number of years. Library books on roses and history,
along with a special bookplate in her honor, will be purchased for the collection.
FISCAL IMPACT
The Arcadia Public Library will experience an added $3,700 to its budget allocation.
RECOMMENDATION
Accept the donation.
Approved by:
Donald Penman, City Manager
STAFF REPORT
Development Services Department
DATE: May 20, 2008
TO: Mayor and City Council
FROM: Jason Kruckeberg, Development Services Director 7719
Philip A. Wray, City Engineer /Engineering Services Administrator P �W
Prepared By: Tim Kelleher, Senior Engineering Assistant
SUBJECT: Award Contract —
Project
Recommendation: Authorize the City Manager to enter into a contract
with Gentry Brothers, Inc. in the amount of $526,400
SUMMARY
As part of the City's ongoing pavement management program, the City annually
appropriates Proposition C funding for an arterial repaving project. For the current fiscal
year Capital Improvement Program (CIP), the City Council appropriated the funding for
the repaving of the westbound lanes of Huntington Drive from the westerly City limit to
Baldwin Avenue. Also in this year's CIP, the Council appropriated Transportation
Development Act (TDA) pedestrian improvement funds to construct a new sidewalk on
the north side of Huntington Drive between Golden West Avenue and Baldwin Avenue.
Because these two projects include the common trade of concrete work, and are in the
same general vicinity staff decided to combine the two into one project.
The project was advertised for bids in April and bids were opened on May 6, 2008.
Gentry Brothers, Inc. submitted the successful low bid in the amount of $526,400.
Staff recommends that the City Council award a contract for the Street Rehabilitation of
Westbound Huntington Drive and Sidewalk Gap Closure projects to Gentry Brothers,
Inc.
BACKGROUND
The City's Pavement Management Program, which analyzes the existing condition of
the street pavement, has identified the Huntington Drive westbound lanes between
I �+
Staff Report
Award Contract
May 20, 2008
Page 2
Baldwin Avenue and Michillinda Avenue as the highest priority street for repair with a
rating of 37, 100 being perfect and zero being failed. The City annually appropriates
approximately $600,000 in Proposition C funding for arterial street pavement projects.
Because the project was too expensive to fund in one fiscal year, it was divided into two
projects over two fiscal years. The eastbound Huntington Drive was rehabilitated in
summer of 2006 and now the westbound segment is scheduled to be done this
summer.
Annually the County of Los Angeles allocates $25,000 to the City to construct
sidewalks. For the last couple of years, the City has spent these funds filling in missing
segments of sidewalk on Huntington Drive between Baldwin Avenue and Michillinda
Avenue. At this time the sidewalk on the south side of Huntington Drive has been
completed. The current project will include this year's budgeted $25,000 Sidewalk Gap
Closure project to fill in missing sidewalk on the north side of Huntington Drive between
Old Ranch Road and Golden West.Avenue.
DISCUSSION
Roadway analysis conducted as a part of the City's Pavement Maintenance Program
indicated that Huntington Drive from the Westerly City Limit to Baldwin Avenue is in
poor condition and is rated as a high priority for rehabilitation. The proposed street
rehabilitation project includes removal and replacement of asphalt concrete pavement
and portions of curb and gutter, cold milling of asphalt concrete and construction of
asphalt concrete overlay, adjustment of sewer and storm drain manhole frames and
covers to grade, adjustment of water valve covers to grade, •legends and striping, and
construction of curb ramps.
Because the bid amounts were anticipated to be very close to the:budget amount, staff
removed some of the supplemental concrete repair items from the base bid schedule,
such as the curb and gutter and curb ramps, and added them as a separate add -
alternate bid section. The base bid amount was used to determine the bid rankings.
Sixteen (16) prospective contractors received plans and specifications and nine (9)
qualified bids were received with the following results:
Contractor
Amount
Gentry Brothers
$489,200.00
Mobassaly Engineering Inc.
$489,995.00
Excel Paving
$496,980.00
Sequel Contractors
$498,675.00
All American Asphalt
$521,660.50
Silvia Construction
$523,025.50
Sully Miller
$531,325.00
EC Construction
$550,841.06
Hardy & Harper Inc
$732,480.00
Staff Report
Award Contract
May 20, 2008
Page 3
Staff has reviewed the bid documents for content, and has investigated the contractor's
background and recent projects for competency. Staff has determined that Gentry
Brothers, Inc. can satisfactorily perform the required work.
Gentry Brothers was selected as the low bidder based on the base bid amount of
$489,200. Gentry Brothers bid $37,200 for the add - alternate bid items bringing their
total bid amount to $526,400. This total amount is within the project budget and staff
has elected to proceed with the add - alternate bid.
For a street such as Huntington Drive that is central to many important facilities in
Arcadia, summer is the optimal time for construction. During summer, activity at the
racetrack is light, the regular school session is out, the mall shopping season is off -peak
and overall traffic is the lightest. In order to be ready for construction in late June, a
project has to be advertised in April and have a contract awarded in May.
ENVIRONMENTAL ANALYSIS
The project is categorically exempt per Section 15301 class 1(c) from the requirements
of California Environmental Quality Act (CEQA).
FISCAL IMPACT
Proposition "C" in the amount of $600,000 and TDA funds in the amount of $25,000
have been approved in the 2007 -08 Capital Improvement Program to complete this
project. Specifically, the Proposition "C" funds are budgeted to repave westbound
Huntington Drive from the westerly City limit to Baldwin Avenue and the TDA funds are
budgeted to build a sidewalk on the north side of Huntington Drive between Golden
West Avenue and Baldwin Avenue.
RECOMMENDATION
Authorize the City Manager to enter into a contract with Gentry Brothers, Inc. in
the amount of $526,400 for the Rehabilitation of Westbound Huntington Drive
from the Westerly City Limit to Baldwin Avenue and Sidewalk Gap Closure
Project
Approved By: P r�
Donald Penman, City Manager
JK:PAW:TOK:pa
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ENGINEERING DIVtEION
Development Services Department
DATE: May 20, 2008
TO: Mayor and City Council
FROM: Jason Kruckeberg, Development Service Director
Philip A. Wray, Deputy Director of Development Services
Prepared by: Rafael Fajardo, Assistant Engineer
SUBJECT: Award Contract— Santa Anita Avenue Street Rehabilitation
Recommendation: That the City Council authorize the City Manager to
enter into a contract with Gentry Brothers, Inc. in the amount of $628,370
for the Santa Anita Avenue Street Rehabilitation Project
SUMMARY
The California State Budget Bill for the 2007 -2008 fiscal year included a $600 billion
appropriation for cities and counties from the Local Streets and Roads Account
contained in Proposition 113, the Transportation Bond approved by voters in November
2006. The Bill includes a three year "use- it -or- lose -it" provision that specifically requires
the funds to be expended within three fiscal years. For the 2007 /08 fiscal year, the City
of Arcadia received $912,027 in Proposition 1B funds.
On November 20, 2007, the City Council appropriated the Proposition 1 B funding to the
rehabilitation of Santa Anita Avenue from Christina Avenue to Camino Real Avenue.
Staff prepared the plans and specifications for the project and on May 6, 2008, bids
were opened. Ten (10) bids were received with the low bid from Gentry Brothers, Inc. in
the amount of $628,370. Staff has reviewed the low bid and found it to be satisfactory.
Staff recommends that the City Council authorize the City Manager to enter into a
contract with Gentry Brothers, Inc. for the Santa Anita Avenue Street Rehabilitation
Project in the amount of $628,370.
DISCUSSION
The City of Arcadia received an appropriation of $912,027 from Proposition 16, the
Transportation Bond approved by voters in November 2006. Proposition 1B was
intended for use on a variety of street pavement maintenance, rehabilitation and
reconstruction projects that will assist in reducing local traffic congestion and further
Staff Report
Award Contract
May 20, 2008
Page 2
i
street deterioration. The City has designated the Santa Anita Avenue Street
Rehabilitation project from Christina Avenue to Camino Real Avenue as its project to
expend Proposition 1 B funds for the 2007/08 fiscal year.
Roadway analysis conducted as a part of the City's Pavement Maintenance Program
indicated that Santa Anita Avenue from Christina Avenue to Duarte Road is in poor
condition and is rated as a high priority for rehabilitation. The proposed street
rehabilitation project includes removal and replacement of asphalt concrete pavement
and portions of curb and gutter, cold milling of asphalt concrete and construction of
asphalt concrete overlay, adjustment of sewer and storm drain manhole frames and
covers to grade, adjustment of water valve covers to grade, legends and striping,
construction of curb ramps and removal and replacement of concrete gutter along Santa
Anita Avenue and the installation of new traffic signal poles and equipment at Camino
Real Avenue and Santa Anita Avenue.
In comparison to other recently bid street rehabilitation projects, the unit prices in the
latest bids were considerably lower than anticipated apparently due to the economy and
the construction industry. For example, the unit price for asphalt is generally down 10%
and unit prices on smaller quantity items are down as much as 40 %.
A Notice Inviting Bids was published in the adjudicated paper and 19 bid packages were
purchased by the area contractors. Ten (10) bids were received and opened on May 6,
2008 with the following results:
Bidders
Amount
Gentry Brothers, Inc.
$628,370.00
Mobassaly Engineering Inc.
$664,238.50
Sequel Contractor
$664,350.00
Sully Miller
$676,023.50
Silvia Construction
$683,825.00
Imperial Paving
$702,000.00
All American Asphalt
$714,546.90
EC Construction, Inc.
$730,226.16,
Excel Paving
$798,704.50
Staff has reviewed the bid documents for content, and has investigated the low bidder's
background and recent projects for competency. Staff has determined that Gentry
Brothers, Inc. can satisfactorily perform the required work.
;--, ..
Staff Report
Award Contract
May 20, 2008
Page 3
ENVIRONMENTAL ANALYSIS
The project is categorically exempt per Section 15301 class 1(d) from the requirements
of the California Environmental Quality Act (CEQA).
FISCAL IMPACT
Funds were appropriated for Santa Anita Avenue Rehabilitation Project from the City's
portion of the Proposition 1B funding for Local Street and Roads in the amount of
$912,027. Funds are available to cover the contract cost, inspections and
contingencies. The balance will be added to next fiscal year's appropriation of
Proposition 1B funding.
RECOMMENDATION
That the City Council authorize the City Manager to enter into a contract with
Gentry Brothers, Inc. in the amount of $628,370 for the Santa Anita Avenue Street
Rehabilitation Project.
