HomeMy WebLinkAboutJanuary 5, 2005MEETING AGENDA
Arcadia City Council/Arcadia Redevelopment Agency
TUESDAY, 7ANUARY 4, 2005
C'oNTln1UE.~ '!2~ Vq~u/~~2~ ~, 2UOS
This agenda contains a summary of each item of business which the Council may discuss or act on at
this meeting. The complete staff report and all other written documentation relating to each item on
this agenda are on file in the office of the City Clerk and the reference desk at the Arcadia Pubiic Li6rary
and are available for public inspection and review. If you have any question about any matter on the
agenda, piease call the office of the City Clerk at (626) 574-5455. In compliance with the Americans
with Disabilities Act, if you need special assistance to participate in a City Council meeting, please
contact the City Manager's Office at (626) 574-5401 at least three (3) working days before the meeting
or time when special services are needed. This notification will heip City staff in making reasonable
a cra ngements-to-provide-you-with-access-to-the-meeting.
7:00 p.m. - City Council Chamber
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL City Council/Agency Members: Chandler, Marshall, Segal, Wuo and
Kovacic
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
REPORT BY THE CITY ATTORNEY REGARDING CLOSED SESSION ITEMS
MOTION TO READ ALL ORDINANCES/RESOLUTIONS BY TITLE ONLY AND WAIVE READING
IN FULL
PRESENTATIONS
a. Award of Meritorious Service Medal to Lieutenant Bob Anderson;
Award of Medals of Merit to Sergeant Tom LeVeque, Dispatcher Pam
McGinnis, and Dispatcher Lisa Gonzales
AUDIENCE Time reserved for comments by the public (Five minutes per person)
PARTICIPATION
ELECTED OFFICIALS - City Council/City Clerk Reports/Announcements/Statements/Future
REPORTS Agenda Items
1. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY
Minutes of the December 7. 2004 Regular Meeting
Recommendation: Approve
CONSENT CALENDAR - CITY COUNCIL
b. Minutes of the December 7. 2004 Regular Meetinq
Recommendation: Approve
c. Ordinance No. 2202 amendina Article III, Chapter 1. Part 7 of the
Arcadia Municipal Code relating to emerqencv medical and ambulance
transport services and the Paramedic Membership Program.
Recommendation: Adopt
LASER 11~AGED
d. Desiqn of a new well
Recommendation: Authorize the City Manager to enter into a
Professional Services Agreement with Boyle Engineering Corporation in
the amount of $254,300 to design a new ground water well and
wellhead facilities at Baldwin and Colorado.
e. Rehabilitation of Peck and Orange Grove 2A wells
Recommendation: Authorize the City Manager to enter into a contract
with General Pump Company in the amount of $207,539.00 for the
rehabilitation of Peck and Orange Grove 2A wells.
f. Award of Contract -.lanitoriai and porter services
Award a one (1) year contract extension in the amount of $318,344 to
Grace Building Maintenance Company, Inc, for janitorial and porter
services at various City facilities and appropriate $6,169 from the
General Fund.
g. Maintenance Contract for Pavement Reoair of Utility Cuts
Recommendation: Aware a one (1) year contract extension in the
amount of $90,450.00 to Paveco Construction Inc. for the Pavement
Repair of Utility Cuts Maintenance Contract.
h. Acceptance - 2D03-2004 Annual Asphalt Concrete Overlay Proiect
Recommendation: Accept all work performed by Silvia Construction,
Inc. for the 2003-2004 and 2004-Z005 Annual Asphait Concrete
Overlay and Rehabilitation Project as complete and authorize the final
payment to be made in accordance with the contract documents,
subject to a retention of $36,007.79.
i. Acceotance -
Recommendation: Accept all work perFormed by Shawnan Inc. as
complete and authorize final payment, subject to a retention of
$89,900.78, appropriate Sewer funds in the amount of $10,000 and
additional Water funds in the amount of $12,000.
2. CITY MANAGER/EXECUTIVE DIRECTOR
a. Resolution No ARA-212 - A Resolution of the Arcadia Redevelooment
Aqency (I) adoptina a Mitiqated Neaative Declaration and a Mitigation
Monitoring Proaram for a Land Assembly and Develooment A9reement
with Paul P Rusnak and Rusnak/Arcadia, and lII) approving a Land
Assemblv and Development Aqreement with Paul P. Rusnak and
Rusnak Arcadia.
Approvina a~roiect budaet of $13 4 million with a maximum Agency
contribution of ~8 miliion and aeprooriatina funds for certain
consultinq services and relocation benefits.
Citu Council Resolution No 6452 - A Resolution of the Citv Council of
the City of Arcadia making_certain findings pursuant to California
Health and Safety Code Section 33433 in connection with and
approvina the sale of pro~ertv oursuant to a Land Assembly and
Develooment Aareement among the Arcadia Redevelopment Aaencv
Paul P Rusnak and Rusnak/Arcadia.
Recommendation: Adopt Resolution No. ARA-212 and City Council
Resolution No. 6452.
: _ -
b. Rejection of the low bid submitted by Sojitz/Turboflo Engineers, LP,
JV, and authorize the City Manager to enter into a contrad with SEMA
Construction for the constructio~ of the Santa Anita Reservoir No. 4 in
the amount of $5,255,555.55. Authorize an additional appropriation
of $250,000 to be added to the construdion portion of the project
budget.
AD]OURNMENT The City Council will adjourn the meeting to Tuesday, January 18,
2005 at 6:00 p.m., City Council Chamber Conference Room.
~- _~
ANNOTATED
COUNCIL AGENDA - CITY OFARCADIA
TUESDAY, 7ANUARY 4, 2005 (CONTINUED MEETING) SANUR~-Y S, Z60~
ITEM NO. DESCRIPTION ACTION
M07ION - ORDINANCES AND RESOLUTIONS TO BE READ BY TITLE
ONLY
! Approve that Ordinances and Resolutions be read by title only and that the Approved
reading in full be waived. 5- 0
1. a. CONSENT AGENDA (ARCADIA REDEVELOPMENT AGENCIn:
Approved
Minutes of the December 7, 2004 Regular Meeting 5- 0
1. b. CONSENT AGENDA ~CITY COUNCILI: Approved
S-0
Minutes of the December 7, 2004 Regular Meeting
1. c. Ordinance No. 2202 amending Article III, Chapter 1, Part 7 of the Arcadia Approved
Municipal Code relating to emergenty medical and ambulance transport 5- 0
services and the Paramedic Mem6ership Program.
1. d. Authorize the City Manager to enter into a Professional Services Agreement Approved
with Boyle Engineering Corporation in the amount of $254,300 to design a 5- 0
new ground water well and wellhead facilities at Baldwin and Colorado.
3. e. Authorize the City Manager to enter into a contract with General Pump Approved
Company in the amount. of $207,539.00 for the rehabilitation of Peck and 5- 0
Orange Grove 2A wells
1. f. Award a one (1) year contract extension in the amount of $318,344 to Grace Approved
Buifding Maintenance Company, Inc. for janitorial and porter-services at 5-0
various City facilities and appropriate $6,169 from the General Fund.
1.g. Award a one (1) year contract extension in the amount of $90,450.00 to Approved
Paveco Construction Inc. for the Pavement Repair of Utility Cuts Maintenance 5- 0
Contract
1. h. Accept all work performed by Silvia Construction, Inc. for the 2003-2004 and Approved
2004-2005 Annual Asphalt Concrete Overlay and Rehabilitation Project as 5- 0
complete and authorize the final payment to be made in accordance with the
contract documents, subject to a retention of $36,007.79.
1. i. Accept all work pertormed by Shawnan Inc. as complete and authorize final Approved
payment, subject to a retention of $89,900.78, appropriate Sewer funds in the 5- 0
amount of $10,000 and additional Water funds in the amount of $12,000.
2. a. Adopt Resolution No. ARA-212, the pro}eet budget; and City Councif Approved
Resolution No. 6452. 5- 0
2, b. Rejection'of the low bid submitted by SojitzlTurboflo Engineers, LP, JV, and Approved
authorize the City Manager to enter into a contract with SEMA Construction for 5- 0
the construction of the Santa Anita Reservoir No. 4 in the amount of
$5,255,555.55. Authorize an additional appropriation of $250,000 to be added
to the construction portion of the project budget.
Page 1 of 1 LASER {Mr~GED
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47:0001
^ MINUTES ~^~
.~µacon,va
Arcadia City Council/Arcadia Redevelopment Agency
CONTINUED MEETING
M~° TUESDAY, JANUARY 4, 2005 (]anuary 5, 2005)
\ ~ m~'
This agenda contains a summary of each item of business which the Council may discuss or act on at
this meeting. The complete staff report and all other written documentation relating to each item on
this agenda are on file in the office of the City Clerk and the reference desk at the Arcadia Public Library
and are available for public inspection and review. If you have any question about any matter on the
agenda, please call the office of the City Clerk at (626) 574-5455. In compliance with the Americans
with Disabilities Act, if you need special assistance to participate in a City Council meeting, please
contact the City Manager's O~ce at (626) 574-5401 at least three (3) working days before the meeting
or time when special services are needed. This notification will help City staff in making reasonable
arrangements to provide you with access to the meeting.
7:00 p.m. - City Council Chamber
INVOCATION Reverend Gene Wallace, Arcadia Police Department Chaplain
PLEDGE OF ALLEGIANCE Ed Butterworth, former City of Arcadia Mayor
ROLL CALL City Council/Agency Members: Chandler, Marshall, Segal, Wuo and
Kovacic
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
None.
REPORT BY THE CITY ATTORNEY REGARDING CLOSED SESSION ITEMS
None.
MOTION TO READ ALL ORDINANCES/RESOLUTIONS BY TITLE ONLY AND WAIVE READING
IN FULL
MOTION It was moved by Council Member Chandler, seconded by Council Memher Marshall and
then carried without objection that Ordinances and Resolutions be read by title only and
that the reading in full be waived.
PRESENTATIONS
a. Award of Meritorious Service Medal to Lieutenant Bob Anderson;
Award of Medals of Merit to Sergeant Tom LeVeque, Dispatcher Pam
McGinnis, and Dispatcher Lisa Gonzales; and certificates to Bonnie
Cudlip and Omar Velasquez.
AUDIENCE Time reserved for comments by the public (five minutes per person)
PARTICIPATION
The following persons appeared to speak in opposition to item 2.a.
LASER IMAGED 01-°4-°5
5~
: _~ .,
ELECTED OFFICIALS-
REPORTS
James Helms, 2220 Sewanee Lane
Georae Fasching, former Mayor of the City of Arcadia
Floretta Lauber, former Mayor of the City of Arcadia
Edward Butterworth. former Mayor of the City of Arcadia
Griff Morrison. Member of the Arcadia Elks Lodge
Don Albree, Arcadia resident
47:0002'
Edward Chardavedian, representative from TurboFlo, appeared to
speak to request that the City Council award the contract in item 2.b.
to Sojitr/Turboflo
Beth Costanza, Chamber of Commerce, appeared to make the Council
aware of the Chamber's upcoming Health Expo on Saturday, ]a~uary
29, 2005 at Westfield Shopping Center.
City Council/City Clerk Reports/Announcements/Statements/Future
Agenda Items
COUNCIL MEMBER Asked fellow Council Members to support his desire to make a$500
CHANDLER contribution in support of the representation of our City by the Arcadia
High School band at the upcoming Presidential Inauguration. He
received the support of Council Member Marshall and Mayor Kovacic
- to place this item on an upcoming agenda.
COUNCIL MEMBER WUO Wished all a Happy New Year and acknowledged the former Arcadia
Mayors who participated in tonighYs meeting.
COUNCIL MEMBER Wished all members of the public a Happy New Year; congratulated
MARSHALL the recipients of the awards from the Police Department;
congratulated the USC fans on their Orange Bowl win.
COUNCIL MEMBER SEGAL Wished all members of the public a Happy and Healthy New Year; his
top new year's resolution is to continue to make every effort to
increase the availability of senior housing in Arcadia.
MAYOR KOVACIC Showed the news clips of the Phun family who were reunited with
their son Clayton during the Christmas season; Clayton was home
from his service in Iraq; he also featured a montage of the Arcadia
Beautiful Holiday Decoration award winners.
CITY CLERK BARROWS Wished all members of the public a Happy New Year; invited all
members of the public to the annual Arcadia High School band/color
guard spaghetti dinner.
1. CONSENT CALENDAR - ARCADIA REDEVELOPMENT AGENCY
a. Minutes of the December 7. 2004 Reqular Meeting
Recommendation: Approve
MOTION It was moved by Agency Member Chandler, seconded by Agency Member Marshall and
carried by roll call vote to approve the Arcadia Redevelopment Agency consent calendar.
ROLL CALL AYES: Agency Members Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
O1-04-OS
47:0003
CONSENT CALENDAR - CITY COUNCIL
b. Minutes of the December 7, 2004 Regular Meeting
Recommendation: Approve
c. Ordinance No. 2202 amending Article III. Chapter 1, Part 7 of the
Arcadia Municipal Code relatina to emerc~ency medical and ambulance
transoort services and the Paramedic Membership Program.
Recommendation: Adopt
d. Design of a new well
Rewmmendation: Authorize the City Manager to enter into a
Professional Services Agreement with Boyle Engineering Corporation in
the amounY of $254,300 to design a new ground water well and
wellhead facilities at Baldwin and Colorado.
e. Rehabilitation of Peck and Oranae Grove 2A wells .
Recommendation: Authorize the City Manager to enter into a contract
with General Pump Company in the amount of $207,539.00 for the
rehabilitation of Peck and Orange Grove 2A wells.
Award of Contract - Janitorial and porter services
Award a one (1) year contract extension in the amount of $318,344 to
Grace Building Maintenance Company, Inc. for janitorial and porter
services at various City facilities and appropriate $6,169 from the
General Fund.
g. Maintenance Contract for Pavement Reoair of Utility Cuts
Recommendation: Award a one (1) year contrect extension in the
amount of $90,450.00 to Paveco Construction Inc. for the Pavement
Repair of Utility Cuts Maintenance Contract.
h. Acceotance - 2003-2004 Annual Asohalt Concrete Overlav Project
Recommendation: Accept all work performed by Silvia Construction,
Inc. for the 2003-2004 and 2004-2005 Annual Asphalt Concrete
Overlay and Rehabilitation Project as complete and authorize the final
payment to be made in accordance with the contract documents,
subject to a retention of $36,007.79.
