The URL can be used to link to this page

Home My WebLink AboutNovember 4, 2008CITY OF ARCADIA 0~~ CITY COUNCILIREDEVELOPMENT AGENCY REGULAR MEETING '°'"^~~> ^"``e~ TUESDAY, NOVEMBER 4, 2008 AGENDA 6:00 p.m. Location: City Council Chamber Conference Room, 240 W. Huntington Drive CALL TO ORDER 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 CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council/Redevelopment Agency during the Public Comments period is asked to complete a "Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the Closed Session/Study Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council/Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council/Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. CLOSED SESSION Pursuant to Government Code Section 54956.8 conference with real property negotiators. Property: Winnie Way Park (509 Winnie Way) Citv Negotiators: City Manager and Assistant City Manager/Public Works Services Director Negotiating Parties: City of Arcadia and Benson Tse (Property Owner) Under Negotiation: Price and Terms of Payment 7:00 p.m., City Council Chamber RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION CALL TO ORDER 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. INVOCATION Reverend John Payton, Point Loma Nazarene University PLEDGE OF ALLEGIANCE Hue Quach, Administrative Services Director ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: Amundson, Chandler, Kovacic, Wuo and Harbicht REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PRESENTATIONS a. Proclamation honoring Arcadia Festival of Bands Month. PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council/Redevelopment Agency during the Public Comments period is asked to complete a "Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the 7:00 p.m. Open Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council/Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council/Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and 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: Approve the Regular Meeting Minutes of October 21, 2008. Recommended Action: Approve Any wdtings or documents provided to a ma%ority of the City Council regarding any item on this agenda wil! be made available for public inspect/on in the City Clerk's oyce located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. CITY COUNCIL ITEMS: b. Approve the Regular Meeting Minutes of October 21.2008. Recommended Action: Approve c. Accept all work performed by C.P. Construction Company. Inc. for the Fairview Avenue Sewer Relief Line Project as complete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve Accept all work performed by Advanced Solutions for the Installation of 30 Catch Basin Inserts to capture trash and debris to be in compliance with the Trash TMDL as complete and authorize the final pavment to be made in accordance with the contract documents. Recommended Action: Approve Accept all work performed by Gentry Brothers Inc. for the Santa Anita Avenue Street Rehabilitation Proiect as complete and authorize the final pavment to be made in accordance with the contract documents. Recommended Action: Approve nueuimwn - vv i v nw~aumivn r-IVICIa dS GUIIIU~CIG gnu aui pavment to be made in accordance with the contract documents. Recommended Action: Approve 9• h. Adopt Resolution No. 6652 adopting a Memorandum of Understanding with the Recommended Action: Adopt and operation funds for Arcadia Transit. Recommended Action: Adopt Adopt Resolution No. 6655 adoptino a Memorandum of Understanding with the Program. Recommended Action: Adopt 2. CITY MANAGER Adopt Resolution No. 6650 approving the Los Angeles Reoional Interoperable Communications System (LA-RIGS) Joint Powers Agreement {JPA1 thus 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 Ddve, Arcadia, California, during normal business hours. Recommended Action: Approve Authorize the Citv Manager to enter into a Professional Services Aoreement with Kimiev-Horn and Associates, Inc. for the 2009 Engineering and Traffic Survev in the amount of $18.010. Recommended Action: Approve ADJOURNMENT The City Council/Redevelopment Agency will adjourn this meeting to Tuesday, November 18, 2008, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574-5455. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Any writings or documents provided to a majority of the City Council regarding any item on this agenda wilt be made available for public inspection in the City Clerk's o>fce located at 240 W. Huntington Ddve, Arcadia, Cafifomia, during normal business hours. 50: 0141 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, OCTOBER 21, 2008 CALL TO ORDER Mayor Harbicht called the Meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None STUDY SESSION/CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) None CLOSED SESSION a. Pursuant to Government Code Section 54956.8 conference-with real property negotiators. Prooerty: Winnie Way Park (509 Winnie Way) Citv Negotiators: City Manager and Assistant City Manager/Public Works Services Director Negotiating Parties: City of Arcadia and Benson Tse (Property Owner) Under Negotiation: Price and Terms of Payment STUDY SESSION Report, discussion and direction regarding regulation of massage uses and enforcement of massage therapist regulations. Police Chief Bob Sanderson reported that in the last 3 years, the Police Department has issued approximately 700 individual massage therapist licenses. He further reported that ih the last couple of years the Police Departmeht has received complaints from citizens regarding inappropriate activities at the various massage locations in the City. He reported that in May of this year, the Police Department began a series of inspections of known massage therapy locations with the assistance of the Los Angeles County Unity Coalition. He further reported that the L.A. County Unity Coalition interviewed the massage therapists, through Chinese interpreters, in order to determine if they are victims of human trafficking and noted that at some of these locations this may be the case. He provided an update of the investigation conducted at about 40 locations in the City where violations of the Municipal and Fire Code were observed byCode Services and the Fire Department. He noted that the investigation further revealed an international website that reviews massage parlors in specific cities including independent reviews of massage therapist in Arcadia, the website details sexual acts the massage therapist will perform for a fee, whether the acts were performed or not and how much money was received for the acts performed, the first name of the massage therapist and gives the American first. name. He further noted that on the City Council agenda recommended that the City Council adopt the ordinance establishing a moratorium on these uses in order to give staff time to look into other alternatives in regulating these uses. 10-21-2008 50: 0142 RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Harbicht called the Regular Meeting to order in the Council Chamber at 7:00 p.m. INVOCATION Mayor Robert Harbicht PLEDGE OF ALLEGIANCE Director of Recreation and Community Services Sara Somogyi ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON STUDY SESSION/CLOSED SESSION ITEMS City Attorney Steve Deitsch reported that the City Council/Redevelopment Agency met in closed session to consider the one item listed on the posted agenda under closed session, no reportable action was taken. In addition, Mr. Deitsch reported that City Council/Redevelopment Agency conducted a Study Session to receive a-:report from staff and discuss, massage uses and massage- therapist enforcement and regulations, no action was taken but a relevant concerning a proposed moratorium regarding massage businesses is on the agenda. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS Mr. Penman reported that no public hearing will be conducted regarding Item 1.c because the applicant has withdrawn the appeal. 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 Kovacic and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Presentation by City of Monrovia Mayor .Rob Hammond in appreciation of Arcadia Police Departmentassistance with Monrovia gang violence issues.' b. Presentation of a ,Proclamation designating the months of October and ,November 2008 as White Cane Days. 10-21-2008 50: 0143 PUBLIC HEARING CITY COUNCIL ITEMS: Adopt an Interim Uraency Ordinance No. 2249 enacted pursuant to Government Recommended Action: Adopt Police Chief Sanderson reported that at its meeting of September 16, 2008, the City Council adopted Interim Urgency Ordinance No. 2248 which provided a 45 day moratorium on the establishment of medical marijuana dispensaries. He provided a summary of the Compassionate Use Act and noted that the City Council can extend the interim moratorium ordinance for 10 months and 15 days following a public hearing and a written report describing the measures taken to alleviate the condition which led to the adoption of the interim urgency ordinance. Chief Sanderson further noted that since the adoption of Interim Ordinance No. 2248, the City has begun the process for studying the proper placement of medical marijuana dispensaries and until the impacts of the Supreme Court's Raich decision, staff recommends extending the moratorium until such time as the impacts of such establishments can be fully assessed and staff can property integrate the zoning of such establishments into the City's overall update of the General Plan. City Attorney Deitsch confirmed that adoption of Interim Urgency Ordinance No. 2249 requires a four-fifths vote to extend the moratorium adopted by the City Council on September 16, 2008 for an additional 10 months and 15 days. Mayor Harbicht opened the public hearing. 