HomeMy WebLinkAboutOctober 20, 1998Y
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A N N O T A T E D
A G E N D A�
Arcadia City Council
and
Redevelopment Agency
Meeting
October 20, 1998
5:00 p.m.
Council Chamber Conference Room
LLM16101
ROLL CALL: Council Members Chandler, Harbicht, Marshall, Roncelli and Kovacic Lack of a quorum
at p m.
Meeting CONVENED
1. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO at 6:00 p.m. with
ADDRESS THE CITY COUNCIL (NON- PUBLIC HEARING/ FIVE MINUTE with all.members
TIME LIMIT PER PERSON) RE: 6:00 P.M. SESSION. None present
2. CLOSED SESSION
At 6:04 p.m.
RECESSED to the
a. Pursuant to Government Code Section 54957.6 to confer with City labor Closed Session
negotiators Carol Prz b cien, Dan Cassidy and William Kell regarding which ended t
9 Y Y Y Y 9 9 6:50 p m. Meeting
Teamsters Local 911, AFSCME Local 2264, AFFA, Management and RECONVENED in
non- represented employees. the. Council Chmbr. at 7:00 p.m.
b. Pursuant to Government Code Section 54956.9(b) to confer with legal counsel
regarding a significant exposure to litigation against the City based on existing
facts and circumstances (not yet known to potential plaintiffs) — as advised by the
City Attorney. Closed Session Item 2b. not discussed
INVOCATION
7:00 p.m.
Council Chamber
Pastor Dan Earp, Calvary Chapel of Arcadia
PLEDGE OF ALLEGIANCE Vincent Foley
ROLL CALL: Council Members Chandler, Harbicht, Marshall, Roncelli and Kovacic All Present
CLOSED SESSION The City Attorney announced a Closed Session had been held ear ier t is
evening to discuss Agenda Item 2a. Item 2b.:was not discussed.
3. PRESENTATION of Mayor's Community Service Award to Rex Dondlinger.
4. PRESENTATION of Mayor's Business Recognition Award to Robert Watkins of Captured
Images Photography.
5. PRESENTATION of Mayor's Employee Recognition Award to Silva Vergel.
1
A
7
8.
ACTION
PRESENTATION to the City Council from the Arcadia Festival of Bands and presentation
of a Proclamation declaring Festival of Bands Month. ,Tim and Margaret Barrows
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING
AGENDA ITEMS.
QUESTIONS FROM CITY COUNCIL/REDEVELOPMENT AGENCY
REGARDING AGENDA ITEMS.
MOTION: Read all Ordinances and Resolutions by title only and waive
reading in full.
9. PUBLIC HEARING
Report and recommendation to approve Zone Change 98 -003 to change
the zoning from M -2 (Heavy Manufacturing) to M -1 (Planned Industrial
District) on the vacant 9.2 -acre parcel located on the south side of Lower
Azusa Road.
None
None
Adopted 5 -0
Pub. Hrg. Closed
Approved 5 -0
Pub. Hrg . Closed
b. Report and recommendation to approve Text Amendment 98 -003 to A roved 5 -0 as
amend Section 9266.1.4 of the M -1 zone to allow governmental offices in amend��— change
word abuts .to,5
the M -1 zone, when located adjacent to residential subject to the CUP process. f add anent"
10. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO
ADDRESS THE CITY COUNCIL/REDEVELOPMENT AGENCY
(NON- PUBLIC HEARING /FIVE MINUTE TIME LIMIT PER PERSON). None
11. MATTERS FROM ELECTED OFFICIALS
City Council Reports /Announcements /Statements /Future Agenda Items see Minutes
12. CONSENT
a. Minutes of the October 6, 1998 Regular Meeting. Approved 4 -0 with
1 abstention
b. Report and recommendation to adopt Resolution No. 6079, A Resolution Adopted 5 -0
of the City Council of the City of Arcadia, California, approving Program
Supplement Agreement No. 002 -M encumbering funds for the pavement
rehabilitation of El Monte Avenue, from Longley Way to Camino Real Avenue.
C. Report and recommendation to award a contract to "Special 7, in the Approved 5 -D
in the amount of $86,800.26 for the purchase of thirty -five (35) self contained
breathing apparatus units for the Fire Department.
ACTION
13. CITY MANAGER
a. Report and recommendation to provide direction on the allocation of Approved Prop. A
p P fUnrlc fnr Newcastle
Proposition A Park and Recreation Funds. Park 5 -0, and
Dana & 1st Avenue
'Middle Schools 4 -1
b. Report and recommendation to authorize staff to fill the positions of Approved 5 -0
Maintenance Worker in the Maintenance Services Department and Senior
Account Clerk in the Administrative Services Department.
C. Report and discussion regarding the 1st Quarter Update of Management uec P_ `e & Pile
Work Programs and Fiscal Year 1998 -1999 Budget. Report 5 -0
14. CITY ATTORNEY
a. Report and recommendation to ADOPT ORDINANCE NO. 2091, Adopted 5 -0
An Ordinance of the City Council of the City of Arcadia, California, amending
Section 3240 of the Arcadia Municipal Code relating to parking on private
property (signs).
ADJOURN City Council to November 3, 1998 at 5:00 p.m.
3
ADJOURNED at 10:50 p.m.
7-0
STAFF REPORT
MAINTENANCE SERVICES DEPARTMENT
October 20, 1998
TO: MAYOR AND CITY COUNCIL
FROM: PAT MALLOY, MAINTENANCE SERVICES DIRECTO
PREPARED BY: BRYAN E. BOESKIN, MANAGEMENT
REVIEWED BY: CAROL PRZYBYCIEN, HUMAN RESOURCES MANAGER
SUBJECT: REPORT AND RECOMMENDATION TO AUTHORIZE STAFF TO FILL ONE
(1) MAINTENANCE WORKER POSITION IN THE MAINTENANCE
SERVICES DEPARTMENT
SUMMARY
The Maintenance Services Department is requesting authorization to fill one (1) Maintenance
Worker Position in the Utilities Section - Customer Service Unit. This position is budgeted for in the
1998/99 Maintenance Services Department Operating Budget. The position is wholly funded
through the Water Enterprise Fund.