Acceotance - Street Imorovement of Baldwin Avenue between Duarte
Road and Naomi Avenue
Recomrriendation: Accept all work performed by Shawnan Inc. as
complete and authorize firSal payment, subject to a retention of
$89,900.78, appropriate Sewer funds in the amount of $10,000 and
additional Water funds in the amount of $12,000.
MOTION It was moved by Council Member Chandler, seconded by Council Member Marshall and
carried by roll call vote to approve the City Council consent calendar.
ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
01-04-OS
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47:0004
2. a. CITY a. Mr. Kelly, Executive Director, noted that this item was a continuation
MANAGER/ of the discussion by the City Council regarding a closed public hearing
EXECUTIVE conducted on December 7, 2004 on the matter of a Land Assembly
DIRECTOR and Development Agreement and its various components with Paul P.
Rusnak and Rusnak/Arcadia. He also noted that two (2) emails from
, private citizens and a letter from the City of Pasadena were submitted
today as part of the official record of this matter.
Mr. Don Penman, Assistant City Manager/Development Services
Director responded to several question from members of the City
Council regarding this item including projections of sales tax revenue
from the project, the expenditure of the twenty (20%) percent
housing set-aside funds and their availability, and the guarantees
regarding payback to the Agency for the eight (8) million dollar
cammitment.
Agency Member Marshall read from a prepared statement noting her
position on the item.
In response to a question from Agency Chair Kovacic, Mr. Penman
noted that Council's action in this item tonight is not an action of
eminent domain.
MOTION It was moved by Agency Member Chandler, seconded by Agency Member Marshall and
carried by roll call vote to Adopt Resolution No. ARA 212 - a Resolution of the Arcadia
Redevelopment Agency 1) adopting a Mitigated Negative Declaration and a Mitigation
Monitoring Program for a Land Assembly and Development Agreement with Paul P.
Rusnak and Rusnak/Arcadia, and 2) approving a Land Assembly and Dev,elopment
Agreement with Paul P. Rusnak and Rusnak/Arcadia; and approving a project budget of
$13.4 million, with a maximum Agency contribution of $8 million, and appropriating
funds for certain consulting services and relocation benefits.
ROLL CALL AYES: Councif Members Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
MOTION It was moved by Council Member Chandler, seconded by Council Member Segal, and
carried on roll call vote to adopt Resolution No. 6452 - A Resolution of the City Council
of the City of Arcadia making certain findings pursuant to California Health and Safety
Code Section 33433 in connection with and approving the sale of property pursuant to a
Land Assembly and Development Agreement among the Arcadia Redevelopment Agency,
Paul P. Rusnak, and Rusnak/Arcadia.
ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
b. Reiection of the low bid submitted by Soiitr/Turboflo Engineers. LP.
JV. and authorize the City Manager to enter into a contract with SEMA
Construction for the construdion of the Santa Anita Reservoir No. 4 in
the amount of $5,255,555.55. Authorize an additional approoriation
of $Z50,000 to be added to the construction portion of the oroject
budaet•
01-04-OS
47:0005
Mr. Pat Malloy, Public Works Diredor, presented the staff report and
noted the major finding that the bid submitted by Soji~/Turboflo was
unresponsive by exceeding the limits in the bid documents; he further
noted that staff recommends that the project be awarded to the
second lowest bidder and provided data regarding staff's desire not to
open another bid process on this project.
, MOIION It was moved by Council Member Chandler, seconded by Council Member Segal, and
carried on roll call vote to reject the low bid submitted by Sojitz/Turboflo Engineers, LP,
JV, and authorize the City Manager to enter into a contract with SEMA Construction for
the mnstruction of the Santa Anita Reservoir No. 4 in the amount of $5,255,555.55.
Authorize an additional appropriation of $250,000 to be added to the construction
portion of the project budget.
ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
AD]OURNMENT Noting no additional business, the City Council adjourned the meeting
at 9:10 p.m., in memory of Alene Finch, to Tuesday, ]anuary 18, 2005
at 6:00 p.m., City Council Chamber Conference Room.
James Barrows, City Clerk
by:
V~~~
Vida Tolman, Chief Deputy City Clerk
01-04-OS
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STAFF REPORT
Fire Department
DATE: January 4, 2005
TO: Mayor and City Council
FROM: David R. Lugo Jr., Fire Chief,/~j('~
By: Heather McDowell, Management Analyst
SUBJECT: Recommendation to Adopt Ordinance No. 2202, an Ordinance of the City
Council of the City of Arcadia, California, Amending Article III, Chapter 1,
Part 7 of the Arcadia Municipal Code Relating to Emergency Medical &
Ambulance Transport Services and Paramedic Membership Program
Recommendation: Adopt Ordinance No. 2202
SUMMARY
Ordinance No. 22~2 was Introduced to the City Council on December 7, 2004. At the
time of that presentation, the Ordinance was scheduled for adoption at the
' December 21, 2004 Council meeting. Because the December 21, 2004 meeting was
cancelled, the Fire Department presents Ordinance No. 2202 for adoption at this time.
RECOMMENDATION
It is recommended that the City Council:
Adopt Ordinance No. 2202, An Ordinance of the City Council of the
City of Arcadia, California, Amending Articie III, Chapter 1, Part 7 of
the Arcadia Municipal Code Relating to Emergency Medical &
Ambulance Transport Services and Paramedic Membership Program.
Approved: ~" ~~-• ~
William R. Kelly, City Manager
LASER(MAGED
l,c,
3P
STAFF REPORT
Fire Department
DATE: December 7, 2004
TO: Mayor and City Council
FROM: David R. Lugo Jr., Fire Chief~~
By: Heather McDowell, Management Analyst
SUBJECT: Recommendation to Introduce Ordinance No. 2202, an Ordinance of the
City Council of the City of Arcadia, California, Amending Article III,
Chapter 1, Part 7 of the Arcadia Municipal Code Relating to Emergency
Medical & Ambulance Transport Services and Paramedic Membership
Program
Recommendation: Introduce Ordinance No. 2202
SUMMARY
In 1994, the City Council authorized impiementation of the Voluntary Emergency
Medica! Subscription Program. Authority for this program exists in Article III, Chapter 1,
Part 7 of the Arcadia Municipal Code. in 1996, the City Council approved adoption of a
new title for the program, and from that point forward, the program has been referred to
as the Paramedic Membership Program. The Fire Department wishes to update and
modify the Municipal Code to include the proper reference to this program. Amending
Article III, Chapter 1, Part 7 will update the title of the existing Paramedic Membership
Program and clarify the intent of the language contained therein.
DISCUSSION
The Fire Department is in the process of modifying and updating the Arcadia Municipal
Code for the purpose of language clarification and to modify the title of the Paramedic
Membership Program, approved by the City Council in 1996. The proposed
amendments are administrative in nature and will neither change the level of service
provided to the public, nor will it modify existing fees charged for Emergency Medical
Services, Ambulance Transport Services, and the Paramedic Membership Program.
Specificaliy, the following changes are being proposed:
The Title of Article III, Chapter 1, Part 7 has been modified from Voluntary
Emergency Medica! Subscripfion Program to Emergency Medical &
Ambulance Transport Services.
Mayor and City Counci!
December 7, 2004
Page 2
Section 3170.6 Authorizafion for Fees• has been moved to the beginning of
Part 7 and has been renumbered as a new section number 3170
Authorization of Fees. The language related to fees has been clarified to
clearly break out the types of services authorized to be charged for within
the City, and to whom. The language modification does not expand or
modify fees in any way from what has previously been authorized by
Council.
Section 3170 through 3170.12 of the existing Municipal Code, with the
exception of 3170.6 Aufhorization of Fees, remain in their original order
following the new section number 3170 Aufhorizafion of Fees and are
numbered as new sections 3170.1 Paramedic Membership Program -
Purpose through section 3170.12 Paramedic Membership Program
Termination.
There are global changes throughout Article III, Chapter 1, Part 7
modifying language from the Volunfary Emergency Medical Subscription
Program to the Paramedic Membership Program or portions thereof.
These changes are for consistency and the outdated references haye
been replaced with the appropriate program title and/or reference.
Staff recommends the City Council introduce Ordinance No. 2202 at this time setting
the adoption for December 21, 2004.
FISCAL IMPACT
There is no fiscal impact to the City in adopting this Ordinance.
RECOMMENDATION
It is recommended that the City Council:
Introduce Ordinance No. 2202, An Ordinance of the City Council of
the City of Arcadia, California, Amending Article III, Chapter 1, Part 7
of the Arcadia Municipal Code Relating to Emergency Medical &
Ambulance Transport Services and Paramedic Membership Program.
Approved: ~
William R. Kelly, City Manager
,
~ .;
~~,~.C,~, `~ 2(y~ ° s"
ORDINANCE NO. 2202
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIF012NIA, AMENDING
ARTICLE III, CHAPTER 1, PART 7 OF THE ARCADIA
MUNICIPAL CODE RELATING TO EMERGENCY
MEDICAL & AMBULANCE TR.ANSPORT SERVICES
AND PARAMEDIC MEMBERSHIl' PROGRAM
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION l. Article III, Chapter 1, Part 7 of the Arcadia Municipal
Code is hereby deleted in its entirety and a new Part 7 is hereby added to read as
follows:
"PART 7.
EIVIERGENCY MEDICAL & AMBULANCE TRANSPORT SERVICES
3170. AUTHORIZATION OF FEES. Fees for emergency paramedic and
ambulance services are authorized and shall be charged for basic and advanced life
support services provided by the Fire Deparhnent within the City. The amount of
such fees shall be set periodically by resolution of the City Council.
The "fee for services" shall be a user fee designed to recover costs
associated with the delivery of emergency medical care and ambulance transport
services. Such fees shall be based upon: Emergencies requiring basic life support
service (BLS); Emergencies requiring advanced life support services (ALS); and
Emergencies requiring ALS and/or BLS ambulance transportation.
LASER IMAGED _
,
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Non-residents in the City of Arcadia shall be subject to and charged a fee for
receipf of the following services:
a. Basic life support paramedic services;
b. Advanced life support paramedic services; and/or
c. Transport services.
Residents of the City of Arcadia shall be subject to and charged a fee for receipt
of the following services:
a. Advanced life support paramedic services; and/or
b. Transport services.
Fees for the City's voluntary Paramedic Membership Program are
authorized and shall be charged for enrollment in this program. The membership
period for which the fee is charged is twelve (12) months from the date of
enrollment. The amount of the annual membership fee for this program shall be
set periodically by resolution of the City Council.
a. The Paramedic Membership Program is a membership program
offered to Arcadia residents and businesses, protecting pennanent
household members (related or not) and employees of businesses
within the City of Arcadia. This program is offered to residents and
businesses within the incorporated area of Arcadia. Fees paid by
businesses entitle membership to owners and employees only. Unless
2
residentiai members desire to purchase visitor coverage at an
additional nominal fee, guests, customers, patrons, and visitors or
others using the facilities of such households and businesses shall be
charged directly for emergency paramedic and ambulance
transportation services.
b. The visitor coverage fee is an oprional benefit to provide coverage for
visitors of a member of the Program in good standing, at an additional
nominal fee, as set by resolution of the City Council.
3170.1. PARAMEDIC MEMBERSHIP PROGR.AM - PURPOSE. It is
the intent of this Part to reduce loss of life and disability by implementing a
program which provides funding for paramedic training, equipment repair,
replacement and maintenance, and other additional expenses necessary to maintain
and enhance the cunent level of service, while continuing to maintain or improve
response time standards. A fee for service and a paramedic membership program
are recommended to meet these goals by offering a mechanism for both Arcadia
residents and businesses to limit their paramedic and ambulance transport costs,
while supplementing the conrinued expansion and improvement of equipment and
service the City's paramedic program provides.
3
3170.2. DEFII~TITIONS. Unless a different meaning is appazent from
the context or is specified elsewhere in these guidelines, the following definitions
shall be used:
(a) "Advanced life support (ALS)" means any ALS medical treatment
performed by paramedics (EMT-P) outside of a hospital.
(b) "Ambulance" means the Arcadia Fire Department Rescue units and/or
designated ambulance companies contracted for service.
(c) `Basic life support (BLS)" means any BLS treatment which is authorized by
the State of California Department of health to be performed by emergency
medical technicians (EMT-1) and/or paramedics (EMT-P) at the scene of a
medical emergency
(d) "Paramedic Membership Program" means a voluntary membership plan
where its rr-embers shall pre-pay, at a fixed price, the uninsured portion of
emergency medical and ambulance services provided by the Arcadia Fire
Deparhnent.
(e) "Member" means residents of households within the incorporated area of
Arcadia and commercial residents (businesses) within the incorporated area
of Arcadia, and their owners and employees, who have registered with the
City and pre-paid the voluntary membership fee.
4
3170.3. ADMINISTRATION OF THE PARAMEDIC MEMBERSHIP
PROGRAM. The Fire Chief or designee shall be responsible for the
implementation and administration of the Paramedic Membership Program., The
Fire Chief shall report on a yearly basis to the City Manager and City Council on
the status of the Paramedic Membership Program. The report shall include a
financial statement which sets forth the Program's financial status.
3170.4. ELIGABILITY OF PARAMEDIC MEMBERSHIP
PROGRAM. The Paramedic Membership Program is open to all residents and
commercial residents (businesses) located in the incorporated area of the City of
Arcadia. Paynnent of the voluntary membership fee by households shall entitle
membership to permanent residents of that household, related or not. Membership
fees paid by businesses entitle membership to owners and employees only. Guest
and visitor coverage is provided for residential memberships at an additional fee as
set by resolution of the City Council. Guests, customers, patrons, visitors or others
using the facilities of business memberships shall be charged directly for
paramedic and ambulance services.