Approved By: J -eD p
Donald Penman
City Manager
JK:PAW:RF:pa
j STAFF REPORT
Development Services Department
May 20, 2008
TO: Mayor and City Council
FROM: Jason Kruckeberg, Development Services DirectorL'L
By: Philip A. Wray, Deputy Director of Development Services /City Engineer}�N
SUBJECT: Authorize the City Manager to approve an addendum to the Professional
Services Agreement with Roy E. Glauthier for Transportation Planning and
Policy Services for a total amount not to exceed $30,000
Recommended Action: Approve
SUMMARY
In December of 2007, the City's Transportation Services Officer resigned leaving a
temporary vacancy in the Development Services Department. In order to keep up with
those tasks that have regular deadlines and reporting requirements, the City entered into
a contract with Roy E. Glauthier to provide the interim services of the Transportation
Services Officer. The original contract was for $14,500 and was considered sufficient at
the time to cover the recruitment period. The recruitment period has taken slightly longer
that anticipated and Mr. Glauthier's services are requested to continue to fill the interim
role and to train the new employee.
Staff recommends approving an addendum to the Professional Services Agreement with
Roy E. Glauthier.
DISCUSSION
Roy E. Glauthier has provided Transportation Management Services to the City of
Arcadia at various times over the last ten years. Mr. Glauthier has a vast experience in
transportation planning, transit operations and management and various transportation
and transit funding programs. He is fully knowledgeable of the Arcadia Transit Program
and a variety of FTA and Metro funding and compliance programs.
In December of 2007, the City's Transportation Services Officer resigned leaving a
temporary vacancy in the Development Services Department. In order to keep up with
those tasks that have regular deadlines and reporting requirements, the City contacted
Mayor and City Council
May 20, 2008
Page 2
Mr. Glauthier to request his services as the interim Transportation Services Officer. The
City entered into a Professional Services Agreement with Mr. Glauthier for his services
on an interim basis at a cost not to exceed $14,500, which is within the staff
administration authority.
The contract was anticipated to cover vital services during the position recruitment
period. Mr. Glauthier provides services to the City on a one day per week basis and
attends meetings on the City's behalf. The recruitment period has taken slightly longer
than anticipated and the funding has been expended in the initial Professional Services
Agreement. Mr. Glauthier's services are requested to continue to fill the interim role and
to train the new employee. It is estimated that his services will be necessary for an
additional three months. Staff is proposing to addend the original Professional Services
Agreement to an amount not to exceed $30,000.
FISCAL IMPACT
The cost for these services will be paid for out of the Professional & Technical fund. With
the savings to the City from the vacant position, the net result of this Professional
Services Agreement is still a cost savings for the position.
RECOMMENDATION
Authorize the City Manager to approve an addendum to the Professional Services
Agreement with Roy E. Glauthier for Transportation Planning and Policy Services for a
total amount not to exceed $30,000.
Approved: `.Doy% -c Pc^ -v-o� )
Donald Penman, City Manager
Mp.f.l..l
STAFF REPORT
Public Works Services Department
DATE: May 20, 2008
TO: Mayor and City Council
FROM: Pat Malloy, Assistant City Manager /Public Works Services Dir or
Prepared by: Tom Tait, Deputy Public Works Services Directo Pit
SUBJECT: RESOLUTION NO. 6618 ADOPTING A REVISED CITY OF ARCADIA
Recommendation: Adopt
SUMMARY
On February 19, 2002, the City Council adopted Ordinance No. 2153 amending the
Arcadia Municipal Code regarding the City's comprehensive Tree Management
Program. The Ordinance states that the City's Street Tree Master Plan (STMP), or its
amendments, must be adopted by resolution.
The STMP was approved by the City Council on March 5, 2002. Staff has made some
changes and updates to the STMP in order to ensure that the document is compatible
with Arcadia's changing environment. Therefore, staff recommends that the City
Council adopt Resolution No. 6618 adopting a revised City of Arcadia Urban Forest
Master Plan.
DISCUSSION
The City of Arcadia's Urban Forest consists of over 17,800 publicly maintained trees.
Trees are important to Arcadia because they are a symbol of community pride and are
an integral part of the City's aesthetic appeal. In order to properly protect the City
against lawsuits, staff is recommending text changes to the Master Plan. The following
elements have been modified:
Rename the Street Tree Master Plan to Urban Forest Master Plan.
• Elimination of the words "parkway" and "easement"
• Elimination of the possessive word "City's"
Page 1 of 2
Mayor and City Council
May 20, 2008
• Rephrase sentences to explicitly delineate the responsibilities and liabilities of the
Residents and the City with respect to the maintenance of trees in the public
right -of -way (pp. 2, 10 -11, & 16).
• Definition of "Urban Forest' and `Right -of -Way' in the first section of the Master
Plan.
• Replacement of the term "problematic' with "undesirable ".
• Use "right -of -way' in lieu of "parkway" or "street' for the description of trees.
As a result of these minor text changes, the City will be able to reduce its exposure to
monetary damages from sidewalk and tree related accidents. These changes are
intended to clarify the intent of the Master Plan in cases of litigation. Therefore, staff
recommends that the City Council adopt Resolution No. 6618 adopting a revised City of
Arcadia Urban Forest Master Plan.
RECOMMENDATIONS
Adopt Resolution No. 6618 adopting a revised City of Arcadia Urban Forest Master
Plan.
Approved:
Donald Penman, City Manager
PM:TT:jb
Attachments
Page 2 of 2
1.1 Introduction
The City of Arcadia, located in the foothills of the San Gabriel Valley is a mature,
predominately residential community of approximately 50,000 people, occupying 12
square miles extending into the southern slopes of the San Gabriel Mountains.
Each year since 1993, the City of Arcadia has been designated as a Tree City USA. To
maintain this honorable status, the City continues to meet the following established
criteria:
1. Maintain a Tree Board or Commission (Arcadia Beautiful Commission).
2. Adopt a Community Tree Ordinance (Section 9, Chapter7).
3. Spend at least $2 per capita on forestry programs (current expenditures are
approximately $7.70 /resident).
4. Conduct an Arbor Day Observance or proclamation (typically Arcadia celebrates
this special event in March or April).
The Arcadia Beautiful Commission, designated by the City Council and in the Arcadia
Municipal Code as the City's "Tree Commission ", represents an excellent opportunity for
the City to have spokespersons and advocates for the City's Urban Forest. These
individuals assist City staff in implementing Urban Forestry guidelines and also
promoting the City's Urban Forestry programs.
The Public Works Services Department (PWSD) is proposing the Urban Forest Master
Plan as a guideline to assist the City Council, Arcadia Beautiful Commission, and staff,
in planning and implementing long -term management and care of the Urban Forest.
The Urban Forest Master Plan is a comprehensive strategy to be employed by the City,
specifically PWSD, to fully integrate and standardize all aspects of infrastructure
maintenance. Currently the City has successfully implemented a Water Master Plan,
Sewer Master Plan and is formalizing a Pavement Management Plan. PWSD has also
implemented a Maintenance Management Information System for all service requests
processed through the Department and to accurately track daily activities and programs
of the Department. The Master Plan approach to infrastructure maintenance allows for
continuity, consistency, and equity with regard to planning, and budgeting.
Maintenance of the Urban Forest has historically been considered a relatively simple,
and routine aspect of local infrastructure maintenance not requiring long -range planning
or management. However, due to a number of emerging concerns, tree maintenance
issues have become far more complex. Some of the key emerging concerns that have
contributed to the increasing complexity of tree maintenance include; modifications in
local land -use, changing aesthetic concerns, safety and liability issues, proliferation of
local plant types and species, aging and deterioration of large majestic tree,
environmental concerns, sewer system root intrusion, root damage to sidewalks and
driveways, utility interference, and local budgetary constraints. The Urban Forest
it
Master Plan attempts to address and mitigate these concerns in a comprehensive,
coordinated and cost - effective manner.
1.2 Background and Current Program
The Urban Forest is a tree or group of trees growing on public property or private
property, within the right -of -way, and within the city limits of Arcadia. The right -of -way
shall mean any land, or interest therein, which, by deed, conveyance, agreement,
dedication, usage, or other process of law, has been reserved for or dedicated to the
City for the use of the general public for public road purposes, including, but not limited
to, any public street, highway, alley, curb, gutter, sidewalk, driveway approach, or
parkway.
The City of Arcadia's Urban Forest consists of over 17,800 trees. The tree population is
extremely diverse consisting of over 50 different species and is also home to the
Engeleman Oak, a relatively rare majestic species of tree for this area. The City's lush
Urban Forest softens the hard lines of the urban infrastructure and is an integral part of
our community's aesthetic appeal. The trees are frequently cited as a point of civic
pride. The care and maintenance of the Urban Forest is a shared responsibility
between the City of Arcadia Public Works Services Department (PWSD) and its
residents. The PWSD has a designated Tree and Right -of -Way Unit, within the Street
Maintenance Section, which consists of two (2) full -time employees and utilizes the
services of a private tree trimming contractor to assist the City in maintaining a 4 year
tree trimming schedule. The Tree and Right -of Way Unit will be utilized for the day -to-
day care and maintenance of trees located throughout the City, including 11 City Parks
and 9 City facilities. The City crew also performs other types of right -of -way
maintenance such as weed abatement, brush removal, vegetation clearance, and rapid
response to limbs that have fallen or require immediate trimming for safety reason. The
Tree and Right -of -Way Unit trims approximately 1,500 trees and remove /replaces
another 30 trees each year.
1.3 Disc ussion
The City's existing tree maintenance program provides for the general upkeep of the
current tree stock, mitigates immediate public safety hazards, and allows for minimal
tree replacement on a case -by -case basis. The existing program provides for some, but
not all, pro- active and predictive maintenance efforts necessary to improve aesthetics,
minimize long -term liability and facilitate the long -term sustainability of a vibrant Urban
Forest in the City of Arcadia. Elements of a comprehensive, pro- active Urban Forest
Master Plan for the City would provide for:
• Planting of new tree stock in certain areas or in areas void of appropriate
landscaping.
• Mitigation of utility line interference.
2
• Planned removal /relocation of trees that have been identified by the PWSD as
aesthetically or structurally incompatible with their immediate environment.
• Development of a multi -year maintenance Urban Forest management profile that
emphasizes the cultivation and replacement of tree species that are aesthetically
pleasing, low- maintenance, infrastructure friendly, and cost effective (to be
determined by the PWSD).
This Urban Forest Master Plan proposal provides a number of long -term program
alternatives that can be selected for implementation. Each alternative covers a ten -year
duration and addresses some, or all, of the elements noted above.
It is recommended that the City take the following actions over the next 10 years:
• Actively promote the planting of new trees in areas in need of trees to increase the
total tree population.
• Actively replace a predetermined number of undesirable trees each year, as defined
in Section 3.1 (Undesirable Trees).