DISCUSSION
For the last four years, the Maintenance Service Department has continued to restructure and
reorganize to maintain optimum levels of service while responding to increasingly rigorous fiscal
constraints. The Department has reduced its staffing level from 73 full -time employees (FTE) in
1994 to the present level of 55 FTE. The loss of 18 employees in a span of four years represents a
25 percent reduction in the original workforce. Beyond permanent reductions in staffing, the
Department has attempted to further reduce operational costs by consolidation of various positions
and leaving existing positions vacant for an extended time to monitor whether the position is in fact
critical to department operations.
Based on staffs ongoing evaluation of department output and efficiency, it has been determined
that the current work force has reached a critical level. Any further reductions will result in
diminishing returns with respect to operational productivity and level of service provided to the
community. Staff has concluded that leaving positions within the department vacant results in
constant shuffling of the remaining employees to perform duties and functions that they may not
be completely familiar with. It further necessitates that affected employees neglect some of the
duties of their own position in order to fulfill critical tasks associated with vacant positions. The
net result of these factors is an overall decrease in department productivity and employee morale.
The pressure of decreased staffing is also compounded by the fact that the Department is continually
assigned with new duties. tasks and unscheduled projects (such as tree removals and special requests
for unscheduled services) which ultimately reduce the Departments ability to carry out routine
maintenance functions.
44cm-IMAGED
MAYOR AND CITY COUNCIL
October 20, 1998
PAGE 2
The Maintenance Worker position in the Utilities Section - Customer Service Unit will be vacated
though retirement effective October 24, 1998. This particular Maintenance Worker position is
responsible for water meter reading, meter replacements, small meter repairs, water service
installations, service repairs, i.e. leaks, main breaks and other field- related customer service
functions pertaining to the water utility. A current job description for the Maintenance Worker
position is attached for reference.
FISCAL IMPACT
Funds for this position have been appropriated in the 1998/99 Maintenance Services Department
Operating Budget. This position is funded wholly through the Water Enterprise Fund and has no
fiscal impact on General Fund Expenditures.
RECOMMENDATION
It is recommended that the City Council authorize staff to fill one (1) Maintenance Worker
position in the Utilities Section — Customer Service Unit.
PM:BB:ds
Attachment
APPROVED: us_'
William R. Kelly, City Manager
C:TY OF ARCADIA APPROVED BY P_- SONNEL HOARD 10/77
APPROVED ' �- Y COUNCIL 11/77
• AMENDED SOOPERSONNEL HOARD 9/14/89
AMENDED BY CITY COUNCIL 1/16/90
MAINTENANCE WORKER
.TnA .gTTMMARY
Under direct supervision, performs a variety of maintenance and construction tasks
in connection with the Public Works system; and performs related work as required.
EXAMPLES OF DUTIES
Assigned to a General Services Division crew:
Constructs and repairs asphalt and concrete streets, curbs, gutters, sidewalks,
drainage or other structures; maintains and repairs sewers, clearing sewer and
storm drain stoppages; assists in hand and machine painting of traffic lines,
signs, crosswalks, curb markings, parking lines and similar tasks; performs general
ground maintenance work in planting, cultivating, irrigating, fertilizing, pruning
of flowers, shrubs and trees; plants, mows and trims lawns; hoes weeds and
:maintains sprinkler systems; assists in performance of general building maintenance
work in construction and repair of buildings and accessories; does emergency or
special work as required.
Assigned to a Water Division crew:
Works on a small crew, assisting in the installation of water mains, water
services, related water distribution and storage facilities; breaks pavement and
makes excavation for water mains, water service and related facilities; applies
pre -mixed asphalt for temporary patching after back - filling and compacting trenc.';
assists :n assembling, laying and aligning ductile iron, steel and cooper pipe;
assists in tapping mains and boring for service installation; checks meters
malfunction upon notice by the reader of after a customer's complaint; installs new
or reconditioned meters, removing suspect meter for repair at the shop; assists in
installing and repairing fire hydrants and valves; flushes mains; cleans and cares
for tools on service trucks; keeps records of meter replacements; cleans and paints
buildings, reservoirs and other structures; reads consumer water :peters and
accurately records readings. Overtime Assignments /Standby Duty: The purveyance of
rater is a vital service to the community and as such requires the availability of
Division personnel at all times. Consequently, employees will be required to
respond to emergency calls, accept periodic overtime assignments and perform any
and all duties deemed necessary by the Division.
'ES:RA3LZ QUALIFICATIONS
':raining and Experience
One year experience in maintenance or construction work or related labor, or semz-
sk_1' -ed work with knowledge of the operation of power- dr -ven equipment or some
other combination of education and experience of equal value; possession of a valid
California Motor Vehicle Operator's License as required by Motor Vechicle Code, as
per vehicles to be operated.
Abilities
Ability to read, write and understand directions and the ability to successfully
meet and deal with the public and employees in a cooperative manner, prepare
routine records and reports; and use and properly maintain hand tocls and power-
triven equipment.
' STAFF REPORT
►oussv.
ADMINISTRATIVE SERVICES DEPARTMENT
October 20, 1998
TO: Mayor and City Council
FROM: James S. Dale, Director of Administrative Services"
SUBJECT: Report and Recommendation to Authorize Staff to fill the
Position of Senior Account Clerk.
SUM MARY:
The Administrative Services Department is requesting authorization to fill
the position of Senior Account Clerk, which will be vacated, with the
retirement of the employee that currently fills this position, in December.
This position is fully funded in the current year's (1998 -99) Operating
Budget.
DISCUSSION:
The City has one individual that serves in the position of Senior Account
Clerk. In addition to other duties assigned, this individual is charged with the
responsibility of maintaining the City's payroll system and processing the
actual by- weekly payroll.
The Senior Account Clerk is a key position in the operation of the City and
all transactions that involve payroll are channeled through this individual.
The Senior Account Clerk audits and processes data received from the
various departments regarding payroll and produces the actual payroll. The
Senior Account Clerk also performs complex clerical accounting work in
connection with compiling and verifying financial and statistical data and
related work as required. This Senior Account Clerk, in the area of
maintaining the payroll system, implements and maintains payroll policies
and procedures in conformance with existing labor contracts and other City
adopted policies and procedures; has a working knowledge of Federal laws
contained in the Federal Labor Standards Act (FLSA) and other Federal laws
relating to payroll including the tax laws of the Internal Revenue Service
(IRS).