3170.5. ENROLLMENT IN THE PARAMEDIC MEMBERSHIP
PROGRAM. Each resident and commercialxesident (business) of the City has the
opportunity to enroll in the Program at any time during the calendar year.
5
(1)Residents receiving a utility billing from the City will have the option
of automatic enrollment in the Paramedic Membership Program if
they signify approval on the City water billing. Membership may be
ternunated at any time by notifying the City in writing.
(2)Households and businesses not receiving an Arcadia utility bill may
enroll by corr-pleting and submitting to the City an enrollment form at
any rime during the year. Each of these groups will receive
enrollment forms via the mail or may obtain one at various City
facilities. Households not receiving a urility bill and businesses have
the option of paying the subscription fee one time annually or bi-
monthly.
(3) Residents and businesses declining membership are eligible to enroll
in the Program anytime during the calendar year. Coverage under the
Paramedic Membership Program shall not predate. the actual
enrollment date.
(4) Residents and businesses who leave the City prior to the end of the
coverage period, shall not be eligible for a refund of any portion of the
total fee.
(5)Existing members who move within the City limits during the
coverage period, will not be required to pay an additional fee, but
6
must subinit a change of address to the Fire Departrnent to ensure
coverage is transferred to the new address.
(6) An owner of an aparhnent, retirement home, or other mulrifamily
complex, has the option to pay the membership fee for each of its
tenants.
3170.6. PARAMEDIC MEMBERSHIP BENEFITS. Members shall
receive the following benefits by enrolling in the Paramedic Membership Program:
Prepayment of the uninsured portion of:
(1)BLS paramedic charges;
(2) ALS paramedic charges; .
(3)Emergency ambulance transportation; and
(4)Any additional member benefits added at the Fire Chief's discretion,
subject to City Manager approval.
The Paramedic Membership Program only applies to emergencies that occur
within the City limits. Employees and owners of businesses that are members are
covered for emergencies at any locarion within the City of Arcadia.
3170.7. THIRD PARTY REIMBURSEMENT. The City reserves the
right to seek from a member's insurer, health maintenance organization, or health
care plan, reimbursement for emergency paramedic and ambulance transportation
services; provided, however, that a member in good standing would not incur or be
7
held responsible for any fees resulting from the services rendered to the members
or others covered under their membership.
3170.8. IMPLEMENTATION. Implementation of user fees for
paramedic services and the Paramedic Membership Program shall begin August
19, 1994. The Fire Chief or designee shall be authorized to administer the
Paramedic Membership Program, beginning thirty (30) days after its adoption.
3170.9. EXEMPTION AND REDUCTION OF CHARGES.
Deternunation of an exemption or reduction of fees for services or of the
membership fee to be paid by individuals claiming a hardship shall be made by. the
City Manager or his/her designee, in his/her sole and absolute discretion, and shall
be based on guidelines established by resolution of the City Council.
3170.10. DUTY TO RESPOND. Under no circumstances will the
delivery of emergency medical service and ambulance transportation be delayed or
refused on the basis of whether the injured party is a member of the Paramedic
Membership Program, or on the basis of, or perception of, actual ability to pay.
Membership in the program does not create a guarantee or duty to respond; or
create performance requirements that differ from or in any way alter the usual and
customary emergency response function and duties of the City.
3170.11. ABUSE OF PARAMEDIC MEMBERSHIP PROGRAM.
Where a member or a person covered under the membership program repeatedly
8
utilizes, or attempts to utilize, the Paramedic Membership Program in an
inappropriate manner, as determined by the Fire Chief in his/her sole and absolute
discretion, the City retains the right to declare the member's membership in the
program cancelled. In this event, the City will refund to the member the prorated
portion of the one (1) year membership fee applicable to the remaining period of
membership for which the member has made payment. In cases of a dispute, the
Fire Chief's deternunation shall be binding on all parties to such a dispute.
3170.12. PARAMEDIC MEMBERSHIP PROGRAM TERMINATION.
The Paramedic Membership Program may be ternunated at any time by the City
Council. If the City Council ternunates the program, the City shall refund to
program members a prorated portion of their one (1) year membership fee
applicable to the remaining period of inembership for which the member has made
payment. The City shall provide at least thirty (30) days written notice to all
members prior to program termination."
SECTION 3. "The City Clerk shall certify to the adoption of this Ordinance
and shall cause a copy of the same to be published in the official newspaper of said
City within fifteen (15) days after its adoption.
[SIGNATURES ON NEXT PAGE]
9
Passed, approved and adopted this atn
ATTEST:
C12y Of January , 2005.
~S/ GARY ~~ KOV~CIC
Mayor of the City of Arcadia
~sr ~A~~ s ~ ~ ~
City Clerk
APPROVED AS TO FORM:
C'v"~.y~x.~„~ 1'' _" ""v°'~-'I'~
City Attorney
10
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Ordinance No. 2202 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
mPating nf cair~ C.nnnr'1 hPlt~ nn the 4th ria~ nf 7an~_rs ~, 2005 and that said Ordinance
was adopted by the following vote, to wit:
AYES: Councilmember Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
ABSENT: None
~ / ~~ . 6°~ ~
City Clerk of the City of Arcadia
11
~
~ ~
January 4, 2005
S'~AFF REPORT
Public Works Services Department
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Direct r~
Prepared by: Gary F. Lewis, General Services M nager
Ken Herman, Associate Civil Engineer
SUBJECT: Award - Desiqn of New Well
Recommendation: Authorize the.City Manager to enter into a Professional
Services Agreement with Boyle Engineering Corporation in the amount of
$254,300 to design a new ground water well and wellhead facilities
SUMMARY
The 2001 Water Master Plan recommends the construction of several new domestic
water wells in the upper water zones to meet the growing demand for water in the City
and to replace existing wells that are reaching the end of their productive life. The 2004-
2005 Capital Improvement Program provides for the design and construction of a new
well in Zone 4. After careful consideration of several possible well locations and the
efficient use of current pumping rights in the three Groundwater Basins, staff concluded
that the best location for the new well is in Zone 2 of the West Raymond Basin. Staff is
proposing to construct a new well in the transition median between Colorado St. and
southbound Baldwin Ave. (See the attached map and computer-enhanced photo)
Staff conducted a Qualification Based Selection (QBS) process and received several
proposals to provide engineering design services for the new well and wellhead facility
design. Boyle Engineering Corporation submitted the successful proposal for the
project. Staff has evaluated Boyle's qualifications and found them to be satisfactory.
Boyle has successfully completed similar projects for numerous cities in Southem
California as well as for the City of Arcadia, including the recently completed Chapman
Well. Staff recommends that the City Council authorize the City Manager to enter into a
Professional Services Agreement with Boyle Engineering Corporation in the amount of
$254,300 for the design of a new well and wellhead facility.
LASE~ IMaGED
l.r~~
~"P~
Mayor and City Council
January 4, 2005
Page 2
DISCUSSION
The City of Arcadia typically depends entirely on groundwater, pumped from local wells,
to meet the water system demands. The City presently operates 13 wells that supply
water to seven primary pressure zones. The source of water for these wells is from
three (3) groundwater basins, which lie beneath the City. The Main San Gabriel
Groundwater Basin, lying in the southeastern portion ot the City has a stable, sufficient
supply of water and accounts for approximately 73% of the water pumped into the
distribution system. The East Raymond Basin located in the north portion of the City
and the West Raymond Basin located in the west portion of the City supply the balance
of the City's water needs. One of the welis located in the West basin is deteriorating
rapidly requiring abandonment within the next three (3) years. The proposed well is
intended to replace this well.
In reviewing possible locations to place the new well, staff considered the availability of
water, available pumping rights for each basin and available land owned by the City or
within the public right-of-way. The location of the transition median from Colorado Street
to southbound Baldwin Ave. provided the most satisfactory solution to these criteria.
The project design will set the new we{I facility into the natural slope of the media.
Landscaping to minimize the visual impact from passing motorists on Baldwin Ave., as
well as providing additional landscaping to the median will screen the well facility.
Request for proposals were requested and sent to five (5) quatified engineering firms.
Of the five (5), three (3) proposals were received, ,reviewed, evaluated, and ranked by
staff in accordance with Chapter 10 of the California Government Code, Section 4526-
4529 with the following results:
RANK FIRM LOCATION
1 Boyle Engineering Newport Beach
2 RBF Consulting Engineers Irvine
3 Lee and Ro, inc. City of Industry
Staff reviewed the proposals according to experience, approach, and understanding of
the project. All three (3) firms were also invited for oral interviews. Boyle Engineering
Corporation was rated the most qualified with the lowest price and have demonstrated
their qualifications through successful completion of numerous water well design
projects, superior knowledge of Arcadia's water system and a thorough approach and
understanding of the project. The final phase of the selection process included staff
review of the cost proposal and negotiation of a satisfactory agreement with the
consultant.
Staff recommends that the City Council authorize the City Manager to enter into a
Professional Services Agreement with Boyle Engineering Corporation in the amount of
$254,300 for the design of a new well and wellhead facilities and construction support
services during the actual construction.
Mayor and City Council
January 4, 2005
Page 3
,\
ENVIRONMENTAL IMPACT:
Environmental evaluation of the project will be conducted during the well design
Phase I.
FISCAL IMPACT:
Water Funds in the amount of $1,500,000 are budgeted in the 2004-2005 Capital
Improvement Program for the design and construction of a new well.
RECOMMENDATIONS:
1. Award a Professional Services Agreement in the amount of $254,300.00 to
Boyle Engineering Corporation for design services for the new well and
wellhead facilities project.
2. Authorize the City Manager and City Clerk to execute a contract in a form
approved by the City Attorney.
Approved: ~~~
William R. Kelly, City Manager
' PM:GFL:KH:dw
Attachments
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STAFF REPORT
Public Works Services Department
January 4, 2005
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Direct r~
Prepared by: Gary F. Lewis, General Servicei Manager
Ken Herman, Associate Civil Engineer
SUBJECT: Award - Rehabilitation of Peck and Oranae Grove 2A wells
Recommendation: Authorize the City Manager to enter into a contract with
General Pump Company in the amount of $2~7,539.00 for the
Rehabilitation of Peck and Orange Grove 2A Wells.
SUMMARY
The 2004-05 Capital Improvement Program provides funding for the rehabilitation of the
Orange Grove Well No. 2A and Hugo Reid Well. After the completion of the budgeting
process for the 2004-05 Capital Improvement Program, and prior to developing this
project, the Peck Well began exhibiting increased pump vibration. The Peck Well is the
second largest producing groundwater well in the City's water system. Having this well
out of service, during the. summer_months would have a significant.impact on our_water
production capability. Therefore, staff considers rehabilitation of the Peck Well at this
time to be a greater priority than the Hugo Reid Well, and recommends that the City
Council approve the substitution of the Peck Well in place of the Hugo Reid Well.
On November 23, 2004, sealed bids were opened for the Rehabilitation of Peck and
Orange Grove 2A Wells. Three (3) bids were received with Generaf Pump Company
submitting the lowesf bid. Staff has reviewed their bid and found it to be satisfactory.
Staff recommends that a contract in the amount of $207,539.00 be awarded to General
Pump Company for this project.
BACKGROUND
The City of Arcadia's water system supplies water used for domestic and fire purposes
from local groundwater wells. The City's dependence on groundwater welis makes the
regular maintenance of wells extremely important to the reliable and safe supply of
water to City residents and businesses.
LASER IMAGED ~ ,~,
~c~
~~.~
Mayor and City Council
January 4, 2005
Page 2
The long term Capital Improvement Program plans for the rehabilitation of two domestic
groundwater supply wells each year. This allows each of the 13 wells within the City's
water production system to be rehabilitated every seven (7) years, which is the standard
recommendation within the water utility industry. The Orange Grove 2A Well and the
Hugo Reid Well were identified as those wells scheduled for rehabilitation in 2004-05.
The last time the Orange Grove 2A well was rehabilitated was in 1995. Since that time
the water level at this well has dropped approximately SO feet which, combined with the
age of the well and wear on the pump, have caused the eff+ciency of the overall wetl
system to drop severely. Rehabilitation of this well and lowering the intake of the pump
will increase the efficiency of the well and lower operating costs of the well.
StafF is recommending the substitution of the Hugo Reid Well with the Peck Well, due to
the deteriorati~g co~dition of the Peck Well. The Peck Well operates 24 hours per day,
seven days per week; and supplies approximately 25% of the water drawn from Arcadia
wells in the Main San Gabriel Basin. Since this well is critical to the City's reliable supply
of water, it is important to ensure that the well only comes out of service during
scheduled events and during periods of low demand within the system. A scheduled
rehabilitation of the Peck Well at this time would allow the continued operation during
the upcoming summer manths.
DISCUSSION
A Notice Inviting Bids for this project was advertised and published in local papers and
distributed to five bidders from previous well rehabiiitation projects. The City Clerk
publicly opened three (3) responses on November 23, 2004, with the following results:
Bidder Location Bid Amount
General Pump Company San Dimas $207,539.00
Layne Christensen Company Fontana $239,310.50
South West Pump & Drilling, Inc. Coachella $431,237.00
Staff has reviewed the bid documents for content and has investigated the low bidder's
background and recent projects for competency. It is staffs opinion that the General
Pump Company can satisfactorily perform the work required.
:, ~,_ .
Mayor and City Council
January 4, 2005
Page 3
ENVIRONMENTALIMPACT
This project is categorically exempt per Section 15301 Class 1(d) from the
requirements of the California Environmental Quality Act.
FISCAL IMPACT
Funds in the amount of $300,000 is budgeted in the 2004-05 Capital Improvement
Program to cover the cost of rehabilitation, inspections, management and contingencies
for the rehabiiitation of two (2) wefls.
RECOMMENDATION
1. Award a contract in the amount of $207,539.00 to General Pump Company
for the rehabilitation of the Orange Grove Well 1A and the Peck Well.
