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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 t `i 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 Q 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 r� m Lisa Mussenden, Chief Deputy City Clerk/ Records Manager It 05 -06 -2008 i+M A 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 w .at M X K 00 G a_ C. ti �3 0 w n N 0 0 4 It z CD F a_ a C 7 N w CD N 0 0 rn J SANTA ANNTA AVE SANTA AANTA AVE rn 0 0 s c a G r rn 0 r. 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." 1 r ,# 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 JK:PW:pa 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 Enclosure: Location Map 1 i� U AVE f A { AVE DE I�rv2A ll,, CO Rlp W LIAC 0 y O _ W P I J O R DJ DR 0Y i Q RD p - F R A O REID / E D KING DR D.ea � 0 vl croRlA e m p P VESMEL➢ SHOPPING M ALO O N A ALTO CT W BOA - BALBCA %� Q 0 , �� 2 CO DO �� D E SIDE W D z U j O HUNT DRI HU NTINGTON PAVEM T� IEW KO ATI N B�Y _ AVE Z FAIRVIEW I I AVE Q J ARCADIA - AVE L ARCA�_ O D O Z N AVE W ---"' OUARTE RD dio Q ClARtr1L__. Q 2 R pY S � ARO i _ v f VE pPLE m O C1. -. C CITY OF ARCADIA WB HUNTINGTON DRIVE STREET REHABILITATION AND SIDWALK GAP ..,, CLOSURE oc EewPNENT SERVICES OEPT. 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. 5 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 7 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 I 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. 0 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. 10 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 11 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 12 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 13 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. 14 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. 15 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. 16 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. 17 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. 19 • 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. 20 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