As indicated, the Senior Account Clerk is an essential position within the
Administrative Services Department. The critical nature and the
responsibilities and duties this position performs and the relationship and
support the Senior Account Clerk provides to the entire city operation,
makes it imperative that authorization to fill this position is granted.
FISCAL IMPACT:
The position of Senior Account Clerk has a salary range of from $2,752 to
$3,345 per month plus benefits. Funds for this position are included in the
1998 -99 Operation Budget.
RECOMMENDATION
It is recommended that the City Council authorize staff to fill the
position of Senior Account Clerk.
Attachment: Senior Account Clerk Class Specification
APPROVED:
William R. Kelly, City Manager
4k.
CITY OF ARCADIA
M
APPROVED BY PERSONNEL BOARD 3/17/83
APPROVED BY CITY COUNCIL 4105/83
AMENDED BY PERSONNEL BOARD 6/13/91
AMENDED BY CITY COUNCIL 9/3/91
Under general supervision, to perform complex clerical accounting work in connection with
compiling and verifying financial and statistical records; and to do related work as required.
RESPONSIBILI M
Uses independent judgment in interpreting administrative policies and procedures.
Determines the action required and completes the necessary forms and receipts.
Performs a variety of complex accounting clerical tasks.
FFM M49-94022 Sri
May review, calculate and perform accounting adjustments; audit and reconcile registers, cash
and City accounts. _
Post entries from supportive records and balance against other records.
May set up records to indicate payroll deductions.
May prepare accounting payroll and checks; maintain general and subsidiary ledgers, daily logs
and other records according to established revenue and expenditure account classifications.
May assist Treasurer in investment of City Funds.
May perform annual assessment district billing and collection.
May Prepare daily deposit of receipts.
May supervise accounting and clerical staff.
Receive, review and enter payments received for City services.
Check records and papers for clerical and arithmetic ar.,: uracy, completeness and compliance
with established standards and procedures.
Prepare accounting records, and financial and statistical reports.
Senior Account Clerk
Page 3
Establish and maintain effective working relationships with other employees and the public.
Three years of responsible clerical accounting experience involving the preparation and
maintenance of various financial records.
Education:
Equivalent to graduation from high school. Course work in financial record keeping is highly
desireable.
A combination of equivalent experience and training that would provide the required skills,
knowledge and abilities would be qualifying.
i
STAFF REPORT
FIRE DEPARTMENT
DATE: 10/20/98
TO: Mayor and City Council `
FROM: James M. Reed, Fire Chief
Reviewed by: Jan Steese, Purchasing Officer
Prepared by: Richard Brown, Battalion Chief
SUBJECT: Report and Recommendation to Award a Contract to `Special T', in the Amount
of $86,800.26 for the Purchase of Thirty -Five Self Contained Breathing
Apparatus (S.C.B.A.) Units for the Fire Department
Summary
The City Council approved the purchase of self contained breathing apparatus units for the Fire
Department as part of the Five Year Capital Improvement Program for Fiscal Years 1998
through 2003. The Arcadia Municipal Code requires any purchases and contracts for supplies,
materials, equipment and services with an estimated value greater than thirty thousand dollars to
adhere to established procurement policies and be brought to the City Council for approval.
Staff is requesting the City Council award a contract to `Special T', in the amount of $86,800.26
for the purchase of thirty-five self contained breathing apparatus units for the Fire Department.
Discussion
In October 1997, Fire Department staff began researching the replacement of self contained
breathing apparatus (S.C.B.A.) units used by fire fighters in hazardous and toxic environments.
The Department proceeded to conduct comprehensive testing and an evaluation of S.C.B.A.'s
provided by the two industry leaders, Scott and M.S.A. The Fire Department is very familiar
with M.S.A. units and has been using this brand for more than twenty years. Additionally, many
of our personnel have been trained by M.S.A. representatives in repair and maintenance of these
products which results in significant savings to the City.
Upon completion of the evaluation process, the M.S.A. units were selected as the better fit for
this Department and met the requirements of a sole source vendor. This project was then
submitted to the City Council and approved as part of the 1998 -2003 Five Year Capital
Improvement Program. This is a multi -year project with $88,000.00 budgeted in fiscal year
1998/99 and $50,000 budgeted in 1999/2000.
M.S.A. currently has an incentive program that provides for free air cylinders for each S.C.B.A.
unit if the purchase is made prior to October 31, 1998. The cost of these air cylinders were
✓vc/{_111 LASER 11MAGED
included in the original estimate. Thus, by taking advantage of this incentive program the City
will save approximately $23,000.00.
Fiscal Impact
If approved, the total cost of this project will be reduced from $138,000.000 to $113,800.26, of
which $86,800.26 will be expended in the current fiscal year and $27,000.00 in fiscal year
1999/2000.
Recommendation
Staff is recommending the City Council award a contract to `Special T', in the amount of
$86,800.26 for the purchase of thirty-five S.C.B.A. units for the Fire Department.
APPROVED: —Uu-�A4
William R. Kelly, City Manager
JMR:JS:mac
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Sale Source Justification
October 13, 1998
M
TO: Mayor and City Council
FROM: James M. Reed, Fire Chief
Reviewed by: Jan Steese, Purchasing Officer
Prepared by: Richard Brown, Battalion Chief
SUBJECT: RECOMMENDATION TO AWARD SOLE SOURCE CONTRACT
TO PURCHASE SELF CONTAINED BREATHING APPARATUS
In October, 1997, Fire Department staff began researching the replacement of
self contained breathing apparatus (SCBA), used by firefighters in hazardous and
toxic environments. The City Manager and the City Council authorized an
expenditure of $88,000.00 this fiscal year and $50,000.00 for FY99 -00. This
Department conducted a very comprehensive evaluation of SCBA's earlier this
year with manufacturers from Scott and MSA providing SCBA's for our
evaluation.
