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HomeMy WebLinkAboutAugust 5, 2008CITY OF ARCADIA E FA °og c dx G CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING TUESDAY, AUGUST 5, 2008 AGENDA 7:00 p.m. Location: City Council Chamber, 240 W. Huntington Drive CALL TO ORDER INVOCATION Reverend Brenda Simonds, Arcadia Methodist Hospital Chaplain PLEDGE OF ALLEGIANCE Robert Sanderson, Arcadia Police Chief ROLL CALL OF CITY COUNCIL /REDEVELOPMENT 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 SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide e✓idence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. CITY COUNCIL ITEMS: a. uny services. Recommended Action: Adopt 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, Califomia, during normal business hours. 7 PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council /Redevelopment Agency during the Public Comments period is asked to complete a "Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the 7:00 p.m. Open Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council /Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK 2. CITY CLERK'S REPORTS a. Appointments to the Historical Museum Commission Recommended Action: Make Appointments 3. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on 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. Approve the Regular Meeting Minutes of July 15, 2008. Recommended Action: Approve CITY COUNCIL ITEMS: b.. Approve the Regular Meeting Minutes of July 15 2008 Recommended Action: Approve C. Accept all work performed by American Asohalt South. Inc. for the 2007 -2008 Annual Slurry Seal Proiect as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve 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. Recommended Action: Adopt Recommended Action: Adopt e. a h. 4. CITY a. b. C. the Sidewalk Gar) Closure Proiect as comDlete and authorize the final bavment to be made in accordance with the contract documents. Recommended Action: Approve Authorize the City Manager to execute a one (1) year contract extension w with CLS Landscape Management, Inc. for tree trimming maintenance services i in the amount of $309.000. Recommended Action: Approve Award a purchase order to Clippinger Fleet Sales for the purchase o of one (1) Chevrolet Tahoe for the Police Department in the amount of $36.600. Recommended Action: Approve Waive the formal bid process and approve the purchase and installation o of four Automated License Plate Recognition Systems into Patrol Vehicles ( (from PIPS Technology. Inc. in the amount of $142,827.33 by utilizing Asset S Seizure Forfeiture Funds. Recommended Action: Approve Authorize the City Manager to execute a Professional Services Agreement w with MEA Forensic Engineers & Scientists for Design Engineering Services i in the amount of $54.800 and authorize a ten (10 %) percent contingericv s should additional service be necessary. Recommended Action: Approve Recommended Action: removal of trash receptacles from streets. Recommended Action: Introduce Recommended Action: Concur with Planning Commission Action ADJOURNMENT The City Council /Redevelopment Agency will adjourn this meeting to Tuesday 5:00 p.m. in the City Council Chamber Conference Room located at 240 W. Arcadia. Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related or accommodation in order to participate in a meeting, including auxiliary aids or services, may n modification or accommodation from the City Clerk at (626) 574 -5455. Notification 48 hours prior to the 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 public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, California, during normal t 19, 2008, :on Drive, such 7 will available for rs hours. a."Sa STAFF REPORT Administrative DATE: August 5, 2008 TO: Mayor and City Council FROM: Hue C. Quach, Administrative Services Director SUBJECT: SUMMARY services charges for City services Recommendation: Adopt On May 20, 2008, the City Council conducted a study session for the FY preliminary budget. At the meeting staff presented a plan of preliminary e and revenue enhancements in an effort to reduce the General Fund's FY budget shortfall. City Council directed staff to prepare a list of potent increases and expenditure cuts for Council's consideration for the June 24, 2 study session. During that study session, City Council approved sever enhancements as recommended by the City Manager. In order for the imp of those recommended fees to be in effect, it is necessary the City Council h hearing, receive testimony and adopt Resolution No. 6636. Staff is recommending that the City Council approve Resolution No. 6636, forth in the attached Exhibit A, establishing various fees and charges for ( effective September 1, 2008. The approval of various fees and charges is generate $511,992.00 that is intended to be use to offset the FY 2008 shortfall. BACKGROUND Department revenue I budget revenue entation a public fees set services ected to I budget At the June 24, 2008 budget study session, staff presented to Council a list of proposed fees as revenue enhancements in part to the overall plan of reducing the General Fund's FY 2008 -2009 budget shortfall. Recommendations for those revenue increases from the City Manager were generally approved by the City Council which successively authorized staff to proceed with the process of implementing those proposed fees. For Council's consideration and approval tonight, staff has prepared and summarized those various fees in the attached Exhibit A. A cost analysis was conducted to determine the actual cost of services for each of the proposed fees. The study ensures that City fees and charges are directly proportionate to the cost of providing the service. These fees are not imposed for general revenue purposes, but instead for recovering cost of providing those special services. The proposed fees also takes into consideration the potential impact to.the end users and is sensitive to the current state of the economy as implementing full revenue increases at this time could create hardship to some in the community. Staff has proposed phasing in these recovery fees as oppose to recommending a full 100% recovery rate. Staff believes the proposed rates are reasonable and prudent in recovering some of those cost to mitigate the FY 2008 -2009 budget shortfall. As Council may recall, at the June 24 meeting, the sum of those recommended revenue enhancement totaled $946,045.00. This report does not include all of those revenue enhancements as some of those fees are presented with special situations that calls for them to be presented in a separate staff report. Listed below are items that are not included in'this report and will be reported to Council at later time: • Police False Alarm - $125,000.00 (this was brought to Council on July 15, 2008) • Reimbursement from Arcadia Unified School District for the Police Officer at the High School campus - $50,000.00 • Leasing city -owned water facilities to Water Fund - $355,000.00 With the exclusion of the three revenue enhancement items above, total projected fee increase discussed in this report and listed in the attached Exhibit A totals $511,992.00. DISCUSSION City Attorney The City Attorney's office has proposed two fees for Council's consideration: Covenants and Agreements for Accessory Buildings: This fee involves preparation, review and approval of covenants and agreements. For this service, staff is requesting to adjust the current fee from $215.00 to $315.00. City Attorney pass through fee: The fee for this service reflects the actual time and cost for any document that as a condition of approval imposed by the City requires City Attorney preparation, review and or approval. This is a new service fee and is currently proposed at a rate of $387.00. Fee Type Current Fee ($) Proposed Fee ($) ($) Covenant and agreements for $215.00 $315.00 accessory buildings $30.00 $40.00 Day Camp and Sports Camp Fees $100.00 City Attorney priva�e law rate City Attorney pass through $0.00 minus a 10% discount. fee (Current proposed rate of $387.00 Recreation and Community Services Recreation and Community Services has requested to modify two existing one new fee. Proposed adjustments on two current service fees are in Swim Class Fee and Day camp and Sports camp fees. Swim class fee has been proposed to be increased from $30.00 to program has only been increased by $4.00 within the last eight ye includes 10 lessons. and add areas of )0. This The fee a Day Camp and Sports Camp Fees current rate is $100.00 /per week. (Staff has proposed a $10.00 increase to the weekly rate which would increase the current rate to $110.00 /per week. These programs operate over the summer months. A new fee that has been proposed is the Class Registration Administration. Currently a similar type of fee is already in place with senior programs that are offered by the City. Staff has proposed to apply this fee uniformly to all recreational programs to help offset related administrative cost in administering those programs. Fee Type Current Fee ($) Proposed Fe ($) Class Registration Administration Fee $0.00 $2.00 Swim Class Fee $30.00 $40.00 Day Camp and Sports Camp Fees $100.00 $110.00 Fire Department The Fire Department is proposing fee revisions on existing fire services that re under the class of California Fire Code Permits. The department provides residents and business owners an array of life safety services for which a fee is charged in order to recover the administrative, overhead, and personnel costs associated with providing each service. These services include the issuance fire code permits, the performance of various construction inspections and fire safety services, the performance of state mandated inspections, and the review of constructions plans to verify compliance with building, fire, and national standards. Due to the extensive list of services under this group, please refer to the Fire Department's fee schedule listed within the attached Exhibit A. In general, staff has proposed fee increases of $10.00 - $20.00 for each service provided. In addition to the proposed fee adjustments, the Fire Department is also requesting approval to establish these new fees: • Title 19 sprinkler system certifications: The department is proposing the collection of a $55.00 fee for every Title 19 sprinkler system certification issued as a cost recovery mechanism. This service is currently provided free of charge. Approximately fifty (50) Title 19 sprinkler system certifications are issued annually. • Annual Fire Inspections: The department conducts annual inspections of businesses and apartment buildings to ensure compliance with mandated fire- related building codes and regulations. Annual inspections also provide an avenue for the City to educate the public on fire and life safety principles. Currently, annual inspections are performed at no charge. Fees for the type of occupancy will vary and is listed in the table below. Fee Type Current Fee ($) Proposed Fee ($) Title 19 Sprinkler System $0.00 $55.00 Certifications Annual Fire Inspections: Apartments $0.00 $75.00 Business Occupancy $0.00 $75.00 Business Restaurant $0.00 $95.00 Occupancy Manufacturing /Industrial $0.00 $75.00 Storage Occupancy Mercantile Occupancy $0.00 $75.00 Commercial Rental $0.00 $95.00 Occupancy Public Works Currently, the City does not charge stormwater inspections fees for projects li acre. However, the contract with the City's NPDES contractor was renewed it 2008 which includes a cost for performing stormwater inspection fee fo regardless of project size. In consideration to the current economic time, proposed fees that are essentially a pass through to cover the consultant's cost and does not include the cost of staffs time in administering this manda fees are necessary to fund the NPDES program in order to maintain compl Federal and State regulations. Listed in the table below are the propose various types of stormwater inspections. ss than 1 February all sites staff has . These nce with fees for Fee Type, Current Fee ($) Proposed Fee ($) Stormwater Inspection Fees: Restaurants $0.00 $105.00 Auto Service Businesses $0.00 $130.00 Industrial Commercial $0.00 $150.00 General Industrial Activities Stormwater Permit (GIASP) Sites $0.00 $300.00 Development Services Department Business License Processing Fee: In September 2003, the Developmentl Services Department recommended adoption of a fee of $25.00 to cover the processin costs of a new Business License. New Business Licenses require approval of Planning, Fire, Redevelopment (when in the Redevelopment area) and in some cases review by Public Works Services to determine compliance with Industrial Wastewater l ischarge requirements. The fee was established to partially recover the cost of the i 'reviewing process conducted by one or more of the departments involved. Staff is recommending adding a $10.00 fee to the current processing rate to apply to new and renewal businesses. This fee is independent of the $25.00 service fee noted above. The recommended $10.00 increase partially recovers the cost of a Business License Officer and an Administrative Assistant who accepts and re iews the application, and generates new licenses as well as processing of renewal , licenses annually. Planning: Under this division, staff is proposing to adjust various planning fees to be more closely in line with market rates and to better recoup the cost of service for projects using those planning services. Due to the extended list of fees in this group, please refer to the Development Services Department proposed fees schedule in the attached Exhibit A: Design Review Fees: Arcadia's single family homes are very large and often there are three to four iterations of design review. Staffs experience over the years has shown that the City is not recouping nearly the cost of work provided in the design review process. Based on the cost analysis, staff proposes increasing the single - family design review fee, multi - family design review fee and commercial projects from $510.00 to $1,225.00. Additionally, staff is also recommending to adjust the different fees charged for "additions and alterations" to one standard fee of $510.00 regardless of the type of project. Staff had surveyed seven other cities and these fees are within the range of what those cities charges. Grading Permit Fee and Grading Plan Review Fee: Historically the City has had a low grading permit fee collecting $50.50 for a typical permit and $50.25 for the grading plan review of that project. Recently, environmental laws related to water quality and drainage has made it essential for the City to review grading plans for nearly all projects. With this mandate in place, it is necessary that a fee can be adopted to lessen the cost in providing such service. Staff has estimated that engineering staff spends an average of 5 hours on grading plan reviews. Of relating to grading permits, efforts between Engineering, Building, and Planning personnel expends an average of 5 hours on the inspections associated with grading permits. Due to the hours associated with these services, staff has proposed the following increases: o Grading Plan Review: Increase from $50.25 to $250.00 o Grading Permit Fee: Increase from $50.50 to $250.00 Environmental Initial Study and Categorical Exemption (CEQA) Fees: Currently, the City does not charge for environmental review of projects. Other cities charge as much as $6,500.00 for an initial study. The majority of cities that were surveyed charged $500.00 - $1,400.00 for this service. Based on Staffs experience it is estimated that the time required for conducting an environmental review for most projects takes approximately 10 hours. Staff has proposed a fee of $500.00 for projects that require CEQA review. Additionally, staff also proposes adding a $50.00 fee for Categorical Exemptions or Negative Declarations. Public Improvement Plan Check: The Public Improvement Plan Check fee is currently in the City's fee schedule but is currently not being administered. This review includes street tree review, street work, parkway improvements, utility connections and other public work associated with a private project. No fee increase has been proposed. Upon approval of the attached resolution and in conjunction with the effective date of fees in the attached Exhibit P�, staff will begin collecting fees when this service is rendered. Library and Museum Services Department The Library and Museum Services Department has proposed increases to s me of the current fees that are use to defray costs associated with overdue materials supplies, and collection cost. In general, increases of $5.00 or $10.00 have been proposed for the following fees: • Maximum fine on overdue materials: Staff has proposed to increase this from $5.00 to $10.00. The increase of maximum fine for each overdue item will help defray the rising costs associated with efforts to recover overdue library materials, including labor, postage and supplies involved in the proces . • Referral fee to collection agency: Staff is recommending an incr ase from $10.00 per item to $15.00 per item. This fee applies to accounts whi h require repeated attempts to have the patron return extremely overdue mat rials. As those attempts become ineffective, the account is sent to a collecti n agency. The increase fee will help offset the associated cost of collection, including labor, -a and supplies. • Auditorium fees: These proposed increases are primarily to help offsel the rising operating cost of maintaining and cleaning of the Auditorium for rental urposes. o Auditorium rental fee: Staff has proposed to increase the rental rate of $70.00 /per hour to $80.00 /per hour with a 2 hour minimum rental time. o Auditorium cleaning fee: Staff has proposed to increase the cl aning fee from $40.00 to $50.00 per use when food is served. When g oups that rent the Auditorium serve food, there are additional costs for cl aning the kitchen, carpet, tables, and chairs. • Inter- Library loan fee: This fee is collected when the Library borro s an item from another library on behalf of a patron. This increase will help defray the rising labor, postage, and supplies associated with the loans. Staff hasl proposed increasing the fee from $2.00 /per item to $3.00 /per item. In addition to adjustments for those fees above, two (2) new fees have been proposed to help mitigate the cost for providing internet computer use and mainte ance and upkeep for the Auditorium piano. • Staff has proposed a $2.00 charge for a pass that would allow two hours of internet access for those users who do not hold a library card. Internet use is free for holders of Arcadia Public Library cards. • Staff proposes a fee of $50.00 for the rental of Library's Bosendorfer piano. This fee would be used to offset the cost of tuning, specialized maintenance, and repairs. FISCAL IMPACT Should Council approve Resolution 6636 establishing various fees for City services as presented, the fiscal impact from the increase in fees is projected to be $511,992.00. RECOMMENDATION It is recommend the City Council adopt: Resolution No. 6636 establishing various fees for City services. Approved by: Don Penman, City Manager RESOLUTION NO. 6636 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING AND OR ADJUSTING FEES AND CHARGES FOR CITY SERVICES WHEREAS, at the May 20, 2008 budget study session, staff plan of preliminary expenditures and revenue enhancements in an effort the General Fund's FY 2008 -2009 budget shortfall; and WHEREAS, the City Council directed staff to prepare a list of revenues and revenue increases for City Council consideration at the June budget study session; and WHEREAS, the City Council generally approved the City recommended revenue enhancements and authorized staff to proceed process of implementing new or increased fees; and WHEREAS, the City Council desires to ensure that the fees City accurately reflect the current costs of providing such special and services, programs or products; and WHEREAS, pursuant to Government Code Section 54994.1, fees to be charged for services must be adopted by resolution of the M reduce new 2008 s the by the specific Council after providing notice and holding a public hearing; and WHEREAS, it would be reasonable and appropriate to adopt a schedule of fees and charges to be paid by those requesting certain City services so that the City might carry into effect its policies. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND SECTION 1. Based on the cost allocation study performed by the Administrative Services Department, the fees set forth in this Resolution are necessary for the purposes set forth in this Resolution. Said fees do not exceed the estimated costs for providing the applicable service or programs; the fees set forth in this Resolution bear a reasonable relationship to the cost of the respective service or program involved; the fees bear a fair and reasonable relationship to the benefit the payer obtains or the burden caused to the City in providing the service or programs; and the fees are not being imposed for general revenue purposes, but instead for full or partial recovery of the cost of providing said services and programs. Said fees are to cover the costs of various services and programs set forth in the Fee Schedule, attached hereto as Exhibit "A ". SECTION 2. The City Council hereby adopts the fees set forth in Exhibit "A" attached hereto. SECTION 3. This Resolution shall become effective upon provided, however, the fees set forth in Exhibit "A" shall take effect on S 1, 2008. SECTION 4. Any fees adopted prior to this Resolution w inconsistent herewith are hereby repealed effective upon the date that the forth in Exhibit "A" take effect. SECTION 5. The City Clerk shall certify the adoption Resolution. Passed, approved and adopted this day of , Mayor of the City of ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney HE fees set of this 3 EXHIBIT A CITY ATTORNEY CURRENT REVENUE TOTAL FEE FEE PROPOSED FEE INCREASE REVENUE DESCRIPTION /JUSTIFICATION Preparation, review and approval of Covenants and Covenants and Agreements for 215 $ 315 $ 1,500 $ 4,725 Agreements Accessory Buildings City Attomey This fee for this service would reflect the actual time Private Law rate and cost for any document that as a condition of City Attorney Pass Through Fee -0- minus a 10% 5,805 5,805 approval imposed by the City requires City Attorney discount (currently preparation, review and or approval. 387 Total 7,305 10,530 EXHIBIT A RECREATION AND COMMUNITY SERVICES CURRENT PROPOSED REVENUE TOTAL FEE FEE FEE INCREASE REVENUE DESCRIPTION /JUSTIFICATION CLASS REGISTRATION This fee would be added to offset administrative costs. Our ADMINISTRATION FEE 0 $2 $10,984 $10,984 senior programs already have this fee associated with their class registration. SWIM CLASS FEE $30 $40 $19,830 $79,320 The program has only had a $4 increase within the last eight years. Fee includes 10 lessons. DAYCAMP AND SPORTS CAMP $100 $110 $12,000 $132,000 This fee would increase $10 per week. These programs FEES operate over the summer months. Total $42,814 $222,304 EXHIBIT A FIRE DEPARTMENT FEE CURRENT FEE PROPOSED FEE ANTICIPATED ANNUAL# REVENUE INCREASE TOTAL REVENUE DESCRIPTION /JUSTIFICATION Revised existing fire service fees $ 27,208 $ 386,227 The department provides residents and business owners an array of life safety services for which a fee is California Fire Code Permits charged in order to recover the administrative, Aerosol Product $ 350 $ 370 $ 40 $ 740 overhead, and personnel costs associated with Asbestos Removal $ 180 $ 200 0 $ $ - providing each service. These services include the Assembly $ 240 $ 260 83 $ 1,660 $ 21,580 issuance of California Fire Code permits, the Auto Wrecking Yard $ 240 $ 260 0 $ - $ _ performance of various construction Inspections and $ 350 $ 370 2 $ 40 $ 740 fire safety services, the performance of State mandated Battery Systems Inspections, and the review of construction plans to Candles/Open Flame in Assembly $ 70 $ 80 16 $ 160 $ 1,280 verify compliance with building, fire, and national Carnivals B Fairs $ 350 $ 370 3 $ 60 $ 1,110 stanrdards. Combustible Fiber Storage $ 240 $ 260 1 $ 20 $ 260 Combusfible Material Storage $ 240 $ 260 2 $ 40 $ 520 These fire service fees need to be revised to reflect Commercial Rubbish $ 350 $ 370 - 0 $ - $ - Increased personnel cost due to the City's latest labor contractual agreements. Based on the annual Compressed Gases $ 295 $ 320 21 $ 525 $ 6,720 anticipated number of provisions for each of the service Covered Mall $ 180 $ 210 6 $ 180 $ 1,260 listed below, It is estimated that this proposal will Cryogens $ 240 $ 260 4 $ 80 $ 1,040 generate $47,761 in potential additional revenue for the Dry Cleaning Plants $ 250 $ 270 9 $ 180 $ 2,430 City every year. Dust Producing Operations $ 240 $ 260 4 $ 80 $ 1,040 ExplosivesBlasting $ 180 $ 210 0 $ $ - Fireworks/Aerial Display $ 570 $ 600 0 $ - $ - Flammable/Combustible Liquids S 307 $ 330 3 $ 828 $ 11,880 Hazardous Materials 1 to 3 Chemicals $ 240 $ 260 56 $ 1,120 $ 14,560 Hazardous Materials 4 to 6 Chemicals $ 295 $ 310 2 $ 30 $ 620 Hazardous Materials z 7 Chemicals $ 350 $ 370 8 $ 160 S 2,960 Helimpter/Helistop $ 80 $ 80 1 $ - $ 80 High Piled Combustible Materials $ 350 $ 380 18 $ 540 $ 6,840 Hot -Work Operations $ 240 $ 260 37 $ 740 $ 9,620 Industrial Baking/Drying Oven $ 240 $ 260 9 $ 180 $ 2,340 Liquified Petroleum Gases = 1 125 gallons $ 180 $ 210 11 $ 330 $ 2,310 Liquid/Gas Fueled Vehicle in Assemblies $ 180 $ 210 9 $ 270 $ 1,890 Lumberyard $ 240 $ 260 0 $ - $ - Magnesium Working $ 240 $ 260 0 $ $ - Motor Vehicle Fuel Dispensing Stations S 240 $ 260 9 $ 180 $ 2,340 Open Burning $ 240 $ 260 0 $ - $ Organic Coatings $ 240 $ 260 0 $ $ - - Pyrotechnical& Special F#ecfsAAater 350 370- -$ 40 -- Radioactive Materials $ 240 $ 260 0 $ $ - Refrigeration Equipment $ 240 $ 260 18 $ 360 $ 4,680 Repair Garage $ 240 $ 260 41 $ 820 $ 10,660 Spraying /Dipping $ 240 $ 260 6 $ 120 $ 1,560 Tent/Canopy/remporary Air Supported Structure $ 240 $ 260 26 $ 520 S 6,760 Tire Sturage $ 240 $ 260 8 $ 160 $ 2,080 EXHIBIT A FIRE DEPARTMENT FEE CURRENT FEE PROPOSED FEE ANTICIPATED ANNUAL# REVENUE INCREASE TOTAL REVENUE DESCRIPTION/JUSTIFICATION Wood Products $ 240 $ 260 0 $ $ - Inspections and Services Chief Officer Standby $188.001hr. $185.00/hr. 1 $ (3) $ 185 Enginerrruck Co Standby $170.00/hr. $265.00/hr. 5 $ 475 $ 1,325 Fxpedlte/After Hours Inspection $ 295 $ 310 _ 5 $ 75 $ 1,550 Failure to Receive Fire Construction Permit Double Permit Fee Double Permit Fee n/a n/a Iva False Alarm Response $ 200 $ 265. 112 $ 7,280 S 29,680 Fire Code Compliance Inspection $ 100 $ 120 75 $ 1,500 $ 9,000 Fire Extinguisher Demonstration $ 165 $ 165 3 $ - $ 495 Fire Inspector Movie Standby $110.00/hr. $120.00/hr. 1 $ 10 $ 120 Fire Standby (Fire Marshal) $115.00/hr. $140.00/hr. 1 $ 25 $ 140 Fire Standby (Fire Inspector) $100.00/hr. $95.00/hr. 1 $ (5) $ 95 Key Box $ 40 $ 45 40 $ 200 $ 1,800 Missed Appointment $ 125 $ 130 6 $ 30 $ 780 Pump Job $ 169 $ 260 5 $ 455 $ 1,300 Re- Inspections (Engine/Truck Co.) $ 96 $ 165 5 $ 3,450 $ 8,250 Re- Inspections (FPB) $ 152 $ 160 75 $ 600 $ 12,000 Rescue Ambulance Standby $50.001hr. $175.00/hr. 1 $ 125 $ 175 Roof Covering $ 339 $ 530 10 $ 1,910 $ 5,300 Weed Abatement $ 96 $ 96 157 $ - $ 15,072 State Mandated Inspections CCR Title 19 — High Rise S 475 $ 555 1 $ 80 $ 555 CCR Title 19— Hospital $ 1,000 $ 1,095 1 $ 95 $ 1,095 CCR Title 19 —Mist. Occupancy $ 180 $ 230 24 $ 1,200 $ 5,520 CCR Title l9— Public School $ 293 $ 310 13 $ 221 $ 4,030 Plan Check Architectural Design Review $ 130 $ 130 6 $ $ 780 Expedite/OTC Plan Check $ 125 $ 130 6 $ 30 $ 780 Flammable/Combusfible Tank (Install /Removal) $ 180 $ 210 0 $ $ In -House Plan Check $200/hr. $2001hr. 825 $ - $ 165,000 Tract Application $ 142 $ 140 4 $ (8) $ 560 EXHIBIT A FIRE DEPARTMENT FEE CURRENT FEE PROPOSED FEE ANTICIPATED REVENUE TOTAL DESCRIPTION/JUSTIFICATION ANNUAL # INCREASE REVENUE New service fee for Title 19 sprinkler system $ - $ 55 50 $ 2,750 $ 2,750 The department is proposing the collection of a $55 fee certifications for every Title 19 sprinkler system certification issued as a cost recovery mechanism. This service is currently provided free of charge. Approximately fifty (50) Title 19 sprinkler system certifications are issued annually, so the anticipated revenue for this proposal is $2,750 per year. New service fee for annual fire inspections $ 223,025 $ 223,025 The department conducts annual inspections of businesses and apartment buildings to ensure Apartments $ - $ 75 500 $ 37,500 $ 37,500 compliance with mandated fire - related building codes and regulations. Annual inspections also provide an Business Occupancy $ - $ 75 180 $ 135,000 $ 135,000 avenue for the City to educate the public on fire and life safety principles. Currently, annual Inspections are Business Restaurant Occupancy $ - $ 95 140 $ 13,300 $ 13,300 performed at no charge. Based on the anticipated number of annual inspections from each of the category Manufacturing/Industrial Storage Occupancy $ - $ 75 145 $ 10,875 $ 10,875 listed below, it is estimated that this proposal will Mercantile Occupancy $ - $ 75 250 $ 18,750 $ 18,750 generate $223,025 in potential revenue for the City every year. Commercial Rental Occupancy $ - $ 95 80 $ 7,600 $ 7,600 Total $ 252,983 $ 612,002 EXHIBIT A PUBLIC WORKS FEE CURRENT FEE PROPOSED FEE REVENUE INCREASE TOTAL REVENUE DESCRIPTION /JUSTIFICATION Stormwater Inspection Fees: Currently, the City does not charge stormwater inspection fees for projects under 1 acre. However, Restaurants (38 @ 1 hr) $ 105 $ 3,990 $ 3,990 the contract with the City's NPDES contractor was Auto Service Businesses (10 @ 1.25 $ 130 $ 1;300 $ 1,300 renewed in February 2008 which includes a cost for hrs) . performing stormwater inspection fee. These Industrial Commercial (32 @ 1.5 hrs) $ 150 4,800 $ 4,800 Proposed fees are a complete pass through to the developer with no net profit. These fees are necessary to fund the NPDES program in order to 'GIASP sites (14 @ 2.5 hrs) $ 300 $ 4,200 $ 4,200 maintain compliance with Federal and State Total $ 14 $ 14290 regulations. The fees are based on an hourly rate , charged by the consultant plus an additional 20% for City administrative costs. The number beside each category represents the estimated number of inspections that take place per year. Additionally, the `GIASP sites are large complex number of hours spent on each site is an average industrial projects amount of time the consultant has spent on each specific category. EXHIBIT A DEVELOPMENT SERVICES DEPARTMENT PROPOSED REVENUE TOTAL FEE CURRENT FEE FEE INCREASE REVENUE DESCRIPTION /JUSTIFICATION Grading Plan Review Fees: $36,000 $36,000 We have a low grading permit fee, collecting $50.50 for a typical permit and $50.25 for plan check of that project. There is a sliding scale for projects that propose more grading but it is ineffective as amount of earth moved is not necessarily an indicator of complexity of the project. 0 cubic yards to 1,000 cubic $50.25 (typical $250 Recently, environmental laws related to water quality and yards project drainage have made it imperitive for the City to review grading plans for nearly all projects. We estimate that Engineering staff spends an average of 5 hours on grading Fee specific to plan review and Engineering, Building and Planning Staff 1,001 cubic yards or more different levels The applicant shall reimburse the spend an average of 5 hours on the inspections associated of cubic yards City for 100% of actual costs and with the grading permit. This equates to a new charge of and based on a expenditures incurred by the City $250 for grading plan review and $250 for grading permit. "sliding scale." relative to said project. This fee was originally proposed to Council as $250 for plan review and $100 for the permit. We have evaluated this again and are now recommending $250 for the permit. This Grading Permit Fee $50.50 (typical increases the revenue estimate ($26,000 to $36,000). project) $250 Currently, we charge nothing for environmental review of projects. Other cities charge as much as $6,500 for an $500 for Initial Initial Study. The majority of cities we surveyed charge Environmental Initial Study Study. $50 for between $500 - $1400 for this work. Since we have not had and Categorical Exemption $0 Cat Exemption $9,250 $9,250 an Initial Study charge in the past and most of these (CEQA) Fees and Negative projects take approximately 10 hours, we are proposing to Declarations add a fee of $500 for projects that require CEQA review. We have no posting fee for Categorical Exemptions or Negative Declarations. We propose adding a $50 fee. The Public Improvement Plan Check fee is curr in the At cost. Based At cost. Based fee schedule bads noYbeimg adminised. - This review Public Improvement Plan on hours of on hours of $3,000 $3,000 includes street tree review, street work, parkway Check Fee improvements, utility connections and other public work review review. associated with a private project. We will begin charging for this review. Total $129,250 $129,250 ION:n ]rr_i DEVELOPMENT SERVICES DEPARTMENT FEE CURRENT FEE PROPOSED FEE REVENUE INCREASE TOTAL REVENUE DESCRIPTION /JUSTIFICATION Business License Processing Currently there is a related Business License fee of $25.00 Fee $40,000 $40,000 but this fee is specifically for the cost of Planning Review of a new business. The existing fee does not cover the cost associated with processing of new and renewal business New Application $25 $35 licenses. Many cities have a processing fee for both renewals and original licenses. Staff has proposed a $10.00 processing fee to be applied to new and renewal licenses. The impact to the business owner is that for a new license an owner would pay $70.90 for the license and $35 processing for a total of $105.90. In the case of an annual Renewal $0 $10 renewal, the applicant would pay $70.90 and a $10 processing fee for a total of $80.90. We surveyed five other cities and this proposal is within the range of these cities' charges. Design Review Fees $41,000 $41,000 Arcadia's single family homes are very large, and often there are 3 to 4 iterations of design review. After approximately 2 1/2 years of work with these projects, it is New Multiple Family Projects $510 $1,225 clear that we are not recouping nearly the cost of work on these projects. The same is true of multi - family projects, Alterations or Additions to although they are much less common. Given the amount of Multiple Family Projects $245 $510 time spent on design review, we propose increasing the single - family design review cost and multi - family design Alterations or Additions to review to $1225, the same as Commercial projects. We are Commercial /Industrial Projects $405 $510 also recommending that additions /alterations to all projects have the same fee ($510) The revenue estimate is based on a conservative estimate of how many projects we will New Single-Family g y Projects $500 $1,225 process in the coming year. We surveyed seven other cities and these fees are within the range of those cities' Additions or Alterations to $500 $510 charges. The Council requested a higher fee and this is Single - Family Projects reflected in a larger revenue estimate ($26,000 to $41,000). EXHIBIT A LIBRARY AND MUSEUM SERVICES DEPARTMENT CURRENT PROPOSED REVENUE TOTAL FEE FEE FEE INCREASE REVENUE DESCRIPTION /JUSTIFICATION This increased maximum fine for each overdue item will help Maximum fine on overdue $5 per item $10 per item $20,500 000 $41, overdue defray the rising costs associated with efforts to recover materials library materials, including labor, postage and supplies involved in the process. After repeated attempts have been made to get a patron to Referral fee to collection agency $10 per item $15 per item $2,000 $6,000 return extremely overdue materials, the account is sent to a collection agency. This increased fee will help defray the associated costs, including labor, supplies, and utilities. The Auditorium is available for rental to non - profit groups. $70 per hour $80 per hour The fee increase will help defray the rising labor, utility and Auditorium rental fee with a 2 hour with a 2 hour $750 $6,000 maintenance costs associated with booking, preparing, and minimum minimum cleaning the Auditorium. $40 per use $50 per use When groups that rent the Auditorium serve food, there are Auditorium cleaning fee when food is when food is $400 $2,400 additional costs for cleaning the kitchen, carpet, tables and served served chairs. This fee is collected when the Library borrows an item from Interlibrary loan fee $2 per item $3 per item $300 $900 another library on behalf of a patron. This increase will help defray the rising labor, postage, and supplies associated with the loans. EXHIBIT A LIBRARY AND MUSEUM SERVICES DEPARTMENT CURRENT PROPOSED REVENUE TOTAL FEE FEE FEE INCREASE REVENUE DESCRIPTION /JUSTIFICATION Guest pass fee for Internet Internet use is free for holders of Arcadia Public Library computer use $2 $39,000 $39,000 cards. This charge will only apply to those without library cards. The pass allows two hours of Internet access. Auditorium piano rental use fee $50 $2,500 2,500 The Library's Bosendorfer piano requires frequent tuning and specialized maintenance and repairs. Total $65,450 $97,800 STAFF PO RT Development Services Department August 5, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Directors By: im Kasama, Community Development Administrator Pre red By: 'homas Li, Associate Planner SUBJECT: CONSIDERATION OF RESOLUTION NO. 6638 FINDINC; TIAP CITY LOCAL DEVELOPMENT REPORT (LDR). Recommendation: Adopt SUMMARY Each city in the State of California is required to submit annually a Local Development Report (LDR) and certify by resolution to the local Co gestion Management Agency that it is in compliance with the local Congestion Man gement Program (CMP). For the City of Arcadia, the report and resolution are sent to the Los AngeleE County Metropolitan Transportation Authority (MTA) as the local Congestion Management Agency. The report is due each year by September. Staff is recommending that the attached Resolution No. 6638 be adopted and sent to the MTA with the Local Development Report. BACKGROUND The Los Angeles County Metropolitan Transportation Authority (MTA) Congestion Management Program (CMP) was developed in response to the passage of Proposition 111 in 1990. Proposition 111 provided an increase in the State Gas Tax to fund regional transportation improvements (Streets and Highways Code, Section 2105) and included the CMP to monitor regional transportation conditions. Conformance with the CMP assures that local agencies are providing transportation improvements to offset the traffic congestion resulting from new development. If a city does not conform to the CMP, that city's share of the Gas Tax increase provided Reso. 66 8 — CMP Augu t 5, 2008 Pagel by Proposition 111 may be withheld and allocated to the County to use on regional transportation projects. To assure conformance with the CMP, local agencies must perform the following actions: 1. Implementation of a Transportation Demand Management (TDM) Ordinance (Ord. 1984) and a Land Use Analysis (LUA) Program (Reso. 5780). 