• Actively promote awareness of the City's Urban Forest and care for trees, as defined
in Section 5 (Public Education).
• Introduce flexibility into the City's tree removal guideline, as defined in Section 4.3.2
(Systematic, Incremental Undesirable Tree Removal Program).
3
2.1 Introduction
In developing the proposed Urban Forest Master Plan several questions have been
considered to assist in planning for the future:
• What does the City want the local Urban Forest to look like in 20 or 30 years and
what alternative funding strategy must be established to try and achieve the desired
outcome?
• What criteria will the City establish in regard to removing and replanting trees?
Master Plan Mission Statement
Arcadia's Urban Forest will be a multi -aged, fully stocked, healthy and safe forest
It will contain a wide variety of appropriate species maintained at a low cost on a
regularly scheduled basis. It will contribute to the general welfare of our
residents by reducing energy costs, increasing property values, providing homes
for wildlife, beautifying all neighborhoods, and projecting an image of quality to
visitors and prospective businesses.
2.2 Cultivation and maintenance of a thriving Urban Forest*
The City recognizes that the Urban Forest provides numerous direct and indirect
benefits for the residents of Arcadia. Some of these benefits are:
• Improving Air Quality — trapping and holding dust particles that can damage
human lungs. Tree foliage absorbs carbon dioxide and other poisonous gases and,
in turn, replenishes the atmosphere with oxygen for us to breathe. One acre of trees
provides oxygen for 18 people and will absorb the amount of carbon dioxide each
year equivalent to that produced by a car driven 26, 000 miles.
• Saving Energy — through providing shade in the summer months and serving as a
windbreak during the winter. Trees properly placed around buildings can reduce air -
conditioning demands by 30 percent. Trees strategically placed for windbreak
protection can save 20 to 50 percent in energy used for heating. As a result, fewer
fossil fuels are expended for heating and cooling.
• Reducing Noise Pollution — trees serve as natural noise buffers that absorb and
deflect loud and unpleasant sounds from the urban environment.
• Improving Personal Health — helping relieve psychological stresses associated
with living in metropolitan areas. Trees create feelings of relaxation and well- being.
Medical research shows that patients assigned to rooms with a natural view of trees
and green open spaces have shorter postoperative hospital stays.
4
• Improving Water Quality — reducing the impact of billions of raindrops — resulting in
less runoff and erosion. This allows more recharging of the ground water supply,
which hardscape and paving significantly reduce. Wooded areas help prevent the
transport of sediment and chemicals into streams
• Providing Natural Habitat — for numerous species of birds, mammals, insects,
plants, and a variety of other wildlife that would not be present if not for an abundant
local tree population.
• Adding Natural Beauty — softening the visual lines of the urban world, trees often
give visitors the first impressions of a community. Picture Arcadia without trees. Is it
still a place you would like to live? Trees improve the quality of life for all of us —
now, as well as for future generations.
• Increasing Economic Stability — attracting and keeping businesses in a
community. The National Arbor Day Foundation reports that people linger and shop
longer along tree lined streets. Apartments and offices rent quicker and tenants stay
longer in wooded areas. Studies by the US Department of Agriculture — Forest
Service have shown that healthy mature trees add an average of 10 percent (10 %)
to a property's value.
(This section is taken in part from Urban and Community Forestry: Improving Our Quality of Life USDA Forest Service)'
2.3 Recommendation
It is recommended that the City recognize the civic importance of a well maintained
Urban Forest and incorporate the Urban Forest Master Plan Mission Statement as a
guideline for maintaining trees on public property and on private property within the
right -of -way.
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Section 3. Current issues Concerning Species management of Arcadia's urban'F
Over the past thirty years, more than 50 different species of trees have been planted
and are growing within the public right -of -way. In the past, primary considerations when
planting trees in the right -of -way were aesthetics and visual compatibility with the
immediate surrounding environment. While most local trees have grown and flourished,
some types and species of trees have become undesirable for the following reasons:
• Destructive root systems.
• Fruit and pod discharge.
• Age, decay and deterioration.
• Utility line interference.
Another issue is that some areas of the City are relatively barren and are lacking an
adequate presence of trees in the right -of -way.
One of the most significant issues related to the management of the Urban Forest is the
aging and deterioration of the local tree stock. All of these issues; undesirable trees,
lack of trees in certain areas, aging and decay in the Urban Forest are discussed in
detail in this Section.
3.1 Undesirable Trees in the Right -of -Way
Staff has determined that various species of trees in the right -of -way are creating a
range of operational situations related to safety, infrastructure maintenance, and
property damage. This conclusion is based on prevailing arboricultural literature,
observation and experience from the PWSD, contractor field crews, and comments from
local residents and businesses. Field experience and conventional wisdom suggest
that certain species of trees are not well suited for certain areas of the public right -of-
way.
Destructive Root Systems
Tree root systems that fracture local sidewalk, driveways and other concrete and
pavement surfaces are perhaps one of the most visually obvious problems caused by
trees. Shallow roots from large trees that break the ground surface in search of water,
have adequate force to crack concrete, asphalt and nearly any other hard surface in the
roots' path. This problem is most common among large, majestic trees and is not
necessarily limited to a particular species. These destructive root systems not only
damage public and private property, but also create safety hazards and liability issues
related primarily to "trip and fall" incidents. Each year staff receives approximately 300
service requests related to root - related hazards or property damage.
P
Some destructive root systems, rather than growing upward in search of surface water,
grow downward and intrude public and private sewer lines. The hair -like roots enter
through cracks in the pipe, or through pipe connector seams that are not properly
sealed. Once the roots have intruded a sewer line they rapidly proliferate in the moist,
mineral -laden environment. The roots will grow sufficiently large to form a filter for
various sediments and grease. These roots impede, and eventually obstruct the flow of
water or sewage through the line. Lines that become completely obstructed by root
intrusion will ultimately result in breakage of the line, or a sewer back up. Each year the
City video -tapes (tapes are used to identify areas of root intrusion) and removes roots
from public sewer pipelines. This type of problem is not usually species specific, and
can be caused by a variety of different trees. The City's current guidelines addressing
sewer lateral damage from root intrusion are outlined in Tree Removal Guideline.
Fruit and Pod Discharge
Some species of trees routinely discharge fruit, pods and flowers onto the public right -
of -way. While this is merely a biological function of plant growth, and reproduction, in
terms of community aesthetics, maintenance and safety, this function is undesirable.
Some tree species have discharges that soil and stain local streets and sidewalks, and
in general create a messy and aesthetically unpleasing environment. While many of
these fruit and pod bearing species are beautiful trees, they are better suited to open
areas away from hardscape.
Age, Decay and Deterioration
Some trees are approaching, or have exceeded, their average life expectancy
(approximately 50 years). The age and decay factor transcends all species and
eventually impacts all City trees in the Urban Forest. Once aging trees have surpassed
peak maturity and begin the process of deterioration, their structural integrity becomes
increasingly compromised. It may have dead or decaying limbs, branches or trunk
cavities that can present a significant hazard during high wind conditions. Eventually
the tree begins to decay and is no longer able to support the weight of its structure
(trunk) and /or substructures (branches or limbs). At this point, the tree becomes a
potential hazard and will likely require removal.
Utility Line Interference
There are several areas in the City that have trees that have grown very tall and their
branches interfere with overhead electric utility lines. When these branches grow into
the live electrical utility wires, it can damage the lines as well as create a significant fire
hazard. Often in these areas, trimming must occur on an annual or more frequent
basis. Currently, the local electric utility provider, Southern California Edison (SCE), is
responsible for trimming in areas where trees interfere with utility lines. However,
SCE's trimming techniques are not consistent with the City's trimming standards. SCE
employs a trimming technique commonly referred to as "topping" which, as the term
implies, refers to simply chopping the tallest branches off of the top of the tree without
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any attention to thinning and shaping the interior branches of the tree. The practice of
"topping" results in distorted growth patterns and eventually leads to permanent
damage, or death of a tree.
3.2 Preferred Trees in the Right -of -Way
Staff has identified and categorized various local tree species that are preferred for
planting and cultivation the in right -of -way.
Climate and Soil Compatibility
This is perhaps the most important consideration when selecting a new or replacement
tree. No matter how desirable a tree species may be from a maintenance and aesthetic
standpoint, if it is not compatible with the local climate and soil conditions it will become
an operational liability and eventually perish. The preferred species are those which
thrive on extended exposure to sunlight and heat and have minimal rainfall
requirements (i.e., limited drought tolerance). Species that thrive in dry soil conditions
would also be preferred.
Aesthetics and Visual Compatibility
The City's Urban Forest is recognized as a point of civic pride. Arcadia's Urban Forest
is a rich blend of mature and predominately healthy trees from varied species. The
species range from the majestic Engleman Oak to Magnolia, Crape Myrtle and Liquid
Ambar trees. Aesthetically preferred species would be those that are visually
compatible with the existing trees in the area and those that provide shade, greenery,
and in certain cases are deciduous and loose their leaves in the fall.
Growth Rate, Maintenance Requirements and Life Expectancy
Preferred species are durable, mature rapidly, live for long periods of time, and require
minimal trimming, water and maintenance. Tree species with symmetrical growth
patterns (e.g., Camphor, Magnolia and Deodar Cedar) are also preferable to species
that have erratic or disproportionate growth patterns.
Resistance to Disease and Adverse Air Quality
Preferred species should be very resilient and capable of tolerating high levels of
exposure to smog and various airborne toxins. Preferred species should also have a
high level of resistance to a variety of different diseases that can infect the local flora
and fauna.
Recommendation
Several tree species that closely meet the criteria mentioned above have been identified
and listed in the Specie Palette. The list also includes species that may not be
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preferred for all right -of -way environments, but may be preferred for conditional uses
such as open spaces and landscaped medians. The Urban Forest Master Plan
recommends that the above criteria and tree species listed in the Specie Palette provide
the basis for future selection of tree species that will be planted and cultivated in the
right -of -way.
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Tree Removal Guideline
This Tree Removal Guideline is part of the Urban Forest Master Plan.
Tree Removal Guideline
No tree in the right -of -way, as defined in the Arcadia Municipal Code, shall be removed
or replaced, unless the Public Works Services Director approves such removal or
replacement in writing. The City may remove and /or replace a tree if:
• The tree is dead, dying or diseased as defined in section 1; or
• The tree poses a hazard to the public; or
• Removal of the tree is required in order to permit the installation of public
improvements.
Section I — Criteria to Remove a Tree in the Right -of -Way
A tree shall be deemed to meet the above criteria based on one or more of the
following: the tree exhibits extensive dying branches or extensive decay in the trunk
and /or branches; or the tree is leaning extensively; or the tree is missing significant tree
branches to a degree that the tree appears unbalanced; or the tree suffers from
significant root damage.