2. Authorize the City Manager and City Clerk to execute a contract in a form
approved by the City Attorney
3. Waive any informalities in the bid or bidding process
Approved by:
~ 1~
William R. Kelly, City Manager
PM:GL:KH:dw
Attachment
REHABILITATION OF
PECK AND ORANGE GROVE WELL 2A WELLS
Public Works Services Department
January 4, 2005
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Dir or~
Prepared by: Gary F. Lewis, General Servi s Ma ager
Cfement L. F(ores, Maintenance Contracts Officer
SUBJECT: Award of Contract - Janitorial and Porter Services
Recommendation: Award a one (1) year contract extension in the amount
af $318,344 to Grace Building Maintenance Company Inc. for janitorial
and porter services at various City facilities and appropriate $6,169 from
the General Fund
SUMMARY
On November 18, 2003, the City Council approved a one-year contract extension with
Grace Building Maintenance Company (Grace Building) for $267,776 to perform
janitorial and porter services at City facilities. This is the second extension request, and
if approved, wifl be effective on January 5, 2005.
The conVactor's offer of e~ension inGudes:
•$8,033 or 3.0°r6 cost of living adjustment (COLA) to offset higher insurance cost.
•$4,305 for a salary rate adjustment of $.50 cents per hour to retain three well-
trained porters and maintain continuity of service at the Library, Community
Center and City Hall.
o One (1) change order in the amount of $35,360 far an additional janitor at the
new police facility to replace a retired City empfoyee.
•$2,870 for a salary rate adjustment of $1.00 per hour for one (1) janitor at the
Police Department to reduce tumover and maintain a qualified janitorial
personnei.
Staff recommends that the City Council approve a one (1) year contract extension in the
amount of $318,344 with Grace Building Maintenance Company for janitorial and porter
services at City facilities.
LASER IMAG~D
~, f'.
3P
Mayor and City Council
January 4, 2005
Page 2
DISCUSSION
The Pubkic Works ServECes Department is responsible for the janitorial and porter
services at City facilities. Janitorial services include cleaning all common areas,
restrooms and offices at City Hall, Community Center, Library, Police Department and
the Public Works Service Center. The contractor is also responsible for porter services
to clean light fixtures, sanitize public restrooms, set-up for various City meetings and
heip office staff with routine service requests (e.g., moving heavy boxes, taking records
to s#orage, special cleanups, etc).
Grace Building has submitted a wri4ten offer to renew their contract on accordance with
the existing Agreement. The offer includes an increase of $8,033 or a 3.0°~ cost of living
adjustment based on the August 2003 to August 2004 Consumer Price Index of 3.32%.
The offer of extension also inGudes a wage increase of $.50 cents per hour for the
current porters at the Library, Community Center, and City Hall at an annual cost of
$4,305. This increase is necessary to retain well-trained personnel for continuity of
service.
In 200312004-budget year, a new janitor was added to the Police Department to
supplement fheir janitorial services at the new police facility. Since then, with the
retirement of the Police Department maintenance worker, a second janitor was
budgeted in the 2004l2005-budget year at a cost of $35,360.
bn the previous contracts, retaining experienced jartitors in the Palice Department was
very difficult resulting in a high levei of tumovers. This required an excessive amount of
staff time to train replacements. The new contract reflects an increase of $1.00 per hour
satary wage increase for janitorial personnel. This wage modification reflects an
increase of $2,870 forjanitorial service for the Police Department.
The following reflects the changes in contract costs associated with the contract:
Amendment Desc~ption
1 Cost of Living Adjustment
2 Additional Janitor for Police Department
3 Wage Adjustmerrt for other Porters
4 Wage Adjustment for a P. D. Janitor
Total Contract Adjustment
Amount
$ 8,033.00
$35,360.00
$ 4,305.00
$ 2.870.00
$50,568.00
Staff recommends that the City Council award a one (1) year contract extension, in the
amourrt of $318,344 to Grace Building Maintenance Company.
Mayor and City Council
January 4, 2005
-, Page 3
1 FISCAL IMPACT
$306,000 is appropriated in the 2004-05 budget to provide janitorial and porter services
at various city facilities. To keep our high level quality of mainfenance, staff is
requesting an additional appropriation o~ $6,169 to cover the rate ad}'ustments for the
bakance of this fiscal year. Appropriate budget adjustments will be included in the
2005/06 annual budget for the final six (6) months of the Contract.
RECOMMENDATION
1. Appropriate an additional $6,169 for fiscal year 2004-05 from the General
Fund.
2. Award a one-year contract extension in the amount of $318,344 to Grace
Buitding Rllamtenance Company for janitoriaf and porter services at various
City facilitiss for fiscal year 2004-2005.
3. Authorize the City Manager and City Clerk to execute a contract in a form
approved by the City Attorney.
~
Approved by:
_~~
William R. Kelly, City Manager
PM:GFL:dw
.~ _. _L
Public Works Services Department
January 4, 2005
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Directo
Prepared by: Gary F. Lewis, General Services Ma ager
Mark Rynkiewicz, Associate Civil En ineer
SUBJECT: Extend - Main4enance Contract for Pavement Repair of Utilitv Cuts
Recommendation: Award a one year contract extension in the amount of
$90,450.00 to Paveco Construction Inc. for the Pavement Repair of Utility
Cuts Maintenance Contract
SUMMARY
On August 19, 2003, the City Council approved a one (1) year Agreement with optional
contract extensions to Paveco Construction Inc. for the on-call pavement repair of utility
cuts. Paveco has reached the end of its first year of the contract and has submitted a
written offer to extend the existing contract for an additional one year in accordance with
the existing Agreement. Paveco Construction Inc. has agreed to hold firm the current
unit price for the one-year term of the contract.
Based on the excellent service provided by Paveco Construction Inc. from the previous
year, staff recommends that the City Council award a one (1) year contract extension in
the amount of $90,450.00 to Paveco Construction Inc. for Maintenance Contract for
Pavement Repair of Utility Cuts.
DISCUSSION
City street crew's current workload prohibit timely repair of utility cuts within the
roadway. The logistical complexity of dealing with perishable hot mix asphalt paving
material, labor intensity of the work, combined with relatively small isol,ated repairs
results in a highly unproductive operation for City street crews. Private companies who,
on a daily basis, deal with pavement repair of utility cuts for other utility companies and
municipalities in adjacent cities are readily mobilized and tooled to provide this service
at cost effective rates. Contracting this type of work to a private contracting company
had provided complete utility cut asphalt repairs in a timely and cost efFective manner.
LASER IMAGED
~,g-
~P
J :. i .
~ Mayor and City Council
January 4, 2005
Page 2
On August 19, 2003, the City Council approved a one (1) year Agreement with optional
contract extensions to Paveco Construction Inc. in the amount of $144,504 for the
Maintenance Contract for Pavement Repair of Utility Cuts. During the previous year,
the City spent an average of $88,000 for pavement repairs of utility cuts and it is
anticipated that the City will maintain the same level of activity. Paveco has agreed to
hold firm the current unit prices for the next year's cycle.
Therefore, staff recommends that the City Council award a one (1) year contract
extension in the amount of $90,450 to Paveco Construction Inc. for Maintenance
Contract for Pavement Repair of Utility Cuts.
ENVIRONMENTAL ANALYSIS
Pursuant to Section 15302, Replacement or Reconstruction, of the Califomia
Environmental Quality Act, this project is categorically exempt.
FISCAL IMPACT
There is no fiscal impact on the budget. This work is funded from the fee deposit
collected from each permit.
RECOMMENDATIONS
1. Award a one (1) year contract extension in the amount of $90,450.00 to
Paveco Construction Inc. for Maintenance Contract for Pavement Repair of
Utility Cuts.
3. Authorize the City Manager and City Clerk to execute a contract in a form
approved by the City Attorney.
Approved:
PM:GFL:MR:dw
=-1~ `~
William R. Kelly, City Manager
.~~- ;
\ - ~
January 4, 2005
STAFF REPORT
Public Works Services Department
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Director ~
Prepared by: Gary F. Lewis, General Services Manager
Mark Rynkiewicz, Associate Civil Engineer
SUBJECT: Acceptance - 2003-2004 Annual Asohalt Concrete Overlav Proiect
Recommendation: Accept all work perFormed by Silvia Construction Inc.
for the 2003-2004 and 2004-2405 Annual Asphalt Concrete Overlay and
Rehabilitation Project as complete and authorize the final payment to be
made in accordance with the contract documents, subject to a retention of
$36,007.79
' SUMMARY
On August 17, 2004, the City Council awarded a contract to Silvia Construction Inc. in
the amount of $337,054.56 for the construction of the 2003-2004 and 2004-2005 Annual
Asphalt Concrete Overlay and Rehabilitation 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 $360,077.90. This amount reflects the original contract amount
of $337,054.56 plus two (2) contract change orders (CCO) totaling $23,023.34 or 7%
above the original contract amount.
Staff recommends that the City Council accept all work performed by Silvia Construction
Inc. as complete and authorize the final payment to be made in accordance with the
contract documents, subject to a retention of $36,007.79.
DISCUSSION
The Public Works Services Department is responsible for the maintenance and repair of
approximately 147 miles of pavement within the community. In 1999, as part of the
City's Pavement Management Program, staff prioritized the condition of all City streets
and estabiished a Five (5) Year Pavement Management Plan to rehabilitate many of the
lowest rated streets. The 2003-2004 and 2004-2005 Capital Improvement Program
included the design and rehabilitation of these streets with approximately 14,645 lineal
feet of asphalt.
LASER IMAGED ~'~'
~R
~~~ "'" ~ Mayor and City Council
January 4, 2005
Page 2
The streets were paved or overlaid with a rubberized asphalt material. A rubberized asphalt
overlay is the application of a 2" thick mixture of Y:" and smaller aggregate, asphalt material
and rubber crumbs are applied over the existing street pavement. The rubber crumbs add
elasticity to the mixture, which extends the life of the asphalt overlay. This mixture, when
combined with edge cold milling, is designed to rehabilitate older pavement surfaces where
surtace cracks are prevalent and loss of material are evident.
In addition to the work originally covered by the contract, there were two (2) contract
change orders due to an item that was not covered in the original contract plus the cost
associated with the actual tonnage of asphalt used by the contractor. The work was bid
with the lowest cost per ton of asphalt so the contractor is only paid for the actual
tonnage used. Inspection was also done by staff at the asphalt plant and verified the
tonnage used. The following reflects the change orders associated with the project:
CCO # Description Amount
1 Removal of a Pressure Activated Signal Detector $ 505.49
2 Change Order to reflect final asphalt tonnage $22,517.85
Total Change Orders $23,023.34
Staff recommends that the City Council accept all work performed by Siivia Construction
Inc. as complete and authorize the final payment to be made in accordance with the
contract documents, subject to a retention of $36,007.79. This amount reflects the
original contract amount of $337,054.56 plus two (2) contract change orders (CCO) for
$23,023.34 or 7°/a above the original contract amount for a total contract amount of
$360,077.90.
ENVIRONMENTAL ANALYSIS
This project is categorically exempt per Section 15301 (c) replacement from the
requirements of the California Environmental Quality Act.
FISCAL IMPACT
Funds in the amount of $215,920 were budgeted in the 2003/2004 Capital Improvement
Program and $200,000 for 2004/2005 Capital Improvement Program for the design and
rehabilitation of streets. The two (2) project budgets ($415,920) were combined to provide
the greater economic advantage of a larger project.
` "` Mayor and City Council
January4, 2005
Page 3
' RECOMMENDATION
7. Accept all work performed by Silvia Construction Inc. for the 2003-2004
Annual Asphalt Concrete Overlay Project as complete.
2. Authorize final payment to be . made in accordance with the contract
documents, subject to a retention of $36,007.79.
Approved by: ._!~! ~~'~
William R. Kelly, City Manager
PM:GFL:dw
Attachment
UAL
ASPHALT CONCRETE OVERLAY AND
RECONSTRUCTION PROJECT
PROJECT NO'S:5433015, 5433154, 5433014
CITY OF ARCADIA
~ 003/2004 AND 2004/2005 ANN
NO SCALE
. ~SITY 4F
VO
+~c~Rt'ORATE9~M1~og STAFF REPORT
Development Services Department
DATE: January 4, 2005
70: Mayor and City Council
FROM: . Don Penman, Assistant City Manager/Development Services Directoi~
Philip A. Wray, City Engineer/Engineering Services Administrator pR~
SUBJECT: Acceqtance - Street Imarovement of Baldwin Avenue between Duarte
Road and Naomi Avenue
Recommendation: Accept and authorize final payment, subject to a
retention of $89,900.78, appropriate Sewer funds in the amount of
$10,000 and additional Water funds in the amount of $12,000
~ SUMMARY
On March 16, 2004, the City Council awarded a contract to Shawnan in the amount of
$786,621 for the street improvement and widening of Baldwin Avenue between Duarte
Road and Naomi Avenue. Change orders were issued during this project in the amount
of $112,386.75.
The terms and conditions of this project have been complied with and the required work
has been performed to staff's satisfaction for a final project cost of $899,007.75. Staff is
recommending that the City Council accept the project as complete and authorize the
final payment in accordance with the approved contract documents. Additional
appropriations are necessary in the amount of $10,000 from the Sewer fund and
$12,000 from the Water fund to cover project expenses.
DISCUSSION
This project is a part of the City's on-going plan to upgrade and improve the commercial
areas of the City by improving the streets and public parkways. The project was initially
funded in the FY 2002/03 Capital Improvement Program to improve the one block
segment of the Baldwin Avenue between Duarte Road and Naomi Avenue. The
purpose of the project was to make appropriate trafFic improvements; to provide
additional parking for the commercial area; and rehabilitate and beautify the street and
the parkway.