2. Submit to the Local Congestion Management Agency, by September of each year, a resolution finding that the City is in conformance with the CMP, and a Local Development Report (LDR) showing that the City is meeting its traffic congestion mitigation responsibilities. For the City of Arcadia, the resolution and LDR must be submitted to the MTA, and the LDR consists of a Deficiency Plan Status Summary; a New Development Activity Report; and Exempted Development Activity. The requirements of the TDM Ordinance (Ord. 1984) and the LUA Program (Reso. 5780) are being applied to relevant projects, and the attached Resolution No. 6638 and LDR verify that the City of Arcadia is in conformance with the CMP. DISCUSSION Compliance Action No. 1 The City Council adopted a Transportation Demand Management (TDM) Ordinance (Ord. 1984) and a Land Use Analysis (LUA) Program (Reso. 5780) in 1994. The TDM Ordinance is applied to new, non - residential developments of 25,000 or more gross square feet. The LUA Program is applied to any project that is subject to an Environmental Impact Report (EIR) under the California Environmental Quality Act (CEQA). Compliance Action No. 2 Annually, a resolution and Local Development Report (LDR) must be submitted to the MTA by September to show that the City is meeting its traffic congestion mitigation responsibilities. The CMP requires that cities mitigate traffic congestion resulting from new development. Historically, cities are required to track all new development activity and the CMP assesses debits and credits based on new development and demolition activity. In addition, cities may submit to the MTA a list of transportation projects that reduce local and/or regional traffic congestion for credits. This year,. the only requirement for CMP compliance is to report on all new development activity using the LDR and adopt the self- certifying Resolution. The attached Resolution No. 6638 finds the City of Arcadia to be in conformance with the CMP and adopts the Local Development Report (LDR) in accordance with Reso. 6638 — CMP August 5, 2008 Page 2 California Government Code Section 65089. For the current reporting 1, 2006 to May 31, 2007) the LDR consists of the following: Deficiency Plan Summary This form (Section 1, Page 1) summarizes the LDR and shows development totals. Part 1: New Development Activity (June e City's This form (Section 1, Page 2) shows the number of residential units built and other development activity based on building permits that were issued d ring the current reporting period. Part 2: New Development Adjustments This form (Section 1, Page 3) shows the adjustments to the new development debits based on demolition permits that were issued during the current eporting period. Part 3: Exempted Development Activity This form (Section 1, Page 4) shows that development which is exempt from being reported as "new development activity" such as low- income how and reconstruction of earthquake damaged buildings. ENVIRONMENTAL ANALYSIS Reporting on compliance with a local congestion management program is no subject to the California Environmental Quality Act (CEQA). The development or ad ption of transportation improvement programs is exempt by statute (CEQA G idelines Section 15276). FISCAL IMPACT Nonconformance with the CMP could jeopardize Gas Tax funds. If t e MTA determined that a city is not in conformance with the CMP, the State Co troller is notified to withhold from that jurisdiction its annual allocation of the State Gas Tax increase enacted by Proposition 111 (Streets and Highways Code, Section 2105). If, after 12 months, a city still has not conformed to the CMP, the withheld Gas Tax funds will be allocated to the County. The City of Arcadia, however, is in conformance with the CMP, so these funds are not in jeopardy. Reso. 6 38 — CMP Aug st 5, 2008 Page 3 RECOMMENDATION It is recommended that the City Council: A. Adopt Resolution No. 6638: A Resolution of the City Council of the City of Arcadia, California, finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Development Report (LDR) in accordance with California Government Code Section 65089; and, B. Direct the City Clerk to transmit a fully executed copy of Resolution No. 6638 and the Local Development Report to the Los Angeles County Metropolitan Transportation Authority by September 1, 2008. Attachments: Resolution No. 6638 Local Development Report Approved: D Donald Penman, City Manager Reso. 6638 — CMP August 5, 2008 Page 4 RESOLUTION NO. 6638 A RESOLUTION OF THE CITY COUNCIL OF THE CITY ARCADIA, CALIFORNIA, FINDING THE CITY OF ARCM TO BE IN CONFORMANCE WITH THE CONGESTI MANAGEMENT PROGRAM (CMP) AND ADOPTING THE C LOCAL DEVELOPMENT REPORT, IN ACCORDANCE W] CALIFORNIA GOVERNMENT CODE SECTION 65089. WHEREAS, CMP statute requires the Los Angeles County Transportation Authority ( "LACMTA "), acting as the Congestion Agency for Los Angeles County, to annually determine that the County and cities within the County are conforming to all CMP requirements; and WHEREAS, LACMTA requires submittal of the CMP Local Report by September l of each year; and WHEREAS, the City Council held a noticed public hearing on August 5, 11: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City of Arcadia has taken all of the actions, and that the City is in conformance with all applicable requirements of the 2004 CMP adopted by the LACMTA Board on July 22, 2004. The City has locally adopted and continues to implement a demand management ordinance, consistent with the minimum identified in the CMP Transportation Demand Management chapter. The City has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program chapter. The City has adopted a Local Development Report, attached hereto and made a part hereof, consistent with the requirements identified in the 2004 CMP. This report balances traffic congestion impacts due to growth within the City with transportation improvements, and demonstrates that the City is meeting its responsibilities under the Countywide Deficiency Plan consistent with the LACMTA Board adopted 2003 Short Range Transportation Plan. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the Los Angeles County Metropolitan Transportation Authority. Passed, approved and adopted this 5 day of August, 2008. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: City Attorney of the City of Arcadia ENTER JURISDICTION NAME Date Prepared: July 23 �2008 2008 CMP Local Development Report Reporting Period: JUNE 1, 2007 - MAY 31, 2008 Contact: Thomas Li Phone Number: 626 - 574 -5447 CONGESTION MANAGEMENT PROGRAM FOR LOS ANGELES COUNTY * IMPORTANT: All "#valuel" cells on this page are automatically calculated Please do not enter data in these cells. DEVELOPMENT TOTALS RESIDENTIAL DEVELOPMENT ACTIVITY Dwelling Units Single Family Residential 21.00 Multi - Family Residential 15.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Commercial (less than 300,000 sq.ft.) Commercial (300,000 sq.ft. or more) Freestanding Eating & Drinking 1,000 Net S .Ft 2 119.20 0.00 0.00 NON - RETAIL DEVELOPMENT ACTIVITY Lodging Industrial Office (less than 50,000 sq.ft.) Office (50,000- 299,999 sq.ft.) Office (300,000 sq.ft. or more) Medical Government Institutional /Educational University (# of students) OTHER DEVELOPMENT ACTIVITY ENTER IF APPLICABLE ENTER IF APPLICABLE Net 0.00 0.00 0.00 ME MM MM MM Daily Trips 0.00 0.00 EXEMPTED DEVELOPMENT TOTALS Exempted Dwelling Units 0 Exempted Non- residential sq. ft. (in 1,000s) 0 1. Note: Please change dates on this form for later years. Section i, Page 1 2. Net square feet is the difference between new development and adjustments entered on pages 2 and 3. ENTER JURISDICTION NAME Date Prepared: July 23, 2008 2008 CMP Local Development Report Reporting Period: JUNE 1, 2007 - MAY 31, 2008 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0" OADEVELOP RESIDENTIAL DEVELOPMENT ACTIVITY Category Dwelling Units Single Family Residential 70.00 Multi-Family Residential 20.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 Gross' Square Feet Commercial less than 300,000 s .ft. 119.20 Commercial 300,000 s .ft. or more 0.00 Freestanding Eating & Drinking 0.00 NON - RETAIL DEVELOPMENT ACTIVITY Category 1,000 Gross Square Feet Lodging 0.00 Industrial 0.00 Office less than 50,000 s .ft. 0.00 Office 50,000 - 299,999 s .ft. 0.00 Office 300,000 s .ft. or more 0.00 Medical 0.00 Government 0.00 Institutional /Educational 0.00 University # of students 0.00 OTHER DEVELOPMENT ACTIVITY Description Attach additional sheets if necessary) Daily Trips Enter "0" if none ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 Section I, Page 2 ENTER JURISDICTION NAME Date Prepared: Jul 2008 CMP Local Development Report Reporting Period: JUNE 1, 2007 - MAY 31, 2008 123, 2008 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." ... DEVELOPMENT IMPORTANT: Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of structure with the reporting eriod. any RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Dwelling Units Single Family Residential 49.00 Multi-Family Residential 1 5.00 Group Quarters 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category 1,000 S qpare Gross Feet Commercial less than 300,000 s .ft. 0.00 Commercial 300,000 s .ft. or more 0.00 Freestanding Eating & Drinking 0.00 NON - RETAIL DEVELOPMENT ACTIVITY Category 1,0)0 Square Gross Feet Lodging 0.00 Industrial 0.00 Office less than 50,000 s .ft. 0.00 Office 50,000 - 299,999 s .ft. 0.00 Office 300,000 s .ft. or more 0.00 Medical 1 0.00 Government 1 0.00 Institutional /Educational 0 University # of students 0.00 OTHER DEVELOPMENT ACTIVITY Description Attach additional sheets if necessary) Da Ente ly Trips "0" if none ENTER IF APPLICABLE 0.00 ENTER IF APPLICABLE 0.00 1, Page 3 ENTER JURISDICTION NAME Date Prepared: July23,2008 2008 CMP Local Development Report Reporting Period: JUNE 1, 2007 - MAY 31, 2008 Enter data for all cells labeled "Enter." If there are no data for that category, enter "0." • ' DEVELOPMENT (NOT INCLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS) LowNery Low Income Housing Dwelling Units High Density Residential Dwelling Units Near Rail Stations Mixed Use Developments 0 1,000 Gross Square Feet Near Rail Stations 01 Dwelling Units Development Agreements Entered 1,000 Gross Square Feet into Prior to July 10, 1989 1 01 Dwelling Units Reconstruction of Buildings 1,000 Gross Square Feet Damaged in April 1992 Civil Unrest 0 Dwelling Units Reconstruction of Buildings 1,000 Gross Square Feet Damaged in Jan. 1994 Earthquake 1 01 Dwelling Units Total Dwelling Units 0 Total Non - residential sq. ft. (in 1,000s) 1 0 Section 1, Page 4 Exempted Development Definitions: 1. LowNery Low Income Housing: As defined by the California Department of Housing and Community Development as follows: - Low - Income: equal to or less than 80% of the County median income, with adjustments for family size. - Very Low - Income: equal to or less than 50% of the County median income, with adjustments for family size. 2. High Density Residential Near Rail Stations: Development located within 1/4 mile of a fixed rail passenger station and that is equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre is automatically considered high density. 3. Mixed Uses Near Rail Stations: Mixed -use development located within 1/4 mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed use development is used for high density residential housing. 4. Development Agreements: Projects that entered into a development agreement (as specified under Section 65864 of the California Government Code) with a local jurisdiction prior to July 10, 1989. 5. Reconstruction or replacement of any residential or non - residential structure which is damaged or destroyed, to the extent of > or = to 50% of its reasonable value, by fire, flood, earthquake or other similar calamity. 6. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and where the local jurisdiction is precluded from exercising any approval /disapproval authority. These locally precluded projects do not have to be reported in the LDR. f STAFF REPORT Library and Museum Date: TO: Mayor and City Council FROM: James Barrows, City Clerl( Janet Sporleder, Director of ibrary and Museum Services Prepared by: Lisa Mussenden, Chief Deputy City Clerk/Records SUBJECT: Historical Museum Commission Appointments Recommended action: Appoint two members SUMMARY At its meeting on June 17, 2008, the City Council made annual board and appointments for positions whose terms were to expire June 30, 2008. At that mec appointments were to be made to the Historical Museum Commission; however, at of the City Council, only two (2) appointments were made and the other two (2) we until a decision was made whether to reduce the size of the membership from sev (5). On July 1, 2008, the City Council concluded that the membership of t Museum Commission not be changed, thereby requiring the appointment of two I appointments. The Historical Museum Commission was established by ordinance in 2001, w members for purposes of advising the City Council on matters relating to the Rutl Gilb Arcadia Historical Museum. Pursuant to the Arcadia Municipal Code, the appoints all seven (7) members to serve on the Historical Museum Commissi! purpose, the City Council shall consider the appointment of four (4) members sug Arcadia Historical Society, two (2) members suggested by the City Council and on suggested by the Library Board of Trustees. In addition, the Arcadia Municipal states that the Commission shall have one (1) ex- officio non - voting member, wl member of City staff, appointed by the City Manager or her/her designee. Department commission ing, four (4) the direction -e postponed n (7) to five !e Historical 21 additional :h seven (7) and Charles - -ity Council n. For this vested by the (1) shall be -ode further o shall be a Attached is the letter from the Arcadia Historical Society suggesting Alice Wang and Vince Foley be appointed to the Historical Museum Commission. The terms for these two (2) appointments will be full four (4) year terms ending June 30, 2012. Also, attached is one Citizen Service Resume that was left over from the pool of resumes submitted during the annual appointment process. The applicant is still interested in serving on a City board or commission. FISCAL IMPACT There is no fiscal impact. RECOMMENDATION It is recommended that the City Council make two (2) appointments to the Historical Museum Commission to serve full four (4) year terms ending June 30, 2012. APPROVED: Donald Penman City Manager LM Attachments 380 West Huntington Drive • P.O. Box 60021 RE"alVhb _ Arcadia, CA 91066 -6021 APOADIA (626) 446 -8512 '�'� -10 3 2W6 CITY July 8, 2008 Arcadia City Council P.O. Box 60021 Arcadia, CA 91066 -6021 Dear Members of the Arcadia City Council, The Arcadia Historical Society recommends the appointments of Alice Wong and Foley to the Arcadia Historical Museum Commission. Sincerely, Lis fiu Caro �� Arcadia Historical Society President CITY OF ARCADIA Citizen Service Resume RECE VED JUL 2 1 2008 Office of the City Clerk 8.T8° 240 W. Huntington Drive CITY OF AX, Arcadia, CA 91007 CITY C (626)S74 -5410 CADIq RK PLEASE PLACE A CHECK MARK NEXT TO THE BOARD /COMMISSION FOR WHICH YOU WOU APPLY (You may make more than one selection): LIKE TO Arcadia Beautiful Commission _ Historical Museum Commission CZ Planning Commission — Human Resources Commission _ Recreation and Parks Com Ission _ Library Board of Trustees Senior Citizens' Commisslo Date of Application 1 a Name 0A1 h A-L ;-�-6 Last First Middle Address Home Phone usiness Phone ( 1 How long have you been a resident of Arcadia? 5714ce 9� Are you a registered voter? Yes X No Occupation RbTiRb� {,Qo jnrPoQj ,Bd�jyd5} Employer Education (Include professional or vocational licenses or certificates) • GvLL�4E DEFR�� Community involvement (list organization memberships and committee assignments) 1 LI cL p ✓OIVA Please describe any background, training, education or interests that qualify you as an appointee laµo��ra�P . r,�n�id�rrre� a v id 4-,// e?x4Z.