Technical screening and field testing were conducted by the SCBA Committee in
January of this year. The testing involved six days of controlled drills at Fire
Station #1. All on duty members participated in the field testing under the
supervision of Captain Dave Haney. Specific tests were employed that allowed
each participant the opportunity to work in each SCBA throughout a range of
simulated fireground tasks. Each member was given a rating sheet for each
brand of SCBA. At the completion of each drill, the member filled out the
questionnaire, rating that unit. Another rating sheet allowed for members'
opinion of each brand. At the conclusion of the testing, the MSA MMR Extreme
was the top choice. The Scott Air Pack 50 was a top quality unit, however, the
ratings gave MSA the nod, as it is similar to the existing MSA in use by this
Department for more than 20 years.
Another consideration to go with the MSA product is the fact that MSA has
trained five of our personnel in repair, maintenance, and testing of our SCBA's.
The ability to repair units, in house, cuts down the time an SCBA is out of
service. In most cases the repair can be made the same day. With the Scott Air
Pack, the units would have to be delivered to a repair facility in Baldwin Park,
where we would leave it for the repairs, which in some cases may take more than
a week, depending on the facility's workload.
It is our recommendation that a sole source contract be awarded to "Special T",
the Southern California MSA vendor, for 35 MSA MMR Extreme SCBA's.
' T
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STAFF REPORT
RECREATION DEPARTMENT
DATE: October 2D, 1998
TO: Mayor and City Council
FROM: Jerome J. Collins, Director of Recreation
Don Penman, Deputy City Manager /Development Services Director oP
SUBJECT: RECOMMENDATION TO PROVIDE DIRECTION ON THE
ALLOCATION OF PROPOSITION A PARK AND RECREATION
FUNDS
SUMMARY
The Safe Neighborhood and Parks Open Space Measure (Proposition A) was approved
by Los Angeles County voters in 1996. In accordance with the per parcel discretionary
grant program provision of Proposition A, the City of Arcadia is eligible to receive
$242,438 for use on capital projects to acquire, develop, improve and /or restore
property for parks and recreational purposes. The City must apply for these funds
before June 30, 2001.
The Arcadia Recreation Commission has reviewed a variety of alternatives for this
money and they are recommending that it be allocated for improvements at-.Dana,�:First
Avenue and Foothills Middle Schools and Newcastle Park.
BACKGROUND
Proposition A Park and Recreation Funds are available to cities in Los Angeles County
for use on capital projects to acquire, develop, improve and /or restore property for parks
and recreational purposes. The grant is non - competitive and does not require local
matching funds. It is an excellent way for the City to enhance the recreational activities
provided to Arcadia residents.
The Recreation Commission has reviewed a number of alternatives for using these
funds. On June 6, 1998, the Commission made a presentation to the City Council on
this issue. The Commission gave an overview of the history of the use of Proposition A
funds in Arcadia and discussed 'now their needs assessment and priority list was
established. The Commission also presented to the Council their recommendation for
how to allocate the grant monies to which the City is entitled. The following is a list of
the Recreation Commission's recommendations:
LASER IMAGED
0
tOayor and City Council — Proposition A Funds
October 20, 1998
Page 2
M
Location Description Estimated Cost
Prop. A Private
Dana Middle School Field Lighting $ 146,200
Bleachers $ 10,000
First Avenue Middle School Basketball Court (3) Lighting $ 26,800
Bleachers $ 10,000
Foothills Middle School Bleachers $ 10,000
Lighting M-Imt-
(Gonditional upon other outside
funding for installation of field fighting.)
Newcastle Park Playground Equipment $ 20,000
Engineering Cost and
Contingencies $ 19,438
TOTAL $ 242,438
It should be noted that the reason the Commission originally suggested that bleachers
be installed at Foothills School (without lights) is because doing a Proposition A project
at this location will make the site eligible for future maintenance monies also available
through Proposition A. Since there is not enough grant money available to light the field
at Foothills Middle School, the Recreation Commission contacted various civic
organizations to see if they would be willing to contribute funds to pay for the lighting.
Doing so would enable the field at Foothills to be designated as a practice field for
football and soccer. The Commission received offers from Arcadia AYSO, the Santa
Anita Soccer Club and the Arcadia Rotary Club to contribute a total of 596,000 which
would cover the potential cost of this project. It needs to be emphasized that these
improvements are not proposed solely for soccer activities. The improvements will
make the referenced properties more available for all recreationallsports activities.
In anticipation of controversy over the proposed improvements, and to promote a
cooperative approach, at the meeting of June 6, the Commission asked the City Council
for authorization to conduct neighborhood meetings to present the proposal to residents
in the affected areas and solicit their input. The City Council approved this request on a
4 =1 vote. (!inutes of these meetings have been provided previously to the City
Council.)
Mayor and City Council — Proposition A Funds
October 20, 1998
Page 3
DISCUSSION
Soccer and other team sports are popular among children of all ages and the need for
additional facilities is an important element of our overall recreation program. New
playground equipment pt Newcastle Park will make the play experience more enjoyable
for youngsters and will also bring the park into compliance with Americans With
Disabilities Act (ADA) regulations. In addition, these projects are consistent with staffs
ongoing effort to enhance youth recreational opportunities, as well as the goals,
objectives and suggestions of the Youth Master Plan (YMP) and the goals and
objectives of the City's General Plan. Because there is limited City property available
for use as recreational facilities, the City has worked with the School District on a
regular basis to ensure that the community receives the recreational opportunities
needed to meet the needs of our growing population base. In fact, the School District
has been a willing and cooperative partner in the implementation of recreational
programs and the construction of physical improvements on their property.
There have been questions raised as to which government agency, the City or School
District, has final approval of the proposed improvements referenced in this report.
Because the lighting and bleacher projects are located on School District property, and
not subject to City zoning laws (provided they adopt an appropriate zoning exemption),
the ultimate authority to approve or disapprove them lies with the School District (see
the attached memorandum from the City Attorney). The City is the funding source and
has the ability to offer money to the School District, but in order for the improvements to
be made the School District must formally accept the money and agree to construct the
— - improvements, after compliance with the California Environmental Quality Act (CEQA)
and other provisions of State law affecting school construction. The School District is
also the agency that would define the projects and be responsible for imposing
conditions of operation. (The City has jurisdiction over the suggested improvements at
Newcastle Park.)
