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HomeMy WebLinkAboutAugust 17, 2004A G E N D A Arcadia City Council . and Redevelopment Agency Meeting August 17, 2004 6:00pm ,. Council Chambers Conference Room ROLL CALL: City Council/Agency Members: Chandler, Marshall, Segal, Wuo and Kovacic TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY. COUNGILIREDEYELOPMENTRGENCY (NON - PUBLIC HEARING/ FIVE- MINUTE TIME LIMT PER PERSON)'' 1. CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer about labor contract negotiations — California Teamsters Public, Professional and Medical'' Employees' Union Local 911 (Confidential, Supervisor, Professional and . General Employee Unit and ;Public Works Employee Unit), Arcadia Police. Officers' Association, Arcadia Firefighters` Association, and unrepresented:: . employees: Department Heads, Division Managers, Supervisors and part -time employees (City Negotiators William W. Floyd and Tracey Hause) b. Pursuant to Government Code Section 54956.9(c) to confer with legal counsel regarding potential litigation — one (1) case 7:00pm Council Chambers INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL: City Council /Agency Members: Chandler, Marshall, Segal, Wuo and Kovacic SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS MOTION: Read all Ordinances and Resolutions by title only and waive reading in full. Gary A. Kovacic, Mayor . John Wuo, Mayor Pro tempore . Roger Chandler, Gall A. Marshall, Mickey Segal, Council Members William arrows, City Clerk Manager LASED IMAGED 3P Sim Barrows, City Clerk 2. -2 PUBLIC HEARING — CITY COUNCIL All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed Item of consfderation. You are hereby advised that should you deP ra to legally challenge any action taken by the City Council with respect to the proposed Item, ,ypu mey be limited to ralsirig. only those issues and objections which you or someone else raised at or pi•fo'r to the time of the Public Hearing. a. Re blutlort'NO. t14ZW 0TRIVII r u cut araiu o ice+.. «•. ... . Management Plan Recommendation: Adopt TIME RESERVED FOR THOSE IN THE AUDIENC& WHO WISH TO ADDRESS THE CITY. COUNCIUREOEWELbPMEN''T �AO'ENCY (NdN- PUBLIC HEAR1NG1F1VE- MINUTE TIME LIMT PER PERSON) 3. MATTERS 'FROWELE&F -D OFFICIALS City Council Reports / Announcements /Statements /Future Agenda Items 4. CONSENT — REDEVELOPMENT AGENCY a. Minutes of the August 3 2004jkglArmeeting Recommendation: Approve CONSENT -CITY COUNCIL b. Minutes of the Avaust 3 2004 regular meeting Recommendation: Approve c. a e. f. Recommendation: City Council Consent Continued g. 1 Resolution Nm6440. c volunteers, w i�ep �, a �d�tion: Adopt - h. 5. -3- i. Purchase of five (5) 2005 black and white patrol cars Reconamendbfigp;; Approve ttIp pp�phase Of five (5) 200$ black and white patrol cars in;the• amount of $137,096.56 frorrt,i?ovntowrn�Ford Sales: j. City Signaae and Banner Program Phase 1 Recommendation: Authorize the City Manager to enter,into a Contract with TDS Engineering in the amount of $175,037.00 k. Emergency purchase order to General Pumo Company, Inc. Recommendation: Ratify arrsmerg$ncy purchasaord6tin the amountof $49,534.14 to General Pump Company, Inc. for the replacement of a new pump and motor asserr,�bly -at Orange Grove No. .,5 Walk CITY MANAGER a. Ordinance No. 2200 amending Section 2710 of the Arcadia Municipal Code to Recommendation: Introduce ADJOURN the City Council and. Redevelopmerit Agency to August 31, 2QQ4..at;6:00pm in the Communi' *6cim at the Arcadia police, pep "artment(Station (250 West•Huntington Drive) for a meeting with the Arcadia Board of Education ANNOTATED COUNCIL AGENDA — CITY OF ARCADIA TUESDAY, AUGUST 17, 2004 ITEM NO. DESCRIPTION ACTION 1. a. CLOSED SESSION Pursuant to Government Code 54957.6 to confer about labor contract No reportable action negotiations — California Teamsters Public, Professional and Medical Employees' Union Local 911 (Confidential, Supervisor, Professional and General Employee Unit and Public Works Employee Unit), Arcadia Police Officers' Association, Arcadia Firefighters' Association, management and unrepresented employees; Department Heads, Division Managers, Supervisors and Part-Time Employees (City Negotiators: William W. Floyd and Tracey Hause). Lb. Pursuant to Government Code Section 54956.9c to confer with legal counsel No reportable action regarding potential litigation — one (1) case. 2.a. PUBLIC HEARING — CITY COUNCIL: Adopt Resolution No. 6429 finding the City of Arcadia, California to be in Adopted conformance with the Congestion Management Program (CMP) and adopting the 5 -0 CMP local development report, in accordance with California Government Code Section 65089 4.a. CONSENT AGENDA ( ARCADIA REDEVELOPMENT AGENCY): Request for approval of the minutes of the August 3, 2004 Regular Meeting Approved 5 -0 CONSENT AGENDA (COUNCIL]: 4. b. Request for approval of the minutes of the August 3, 2004 Regular Meeting Approved 5 -0 4. c. Introduce an Ordinance of the City Council of the City of Arcadia amending Introduced ORD. 2198 Section 6434.2(a) of the Arcadia Municipal Code concerning solid waste 5 -0 collection at Santa Anita Race Track. 