•s1e1 0 rJ vzr�c flip ( oeAe.&5'evs 5y/J� (PLEASE COMPLETE THE REVERSE SIDE OF THIS FORM) What do you see as the objectives and goals of the advisory board or commission for which you are State law and the City Conflict of Interest Code requires you to file a statement of economic interests annually as well as related forms when you assume and leave your appointed office (e.g. sources of income, loans, gifts, investments, interest in real property as required by state law). Do you agree to file all required forms in a timely manner as proscribed by the City's filing official? Yes_ No_ I hereby certify that t e foregoing information is correct to the best of my knowledge. L 8 Signature Please attach additional pages If necessary and return Date Are you awafe of the .time Sommitment necessary to fulfill the obligations of an appointment to this position? Yes No`b CITY OF ARCADIA RECEIVED Citizen Service Resume JUL 10 2008 Office of the City Clerk b ++oasrsp''� 240 W. Huntington Drive CITY F ARCADIA Arcadia, CA 91007 CITY CLERK (626) 574 -5410 PLEASE PLACE A CHECK MARK NEXT TO THE BOARD /COMMISSION FOR WHICH YOU WOU LIKE TO APPLY (You may make more than one selection): Arcadia Beautiful Commission❑ Historical Museum Commission Planning Commission ❑ Human Resources Commbrsionri Recreation and Parks Cam Ission[3 1�1 xs�9 :�e4�s�ssssrsss:ss::ssrsssssa «sass *�l�e��R+ Date of Application Name First John Middle HomePhoneleflo Business Phone ( How long have you been a resident of Arcadia' Are you a registered voter? Yee 11 No ❑ Occupation Education (Include professional or vocational licenses or certificates) Community Involvement (list organtiation memberships and committee assignments) Please describe any background, training, education or interests that qualify you as an What do you see as the objectives and goals of the advisory board or commission for which you are applying ? To further interest in Arcadia's rich history through edur= tional pmgramg and displays at the Historical M ucwura Are you aware of the time commitment necessary to fulfill the obligations of an appointment to this position? Yes ✓❑ No ❑ State law and the City Conflict of Interest Code requires you to file a statement of economic interests annually as well as related forms when you assume and leave your appointed office (e.g. sources of income, loans, gifts, investments, interest in real property as required by state law). Do you agree to file all required forms in a timely manner as proscribed by the City's filing official? Yes a No that the fore going information is correct to the best of my knowledge. Signature q �, dye Juivf3' 2008 Date Please attach additional pages if necessary and return to the address listed on the reverse side CITY OF ARCADIA RE1 = E� Citizen service Resume ` ED MAY 2 9 2008 Office of the City Clerk TV 240 240 W. Huntington Drive MVCI ARCgp Arcadia, CA 91007 C CLERK (626) 574 -5410 PLEASE PLACE A CHECK MARK NEXT TO THE BOARD /COMMISSION FOR WHICH YOU WOUL LIKE TO APPLY (You may make more than one selection): Arcadia Beautiful Commission Historical Museum Commission Planning Commission. Human Resources Commission _ Recreation and Parks Com Ission _ Library Board of Trustees — Senior Citizens' Commisslo x***** x* x**** x* x**** xx**** x**** xxxx*** x** * * * * * * * * * * * *xx *x * *xx * * *x *xx * * ** *x * *x * * * * ** Date of Application _ Name G n 4 Last First Middle Address Home Phan Business Phone if long have you been a resident of Arcadia? Are you a registered voter? Yes N h I 1 _ 1 'C oA'0C Education (In lude.professional or vo( atio al llcen or certificates) a n (o x�l C mruni inv Iveme t organization memberships and committee o Dr7r V i ice K ccx V �lsS 12 J v e h� a descri a any bac �q un�i; trainiI�cS tioh o� �Fi�e?ests that quad r �rou a3 Vat- '�22 - `=Qm l f u I'4F ' r;14r-j (-K 4, I +s n " r A ( "d - -&2� •Ceti fltsC.�� • • . i — _ _ ��. ,Q� - r S What do you see as the objectives and goals of the advisory board or commission applying?. which you are Are you ayvare of the'Eie commitment necessary to fulfill the obligations of an appointment to this position? Ye �� o State law and the City Conflict of Interest Code requires you to file a statement of economic interests annually as well as related forms when you assume and leave your appointed office (e.g. sources of income, loans, gifts, investments, interest in real property as required by state law). Do you agree to file all required forms in a timely manner as proscribed by the City's filing official? Yes_ No_ I certify that the foregoing information is correct to the best of my knowledge. Signature Date Please attach additional pages if necessary and return to the address listed on the reverse side l 50:0094 CITY COUNCILIREDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, JULY 15, 2008 CALL TO ORDER Mayor Harbicht called the Study Session to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Kovacic, Wuo and ABSENT: None STUDY SESSION PUBLIC COMMENTS (5 minutes per person) None STUDY SESSION a. Report, discussion and direction regarding False Security Alarm Fees. and Police Chief Sanderson provided the City Council with an overview of the False Sec rity Alarm ordinance and fee resolution. He discussed options listed in the staff report on the agenda regarding the $40 annual permit fee, false alarm response fees, penalties, grace period and reinstatement fee, the verified response process that is used by other cities, billing alarm companies versus the homeowner paying an annual permit fee and he provided a summary of how other cities handle false security alarms. The Study Session adjourned at 6:55 p.m. RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING TO OPEN Mayor Harbicht convened the Regular Meeting at 7:00 p.m. in the Council Chamber. INVOCATION Reverend Thomas Shriver, Emmanuel Assembly of God PLEDGE OF ALLEGIANCE Hue Quach, Administrative Services Director ROLL CALL OF CITY COUNCILIREDEVELOPMENT AGENCY MEMBERS: PRESENT: CounciVAgency Member Amundson, Chandler, Kovacic, Wuo and ABSENT: None -15 -2008 50:0095 REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION ITEMS City Attorney Steve Deitsch reported that the City Council conducted a study session concerning the proposed false security alarm ordinance listed on the posted agenda in two (2) separate places. The City Council received a preliminary report from Police Chief Sanderson regarding various issues related to the false alarm ordinance. SUPPLEMENTAL INFORMATION FROM CITY MANAGERIEXECUTIVE DIRECTOR REGARDING AGENDA ITEMS Don Penman, City Manager noted that the City Council was given two (2) a -mails regarding the false security alarm fees public hearing item, and a corrected page 4 of the July 1 minutes. He also introduced and welcomed the City's new Administrative Services Director Hue Quach. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council /Agency Member Amundson, seconded by Council/Agency Member Chandler and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PUBLIC HEARING CITY COUNCIL ITEMS: a. Recommended Action: Adopt Sergeant Brian Ortiz of the Arcadia Police Department noted that in November 2005, the City Council established false alarm penalty assessments for residents and businesses with more than 3 false alarm activations in a consecutive 365 day period; he reported that the Police Department responded to approximately 3,500 false alarm calls received in 2005 and about 2,600 in 2007. He noted that even though there has been a 25% decrease, the number of responses continue to be high, that some repeat offenders have as many as 19 false alarm activations in a 365 day period and that the average repeat offender has more than 19 false alarm activations in a 365 day period. He explained that false alarm activations affect the overall safety of the community and take officers away from actual emergencies and other calls for service and further explained the purpose of the proposed increase in the false alarm response fees, false alarm cost assessment and grace period, annual security alarm permit and the reinstatement fee. He noted that adoption of the proposed resolution will help reduce the number of false alarm activations and recoup a portion of monies spent by the City. He discussed the false alarm response fees, the annual security alarm permit, the reinstatement fee, and explained the three fee options for City Council consideration. He further explained the verified response process and how other cities handle false security alarm fees. 07 -15 -2008 50:0096 Mayor Harbicht opened the public hearing. Al Consolvi, Arcadia resident, appeared and spoke in opposition of the false security alarm fees. Vince Foley, Arcadia resident, appeared and spoke regarding the false security alarm $ fees and penalties. A motion to close the public hearing was made by Council Member Chandler, seconded by Mayor Pro Tem Wuo and seeing no further objection, the Mayor declared the public hearing closed. A motion was made by Council Member Chandler, seconded by Council Member HE rbicht and carried on roll call to adopt Resolution No. 6628 amending Resolution No. 6489 relatir g to False Security Alarm Fees for the Police Department. AYES: Council Member Chandler, Harbicht and Kovacic NOES: Council Member Amundson and Wuo ABSENT: None b. APPROVE THE ANNUAL WEED ABATEMENT CHARGE LIST. Recommended Action: Approve City Clerk Jim Barrows provided the staff report regarding the County of Los Angeles annual weed abatement charge list. He reported that the County Agricultural Commission mails notices to properties in the City that require weeds to be abated from their property and that the only role the City plays in this process is to conduct a public hearing because the prope ies on the abatement charge list are located in the City of Arcadia. He noted that the $44.86 on he charge list represents the County's reinspection fee of the property and those fees in exc ss of the reinspection fee represent work performed by the County to abate the nuisance that xist on the property and will be assessed against the property through the property tax rolls. The Mayor opened the public hearing. No members of the public appeared. A motion to close the public hearing was made by Council Member Chandler, se onded by Council Member Amundson and seeing no further objection, the Mayor declared the public hearing closed. A motion was made by Council Member Kovacic, seconded by Council Member Ch ndler and carried on roll call vote to approve the charge list as provided by the County of Los Angeles Department of Agricultural Commissioner/Weights and Measures so that the County Auditor may enter the amounts of the respective assessment against the respective parcels of land as they appear on the current assessment roll. AYES: Council Member Kovacic, Chandler, Amundson, Wuo and Harbicht NOES: None ABSENT: None PUBLIC COMMENTS None 50:0097 REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Chandler had nothing to report. Mayor Pro Tern Wuo noted that he recently attended the Independent Cities Association Conference and noted that the topic of Character Counts was discussed and would like the City to look into and possibly become a member. Council Member Amundson noted that last week he attended with Council Members Wuo and Kovacic the placement of the third Historical Marker at Huntington Drive and First Avenue where the first City Hall was located and encouraged everyone to stop by and see it; he announced that the Ruth and Charles Gilb Arcadia Historical Museum is having an exhibit called " Arcadia's First" where Arcadia's first resolution, ordinance, deed, minutes and photographs are on display and encouraged everyone to attend. He noted that these documents are allover 100 years old and never seen before. He noted that on tonight's agenda there is an item accepting about $20,000 in donations in honor of Charles Gilb for the Ruth and Charles Glib Arcadia Historical Museum and that donations are always accepted. Council Member Kovacic thanked Mr. Amundson for mentioning the ceremony on Sunday; he noted that all the signs say "History Lives Here" and further noted that the first sign celebrates the 100 anniversary of First Avenue School, the second sign is at Peacock Corner and notes all the historic events that took place at the County Park and the third sign is the site of the first City Hall. He noted that the goal is to put historic signs all around town to remember some of the locations where great buildings were that no longer exist and to celebrate some of the buildings that still exist; he announced that if anyone has any ideas about locations that should be recognized to contact the Historical Museum and reminded everyone to bring lawn chairs and attend the free summer concerts currently taking place in front of City Hall. Mayor Harbicht commented on Arcadia's history; he noted that awhile back he had asked staff to look into an ordinance regarding the number of garages required depending on the size of the home. With the consensus of the other Council Members, the City Council directed staff to draft up an ordinance for Planning Commission consideration. Council Member Kovacic commented that he has heard complaints regarding large recreational vehicles and buses parked in driveways. Mr. Penman responded that recreational vehicles, buses and boats are allowed to be parked in the driveway as long as they are registered and parked on a paved surface. City Clerk Barrows had nothing to report Mr. Penman reported that the Marine Corps. band played on Saturday night and the Recreation staff and the Republican Women do a good job putting that together; he reported that it was a jazz ensemble and was well received. 07 -15 -2008 2. CONSE REDE\ a. CITY C b. C. d. e. 91 h. .NT CALENDAR IELOPMENT AGENCY ITEMS: APPROVE THE REGULAR MEETING MINUTES OF JUNE 17. 50:0098 2008 ADJOURNED CONTINUED REGULAR MEETING MINUTES OF JUNE 24 2008 AND THE REGULAR MEETING MINUTES OF JULY 1. 2008. V. 2008 Recommended Action: Approve OUNCIL ITEMS: APPROVE THE REGULAR MEETING MINUTES OF JUNE ADJOURNED CONTINUED REGULAR MEETING MINUTES OF JUN 24 2008 AND THE REGULAR MEETING MINUTES OF JULY 1 2008. OF Recommended Action: Approve ADOPT ORDINANCE NO. 2243 AMENDING VARIOUS SECTIONS ARTICLE III CHAPTER 9 OF THE ARCADIA MUNICIPA CODE CONCERNING FALSE SECURITY ALARMS. Recommended Action: Adopt ACCEPT DONATIONS IN THE AMOUNT OF $19,635.00 IN MEMORY OF CHARLES GILB TO THE RUTH AND CHARLES GILB ARCADIA HISTORICAL MUSEUM. Recommended Action: Approve AWARD A PURCHASE ORDER TO WATERLINE TECHNOLOGIES INC. FOR THE PURCHASE OF SODIUM HYPOCHLORITE TO DISINFECT THE CITY'S DOMESTIC WATER SUPPLY IN THE AMOUNT OF $45.000. I INSERTS Recommended Action: Approve APPROVE THE SOLE SOURCE PURCHASE OF 75 CATCH BASIN TO CAPTURE TRASH AND DEBRIS TO BE IN COMPLIANCE WITH THE TRASH TMDL IN THE AMOUNT OF $69,376 FROM ADVANCED SOL JTIONS. Recommended Action: Approve AWARD A PURCHASE ORDER TO UNITED RENTALS FOR THE PURCHASE OF ONE 1 ASPHALT ROLLER WITH TRAILER FOR THE PUBLIC WORKS SERVICES DEPARTMENT IN THE AMOUNT OF $43.782.80. 1 YEAR Recommended Action: Approve AUTHORIZE THE CITY MANAGER TO EXECUTE A ONE CONTRACT EXTENSION WITH TRAFFIC OPERATIONS INC. FOF STREET STRIPING AND PAVEMENT MARKING SERVICES IN THE AMOUNT OF $ 79,000. Recommended Action: Approve 07 -15 -2008 50:0099 AMOUNT NOT TO EXCEED $129.467. Recommended Action: Approve A motion was made by Council /Agency Member Amundson, seconded by Council /Agency Member Wuo and carried on roll call vote to approve items 2.a through 2.j on the City Council /Agency Consent Calendar, as corrected. AYES: Council /Agency Member Amundson, Wuo, Chandler, Kovacic and Harbicht NOES: None ABSENT: None ABSTAIN: Council Member Chandler (Consent Items 2.a and 2.b, July 1, 2008 minutes) and Kovacic (Consent Items 2.a and 2.b, June 17, 2008 minutes) 3. CITY MANAGER a. Recommended Action: Approve Sergeant Brian Ortiz of the Arcadia Police Department presented the staff report waiving the formal bid process relating to false alarm tracking and billing services with Public Safety Corporation (PSC). Sgt. Ortiz provided a summary of what types of services PSC will be providing; he noted that PSC will be providing the tracking and billing services on a profit sharing basis (23% to PSC and 77% to the City); he further noted that there is no start up or maintenance fee required; he discussed the Police Department's response to false alarm activations; he further noted that currently, tracking false alarms, issuance of warning letters, authorizations to bill and dealing with citizen complaints has been the responsibility of the Community and Youth Services Sergeant. He discussed other companies contacted by staff that offer similar services and provided additional background information and based upon research conducted and the companies contacted, staff recommends contracting with PSC since they are the only alarm company with the experience and level of service needed to operate this program. He explained that the contract will be for a 2 year period and noted that with the introduction of an alarm permit fee and a recommended rise in false alarm fees, it is estimated that the City will receive an increase in fees of more than $125,000 from 2007. A motion was made by Council Member Chandler, seconded by Council Member Kovacic and carried on roll call to waive the formal bid process and authorize the City Manager to execute a Professional Services Agreement with Public Safety Corporation (PSC) for false alarm tracking and billing services from July 1, 2008 through June 30, 2010. 