Even though the City Council is being asked only to allocate funds for certain projects, it
should be pointed out that there is objection from residents in the neighborhood of
Foothills and Dana relative to the idea of installing playing field lights. This concern is
applicable to the Council's discussion tonight both because of your interest in their
opinions and because one of the Recreation Commission's recommendations is to
allocate money for the installation of bleachers at Foothills School. The theory behind
this is that the bleachers can be used to watch the practices that may eventually take
place under lights that could be installed at a later date with private money. In addition
to numerous postcards and letters stating opposition to the project, the City Council
M
Mayor and City Council — Proposition A Funds
October 20, 1998
Page 4
0
received the attached letter from attorney Michael Montgomery, who represents a group
of residents living in the area surrounding Foothills Middle School.
CONCLUSION
There are many options and variables relative to the use of Proposition A funds.
Ultimately, this should be a win -win situation. Through the use of voter - approved
Proposition A money, the City of Arcadia is able to fund $242,438 worth of recreation
program enhancements that will directly benefit the youth of the community.
Regardless of which improvements the City Council decides to pursue, the ultimate
result is that Arcadia's children will have access to additional and improved recreational
activities.
Because the true impacts of lighting and the expanded use of these school sites as
playfelds has not been determined, staff cannot recommend whether or not the City
should proceed with the bleachers and lighting. We can say that from a recreation
standpoint, yes, these projects would enhance the City of Arcadia's recreation program.
Are they absolutely critical to our being able to provide excellent recreation
opportunities? No. Staff does not recommend the installation of bleachers at Foothills if
no lights are installed and suggests that these funds be allocated elsewhere.
The City Council has the ability to approve all, none or a portion of the. Recreation
Commission's recommendation. If the Council determines that bleachers and lighting is
not the best use of this money you may refer the matter back to the Recreation
Commission for additional analysis, specifically calling upon them to explore alternative
options or locations to those referenced herein. Some of the concepts you may wish to
have researched for feasibility include using the money for playground equipment at
other parks and /or making improvements at such locations as Arcadia High School, the
open space area adjacent to the 3 -Par golf course (City -owned water sites), or Arcadia
County Park. This may seem far - fetched, but perhaps the money could even be used
toward an effort that may develop to build a "regional sports complex" at the vacant
drive -in on Live Oak Avenue in the County portion of Arcadia. Another option is to refer
the issue to the Youth Master Plan Committee and ask them to provide their comments
to the Recreation Commission and City Council. Projects can be applied for on an
individual basis. We do not have to apply for the entire allocation at the same time.
n
Mayor and City Council — Proposition A Funds
October 20, 1998
Page 5
ENVIRONMENTAL ISSUES
The proposed improvements at the middle schools could have a negative environmental
impact and will therefore be subject to California Environmental Quality Act regulations.
Staff estimates that, at a minimum, a focused Negative Declaration will be required,
based upon the issues relating to the lights, noise, traffic and parking at the schools.
Again, because the School District has the ultimate responsibility for the project (i.e.
they are the "lead" agency), this is a matter under their jurisdiction. (See the attached
memorandum from the City Attorney.)
FISCAL IMPACT
City Council authorization to allow staff to apply to the County for Proposition A funds
will enable the City to receive $242,438 for recreational activities. Thus, the City is able
to improve its recreation program at no cost to the General Fund.
(As a matter of background, the County also provides the City with an additional
allocation of Proposition A funds to be used to help us maintain and operate the
improvements made with the $242,438. Specifically, the City will receive $66,205 every
year for 22 years to assist with the cost of maintaining and operating all of the projects,
past and present, constructed with Proposition A money.)
OPTIONS
The City Council has the following options:
a. Approve the Recreation Commission's recommendation. Authorize staff
to apply for the applicable Proposition A grant funds.
b. Approve any portion of the Recreation Commission's recommendation.
Authorize staff to apply for the applicable Proposition A grant funds.
c. Refer the matter back to the Recreation Commission and /or to the Youth
Master Plan Committee.
d. Determine on your own what projects should be funded with this money.
Authorize staff to apply for the applicable Proposition A grant funds.
M
Mayor and City Council — Proposition A Funds
October 20, 1998
Page 6
M
If improvements are to be made on school property, staff will relay to the School District
the Council's offer to pay for (the approved) improvements.
RECOMMENDATION
Staff recommends that the City Council review this report and direct staff as
appropriate.
Approved:
William R. Kelly, City Manager
Attachments:
1. Letter to the City Council from attorney Michael B. Montgomery, dated October
14, 1998
2. Memorandum from the City Attomey dated October 16, 1998
3. Letter to the City Manager from the School Superintendent dated October 14,
1998
4. Process flowchart
On
LAW OFFICES
MICHAEL B. MONTGOMERY
A LAW CORPORATION
10501 VALLEY BOULEVARD, SUITE 121
EL MONTE, CALIFORNIA 91731
TELEPHONE (626) 452 -1222
FACSIMILE (626) 452 -8323
ALSO ADMITTED TO FLORIDA
AND HAWAII STATE BARS
October 14, 1998
City Council
City of Arcadia
Arcadia City Hall
P.O. Box 50021
Arcadia, California 91OGG -6021
En
Re: Highlands Middle School /Proposed Soccer Lights
Dear Councilmembers:
ORANGE COUNTY OFFICE
453 S. GLASSELL STREET
ORANGE, CA 92666
(714)771.7728
FLORIDA OFFICE
524 S. ANDREWS AVENUE
FT. LAUDERDALE, FL 33501
(954) 522 -9441
OF COUNSEL
ALAN R. BURNS
JOHN ROBERT HARPER
Limited Liability Partnerships
WENDY D. DAWER
This office' represents Homeowners for Protecting Our Environment
(HOPE), an unincorporated association of residents living in the
residential areas adjacent to and surrounding Foothills Middle School.