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. It was moved by Council Member Chandler, seconded by Council Member Wuo and carried on roll call vote to adopt Interim Urgency Ordinance No. 2249 enacted pursuant to Government Code Section 65858 extending Interim Urgency Ordinance No. 2248 for an additional 10 months and 15 days and continuing for this period the temporary moratorium on the establishment and operation of medical marijuana dispensaries. AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht NOES: None ABSENT: None b. Recommended Action: Discuss and provide 10-21-2008 50: 0144 Jim Kasama, Community Development Administrator noted that this item public hearing was continued from the September 16, 2008 City Council meeting to allow staff to provide new alternative single family residential garage parking requirements. He provided a summary of the 3 new options for single-family parking requirements for consideration (1) adds a provision to the initial proposal to exclude a family room from being counted as a bedroom,, (2) use Los Angeles County Assessor's definition which states that a bedroom is a room with closet and (3} definition based on the City of San Diego's Municipal Code and noted that staff recommends Option 3 because it is' readily applicable and excludes the basic common rooms and those areas that are open to common areas as well as other areas that are clearly not a bedroom, but includes independent rooms that do not have built-in closets. Mayor Harbicht opened the public hearing Robert Tong, builder and resident in town appeared and provided comments and concerns regarding single-family residential garage parking requirements. David Lau, builder and resident in Arcadia appeared and provided his comments regarding single-family residential garage parking requirements. 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. The City Council thanked the staff for their time and efforts on this matter and it was their consensus that no action be taken on this item at this time. c. (APPEAL WITHDRAWN BY APPLICANT) Consideration of an appeal of subdivide and develoo an aporoximately 83-acre orooertv oenerally located north of the terminus of Vista Avenue and north and northwest of Canvon Road This item was pulled due to the appeal being withdrawn by the applicant. PUBLIC COMMENTS None REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Chandler announced that another Arcadia High School student, Courtney Chow Lee, was selected as the 2009 Rose Queen from among 1,100 girls. He congratulated Courtney and Arcadia High School. Mayor Pro Tem Wuo noted that Courtney is the daughter of Dr. Andy Lee at Methodist Hospital and also noted that another Arcadia High School student was named one of the princesses; he urged residents who walk around the neighborhood in the evening hours to wear reflective clothing for safety purposes; and announced that Breeders Cup is this weekend and urged residents to avoid the race track area because of traffic congestion. 10-21-2008 50: 0145 Council Member Amundson announced that he attended the Methodist Hospital Crystal Ball which was a great event and raised a lot of money for the hospital. He discussed water conservation and reported that the Edison Company provides a free evaluation of utility usage and recommends that everyone call and get the free evaluation. He urged everyone to vote on November 4th. Council Member Kovacic suggested that both the Rose Queen and princess from Arcadia High School be invited to a future City Council to be recognized. He noted the Breeders Cup this weekend and urged everyone to attend. He noted the Methodist Hospital Crystal Ball and urged everyone to vote on Election Day. City Clerk Barrows reminded everyone that the Arcadia Schools will be celebrating Red Ribbon Week the next couple of weeks and reminded everyone to be drug free and make good choices. Mayor Harbicht had nothing to report. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Regular Meeting Minutes of October 7. 2008. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Regular Meeting Minutes of October 7. 2008. Recommended Action: Approve c. Facilities in the amount of $74,890. Recommended Action: Approve d. Award a three (3) month purchase order contract to H.D. Supplv Waterworks for the purchase of valves, brass fittings and related accessories in the amount of 50 000. Recommended Action: Approve e. Award a one (1) near purchase order contract extension to Delta Distributing Inc. for the purchase of janitorial supplies for various Citv facilities in the amount of 100 000. Recommended Action: Approve Huntington Drive. Recommended Action: Approve g. Approve a salary range adjustment for Assistant City Manager/Public Works Services Director. Recommended Action: Approve 10-21-2008 50: 0146 Council Member Amundson requested Consent Calendar Item 2.g be pulled for discussion. A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Member Kovacic and, carried on roll call vote to approve items 2,a through 2.f on the City Council/Agency Consent Calendar. AYES: Council/Agency Member Chandler, Kovacic, Amundson, Wuo and Harbicht NOES: None ABSENT: None Council Member Amundson recommended that Item 2.g be placed on a future closed session agenda. At the request of the City Council, Mr. Penman provided a summary and background information regarding the salary adjustment for the Assistant City Manager/Public Works Services Director position. He noted that the Assistant City Manager's salary has always been equal to or 2.5% higher than the highest paid department head which reflected the added responsibility and experience. He further noted that due to compaction issues, recent salary adjustments to the safety management ranges placed the Assistant City Manager salary below those salary levels. He reported the cost to change the range of the Assistant City Manager/Public Works Services Director position would be $4,320 from October 1, 2008 through June 30, 2009 and from July 1, 209 through December 30, 2009 the additional cost would be $5,076 for a total cost of $9,396. Mr. Penman noted that 20% or $1,879 would be funded by the General Fund and the balance by Enterprise Funds. He further noted that no budget appropriation is required since the cost will be absorbed within the budget. He recommended that the City Council approve a salary range adjustment for the Assistant City Manager/Public Works Services Director. It was the consensus of the City Council to discuss Consent Calendar Item 2.g in open session. A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Member Kovacic and carried on roll call vote to approve Item 2.g on the Ciry Council/Agency Consent Calendar. AYES: .Council Member Chandler, Kovacic, Amundson, Wuo and Harbicht NOES; None ABSENT: None 3. CITY MANAGER Authorize the Citv Manaoer to execute a one (1) month lease extension with an option to extend with American Golf Corporation for the manaoement of the Arcadia Par 3 Golf Course. Recommended Action; Approve Pat Malloy, Assistant City Manager/Public Works Services Director reported that staff continues to negotiate a 20 year lease agreement with American Golf Corporation for the management of the Arcadia Par 3 Golf Course. He noted that negotiations are near completion and staff anticipates bringing the final lease agreement to the City Council on November 4, 2008. He further noted that the current lease extension expires October 31, 2008 and recommends the 10-21-2008 50: 0147 City Council authorize another one (1) month lease extension with an option to extend it for an additional month through December 31, 2008 which would allow staff.additional time to resolve any unforeseen issues that may arise. It was moved by Council Member Kovacic, seconded by Mayor Pro Tem and carried on roll call vote to authorize the City Manager to execute a one (1) month lease extension with an option to extend an additional month with American Golf Corporatidn for the management of the Arcadia Par 3 Golf Course. AYES: Council Member Kovacic, Wuo, Amundson, Chandler and Harbicht NOES: None ABSENT: None b. Adopt Resolution No. 6651 approving a revised Sixth Amendment to Aoreement and Lease by and between the Citv of Arcadia and Methodist Hospital of Southern California. Recommended Action: Adopt City Attorney Stephen Deitsch reported that on April 1, 2008, the City Council adopted Resolution No. 6621 approving a Sixth Amendment to an Agreement and Lease between the City and Methodist Hospital. in order to assist the hospital in obtaining financing for purposes of updating and expanding the hospital and related facilities on the property owned by the City and leased to the hospital. He reported that since April 1, 2008 City Council meeting, the U.S. Department of Housing and Urban Development ("HUD) required a modification to the Sixth Amendment concerning the elimination of a certain indemnification covenant. Mr. Deitsch noted that with revisions made to the Sixth Amendment as required by HUD, adoption of Resolution No. 6651 is recommended by staff and the City Attorney. It was moved by Council Member Chandler, seconded by Mayor Pro Tem Wuo and carried on roll call vote to Adopt Resolution No. 6651 approving a revised Sixth Amendment to Agreement and Lease by and between the City of Arcadia and Methodist Hospital of Southern California. AYES: Council Member Chandler NOES: None ABSENT: None Wuo, Amundson, Kovacic and Harbicht c. Section 65858. Recommended Action: Adopt Jason Kruckeberg, Director of Development Services reported that there has been a proliferation