07 -15 -2008 $ 300,000. Recommended Action: Approve 50:00100 AYES: Council Member Amundson, Chandler, Kovacic, and Harbicht NOES: Council Member Wuo ABSENT: None b. APPROVE SCHEMATIC DESIGN FOR CITY HALL AND PROVIDE DIRECTION ON DESIGN DEVELOPMENT AND FUNDING OPTIONS. Recommended Action: Approve and Provide Direction Phil Wray, Deputy Director of Development Services presented a summary on what has been accomplished regarding the new City Hall building; he noted that the schematic desig I package includes a construction cost estimate of $12,225.505 and the total project cost in luding all design and soft costs is $15,368,036. He explained that the next step will be to complete the design development which will address the ultimate size, design style, finishes and design details. He noted that since the schematic design is complete, a comprehensive cot estimate can be now be determined; he further noted that the schematic design and estimate including the building, the landscape and hardscape around the building to the edge of the pa king lot is $15,368,036; that building construction costs have gone up severely over the pat several years; that estimators have cautioned staff that the accuracy of their estimates is b sed on a firm project schedule with a contract award date of June 2009 and if the project is n t bid and awarded by that date, the estimate will no longer be valid; and assuming a monthly escalation rate of 0.42% and a building cost at the project award date of $12,225,505, the construction costs could escalate approximately $51,400 each month. He discussed Steinberc Architect Services proposal at $1,342,031, the budget and capital outlay reserve funds. He not d that the City Council would have to consider financing options utilizing a Certificate of Parti ipation to make up the funding difference; he discussed examples of payback options witi different borrow amounts and payment periods. He further discussed the Design Developm ant Phase and the next steps of the project and provided three options for City Council conside ation. He reported that staff recommends that the City Council approve the schematic design p ackage for the new City Hall and direct staff to amend the Professional Services Agreement with Steinberg Architects to $357,009 and proceed with the design development; authorize a 10% contingency for any additional or unforeseen design issues; direct staff to investigate further options for financing and bring back financing and funding proposals on or before the completio of design development. City Manager Don Penman discussed financing options. A motion was made by Mayor Pro Tern Wuo, seconded by Council Member Ch ndler and carried on roll call to approve the schematic package; amend the Professiona Services Agreement with Steinberg Architects to include the design development phase at $3E7,009 and proceed with the Design Development Phase; authorize a 10% contingency for any a ditional or unforeseen design issues, investigate further the options for financing and bring back the options for financing and bring back financing/funding proposals on or before the completion of design development. AYES: Council Member Wuo, Chandler, Amundson, Kovacic and Harbicht NOES: None ABSENT: None C. REPORT. DISCUSSION AND DIRECTION REGARDING _TH_ E_ PO IC FOR Recommended Action: Approve and Provide Direction 5 -2008 50:00101 Jim Kasama, Community Development Administrator reported that at meeting of June 17, 2008, the City Council directed staff to bring back an ordinance reflecting a change in the time frame for removal of trash and recycling bins from the parkway or public right -of -way. Mr. Kasama provided the requirements for the placement and removal of trash and recycling bins in the public right -of -way. He noted that bins may be placed out for collection 24 hours prior to pick -up and may not be left out for more than 36 consecutive hours. He explained that the City Council could direct staff to amend the current ordinance to reflect that trash bins must be removed from the street by midnight of the same day of trash pick -up or by 5:00 a.m. the day after pick -up since residential street sweeping begins at that time the following day. He further explained that the amendment to the code would also provide a clear violation period for Code Services staff to enforce. He noted that with the current 36 hour requirement, it is difficult for code services to know when the trash containers were brought out. He further noted that if Option 1 is the City Council's desire, an ordinance will be prepared and brought back to a future meeting for introduction and Option 2 would be to keep the current ordinance in place but increase the enforcement penalties. The City Council directed staff to prepare an ordinance which reflects a change in the time frame that trash and recycling bins can be placed and removed from the parkway or public right - of -way consistent with Option 1 and suggested that the ordinance be reviewed to reflect current practices consistent with the City's code. ADJOURNMENT The City Council /Redevelopment Agency adjourned this meeting at 9:40 p.m. in memory of Bill Lofthouse to August 5, 2008, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk 0 Lisa Mussenden, Chief Deputy City Clerk/ Records Manager 07 -15 -2008 I STAFF REPORT Development Services Department DATE: August 5, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director �K Philip A. Wray, Deputy Director of Development Services ) By: Linda Hui, Transportation Services Manager SUBJECT: Resolution No. 6640 authorizing the City Manager to execute a. funds for Municipal Operator Service Improvement Program. Recommendation: Adopt SUMMARY Arcadia Transit is eligible to receive Proposition C Municipal Operator Service Improvement Program ( MOSIP) funds. In order to receive MOSIP funds, tie City of Arcadia is required to enter into a Memorandum of Understanding (MOU) wi h the Los Angeles County Metropolitan Transportation Authority ( LACMTA). The MOU s valid for one fiscal year (July 1 2007 - June 30, 2008). Attached for the City Council's consideration is Resolution No. 6640 authorizing the City Manager to execu e a MOU with the LACMTA to receive the Proposition C MOSIP funds, and to submit a financial claim to this funding. Staff recommends that the City Council adopt Resolution No. 6640. BACKGROUND The 1990 Proposition C ordinance is a countywide half -cent sales tax de icated to iste public transportation and transit service improvement. Funds are admin ed by the LACMTA and allocated based on five categories: 5% transit security, 10% M trolink rail operations and facilities, 20% Local Return, 25% freeway /highway improvem nts, 40% discretionary funding. In addition to the allocation of funds based on the five categories, on April 26, 2001, the LACMTA Board of Directors (Board) approved the creation of a municipa operator service improvement program ( MOSIP) to improve service to the transit cependent countywide by reducing overcrowding and expanding services. As one of the regional Staff Report August 5, 2008 Page 2 transit operators, Arcadia Transit is eligible to receive MOSIP funds. The formula is based on vehicle mileage expended and fare units generated by each transit operator. DISCUSSION Forty percent of the Proposition C revenues are reserved by the LACMTA for discretionary uses such as bus and rail service improvement programs. The LACMTA Board approved policy and administrative procedures for a five -year Municipal Operator Service Improvement Program ( MOSIP) in April 2001 utilizing the Proposition C 40% Discretionary Funds. The MOU expired on June 30, 2006, On July 26, 2007, the LACMTA Board of Directors (Board) approved the continuation of the MOSIP program for one year through FY2008. The LACMTA Board appropriated $17.9 million in Proposition C 40% Discretionary Funds for MOSIP in FY2008, and Arcadia Transit receives $57,352. A Memorandum of Understanding (MOU) between the LACMTA and local municipalities is required to ensure compliance and accountability of use of funds. FISCAL IMPACT In FY2007 -2008, the City of Arcadia will receive a total of $57,352 in Proposition C Discretionary funds through the Municipal Operator Service Improvement Program ( MOSIP) for the continued operation of the Arcadia Transit dial -a -ride program. This allocation represents approximately 2.6% of the total Arcadia Transit budget, which allows the system to operate with transit specific funds instead of General Fund monies. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 6640 authorizing the City Manager to execute a Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority to receive Proposition C Funds for the Municipal Operator Service Improvement Program and to execute claims and necessary documents to receive operating funds for Arcadia Transit. Approved By: maw- p`""� Donald Penman, City Manager Attachment: 1. Resolution No. 6640, Proposition C MOSIP Funds RESOLUTION NO. 6640 A RESOLUTION OF THE CITY COUNCIL OF THE CITY ARCADIA, CALIFORNIA, EXECUTING A MEMORANDUM UNDERSTANDING WITH THE LOS ANGELES COUI METROPOLITAN TRANSPORTATION AUTHORITY TO RECE PROPOSITION C FUNDS FOR MUNICIPAL OPERATOR SERV IMPROVEMENT PROGRAM WHEREAS, on November 6, 1990, the voters of the County of approved Proposition C, an ordinance establishing a one -half percent public transit purposes; and WHEREAS, the Los Angeles County Metropolitan Transportati ( "LACMTA "), is the agency responsible for administering the tax revenue; and WHEREAS, on April 26, 2001, the LACMTA Board of Di approved the creation of an ongoing municipal operator service im ( MOSIP) beginning FY 2002 to improve service to the transit dependent reducing overcrowding and expand services; and WHEREAS, the Board approved $17.9 million in Proposition Discretionary funds for the Municipal Operators Service Improvement ( "MOSIP ") for Fiscal Year 2007 -2008; and WHEREAS, the City of Arcadia is an eligible operator and desires to MOSIP funds in the amount of $57,352 for the Arcadia Transit dial -a -ride WHEREAS, the Arcadia City Council has adopted a budget for for Fiscal Year 2007 -2008 evidencing the need for financial assistance; and WHEREAS, the project will further LACMTA's goal of improved OF OF s Angeles ?s tax for Authority ( "Board ") t program tywide by C 40% Program 1�ceive the m; and is Transit i services and increased quality of life for its constituents. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council approves and authorizes the City Manager to execute Memoranda of Understanding with the LACMTA, in the form and substance as on file in the Office of the City Clerk and as approved by the City Attorney, to accept Proposition C MOSIP funds for FY2007- 2008: SECTION 2. The City Council authorizes and directs the City Manager or his /her designee to execute and file a claim with the LACMTA for local transportation funds in the amounts allocated by the countywide formula allocation process, and to take any and all necessary further actions and execute any and all necessary documents in order to receive such funds. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of August 2008. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: fir ; P. T\� City Attorney of the City of Arcadia -2- STAFF REPORT Public Works Services Department DATE: August 5, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services D Prepared by: Lubomir Tomaier, Principal Civil Engineer Mark Rynkiewicz, Associate Civil Engineer SUBJECT: ACCORDANCE WITH THE CONTRACT DOCUMENTS Recommendation: Approve SUMMARY On April 1, 2008, the City Council awarded a contract to American Asphalt E the amount of $374,376.50 for the construction of the 2007 -2008 Annual Project. The terms and conditions of this project have been complied with , has been performed to staff's satisfaction for a total project cost of $364,4 amount reflects the original contract amount of $374,376.50 minus quan totaling $9,894.24 or 3% below the original contract amount. th, Inc. in urry Seal the work 26. This changes Staff recommends that the City Council accept all work performed by American Asphalt South, Inc. as complete and authorize the final payment to be made in accordan a with the contract documents. DISCUSSION The Public Works Services Department is responsible for the maintenance a approximately 147 miles of pavement within the community. In 1999, as Pavement Management Program, staff prioritized the condition of all City established an eight (8) year slurry seal program to efficiently prolong the streets. The 2007/2008 Capital Improvement Program includes the Annual . Concrete Program for this work. The Department is scheduled to slurry seal aK 18 miles of City residential streets per year. The attachment is a map of the the work was performed for 2007 -2008. repair of rt of the ;ets and a of City halt and where Page 1 of 2 Mayor and City Council August 5, 2008 An asphalt slurry seal is a mixture of well - graded fine aggregate, emulsified asphalt and water applied to the street pavement as a surface treatment. It is designed for both preventive and corrective maintenance to older pavement surfaces where surface cracks and loss of surface material are evident. This process makes the pavement impermeable to air, water and improves skid resistance. To reduce the need for more costly maintenance or construction work in the future, this application is repeated once every eight years. The terms and conditions of this contract have been complied with and the work has been performed to staffs satisfaction. Therefore, staff recommends that the City Council accept all work performed by'American Asphalt South, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $36,448.23. The Slurry Seal Project is awarded on 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; such as, pavement surface texture, undulations, and indentations; therefore, the awarded contract amount and final contract amounts vary. The final contract amount has been determined to be $364,482.26. This amount reflects the original contract amount of $374,376.50 minus quantity changes totaling $9,894.24 or 3% below the original contract amount. ENVIRONMENTAL ANALYSIS This project is categorically exempt per Section 15301 (c) replacement from the requirements of the California Environmental Quality Act. FISCAL IMPACT Funds in the amount of $625,000 are budgeted in the 2007 -2008 Capital Improvement Program for the Annual Asphalt & Concrete Repair Program ($600,000) and ADA Sidewalk Access Program ($25,000). $191,359.00 has been spent on concrete repairs leaving a balance of $433,641.00 for this portion of the project. The remaining project balance will be returned to the Gas Tax fund balance. RECOMMENDATION 1. Accept all work performed by American Asphalt South, Inc. for the 2007 -2008 Annual Slurry Seal Project as complete. 2. Authorize final payment to be made in accordance with the contract documents, subject to a retention of $36,448.23. Approved by: �8► b- rL���w,�o. —� Donald Penman, City Manager PM:LT:jb Attachment Page 2 of 2 2007/2008 ANNUAL SLURRY SEAL PROJECT PROJECT LOCATION MAP ] � WORK AREA /r �t STAFF REPORT Development Services Department DATE: August 5, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director S4K Philip A. Wray, Deputy Director of Development Services��� Prepared by: Tim Kelleher, Senior Engineering Assistant SUBJECT: Acceptance — Project Recommendation: Accept all work performed by Gentry Brothers Inc. for the Street Rehabilitation of Westbound Huntington Drive from the Westerly City Limit to Baldwin Avenue and Sidewalk Gap Closure Project as complete and authorize the final payment to be made in accordance with the contract documents SUMMARY On May 20, 2008 the City Council awarded a contract to Gentry Brothers, nc, in the amount of $526,400 for the Street Rehabilitation of Westbound Huntington rive from the Westerly City Limit to Baldwin Avenue and Sidewalk Gap Closure Proj ct. There were three (3) change orders decreasing the total contract by $1,705.13. The terms and conditions of this project have been complied with and the rep ired work has been performed to staffs satisfaction for a final cost of $524,694.87 Staff is recommending that the City Council accept the project as complete and au horize the final payment in accordance with the approved contract documents. BACKGROUND Westbound Huntington Drive was identified by the City's Pavement M nagement System as a priority street to resurface. Also on the same street there was segment with no sidewalk forcing pedestrians to walk in the street or through private property. The City approved expenditures of $600,000 in Proposition C funds ard another $25,000 in Transportation Development Act (TDA) funds to construct both pro ects. Mayor and City Council Staff Report — Acceptance August 5, 2008 Page 2 Staff prepared plans and specifications, advertised the project, and opened bids on May 6, 2008. Gentry Brothers, Inc. was the low bid and was awarded the contract for $526,000 on May 20, 2008. Work began on June 9, 2008 and was substantially complete by June 27, 2008. DISCUSSION The objective of this project was to extend the serviceable life of the pavement and create a safe pedestrian passage. To this end, the top two inches of the existing asphalt pavement was ground off and replaced with a rubberized asphalt pavement. This process will seal the underlying road bed from moisture and air intrusion which cause premature failure. Previous to this project there were gaps between the existing sidewalk on the north side of Huntington Drive between Old Ranch Road and Golden West Drive. Pedestrians would either have to walk through private property or in the street. This project constructed 2,410 square feet of sidewalk linking the existing sidewalks. Staff designed the pavement to include a fibrous interlayer to reduce stresses that caused extensive deterioration to the number four lane. Typically the preferred method to resolve extensive pavement damage is to remove and replace the asphalt to subgrade. However, due to budget constraints removing the entire lane was not feasible. Therefore, staff opted for an alternative, less expensive method. Prior to construction of the new sidewalk, eight -foot high oleanders dominated the parkway. The oleanders were removed to accommodate the sidewalk. Removing the oleanders and simplifying the landscape with walkway and grass has improved the character of the streetscape. Work started on June 9, 2008 and was complete by June 27, 2008. There were three change orders that reduced the total construction contract by $1,705.13. The first change order was for $20,000 to do extra work adding landscaping and irrigation in the parkway. The second change order was to reconstruct and expand the bus stop concrete landing on westbound Huntington Drive at Centennial Way. The third change order adjusted the final bid item quantities to actual field measurements which was a reduction of $30,655.13. Staff was extremely pleased with the overall performance of the contractor. The project was completed in less than the specified contract time reducing inconvenience and saving administrative costs. Also, staff was happy with the quality of work delivered. Mayor and City Council Staff