With respect to the proposed installation of lighting at the Middle
School, that would facilitate evening and night sports activities on that
field, my clients are strongly opposed to the proposal, on the ground
that its approval would drastically alter the historic quality of life in
the. surrounding area, and consequently result in undesirable increases
in noise, pollution, traffic, and a resultant decrease in property
values. My clients urill speak to the political issues, and my purpose in
this memorandum is solely to address those issues that would be raised -
in a challenge to the Foothills Middle School approval, if granted:
1. Environmental
impact.
The proposal, as I understand it,
includes, "Four (4) seventy foot
(70') galvanized tapered
steel Light
Structure poles with
pre - stress
concrete columns, with
galvanized
tubular steel cross arms, pre - wired, assembled and factory
welded to
the pole tops" , of 60.8
K,, -: lighting,
on what is be known as
the 'soccer
field'.
n. The field is to be aviiil,,blc nol 1(!ss than fire nights each
up lentil J0: 00 p.m. for amateur athletic practice and
comhctition,' plus rr!(111th1 y that can go later than 10
p.m.
3. A prripo.,4al it1volvill�_ (-owr•ol personnel and /or
p,,,rhinc- hermits to iiwrc:(.--�c•d 'niffic awl parkin; pressures.
05
LAW OFFICES
MICHAEL B. MONTGOMERY
M
City Council, City of Arcadia
Re: Foothills Middle School
October 19, 1998
Page 2
The existing neighborhood is SFR -6, according to the City's most
recent general plan map available to the public, and the Foothills Middle
School site itself is zoned "R -111. The Arcadia City Council approved
the site for school purposes on June 17, 1958. The school bond
election in 1959 recited in its "fact sheet" that the new junior high
school would cost $1,400,0010, to build 25 classrooms, shower and locker
facilities for the boys and girls, and a multi - purpose room to be used
as a cafeteria and place of assembly ( only 1. Two previous larger bond
issues had failed.
The residents will testify as to the expected environmental impact on
the existing land use, and based upon what I understand the testimony
to be, I would point out that this is an activity- which will cause a
direct physical change in the environment, and as such, is a
,,project"."` Substantial evidence indicates that the project may have a
significant environmental impact, and a full EIR must be prepared.'
That there is an impact is also found in the memorandum of February 5,
1998 by the Director of Recreation, written to the City Manager.
Within the scope and responsibility of his duties, the Director of
Recreation points out that, "AYSO has been using the field for many
years, recently some participants have been jumping fences, . leaving
trash, etc. ". . . "This March, Santa Anita Little League will play
softball in the field, and they are concerned about additional problems."
The memorandum points out that, "The bottom line is that the neighbors
are unanimously opposed to lights, because they feel they have already
had more than their share of problems, and that it would be grossly
unfair for additional use of the fields at night."
Add to this, the recognition of the increased traffic, i.e., a stream of
cars dropping players off. then the same stream of cars returning to
pick players up, to thr extent that parking permits and parking
gztidance personnel have been siiggested. A list of coiw-erns, copy
atiac.l,ed, w•as handed by my client to the Planning Commission at its
July 29 meetincr, which tieed to be , Any approval prior to a
full environmental tucly wnidd I)(-• promaturc•.
2. Ci1v Clmrior
. Tlie City's Clhp:rter, is amendc,d in li1bF,, iw(wides, "The eneral plan
I%W *4610
LAVV OFFICEES
MICHAEL B. MONTGOMERY
Cite Council, City of Arcadia
R.c: Font.hills Middle School
Oct obcr J4, J 998
Page 3
shall serve as a guide to all future Council action concerning land use,
development regulations, and expenditures for capital improvements"
(§807). The charter also provides, "Iii all matters not specifically
provided for in this Article, the Board of Education shall be governed
by the provisions of the general law relating to such matters" ( §1405).
3. General Plan
General Plan Section 3.0, "Municipal Facilities and Services ", does
DOT list Foothills Middle School as a park or recreation facility. Also,
in the general plan, the homes surrounding Foothill Middle School are
designated as "SFR -G ", and are defined as "low density, single family
detached residential neighborhoods" (p. 2 -11) . At p. 2 -29, is found
the section entitled, "Open Space for Public Recreation ", which refers
to the inventory of facilities in Chapter 3.0. Therefore, the general
plan does not contemplate Foothills Middle School as "open space for
public recreation ". Page 3 -24 of the general plan provides:
"The City of Arcadia's approach to promoting
continued excellence of its local school system is to
ensure that its land use, circulation, and public
facility planning efforts are cnordinated with the _
master planning efforts of local school districts. To _
this end, the City of Arcadia will require proposed
new development to provide appropriate mitigation
of school impacts. In addition, the Citv will
maintain a Pattern of existing and planned land
uses that discourages overcrowding of existing and
planned school facilities. The city will also
discourage the location of incompatible uses in the
vicinjiv of local school-.;. and will avoid the creation
of unsafe traffic volumes and c!c)rjditic)nL; al nr near
e�Jstiii, and plannc,d school facililit-s."
A1� clients submit that the installation of the li hts % ould require an
arnendment to the general plan. wni,,Id in and of itself require a
frill ein-ironmental impact report . '
General Flan Sf -tion 2.0
General Plan S?ctimi 2.n Community Uev elohmmii , provides at p. 2 -9:
LAW OFFICES
MICHAEL B. MONTGOMERY
M
City Council, City of Arcadia
Re: Foothills Middle School
October 14, 3 998
Page 4
"Community Investment
Unlike many Southern California cities, Arcadia
resldE'.ntS have not just made a financial, but also
an emotional investment in their homes and neigh-
borhoods. Arcadia is primarily a community of
individual houses within identifiable neighborhood
areas; the majority of its residents are committed to
staying in their homes and to protecting their
residential neighborhoods from undesirable changes.
The protection of residential neighborhoods is thus
one of the key community attributes to be
preserved, as well as one of the driving forces of
the City's overall land use policy."
The general plan recognizes the financial investment of the residents in
their homes. Should the residents be able to demonstrate that there is
a potential decrease in property values, then this is an environmental
impact that must be considered, and one that might even rise to the
level of a 'taking'.
4. Citv Zoning
The City's R -1 regulation §9252.2.23 provides: _
"Exterior lighting shall bp hooded and arranged to
reflect away from adjoining properties and streets.