of establishments that provide massage service in the City. He noted that day spas, chiropractor and acupuncture offices that have legitimate business licenses often turn into massage uses. He further noted that issuance of business licenses for massage therapists has increased dramatically. He reported that existing regulations prohibit massage parlors or straight massage uses as a land use within the City, but massage is allowed as an incidental or secondary use to an established day spa, chiropractor or acupuncture office; and the Municipal Code allows no more than 2 massage therapists to be at the location at any one time and for day spas or salons there is no limit to the number as long as massage remains incidental. He noted that the Municipal Code is very detailed on how these types of operations are regulated 10-21-2008 50: 0148 such as hours of operation and what can or cannot be done however the problems occurring at these establishments range from prostitution to other inappropriate acts. He explained that a moratorium on these uses will allow staff time to look into alternative methods of operation and regulation. Police Chief Bob Sanderson reported that in the last 3 years, the Police Department has issued approximately 700 individual massage therapist licenses. He further reported that in the last couple of years the Police Department has received complaints from citizens regarding inappropriate activities at the various massage locations in the City. He reported that in May of this year, the Police Department began a series of inspections of known massage therapy locations with the assistance of the Los Angeles County Unity Coalition. He further reported that the L.A. County Unity Coalition interviewed the massage therapists, through Chinese interpreters, in order to determine if they are victims of human trafficking and noted that at some of these locations this may be the case. He provided an update of the investigation conducted at about 40 locations in the City where violations of the Municipal and Fire Code were observed by Code Services and the Fire Department. He noted that the investigation further revealed an international website that reviews massage parlors in specific cities including independent reviews of massage therapist in Arcadia, the website details sexual acts the massage therapist will perform for a fee, whether the acts were performed or not and how much money was received for the acts performed, the first name of the massage therapist and gives the American first name. He recommended that the City Council adopt the ordinance establishing a moratorium on these uses in order to give staff time to look into other alternatives in regulating these uses. It was moved by Council Member Amundson, seconded by Council Member Chandler and carried on roll call vote to adopt Interim Urgency Ordinance No. 2250 establishing a moratorium on the establishment of massage therapy businesses pursuant to Government Code Section 65858. AYES: Council .Member Amundson, Chandler, Kovacic, Wuo and Harbicht NOES: None ABSENT: None ADJOURNMENT` The City Council/Redevelopment Agency adjourned this meeting at 9:00 p.m. to Wednesday, October.29, 2008, at 8:00 a.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia to meet with Los Angeles County Supervisor Michael Antoriovich. James H. Barrows, City Clerk ~' By: Lisa Mussenden, Chief Deputy City Clerk/ Records, Manager 10-21-2008 I~w,pnW Au,~.t 1, STAFF REPORT Public Works Services Department DATE: November 4, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager/Public Works Services Dir ctor I Prepared by: Lubomir Tomaier, Principal Civil Engineer Mark Rynkiewicz, Associate Civil Engineer SUBJECT: SUMMARY On March 18, 2008, the City Council awarded a contract to CP Construction Company, Inc. in the amount of $577,960 for the construction of the Fairview Avenue Sewer Relief Line Project. The terms and conditions of this project have been complied with .and the work has been performed to staff's satisfaction for a total project cost of $583,956. This amount reflects the original contract amount of $577,960 plus changes totaling $5,996 or 1% above the original contract amount. Staff recommends that the City Council accept all work performed by CP Construction Company, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $58,395.60. DISCUSSION An update of the Sewer Master Plan and Hydraulic Modeling Report was adopted by the City Council on May 16, 2006. This Sewer Master Plan evaluated the adequacy of the City's wastewater collection system through the year 2026. The sewer along Baldwin Avenue and Duarte Road was identified as functioning over its design capacity. The sewer configuration at the intersection of Baldwin Avenue and Live Oak Avenue is improperly distributing flow through the intersection. Both conditions, if not addressed could have resulted in a sewer overflow. The construction of a relief line and the sewer configuration improvements at both locations corrected the flow deficiencies. Initially the project budget was prepared as a part of the Sewer System Master Plan with the cost estimates for the project in the amount of $995,000 for both sewer relief line projects. Page 1 of 2 Recommendation: Approve Mayor and City Council November#, 2008 During preparation of the project, City engineering staff recommended changing the location from Duarte Road to Fairview Avenue and moving up the date of the project. As a result`, City staff was able. to perform design, construction management and inspection services, rather than contracting out the services, therefore reducing the cost of the project substantially. In addition to the work originally covered by the contract, there was one (1) contract change order (CCO). Additional materials were needed to divert the .sewer line around an existing storm drain in the street. The following is the description arid cost of the change order associated with the project: CCO # Description Amount VCP pipe, slurry backfill and concrete pavement $ 5,996.00 Total-Change Orders $ 5,996.00 The terms and conditions of this .contract have been complied with and the work has been performed to staffs satisfaction. Staff recommends that the City Council accept all work performed by CP Construction Company, Inc. as complete and authorize the.final payment to be made in accordance with the contract documents, subject to retention of $58,395.60. This amount reflects the original contract amount of $577,960 plus changes totaling $5,996 or 1% above the original contract amount. ENVIRONMENTAL IMPACT This project is categorically exempt per Section 15302 (c) replacement from the requirements of the California Environmental Quality Act. FISCAL IMPACT Funds in the amount of $920;000 are budgeted in the 2007/08 Capital Improvement Program for the Fairview Avenue Sewer Relief Project and $75,000 for the Live Oak Avenue Sewer Relief Project for a combined budget of $995,000. Actual cost of the project was $603,000. The remaining $392,000 will be returned to the Sewer Fund. RECOMMENDATION 1. Accept alt work performed by CP Construction Company, Inc. for the Fairview Avenue Sewer Relief Line Project as complete. 2. Authorize final payment to be made in accordance with..,the contract documents, subject to a retention of $58,395.80. ` Approved by: ~ ~~ ' Donald Penman; City Manager PM:LT:MR Page 2 of 2 FAIRVIEW AVENUE SEWER RELIEF LINE PROJECT DATE: November 4, 2008 STAFF REPORT Public Works Services Department TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager/Public Works Services Direc r' Prepared by: Lubomir Tomaier, Principal Civil Engineer Mark Rynkiewicz, Associate Civil Engineer SUBJECT: SUMMARY On March 20, 2008, the City Council awarded a contract to Advance Solutions in the amount of $28,875 for the construction of the 2007-2008 Catch Basin Inserts Project. The terms and conditions of this project have been complied with and the work has been performed to staffs satisfaction for a total project cost of $28,875. Therefore, staff recommends that the City Council accept all work performed by Advance Solutions for the installation of 30 catch basin inserts to capture trash and debris to be in compliance with the Trash Total Maximum Daily Load (TMDL) as complete and authorize the final payment to be made in accordance with the contract documents. DISCUSSION The Los Angeles River Trash TMDL implementation schedule requires the City to reduce the amount of trash in the storm drain system by 60% by September 30, 2008 to "zero" trash by September 30, 2014. The Trash TMDL mandate allows cities to use a variety of compliance methods to prevent litter and debris from entering the storm water catch basins. Staff has chosen to use a full capture system that is deemed in full compliance with the LARWOCB. A full capture system is any single device or series of devices that retains all particles greater than 5 millimeter (mm) while maintaining adequate drainage capacity of the catch basin and storm drain system. Page 1 of 2 Mayor and City Council November 4, 2008 The device is installed inside of the storm drain. The catcli basin insert will filter out trash and debris as water passes through the catch basin. Advanced Solutions is the sole source,.provider for the patented StormTek catch basin inserts that has .been certified as a full capture device by the LARWQCB. The terms and conditions of this contract have been complied with and the work has been performed to staff's satisfaction with no contract change orders. Therefore, staff recommends that the City Council accept all work performed by Advanced Solutions as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $2,887.50. ENVIRONMENTAL IMPACT This project is categorically exempt. per Section 15302 (c) replacement from the requirements of the California Environmental Quality Act. FISCAL IMPACT $30,000 is included in the 2007/2008 Capital Improvement Program Budget under the Trash Total Maximum Daily Load (TMDL) Facility Project. RECOMMENDATION 1. Accept all work, performed by Advanced Solutions for the 2007-2008 Catch Basin .inserts to capture trash and debris to be in compliance with the Trash TMDL Project as complete. 