LASER IMAGED ' +
f~ P
`"_ ~taff Report
, Acceptance - Street Improvement of Baldwin Avenue between Duarte Road and Naomi
Avenue
January 4, 2005
Page 2
The project included:
. New asphalt pavement overlay
• Right turn lanes and longer left turn lanes approaching both intersections
• 6us turn-out lane on both north and south bound direction
• A larger curb return radius at the southwest corner of Baldwin Avenue and
Duarte Road
• A raised median to restrict mid-block !eft turns
• Widening of the west side of the street to add on-street parking
• Construction of mid-block "bow-outs" with decorative seat-walls, benches and
trash receptacles connected by a decorative crosswalk
. Installation of traffic signal interconnect conduit for the entire block
. Installation of new landscaping in parkway planters and the raised median
• New street trees on both side of the street and the raised median
• New street light poles
• New banner pole on the west side of the street to replace the connection to the
building
The construction contract was awarded to Shawnan on March 16, 2004 and the I
construction commenced in mid April. The initial phase of the project involved all the
underground work necessary to widen the paved roadway. The contractor experienced
several problems due to unforeseen conditions that lead to significant change orders
addressed below. The City also realized some cost savings from Southern California
Edison Co. (SCE) that was applied to the project to install underground conduit for the
streetlights. The additional work items are addressed below.
Relocation of Water Vaults and Water Services
The widening of the street required the relocation of several vaults and water service
connections. During the design process, the design engineer obtained all underground
utility information and locations from the utility companies. The water services were
designed around the existing utilities accordingly. When the contractor began the
excavation, he discovered a telephone line that was not in accordance with the
information provided by the telephone company. The conflict caused the relocation of
the water vaults and services into more confined spaces requiring more pipe, turns,
thrust blocks, and connections. Other options were considered but were either more
expensive or would delay the project much longer. The work also included removing
and relocating more water lines and relocating gas meters in the process. This work
' -- 3taff Report
Acceptance - Street Improvement of Baldwin Avenue between Duarte Road and Naomi
Avenue
January 4, 2Q05
Page 3
was relatively extensive and caused several weeks of delay. The final cost for the
relocation /replacement of the water facilities and other utilities is $53,597.67.
Installation of Underqround Street Liqht Conduit:
Installation of underground streetlight conduit and wires was originally considered in the
project to save the City from having to cut the street in the future. However, due to the
high estimated cost the item was removed from the project before bidding. The project
did include the cost of purchasing and installing new street light poles, but was separate
from the construction contract and was intended for installation by Southern California
Edison. After the construction started SCE informed the City that the streetlight poles
would be purchased and installed at no cost to the City. Staff proceeded to negotiate
with the contractor to install underground conduit for the streetlights using the savings
from the poles. Accordingly, due to the timing of the request, the City was able to
negotiate a very reasonable cost for the work. The final cost to the construction
contract is $31,623.99, but with a savings of $13,000 from SCE, the net cost to the
project is $18,623.99.
Relocation and Reconstruction of a Sewer Manhole
The design engineer originally designed the raised median so that it avoided a sewer
manhole by curving the median curb around the sewer manhole cover. During
construction, City staff requested that the manhole cover be relocated into the median
island out of the tra~c lane for ease of future access. Because of the condition and
age of the manhole, the entire manhole had to be reconstructed. The final cost is
$9,224.36 and will be paid for out of the Sewerfund.
Relocation of Storm Drain Pipe
The project included the relocation of a storm drain catch basin in order to widen the
street. During construction, the contractor found an additional connection to the catch
basin from the adjacent building. There was no previous record, documentation or
knowledge of the connection. In order to relocate the catch basin, the contractor was
required to reroute the storm drainpipe and reconnect it to the new catch basin. The
final cost for this work is $3,125.16
Additional Pedestrian Button and Pole
The project included the relocation of a traffic signal pole at the northwest corner of
Baldwin Avenue and Naomi Avenue. Afte~ the pole was relocated, staff requested an
additional pole be installed closer to the curb ramp to accommodate the pedestrian
-- Staff Report
Acceptance - Street Improvement of Baldwin Avenue between Duarte Road and Naomi
Avenue
January 4, 2005
Page 4
button. Although the relocated pole could accommodate the button, the additional pole
provides aesthetics and easier access to pedestrians. The final cost for this work is
$1,574.57.
Excavation to lower the Cobble Stone Pavinq in the Median
The project was designed with the Cobble Stone paving in the median raised
approximately four inches above the top of the curb. During construction, staff
requested that the grade be lowered to place the cobble surFace at the top of curb to be
less of a tripping hazard for pedestrian safety. This required the contractor to remove
more dirt from the median. The final cost for this work is $1,763.14.
Installation of Additional Siqns and Pavement Markinqs
Upon completion of the work, staff reviewed the signing and striping and requested two
additional items. Reflective markers were added along the median curb edge to
delineate the median and to improve driver awareness of the median curb, and two
"Pedestrian Crossing" signs were added to complement the two existing signs to alert
drivers of the crosswalk. The final cost for this work is $1,108.80.
Final Quantities Adiustment
The City bid this project with individual items and estimated quantities. The contractors
submitted their bids based on the unit prices for the items. This change is the result of
comparing the final measured quantities with the estimated bid quantities using the
contractor's unit prices. The final adjustment is $10,369.06.
The summary of change order costs is as follows:
Relocation of Water Vaults and Services $53,597.67
Installation of Streetlight Conduit $31,623.99
Relocation of Sewer Manhole $9,224.36
Relocation of Storm Drain Pipe $3,125.16
Additional Pedestrian Button and Pole $1,574.57
Excavation of Median for Cobble $1,763.14
Installation of Signs and Pavement Markings $1,108.80
Final Quantities Adjustment $10,369.06
TOTAL $112, 386.75
The project budget was approved on March 16, 2004 at the time of award of the
construction contract. On September 7, 2004, the City Council approved an
' , Staff Report
Acceptance - Street Improvement of Baldwin Avenue between Duarte Road and Naomi
Avenue
January 4, 2005
Page 5
amendment to the Professional Services Agreement with Anderson Consulting Services
(ACS) for additional inspection services in the amount of $9,700. However, the final
expenses of ACS were less than the contract amount. Additionally, more staff time
was necessary to deal with the changes and the extended construction period. The final
project expenses are slightly over the appropriated funds, so additional appropriations
are necessary. The following is a comparison of the previously approved
appropriations to the final:
Construction Final
Item Budqet Expenditure
Construction Contract $786,621 $786,621
Contingency $ 81,063 --
Change Orders -- $112,387
Street Light Relocation $ 13,000 0
Inspection & Testing $ 55,000 $ 52,000
Construction Administration 1$ 0,000 15 000
TOTAL $945,684 $966,008
The project will require an additional appropriation from the Sewer fund in the amount of
$10,000 and from the Water fund in the amount of $12,000 to cover the additional costs.
The final funding appropriations are as follows:
Previous
Fund Appropriation
Capital Outlay $394,234
Proposition C $376,450
Proposition A $ 12,000
County Aid-to-Cities $ 13,000
Water $150,000
Sewer 0
TOTAL $945,684
FISCAL IMPACT
Final
Appropriation
$394,234
$376,450
$ 12,000
$ 13,000
$162,000
10 000
$967,684
Funds were budgeted for the construction of the Baldwin Avenue Improvements from
Proposition C Transportation funds in the amount of $376,450, Capital Outlay funds in
the amount of $394,234, Proposition A Transportation funds in the amount of $12,000,
~ ' Staff Report
Acceptance - Street Improvement of Baldwin Avenue between Duarte Road and Naomi
Avenue
January 4, 2005
Page 6
Water funds in the amount of $150,000 and L.A. County Aid-to-Cities funds in the
amount of $13,000. The total construction cost of the original contract is $786,621.
With the total changes in the amount of $112,387, the final construction contract cost is
$899,008. Additional appropriations of $10,000 from the Sewer fund and $12,000 from
the Water fund are recommended to cover the contract cost, construction
administration, material testing, inspections and contingencies.
RECOMMENDATION
That the City Council accepts the work performed by Shawnan for the street
improvement of Baldwin Avenue between Duarte Road and Naomi Avenue,
authorizes the final payment to be made in accordance with the contract
documents and appropriates Sewer funds in the amount of $10,000 and additional
Water funds in the amount of $12,000.
Approved By: ~~~
WILLIAM R. KELLY, CITY MANAGER
.
DP:PAW:pa
~e
A
\ /
STAFF REPORT
Development Services Department
January 4, 2005
TO: Chairman and Members
Mayor and City Council
FROM: ~on Penman, Deputy Executive Director
~y: Pete Kinnahan, Economic Development Administrator
SUBJECT: Morlan Place Automobile Dealership Expansion Proiect (Rusrtak
Arcadia Redevelopment Aqencv
1. Resolution No. ARA-212 - A Resolution of the Arcadia
Redevelopment Aqencv (i) adoptinq a. Mitiqated Neqative
Declaration and a Mitiqation Monitorin4 Proqram for a Land
Development Aqreement with Paul P. Rusnak and Rusnak/Arcadia
2.
certain consultinp services and relocation benefits
Citv Counci!
1. Citv Council Resolution No. 6452 - A Resolution of the Citv Council
of the Citv of Arcadia makinq certain findinqs pursuant to Califomia
Health and Safetv Code Section 33433 in connection with and
approvinq the sale of proqertv pursuant to a Land Assemblv and
Development Apreement amonq the Arcadia Redevelopment
Aaencv. Paul P. Rusnak and Rusnak/Arcadia
Recommendation: Adopt Agency Resolution No. ARA-212, City Counci)
Resolution No. 6452, approve project budget of $13.4 million and
appropriation of $1,908,000
SUMMARY
The Redevelopment Agency Board and the City Council at their December 7, 2004 joint
public hearing on the proposed Morlan Place Project heard the staff report, took public
comment and closed the public hearing. After discussion with and advice from the City
Attorney, the Agency Board and City Council directed staff and the City Attorney to
LASER IMAGED
a. a .
1 `~ P
~ Chairman and Members
Mayor and City Council
January 4, 2005
Page 2
respond in writing to.certain environmental issues raised at the December 7 public
hearing. This response is provided as Attachment 1.
In addition, the City Attorney recommended that the Agency respond to certain
redevelopment-related issues raised by the public, even though a written reply is not
required. This response is provided as Attachment 2.
The entire staff report and exhibits from the December 7, 2004 meeting were provided
to the Agency/Council prior to the December 7 meeting. Because of the size of the
numerous documents, staff requests that you bring the December 7 Morlan Place report
with you to the meeting. Please contact Development Services, if you need, for another
copy.
RECOMMENDATION
It is recommended that:
Agency: Adopt Agency Resolution No. ARA-212 - A Resolution of the
Arcadia Redevelopment Agency (i} adopting a Mitigated Negative
Declaration and a Mitigation Monitoring Program for a Land Assembly and
Development Agreement with Paul P. Rusnak and Rusnak/Arcadia, and (ii)
approving a Land Assembly and Development Agreement with Paul P.
Rusnak and Rusnak/Arcadia. -
2. Agency: Approve project budget of $13:4 million (with a maximum Agency
contribution of $8 million), appropriate $1,908,000 for the above listed
activities/consultants, and authorize the Executive Director to implement
the LADA.
3. City Council: Adopt City Council Resolution No. 6452 - A Resolution of the
City Council of the City of Arcadia making certain findings pursuant to
California Health and Safety Code Section 33433 in connection with and
approving the sale of property pursuant to a Land Assembly and
Development Agreement among the Arcadia Redevelopment Agency, Paul
P. Rusnak and Rusnak/Arcadia.
Approved: """'~
William R. Kelly, Executive Director
Responses to Topics of Environmental Concern in Comments to
Arcadia (Morland) Mitigated Negative Deciaration
An Environmental Impact Report Should Have Been Prepared Because the
Applicant's Environmentallnformation Form Contains Inaccurate
Information Regarding Solid Waste/Litter That Would Be Generated
[See, e.g., David K. W. Chang s 12/7/04 Objections to Adoption ofMitigated
Negative Declaration, p. 3.J
Response:
'The project applicant will provide for commercial trash collection by one of
the City's four approved vendors. Solid waste from the project area primarily
is taken to the Puente Hills landfill which has capacity to serve the area for
approximately 10 additional years. Solid waste from the project area can also
be taken to private landfills. For example, Waste Management, the
predominant solid waste hauler in the city, uses its own private land fills
located all over the state to accept hauled solid wastes. Solid waste from the
project area can also be taken to the Al1en Company facility, a material
recovery facility (MRF) in the City of Industry that separates solid waste into
recyclable materials or to the solid-waste-to-energy conversion facility in the
City of Commerce.
Also, section 6434 of the Arcadia Municipal Code requires that any waste
hauler operating within the city shall be permitted. The subparts of Municipal
Code section 5130.1 requires, in relevant part, that any such pemvtted hauler:
(a) Work with customers in the City to recycle and educat~
customers about the need to recycle. Within ninety (90) days of
the issuance of the hauler's business license, the hauler shall
submit to the Public Works Services Director a strategy and
methodology for increasing diversion and recycling within the
City;
(b) Achieve annual diversion rates, as provided under
applicable state law, for all commercial waste as defined in the
City's Source Reduction and Recycling Element including, but
not limited to, varieties of paper, plastics, glass, as well as
wood, yard and other greenwaste, manure, and construction
and demolition debris, collected or removed within the City;
(c) Report to the City all materials considered diverted or
recycled resulting in source reduction, recycling, composting
and/or transformation from the commercial and industrial
1 Attachment 1
RVPi1B~DJ5\686I18.1 ~
waste stream by using the diversion formula set forth in
Section 5130.1(d);
(~ Each pernutted commercial hauler servicing an entity shall
provide a recycling container for the customer's source
separated recyclables at no additional charge to the commercial
customer upon request of the commercial customer.
Municipal Code section 5130.4 establishes repercussions for waste haulers
that do not comply with the recycling requirements established by section
5130:
If a commercial hauler fails to reach the diversion rates as
specified by Section 5130.1(c), then the City shall, consistent
with Arcadia Municipal Code Section 6216.7, consider aetion
to suspend or revoke the applicable business license permit or
direct nonrenewal of the permit and/or application, or d'uect the
imposition of civil penalties and fines pursuant to a duly
promulgated ordinance to implement the provisions of tlvs Part
3 ofthe Code.