Separate and apart from the above - mentioned circumstances, the City may allow a
property owner to remove and replace a tree, at the owner's expense, if one of the
following limited conditions is satisfied:
(a) The tree removal is approved by the Public Works Services Director as part of a
construction project on public property, but only if the Public Works Services
Director determines that the health of the tree will be affected by such construction
or is necessary for the installation of sidewalks, handicap ramps, and/or curb &
gutter; or
(b) The right -of -way tree's roots are causing verifiable damage to the adjacent property
owner's sewer and /or water lateral. (The detailed process for damage verification is
outlined later in this policy and entitled "Damage Verification Process. ")
(c) The right -of -way tree is causing verifiable damage to private property, (e.g. private
walkways, driveways, building foundations, etc.). The process for damage
verification and ultimate removal will be consistent with that required for sewer and
water lateral lines. The City shall not be held liable for any damage to private
property by the performance of the removal.
Note: The City will require that the property owner /applicant hold the City harmless for
any claims and liability for any damage to sewer laterals and water service lines,
as well as to other property, caused by the removal of a tree.
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Note: The installation of a circular driveway or the widening of a driveway, position of
tree in the right -of -way, and /or re- landscaping of a property owner's yard does
not constitute sufficient basis for the removal of a tree, unless the tree is
considered undesirable or meets the criteria for removal as described above.
Before a tree is removed at the request of a property owner, the property owner shall
submit to the City a deposit equal to the amount determined by the Public Works
Services Director to be the actual cost to remove and replace the tree.
Whether a tree is removed at the City's expense, or at the property owner's expense, in
all cases the tree that is removed shall be replaced with a new tree. The size and
species of the new tree shall be approved by the Public Works Services Director,
Section II — Damage Verification and Approval to Remove a Tree in the Right -of-
Way
1) For staff to consider the removal of a tree that is allegedly obstructing or damaging a
private sewer lateral or water service line, the property owner must provide tangible
and credible evidence to this effect. Evidence must include work invoices from a
licensed plumbing contractor; and should include photographs of damaged lines and
closed circuit television tapes of lateral lines.
2) Once the City has reviewed the evidence and determined it to be credible and
compelling, a staff member will visit the site to conduct a field survey. The staff
member will further inspect the street tree to determine species, age, size, and
condition.
3) If the right -of -way tree is healthy and viable, the City will make every effort to
encourage the property owner to mitigate the utility line problem through means
other than removal of the tree. The cost to remove and replace a tree is the
responsibility of the property owner.
4) If the City has determined that removal of a tree is necessary, staff will calculate a
cost for removal and replacement based on size, condition, etc. The property owner
can also use a licensed private contractor to remove and replace the tree as long as
the removal and replacement are done properly and the contractor has first been
approved in writing by City staff and licensed by the City.
5) Any tree that is removed must be replaced with another tree from the approved
Urban Forest Species Palette. The City will typically require the replanting of a 24"
box tree in the vicinity of the previous tree.
Revised 4/21/08
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10 Ne The Master Plan Mission Statement includes the goals and guiding principles for
managing the City's Urban Forest. These goals are relatively simple and include:
• Comprehensive and systematic planning for the current and future requirements of
Arcadia's Urban Forest.
• Routine care and cultivation of the Urban Forest to promote the health, vitality, and
safety of the City's Urban Forest.
The Urban Forest Master Plan proposes to achieve the goals of the Mission Statement
through an Urban Forest Tree and Right -of -Way Maintenance Program. This program
emphasizes the following operational objectives:
1) Increase the existing tree inventory by planting additional new trees each year,
rather than simply replacing existing trees that have been removed through attrition.
2) Trees growing under utility lines that have been subjected to repeated topping and
excessive pruning will eventually be removed and replaced with more compatible
species.
3) Undesirable tree species will gradually be phased -out and replaced with preferred
species.
4) An established four -year trimming cycle will be maintained to promote the health and
safety of trees in the right -of -way.
5) Trees in improved right -of -way areas that have tree wells, will receive upgrades to
accommodate new growth and safety considerations.
Challenges
It is proposed that the City assume a more dynamic role in cultivating a sustainable and
desirable Urban Forest for Arcadia residents. Staff has determined that a variety of tree
species pose challenges from an operational perspective. The challenges involve tree
issues such as; safety hazards, damage to public and private property, additional
maintenance for fruit and pod clean -up, and in some cases detracting from the accepted
community aesthetics.
Another challenge is related to the fact that while some species are preferred in some
areas of the community, they may be completely incompatible in another area. For
example, tall Pine trees are well suited for a spacious boulevard median such as those
found on Santa Anita Avenue between Las Tunas and Duarte Road. However, that
same tree may not be as well suited on a sidewalk downtown along Huntington Drive
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with its canopy blocking a storefront and its roots uplifting the sidewalk (e.g., Ficus
trees).
4.1 Propos Guideline Approaches to Replacement
Staff has determined that there are approximately 5,055 undesirable trees that are
concentrated in different areas throughout the City. There are essentially two
alternative approaches the City can employ regarding the replacement of these
undesirable trees with preferred species.
Replacement Through Attrition
The Public Works Services Department is currently attempting to follow this practice
within the City (i.e., removing 100 trees and replacing 70). Attrition, as the term implies,
is simply waiting to remove a tree until it has naturally terminated its life cycle. The
advantage of the attrition approach is that the healthy and mature tree stock will not
require removal.
The primary disadvantage of the attrition approach is that any safety hazard, property
damage or public eyesore that the tree may pose can only be temporarily mitigated until
it dies, or meets the criteria stated in the Tree Removal Guideline. Often the mitigation
measure(s) must also occur repeatedly over time. For example, the trees interfering
with utility lines must be trimmed a minimum of once a year, whereas most trees in the
City are only trimmed once every four (4) years.
Systematic, Incremental Replacement
This approach provides for the incremental removal and replacement of a
predetermined number of undesirable trees each year. An annual removal /replacement
schedule could be based on;
1) geographic location,
2) species,
3) prioritized by potential for causing damage or
4) safety hazard.
The advantage of this approach is trees that have been identified as undesirable can be
systematically removed without waiting, perhaps several years, for the tree to terminate
its life cycle. Subsequently, any property damage, public nuisance, aesthetic
incompatibility or other issue with a tree can be permanently mitigated in a timely, well -
coordinated manner. This approach will save the City money in the long run by
reducing extraordinary maintenance costs and potential claims for property damage.
Staff has been allowing residents to pay for the removal and replacement of trees if they
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request it. This is allowed when a tree is not an approved tree, is reaching the end of its
life cycle but not ready for removal, or meets the removal criteria identified in the Tree
Removal Guideline.
The disadvantage of this approach is that it would inevitably require the removal of
some trees that are mature and healthy. Many residents have developed strong
attachments to trees that are growing in or around their neighborhood. When
confronted with issues of potential safety hazards and property damage, some residents
are very resistant to healthy trees being removed. Historically, the City's tree removal
guideline has paralleled the community notion that healthy trees should only be
removed as a last resort, (i.e. poses a significant safety hazard or damage to public
property).
4.2 Comprehensive Tree Planting Guidelines
A primary consideration in managing the Urban Forest is long -term sustainability. As
segments of the tree stock age and die, it is important that these trees be removed and
replaced with young, vigorous tree stock. It is equally important to augment the City's
tree inventory annually to improve neighborhoods and other areas lacking an
appropriate number of trees. Trees in the right -of -way are only being planted as
replacements for trees that have been removed though attrition. Currently,
approximately 100 trees are removed each year but the annual budget allows for only
70 tree replacements each year. New tree stock is not currently being planted in the
City, with the exception of isolated landscaping projects.
In response to the need to replenish and build the current tree inventory in the right -of-
way, the Urban Forest Master Plan provides several tree planting guidelines for
consideration:
• Develop an active multi -year planting program that provides for annually increasing
the Urban Forest inventory of trees each year.
• Continue to require appropriate planting of trees as part of any new property
development.
• Educate property owners on their responsibilities regarding care of trees in the right -
of -way.
• Revisit the City's Municipal Code to consider amendments to Section 9811
regarding the appropriate tree species suitable for planting in the right -of -way, as
defined in the Species Palette.
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4:3 Comprehensive Tree Removal Guidelines
The city receives approximately 750 -1000 service requests regarding trees in the right -
of -way from residents each year. Staff has determined that the top four local issues
concerning trees are:
1. The tree discharges messy fruit droppings (primarily Olive, Carob, and Magnolia
trees).
2. Damage to privately owned sewer laterals.
3. Damage to sidewalk, driveways, curbs and lawns.
4. Aesthetically unpleasant due to unusual growth, poor pruning or topping of the
tree.
The City's current guideline is to remove trees in the right -of -way only under the
following conditions:
• The tree is determined to be clinically dead, or dying by an arborist.
• The tree is determined to be terminally diseased (i.e. Dutch Elm Disease) —
supported by a detailed arborist report.
• Poses a potential safety hazard, as determined by the PWSD.
• Approval by the Development Services Department as part of a major renovation or
development project.
• The tree is causing significant documented damage to a private sewer lateral. (In
this case the existing policy provides for removal and replacement at the property
owners expense.)
• Any tree that is removed must be replaced with another tree, not necessarily of the
same size or species.
Rather than providing shade and relaxation for residents, unsightly, unkempt trees can
become a neighborhood nuisance. Many aesthetic issues related to trees in the right -
of -way can be resolved by incorporating a degree of flexibility into the City's existing
Tree Removal Guideline. Staff has developed a series of proposed modifications to the
existing tree removal guideline that focuses on two types of removals, routine and
corrective tree removal. The proposed modifications will allow for greater flexibility in
the removal and replacement of undesirable trees, but may be hindered due to
budgetary constraints.
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4.3.1 Routine Tree Removal (Existing Guideli
1. The City will remove any tree in the right -of -way that is clinically dead, diseased or
posing a potential hazard to public safety, Following removal, the tree will be
replaced with a preferred species. In most cases, the replacement tree will be a
standard 24" box tree and will be removed /replaced at the City's expense.
Currently, due to budgetary constraints, the tree replacement program is limited to
40 trees a year.
2. The City will consider replacing a free at the owner's expense if it is properly
documented that the tree is causing extensive damage to a resident's sewer lateral,
utility conveyances and /or other private property such as driveways and private
sidewalks.
3. The City may consider removing a tree at the owner's expense if it is determined to
be an undesirable tree, or is aesthetically incompatible with other trees in the
neighborhood or the community's surrounding environment.