4. d. Adopt an Ordinance of the City Council of the City of Arcadia, California, Adopted ORD. 2199 amending the Arcadia Municipal Code by adding Section 3213.4.1 to the 5 -0 Uniform Traffic Ordinance. 4. e. Introduce an Ordinance of the City of Arcadia, County of Los Angeles, State of Introduced ORD. 2195 California, amending Article IV, Chapter 2; Divisions 1 through 3 of the Arcadia 5 -0 Municipal Code concerning gambling. 4.f Adopt a Resolution of the City Council of the City of Arcadia, California, fixing Adopted RES. 6430 the amount of revenue required to be raised from property taxes necessary for 5 -0 fiscal year 2004 -2005 to pay the debt service on the General Obligation bonds and the authorized maintenance and operating costs of the City Lighting Districts. 4.g. Adopt a Resolution of the City Council of the City of Arcadia, California, Adopted RES. 6440 providing Workers' Compensation coverage for City volunteers. 5 0 Page 1 of 2 LASER IMAGED 4.h. Authorize the City Manager to enter into a contract with Silvia Construction, Inc. Authorized CONTRACT in the amount of $337,054.56 for the 2003/2004 and 2004/2005 Annual Asphalt 5 -0 Concrete Overlay and Reconstruction Project. 4.1. Approve the purchase of five (5) 2005 black and white patrol cars in the amount Approved PURCHASE of $137,096.56 from Downtown Ford Sales and waive the formal bidding process 5 -0 and authorize a cooperative purchase using the State of California's General Services Depa rtment bid. 4.j. Overrule the bid protest and authorize the City Manager to enter into a Approved CONTRACT contract with TDS Engineering in the amount of $175,037 for the City Signage 5 -0 and Banner Program Phase I to include the purchase and installation of sign poles. 4.k. Valve the formal bid process in accordance with Section 2846.1(a) of the Approved PURCHASE rcadia Municipal Code (AMC) and ratify the issuance of a Purchase Order 5 -0 greement in the amount of $49,534.14 to General Pump Company, Inc. to nstall a new pump and motor assembly at Orange Grove No. 5 Well. 5.a. CITY MANAGER: ORD. 2200 Introduce an Ordinance of the City Council of the City of Arcadia, California,' Introduced amending Section 2710 of the Arcadia Municipal Code to establish the design of 5 -0 the seal of the City of Arcadia. Page 2 of 2 CITY COUNCIL OF THE CITY OF ARCADIA.and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING 46:0131 TUESDAY, AUGUST 17, 2004 MINUTES. Audio and video tape copies of the City Council /Redevelopment Agency proceedings are on file in the office of the City Clerk The City Council and Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, August 17, 2004, 6:00 p.m. in.the Council Chamber Conference Room pursuant to the previously adjourned Regular Meeting. ROLL CALL PRESENT: Council /Agency Members Chandler, Marshall, Segal, Wuo and Kovacic ABSENT: None. RJBLICO:)MMENT TIME RESERVED FOR AUDIENCE PARTICIPATION L; CLOSED SESSION a. Pursuant to Government Code 54957.6 to confer about labor contract negotiations — LABOR NEGOTIATIONS California Teamsters Public, 'Professional and Medical Employees' Union Local 911 (Confidential, Supervisor, Professional and General Employee Unit and Public Works Employee Unit), Arcadia Police Officers' Association, Arcadia Firefighters' Association, management and unrepresented employees; Department Heads, Division Managers, Supervisors and Part -Time Employees (City Negotiators: William W. Floyd and Tracey Hause)., b Pursuant to Government Code Section 54956,9c to confer with legal counsel regarding potential litigation — one (1) case. RECONVENE The Regular Meeting of the City Council and Arcadia, Redevelopment Agency was REGULAR MEETING reconvened in the City Council Chamber at 7:03 p.ni. INVOCATION Reverend Jolene Cadenbach, Arcadia Congregational Church PLEDGE OF Puyak Duberi, Boy Scout Troop 266 ALLEGIANCE ROLL CALL PRESENT: Council /Agency Members Chandler, Marshall, Segal, Wuo and Kovacic ABSENT: None. REPORT FROM CLOSED SESSION Steve Deltsch, City Attorney, Noted no reportable action from Closed Session. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Bill Kelly, City Manager, requested that the City Council remove item 4.j. from the Consent Calendar for separate discussion by the City Council. I LASER IMAGED 8/17/04 46:0132 MOTION- ORD. & =It was moved by Council Member3Marshall and seconded by Council Member Segal RES. READ BY TITLE then carried without objection that Ordinances and Resolutions be read by title only ONLY and that the reading in full be waived. 2. PUBLIC HEARING — CITY COUNCIL a. PUBLIC HEARING -Mr. Kelly, City Manager,, Don Penman, Assistant City Manager /Development Services STAFF REPORT Director, and Donna Butler, Community Development Administrator presented the facts (Congestion of the public hearing. Staff reported that each city in the State of California is required Management to submit annually a Local Implementation Report (LIR) and certify by resolution to the Program) local Congestion Management Agency that it is in compliance with the local Congestion Management Program (CMP); staff further noted that compliance with the CMP assures that local agencies are providing transportation improvements to offset the traffic congestion resulting from new. development; staff finally noted that the City of Arcadia is in full conformance with the CMP and requested that Council adopt a resolution finding the City of Arcadia to be In conformance with the CMP, adopt the CMP Local Implementation Report and direct the, City Clerk to transmit a fully executed copy of Resolution No. 6429 and the Local Implementation Report to the Los Angeles County Metropolitan Transportation Authority by September 1, 2004: PUBLIC COMMENT There was no public comment on this item. MOTION TO A motion was made without objection by Council Member Chandler and seconded by CLOSE PUBLIC Council Member Marshall to close the public hearing. HEARING . COUNCIL There was no Council deliberation on this item. DELIBERATION MOTION It was moved by Council Member Chandler and seconded by Council Member Marshall to adopt a resolution of the City Council of the City of Arcadia, California, finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP), adopting the CMP Local Development Report, in accordance with California Government Code Section 65089, and directing the City Clerk to transmit a fully executed copy of Resolution No. 6429 and the Local Implementation Report to the Los Angeles County Metropolitan Authority by September l,'2004, ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo, Kovacic NOES: TIME RESERVED FOR AUDIENCE PARTICIPATION Joseph Salk appeared to speak about the, improper display, of. the POW /MIA flag in Arcadia. In response to requests from Council Members, staff will work with local legislators to determine the appropriate display of the POW /MIA flags. Linda Jen, appeared to speak regarding an exercise class that is regularly conducted in the County Park; she invited all members of the public and City Council to attend this form of exercise expression. Xen Chu, appeared to speak regarding the exercise class held in the County Park, as well as provide information, about human rights abuse in China. r a - „• t 2 8/17/04 46:0133 3. MATTERS FROM ELECTED OFFICIALS COUNCIL MEMBER Council Member Chandler had no comments. CHANDLER COUNCIL MEMBER Council Member Wuo thanked the staff and volunteers who made the Lucky Baldwin WUO Treasure Trail and Wild West Jamboree a wonderful event; he congratulated the City of Arcadia on its 101 birthday; and acknowledged his 30th wedding anniversary. COUNCIL MEMBER Council Member Marshall noted that several members of the Senior Citizens' MARSHALL Commission would like to see their Council liaison attend their meetings at least once per quarter; her quote for the week was as follows, "Come work for the Lord. The work is hard, the hours long and the pay is law. Butthe retirement benefits are out of this world." COUNCIL MEMBER Council Member Segal noted that the Arcadia Educational Foundation will be hosting a SEGAL fundraiser event at the new movie theatre at the Westfield Mall on September 30th; he offered congratulations to John Wuo for celebrating 30 years of marriage; and finally wished his wife a happy 26th anniversary and his daughter a happy 22 "t birthday. MAYOR Mayor Kovacic thanked staff and volunteers for their participation in the Lucky Baldwin KOVACIC Treasure Trail and Wild West Jamboree; he noted that the City of Arcadia, Florida was badly damaged by Hurricane Charlie and any donations could be sent via the Arcadia City Hall; and finally, wished his wife a happy 30th anniversary. CITY CLERK City Clerk Barrows noted the winners of the Lucky Baldwin Treasure Trail; he thanked BARROWS those who participated in the "End of Summer" program at Eisenhower Park; he thanked all of the City staff who make the City programs so enjoyable for members of the public; and finally he wished his wife a happy 34th wedding anniversary. 