The Initial Study recognizes that the project applicant will comply with City
waste recycling requirements per AB 939 and City of Arcadia Municipal
Code section 5130. Based upon the existence of a mandated recycling
program and the abundance of landfill capacity to accommodate the solid
waste that would be generated by the ongoing operation of the proposed
project, there would be no impacts from solid waste.
2. An Environmentallmpact Report Should Have Been Prepared Because the
Applicant's Environmental lnformation Form Contains Inaccurate
Information re the Series of Projects/Need to Analyze Foreseeable Future
Series of Projects (That the Dealership Will Necessarily Expand Again in the
Foreseeable Future)
(See, e.g., David K W. Chang's 12/7/04 Objections to Adoption of'tLfitigated
Negative Declaration, p. 3.J
Response:
Pursuant to the Califomia Environmental Quality Act ("CEQA"), in an Initial
Study/Mitigated Negative Declaration, the project to be analyzed is the whole
of the action that is the proposed project. (Pub. Res. Code section 21065;
CEQA Guidelines secfion 15378(a).) While an agency is not entitled to
segment a project into smaller parts to avoid a fmding of significant
environmental impacts (see, e.g., Bozune v. Local A e~ncv Formation _
RVPUB~DJS\6861 I8.1
Commission (1975) 13 Ca1.3d 263), only actions related to the project that aze
reasonably foreseeable need be included in the project and analyzed in the
CEQA document. (See Laurel Heiphts Improvement Ass'n v. ReQents of the
Universitv of California (1988) 47 Ca1.3d 376.) Actions that aze related to the
proposed project that aze remote or speculative need not be included in the
analysis of the project. (Id.) Where meaningful information about a future
action related to the proposed project is not capable of being obtained, such
potential future action need not be analyzed as part of the proposed project.
(No Oil, Inc. v. City of Los An¢eles (1987) 196 Ca1.App3d 223.) CEQA
does not require a"crystal ball" analysis of the environmental impacts of
future actions that aze of speculative feasibility. (Citizens of Goleta Valley v.
Bd. of Supervisors (1988) 197 Ca1.App.3d 1167, 1177-78.)
The project description in the Initial Study accurately represents the whole of
the currently-proposed project. The existence, nature, and extent of any future
expansion of the dealership is not now reasonably foreseeable. While the
commentor's assertion that a future expansion of the dealership may occur
cannot be ruled out, the nature, timing, and certainty of any such expansion is
not known and therefore is not reasonably foreseeable. Put another way,
meaningful information regazding any future expansion of the dealership is
not currently lrnown nor could it be and any attempt to forecast any such
expansion would be completely speculative. As such, it is both impossible to
include analysis of any future expansion of the dealership in the current
analysis nor is there any duty to do so pursuant to the law set forth above.
The Environmental Checklist Form (Initial Study) Fails to Address Signif:cant
Impacts re Population and Housing Because the Relocation of the Church
Will Cause Movement of Population and Housing Patterns
[See, e.g., David K. W. Chang s 12/7/04 Objections to Adoption ofMitigated
Negative Declaration, p. 4.J
Response:
As noted in the Initial Study, the proposed project would have no impact upon
population or housing. The facility does not provide housing for the church
members. Moreover, there is no logical connection beriveen the relocation of
the place where the church members meet and any appreciable impact to
population and housing concerns that are relevant under CEQA. The
movement of the church facility to another location within Arcadia, only a
short distance away, would not reasonably cause an appreciable change in the
locations where the church members live, nor any appreciable change in the
population of the city.
Moreover, the commentor's statement seems to be made primarily to support
an assertion that pursuant to Community Redevelopment Law, the City is
RVPLB\D7S\686118.1
required to locate replacement facilities for affected persons. No
environxnental issue is raised within that comment and therefore no additional
response is necessary.
The Environmental Checklist Form (Initial Study) Fails to Address Significant
Impacts re Hazards & Hazardous Materials Because the Dealership
(Including Mechanical Service Bays) Wi11 Contain Hazardous Materials
[See, e.g., David K. W. Chang's 12/7/04 Objections to Adoption ofMitigated
Negative Declaration, p. 4.J
Response:
The Initial Study identifies as less than significant the impact based upon the
creation of a significant hazard to the public or the environment through the
routine transport, use, or disposal of hazardous materials. (IS, p. 10.) The
commentor's assertion that the dealership would handle a significant amount
of hazardous materials in such a way as to cause a significant impact to the
environment is factually unsupported and speculative. The ongoing operation
of the dealership, including mechanics operations, would not cause an
appreciable hazard to the public or environment caused by hazards or
hazardous materials.
The proposed expansion of the Rusnak dealership will include approximately
30Q000 sq ft ofbuilding, including approximately 110 automobile
maintenance bays. The dealership, however, will be required to continue to
comply with all regulations and statutes relating to operation of the dealership,
including the maintenance and handling of hazardous materials that are used
in the dealership's operations. These operations would include the continued
use of a licensed vendor to pick up and dispose of any hazardous waste
generated at the dealership. The dealership cunently utilizes the services of a
service to collect and recycle much of the hazardous waste generated by the
operation of the dealership, including the operarion of the maintenance bays.
The nse of such a recycling service would continue, avoiding impacts caused
by hazazdous materials. As such, any potential impacts would be fully
mitigated and no additional impact will be caused by hazardous materials.
5. The Environmental Checklist Fo»n (Initial Study) Fails to Address Significant
Impacts re Public Services Because the Church Provides a Significant Public
Service to the Community
[See, e.g., David K W. Chang's 12/7/04 Objections to Adoption of Mitigated
Negative Declaration, p. 4; Wenn Chyn 12/7/04 Comment Letter, p. 1;
Michael G. Keith 12/6/04 Comment Letter, p. l.J
Response:
4
RVPUB~DIS\686178.1
The services provided by a church are not public services for the purposes of
CEQA analysis. The Initial Study checklist makes it clear that the public
services contemplated within CEQA are fire protection, police protection,
schoois, pazks, and other public facilities. In fact, the relevant analysis is
whether the proposed project will result in substantial adverse physical effects ,
from construction of new or altered government facilities needed to maintain
acceptable service ratios for fire/police/schooUpark services, etc. Churches by
their very nature are not public facilities. Public agencies do not - and cannot
- provide church services.
6. The Environmental Documents Must Propose Mitigation Measures to
Minimize the Impact to Communiry Members ofNot Having a Church to
Attend, Including the Identification of a New Church for Relocation and the
Impacts Caused By that Church (Where is the new site? How to relocate?
YVho will pay for it? Are the community members satlsfied?)
(See Wenn Chyn 12/7/04 Comment Letter, p. 1; Michael G. Keith 12/6/04
Comment Letter, p. l.J
Response:
First, mitigation measures are required for each significant impact idenrified
in the CEQA document. (CEQA Guidelines section 15071(e).) As analyzed
in the IS/MND and discussed in these responses to environmental issues, there
aze no potentially significant impacts related to the relocation of the church
facility for the purposes of CEQA. A significant effect on the envirorunent is
defined as a substantial adverse change in the physical conditions which exist
in the area affected by the proposed project, including land, air, water,
minerals, flora, fauna, ambient noise, and obj ects of historic or aesthetic
significance. An economic or social change by itself shall not be considered a
significant effect on the environment. CEQA Guidelines sections 15002(g},
15382, and 15131(a). As such, mitigation measures relating to the relocation
of the church aze not required.
Also, the City has made it cleaz to church members inquiring about the project
that their church would not be demolished until a suitable replacement for the
church is located in Arcadia. As such, it is premature to consider the loss of
the current church meeting hall as an impact to the church members when
there will be no loss of the ability to assemble as a church.
Moreover, even assuming impacts were caused by the church relocation that
necessitated mitigation measures, the incomplete status of the ongoing inquiry
to fmd a suitable replacement location for the church means that it is
premature to consider the potenfial impacts of the church replacement. Only
feasible mitigation measures should be included in CEQA analysis. A
RVPCB~D7S16861 I8.1
mitigaUon measure is feasible if it is capable of being accomplished in a
successful manner within a reasonable amount of time, taking into
consideration economic, environxnental, legal, social, and tecluiological
factors. (CEQA Guidelines, section 15364.) Despite the City's inquiry, it is
not yet known how and where a replacement church could be located in
Arcadia. It is therefore not known which sites would be feasible for purposes
of CEQA. The loca6on and potential impacts of the replacement church will
be analyzed separately when the locarion of the replacement church is known.
It has not yet been possible to identify a location to relocate the church
because only after the proposed project is approved can the city work with the
church to investigate and decide upon alternative locations for the church.
Prior to project approval, it would be, premature to identify sites for the church
relocation. The timing of the project proposal- and the time necessary for
project review including the analysis ofpotential environxnental impacts
pursuant to CEQA - would not have allowed for meaning analysis of potential
impacts caused by possible church relocation sites identified during the early
stages of project and impact review. The city could not have committed to the
acquisition of any of those sites during prior to project approval, and it is
unprobable that the relocation sites would srill have been viable relocation
sites after project approvaL The analysis of future speculative actions is not
required by CEQA. (Citizens of Goleta Valley v. Bd. of Supervisors (1988)
197 Ca1.App3d 1167, 1177-78.) Therefore, for the sake of azgument, eVen if
mitigation measures were required to mitigate the impacts of church
relocation, an analysis of the impacts caused by highly speculative relocation
plans is not required under CEQA.
RVPUB~D7S\686ll 8.1
Responses to Topics of Concern Regarding Redevelopment
Law in Comments to Arcadia (Morlan) Disposition and Development Agreement
The Propased Taking of Church Property is Not for Public Use as Required by the
United States Constitution
[See, e.g., David K W. Chang's 12/7/04 Objections to Adoption of Mitigated Negative
Declaration, p. 4.J
Response:
The proposed Morlan Place project ("Project") is being undertaken by the Agency as a
redevelopment project pursuant to provisions of the Agency's redevelopment plan and the
Califomia Community Redevelopment Law (Health and Safety Code §§ 33000, et• sea.
("CRL").) Implementation of the Project will require the assemblage of numerous pazcels of
irregulaz shape and size in multiple ownership and will result in physical and economic benefits
to the community. The assembly of land for redevelopment purposes is expressly authorized
under the CRL (CRL section 33391). Furthermore, the United States Supreme Court has upheld
the use of eminent domain for redevelopment purposes. (Berman v. Pazker (1954~ 348 U.S. 26.)
The Supreme Court detemuned that redevelopment was a proper public purpose for purposes of
eminent domain, even as to properties within a redevelopment area that were, in and of
themselves, not blighted. (Id. at 32).
Moreover, nothing in the Disposition and Development Agreement authorizes the
Agency to acquire any property for the proposed Proj ect by condemnation or othenvise.
Although the Agency has chosen to address this objection now, the Agency also maintains thaf
the objection is premattzre and unrelated to the issues and findings which the City Council must
make in connection with the consideration of the Disposition and Development Agreement.
2. The proposed Taking of Church Property is Not for Public Use as Required by the United
Sfates Constitution
(See, e.g., David K. W. Chang's 12/7/04 Objections to Adoption of Mitigated Negative
Declaration, p. 3; Dean Dennis' 12/7/04 Comment Letter, p. I.J
Response:
See Response No. 1 above.
Attachment 2
RVPUBUCKR\686236.t
3. The Praject Violates the Religious Land Use and Institutionalized Person Act (RLUIPA-
42 U.S. C. sections 2000cc - 2000cc-1)
(See, e.g., David K. W. Chang's 12/7/04 Objections to Adoption ofMitigated Negative
Declaration, p. S.J
Response:
The Religious Land Use and Institutionalized Person Act ("RLiJIPA") has never been
interpreted by any appellate court as precluding a redevelopment agenc}?s right to acquire
religious property through eminent domain. The Agency aclmowledges the case of Cottonwood
Christian Center v. Cypress Redevelonment A~encv (C.D. Cal. 2002) 218 F.Supp. 2d 1203,
where a federal district court enjoined the Cypress Redevelopment Agency's emiuent domain
proceedings against a local church on the grounds that there were remaining issues of fact to be
tried before condemnation could proceed. It is important to note that there was no ruling on the
merits of the church's claim in the Cottonwood Christian case and the case was never submitted
to an appellate court for review since the parties in that case settled their dispute.
Moreover, similar to the concerns raised in Objections No.1 and 2 above, Objection No.
3 is not relevant to the issues and matters to be determined by the City Council in its
deliberations conceming the Disposition and Development Agreement.
4. The Property Owned by 25 W. Huntington Partners (Arcadia Self Storage) is Not
Blighted Physically or Economically as Defined by Health and Safety Code section
33030
[See, e.g., Dean Dennis' 12/7/04 Comment Letter, p. I.J
Response:
The Agency respectfully disagrees with the objection's conclusion that the Arcadia Self
Storage project is not physically or economically blighted. The condition described in CRL
section 33031(a)(2) is particularly applicable to the Arcadia Self Storage property. That
condition describes physically blighted properties as property affected by factors which prevent
or substantially hinder the economically viable use or cavacitv of buildings or lots, caused by
inadequate size given present standazds and market conditions or other similaz factors.
Furthermore, what the City Council must determine, pursuant to CRL section 33433(b), is that
the sale or lease of the site proposed for the Project will "assist in the elimination ofblight". The
Council's analysis is not whether each particulaz pazcel within the site for the proposed Project is
blighted; the CRL does not require that each particular parcel of land within a proposed
redevelopment project be blighted any more than the law requires that the Agency may only
acquire blighted properties through condemnation. The Agency believes that the staff report and
the summary report required by CRL section 33433, both of which were publicly available,
contain substantial information that sale of the site for the Project will assist in the elimination of
blight.
RVPUB\KKR\686236.1
5. With Respect to the Morlan Place Project, the Proposed Plan Lacks Substantial Evidence
to Support the Plan's Conclusions ofHow the Goals, Objectives, Programs, and
Expenditures Will Eliminate Blight Within the Project Area, and Specifically Fails with
Regard to Arcadia Self Storage - Health and Safety Code section 33031
[See, e.g., Dean Dennis' 12/7/04 Comment Letter, p. 2.J
Response:
We understand the objection to be primarily a restatement of Objection No. 4, i.e., that
the Arcadia Self Storage project is not blighted and therefore could not be included as one of the
pazcels being considered for use within the Project. In response, the Agency incorporates its
response to Objection No. 4 above. With respect to the objection's general and non-specific
observation that the Implementation Plan which was approved by the City Council on December
7`h lacks substantial evidence to support the Ixnplementation Plan's concluaions regarding the
elunina6on of 6light, the Agency respectfully disagrees with the author's conclusion.