Report — Acceptance August 5, 2008 Page 3 ENVIRONMENTAL ANALYSIS The project is categorically exempt per Section 15301 Class 1(c) from the of the California Environmental Quality Act (CEQA). FISCAL IMPACT irements Funds in the amount of $600,000 from Proposition C funds and $25,000 from TDA funds were budgeted in the 2007 -08 Capital Improvement Program for this project. The total cost of this project was $543,694.87 comprised of $524,694.87 construction contract and $19,000.00 for preparation of plans, specifications, and contract administration. Funds are available to cover all costs. RECOMMENDATION That the City Council accepts all work performed by Gentry Brothe , Inc. as complete and authorizes the final payment to be made in accordanc with the contract documents. Approved: 'Z)Un--t�2 pe'� Donald Penman, City Manager JK:PAW:TOK:pa a) DE MvAmmulb 11 iiP --- ---- OR/ W ' CT ORIA _ST PAVEM T TA WESTFIELD SHOPPING HUNTINGTON I I s z Ig AVE Q J CITY OF ARCADIA WIB HUNTINGTON DRIVE STREET REHABILITATION AND SIDWALK GAP 0 CLOSURE D(:VrL0RMEW <CKVMES I M.C. . N. MVESION, I I I % C. ��t, li �clty � 1 STAFF REPORT Public Works Service Department DATE: August 5, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Direr or Prepared by: Tom Tait, Deputy Public Works Services Director Dave Thompson, Streets Superintendent SUBJECT: Recommendation: Approve SUMMARY On September 7, 2004, the City Council awarded a one (1) year contract to CLS Landscape Management Inc. (CLS) with optional contract extensions to perform tree - trimming maintenance services for the City. CLS is reaching the end of their third contract extension and has submitted a written offer to extend the existing contract for an additional one (1) year. The contractor's offer of extension reflects a 3/o Cost of Living Adjustment (COLA) to help offset the increasing costs of fuel and operations. All other conditions of the agreement will remain in effect. The total amount oft a contract also includes $25,000 for Crown Restoration of large majestic trees which i a Capital Improvement Project. Based on the excellent level of tree trimming services provided by LS, staff recommends that the City Council award a one (1) year contract extens, n to CLS Landscape Management Inc. for tree trimming maintenance services in the mount of $309,000. DISCUSSION The Public Works Services Department is responsible for the care and main nance of approximately 17,000 trees located in City parks, right -of -ways, medians, and public facilities throughout the City. Currently, CLS is the contractor responsible fo following the Grid Tree - Trimming Program. This program is intended to provide a fot r (4) year tree trimming cycle where all trees in the City are trimmed at least once eve Y four (4) years. City crews mainly respond to the vast amounts of service requestE from the residents as well as aid in the daily care and maintenance of trees in the City. City Page 1 of 2 Mayor and City Council August 5, 2008 crews in conjunction with CLS work to provide the general upkeep of the existing tree stock, mitigate immediate public safety hazards, and allow for minimal tree replacement. Many of the existing large Stone Pine and Ash trees are losing limbs due to the age of the trees. As a result, the City Council approved a $25,000 Capital Improvement Project (CIP) for Crown Restoration. This is a pruning method that would help alleviate the loss of large limbs and preserve the health of the large aging trees. Crown restoration would also reduce the potential for legal claims due to large tree limbs falling. Additionally, this pro - active approach would cut down on potential legal claims, and give residents comfort that these trees are being trimmed in proper manner. CLS has agreed to perform the Crown Restoration CIP as part of this year's contract extension in the amount of $25,000, which is included in the contract amount. CLS has the expertise and experience in performing crown restorations properly for the City. CLS has submitted a written offer to extend the existing contract with a 3% COLA for 2008 -09. The requested COLA increase is due to the fact that all of the tree trimming and disposal equipment are completely dependent on gasoline powered engines; staff is recommending the contract extension with the suggested 3% adjustment in rates. The contract amount also includes additional funds for emergency assistance to remove trees or tree limbs in the event of a windstorm or other natural disaster. Staff recommends that the City Council award a one (1) year contract extension to CLS Landscape Management Inc. for tree trimming maintenance services in the amount of $309,000. FISCAL IMPACT Sufficient funds are available in the 2008 -09 Operating Budget for annual tree trimming maintenance services in the amount of $285,000. Additionally, $25,000 is budgeted in the Capital Improvement Project budget for tree crown restoration. RECOMMENDATION 1. Award a one (1) year contract extension in the amount of $309,000 to CLS Landscape Management Inc. for tree trimming maintenance services. 2. Authorize the City Manager and City Clerk to execute a contract extension in a form approved by the City Attorney. Approved by: 4" Donald Penman, City Manager PM:TT:DT:jb Page 2 of 2 `t STAFF REPORT DATE: August 5, 2008 TO: Mayor and City Council Public Works Services FROM: Pat Malloy, Assistant City Manager /Public Works Services Di SUBJECT: Approve SUMMARY Staff is recommending that the City Council award a purchase order Clippenger Fleet Sales for the purchase of one (1) 2008 Police Edition Che in the amount of $36,600. Funds in the amount of $37,000 have been I 'act to Tahoe ted for vehicle acquisition. Funds in the amount of $3,000 for emergency lighting, telecommunication equipment, and other police outfitting for the Tahoe have Iso been budgeted in the 2008 -09 Equipment Replacement Budget. DISCUSSION One (1) 2008 Police Edition Chevrolet Tahoe will be purchased to replace one (1) 2001 Chevrolet Tahoe that has high mileage and meets the City Vehicle Replacement Criteria schedule for Sport Utility vehicles. The total amount to purchase on (1) new Chevrolet Tahoe is $36,600. An additional $3,000 has been budgeted in the 2008 -09 Equipment Replacement Budget to equip the Tahoe with tire safety bands, r ush bar, fueling transmitter packages and contracted installation of all emergency and telecommunication equipment. Staff investigated cooperative purchase agreements (also know as "piggy-backing") with other larger municipalities for vehicles with specifications that are equal to or greater than the City of Arcadia's. The County of Los Angeles Sheriff Department, in cooperation with Clippenger Fleet Sales, has authorized the City of Arcadia to receive the same price as their purchase order for the 2008 Chevrolet Tahoe. This benefits the City by allowing the purchase of this vehicle at a low competitive price per unit. Page 1 of 2 Mayor and City Council August 5, 2008 Staff has determined that this vendor is a qualified company providing vehicles that meet City specifications and therefore, recommends that the City Council award a purchase order to Clippenger Fleet Sales for the purchase of one (1) 2008 Police Edition Chevrolet Tahoe in the amount of $36,600. FISCAL IMPACT Funds in the amount of $40,000 have been budgeted in the 2008 -09 Equipment Replacement Fund to purchase and equip the vehicle. RECOMMENDATION 1. Approve the purchase of one (1) 2008 Police Pursuit Chevrolet Tahoe unit from Clippenger Fleet Sales in the amount of $36,600. 2. Waive the formal bidding process and authorize a cooperative purchase agreement with Clippenger Fleet Sales using the Los Angeles County Sheriff Department 2008 purchase order unit price. Approved by: Oe - n&GS' Donald Penman, City Manager PM:jb Page 2 of 2 STAFF REPORT Police DATE: August 5, 2008 TO: Mayor and Members of the City Council FROM: Robert P. Sanderson, Chief of Po i By: Paul Foley, Lieutenant Nancy Chik, Managem nt Anal s SUBJECT: Automated License Plate Recognition System for the wouce Uepart Recommendation: Waive the formal bid process and app purchase and installation of four automated license plate re systems into patrol vehicles from PIPS Technology, Inc. in the E $142,827.33 by utilizing Asset Seizure Forfeiture Funds. SUMMARY Staff recommends that the City Council approve the purchase of four License Plate Recognition (ALPR) systems to be installed into patrol vehicles Technology. The ALPR system will enhance police officers' abilities to comt activities in the City and enhance productivity. Asset Seizure Forfeiture fu used for this project. BACKGROUND Department rove the cognition mount of itomated om PIPS t criminal Is will be For the past two years, staff has been monitoring a new technology called A tomated License Plate Recognition (ALPR). ALPR is rapidly growing as an effecti a tool to combat criminal activity, enhance productivity, and improve officer safety. The ALPR system consists of three to four infrared cameras mounted to the roof of a patrol car, and the cameras automatically capture license plates from vehicles that drive by the patrol car and those that are parked on the streets and in parking lots. The cameras use advanced Optical Character Recognition (OCR) and then translate the captured images into text, which is instantly processed by an on -board computer databa e. Once the license plate is processed, the officer operating the ALPR is noti ed within seconds of the following possible applications: stolen vehicle; identification of vehicles connected to wanted felons, amber alerts, or any other search criteria seen fit for the Arcadia Police Department. The system retains the captured license plates and photographs of every vehicle it "sees." For example, if the ALPR system recorded a license plate in March while it was parked in the driveway of a house, the system would retain the GPS coordinates of the location as well as a digital photograph of the vehicle. If that same vehicle were used in a serious crime in June when the suspect vehicle's license plate was entered into the database, the system would immediately alert the officer with a digital photo image of the vehicle and illustrated pinpoint mapping of the exact location where it was previously parked. The system also serves as a force multiplier. A very busy officer during the course of a 12 -hour shift may manually enter 100 to 200 license plates per shift, while the ALPR system easily captures and records 3,000 to 4,000 plates in the same time and with no physical effort from the officer. DISCUSSION The Arcadia Police Department has reviewed the research that has been conducted by the California Highway Patrol concerning the manufacturers of ALPR systems. It became clear from the research that one manufacturer, PIPS Technology, which has an ALPR system referred to as PAGIS, meets the following criterion that suits the needs of the City of Arcadia: 1. Maintain a company headquarters or office in the Southern California area. 2. Have. well documented use in the San Gabriel Valley. and Los Angeles County area - 3. Provide evidence of formal testing with specific standards of performance that have been met. 4. Be the primary manufacturer of the main components (hardware and software) of its own system (design, build, sell, and support), rather than a distributor of sorts, assembling a product that consists of components from various other manufacturers with some based in other countries. a. Additionally, the ALPR system should be the manufacturer's primary business or product, rather than a collateral product line amongst hundreds of other products. 5. The ALPR system should have State (California) specific read databases to increase accuracy and avoid mistaken positive hits, thus preventing execution of high -risk stop tactics on vehicles that are not wanted or stolen. 6. The system software must allow for data sharing with other law enforcement agencies. The more agencies that use the same system, the more effective each individual system can be through data sharing. PIPS Technology has an area office located in Anaheim, California in v r O 80 law enforcement agencies in California are either using the systems or in the rocess of purchasing the PIPS ALPR, and the number of agencies are increasing on a weekly basis. It is currently being used by many Southern California law en orcement agencies, including: Long Beach, Beverly Hills, Burbank, Glendale, La Verne, San Gabriel, West Covina, Riverside County Sheriffs, Los Angeles County Sheriff , and the California Highway Patrol. Three other San Gabriel Valley police agencies ar d the Los Angeles Police Department are currently in the process of acquiring the same pystem. PIPS Technology has demonstrated favorable performance results in sev ral case studies from the Long Beach Police Department and the California Highway Patrol. For example, the Long Beach Police Department deployed 4 PIPS systems and in the first 6 months had the following results: 1.4 million plates read, 929 lost or stolen plates identified, 275 vehicles recovered, and 50 arrests. PIPS Technology is the most experienced ALPR vendor in the industry stems to 1993. ALPR systems are the only product PIPS handles and they are th Equipment Manufacturer (OEM), which means that all PIPS related ALPR eq produced by PIPS. The company designs, builds, sells, and supports their pn it is the only vendor that utilizes State specific ALPR read databases, th increasing plate read accuracy. PIPS has also coordinated with the Department of Justice to ensure the accuracy in order to avoid mistaken searching the specific read databases. PIPS Technology's back office software is designed for the sharing of A among agencies that deploy the same system. Because so many local California agencies are using the PIPS system, the information sharing wouk greater than that of other systems. The more information is shared (hot sh wanted lists, etc.) the more effective the system is. Currently, PIPS is the ( vendor that provides the capability to share data with other Los Angeles C enforcement agencies. This capability coincides with the County's e regionalize the records management systems of all law enforcement agencie a data sharing network named "Coplink ". PIPS Technology has also passed a rigorous 5- protocol day and night testing by the CHP with successful capture and plate interpretation rates of 92% c speeds up to 110 miles per hour in various conditions that simulate the i enforcement environment. Staff has reviewed recent research conducted by the Scottsdale Arizor Department, where five different ALPR vendors were tested by the City of IC personnel. The five ALPR's tested were Vigilant Video, Gentetic Autov Platescan, Remington Elsag, and PIPS Technology. Scottsdale ultimately purchase the PIPS ALPR system due to its superior performance compared to four vendors. The other four ALPR's were disregarded for a number of rea included: the vendor had no current ALPR in use by law enforcement, no b ng back Original >ment is uct, and greatly when PR data be much ats, local fly ALPR runty law :empt to , through ure I at law Police Civica )se to other is that office system to store information, poor electronic hardware that failed during the, testing, and none of the systems could match PIPS' accuracy rate of 92 %. The closest system was Civica Platescan that could only achieve 74% accuracy. Based on staffs collective research, PIPS Technology is the only company that meets and/or exceeds all of the specified criterion. PIPS also lacks many of the problematic or negative aspects of other ALPR systems. Therefore, staff recommends waiving the formal bid process and approve the purchase of the ALPR PAGIS units from PIPS Technology. The total cost to purchase and install four PIPS ALPR PAGIS units will be $142,827.33. The cost will also include an extended service maintenance agreement and for upgrades and improvements. FISCAL IMPACT The expenditure of $142,827.33 of Asset Seizure Funds has no impact upon the General Fund of the City. RECOMMENDATION Waive the formal bid process and approve the purchase and installation of four automated license plate recognition systems into patrol vehicles from PIPS Technology, inc. in the amount, of ,$142,827.33 ,by : utilizing Asset. Seizure Forfeiture Funds. Approved: —D a - ri cn�.