4. CONSENT AGENDA — REDEVELOPMENT AGENCY The Consent Agenda items were read as follows by the Executive Director: a. MINUTES Request for approval of the minutes of the August 3, 2004 Regular Meeting. (Redev. Agency) MOTION - CONSENT It was moved by Agency Member Marshall and seconded by'Agency Member Segal, AGENDA then carried on roll call vote to approve item 4.a. on the Arcadia Redevelopment Agency consent calendar. ROLL CALL' AYES: Agency Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None CONSENT AGENDA — CITY COUNCIL The Consent Agenda items were read as follows by the City Manager: b. MINUTES Request for approval of the minutes of the August 3, 2004 Regular Meeting. (City Council) c. ORDINANCE No. Introduce an Ordinance of the City Council of the City of Arcadia amending Section 2198 6434.2(a) of the Arcadia Municipal Code concerning solid waste collection at Santa Anita Race Track. 8(17104 46:0134 d. ORDINANCE No. Adopt an Ordinance of the City Council of the City of Arcadia, California, amending the 2199 Arcadia Municipal Code by adding Section 3213.4.1 to the Uniform Traffic Ordinance. e. ORDINANCE No. Adopt an Ordinance of the City Council of the City of Arcadia, County of Los Angeles, 2195 State of California, amending Article IV, Chapter 2, Divisions 1 through 3 of the Arcadia Municipal Code;conceming gambling. f. RESOLUTION No. Adopt a Resolution of the City Council of the City of Arcadia, California, fixing the 6430 amount of revenue required to be raised from property taxes necessary for Fiscal Year 2004 -2005 to pay the debt service on the General- Obligation bonds and the authorized maintenance and operating costs of the City Lighting Districts. g. RESOLUTION No. Adopt a Resolution of the City Council of the City of Arcadia, California, providing 6440 Workers' Compensation coverage for City volunteers. h. CONTRACT Authorize the City Manager to enter into a contract with Silvia Construction, Inc. in the amount of $337,054.56 for the 2003/2004 and 200412005 Annual Asphalt Concrete Overlay and Reconstruction Project. L PURCHASE AND Approve the purchase of five (5) 2005 black and white patrol cars in the amount of WAIVE BID PROCESS $137,096.56 from Downtown Ford Sales and waive the formal bidding process and authorize a cooperative purchase using the State of California's General Services Department bid. j. CONTRACT Authorize the City Manager to enter into a contract with TDS Engineering in the amount'of $175,037 for the City Signage and Banner Program Phase I to include the purchase and installation of sign poles. k. WAIVE BID Waive the formal bid process in accordance with Section 2846.1(a) of the Arcadia PROCESS AND Municipal Code (AMC) and ratify the issuance of a Purchase Order Agreement in the RATIFY PURCHASE amount of $49,534.14 to General Pump Company, Inc. to install a new pump and ORDER motor assembly at Orange Grove No. 5 Well. MOTION - CONSENT It was moved by Council Member Marshall and seconded by Council Member Segal, AGENDA then carried on roll call vote to approve items 4. b through 4. k., with the exception of items 4. e. and 4. J. on the City Council consent calendar. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None CONSIDERATION OF Council Member Wuo requested that item 4. e. in regard to the introduction of an CONSENT ITEM 4. e. Ordinance; amending Article IV, Chapter 2, Divisions 1 through 3 of the Arcadia Municipal Code concerning gambling be considered separately from the consent calendar. In response to a question from Council Member Wuo, Steve Deitsch, City Attorney, noted that the language of the existing Ordinance is outdated and is not in accordance with the California Penal Code; he further noted that the proposed Ordinance changes would bring the Arcadia Municipal Code into compliance. MOTION - CONSENT It was moved by Council Member Marshall and seconded by Council Member Segal, AGENDA then carried on roll call vote to introduce an Ordinance of the City Council of the City of Arcadia, County of Los Angeles, State of California, amending Article IV, Chapter 2, Divisions 1 through 3 of the Arcadia Municipal Code concerning gambling. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic 4 8/17/04 ROLL CALL S. AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None CITY MANAGER 46:0135 a. ORDINANCE No. Mr. Kelly and Linda Garcia, Special Projects, Communications and Marketing Manager, 2200 reported that based on the City Council discussion on July 1, 2004, staff is presenting proposals for an updated version of the City Seal; the design of the City Seal is set forth in the Arcadia Municipal Code and any change must be made via an approved Ordinance. Ms. Garcia further noted that items requiring the City Seal, such as letterhead, will be purchased on an as- needed basis. MOTION It was moved by Council Member Segal and seconded by Council Member Wuo then carried on roll call vote to introduce an Ordinance of the City Council of the City of Arcadia, California, amending Section 2710 of the Arcadia Municipal Code to establish the design of the Seal of the City of Arcadia. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None CONSIDERATION Mr. Kelly requested that this item be considered separately from the consent calendar; OF ITEM 4. J. he noted that there was a bid protest by National Electrical, however, he is recommending that the City Council overrule the bid protest and award the contract to TDS Engineering. MOTION It was moved by Council Member Segal and seconded by Council - Member Marshall then carried on roll call vote to authorize the City Manager to enter into a contract with TDS Engineering in the amount of $175,037 for the City Signage and Banner Program Phase I to include the purchase and installation of sign poles. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ADJOURNMENT Noting no additional business, at 8:30 p.m. the City Council /Redevelopment Agency (to August 31, 2004, adjourned its Regular Meeting to August 31, 2004 at 6:00 p.m. in the community Room 6:00 p.m.) at the Arcadia Police Department/Station for a Special Joint Meeting with the Arcadia Board of Education. by: James Barrows, City Clerk Vida Tolman /Chief Deputy City Clerk 8/17/04 August 17, 2004 STAFF REPORT Development Services Department TO: Mayor and City Council (,� FROM: Don Penman, Assistant City Manager /Development Services D' �ot" By: Donna Butler, Community Development Administrator, Prepared By: Joseph Lambert, Associate Planner.IL, SUBJECT: Recommendation: Ham SUMMARY • Each city in the State of California is required to submit annually a Local Implementation . Report (LIR) and certify by resolution to the local Congestion Management Agency that it is in compliance with the local Congestion Management Program (CMP). For the City of Arcadia, the report and resolution are sent to the Los Angeles County Metropolitan Transportation Authority (MTA) as the Local Congestion Management ., Agency. The report is due each year by September 1st. Staff is recommending that the attached Resolution No. 6429 be adopted and sent to the MTA with the Local Implementation Report. BACKGROUND The Los Angeles County Metropolitan Transportation Authority (MTA) Congestion Management Program (CMP). was developed in response to the passage of Proposition 111 in 1990. Proposition 111 provided an increase in the State Gas Tax to fund regional transportation improvements ,(Streets and Highways Code, Section 2105) and included the CMP to monitor regional transportation conditions. Conformance with the CMP assures that local agencies are providing transportation improvements to offset the traffic congestion resulting from new development. if a city does not conform to the CMP, that city's share of the Gas Tax increase provided • by Proposition 111 may be withheld and allocated to the County to use on regional Reso. 6429 — CMP August 17, 2004 LASER IMAGED Page' J transportation projects. To assure conformance with the CMP, local agencies must • perform the following actions: 1. Implementation of a Transportation Demand Management (TDM) Ordinance (Ord. 1984) and a Land Use Analysis (LUA) Program (Reso. 5780). 2. Submit to the Local Congestion Management Agency, by September 1 st of each year, a. resolution finding that the City is in conformance with the CMP, and a Local Implementation Report (LIR) showing that the City is meeting its traffic congestion mitigation responsibilities. For the City of Arcadia, the resolution and LIR must be submitted to the MTA, and the LIR consists of a Deficiency Plan Status Summary; a New Development Activity Report; and transportation improvements credit claim forms, if applicable. ' The requirements of the TDM Ordinance (Ord. 1984) and the LUA Program (Reso. 5780) are being applied to relevant projects, and the attached Resolution No. 6429 and LIR show that the City of Arcadia is in conformance with the CMP. DISCUSSION Compliance Action No. 1 The City Council adopted a Transportation Demand Management (TDM) Ordinance • (Ord. 1984) and a Land Use Analysis (LUA) Program (Reso. 5780) in 1994. The TDM Ordinance is applied to new, non - residential developments of 25,000 or more gross square feet. The LUA Program is applied to any project that is subject to an Environmental Impact Report (FIR) under the California Environmental Quality Act (CEQA). Compliance Action No. 2 Annually, a resolution and Local Implementation Report (LIR) must be submitted to the MTA by September lstto show that the City is meeting its traffic congestion mitigation responsibilities. The CMP requires that cities mitigate traffic congestion resulting from new development. 