2. Authorize final payment to be made in accordance with the contract documents, subject to a retention of $2,887.50. Approved by: ~~^~-`~' ~~ti~1--' Donald Penman, City Manager PM: LT: M R Attachment Page 2 of 2 STAFF REPORT Development Services Department DATE: November 4, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director ~~" Philip A. Wray, Deputy Director of Development Senrices'~~ Prepared by: Tim Kelleher, Senior Engineering Assistant SUBJECT: Acceptance -Santa Anita Avenue Street Rehabilitation Project Recommendation: Accept all work performed by Gentry Brothers Inc. for the Santa Anita Avenue Street Rehabilitation 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, Inc. in the amount of $628,370 for the Santa Anita Avenue Rehabilitation Project. The limits of the project were on Santa Anita Avenue between Christina Avenue Qust south of Duarte Road) and Camino Real Avenue. The scope of the project included asphalt paving, standardizing non-compliant ADA issues, installing in-ground crosswalk lighting and the modernization of traffic signals. There were two change orders increasing the construction contract by $71,545.70. The total construction contract is $699,915.70 The terms of the contract have been executed to staffs satisfaction. Staff is recommending that the City Council accept the project as complete and authorize the final payment in accordance with the contract documents. BACKGROUND Roadway analysis conducted as part of the City's pavement maintenance program indicated Santa Anita Avenue from Christina Avenue to Camino Real Avenue was in poor condition requiring rehabilitation. On November 20, 2007 the City Council appropriated $912,027 of Proposition 1 B Funds for the rehabilitation of Santa Anita Avenue from Christina Avenue to Camino Real Avenue. Staff prepared plans and Mayorand City Council Staff Report -Acceptance November 4, 2008 Page 2 specifications, advertised for bids, and opened bids on May 6, 2008. Subsequently, the City Council awarded the contract to Gentry Brothers, Inc. in the amount of $628,370 on May 20, 2008. Work began on June 10 and was substantially complete by September 16, 2008. DISCUSSION The objective of this project was to 1) revitalize the existing roadway pavement, 2) bring pedestrian walkways up to standard ADA requirements, 3) modernize the traffic signals at Camino Real Avenue and Santa Anita Avenue and 4) install in-road lighting for the crosswalk at Le Roy Avenue and Santa Anita Avenue. The pavement revitalization called for the removal and replacement of the worst pavement sections followed by grinding-off the top two-inches of the entire road and then paving,it with a rubberized asphalt paving material. All non-compliant curb ramps at intersections and driveway aprohs were removed and replaced to meet current ADA standards.. The existing traffic signal poles at Camino Real Avenue and Santa Anita Avenue were replaced with new poles, mast arms, and equipped with video detection apparatus. Work began June 10, 2008 replacing curb ramps, driveway aprons, and the worst pavement sections. It quickly become apparent that the poor condition of the existing pavement was more extensive than originally thought. Consequently, the contractor was directed td remove and replace more Bete"riorated pavement. The original bid items to replace the deteriorated pavement was 17,000 square feet; however, at the direction of the City, the contractor ended up replacing 23,000 square feet of pavement. There were other minor adjustments to the final quantities such as sidewalk, driveway approaches, curb and gutter and cross gutter replacements. The pavement and ADA work was substantially completed by May 21, 2008; however, the contractor had issues with the manufacturer of the traffic signal poles and delivery was delayed. Since this situation was beyond the contractor's control, the City postponed the completion of the project until the poles could be delivered. Work on the traffic signals resumed on September 9, 2008 and 'was substantially completed by September 16, 2008. ENVIRONMENTAL ANALYSIS The project is categorically exempt per Section 15301 Class 1(c) from the requirements of the California Environmental Quality Act {CEQA). Mayor and City Council Staff Report -Acceptance November 4, 2008 Page 3 FISCAL IMPACT Funds in the amount of $912,027 from Proposition 1 B Funds were budgeted by City Council on November 20, 2007 for this project. -The total cost of this project was $746,774.10, comprised of $699,915.70 for the construction contract, $21,858.40 for preparation of plans, specifications and contract administration, and an inspection cost of $25,000. Funds are available to cover all costs. RECOMMENDATION That the City Council accept all work performed by Gentry Brothers, Inc. as complete and authorize the final payment to be made in accordance with the contract documents. Approved: ~ ~ ` ~~ Donald Penman, City Manager JK:PAW:TOK:pa ~,,. .... f, 1901 STAFF REPORT Development Services Department DATE: November 4, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director'3'~-I~ Philip A. Wray, City Engineer ~F~`a Prepared by: Ramiro Gonzalez, Assistant Engineer SUBJECT: Acceptance -Santa Anita-Arcadia ITS Integration CCTV Installation Recommendation: Accept all work performed by Republic ITS for the Santa Anita-Arcadia ITS Integration CCTV Installation as complete and authorize the final payment to be made in accordance with the contract documents SUMMARY On April 1, 2008, the City Council awarded a contract to Republic ITS in the amount of $167,725 for the Santa-Anita Arcadia ITS Integration CCTV Installation project. The terms and conditions of this project have been completed and the required work has been performed to staffs satisfaction for a final cost of $167,725. Staff is recommending that the City Council accept the project as complete and authorize the final payment in accordance with the approved contract documents. BACKGROUND In 2001, the City of Arcadia obtained a Federal Highway Administration Grant for $248,000 in Intelligent Transportation System (ITS) funds for traffic signal coordination. The grant required a local match in the amount of 50%. In 2003, the City developed an ITS Master Plan to provide a long-range traffic management program with goals and objectives. The ITS Master Plan consists of a Traffic Control System (TCS) interconnecting the City's traffic signals and connecting them to the City's Traffic Management Center (TMC). The ITS Grant was intended to fund Phase One of the Master Plan which includes interconnection of 22 traffic signals with fiber optics line to the TMC at City Hall and a TCS to communicate with each signal, connection of the City's system to the Los Angeles County Information Exchange Network (IEN) to share the information, and installation of several cameras at intersections to provide traffic surveillance. Staff Report Acceptance -Santa Anita-Arcadia ITS Integration CCTV Installation November 4, 2008 Page 2 In June 2006, the City awarded a contract to TransCore for the purchase of the Traffic Control Software, hardware and traffic signal connections to implement the system. The contract also included the preparation of plans and specifications for the purchase and instaNation of CCTV cameras at five intersections, one per intersection, and one video detection system at one intersection. The development of the TCS, the installation of the fiber optics lines and the connection to the IEN are complete and the general installation is the final step in the Federal Grant project. DISCUSSION This improvement project consists of the installation five (5) CCTV cameras and one (1) Video Detection System (VID). The`CCTV camera locations are at the intersections of Baldwin Avenue and'Huntington Drive, Holly Avenue and Huntington Drive, Duarte Road and Baldwin Avenue, Santa Anita Avenue. and Duarte Road and at Colorado Boulevard and Santa Anita Avenue. The VID was installed at Baldwin Avenue and Huntington Drive. The improvements will aid traffic engineering with the ability to view real time traffic conditions at these intersections. Republic ITS has satisfactorily completed the contract to staff's satisfaction. TransCore is presently .preparing to implement the final integration of the CCTV cameras into the TCS and isexpected to complete their portion of the project shortly. FISCAL IMPACT Funds were budgeted in the 2002/03 Capital Improvement Program in the amount of $498,000 and an' additional $100,000 was budgeted in the 2006-2007 Capital Improvement Program for-the Santa Anita-Arcadia ITS Integration CCTV Installation. Funds are available to cover the contract cost, inspections and contingencies. RECOMMENDATION That the City Council accept all work performed by Republic ITS for the Santa Anita-Arcadia ITS Integration CCTV Installation Project as complete and authorizes the final payment to be made in accordance. with the contract documents. Approved by: c~t~"`a-c`u ~L'r'Y''!'