� Don Penman, City Manager STAFF REPORT Development Service Department DATE: AUgL st 5, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Directors Philip A. Wray, Deputy Director of Development Services SUBJECT: Professional Services Agreement — Design Engineering Se vices for Wilderness Park Access Road Proiect Recommendation: Authorize the City Manager to enter into a P ofessional Service Agreement with MEA Forensic Engineers & Scientists or design engineering services in the amount of $54,800 and authorize a ten (10 %) percent contingency should additional services be necessary SUMMARY During the heavy rainstorms of January 2005, the rear yard slope at 2248 High and Oaks Drive failed, causing a landslide onto the adjacent Wilderness Park Access Road below. The property owner sued the City over the slope failure. After several years of litigation between the property owner and the City, a settlement agreement was reached in July 2008. As part of the agreement, the City agreed to build a retaining wall structure and restore the slope. Through the litigation process, MEA Forensic Engineers and Scientists, Inc. (MEA) assisted the City in the review and assessment of damages and the preparation of a scop of repair and restoration. MEA proposed a retaining wall structure to protect both the private property and the City's park access road. MEA provided the City with a pr posal for engineering services to design the wall and the slope grading and drainage. Staff recommends entering into a Professional Service Agreement with MEA Forensic Engineers & Scientists, Inc. for engineering services in the amount of $5 ,800 and authorizing a ten (10 %) percent contingency for any additional services as necess ry. BACKGROUND Wilderness Park Access Road was constructed in 1957 as part of the developrnent of the park. At the same time, the subdivision adjacent to the park was developed which included Highland Oaks Drive and the houses adjacent to the park access road. Through ut the fifty Staff Report August 5, 2008 Page 2 years of its existence, the park access road has experienced occasional minor rock fall and mud slides. In January of 2005, heavy rainstorms caused the slope in the rear yard at 2248 Highland Oaks Drive to fail creating a landslide of material onto the Wilderness Park Access Road. Subsequent to the rainstorms, the owner of the property at 2248 Highland Oaks Drive sued the City over the slope failure. The City retained the services of MEA Forensic Engineers and Scientists, Inc. to assist the City in the review and assessment of damages and the preparation of a scope of repair and restoration. DISCUSSION MEA proposed a retaining wall to protect both the private property and the road. The wall consists of steel "I" beams placed 10 feet apart with wood lagging in between. In addition to the retaining wall, MEA proposed restoring the slope above the retaining wall at a more gradual grade of a 2:1 ratio, which is the maximum allowed by current code. The slope restoration includes a drainage system to safely convey the drainage from the top of slope down to the roadway and beyond. In July of 2008, a settlement agreement was reached with the property owner for the proposed improvements. The City agreed to build the retaining wall structure and restore the slope with the drainage system. MEA has provided the City with a proposal for the design of the improvements in the amount of $54,800. FISCAL IMPACT The 2008/09 Fiscal Year Capital Improvement Program includes a project to construct a retaining wall and restore the slope at 2248 Highland Oaks Drive adjacent to the Wilderness Park Access Road with a budget of $450,000. The budget is intended to include all design costs. RECOMMENDATION It is recommended that the City Council authorize the City Manager to enter into a Professional Service Agreement with MEA Forensic Engineers & Scientists for design engineering services for the Wilderness Park Access Road Project in the amount of $54,800 and authorize a ten (10 %) percent contingency should additional services be necessary Approved By: DJr-a4O R i Donald Penman, City Manager J K: PAW:pa J STAFF RE 0RT Public Works Service Department DATE: August 5, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Direc r Prepared by: Tom Tait, Deputy Public Works Services Director SUBJECT: Recommendation: Adopt SUMMARY After two years of below average rain fall, low snowmelt runoff and a cou - ordered restriction on water transfers, California Governor Schwarzenegger proclaimed a statewide drought and issued an Executive Order effective immediately to ac dress the situation on June 4, 2008. In response to the statewide drought and before he City is required to enforce mandatory water conservation, staff recommends tha the City Council adopt Resolution No. 6637 formally implementing a volunta Water Conservation Program to reduce water consumption in the City by ten percent. BACKGROUND The City of Arcadia is dependent on three (3) main sources of water two (2) groundwater basins (Raymond Basin and Main San Gabriel Basin) and Metropolitan Water District (MWD). Due to the drought in Southern California and over pumping of the groundwater basins by local water purveyors, groundwater levels are low, which has an affect on water wells being able to meet system demands. As a result, the City must be prepared to purchase higher priced water from MWD. Additionally, MWD's main sources of water are also depleting as a result of a an eight (8) year drought along the Colorado River and court ordered pumping restrictions on the California Delta to protect the endangered Smelt fish. This may become a ong term problem and Californian's must be prepared to deal with a diminishing supply and a higher cost of water. MWD has already announced that the cost of imported water will Page 1 of 3 Mayor and City Council August 5, 2008 increase 14.3% on July 1, 2009. Additionally, MWD has informed the Main San Gabriel Basin Watermaster that replenishment water may not be available, depending on drought conditions. The City of Arcadia is dependent on replenishment water to make up for over - pumping in the Main San Gabriel Basin. The City has used this resource to meet our water demands since Watermaster was formed in 1972. DISCUSSION On June 4, 2008, Governor Schwarzenegger proclaimed a statewide drought and issued an Executive Order effective immediately to address the situation. One week later, on June 10, 2008, MWD declared a Water Supply Alert in Southern California in order to preserve the region's water storage reserves. MWD has asked water agencies to adopt and enforce a drought ordinance to increase water conservation awareness by reducing water use and eliminating waste. In light of the current regional situation, a water supply shortage in Arcadia is imminent. Staff is recommending that the City Council adopt Resolution No. 6637 implementing a voluntary water conservation program to reduce water consumption in the City by ten percent in cooperation with MWD's request to address current drought conditions in Southern California. The duration of the voluntary water conservation phase could last through the winter months during which staff would evaluate whether mandatory conservation will be required depending on the amount of rainfall and the water levels in the groundwater basins. The voluntary water conservation program will entail an aggressive public education campaign utilizing media sources such as the internet, newspaper, newsletter, and the water bills. Staff intends to work with schools, residents and businesses to make sure the public is aware of the voluntary water conservation program. Advertisements and educational brochures will provide the community with strategies to conserve water in order to achieve the ten percent reduction in water use desired. Progress will be monitored by City staff to make sure that public outreach efforts are effective and that the City is attaining the ten percent reduction goal. If water conditions worsen in the State and elsewhere from which the City obtains its water supplies staff may return to City Council with a recommendation to re- implement Arcadia's Water Conservation Plan (Plan), which was adopted in 1991. The Plan was intended for the conservation of available water supply to minimize the adverse impacts of a water supply shortage or other water supply emergency conditions. Staff has reviewed the Plan to ensure that it will meet today's needs and will provide adequate measures to protect the community. Page 2 of 3 Mayor and City Council August 5, 2008 ENVIRONMENTAL IMPACT Voluntary water conservation will soften the impact of a water shortage it drought conditions worsen in 2009 and will help prepare our community for the next ph se in the event mandatory water conservation becomes a reality. RECOMMENDATION Adopt Resolution No. 6637 implementing a voluntary Water ( Program to reduce water consumption in the City by ten (90) percent. Approved by: PM:TT Donald Penman, City Man Page 3 of 3 RESOLUTION NO. 6637 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, IMPLEMENTING A VOLUNTARY WATER CONSERVATION TO REDUCE WATER CONSUMPTION IN THE CITY BY TEN (10 %) PERCENT WHEREAS, the Governor of the State of California proclaimed a statewide drought on June 4, 2008 and issued an Executive Order directing all state agencies and departments to take immediate action to address the serious drought conditions and water delivery reductions; and WHEREAS, the Metropolitan Water District declared a Water Supply Alert in Southern California in order to preserve the region's water storage reserves on June 10, 2008 and has asked water agencies to adopt and enforce a drought measures to increase water conservation awareness by reducing water use and eliminating waste; and WHEREAS, after two (2) years of below average rain fall, low snowmelt runoff and a court - ordered restriction on water transfers, the City of Arcadia may face a water shortage in 2009; and WHEREAS, the City Council of the City of Arcadia has the power and authority to adopt water conservation measures within its City's boundaries. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1 1 SECTION 1. The Assistant City Manager /Public Works or his /her designee is authorized to implement a voluntary water conservation with the goal of reducing water use by ten (10 %) percent, to reduce the severity of water shortages should the drought continue in 2009. SECTION 2. An extensive publicity campaign will be public media to inform the public of the impending water shortage. The encouraged to voluntarily reduce water usage by ten (10 %) percent from period by adhering to the following guidelines: 1. Limit car washing; 2. Limit landscape watering to the minimum necessary for survive and reuse household water when possible; 3. Eliminate continuous running of water while shaving dishes; 4. Limit flushing of toilets by multiple usage; 5. Use biodegradable and/or disposable dishes; 6. Limit showers to four (4) minutes when possible; 7. Check plumbing, faucets, and toilets for leaks and repair 8. Wash full loads in clothes washers and dishwashers; 9. Use flow restriction and other water - saving devices where f Director )rogram, risk and A using shall be the base to rinsing 2 �J 10. Delay new landscape work until the water shortage has ended. SECTION 3. The City of Arcadia finds that a phased program beginning with voluntary measures to reduce consumption will best achieve the goal of conserving the water supply without causing unnecessary adverse economic consequences. SECTION 4. If voluntary measures do not achieve the goal of a ten (10 %) percent reduction in water use, or if drought conditions worsen, the City of Arcadia will consider the implementation of mandatory water conservation. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. Passed approved and adopted this day of 1 2008. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 1 0 I 1� • DATE: August 5, 2008 Development Services TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director, 57.,J< SUBJECT: removal of trash receptacles from streets Recommendation: Introduce SUMMARY At the June 17, 2008 meeting, the City Council directed staff to agendize th issue of how long trash bins and recycling bins may be left out in the parkway or public right -of- way. Currently the Municipal Code allows for bins to be placed out for pickup within twenty -four hours of collection and allows for bins to be in the right -of -way for no more than thirty -six consecutive hours. At the July 15, 2008 meeting the City Council discussed the issue and found that the Arcadia Municipal Code should be amended to include more enforceable time limits. Ordinance No. 2245 is proposed to amend the Arcadia Municipal Code to clear standards for the removal of trash containers from the right -of -way. DISCUSSION The City has requirements for the placement and removal of trash and recycli g bins in the public right -of -way. The Development Services Department, Code Services Division is responsible for regulation. Periodically, the City receives complaints from residents that certain households are not complying with these regulations by leaving their bins on the street for extended periods of time. In addition to the aesthetic issues this raises, trash and recycling bins in the street can also impede parking and lead to prob ems with street sweeping and cleaning. At the June 17, 2008 City Council meeting, in nswer to a resident's concerns, the Council asked that this issue be agendized f r further discussion. The Municipal Code currently lists the following regulations for placement an removal of bins: 5120.5.1. Garbage and refuse may be placed on a parkway within twenty -four (24) hours of the date and time specified by the Manager for the collection of such refuse by the City or Staff Report — August 5, 2008 Ordinance No. 2245 Page Two by any person under contract with the City for such collection if placed in containers or tied in bundles in accordance with the provisions of this Part. (Amended by Ord. 1517 adopted 2- 18 -75) 5120.5.2. REMOVAL Notwithstanding the provisions of Section 5120.5.1, no person shall permit any garbage, rubbish or refuse can, receptacle or container to remain on any public street, sidewalk or parkway adjacent to property owned or occupied by him for a period of thirty -six (36) consecutive hours or more. (Added by Ord. 1139 adopted 9- 19 -61) Based on these regulations, bins may be placed out for collection 24 hours before pickup and may not be left out for more than thirty -six consecutive hours. The intent of the Code language is that the cans must be removed by the evening of the day of trash collection. However, the way the Code is written does not necessarily state this and makes enforcement difficult as there is no finite time for removal. There are several potential options for modifications to the Code language and /or changes in enforcement that could be pursued. On July 15, 2008, the Council discussed this issue in open session. The Council found that the current ordinance was vague and difficult to administer and concluded that the language should be amended to provide clear and enforceable time frames. As a result, the Council concluded that all trash receptacles or containers must be removed from the public right of way by 5 a.m. on the day following trash collection. This provides Code Services with a clear time frame for establishing violations and also allows for street sweeping services to occur without the hindrance of receptacles in the street. Ordinance No. 2245 is presented to effectuate this change by modifying Sections 5120.3, 5120.5.1 and 5120.5.2 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 enforcement activities of the Development Services Department, Code Services Division. RECOMMENDATION That the City Council introduce Ordinance No. 2245 amending the Arcadia Municipal Code by limiting the time that trash receptacles may be left in the public right -of -way. Approved By: J)0"'0_ P"" Donald Penman City Manager Attachment: Ordinance No. 2245 ORDINANCE NO. 2245 AN ORDINANCE OF THE CITY COUNCIL OF THE OF ARCADIA, CALIFORNIA, AMENDING THE AR MUNICIPAL CODE CONCERNING REMOVAL OF RECEPTACLES FROM STREETS THE CITY COUNCIL OF THE CITY OF ARCADIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Article V, Chapter 1, Part 2, Section 5120. of the Arcadia Municipal Code is hereby amended to read in its entirety as "5120.3. SEGREGATION. To be collected by the City or by any person under contract with the City, residential refuse shall be placed in sturdy containers not exceeding a gross weight of sixty (60) pounds." SECTION 2. Article V, Chapter 1, Part 2, Section 5120.5.1 of the Arcadia Municipal Code is hereby amended to read in its entirety as folio s: "5120.5.1. SAME. EXCEPTION. Garbage and refuse may be planed on a parkway within twenty-four (24) hours prior to the date and time specifi�d by the Manager for the collection of such refuse by the City or by any person under contract with the City for such collection if placed in containers in accordance with the provisions of this Part." 1 SECTION 3. Article V, Chapter 1, Part 2, Section 5120.5.2 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "5120.5.2. 'SAME. SAME. REMOVAL. Notwithstanding the provisions of Section 5120.5.1, no person shall permit any garbage, rubbish or refuse can, receptacle or container to remain on any public street, sidewalk or parkway adjacent to property owned or occupied by that person past 5:00 a.m. on the day following collection." SECTION 4. The City Clerk shall certify to the adoption of this 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. This Ordinance shall take effect on the thirty-first (31 ") day after its adoption. Passed, approved and adopted this day of 11: Mayor of City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 2 STAFF REPORT Development August 5, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director 5�-K By: Jim Kasama, Community Development Administrator SUBJECT: Review of Planninq Commission Resolut No. 1774 — Recommended action: Concurrence with Planning Commission Department The Planning Commission adopted the attached resolution no. 1774 at their July 22, 2008 regular meeting disapproving a request for a Determination of Allowed Use by the Arcadia Teachers Association. The Planning Commission staff report (with attachments) and an excerpt from the minutes of their July 8, 2008 meeting are also attached. The Arcadia Teachers Association's request was submitted in response to the cenial of the Association's business license application to relocate to 126 E. Santa Clara Street (sae the Aerial Map attached to the Planning Commission staff report). The Association's request is for their office to be allowed to remain at an M -1 Planned Industrial District Zone property. Their request is detailed in the letter attached to the Planning Commission staff report. The opinion of the Development Services Department is that the M -1 Zone clearly tii of office uses allowed (a list is attached to the Planning Commission staff report) ai Arcadia Teachers Association to be allowed to have their office at 126 E. Santa either a text amendment or a zone change is necessary; either of which could be apr Planning Commission concurred with this opinion, but felt that neither a text amer zone change is warranted. The Commission voted 4 -0 to take no action, thus dis Association's request. Approved: �T Don Penman, City Manager Attachments: Planning Commission Resolution No. 1774 Planning Commission Staff Report with the following attachments: Aerial Map of 126 E. Santa Clara Street Letter from the Arcadia Teachers Association List of Permitted Uses in the M -1 Zone CEQA Document — Preliminary Exemption Assessment Photos of Subject Property Excerpt from the Minutes of the July 8, 2008 Planning Commission z the types that for the lara Street priate. The nent, nor a drovinq the RESOLUTION NO. 1774 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, DISAPPROVING A REQUEST FOR A DETERMINATON OF ALLOWED USE FOR OFFICE SPACE IN THE M -1 ZONE AT 126 EAST SANTA CLARA STREET. WHEREAS, a request for a determination of allowed use was submitted by the Arcadia Teachers Association on May 30, 2008 for their office at 126 East Santa Clara Street in the M -1 zone; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ( "CEQA "), and the State's CEQA Guidelines, the City of Arcadia prepared a Preliminary Exemption Assessment determining that this project