Moreover, the Agency rejects the author's contention that the Implementation Plan's
conclusions must be supported by substanUal evidence. Substantial evidence is the standazd
employed when a hearing body is required to receive and consider evidence and then make
determinations based on the evidentiary record. Although the Agency was required to hold a
pubiic hearing and receive public testimony concerning the Implementation Plan, CRL section
33490(a) does not require the Agency to make any findings based upon the evidentiary record.
Accordingly, the appropriate standazd against which to measure the Agency's decision to
approve the Implementation Plan is whether the action was arbitrary, capricious and completely
unsupported by the record.
5. It Does Not Appear That Notice Identifying the Five Year Implementation Plan as being
Considered Along With the Morlan Plan Project Was Mailed to Affected Property
Owners
[See, e.g., Dean Dennis' 12/7/04 Comment Letter, p. 2.J
Response:
The Agency's consideration of the Disposition and Development Agreement was
appropriately noticed once per week for two successive weeks prior to the public hearing by
publication in the Arcadia Weekly as required by CRL section 33433(a) and Government Code
section 6066. Neither the CRL nor the Government Code require the Agency to mail individual
notices of the Disposition and Development Agreement public hearing to affected property
owners, as the author of the obj ection states. Furthermore, the Agency's adoption of the
Implementation Plan was govemed by CRL section 33490. CRL section 33490(d) requires that
the notice of the Agency's consideration of the Implementation Plan be published pursuant to
Government Code section 6063, posted at four places within the redevelopment project azea for a
period of three weeks, and "mailed at least three weeks in
RVPUBV{KR~686236.1
advance to all persons and agencies that have reauested notice." CRL section 33490 does not
require mailed notice to persons other than those who have specifically requested notice. To the
Agency's knowledge, none of the property owners within the planned Proj ect site requested
mailed notice under CRL seclion 33490
~
RVPUBV{KR\686236.]
4
F-~ -t2~.~,-.,x.~
`c.~--~' c~c~.;,~-'
Mayor Gary Kovacic
and Members of the City Council
City of Arcadia
P. O. Box 60021
Arcadia, CA 91006
December 23, 2004
Re: Proposed Redevelopment - Rusnak Motors
Dear Mayor Kovacic and City Council Members:
~
RECEIVED
JAN 17 2005
CITY OF ARCADIA
CffY CLERK
The undersigned are all former members of the Arcadia City Council and past Mayors. We
aze concerned about the proposed use of the redevelopment resources and authority to expand the
Rusnak Motors business interests in Arcadia.
While our issues with respect to this proposal may varyby individual, we are all united in
the belief that this is not a proper use of the redevelopment authority in Arcadia.
As concerned citizens of Arcadia, we urge you, as members of the Arcadia Redevelopment
Agency, to vote against this proposal.
Very truly yours,
~ ~. ~~~
Edwazd L. Butterworth
~i~' ~,P~ c~,~c.2,~--
Chazles Gilb
~;~es R. Helms, Jr. -
~~~~~~
y ung
_ ~
-~ .
o asching
,~ ~?~~~~
Robert Hazbicht
~-~~~~~w--~:~-
Floretta Lauber
See December 7, 2004 City Council Meeting
Item i.a. for public correspondence on
Public Hearing for
Resolution No. ARA-212 and Resolution No. 6452
Re: Morlan Place Automobile Dealership Expansion
Project (Rusnak)
~-~ ~::~._.1
RESOLUTION NO. ARA-212
A RESOLUTION OF THB ARCADIA REDEVELOPMENT
AGENCY (i) ADOPTING A MITIGATED NEGATIVE
DECLARATION AND A MTTIGATION MOIVITORING
PROGRAM FOR A LAND ASSEMBLY AND DEVELOPMENT
AGREEMENT WITH PAUL P. RUSNAK AND
RUSNAK/ARCADIA, AND (ii) APPROVING A LAND
ASSEMBLY AND DEVELOPMENT AGREEMENT WITH
PAUL P. RUSNAK.AND RUSNAK/ARCADIA
WHEREAS, the City Council of the City of Arcadia ("City'~ approved and adopted a
redeyelopment plan ("Redevelopment Plan") for the redevelopment project azea lrnown as the
"Central Redevelopment ProjecY' ("Project Area"), on December 26, 1973, by Ordinance
Number 1490, as last amended on October 7, 2003, by Ordinance Number 2181; and
WHEREAS, the Arcadia Redevelopment Agency ("Agenc}~') is engaged in activities to
implement the Redevelopment Plan for the Project Area, pursuant to the provisions of California
Community Redevelopment Law (Health and Safety Code Section 33000 et seq.) ("CRL"); and
WHEREAS, Paul P. Rusnak, as trustee of the Paul P. Rusnak Family Trust dated
November 18, 1988 ("Owner"), and Rusnak/Arcadia, a Califomia corporation ("Operator"), own
and operate a new and used automobile dealership and automobile service.center located at 55
West Auntington Drive in the Project Area ("Dealership"); and
WHEREAS, the Owner and the Operator desire to acquire and develop five (5) parcels of
property located within the Project Area in proximity to the existing Dealership ("Expansion
Site") in order to expand the existing Dealership facilities and services ("Expansion ProjecY~;
a~id
WHEREAS, the Agency has determined that the redevelopment of the Expansion Project
on the Expansion Site will assist the community in eliminating and preventing conditions of
blight on the Bxpansion Site and prevent the spread of conditions of blight into other areas of the
community, including areas within the Project Area; and
WHEREAS, Agency staff, the Owner and the Operator have negotiated the terms of a
proposed 2004 Land Assembly and Development Agreement ("AgreemenY') that proyides,
among other things: (i) that the Agency will use its reasonable best efforts to acquire the
Expansion Site and convey the Expansion Site to the Owner, and (ii) that the Owner will acquire
the Expansion Site from the Agency and develop the Expansion Project on the Expansion Site,
pursuant to the terms and conditions of the Agreement; and
WHEREA5, a copy of the Agreement is and has been on file with the Agency Assistant
Secretary, at the Agency's office, at the Arcadia Public Library, and available to the public for
inspection since November 11, 2004; and
, LASERIMAGED
~P
WHEREAS, Enviromnenfal Quality Act ("CEQA") and the Agency has prepared an
initial study ("Initial Stud}~') to assess potential environmental impacts of the development of the
ExpansionProject; and
WHEREAS, the Initial Study indicates that all potentially significant adverse
environmental impacts that may result from implementation of the Expansion Project can be
mitigated to a level of insignificance, pursuant to a Mitigation Monitoring Program ("MMP"),
and a Mitigated Negative Declazation ("MND") has been prepazed; and
WHEREAS, the MND was prepared pursuant to the requirements of CEQA, the State
CEQA Guidelines and the Agency's Local CEQA Guidelines; and
WHEREAS, the Agency made the MND and MMP available to the puUlic and to all
interested agencies for review and comment by: (i) publishing notice of its intent to adopt the
MND ("Notice of Intent to Adopt") in the Arcadia Weekly, a newspaper of general circulation,
on November 11, November 18, November 25, and December 2, 2004; (ii) posting a copy of the
Notice of Intent to Adopt on the public notice bulletin boazd at the Agency's office; and (iii)
submitting the Notice of Intent to Adopt to the Clerk of the Board of Supervisors of Los Angeles
County, Califomia, on November 4, 2004; and
WHEREAS, the Agency considered and responded to any and all comments received
from the public and interested agencies regarding the Initial Study, the MND and the MMP; and
WHEREAS, the Agency carefully reviewed and considered the Initial Study, the MND,
the MMP, all comments received and all other relevant information contained in the
administrative record regarding the Agency's consideration of the Agreement and the Expansion
Project; and
WHEREAS, CRL Section 33430 authorizes the Agency to sell real property it owns or
acquires for redevelopment purposes and the Agreement is consistent with the intent and purpose
of CRL Section 33430; and
WHEREAS, CRL Section 33431 requires the Agency to hold a duly noticed public
hearing before any potential sale of real property pursuant to CRL Section 33430, without public
bidding; and
WHEREAS, on December 7, 2004 the Agency held a duly noticed public hearing to
consider the approval of the Agreement; and
WHEREAS, pursuant to CRL Section 33433, the Agency has prepared a summary report
("Report") setting forth, among othei tlungs, the cost of the Agreement to the Agency, and the
Report is and has been on file with the Agency Assistant Secretary at the Agency's office and
available to the public for inspection since November 11, 2004, in accordance with CRL Section
33433; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE ARCADIA REDEVELOPMENT AGENCY OF THE CTTY
OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS
FOLLOWS:
SECTION i. The Agency finds and determines that all of the recitals set forth above are
true and correct.
SECTION 2. The Agency has reviewed and considered the information contained in the
Initial Study, the MND, the MIvIP, all comments received relating thereto and the administrative
record regazding the Agency's consideration of the Agreement. The Agency hereby finds and
determines that the MND and Initial Study contain a complete and accurate assessment of the
potentially significant adverse environmental impacts associated with the Agreement and the
Expansion Project. The Agency further fmds and deternnnes that the Initial Study, the MND and
the MMP have been completed in compliance with the requirements of CEQA, the State CEQA
Guidelines, and the Agency's Local CEQA Guidelines.
SECTION 3. Based on the Initial Study, the MND, the MMP and all written and oral
evidence presented to the Agency prior to or at the public hearing at which this Resolution is
adopted, the Agency hereby finds and determines that all potentially significant adverse
environmental impacts of the Agreement and the Expansion Project can be mitigated to a level of
insignificance pursuant to the mitigation measures outlined in the MND and the MMP. The
Agency further finds and determines that: (i) there is no substantial evidence in the
administrative record supporting a fair argument that either the Expansion Project or the
Agreement, as mitigated, may result in significant environmental impacts, and (ii) the IvIND
contains a complete, objective and accurate assessment of the potentially significant adverse
environmental impacts associated with the Agreement and the Expansion Project and reflects the
independent judgment and analysis of the Agency.
SECTION 4. The documents and materials that constitute the record of proceedings on .
which the findings in Sections 2 a~id 3 of this Resolution aze based are located at the Agency
office located at the Development Services Department, Arcadia City Hall, 240 West Huntington
Drive, Arcadia, Califomia 91007.
SECTION 5. Tl~e Agency approves and adopts the MND and the MMP relative to the
Agreement and the Expansion Project.
SECTION 6. The Agency finds that the sale of property pursuant to the terms of the
Agreement will assist in the elimination of blight within the Project Area, as set forth in the
Report.
SECTION 7. The Agency further finds that the sale of property pursuant to the
Agraement is consistent with the Implementa6on Plan adopted by the Agency regarding the
Redevelopment Plan pursuant to Health and Safety Code Section 33490.
3
• .
SECTION 8. The Agency further finds that the consideration to be paid by Paul P.
Rusnak to acquire the subject property from the Agency pursuant to the terms of the Agreement
is not less than the fair reuse value for the subject property at the use and with the covenants and
conditions and development costs authorized by the sale pursuant to the Agreement.
SECTION 9. The Agency approves the Agreement in the form submitted to the Agency
at the public hearing at which this Resolution is adopted and as on file with the Assistant
Secretary of the Agency.
SECTION 10. The Agency authorizes and directs the Executive Director of the Agency
to: (i) execute and deliver the Agreement, subject to such non-substantive modifications to the
Agreement as the Executive Director of the Agency deems necessary and appropriate and (ii) to
execute and deliver such other documents. and instnunents as may be reasonably necessary or
convenient to implement or cany out the Agency's obligations under the Agreement.
SECTION I1. The Agency authorizes and directs Agency staff to file a Notice of
Determination regarding the approval of the Agreement in this Resolution with the Clerk of the
Boazd of Supervisors of Los Angeles County, Califomia, within five (5) days of the date of
adoption of this Resolution.
SECTION 12. This Resolution shall take effect immediately upon its adoption.
Passed, approved and adopted this 4th day of ,Tanuary , 2045.
/S/ ~ARY A. !(OVACIC
Chairperson
Arcadia Redevelopment Agency
ATTEST:
ISI J~- E . ~~R
Secretary
Arcadia Redevelopment Agency
APPROVED AS TO FORM
C~L~. ~. ~Cti~
Stephen P. Deitsch
Agency Counsel
4
~ -v . ~
STATE OF CALIFO1tNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, Secretary of the Arcadia Redevelopment Agency of
the City of Arcadia, hereby certifies that the foregoing Resolurion No. ARA-212 was
passed and adopted by the Arcadia Redevelopment Agency of the City of Arcadia,
signed by the Chairperson and attested to by the Secretary at a regular meeting of said
Agency held on the 4th day of January, 2005 and that said Agency Resolurion was
adopted by the following vote, to wit:
AYES: Agency Members Chandler, Marshall, Segal, Wuo andKovacic
NOES: None
ABSENT: None
~Si ~A ES H. ~~RR~~S
Secretary of the Arcadia
Redevelopment Agency
5
~=
"l:' . . _ ~ ..w>. .
RESOLUTION NO. 6452
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, MAICING CERTAIN FINDINGS
PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE
SECTION 33433 IN CONNECTION WTTH AND APPROVING
THE SALE OF PROPERTY PURSUANT TO A LAND
ASSEMBLY AND DEVELOPMENT AGREEMENT AMONG
THE ARCADIA REDEVELOPMENT AGENCY, PAUL P.