{~n--_.J Donald Penman, City Manager JK:PAW:RSG:pa i DATE: November 4, 2008 STAFF REPORT Public Works Services Department TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager/Public Works Services Dire or Prepared by: Tom Tait, Deputy Public Works Services Director Clement Flores, Maintenance Contracts Officer SUBJECT: SUMMARY On November 6, 2007, the City Council approved aone-year contract extension with Grace Building Maintenance Company, Inc. (Grace Building) for $326,470 to perform janitorial and porter services at City facilities. Grace Building is reaching the end of their contract extension and has submitted a written offer to extend the contract for one (1) final. year in accordance with the existing Agreement. The contractor's offer of extension does not reflect a change in price and all other conditions of the agreement are to remain in effect. Staff recommends that the City Council approve a final one year contract extension with Grace Building Maintenance Company, Inc. for janitorial and porter services at various City facilities in the amount of $326,470. DISCUSSION The Public Works Services Department is responsible for the janitorial and porter services at City facilities. Janitorial services include cleaning all common areas, restrooms, and offices at the Police Department, City Hall, Community Center, Library, and the Public Works Service Center. The contract calls for a day Porter at City Hall, Library and the Community Center whose services include cleaning light fixtures, public restrooms, and helping office staff with routine services that includes setting up for special events and cleaning and stocking public restrooms. Page 1 of 2 Mayor and City Council November 4, 2008 This will be the final contract extension with Grace Building Maintenance Company, Inc. Staff will bid out janitorial services in the Summer of 2009 and come to the City Council to award a new contract. Staff recommends that the City Council approve a final one- year contract extension in the amount of $326,470 with Grace Building Maintenance Company, Inc. forjanitorial and porter services at various city facilities. FISCAL IMPACT Sufficient funds are budgeted in the 2008/09 and 2009/10 Operating Budget. RECOMMENDATION 1. Award a one-year contract extension to Grace Building Maintenance Company, lnc. for janitorial and porter services at various City facilities in the amount of $326,470. 2. Authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. Approved by: `l ~~ Donald Penman,: City Manager PM:TT:CF:jb Page 2 of 2 STAFF REPORT Development Services Department DATE: November 4, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director -5LK ,,`` Philip A. Wray, Deputy Director of Development Services~'~Vv By: Linda Hui, Transportation Services Manager SUBJECT: Resolution No. 6652 adootino a Memorandum of Understandin with the Los Anoeles County Metropolitan Transportation Authority to receive Proposition C 5% Transit Security funds for FY2008- 2009. Recommendation: Adopt SUMMARY: Arcadia Transit is eligible to receive Proposition C 5% Transit Security funds. In order to receive Transit Security funds, the City of Arcadia is required to enter into a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA or Metro). The MOU is valid for one fiscal year (July 1 2008 -June 30, 2009). Attached for the City Council's consideration is Resolution No. 6652 authorizing the City Manager to execute a MOU with LACMTA to receive the Proposition C 5% Transit Security funds. Staff recommends that the City Council approve Resolution No. 6652. BACKGROUND Los Angeles County adopted the Proposition C ordinance in 1990 dedicating a countywide half-cent sales tax for public transportation and transit service improvement. Funds are administered by LACMTA and distributed among five functions: 5% transit security, 10% Metrolink rail operations and facilities, 20% Local Return, 25% freeway/highway improvements, and 40% discretionary funding. In addition to receiving the annual distribution of 20% Local Return funds, the City of Arcadia-Arcadia Transit receives the 5% Transit Security funds based on a countywide distribution formula calculated based on the Arcadia Transit annual passengers. Staff Report November 4, 2008 Page 2 DISCUSSION On June 26, 2008, the LACMTA Board of Directors (Board) approved the FY2008-2009 Transit Fund Allocations for the region, including Proposition C Transit Security funds. A Memorandum of Understanding (MOU) between the LACMTA and local municipalities is required to ensure compliance and accountability of use of funds. The LACMTA Board approved approximately $31.9 million in Transit Security funds for FY2008-2009, with Arcadia Transit receiving $6,294. The Proposition C 5% Transit Security funds are set aside for transit security activity, including use of local police to ensure the safety and protection of people and property on board all transit systems in its jurisdiction. The City of Arcadia has received the annual allocation of funds sirice the security program was implemented in FY1999. FISCAL IMPACT: In FY2008-2009, the City of Arcadia will receive a total of $6,294 in Proposition C 5% Transit Security for the continued operation of the Arcadia Transit dial-a-ride program. That- the City Cduncil adopt Resolution No. 6652 adopting a Memorandum of Understanding with the -Los Angeles County Metropolitan Authority accepting Proposition C 5% Transit Security funds for FY 2008-2009, and authorize the City Manager to execute claims and necessary documents to receive these funds for Arcadia Transit. Approved By: ~-~-~~ ~~re~ Donald Penman, City Manager Attachment: 1. Resolution No. 6652, Proposition C 5% Transit Security Funds RESOLUTION NO. 6652 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ADOPTING MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY TO RECEIVE FY 2008-2009 PROPOSITION C 5% TRANSIT SECURITY FUNDS FOR ARCADIA TRANSIT. WHEREAS, on November 6, 1990, the voters of the County of Los Angeles approved Proposition C, an ordinance establishing aone-half percent sales tax for public transit purposes, by a majority vote; and WHEREAS, the Los Angeles County Metropolitan Transportation Authority (LACMTA or Metro), is the agency responsible for administering the tax revenue; and WHEREAS, the LACMTA Board of Directors ("Board") approved the FY2008-2009 Transit Fund Allocations on June 26, 2008, for Los Angeles County using the countywide formula allocation process for transit operators to receive regional funds for transit services; and WHEREAS, the LACMTA Board appropriated $31.9 million in Proposition C 5% Transit Security funds for Fiscal Year 2008-2009; and WHEREAS, the City of Arcadia is an eligible operator and desires to receive the funds in the allocated amount of $6,294 for the Arcadia Transit dial-a-ride system; and WHEREAS, the Arcadia City Council has adopted a budget for Arcadia Transit for Fiscal Year 2008-2009 evidencing the need for financial assistance; and WHEREAS, the project will further LACMTA's goal of improved transit 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 I. The City Council approves and authorizes the Mayor to execute Memorandum of Understanding with 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 5% Transit Security 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 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. 2 SECTION 3. The City Clerlc shall certify to the adoption of this Resolution. Passed, approved and adopted this day of November 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: n ,~~~ Stephen P. Deitsch City Attorney i STAFF REPORT Development Services Department DATE: November 4, 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. 6653 authorizing submittal of the FY 2007-08 and FY 2008-09 Transportation Development Act -Article 4 Claim Forms to receive capital and operating funds for Arcadia Transit Recommendation: Adopt SUMMARY Arcadia Transit is eligible to receive Transportation Development Act (TDA) Article 4 funds. In order to receive TDA Article 4 funds, the City of Arcadia is required to submit claim forms authorized by the City Council. Attached for the City Council's review and approval is Resolution No. 6653 authorizing the City Manager to submit claim forms for TDA Article 4 funds for fiscal years 2007-OS and 2008-09. Once approved, the claim forms will be submitted to the Los Angeles County Metropolitan Transportation Authority (Metro) for processing. The City will receive $379,763 for FY 2007-08 and $327,736 for FY 2008-09 to operate Arcadia Transit. BACKGROUND The California State legislature adopted the Transportation Development Act-Article 4 (SB325) in 1971 to generate revenue from retail sales taxes and gasoline/diesel sales taxes for public transportation projects. The funds are allocated by SCAG via the Local Transportation Fund (LTF) and the State Transit Assistance (STA) programs based on area population and transit fare revenue generated by an agency's local transit system. Metro serves as the regional planning agency for Los Angeles County, and administers and processes the funds to each participating municipal transit operator. Staff Report Resolution 6653 November 4, 2008 Page 2 DISCUSSION Local Transportation Fund (LTF) revenue is derived from one-fourth of one percent (0.0025) of the 8.25% retail sales tax collected statewide for transportation planning and mass transit activity. The California State Board of Equalization returns the quarter cent to each County according to the amount of taxes collected in its jurisdiction. Eligible uses include public transit, program administration, transportation planning, pedestrian and bicycle facilities, special group transportation service; -and rail passenger service. The City of Arcadia has been allocated $335,291 in FY 2007-08 and $283,766 in FY 2008-09 in LTF funds to operate Arcadia Transit. The State Transit Assistance (STA) fund was approved in 1980 as a secondary source of revenue for S6325 dedicated to public transit operation .and capital expenditures. STA revenue is generated from the"statewide sales tax„on gasdline and diesel fuels, and is appropriated by -the California State Controller's Office to the regional Transportation Planning `Agencies (i.e., Metro) for formula allocation. The formula is calculated using 50% population count and 50% operator revehues for the prior fiscal year. The City will reserve $44,472 of FY 2007-08 and $43,970 of FY 2008-09 STA funds for capital use. FISCAL IMPACT The City of Arcadia will receive a combined total of $379,763 toward FY 2007-08 and $327,736 for FY 2008-09 in TDA-Article 4 funds to operate Arcadia Transit. RECOMMENDATION Adopt Resolution No. 6653 authorizing the City Manager to submit the Transportation Development Act -Article 4 Claim Forms to the Los Angeles County Metropolitan Transportation Authority to receive TDA Article 4 fuhds in the amount of $379,763 for FY 2007-08 and $327,736 for FY 2008-09 for Arcadia Transit. Approved: ~"~~~ I~~.wn~.,--~ ' Donald Penman, City Manager Attachment(s) 1. Resolution No. 6653, TDA-Article 4 2. FY08 Transportation Development Act, LTF-Article 4 Claim Form 3. FY08 State Transit Assistance Fund Claim Form 4. FY09 Transportation Development Act, LTF-Article 4 Claim Form 5. FY09 State Transit Assistance Fund Claim Form RESOLUTION NO. 6653 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE SUBMITTAL OF TRANSPORTATION DEVELOPMENT ACT CLAIM FORMS TO RECEIVE FUNDS FOR THE OPERATIONS OF ARCADIA TRANSIT FOR FISCAL YEARS 2007-08 AND 2008-09. WHEREAS, the Transportation Development Act of 1971 (the "Act") (Chapter 1400, Statutes 1971 (SB 325), and amendments thereto) makes certain funds available for public transportation systems; and WHEREAS, the Arcadia City Council has adopted a budget for Arcadia Transit for the 2007-08 and 2008-09 Fiscal Years evidencing the need for financial assistance; and WHEREAS, the Southern California Association of Governments ("SCAG") has been charged with the responsibility for allocating the funds pertaining to the Act; and WHEREAS, the Los Angeles County Metropolitan Transportation Authority (Metro) serves as the regional planning agent for Los Angeles County, and administers and processes the funds to each participating municipal transit operator. 1 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF • ARCADIA, CALIFORNIA,bOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council authorizes the City Manager or his/her designee. to execute and file a claim with Metro for TDA Article 4 funds, and to take any and all necessary further actions and execute any and all necessary documents in order to receive such funds. SECTION 2. The City Clerlc shall certify to the adoption of this Resolution. Passed, approved and adopted this day of November 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: t(,,,. ~? ~~~ Stephen P. Deitsch City Attorney 2 CLAIM FORM TDA CLAIM FORM LTF PUBLIC TRANSPORTATION -ARTICLE 4 CLAIMANT: CITY OF ARCADIA - ARCADIA TRANSIT CONTACT PERSON: Linda Hui TELEPHONE:_(626) 574-5435 DATE: November 4. 2008 FISCAL YEAR: 2007-08 COUNTY STAFF: Los Angeles PAYMENT RECIPIENT: City of Arcadia ADDRESS: 240 West Huntington Drive P.O. Box 60021 Arcddia, CA 91066-6021 ATTENTION: PURPOSE Article 4 PUC 99260(a) Jason Kruckeberg Development Services Manager REQUESTED PAYMENT AND RESERVES AMOUNT 1. Payment from FY Allocation 2. Amount placed in Capital Reserve from current year allocation 3. Total FY 2008 funding mark (1 +2) Authorized Signature: Donald Penman, City Manager $ 335,291 $ 0 $ 335,291 CONDITION OF APPROVAL: Approval of this claim and payment by the County Auditor to this claimant are subject to funds being available and to the provisions that such monies will be used only in accordance with the terms and conditions set forth by this claim. CLAIM. FORM STATE TRANSIT ASSISTANCE FUND Pursuant to Sectiohs 6730-6735 of the California Administrative Code CLAIMANT: CITY OF ARCADIA - ARCADIA TRANSIT CONTACT PERSON: Linda Hui TELEPHONE:. (626] 574-5435 DATE: October 8, 2008 FISCAL YEAR: 2007-08 COUNTY STAFF: .Los Angeles PAYMENT RECIPIENT: City of Arcadia ADDRESS: 240 West Huntington Drive P.O. Box 60021 Arcadia, CA 91066-6021 ATTENTION: Jason Kruckeberg " Development Services Manager PURPOSE ( )CAC, Section 6730 (a) ( )CAC, Section 6730 (b) () ca,c, Section 6730 (c) ( )CAC, Section,6731 (a) ( )CAC, Section 6731 (b) ( )CAC, Section 6731 (c) Authorized Signature: REQUESTED PAYMENT AND RESERVES AMOUNT 1. Payment from Unallocated-Operations $ 0 2. Amdunt placed in Capital Reserve from current year allocation (Complete Table 2) $ 44,472 3. Total FY 2008 Fund Mark (1 & 2) $ 44,472 Donald Penman, City Manager CONDITION OF APPROVAL: Approval. of this claim and payment by the County Auditor to this claimant are subject to monies being available and to the provisions that such monies-will be used only in accordance with the terms dnd conditions set forth by this claim and SCAG Allocation Instructions. CLAIM FORM TDA CLAIM FORM LTF PUBLIC TRANSPORTATION -ARTICLE 4 CLAIMANT: CITY OF ARCADIA - ARCADIA TRANSIT CONTACT PERSON: Linda Hui TELEPHONE:~626) 574-5435 DATE: November 4, 2008 FISCAL YEAR: 2008-09 COUNTY STAFF: Los Angeles PAYMENT RECIPIENT: City of Arcadia ADDRESS: 240 West Huntington Drive P.O. Box 60021 Arcadia, CA 91066-6021 ATTENTION: Jason Kruckeberg Development Services Manager PURPOSE REQUESTED PAYMENT AND RESERVES AMOUNT Article 4 1. Payment from FY Allocation $ 283,766 PUC 99260(a) 3. Amount placed in Capital Reserve from current year allocation $ 0 3. Total FY 2008 funding mark (1 +2) $ 283,766 Authorized Signature: Donald Penman, City Manager CONDITION OF APPROVAL: Approval of this claim and payment by the County Auditor to this claimant are subject to funds being available and to the provisions that such monies will be used only in accordance with the terms and conditions set forth by this claim. CLAIM FORM STATE TRANSIT ASSISTANCE FUND Pursuant to Sections 6730-6735 of the California Administrative Code CLAIMANT: CITY OF ARCADIA - ARCADIA TRANSIT CONTACT PERSON: Linda Hui TELEPHONE: (625) 574-5435 DATE: November 4, 2008 FISCAL YEAR: 2008-09 COUNTY STAFF: Los Anaeles PAYMENT RECIPIENT: City of Arcadia ADDRESS: 240 West Huntington Drive P.O. Box 60021 Arcadia, CA 91066-6021 ATTENTION: Jason Kruckeberg Development Services Manager PURPOSE REQUESTED PAYMENT AND RESERVES AMOUNT ()CAC, Section 6730 (a) 1. Payment from Unallocated-Operations $ 0 ( )CAC, Section 6730 (b) ()CAC, Section 6730 (c) 2. Amount placed in Capital Reserve from current year allocation (Complete Table 2) $ 43,970 ( )CAC, Section 6731 (a) ( )CAC, Section 6731 (b) 3. Total FY 2008 Fund Mark (1 & 2) $ 43,970 ( )CAC, Section 6731 (c) Authorized Signature: Donald Penman, Clty Manager CONDITION OF APPROVAL: Approval of this claim and payment by the County Auditor to this claimant are subject to monies being available and to the provisions that such monies will be used only in accordance with the terms and conditions set forth by this claim and SCAG Allocation Instructions. ,..~.~.. STAFF REPORT Development Services Department DATE: November 4, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director"~~ Phil Wray, Deputy Director of Development Services~~~l, By: Linda Hui, Transportation Services Manager SUBJECT: Resolution No. 6655 authorizing the Citv Manaaer to execute a Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority to receive Proposition C 40% Discretionary funds for the Municipal Operator Service Improvement Program. Recommendation: Adopt SUMMARY Arcadia Transit is eligible to receive Proposition C 40% Discretionary Funds for the Municipal Operators Service Improvement Program (MOSIP). In order to receive MOSIP funds, the City of Arcadia is required to enter into a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA). The MOU is valid for nine fiscal years (July 1 2008 -June 30, 2018). Attached for the City Council's consideration is Resolution No. 6655 authorizing the City Manager to execute the MOU with the LACMTA to receive the Proposition C MOSIP funds, and to submit financial claims each fiscal year commencing FY 2009 and ending FY 2018. Staff recommends that the City Council adopt Resolution No. 6655. BACKGROUND The 1990 Proposition C ordinance is a countywide half-cent sales tax dedicated to public transportation and transit service improvement. Funds are administered by LACMTA and allocated based on five categories: 5% transit security, 10% Metrolink rail operations and facilities, 20% Local Return, 25% freeway/highway improvements, and 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 municipal operator service improvement program (MOSIP) to improve service to the transit dependent countywide by reducing overcrowding and expanding services. As one of the regional 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. Staff Report November 4, 2008 Page 2 DISCUSSION Forty percent of the Proposition C revenues are reserved by LACMTA for discretionary uses such as bus and rail service improvement programs: The LACMTA Board approved policy and administrative procedures for afive-year Municipal Operator Service Improvement Program (MOSIP) in April 2001 utilizing the Proposition C 40% Discretionary Funds. On November 29, 2007, the LACMTA Board authorized the continuation of the MOSIP program. The LACMTA Board appropriated $18.4 million in Proposition C 40% Discretionary Funds for MOSIP in FY 2009, and Arcadia Transit receives $51,498. A Memorandum of Understanding (MOU) between LACMTA and local municipalities is required to ensure compliance and accountability