Licht standards shall be a maximum of fifteen feet
(15') in heizht and exterior liZht fixtures may be
mounted a maximum of fifteen feet (16') above f?rade
on any- wall or structure. (Added bv Ord. 1619
adopled 12- 20 -77)." (Emphasis added.)V
Ti ,c- seventh- -foot hcij'ht of thc light ; is a si7liificant part of the
prc,b)em, and results in an effeel ive hei`ht of Jo feet on Sycamore
Avenue, because of the E,)(,v.)tcd field. A variance ti•:ould not lie,
t<.•causc of the adver,c- E.ffE't't on other T-et-;i 1C'1ltS, and even if granted
woidd also require ipprnval of the State :'architect."
Thore is an opinion of some that the St-hf,o] Boh -16, by it: official
Lon
LAW OFFICES
MICHAEL B. MONTGOMERY
City C:ourlCil, City of Arcadia
Re: Foothills Middle School
October 14, 1998
Pa fie 5
action, could overrule the local zoning in order to Permit the lights to
go in, Presumably relying on Government Code §53094, which provides
that the School Board by a vote of two - thirds of its members, may
render a city's zoning ordinance inapplicable, "except when the
proposed use of the property by such school district is for
non- classroom facilities." There is a judicial holding that a lighted field
is a classroom facility,' but there the participants were all students
enrolled in that school's athletic teams or the band. It was part of the
sports program at a high school, for which academic credit was received
and because the athletes and marching band could not fit into a
classroom,' a dissimilar situation than the one before us.
5. The Youth Master Plan studv, 1997.
The Youth Master Plan study has reportedly been cited by proponents
of the project. The plan was accepted by the council, and the
residents would like to point out that the Middle School Subcommittee
was composed of 50 people representing all aspects of participation in
the City (see p. 17 thereof), and the Middle School Subcommittee lists
over 90 members who participated in the study (pp. 53, 54). The
'Action Plan' was adopted (p. 34) .
This study "recommended that the City accept ownership of the Arcadia_
County Park within the nest three (3) years. The rationale for this
recommendation is . . ..
CREATION OF CITY OF ARCADIA 'Iv1ILE' ,
Second Aveniie to Baldwin Avenue along Iluiltington Drive
City of Arcadia Recreation Censer (Arcadia Coiinty Park),
Lighted Soccer Field
yDVANTAGES:
Area for recreation acid onicrtainmenI of ALL citizens.
Centrally localed for ALL residents of Arcadia,
Provide a recreatinn site for
shorts
activities which
would not
inhibit the privacy- of Arcadia citizens;
lights
and noise level
would not
h(, near residents and therefore .�•oi ld
tint he
obit etio>>able. A
facility
05
LAW OFFICES
MICHAEL B. MONTGOMERY
cm
City Council, City of Arcadia
Re: Foothills Middle School
October 14, 1998
Page G
of this type would answer the needs of the youth, families, and senior
citizens of Arcadia. . . ." (emphasis added) .
6. Conclusion
The foregoing represents some, but not necessarily all, of the
challenges available to the Foothills Middle School neighborhood.
However, it is hoped that the objections raised at the October 20
Council meeting will dispose of the issue favorably to the residents.
The City's zoning is a protection to the residents, and the Youth
Mister Plan was well considered.
Very truly yours,
MICHAEL B. MON GOMER. '
MBM /pp
cc: HOPE
City Attorney
' While AYSO appears to be the primary proponent, as the Council
luiows, if the project is approved, it must be equally available to all
qualified organizations.
Public Resources Code §21065; Guideline's, §15378(a).
3 No Oil. Inc. t-. City- of Los (1971) 13 Cal.3d 68, 74 -75,
Guicl(Aine5;. E30564(cr)(1 ).
"' ChrifitVaard Miriistrt' Superior C(mrt (298(>) 184 Cal. App-3d
Curtin's Califor)ii Planning Law (1998). p. 35.
Ednent.ion Cade §170 -95. Code of Remil:,tion::. Title 21, §15.
Cit%- of Santa Cruz ,-. Santa Cruz Schools Bnard c,f Education
(1989) 210 Cal. Aph . 3d 1.
See also People t'. Rancho Santiat- *o Culieg(- (1900) 226 Cal. App.3d
12%1 (iisc must he l-rlrt of the school's educational process).
'�W
Neighborhood Concerns
Lights At Foothills Middle School
Crime
Vandalism
Fire Hazard
Environmental Impact
Pollution
Noise
Foot Traffic
Sidewalk Safety
Elevation of Fields
Trash - —
Lights in our homes
Parking situation
Strangers in our neighborhood
No privac`•
Lacy of respect of neighborhood
More traffic creating accidents
Propem values going do -wn
Bathroom facilities
MEMORANDUM
OFFICE OF THE CITY ATTORNTEY
Date: October 16, 1998
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: MICHAEL H. MILLER, CITY ATTORNEY V /_/ �/
SUBJECT: LETTER FROM ATTORNEY RE PROPOSED SOCCER LIGHTS AT
FOOTHILL MIDDLE SCHOOL
INTRODUCTION
The City Manager has requested that I provide whatever legal advice is necessary concerning
the October 14th letter from attorney Michael Montgomery regarding the above subject in
relation to the allocation of Proposition A (parks grant money) scheduled for consideration
at the Council me„ ting of October 30, 1998. Mr, - Montgomery is an advocate on behalf
certain homeowners referred to in his letter as Homeowners for Protecting Our Environment
(Hope). As the legal adlisor to the City Council, the following advice is rendered with
regard to certain legal issues raised by Mr. Montgomery.
EN`VIROINTMENTAL IlvIPACT
"V 7ithout reference to the specific factors set forth in the Mont -gomery letter concerning
alleged environmental impact, there may be merit to the contention that a significant
environmental impact is involved and therefore environmental revieA, prior to any final
decision- makdng will be required. However; at this time, that is not the situation and CEQA
goes not apple to the nve of deciS)On before the Ciry Council on October 20. 1998.