RUSNAK ,AND RUSNAK/ARCADIA
WHEREAS, the City Council of the City of Arcadia ("City") approved and adopted a
redevelopment plan ("Redevelopment Plan") for the redevelopment project area lrnown as the
"Central Redevelopment Project" ("Project Area"), on December 26, 1973, by Ordinance
Number 1490, as last amended on October 7, 2003, by Ordinance Number 2181; and
WF3EREAS, the Arcadia Redevelopment Agency ("Agency") is engaged in activities to
execute and implement the Redevelopment Plan for the Project Area pursuant to the provisions
of Califomia Community Redevelopment Law (Health and Safety Code Section 33000 et seg.)
(°CRL°)> and
WHEREAS, Paul P. Rusnak, as trustee of the Paul P. Rusnak Family Trust, dated
November 18, 1988 ("Owner"), and Rusnak/Arcadia, a California corporatiom("Operator"), own
and operate a new and used•automobile dealership and automobile service center located at 55
West Huntington Drive in the Project Area ("Dealership"); and
WIIEREAS, the Owner and the Operator desire to acquire and develop five (5) parcels of
property located within the Project Area in proximity to the existing Dealership ('Bxpansion
Site") in order to expand die existing Dealership facili6es and services ("Expansion ProjecY');
and
WHEREAS, the Agency, the Owner and the Operator have negotiated the terms of a
proposed 2004 Land Assembly and Development Agreement ("Agreement") that provides,
among other things: (i) that the Agency will use its reasonable best efforts to acquire the
Expansion Site and convey the Expansion Site to the Owner, and (ii) that the Owner will acquire
the Expansion Site from the Agency and develop the Expansion Project on the Expansion Site
pursuant to the terms and condirions of the Agreement; and
WHEREAS, the Agency has presented the Agreement to the City Council for
consideration pursuant to Health and Safety Code Section 33433; and
WHEREAS, a copy of the Agreement is and has been on file with the Agency Assistant
Secretary, at the Agency's office, and available to the public for inspection since November 11,
2004; and
1 LASER IMAGED
K~
WHEREAS, Health and Safety Code Section 33433 requires that the City Council first
approve any sale of properiy by the Agency, where the property was or is to be acquired, directly
or indirectly, with t~ increment monies; and
WHEREAS, pursuant to CRL Section 33433, Agency has prepared a suxnmary report
("Report") summarizing, among other things, the cost of the Agreement to Agency, the estimated
value of the interest to be conveyed, and an explanation of how the acquisition and conveyance
of the Expansion Site will assist in the elimination of blight within the Project Area and
including a copy of the Agreement; and
WHEREAS, the Report is and has been on file with the Agency Assistant Secretary at the
Agency's office and available to the public for inspection since November 11, 2004, in
accordance with CRL Section 33433; and
WHEREAS, pursuant to CRL Section 33433, the City Council held a duly noticed joint
public hearing with the Agency, on December 7, 2004, to consider the proposed Agreenient; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, THE CITY COUNCII, OF THE CITY OF ARCADIA,
CALIFORIVIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The City Council finds that the recitals set forth above aze true and correct.
SECTION 2. Prior to the public hearing following which this Resolution was adopted,
the City Council received and reviewed the Initial Study, the Mitigated Negative Declaration
("MIv'D") and Mitigation Monitoring Prograzn (°MMP") prepared by the Agency regazding the
Agreement and Expansion Proj ect contemplated under the Agreement.
SECTION 3. The City Council finds and detertnines that the Initial 5tudy, MND and
MMP were all prepared pursuant to the requirements of CEQA, the State CEQA Guidelines and
the Agency's I.ocal CEQA Guidelines.
SECTION 4. The City further finds and determines that it is a"responsible agency"
under CEQA, puxsuant to Public Resources Code Section 21069 and Title 14 California Code of
Regulations Secfion 15381.
SECTION 5. The City further finds and determines that there are no significant
environmental effects or any differences in the severity of environniental effects associated with
the Agreement or the Expansion Project contemplated under the Agreement from those assessed
in the MND that would require additional environmental review; pursuant to California Public
Resources Code Section 21060 or Title 14 California Code of Regulations Sections 15162 or
15163.
2
SECTION 6. In accordance with Public Resources Code Section 21069 and Title 14
California Code of Regulations Section 15381, the City independently reviewed the Inirial Study,
MND and MIvvIP prepared by the Agency. The City hereby finds that the Initial Study and MND
adequately describe the Expansion Project contemplated under the Agreement and assess a1T of
the potential significant environmental effects or impacts of the Expansion Project.
SECTTON 7. The City Council authorizes and directs the City Clerk to file a Notice of
Determination regazding the approval of the Agreement in tlus Resolufion with the Clerk of the
Boazd of Supervisors of Los Angeles, County, California, within five (5) days of the date of
adoption of this Resolution.
SECTION S. The City Council finds and determines that the Agreement will assist in
the elimination of one or more blighting conditions within the Project Area, as set forth in the
Report.
SECTION 9. The City Council fmds and determines that the Agreement is consistent
witH the implementation plan adopted for the Redevelopment Plan pursuant to CRL Section
33490.
SECTION 10. The City Council finds and detemunes that the consideration to be paid
by Paul P. Rusnak to the Agency for the purchase of the subject property pursuant to the terms of
the Agreement is not less than the fair reuse value of the subject proper[y at the use and with the
covenants and conditions and development costs authorized hy the sale pursuant to the temis of
the Agreement.
SECTION 11. The City Council approves the Agreement and the Agency's entry into the
Agreement.
SECTION 12. This Resolution shall take effect nnmediately upon its adoption.
Passed, approved and adopted this 4th day of January ,.'PQOS.
9S/ GARY ~ KOV~CIC
Mayor of the City of Arcadia
ATTEST:
/S/ JAMES m ~ RO~NS
City Clerk
APPROVED AS TO FORM
~~~ p ~~~
Stephen P. Deitsch
CiYy Attomey
STATE OF CALIFORNIA )
COUNTY OF LO5 ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies
that the foregoing Resolution No. 6452 was passed and adopted by the City Council of
the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 4th day of January, 2005 and that said Resolution
was adopted by the following vote, to wit:
AYES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic
NOES: None
ABSENT: None
ISl JA ES C~. ~~RRO~S
City Clerk of the City of Arcadia
4
jJ l ~
. J*c~8poaea'efl~,eo9 STAFF REPORT
Public Works Services Department
January 4, 2005
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Dire or
Prepared by: Gary F. Lewis, General Services Ma ager
Ken Herman, Associate Civil Engineer
SUBJECT: Award - Construction of the Santa Anita Reservoir No. 4
Recommendation: Reject the low bid submitted by SojitrJTurboflo
Engineers, LP, JV, authorize the City Manager to enter into a contract with
SEMA Construction for the construcfion of the Santa Anita Reservoir No. 4
in the amourrt of $5,255,555.55 and aufhorize an additional appropriation
of $250,000 to be addsd to the project budget.
SUMMARY
The 2003-04 Capital Improvement Program provides for the construction of a new 3.5
million gailon reservoir fo replace two (2) one million gallon reservoirs. The Ciry has
received $5,126,049 grant funding for the period of 2000-2004 from the U.S.
Environmentat Protection Agency (USEPA) for water system improvements for seismic
reliability. This year, the City is eligible to receive $2,010,740 in federal funds toward
this particular project.
On IVovember 23, 2004, sealed bids were opened for the Construction of the Santa
Mita Reservoir No.4, Project No.6272083. Seven (7) bids were received. Statf has
reviewed the {owest bid, which was submitted by SojitrJTurboflo Engineers, LP, JV, and
has considered that bid non-responsive due ta the distribution of costs. Staff has
reviewed the second lowest bid, which was submitted by SEMA Construction, and has
found that bid to be satisfac;tory. Therefare, stafF recommends that a contraet in the
amount of $5,255,555.55 be awarded to SEMA Construction for this project.
DISCUSSION
The replacement of Reservoirs No. 1 and 2 with Reservoir Na. 4 is the third phase of an
overall program ot facility improvements at this site. Phase 1 was completed in 2003
and involved upgrading the Santa Anita Booster Pump Station. Phase 2 was recently
completed the seismic rehabilitation of Santa Anifa Reservoir No. 3. Phase 3 invofves
the construction of a new reservoir with a capacity of approximately 3.5 mi~lion gallons
(MG), replacing the two existing 1.0 MG reservoirs at this facility. The size of the new
reservoir and the ability to maximize the full storage capacity of the site was limited by
the geography of the proQerty and is govemed by its cfose proximity to the Sierra Madre
earthquake fault.
LASER l~AGED
~ ~'
u~
Mayor and City Council
January 4, 2005
Page 2
On February 11, 2004 bids were received for the construction of Reservoir No.4 but all
had exceeded the approved budget. On March 16, 2~4 the City Council rejected the
bids and instructed staff to reduce the scope of the project in an attempt to bring Ehe
cost within budget limits.
The reservoir was re-designed to allow bidders more cost effective options for shoring
and for the pricing of reinforcing steel, in addition to simplifying the piping alignment to
the reservoir. The re-designed reservoir will have a capacity of approximately 3_5 MG,
which will still provide an adequate supply to the water distribution system.
Notices Inviting Bids for this project were published in the adjudicated paper and trade
journals. Eleven (11) Class A Engineering construction firms attended .the mandatory
pre-bid conference with seven (7} firms submitting bids. As advertised, the City Clerk
publicfy opened the sealed bids oR November 23, 2004 with the fotlowfng results:
RANK F1RAA
4 Sojitz / Turboflo Engineers, LP, JV,
Pasadena, CA
2 SEMA Construction, Lake Forest, CA
3 Gri~th Company, Santa Fe Springs, CA
4 Schuler Engineering Corp., Corona, CA
5 Pacific Hydrotech Corp., Perris, CA
6 SSC Construction, Inc., Corona, CA
7 WM Klorman, EI fUlonte, CA
PRICE
$ 5,019,000.00
$ 5,255,555.55
$ 5,471,227.00
$ 5,475,214.00
$ 5,526,900.00
$ 5,743,320.00
$ 5,973,720.00
Following the opening of sealed bids, and within the time allowed by the bid docucnents,
SEMA Construction fited a Bid Protest against the low bidder. They cited, in their
opinion, a lack of experience on behalf of SojitzlTurboflo Engineers and an imbalanced
distribution of costs in the Bid Schedule submitted by SojitrJTurboflo Engineers. SEMA
Construction specifically pointed to SojitzlTurboflo Engineers 10%+ bid for cost of
mobilization which exceeds the limit of 6%o specifed in the bid documents.
Staff has reviewed the bid iriformation submitted by SojitrJTurboflo Engineers and has
co~rmed that the total lump sum price for mobilization submitted by Sojitz/Turboflo
Engineers exceeds the limit established in the bid documents. Part D(Technical
Specifications) of the bid documents specify that the total lump sum priee for
mobilization shall not exceed 6% of the total bid schedule price. The purpose of this limit
is to maintain a balanced distribution of profit and oyerhead throughout the project, and
to avoid payment to the Contractor ahead of actual work performed. The amount for
mobilization submitted by SojitrJTurboflo Engineers was slightly over 10% of the total
bid schedule price, which exceeds the established Iimit.
Mayor and City Council
January 4, 2005
Page 3
Staff has conferred with the City Attomey on this bid informality. The City Aftorney
concurs with staff that the bid submitted by SojitzJTurboflo Engineers be considered
non-responsive. The low bid subrnitted by Sojitz(Curboflo Engineers gives them an
unfair advantage over the ofher bidders, in tfiat foilowing their bid submittal, they could
later choose to withdraw their own bid based on this error in mobilization costs, or stay
the course and erifer into a confractual agreement wifh the City. In essence, it gives
them the opportunity and urrEaic advantage of comparing their bid with other bidders and
then the opportunity to decide whether to withdraw their bid or nat. The four percent
(4°~) above the not to exceed 6°~ calculates to $200,740, giving their company
additional up fronf money before actual construction begins.
Therefore,_in accordance with the lnstructions To Bidders-from the-bid documents, staff
recommends thaf the bid submitfed by SojibJTurbaflo Engineers be considered nQn-
responsive.
Staff has reviewed the bid documants submitted by the second lowr bfdder, SEMA
Construction, for content and investigatecf the contractors' background and recent
projects for competency. Staff has concluded that SEMA Construction is the lowest
responsive bidder to perForm the construction of this project. Staff recommends that the
City Council award a Contract in the amount of $5,255,555.55 to SEMA Construction for
construction of the Santa Anita Reservoir No.4 project.
Staff will make recommendation for the award of Construction Management and
Inspection and for Material Testing Services to be utilized during the construction of this
project, at the City CounaE meeting scheduled for January 18, 2005.
ENVIRONIVIENTAL IMPACT
The City Council adopted a Negative Declaration for this project on November 21, 2000,
pursuant to the provisions of the California Environmenfal Quality Act. Staff c~id not find
substantial evidence that fhis project wauld have a significant or potentialty significant
adverse e#fect on the environment. As a condition of the federal grant approval, the
USEPA also completed an Environmental Assessment under the I~ational
Environmental Poficy Act and did not find this project to have a significant env~ronmental
impact. Therefore, no further action is necessary for approval of entering into a
professional services agreement.
FISCAL IMPACT
Funds in the amount of $5,750,000 are budgeted in the 2003-2004 Capital Improvement
Program for construction, proje~t management and inspection. The distribution of funds
provides $5,000,000 towards Construction and $750,000 towards Inspection, Material
Testing and Contingencies. Therefore, staff requests additional funds in the amount of
Mayor and City Council
January 4, 2005
Page 4
$250,000 be appropriated to the project budget to support the construction portion of
this work. This project has qualified for federal reimbursement of $2,010,740 for project
related expenses from the United States Environmental Protection Agency (USEPA),
with the balance funded by fhe City.
RECOMMENDATION
1, Reject the bid submitted by Sojit7JTurboflo Engineers, LP, JV as non-
responsive.
2. Award a contract in the amount of $5,255,555.55 to SEMA Construction, for
the construction of the Santa Anita Reservoir No.4.
3. Authorize the City Manager and City Clerk to execute a contract in a form
approved by the City Attomey.
4. AppropriaEe an additional $250,000 to the Project Budget.
Approved by:
~ v~~
William R. Kelly, City Manager
PM:GL: KH:dw