Because the Arcadia Municipal code (AMC) is not explicit on the removal of trees in the
right -of -way as related to their impact on sewer laterals and other utility conveyances
located on private property, the City has developed and maintained a standard
operating procedure on this issue that has remained operative for nearly 20 years.
Recently, this procedure has been incorporated into the official PWSD Guidelines
Manual (Tree Removal Guidelines). The detailed process for carrying out the guideline
as it relates to utility conveyances (sewer, water, gas, electric, telephone, cable etc...)
on private property is outlined below.
A. For staff to consider the issue of removing a tree that is alleged to be obstructing,
or damaging a utility line located on private property, the property owner must
provide tangible and credible evidence to this effect. Necessary evidence must
include; work invoices from a licensed contractor; and can include photographs of
damaged lines, or closed circuit television tapes of the sewer laterals. The
rationale for the verification process is to prevent residents from using utility line
damage as justification to facilitate removal of unwanted trees. This has occurred
on a number of occasions.
B. Once the City has reviewed the evidence and determined it to be credible and
compelling, a staff member will visit the site to conduct a field survey. The staff
member reviews appropriate utility line maps and visually inspects the tree in
question to determine its proximity to the utility fine. The staff member will also
inspect the tree to determine species, age, size and condition.
C. If the tree in question is determined to be dead, dying, diseased, or poses a hazard
to public safety, the City will remove the tree without expense to the property
owner. If the tree is determined to be healthy and viable, any and all expense for
removal will be borne by the property owner.
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If the tree is healthy and viable, the City makes every effort to encourage the property
owner to mitigate the sewer lateral problem through means other than removal. Certain
species of tree, such as Oak, cannot be removed without securing a City permit. Some
Homeowner's Associations (HOA) also prohibit the removal of certain species of trees.
D. Once the City and property owner have determined that removal is necessary, staff
calculates the cost for removal based on size, condition etc... The property owner
can also use a private contractor as long as the removal is done properly and the
contractor has been duly approved by staff and licensed by the City.
E. Any tree that is removed must be replaced with another tree, not necessarily of the
same size or species. The City typically replants a 24" box tree in the vicinity of the
previous tree, taking care to not plant it in a location that may again impact the
nearby utility line. If the property owner chooses to use an authorized private
contractor, the contractor is also required to replant a tree (size and species to be
determined by the City) in place of the tree that was removed at the property
owner's expense. In either case, the cost of removal is the responsibility of the
property owner.
The only exception to this guideline would be the removal of Oak Trees. This species is
explicitly protected by Sections 9700 -9708 of the AMC regarding Oak Tree
Preservation.
4.3.2 Systematic, Incremental Undesirable Tree Removal Program (Proposed
Years of field observation by staff coupled with new information available from the
arboriculture industry indicates that many local tree species that were originally thought
to be preferable are now determined to be undesirable. These species are
operationally and aesthetically incompatible for planting along the public right -of -way
and should be systematically and incrementally phased out of the City's Urban
Forest.
Staff is proposing a systematic, incremental removal program for undesirable trees in
Section 4.1 that describes the guideline elements in detail.
4.3.3 Removal of Protected Oak
All Oak species are locally protected either through provisions in the Arcadia Municipal
Code (AMC) or through Conditions, Covenants and Restrictions (CCR's) imposed by
various Homeowner's Associations (HOA's). These trees are prohibited from being
removed without a special permit. The protected species classification applies to all
trees within the City boundaries, despite public or private ownership.
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Section 9, Chapter 7 of the Arcadia Municipal code and under Arcadia City Council
Resolutions 5288 -5290 inclusive, Oak trees and several other species are specifically
separated as being special and unique.
The Arcadia City Council has resolved and codified that oak trees are valuable assets to
the Urban Forest in terms of environmental and aesthetic benefits. There are1,957 Oak
trees in Arcadia, many of which are at least 100 years old.
The AMC effectively prohibits anyone from removing, damaging or encroaching on the
protected zone of an Oak tree without obtaining a permit from the City. Oak trees may
only be removed without a permit under the following conditions:
1. Combine Permit (Section 9701 a) — an Oak tree permit is not required where tree
removal has been specifically approved as part of a development permit (i.e.,
tentative parcel map, conditional use permit, modification, etc.)
2. Emergency (Section 9701 b) — if an Oak tree poses an imminent threat to the
public safety or general welfare.
3. Visual Barriers (Section 9701 c) — the public right -of -way is obstructed or
prevents an adequate line of sight.
4. Public Utility Damage (Section 9701 d) — action may be taken to protect public
utility lines or property.
5. City Property (Section 9701 e) — an Oak tree will cause damage to existing public
improvements or is in an area, which prevents the development of a site for
public improvement.
6. Arcadia Redevelopment Agency (Section 9701 f) — an Oak tree may be removed
if in the opinion of the Executive Director, the tree prevents the development of
the site.
Under normal circumstances, residents may file for a permit with the Development
Services Department to have a living healthy Oak tree removed. If the applicant lives
within one of the four HOA's with tree regulations (Highland Oaks, Santa Anita Village,
Santa Anita Oaks, and Upper Rancho), the resident must submit their tree removal or
encroachment plans to the Architectural Review Board (ARB) of their association, prior
to filing an application with the City. The ARB may choose not to review such a request
by filing a letter, with the Development Services Department.
If the ARB declines to review the application or the applicant lives outside one of the
above mentioned HOA's, it is then the decision of the Planning Commission —
Modification Committee to approve or deny the permit. The applicant may then appeal
to the Planning Commission and/or City Council.
M
4.4 Maintenance of the Urban Forest
This subsection addresses the day -to -day requirements for the care and maintenance
of the Urban Forest. Several pertinent maintenance issues will be discussed and
guidelines and recommendations for routine and emergency maintenance procedures
will also be addressed.
4.4.1 Routine Maintenance
4.4.1.1 Past Maintenance Practices
During the last five (5) years, the PWSD has moved the tree trimming program from
reactive and unmethodical, to a systematic and proactive program. Various trees, often
in random locations throughout the City, were trimmed, or otherwise maintained in
response to individual requests for service. City crews were tasked to trim and maintain
trees in various neighborhoods of the City without the guidance of a systematic trimming
program. While this method was responsive to the immediate needs of individual
residents, it was not efficient or effective in serving the long -term maintenance
requirements of the Urban Forest. The number of trees trimmed, maintained, removed
and planted each year was historically dictated by citizen requests for service rather
than planned operational considerations.
4.4.1.2 Current Practices
Currently, the PWSD follows a systematic multi -year routine maintenance program.
The key elements of this program include:
• Four -year trim cycle based on predetermined geographic maintenance grids
(please refer to Appendix Two for the City's current tree trimming schedule).
• Annual trim cycle for select, fast - growing species in high visibility areas (primarily
Ficus trees in the business districts).
• Use of contract tree trimming services primarily for grid maintenance.
• Use of City crews for service request (750 -1000 requests annually), immediate
response to potential hazards, and non -grid trimming.
• Removal of trees that have been previously identified as clinically dead or that
pose an imminent safety hazard (approximately 100 trees annually).
• Planting of 70 replacement trees.
• Property owner notification of neighborhood trim schedules (usually done by door
hangers through contractor.
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• The current practice by the City does not release the property owner from the
responsibilities to water and maintain trees in the right -of -way.
4.4.2 Emergency Maintenance
The routine program of a four -year tree trimming cycle greatly reduces the need for
emergency trimming or removal. However, when emergencies occur as a result of high
winds, unanticipated structural damage and decay of trees in the right -of -way, the City
is prepared to respond to these types of issues. In nearly all cases of emergency tree
maintenance the City crew is responsible for responding. The contractor's emergency
crews are dispatched from areas outside the City resulting in much slower response
times than City crews. The tree trimming contractor is usually only used in emergency
cases were extremely large trees require removal or during /following significant storms.
Typical emergency maintenance issues include:
• Hanging limbs.
• Structural decay resulting in an imminent safety hazard.
• Severely raised walkways or other public right -of -way creating a safety hazard.
• Storm damage clean up.
4.4.3 Vehicle and Sign /Signal Clearance
Vehicles such as fire engines, ambulances, and street sweepers must be able to quickly
and easily access all areas of the City, especially in the event of an emergency.
Currently, the Arcadia Fire Department's tallest fire suppression vehicle is an aerial
ladder truck with a height of 11 feet. The Fire and Public Works Services Departments
work together to identify specific trees within the City that present a potential hazard and
work to shape the trees to allow for improved access.
4.4.4 Utility Line Interference Mitigation
In certain cases the City does not have full control.over the maintenance practices in the
Urban Forest. Electric and telephone companies are entitled to trim any tree
encroaching on utility lines. Typically, this type of utility line trimming occurs hastily and
with complete disregard for local trimming standards. The standard practice for utility
line mitigation trimming is to simply cut off the top limbs and branches of a tree that is
interfering with a utility line without shaping or pruning the rest of the tree. This practice,
referred to as "topping ", is extremely detrimental to the growth pattern of the tree and is
aesthetically incompatible with local trimming standards. Over the years, this has
resulted in many severely damaged trees located under these lines.
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The utility company's line clearing /tree trimming program is very expensive and labor
intensive. The key elements of the tree trimming program that the City should seek to
develop are:
• Build a sustainable partnership with the various utilities to share the cost of
removing and replacing trees encroaching on utility lines.
• Focus on the removal and replacement of trees in certain areas that have been
severely damaged by "topping ".
• Prohibit the future planting of inappropriate species under utility lines.
4.4.5 Tree Trimming Methods and Techn
Destructive trimming practices such as "topping" are a major concern for the City. This
method is harmful for trees and results in stunted and uneven growth. It also makes the
tree more susceptible to damage during storms because it becomes structurally
unstable, resulting in a potential safety hazard, as well as degrading established
neighborhood aesthetics.
The current tree trimming guideline prohibits the practice of "topping" by City crews or
City contractors. However, in addition to the utility companies trimming practices, the
City has experienced a significant problem with property owners or local property
management firms and private businesses also engaging in illicit and improper trimming
of trees in the right -of -way. Staff believes this is occurring because the City is creating
a "canopy" effect for the business districts with the Ficus trees, instead of hedge
trimming them into the shape of a "lollipop ". The City does understand that all of the
signs in these areas may not be completely visible during this period, but has made
every effort to thin the Ficus trees, improving the storefront visibility, without disfiguring
the tree.
The City sought and received civil damages for trees in the right -of -way that were
improperly trimmed by the property owner or private tree trimming contractors that were
hired without consulting the City. The City has notified all local businesses that have
trees in proximity to their property that it is illegal for them to trim the trees without
securing authorization from the Public Works Services Department.