for the use of the funds. FISCAL IMPACT In FY2008-2009, the City of Arcadia will receive a total of $51,498 in Proposition C 40% Discretionary funds through the Municipal Operator Service Improvement Program (MOSIP) for the continued operation of the Arcadia Transit dial-a-ride program. RECOMMENDATION It is recommended tha4 the City Council adopt Resolution No. 6655 authorizing the City Manager to execute a Memorandum of Understanding with the' Los Angeles County Metropolitan Transportatioh Authority to receive Proposition C 40% Discretionary Funds for the Municipal Operator Service Improvement Program, and to execute claims and necessary documents each year through June 30, 2018 to receive operating funds for Arcadia Transit. Approved by: ~/~~-c~~ ~-rw~-~,~J Donald Penman, City Manager Attachment: 1. Resolution No. 6655, Proposition C 40% Discretionary - MOSIP Funds RESOLUTION NO. 6655 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, EXECUTING A MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY TO RECEIVE PROPOSITION C 40% DISCRETIONARY FUNDS FOR MUNICIPAL OPERATOR SERVICE IMPROVEMENT PROGRAM WHEREAS, on November 6, 1990, the voters of the County of Los Angeles approved Proposition C, an ordinance establishing cone-half percent sales tax for public transit purposes; and WHEREAS, the Los Angeles County Metropolitan Transportation Authority ("LACMTA"), is the agency responsible for administering the tax revenue; and WHEREAS, on Apri126, 2001, the LACMTA Board of Directors ("Board") approved the creation of a five year municipal operator service improvement program (MOSIP) beginning FY 2002 to improve service to the transit dependent countywide by reducing overcrowding and expand services; and WHEREAS, on November 29, 2007, the LACMTA Board authorized the continuation of the MOSIP; and WHEREAS, the Board approved $8.4 million in Proposition C 40% Discretionary funds for the MOSIP for Fiscal Year 2008-09; and WHEREAS, the City of Arcadia is an eligible operator and desires to receive the MOSIP funds in the amount of $51,498 for FY 2008-09 for the Arcadia Transit dial-a-ride system; and WHEREAS, the Arcadia City Council has adopted a budget for Arcadia Transit for FY 2008-09 evidencing the need for financial assistance; and WHEREAS, the project will further LACMTA's goal of improved transit 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 Memorandum of Understanding with 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 40% MOSIP funds for Fiscal Years 2008-09 through 2017-18. SECTION 2. The City Council authorizes and directs the City Manager or his/her designee to execute and file a claim with 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 through June 30, 2018. 2 SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of November 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 3 ee.., e,,w3 STAFF REPORT Police Department DATE: TO: FROM: SUBJECT: SUMMARY November 4, 2008 Honorable Mayor and City Council Members Robert P. Sanderson, Chie ff Police %~ Tony Trabbie, Fire Chief ( 1 Following the events of September 11, 2001, the National 9-11 Commission identified a very serious weakness in our various metropolitan areas' ability to respond to regional crises and disaster-type events; the lack of interoperable communications. As a result, a steering committee was created to further the creation of a "Los Angeles Regional Interoperable Communications System" (LA-RIGS) for the purpose of developing and implementing a modern, integrated wireless voice and data communications system that will support the communications needs of the more than 34,000 first responders and local mission-critical personnel within the Los Angeles Region. In furtherance of the goal of interoperable communications, aJoint Powers Agreement has been created that will form the LA-RIGS Authority to include the establishment of a Board of Directors to oversee operations. Joining this JPA now provides Arcadia with input as to the governance structure and funding plan for this project. A city must have a JPA to participate in any votes within the Authority. This initial JPA has no fiscal impact on the City of Arcadia and provides the ability for the City to withdraw from the JPA prior to the adoption of a funding plan. Staff is recommending that the City Council Adopt Resolution 6650 approving the Los Angeles Regional Interoperable Communications System Joint Powers Agreement thus authorizing the City's membership in the LA-RIGS Authority, and authorize the City Manager to execute the JPA Agreement. In addition, it is recommended that the staff be directed to report back on the status of the LA-RIGS Authority prior to the adoption of Recommendation: Adopt the funding plan with a recommendation whether to continue the City's membership in the JPA at that time. DISCUSSION The idea behind the LA-RIGS project is to have a county-wide public safety communications system that allows for improved communications among the various public safety agencies that operate in the region. Currently, local and regional police and fire departments do not have inherent capabilities for inter-agency communications. While ad-hoc and other significant, locally designed systems (such as the Interagency Communications Interoperability System or "ICIS") provide some interagency communications, atrue county-wide system does not exist. A major concern is that in the event of a significant disaster or calamity, when inter-agency communication is most needed, the current system(s) will not allow for sufficient coordination between the various law enforcement and fire departments that operate in the County. Joint Powers Agreement For the past two and one-half years, the LA-RIGS Steering Committee, consisting of county-wide principal stakeholders, including city manager representatives from the California Contract Cities and Independent Cities Associations, has been meeting to review the technical and governance issues associated with maintaining and operating such a system for the benefit of all communities in Los Angeles County. Recently, the LA-RIGS Steering Committee drafted and is now recommending a Joint Powers Agreement (JPA) that will form the LA-RIGS Authority that will include the establishment of a Board of Directors to oversee LA=RIGS operations. On August 19, 2008, the Los Angeles County Board of Supervisors approved the JPA. It is anticipated that the Los Angeles City Council will also approve the JPA in November. Additionally, both the Los Angeles Area Fire Chiefs and the Los Angeles Area Police Chiefs Associations have endorsed the JPA. The JPA approval process requires that cities wishing to become "Member Cities" must approve the JPA document within 45 days following both the County's and City of Los Angeles' execution of the JPA. Under the JPA, the Authority will possess the following powers related to LA-RIGS - To make and enter into contracts, including but not limited to, agreements for the purpose of acquiring real and/or personal property, equipment, employment contracts and professional service agreements; - To make and enter into contracts with subscribing agencies who desire to utilize the System for their primary radio communications or affiliates who desire to utilize the System only for mutual and/or automatic aid; - To acquire, construct, maintain, and operate a telecommunications systems or service and to provide the equipment necessary to deliver public services thereby; - To acquire, hold, lease, or dispose of property; - To sue and be sued in its own name; - To apply for, receive and utilize grants and loans from federal, state or local governments or from any other available source in order to pursue the purposes of the Authority; - To issue bonds and to otherwise incur debt, liabilities and obligations, provided that no such bond, debt, liability or obligation shall constitute a debt, liability or obligation to the individual respective Members; - To invest any money in the treasury, which is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to Section 53601 of the California Government Code; and - To promulgate, adopt, and enforce any rules and regulations, as may be necessary and proper to implement and effectuate the terms, provisions and purposes of this Agreement. Funding Plan In order to encourage maximum participation by all cities in Los Angeles County, the JPA is set up so that no financial commitments will be required of participating Member Cities until such time that the newly established Board of Directors adopts a funding plan identifying short and long term capital and operations i3< maintenance requirements. It is anticipated that the funding plan will be developed within nine months following the Authority's establishment. All of the Authority's members will have the opportunity to participate in the development of the funding plan and to identify and assess member's various abilities to contribute resources, including financial, staffing, equipment, infrastructure, or other contributions. If, at any time prior to the adoption of the funding plan, a Member agency feels that it cannot contribute the identified resources or that it would not be in its best interests to continue participating in the system, that agency may terminate its membership without financial contribution or penalty. While initial estimates indicate that LA-RIGS will cost between $485 million and $630 million, the actual cost to implement LA-RIGS will not be known until an RFP for the build-out of the system is released and bids are received. To the fullest extent possible, grant funding will be sought to fund this project; in fact, the regional stakeholders have agreed that 60 percent