GM*d_iin °s for the C2i lxml'2 En-, iron„Ienlal Quaiin .pct ICEQ. j and e>:istinR case lain hold
u,at a `pmi °ct far p=ests of CEQ. -. does not include `-tile creation of 2overnmenta1
,-,n=2 meci;anisms ar oiintr E,_ove:nrnental fiscal 2cti.-iries «-hich do not involve anv
:. :)n itmtni t; am, pmi_:n ; ne aliocanon ofmonies does not ltzally cams-nii
the Sc; -l;,oJ Dis :t to z sntzm_- cours° of action at tines t1171e. i rte oA-nzr of su'Die:.t proo° T
(the school Disr )zi ) Mus! Ian;: 2:Dors to worm- nn to Int coni-- mplaitd wo-1; including The
M
cm
possible entry into a contract with the City as to use and maintenance of their property in
relation to the grant money. This will require subsequent actions by the School District and
a final approval by the City before submittal of the grant application to the County. The
School District is the ultimate decision maker and lead agency under CEQA. They will have
to conduct and, necessary environmental review before their action. The City would then
review their environmental work product which may include a negative declaration or an
environmental impact report before a final decision on submittal of the grant application.
This is a future action. Subsequent to the Council action of October 20th there will be no
immediate funding, School Board action is still necessary including acceptance of funds, to
be followed by final Council authorization vis a vi the County.
In terms of CEQA there is no legal impediment to the City Council proceeding to make the
fiscal decisions agendized for October 20. 1998.
CEQA Guideline -15378
Kaufman & Broad v. Morgan Hill Unified School District (1992) 9 Cal. App. 4th 464
Stand Tall v. Shasta Union High School District (1991) 235 Cal.App. 3d 772
CITY CRARTER AND GENERAL PLAN
I have been advised by the Development Services Department that many of the General Plan
references in the Montgomery letter are partly out of context and do not provide all of the
General Plan references regarding schools. In short; based on their preliminary review, his
conclusions are questionable. In any case, should amendment to the General Plan be
necessary, that would not necessarily trigger a "full environmental impact report" as _alleged
in the letter. It may initiate environmental review, however, the requirement for a full EIR
is dependent on a number of factors. —
If it is determined that some amendments to the General Plan are required, the School
District could file an application to amend the Plan or an amendment could be initiated by
the City. Again, these are potential future acrions that depend on the Districts specific
implementation of the Cin, Council Esc-al decision.
in t° „nc of th° C1,v Charter and General Plan mere is no legal impediment to the Cin,
Cclun--nl n70cet:a1ng to mall--- tn-- i'.��21 dec'.slor.z a ^°nd;z °d for OzTobtr 20. 1998.
1%W *40r
COMMUNTITY INVESTMENT - "TAKING"
On page 4 of his letter under the heading "Community Investment," Mr. Montgomery refers
to a potential decrease in property values "that might even rise to the level of a taking."
Diminution in property values as alleged by him does not constitute a "taking" under existing
case law. In any case, the City's fiscal allocation of grant money is not even the type of
decision - malting that would legally implicate the City concerning issues of property value.
In terms of the issue of property values there is no legal basis for the Citv Council to not
consider the fiscal decisions acendized for October 20.1998.
CITY ZONING
The City's zoning lain including the height limitation for lights in an R -1 zone can be
eliminated from application by the School District if they choose to exempt themselves as
provided by Government Code Section 53094 which authorizes such exemption by a 2l3 vote
of the School Board_ In the case of City of Santa Cruz v. Santa Cruz Board of Education
(1989) 210 Cal.App. 3d, a school distri ct exempted itself from local zoning application to
lighting a sports field by a resolution demonstrating that the "field" served educational
purposes. This is an additional action that would be required by the District subsequent to
the City's fiscal decision malting scheduled for October 20, 1998.
CONCLUSION
In terms of the legal issues raised in the Montgomery letter there is no legal basis for the City
Council to not consider and act on the agendized matter concerning Proposition A allocation
of funds as presented by the City Staff.
c: Bill Kelly, City Manager
Donna Butler, Community Development Administrator
Don PenmarL Deputy Croy Manzp.r/Development Services Director
En
M
Q2=1111112 A=
Mary E. Dougherty
Maryann Gibson
John R. McClain
MM' Arcadia Unified School District JamesC.Romo
Joann E. Slslnmelsr
234 Campus Drive - Arcadia, California 91 007 • (626) 821 -6640 • Fax (626) 821 -8647 TerranceMTowndap
October 14, 1998
Mr. William R. Kelly, City Manager
City of Arcadia
P.O. Box 60021
Arcadia, CA 91066 -6021
l�,aar Dill.
OCT, e 1998
VTA P,
The School District is aware that the City is considering the possibility of using its
Proposition A funds for the installation of lights on the Arcadia Unified School District's
middle school fields to allow for evening practices by youth athletic teams.
As you know, the School District has always been an active partner with the City to
improve facilities and programs from which all residents in our community may benefit.
If the proposed projects would further these aims but require the use of district
properties, then, while the issue has not formally been brought to the Board of
Education for consideration, I believe it would support this project. With this in mind, I
encourage the City to continue its feasibility study for providing lights for all three middle
school sites.
One caution is necessary. When projects like this are brought to the Board of _ _
Education, the members are very alert to issues of fairness and equity. To put it in
context, if lights are good for any one of the middle schools, then lights would be good _
for all. This would be addressed if the City, either alone or in combination with
community group donations, provides the necessary resources for the purchase and
installation of field lights at each middle school.
Should these projects be funded by the City Council, it would seem appropriate for the
City and Schooi District to treat them as we did when we installed the lights on the
Arcadia High School baseball field where the School District arranged for installation.
We look forward to continuing our joint efforts on behalf of the community.
Sincerely,
Terrence M. Towner, Ed.D.
Superintendent
c: Board of Education
NOW
PROCESS FOR PROJECT FUNDING
City Council \ \ Back to Rec. Com.
/ Decision re Funding of No for further
Improvements 0****- Recommendations
I
Yes
I
%School District Decision
Regarding Projects j
i
Yes
'l� 1
1
Environmental I Maint. & Access
i Assessment to be i Agree. by School
completed ? District
i
r
Final City Council
Authorization to Fund
City Council
j Reconsideration
1 0/16/98
, -- P r..7w -_ -, ,- •r 1