The American National Standards Institute outlines the general standards and
guidelines for tree trimming methods and techniques used by the City and its
contractor(s) for tree care operations (Appendix Nine).
4.4.6 Pruning of Trees in the Right -of -Way in the Business Districts
Trees (FICUS, SYCAMORE, etc.) located in front of businesses shall be trimmed in a
manner to allow the structure of the tree to develop a canopy above existing buildings
21
and signs. The owners of the adjacent properties shall not cut any part of the tree
without written permission from the Public Works Services Director or his designee.
4.5 Tree Waste Disposal and Recycling
The City's tree trimming contractor is required to assume responsibility for diverting any
green and wood waste that is generated from trimming or removing trees in Arcadia to a
recycling facility. This requirement is pursuant to the California Integrated Waste
Management Act of 1989 (AB 939), mandating the City to divert 50% of its generated
waste by the year 2000.
The City's tree trimming contractor is required to provide detailed reports to the City
outlining the amount of green waste they are composting, mulching or otherwise
diverting away from landfills. City records indicate that in 1999, over 590 tons of
materials were recycled. This equates to about 80% of all tree trimming material that
was generated.
4.6 Information Management
An integral component of a multi -year Urban Forest Master Plan is to develop a
comprehensive inventory of the tree stock in the City of Arcadia. The inventory is stored
in a conventional database that includes the following basic data; number of trees in the
right -of -way, species, geographic location, size, approximate age, date of the most
recent trimming or maintenance, tree vacancies and general condition of the tree (i.e.,
excellent, good, fair, poor). The City's current tree trimming contractor, has conducted
this inventory and provided it to the PWSD.
22
An important secondary component of the Urban Forest Master Plan is a concerted
public education effort. The Urban Forest public information will incorporate a variety of
media including special event, print media, publications, public notifications /service
announcements, and internet website information. This Section is intended to provide
an outline of the key elements of an Urban Forest Public Education Program as a tool to
reach out to Arcadia residents and businesses to encourage their assistance in the care
and maintenance of the Urban Forest.
5.1 Current Activities
The City is currently involved in the following public education programs to actively
promote and enhance the City's Urban Forest:
1. Arbor Day Activities — The Arbor Day Foundation has named Arcadia Tree City
USA. One requirement of this award is that the City sponsor an Arbor Day. This
event is jointly sponsored by the City and the Arcadia Unified School District. Over
the last six (6) years, this event has been held at various local schools and other
public facilities. The culmination of each event is the planting of a new tree at the
host school.
2. Annual Holiday Tree Recycling Program — Each year the City, in cooperation with
its residential waste hauler and the Sanitation District of Los Angeles County,
provides free collection and recycling of holiday trees from residential
neighborhoods.
I Master Composter Program — The Los Angeles County Department of Public
Works in Cooperation with the Los Angeles County Arboretum, provides periodic
composting workshops with basic information on lawn and tree care for area
residents.
4. Compost Bin Purchase Program — The City of Arcadia Public Works Services
Department offers reduced price compost bins to local residents. Residents may
call the PWSD to make arrangements for pick -up.
5. Tree Trimming Door Hangers — The City's tree trimming contractor places door
hangers in residential properties informing them of when trees will be trimmed in
their neighborhood. The hangers provide a phone number than can be called to
receive additional information regarding tree care and maintenance (Appendix
Three).
23
5.2 Propose Public Information Activities
1. Notification to Local Business Districts The Public Works Services Department
has a message for local business districts regarding City policies related to
maintenance and trimming of trees in the right -of -way.
2. Print Publications — A series of print publications such as brochures, periodic
newsletter articles and press releases will be developed and distributed by City staff
and its tree trimming contractor.
3. Internet Website — Tree trimming schedules and general information on tree care
and maintenance will be made available on the PWSD website.
4. Grant Funding — Staff will be exploring state and federal grant funding opportunities
for public education efforts related to the Urban Forest.
24
• • N - • R1111HREMNINME on - • • •- •
The City has spent an annual average of $416,000 (for FY 95/96- 99/00) of General
Fund dollars to maintain and improve its Urban Forest and. Annual expenditures for the
existing Urban Forest and Maintenance Program are split into two primary cost centers:
1. Contracted tree trimming services representing approximately $200,000 (48% of the
Trees and Right -of -Way budget)
2. In -house general maintenance and tree trimming services represents approximately
$216,000 (52% of the Trees and Right -of -Way budget).
The Contract Tree Trimming Service portion of the budget is used primarily for:
• Four -year grid trim cycle — this equates to approximately 4,400 trees annually.
• Major tree removal and replacement — approximately 70 trees are removed and 40
trees are replaced annually.
• Service requests — the contractor responds to roughly 75 service requests annually.
The in -house Trees and Right -of -Way Unit portion of the budget is used primarily for:
• Minor tree removal and replacement (30 trees annually).
• Tree well maintenance.
• Unscheduled tree trimming.
• Service requests —average of 750 -1000 annually.
• Trees in the right -of -way watering.
• Tree root removal.
• Weed spraying and abatement at public facilities, and right -of -way.
• Right -of -Way and alley clean -up /brush removal.
• Vegetation clearance for right -of -way and sign obstruction.
• Periodic assistance of other street maintenance crews.
25
6.1 Budget Issues for Consideration
The City's current priorities regarding the Urban Forest are centered around a rigorous
and systematic maintenance schedule. The majority of the trees are scheduled to be
trimmed at least once every four years. However in some instances, depending on the
desired appearance, trees that are fast growing (such as Ficus trees) may require
trimming as frequently as twice a year. The systematic, cyclical trimming schedule
carried out primarily by the City's trimming contractor is combined with the work of City
crews that will respond to service requests and perform daily upkeep of public property.
The daily upkeep of private property within the right -of -way is the responsibility of the
property owner pursuant to the Arcadia Municipal Code. This maintenance based
program is extremely effective in ensuring that the existing Urban Forest stock remains
relatively healthy, prosperous and aesthetically appealing. However, to achieve an
optimal Urban Forest Program in the City of Arcadia, staff recommends continuing the
additional aspects that are discussed below.
Expanding Tree Stock
The current program does not place emphasis on increasing the local tree stock by
populating areas of the City that are barren of tree stock. In arborist's terms, these
barren areas are referred to as "vacancies ". A "vacancy" is an area of the right -of -way
where a tree belongs, but does not exist. City staff and the tree trimming contractor,
have developed detailed criteria of what constitutes a vacancy based on the
composition of numerous Urban Forest's located throughout Southern California. The
criteria is based primarily on established spacing from other trees and local monuments
such as fire hydrants, street light standards, utility lines, curbs, sidewalks, driveway
approaches and the right -of -way. As mentioned in Section 3.1, a significant amount of
the Urban Forest stock is reaching its average life expectancy and will soon be finalizing
its life cycle. In light of this fact, the current tree replacement program, roughly 70 trees
a year, is not sufficient to sustain the existing tree stock, much less expand the stock to
fill identified vacancies.
Removal /Replacement of Undesired Trees in the Right -of -Way
Another issue that is not emphasized in the current program is the systematic
removal /replacement of undesirable tree species. These types of trees effectively serve
as a nuisance rather than an asset to the community. Undesirable trees frequently
require additional maintenance and are incompatible with the aesthetic character of the
community.
26
4
This Urban Forest Master Plan (UFMP) has been prepared to serve as a guideline to
assist the City Council and the staff in planning and implementing a long -term
management and care program for all trees in the right -of -way. The UFMP is a
comprehensive strategy to assist the City in the integration and standardization of all
aspects of tree infrastructure maintenance. This approach to tree maintenance and
infrastructure needs will allow for continuity, consistency, and equity with regard to
planning, budgeting, and day -to -day tree related issues.
The City of Arcadia's Urban Forest consists of over 17,800 trees in the right -of -way.
The tree population is extremely diverse consisting of over 50 different species. Trees
soften the hard lines of the urban infrastructure and are an integral part of our
community's aesthetic appeal.
The existing tree program is proactive and provides excellent care and maintenance of
the Urban Forest. However, there are a number of concerns about the aging and
deterioration of large majestic trees, undesirable trees and root damage to hardscape,
and tree vacancies. To address these issues, staff recommends the implementation of
a 20 -year program that would remove and replace aging and undesirable trees and add
new trees in the - right -of -way. Staff recently completed a tree inventory of all trees in
the right -of -way; this inventory identified 5,055 trees that should be scheduled for
replacement and 4,400 locations that are missing trees in the right -of -way. The addition
of new trees and replacement of undesirable trees is estimated at approximately $4.4
million. To accomplish this large task, staff recommends replacing 250 trees identified
for removal in addition to planting 220 trees each year as part of the normal annual
maintenance program. The annual cost for a 20 -year program is approximately
$220,000.
Staff also recognizes that not all 4,400 locations that were identified as missing a tree
will require the planting of a new tree. Staff will continue to recommend the planting of
an additional 220 trees each year until no longer needed. The previously appropriated
funds for new trees at that time would be diverted to the removal and replacement of
undesirable trees.
This program will mitigate public safety hazards, through a proactive and predictive
approach to the replacement of older trees, improve aesthetics, minimize long -term
liability and facilitate the long -term sustainability of a vibrant Urban Forest in the City of
Arcadia.
27
RESOLUTION NO. 6618
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, ADOPTING A REVISED CITY OF
ARCADIA URBAN FOREST MASTER PLAN
WHEREAS, on February 19, 2002, the City Council of the City of Arcadia
adopted Ordinance No. 2153 pertaining to the City's Comprehensive Tree
Management Program; and
WHEREAS, the Ordinance provides that the City Council shall adopt by
resolution a Street Tree Master Plan, and may amend it by resolution from time -to-
time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby adopts the revised City of
Arcadia Urban Forest Master Plan as attached hereto as Exhibit "A ".
SECTION 2. The City Clerk shall certify to the adoption of this
Resolution.
[SIGNATURES ON NEXT PAGE]
Passed approved and adopted this day of 2008.
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
,' 4 p u A R 9
1
Com�aairy °' STAFF REPORT
Police Department
DATE: May 20, 2008
TO: Mayor and Members of the City Council
FROM: Robert P. Sanderson, Chief o oli�
By: Brian Ortiz, Sergea
Nancy Chik, Manag en aly,
SUBJECT:
Recommendation: Introduce
SUMMARY
The Police Department requests amendment to sections 3901, 3906, 3906.1., and 3907
of Article III, Chapter 9 of the Arcadia Municipal Code concerning false security alarms.
These amendments will clarify who is responsible for alarm activations, establish an
annual (365 days) permit fee to operate an alarm in the City, and will hold any alarm
company that services a non - permitted or ordered disconnected alarm liable for a
misdemeanor charge. These amendments will also change the grace period of allowable
alarms and make false "panic" alarms chargeable activations.