does not require and is exempt from further environmental assessment because the project is a Class 1, Section 15301 Categorical Exemption for existing facilities; and WHEREAS, a public hearing was held by the Planning Commission on July 8, 2008, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report is true and correct. SECTION 2. This Commission finds: 1. That there is an inadequate amount of industrially zoned property in the City; 2. That non - industrial uses should not be deemed to be allowed in the M -1 zone; and 3. That any further studies or considerations to allow the office of the Arcadia Teachers Association at 126 East Santa Clara Street in the M -1 zone are not warranted. - 1 - 1774 SECTION 3. That for the foregoing reasons this disapproves the request for a determination that the office at 126 Clara Street is an allowed use in the M -1 zone. SECTION 4. The Secretary of the Planning Commission sl to the adoption of this Resolution. Passed, approved and adopted this 22nd day of July, 2008. Chairperson, Planning ATTEST: 2, Se ry, Planning Commission APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney emission Santa certify -2- 1774 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of Arcadia, hereby certify that the foregoing Resolution No. 1774 was passed and adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Planning Commission held on the 22nd day of July, 2008 and that said Resolution was adopted by the following vote, to wit: AYES: Commissioners Baderian, Baerg, Hsu, and Parrille NOES: None ABSTAIN: Commissioner Beranek STAFF (PORT Development: Services Department July 8, 2008 TO: Arcadia Planning Commission FROM: Jim Kasama, Community Development Administrator SUBJECT: Determination that office space for the Arcadia Teachers Ass ciation be considered an allowed use in the M -1 Zone at 126 E. Santa Cla a Street SUMMARY This request was submitted by the Arcadia Teachers Association in resp nse to the denial of their business license application to relocate to 126 E. Santa Cla a Street — see the attached Aerial Map. The request is that the office for the Arcadia Teachers Association be allowe to remain at an M -1 Planned Industrial District Zone property. The Association's request is detailed in the attached letter. The opinion of the Development Services Department is that the M -1 Planned Industrial District Zone clearly limits the types of office uses allowed, and that forte Arcadia Teachers Association to be allowed to have their office at 126 E. Santa Cl ra Street, either a text amendment or a zone change is necessary. PROPOSAL AND ANALYSIS As explained in the Association's letter, the application for a business li ense was denied because the new location is at an M -1 Planned Industrial District Zon property, which does not allow for general offices. The Association submitted t is request because the M -1 Planned Industrial District Zone allows offices for Arc itects and Engineers (Section 9266.1.1) and for Governmental Offices (Section 9266 1.4). The Uses Permitted in the M -1 Planned Industrial District Zone are listed un er Section 9266.1 et seq. A copy of these Sections is attached. Section 9213 of the Zoning Ordinance provides the following: If any "use" is for any reason omitted from the lists of those specified as permissible in. each of the various zones herein designated, or if ambiguity arises concerning the appropriate classification of a particular use ... it shall be the duty of the Planning Commission to ascertain all pertinent facts concerning said use and by resolution of record set forth its findings and reasons therefor. Such findings and resolutions shall be referred to the Council and, if approved by the Council, thereafter such interpretation shall govern. This Section is an antiquated provision of the Zoning Regulations, and is in conflict with current State Planning and Zoning laws. While this Section and its process can be utilized to clarify minor ambiguities, it is not an appropriate process for adding to, or expanding upon the permitted uses within a zone. The correct procedure to add office uses to the list of permitted uses in the M -1 Planned Industrial District Zone so that the Arcadia Teachers Association's office may remain at 126 E. Santa Clara Street is a properly noticed Text Amendment. The other process that could allow the Arcadia Teachers Association's office to remain at 126 E. Santa Clara Street is to change the zoning of the subject property. The following zones include general offices as permitted uses: C -O Professional Office Zone C -1 Limited Commercial Zone C -2 General Commercial Zone C -M Commercial- Manufacturing Zone CBD Central Business District Zone CPD -1 Commercial Planned Development -1 Zone The Development Services Department is not sure whether a text amendment or a zone change would be a good solution in this case. The Development Services Department does not want to allow general office uses in the M -1 Planned Industrial District Zones because locations for industrial uses in the City of Arcadia are very limited, and a zone change of just the subject property may be an inappropriate case of spot-zoning. Provided that the Commission determines and the City Council agrees that a text amendment or zone change is warranted, the Development Services Department would like to further examine these alternatives on behalf of the Arcadia Teachers Association. It may be possible to craft a narrow text amendment so that only a few additional types of office uses like the Association's would be allowed in the M -1 Planned Industrial District Zone, or a zone change of the properties that front on this Arcadia Teachers Association 126 E. Santa Clara Street July 8, 2008 Page 2 of 3 block of East Santa Clara Street might be appropriate because the areas and west of this block are zoned for commercial uses. ENVIRONMENTAL ANALYSIS Pursuant to the provisions of the California Environmental Quality Act ( Development Services Department has prepared a Preliminary Exemption P finding that the proposed project is a Class 1 Categorical Exemption ur Guidelines Section ,15301, which consists of the operation, repair, m� permitting, leasing, licensing, or minor alterations of existing public or private facilities, mechanical equipment, or topographical features, involving negli expansion of use beyond that existing at the time of the lead agency's detern RECOMMENDATION If the Planning Commission is of the opinion that the Arcadia Teachers office should be allowed to remain at 126 E. Santa Clara Street; and that ei Planned Industrial District Zone regulations should be amended, or that suitable for a zone change, the Development Services Department recor the Planning Commission direct staff to prepare the appropriate resolution t the City Council. PLANNING COMMISSION ACTION The Planning Commission should move to direct staff to prepare a adoption at the next meeting that incorporates the categorical exem Commission's findings, and reasons for the decisions. If any Planning Commissioner, or other interested party has any questions or regarding this matter prior to the July 8th meeting, please contact Jim Kasan 574 -5423 orjkasama @ci.arcadia.ca.us. Attachments: Aerial Map Letter from the Arcadia Teachers Association M -1 Permitted Uses Preliminary Exemption Assessment Photos of the subject property the east the er CEQA ructures, ,le or no ation. ;r the M -1 is area is ends that referral to ition for and the mments at (626) Arcadia Teacher Association 126 E. Santa Clara Street July 8, 2008 Page 3 of 3 ✓srd p�. - LwF o to r � .rn ". "'�µ C IA ��Y 4� � �1 'x� AF3 _'It � � ♦ � � k3� `pp 11 Vr ! r Y 'v,, ",r w E ^�sS, "' �, l ' i � x « F , • 0+� r m '-'� u �S +� I +- 77 ( ^' 1 7 lvn Aff 7 ` 7 5 {� m X •i.i r } Va z y'a � t i 4' r [w_ 1 � � tP _ 8'�.� ��^{� qq d N ��� LL �,��' ,.s� 4 y� ^q!'�xl ''� ' �x {y� tip' � � 1. ,, " >�� y _ •� a e !� t a d 1 ?, , • 3 J� . t Y �"^�.*. t �Nw IrisY) yf.L 1 pn Cc.> fq l ► h +�,'�1 �y v � w r�", ,,,,, �- L I � t R� F F`x li h 7 ' i � r �A w C °°b 4� r� �� �' �� � '�' x � i e t � �F, �F �s � E ? F � w 40 n F�v 4 1 � `x p, 1 � P x i>U Y +' + t ''. � �]�,°♦a � /�� � "p r51� w r '�� j 'ru` , a� t. lF« .r�k �� d � >u "G c i „D "Y •'� , �1. ,,� "t n4 5 v � � � 1 ��- -0r�`w �"y � t S't � t �" 4. i3 '4 jg �b� ' � � x � � �k "� na�•5���. _ _ xla�• lo .F `� ; .t r ' r ��"} � 1 , YL¢4� 'r2 "� X {T� ��1_��M`Fe�' d F n N ��,,, ;i �.n�4 �� E�' �.�� d.,t�4,iv nit 1-.+ J z l �M n �. ,� ix dks�- ;Tr -:3 ..;h �x ♦ ' \ E .. i. . jv""J. Y. 4.a e� ,d ,.{', . J f•uc�'Le: h �GPpkP.tSACHERSAS% 126 E. Santa Clara Street p Arcadia, CA 91006 (626) 574 -9609 ata @ausd.net � u' .Lb Mr. Jim Kasama Comm. Development Administrator City of Arcadia 6fGY $ C 1000 240 W. Huntington Drive PO BOX 60021 'tS'ltiill +G Arcadia, CA 91066-6021 RE: Denial of Business License 043098 Arcadia Teachers Association Mr. Kasama, Arcadia Planning Commission & Arcadia City Council, Let it be known that Arcadia Teachers Association (ATA) filed articles of incorporation wi h the State of California in 1963. ATA has always had an office in the city of Arcadia since their incorpo ation, at several locations, but never had a business license until I contacted the city in 2003 when I ecame the office manager for ATA. The city recommendation at that time for ATA as a non -profit ass ciation located within the city limits was to apply for a license and there is no `fee' required. The fling was done and a license was issued to ATA for the first time. Because of new ownership and escalating rental fees, ATA was forced to seek another location for their office this year after 20 years at 735 W. Duarte Rd, Suite 202, Arcadia. After exhausting their search for affordable office space in the city of Arcadia, ATA rented a 300 sq ft office at 126 E. Santa Clara Street, Arcadia from Link Industrial. As a non -profit association representing 450 teachers in the AUSD, ATA has an Executive and a Representative Council of 35 teachers who meet once each month at the Arcadia Cha Conference room. ATA employs one part-time office manager who works 15 hours maxim in the ATA office. ATA is requesting a review of the denial of their new business license application submitt the move to 126 E. Santa Clara Street. ATA is requesting for a review of the M -I planned District Zoning of that office and ATA is requesting to be allowed to remain in their new would like to add that the currently zoned M -1 area does allow offices for architects and e State and /or Federal government officials. The ATA office is 300 sq ft and was rented bec part-time needs of the ATA employee and the budget of the Association. The California T Association Regional One office in Monrovia approved the office space. If the review by the Arcadia Planning Dept and the Arcadia City Council does not change Denial of Business License 043098, ATA will be forced to move from 126 E. Santa Clara possibly relocate to a neighboring city as the rental rates in Arcadia are no longer affordat budget. It would be unfortunate for the teachers of ATA to loose their visible presence in they teach. Thank you for your re- consideration, of 10 per week because of on. ATA ers, and it fits the e decision of Teet and for the ATA city where Cindy Stewart, ATA President Helen Dahlstrom, ATA Office Manager M -1 PLANNED INDUSTRIAL DISTRICT ZONE 9266.1. USES PERMITTED. No building or land shall be used and no building shall be hereafter erected, constructed or established, except for the uses specified and such other uses as the City Council may deem to be included in the following subsections. (Amended by Ord. 1664 adopted 1- 16 -79) 9266.1.1. SAME. Architects and Engineers. (Amended by Ord. 1254 adopted 8- 18 -64) 9266.1.2. SAME. Emergency Hospitals, Clinics. (Amended by Ord. 1264 adopted 8- 18 -64) 9266.1.3. GAME MACHINES. No more than seven (7) game machines shall be considered as an accessory use in each eating establishment and restaurant. (Added by Ord. 1763 adopted 2- 15 -83) 9266.1.4. GOVERNMENTAL OFFICES. Local offices for elected State and /or Federal governmental officials. The number of required parking spaces for such uses shall be the same as required for an industrial use of the same square footage. (Added by Ord. 1869 adopted 8- 18 -87) 9266.1.5. INCIDENTAL OFFICE AREA. Not more than twenty -five percent (25 %) of the floor area of a building utilized for a business engaged in the processing, assembling, manufacturing, warehousing or storing of products or merchandise may be set aside for office space for the industrial use. EXCEPTION: If the floor area set aside for the office space is in excess of twenty -five percent (25 %), the required parking for the additional area will be calculated at a ratio of four (4) spaces per one thousand (1,000) square feet or fraction thereof of additional floor area. (Former Section was repealed by Ord. 1372 adopted 1 -6 -68 and a new Section was added by Ord. 1874 adopted 1 -5 -88) 9266.1.6. SAME. Maintenance Services. (Amended by Ord. 1254 adopted 8- 18 -64) 9266.1.7. SAME. Supply Houses. (Amended by Ord. 1254 adopted 8- 18 -64) 9266.1.8. SAME. Any business engaged in processing, assembling, manufacturing warehousing or storing of products or merchandise which complies with the regulations and performance standards of this Division in addition to all regulations and performance standards that may be specified for another Zone in which such use is specifically permitted by this Article. In cases of duplication of regulations or performance standards, the more restrictive regulation or standard shall apply. (Amended by Ord. 1254 adopted 8- 18 -64) 9266.1.9. ACCESSORY BUILDINGS. Accessory buildings and uses customarily included within any of the uses specified in this Part when located on the same site. (Amended by Ord. 1254 adopted 8- 18 -64) PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Determination that office space for the Arcadia Teachers Association be considered an allowed Zone at 126 E. Santa Clara Street 2. Project Location — Identify street address and cross streets or attach a map showing project site: (preferably a USGS 15' or 7%d topographical map identified by quadrangle name) - 126 E. Santa Clara Street between N. First Avenue and N. Second Avenue 3. Entity or person undertaking project: A. B. Other (Private) (1) Arcadia Teachers Association (2) 126 E. Santa Clara Street, Arcadia, CA 91006 (3) (626) 574 -9609 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accore City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has this project does not require further environmental assessment because: a. [ ] The proposed action does not constitute a project under CEQA. b. [ ] The project is a Ministerial Project. C. [ ] The project is an Emergency Project. d. [ ] The project constitutes a feasibility or planning study. e. [X] The project is categorically exempt. Applicable Exemption Class: 1 Section No.: 15301 f. [ ] The project is statutorily exempt. Applicable Exemption: Section No.: g. [ ] The project is otherwise exempt on the following basis: h. [ ] The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: June 16, 2006 Staff: in the M -1 with the ded that CEQA Preliminary Exemption Assessment (Form "A ") 6106 126 E. Santa Clara Street The following is an excerpt from the minutes of the July 8, 2008, Planning meeting. CONSENT ITEMS Due to a conflict of interest on the first item, Chairman Beranek left the Chambers and Vice Chairman Parrille assumed the Chair. 1. DETERMINATION OF USE 126 E. Santa Clara St. Arcadia Teachers Association Determination that office space for the Arcadia Teachers Association be an allowed use in the M -1 Zone. Jim Kasama presented the staff report. Chairman Pro Tempore Parrille asked if a vote was required on this type f issue. Mr. Kasama said that no vote is requried but that staff would prepare a Re olution based on the determination of the Planning Commission. Commissioner Baderian asked what factors should be considered to determine whether a Text Amendment or a Zone Change would be more appropriate. Mr. Kasama said that a Text Amendment could be used to allow general offices in the M -1 zone but whether it would be possible to limit that to the Association's type of office is questionable. A Zone Change would mean changing the zoning to one that allows general offices. There are industrial uses in this area and it is generally not advisable to create a block of nonconforming uses by changing the I zoning. However, there is one transitional zone, the C -M, Commercial/Manufacturi g Zone, that allows a combination of commercial uses and very light industrial us This could be appropriate as there is commercial zoning on the blocks to the ast and west of this block. Mr. Kasama noted that properties zoned for industria use in Arcadia are quite limited and careful consideration should be given before r zoning those existing industrial properties. Commissioner Baderian asked about the timeframe required for a zone change. Mr. Kasama said that it would take a couple of months to research and p epare a recommendation for the Planning Commission, and then it would be pres nted to the City Council. Commissioner Baderian said that he is not in favor of recommending I a Text Amendment or Zone Change because of the limited commercial /industrial roperty in the city. Commissioner Hsu said that he visited the site and saw commercial property to the east and west of the site. He said that the placement of the site may warrant a zone change to Commercial to be consistent with the rest of the street. Commissioner Baerg said that he felt it was not a good use of city resources to implement a Text Amendment or Zone Change to accommodate a single tenant and that he was not aware of greater need for office space in the city. Commissioner Hsu asked if the Municipal Code requires a specific ratio of industrial space to commercial space within the city. Mr. Kasama said it does not, however, industrial uses are underrepresented because Arcadia is a desirable address and the types of rents limits the types of tennants. Commissioner Baderian noted that the Commissioners had two options, i.e., recommend a Text Amendment or Zone Change, or make no recommendation at all. Chairman Pro Tempore Parrille called for a motion. Hearing no motion, the item was dismissed with no recommendation. Chairman Beranek rejoined the meeting and Vice Chairman Parrille relinquished the chair to him.