of all Urban Area Security Initiative (UASI) grant funding for the region will be dedicated to LA-RIGS. Thus far, the Steering Committee has spent over $9 million in Los Angeles City and County funds toward the development of the LA- RKS system. Nonetheless, despite the expected availability of future UASI and other grants, undoubtedly, additional financial resources will be needed to complete funding of LA-RIGS. Member agencies will be able to take part in the development of the funding plan, which will give them the opportunity, as stated above, to terminate its membership without financial contribution or penalty if such Member agency feels that it cannot contribute the identified resources. Governance Structure As per the JPA,. the composition of the Governing Board of Directors, none of whom shall be elected officials (other than the Sheriff), shall be as follows: 1. The City of Los Angeles City Administrative Officer 2. The City of Los Angeles Fire Chief 3. The City of Los Ahgeles Police Chief 4. The City of Los Angeles Chief Legislative Analyst 5. The County of Los Angeles Chief Executive Officer 6. The County of Los Angeles Fire Chief 7. The Sheriff of Los Angeles County 8. The County of Los Angeles Department of Health Services Director 9. The Los Angeles Unified School District Police Chief 10. The City of Long Beach 11. The Los Angeles Area Fire Chiefs Association 12. The Los Angeles County Police Chiefs Association 13. The California Contract Cities Association 14. At-Large Member City 15. At-Large Member City 16. At-Large Member City 17. At-Large Member City Within 15 days of the effective date of the JPA, At-Large Directors and Altemate Directors shall be selected by a majority vote of the Member Cities (excluding the cities of Los Angeles and Long Beach) at a special "selection meeting°. to be convened. The At-Large Directors shall be selected as follows: - One At-Large Director (and one Altemate Director) must represent a Member City that operates both independent police and fire department; - Two At-Large Directors (and two Alternates) must represent Member Cities that operate an independent police department and/or an independent fire department; and - One At-Large Director (and one Alternate Director) must represent a Member City not otherwise represented on the Board. A city must have adopted the JPA to vote at the selection meeting. FISCAL IMPACT There is no fiscal impact to joining this initial JPA for the LA-RIGS Authority. CONCLUSION In light of the benefits and opportunities to help shape the policies and financial/resources planning of the LA-RIGS Authority, coupled with the fact that there is no financial commitment or obligation from the City until such time as a "funding plan" has been adopted by the Authority and the City's potential future resource liability, all- the-while retaining the ability to "opt-out° of the Authority at any time up to the adoption of the funding plan, it would seem that there is no "down-side' to becoming a LA-RIGS Member City at this time. In fact, with the upcoming establishment and selection process of the Board of Directors, it is important that the City have a voice in determining who will represent the City's and other independent cities' interests. Staff recommends that the City Council adopt Resolution 6650 approving the Los Angeles Regional Interoperable Communications System (LA-RIGS) Joint Powers Agreement (JPA) thus authorizing the City's membership in the LA-RIGS Authority and authorizing the City Manager to execute the JPA Agreement. Approved: Don Penman, City Manager RESOLUTION NO. 6650 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,. APPROVING A CERTAIN LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM (LA-RIGS) JOINT POWERS AGREEMENT WHEREAS, the City of Arcadia recognizes ,the need for awide-area and interoperable communications system to better respond to regional crises and disaster-type events; and WHEREAS, the City of Arcadia, acting independently, has limited resources to construct such a communications network providing these capabilities; and WHEREAS, a joint powers agreement has been prepared to create a joint powers authority to coordinate acounty-wide radio communications system for law enforcement and fire communications; and WHEREAS, the City Council desires to become a member of the proposed Los Angeles Regional Interoperable Communications System (LA-RIGS) Joint Powers Authority ("JPA") established for this purpose. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION I. Pursuant to the City's authority under the Joint Exercise of Powers Act, California Government Code Section 6500 et seq., the City Council hereby approves that certain Los Angeles Regional Interoperable Communications System Joint Powers Agreement, a copy of which is attached hereto and t incorporated herein by reference, thereby authorizing the City's membership in the Los Angeles Regional Interoperable Communications System Authority, SECTION 2. The City Manager or his designee is authorized and directed to execute the JPA on behalf of the City to effectuate the intent of this Resolution. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Passed, approved, and adopted this day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: .. ~(//'J~) ~. R V Stephen P. Deitsch City Attorney 2 i.....m...~..e /. STAFF REPORT Development Services Department DATE: November 4, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director?~ l Philip A. Wray, Deputy Director of Development Services Prepared by: Ramiro S. Gonzalez, Assistant Engineer SUBJECT: Professional Services Aoreement - Enoineerino Services for the 2009 Engineering and Traffic Survey Recommendation: Authorize the City Manager to enter into a Professional Service Agreement with Kimley-Horn and Associates, Inc. for engineering services in the amount of $18,010 SUMMARY The California Vehicle Code requires cities to conduct Engineering and Traffic Surveys (E & T) every five years to set prima facie speed limits on City streets. The current resolution establishing speed limits within the City is set to expire in March 2009. Development Services/Engineering sent Requests for Proposals to three qualified firms to provide engineering services for this project. Engineering services to be performed included conducting radar surveys, reduction of the radar data to establish the 85rn percentile, establishment of an accident rate and a survey to determine roadway conditions, and preparation of the final report in acourt-approved format. Staff received two proposals and selected Kimley-Horn and Associates to perform the work. Staff recommends entering into a Professional Service Agreement with Kimley- Horn and Associates for engineering services in the amount of $18, 010. BACKGROUND The purpose of•the E & T Survey is to establish speed limits enforceable by radar on City streets. The California Vehicle Code (CVC) Section 40802(b) defines a speed trap as a section of highway with a prima facie speed limit not justified by an E & T Survey conducted within the past five years and where enforcement involves the use of radar or other electronic devices used to measure the speed of moving objects. Section 40802 Staff Report November 4, 2008 Page 2 declares that evidence obtained from the use of a speed trap is inadmissible in court when prosecuting under the Code. The E & T Survey referred to above is defined in Section 627 of the CVC as a survey of highway .and traffic conditions in accordance with methods determined by the Department of Transportation (CalTrans) for use by State and local authorities. The survey must include: 1. Prevailing speeds as determined by engineering measurements 2. Collision reports 3. Highway, traffic, and roadside conditions not readily apparent to the driver The current E & T Survey, which was adopted by the City of Arcadia in March 2004, will expire on March 3, 2009. The proposed E & T Survey will establish recommended speed limits on portions of 38 arterial and collector streets. DISCUSSION Pursuant to the CalTrans Traffic Manual, speed limit recommendations were historically based on the 85th percentile speed. The speed limit recommendation was set at the speed at or below the 85th percentile. Recent court rulings have changed that. Speed limit recommendations are now to be set at or the next highest 5-mph increment of the 85th percentile. In the past, Police Department staff gathered the speed data and Engineering staff prepared the report. Due to perceptions of conflict of interest, and rulings by the court as noted above, it was determined that the best interests of the City would be served by obtaining those engineering services through an outside consultant. Requests-for-proposals were sent to three firms qualified to perform E & T Surveys. The City received responses as follows: Kimley- Horn and Associates $18,010 Willdan Engineering $21,070. Katz Okitsu No Response Upon review of the .proposals, staff recommends entering into a Professional Service Agreement with Kimley-Horn and Associates Inc. for engineering services in the amount of $18,010. FISCAL IMPACT A portion of the Development Services Department/Engineering Division Contract Services' budget in the 2008/2009 Fiscal Year Operating Budget was set aside in Staff Report November 4, 2008 Page 3 anticipation of contracting for these engineering services. There are sufficient funds available to obtain these services. It is recommended that the City Council authorize the City manager to enter into a Professional Service Agreement with Kimley-Horn and Associates, Inc. for engineering services in the amount of $18, 010. Approved By: Donald Penman, City Manager JK:PAW:RSG:pa