BACKGROUND
The Arcadia Police Department responded to more than 2,700 alarm activations during
2007, 97% (2,619) of which were false. Each burglary and robbery alarm is a high
priority incident requiring immediate deployment of at least two patrol officers. These
false alarms negatively influence the overall safety of the community by diverting
officers from actual emergencies and other legitimate calls for service and patrol
activities.
The City has an ordinance dealing with security alarm systems, the required permits, a
process for assessing penalties for nuisance locations, and criminal prosecution if
necessary. Residences and businesses
burglaries are allowed 3 false alarms over
with no penalty assessment. The fourth a
can be assessed a penalty that increases
with a security system used for deterring
a 365 -day period, starting with the first alarm
an
subsequent alarms in the 365 -day period
with each false alarm. In November 2005,
the City Council adopted a resolution to establish a fee for excessive false alarms and
set the current grace period for false alarms.
DISCUSSION
In reviewing the ordinance pertaining to false alarm fees and processing, it is apparent that
the fees charged for false alarm responses are too low and the false alarm activations are
still too excessive. Some repeat offenders have as many as 19 violations in a 365 -day
period, while the average repeat offender (with 4 or more) averages 6 to 7 false alarm
activations.
It also appears that the City is allowing too many "grace period" alarms as many repeat
warning letters are sent out annually, and the wasted police response to three alarms
before any action is taken has become a drain on Department resources. An average of
15 warning letters are sent out per month," indicating that officers have already responded
to the same location 3 times for false alarm activations. Officers currently respond to
about seven false alarm calls each day, spend over half an hour on each call, which
equates to almost four hours of wasted time.
The City does not currently charge an assessment for false "panic" alarm activation, even
though the response from the Police Department is the same as that of a robbery alarm,
for which there is a charge. It is also clear that an annual alarm registration fee would help
keep owner registration information current and assist with the tracking of serviced alarms
in the City.
The City should be able to recoup reasonable fees for services and to encourage
residents and business owners to properly maintain their alarm systems. Because fee
assessments may be periodically be reviewed and adjusted by resolution of the City
Council, it is recommended that the fees be increased at this time. It is also recommended
that a registration fee be charged annually and that the grace period be reduced to limit
the number of false security alarm responses by the Police Department.
The proposed amendments will read as follows:
"3901. DEFINITIONS
E. "Security alarm user" is any person using a security alarm system at
his /her residence or place of business. This includes any person
inside the residence or business with permission."
"3906. APPROVAL OF SECURITY ALARM SYSTEMS/
COMPLIANCE WITH STANDARDS
No person shall install any security alarm system without the prior
approval of the City's Business License Officer or his /her designee after
review by the Police and other City Departments as deemed necessary by
the Business License Officer to assure compliance with the Security Alarm
System Standards as established by the City and without first making
payment to the City of Arcadia the established annual (365 days) alarm
permit fee, as set by resolution of the City Council from time to time."
"3906.9. COMPLIANCE WITH REGULATIONS.
Whenever it is determined that a security alarm user has failed to meet
any of the standards of this Chapter or related resolutions or regulations
adopted by the City, the City's Business License Officer is authorized to
direct in writing that the user of that security alarm system disconnect the
system until it is made to comply with said requirements. Failure to
comply with this direction shall constitute a misdemeanor. Any alarm
company that continues to report the activation of an ordered
disconnected alarm to the Police Department shall be in violation as well,
and any such violation shall constitute a misdemeanor. It shall be a
violation of this Code for any alarm company any alarm company to report
activation from an unpermitted alarm in the City, and any such violation
shall constitute a misdemeanor."
"3907. FALSE ALARM COST ASSESSMENT/GRACE PERIOD.
Any person or business having a security alarm system which results in an
Arcadia Police Department response in which the security alarm proves to
be a false security alarm activation, shall pay a cost assessment fee to the
City of Arcadia as established from time to time by resolution of the City
Council. There will be no penalty assessment for any false security alarms
that occur within thirty (30) calendar days of the initial completed
installation of a new security alarm system. A false security alarm cost
assessment shall be paid to the City after three (3) false security alarms
have been received from any one (1) source from any one (1) security
alarm system, in accordance with the following schedule:
A. The first (1 and second (2 false security alarm in any consecutive
three hundred and sixty -five (365) day period will incur no cost
assessment.
B. For the third (3' false security alarm in any consecutive three hundred
and sixty -five (365) day period, there will be a cost assessment as set
forth by resolution of the City Council.
C. For the fourth (4' false security alarm in any three hundred and sixty -
five (365) day period, there will be a higher cost assessment than the
third false alarm assessment as set forth by resolution of the City
Council.
D. For the fifth (5 and subsequent false security alarms in any three
hundred and sixty -five (365) day period, there will be a higher cost
assessment than the fourth false alarm assessment, as set forth by
resolution by the City Council.
E. Notwithstanding any provisions herein to the contrary, for each false
security alarm which specifically signals a robbery or panic alarm,
regardless of any other crime, there shall be a cost assessment as set
forth by resolution of the City Council, commencing with the second
false security alarm in any consecutive three hundred and sixty -five
(365) day period. After one (1) "robbery" or "panic" false security
alarm, the City shall issue a warning notice to the security alarm user.
As set forth by Penal Code Section 211, "robbery" means the felonious
taking of personal property in the possession of another, from his
person or immediate presence, and against his will, by means of force
or fear.
The purpose of this Section 3907 is, in part, to assure that
assessments shall apply to any person or business whose security
alarm system results in at least three (3) false security or two (2)
robbery/panic alarms within any consecutive three hundred and sixty -
five (365) day period. Any false security alarm within any three
hundred and sixty-five (365) day period shall be counted as part of the
calculation of cost assessments set forth by Resolution of the City
Council. Accordingly, a person cannot be cleared of any false security
alarms in this determination, unless that person's security alarm
system does not register any false security alarms for at least three
hundred and sixty -five (365) consecutive days."
FISCAL IMPACT
The Department intends to contract with an outside vendor to administer and handle all
billing services for false alarm violations. With the new false alarm fees and grace
period changes to be established by Resolution and the cost of a new outside vendor,
the City anticipates an annual revenue increase of $125,000 and a reduction in Police
Department responses to false alarms.
RECOMMENDATION
Introduce Ordinance No. 2243 amending various sections of Article III, Chapter 9 of
the Arcadia Municipal Code Concerning False Security Alarms.
Approved:
.JDU11 P a.�
Don Penman, City Manager
i
ORDINANCE NO. 2243
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA, AMENDING
VARIOUS SECTIONS OF ARTICLE III, CHAPTER 9
OF THE ARCADIA MUNICIPAL CODE
CONCERNING FALSE SECURITY ALARMS
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Sections 3901 subsection E, 3906, 3906.1 and 3907 of
Chapter 9 of Article III of the Arcadia Municipal Code are hereby amended in their
entirety to read as follows:
"3901 (E). "Security alarm user" is any person using a security alarm
system at his/her residence or place of business. This includes any person inside
the residence or business with permission.
3906. APPROVAL OF SECURITY ALARM
SYSTEMS /COMPLIANCE WITH STANDARDS.
No person shall install any security alarm system without the prior approval
of the City's Business License Officer of his/her designee after review by the
police and other city departments as deemed necessary by the Business License
Officer to assure compliance with the security alarm system standards as
established by the City and without first making payment to the City of the
1
established annual (365 days) alarm permit fee, as set by resolution of the City
Council from time to time.
3906.1. COMPLIANCE WITH REGULATIONS.
Whenever it is determined that a security alarm user has failed to meet any
of the standards of this Chapter or related resolutions or regulations adopted by the
City, the City's Business License Officer is authorized to direct in writing that the
user of that security alarm system disconnect the system until it is made to comply
with said requirements. Failure to comply with this direction shall constitute a
misdemeanor. Any alarm company that continues to report the activation of an
ordered disconnected or unpermitted alarm to the Police Department shall be in
violation as well, and any such violation shall constitute a misdemeanor. It shall
be a violation of this Code for any alarm company to report activation from an
unpermitted alarm in the city, and any such violation shall constitute a
misdemeanor.
3907. FALSE SECURITY ALARM COST ASSESSMENT /GRACE
PERIOD. Any person or business having a security alarm system which results in
an Arcadia Police Department response in which the security alarm proves to be a
false security alarm, shall pay a cost assessment fee to the City of Arcadia as
established from time to time by resolution of the City Council. There will be no
penalty assessment for any false security alarms that occur within thirty (30)
0A
calendar days of the initial completed installation of a new security alarm system.
A false security alarm cost assessment shall be paid to the City after three (3) false
security alarms have been received from any one (1) source from any one (1)
security alarm system, in accordance with the following schedule:
A. The first (1st) and second (2 d ) false security alarms in any consecutive
three hundred sixty-five (365) day period will incur no cost assessment.
B. For the third (3` false security alarm in any consecutive three
hundred sixty-five (3 65) day period, there will be a cost assessment as set forth by
resolution of the City Council.
C. For the fourth (0) false security alarms in any consecutive three
hundred sixty-five (365) day period, there will be a higher cost assessment than the
third false alarm assessment, as set forth by resolution of the City Council.
D. For the fifth (5` and all subsequent false security alarms in any
consecutive three hundred sixty-five (365) day period, there will be a higher cost
assessment than the fourth false alarm assessment, as set forth by resolution of the
City Council.
E. Notwithstanding any provisions herein to the contrary, for each false
security alarm which specifically signals a robbery or panic alarm regardless of
any other crime, there shall be a cost assessment as set forth by resolution of the
City Council, commencing with the second (2 d ) false security alarm in any
3
consecutive three hundred sixty -five (365) day period. After one (1) "robbery" or
"panic" false security alarm, the City shall issue a warning notice to the security
alarm user. As set forth in Penal Code Section 211, "robbery" means the felonious
taking of personal property in the possession of another, from his person or
immediate presence, and against his will, by means of force or fear.
The purpose of Section 3907 is, in part, to assure that assessment shall apply
to any person or business whose security alarm system results in at least three (3)
false security alarms or two (2) robbery or panic alarms within any consecutive
three hundred sixty-five (365) day period. Any false security alarm within any
three hundred sixty-five (365) day period shall be counted as part of the calculation
of cost assessments set forth by Resolution of the City Council. Accordingly, a
person cannot be cleared of any false security alarms in this determination, unless
that person's security alarm system does not register any false security alarms for
at least three hundred sixty -five days (365) consecutive days."
SECTION 2. The City Clerk shall certify the adoption of this
Ordinance and shall cause a copy of the same to be published in the official
newspaper of the City of Arcadia within fifteen (15) days after its adoption. This
Ordinance shall take effect on the thirty-first (31 day following its adoption.
[SIGNATURES ON NEXT PAGE]
4
t
Passed, approved and adopted this day of
11:
Mayor of the City of Arcadia
ATTEST:
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
5
tm."
DATE: May 20, 2008
STAFF REPORT
Public Works Services Department
TO: Mayor and City Council
FROM: Pat Malloy, Assistant City Manager /Public Works Services Direct r I
Prepared by: Tom Tait, Deputy Public Works Services Director
Maria P. Aquino, Management Analyst
SUBJECT:
SUMMARY
On March 4, 2008, City Council initiated the proceedings for the formation of the
Citywide Street Lighting Assessment District and approved the Engineer's Report. At
this meeting, the City Council directed staff to ensure that the costs for street lighting be
distributed the same as it is currently being distributed: 60% City and 40% Property
Owners. Due to a short period of time to meet with the community, staff is proposing to
reschedule the public hearing from July to November 2008. This additional time will be
used to improve our public outreach efforts to the community on the Citywide Street
Lighting Assessment District. Should the City Council extend the process, the Public
Hearing scheduled for July 15, 2008 will be rescheduled for the last City Council
meeting in October or the first meeting in November 2008.
Staff is recommending that the City Council extend the public outreach efforts and move
the balloting process to the Fall of 2008 for the formation of the Citywide Street lighting
Assessment District.
DISCUSSION
During the early 1970s, under the Street Lighting Act of 1919, the City's existing street
lighting zones were consolidated into one district. However, this consolidation did not
address the inequity of assessments within the City. In addition, the sunset date for the
existing assessment district is June 30, 2010, for which the City will be responsible for
paying the entire street lighting cost after this date.
Page 1 of 2
Recommendation: Approve
Mayor and City Council
May 20, 2008
With over 16,000 parcels to be assessed, it is important that staff provide extensive
public outreach efforts explaining to property owners the need for street lighting
assessments. Originally, the intent of this process was to have it completed and ready
for next year's tax assessment levied by the County of Los Angeles. To meet the
August deadline for next year's assessment, the process was condensed into a very
short window of time. Since this year's assessment will not have a significant impact on
the condition of the General Fund Balance, staff feels that it would benefit community
property owners if the process was extended several months to allow staff more time to
communicate the details of the assessment district. Although an informational meeting
has already been scheduled for May 22, 2008 for approximately 3,000 condominiums,
staff is recommending that the City Council extend assessment formation process from
July 15 to the Fall of 2008. The May 22, 2008 meeting will be held as scheduled. This
will give staff more time to extend its public outreach efforts to the property owners.
RECOMMENDATION
Approve to extend the public outreach efforts and move the balloting
process to this fall for the Citywide Street Lighting Assessment process.
Approved by: aaT t p`^�
Donald Penman, City Manager
PM:MA:ma
Page 2 of 2
U y
r
STAFF REPORT
Public Works Services Department
DATE: May 20, 2008
TO: Mayor and City Council
FROM: Pat Malloy, Assistant City Manager /Public Works Services Director f
Prepared by: Lubomir Tomaier, Principal Civil Engineer
Ken Herman, Associate Civil Engineer
SUBJECT:
SUMMARY
The 2001 Water Master Plan recommended the construction of several new domestic
water wells in the upper water zones to replace existing wells that are reaching the end
of their productive life and to meet the growing demand for water in the City. The 2004-
2005 Capital Improvement Program provided for the design and construction of a new
well. After careful consideration of several possible well locations and the efficient use
of current pumping rights in the three Groundwater Basins, staff concluded that the best
location for the new well is in Zone 2 of the West Raymond Basin. The southwest
corner of Colorado Street and Baldwin Avenue was chosen as the location of the new
well.
On April 29, 2008, sealed bids were opened for the Construction of the Colorado Well
Wellhead Facilities. Eight (8) bids were received. Staff has reviewed the lowest bid,
which was submitted by Environmental Construction, Inc., and has found the bid to be
satisfactory. Staff recommends that the City Council authorize the City Manager to
enter into a contract with Environmental Construction, Inc. for the construction of
wellhead facilities to equip Colorado Well in the amount of $595,172 and appropriate
$235,000 from the Water Fund to the project account.
Page 1 of 3
Recommendation: Approve
1
Mayor and City Council
May 20, 2008
DISCUSSION
The City of Arcadia, during normal operation, relies entirely on groundwater pumped
from local wells to meet the water system demands. The City presently operates 13
wells that supply water to seven primary pressure zones. The source of water for these
wells is from three (3) groundwater basins, which lie beneath the City. The Main San
Gabriel Groundwater Basin, lying in the southeastern portion of the City has a stable,
sufficient supply of water and accounts for approximately 73% of the water pumped into
the City's water distribution system. The East Raymond Basin, located in the north
portion of the City, and the West Raymond Basin, located in the west portion of the City,
supply the balance of the City's water needs. All of the wells in the Raymond Basin
have experienced lower production rates due to the low groundwater levels in that
basin. Additionally, the Hugo Reid well, located in the West Raymond Basin has been
placed out of service due to nitrate levels above the maximum allowable limit. The
Colorado Well is intended to add an additional source of supply from the Raymond
Basin.
Construction of Colorado Well was originally budgeted in the FY 2004 -05 Capital
Improvement Plan Budget. The project did not begin until October 2006 when the final
location was determined. The location of the well did not allow the existing storm drains
near the location to be used for the drainage pipe of the well as had been originally
planned. Because of this problem, a new drain pipe connecting to the Arcadia Wash
had to be constructed for carry well discharge water during start-up from the well site.
The new drain pipe runs through the Arboretum, which will allow the Arboretum to use
the drainage water if desired. The cost of installing the drain pipe and the inflation of
construction costs since 2004 -05 have increased the cost of the project by $235,000.
The construction of a well typically consists of the two phases. The first phase is the
construction of the well, which includes the drilling of the well, the placement of the
casing and gravel pack, and development, which is the cleaning process of the well.
This phase was completed in April 2007. The second phase is the construction of the
wellhead, which includes construction of the facility surrounding the well, the installation
of the pump, the electrical and instrumentation equipment, and the piping that connects
the well to the distribution system.
Notices Inviting Bids for this project were published in the adjudicated paper and trade
journals. Nine (9) firms with the required Class A license attended the recommended
pre -bid conference and eight (8) firms submitted bids. As advertised, the City Clerk
publicly.opened the sealed bids with the following results:
RANK
FIRM
PRICE
1
Environmental Construction, Inc.
$595,172
2
So Cal Pacific Construction Co.
$603,000
3
MMC, Inc
$626,500
4
Bakersfield Well and Pump Co.
$686,686
Page 2 of 3
Mayor and City Council
May 20, 2008
5 Tennyson Pipeline Co. $692,000
6 Caliagua, Inc. $696,219
7 Cora Construction, Inc. $704,500
8 Pacific Hydrotech Corporation $749,750
(Engineer's estimate: $615, 000)
Staff has reviewed the bid documents submitted by the lowest responsible bidder for
content and investigated the contractor's background and recent projects for
competency. Staff has concluded that Environmental Construction, Inc. is the lowest
responsible bidder submitting a responsive bid. Staff recommends that the City Council
award a contract to Environmental Construction, Inc. for the construction of the
Colorado Well Wellhead Facilities in the amount of $595,172.
ENVIRONMENTAL IMPACT:
Pursuant to the provisions of the California Environmental Quality Act (CEQA), an Initial
Study was prepared for the proposed project and a Mitigated Negative Declaration was
approved by the City Council on October 3, 2006.
FISCAL IMPACT:
Water Funds in the amount of $1,500,000 are budgeted in the 2004 -2005 Capital
Improvement Program for the design and construction of the new well. Approximately
$1,074,000 has been spent to date for the design and drilling of the well and
construction of the drainage discharge pipe through the Arboretum to Arcadia Wash. It
is estimated that $661,000 will be required to complete the construction and inspection
of the well. Therefore staff requests $235,000 be appropriated from the Water Fund for
the completion of this project. There are sufficient funds in the Water Fund for the
appropriation.
RECOMMENDATIONS:
1. Award a contract in the amount of $595,172 to Environmental Construction,
Inc. for the Construction of the Colorado Well Wellhead Facilities.
2. Authorize the City Manager and City Clerk to execute a contract in a form
approved by the City Attorney.
3. Appropriate $235,000 from the Water Fund to the project account.
Approved:
PM:LT:KH
Donald Penman, City Manager
Page 3 of 3
Main Concern — Security
We did not want to get very specific in front of a television camera which could
be viewed by any type of person watching the broadcast.
Anyone can now drive by and case our homes.
Traffic jams at the busy time of the day or due to race track traffic allow people to
basically park outside of our homes and view our homes and the activity around
our homes.
This results in an increased chance of a robbery/attack on any of us, but especially
for the women who live on the street. This also includes the numerous transients
that now pass down our street. Prior to the removal of the bushes, most transients
used to stay outside the bushes on the busy side of the street. This not the case any
longer because they see our street and walk in front of our curbs because it offers
them some shade.
Thank you:
Colorado Street residents
REVENUE /EXPENDITURE OPTIONS FOR FY 2008 -2009 BUDGET
Freeze six (6) Police Officer positions. This would include two (2) overfill positions that
were authorized two years ago and have never been filled. As part of this the Police
Department would like to upgrade one Sergeant to Lieutenant and one Officer to
Sergeant
Net Savings: $545,000
• Reduce Library supplies and materials budget to the 2007 -2008 level, so no inflationary
increase granted
Savings: $14,000
• Eliminate budget for the July 4' celebration; use existing trust fund of $49,000 and seek
sponsorships
Savings: $25,000
• Eliminate two Interns in the Development Services Department
Savings: $24,000
• Eliminate Employee Extra Mile and Block program
Savings: $5,000
• Eliminate fiber optic project to the Public Works Services Center; cut $72,000 but add in
$25,000 for T1 lines
Savings: $47,000
• Reduce contract services in the General City budget for cable TV consultant work
Savings: $10,000
TOTAL POSSIBLE SAVINGS $670,000
Other Options
• Eliminate the coyote management program
Savings: $30,000
• Eliminate the Apache Pit and other related expenses at the high school such as
maintaining school library hours after school; Recreation staffing at the high school;
providing ' / 2 of the cost for counseling services; keeping snack bar open after school
Savings: $61,000
Possible Revenue Increases
• Alarm monitoring fee
Increase: $125,000
• School District reimbursement for Police Officer on the high school campus
Increase: $50,000
• School District reimbursement for Recreation Supervisor
Increase: $32,000