'Historically, cities are required to track all new development activity and the CMP assesses debits and credits based on new developmentand demolition activity. In addition, cities may submit to the MTA a list of transportation projects that reduce local and /or regional traffic congestion for credits. This year, the only requirement for CMP compliance is to report on all new development activity using the LIR and adopt the self- certifying Resolution. The attached Resolution No. 6429 finds the City of Arcadia to be in conformance with the CMP and adopts the Local Implementation Report (LIR) in accordance with • Reso. 6429 — CMP r q! C . August 17, 2004 Page 2 • California Government Code Section 65089. For the current reporting period (June 1, 2003 to May 31, 2004) the LIR consists of the following: • Deficiency Plan Summary This form (Section_ 1, Page 1) summarizes the LIR and shows the City's development totals. Part 1: New Development Activity This form (Section 1, Page 2) shows the number of residential units built and other development activity based on building permits that were issued during the current reporting period. • Part 2: New Development Adjustments This form (Section 1, Page 3) shows the adjustments:to the new development debits based on demolition permits that were issued during the current reporting period. • Part 3: Exempted Development Activity • This form (Section 1, Page 4) shows that development which is exempt from being reported as "new development activity" such as low- income housing, and reconstruction of earthquake damaged buildings. ENVIRONMENTAL ANALYSIS Reporting on compliance with a local.congestion management program is not subject to the California Environmental Quality Act (CEQA). The development or adoption of transportation improvement programs is exempt by statute (CEQA Guidelines Section 15276). FISCAL IMPACT Nonconformance with the CMP could jeopardize Gas Tax funds. If the MTA determined that a city is not in conformance with the CMP, the State Controller is notified to withhold from that jurisdiction its annual allocation of the State Gas Tax increase enacted by Proposition 111 (Streets and Highways Code, Section 2105). If, after 12 months, a city still has not conformed to the CMP, the withheld Gas Tax funds will be allocated to the County. For the City of Arcadia, the amount that is currently subject to CMP conformance is approximately $335,000.00. The City of Arcadia, however, is in conformance with the CMP, so these funds are not in • jeopardy. Reso. 6429 — CMP August 17, 2004 Page 3 RECOMMENDATION • It is recommended that the City Council: A. Adopt Resolution No. 6429: A Resolution of the City Council of the City of Arcadia, California, finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Implementation Report (LIR) in accordance with California Government Code Section 65089; and, B. Direct the City Clerk to transmit a fully executed copy of.Resolution No. 6429 and the Local Implementation Report to the Los Angeles County Metropolitan Transportation Authority by September 1, 2004. Attachments: Resolution No. 6429 Local Implementation Report Approved: William R. Kelly, City Manager • • Reso. 6429 — CMP August f 7, 2004 Page 4 RESOLUTION NO. 6429 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FINDING THE CITY OF ARCADIA TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL GOVERNMENT CODE SECTION 65089. WHEREAS, CMP statute requires the Los Angeles County Metropolitan Transportation Authority ( "MTA "), acting as the Congestion Management Agency for Los Angeles County, to annually determine that the County and cities within the County are conforming to all CMP requirements; and WHEREAS, MTA requires submittal of the CMP Local Development Report by September 1 of each year; and WHEREAS, the City Council held a noticed public hearing on the 17th of August 2004, concerning the CMP and the LIR. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City of Arcadia has taken all of the following actions, and that the City is in conformance with all applicable requirements of the Draft 2004 CMP issued on January 9, 2004: The City has locally adopted and continues to implement a transportation demand management ordinance, consistent with the minimum requirements identified in the CMP Transportation Demand Management chapter. The City has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program chapter. The City has adopted a Local Development Report, attached hereto and made a part hereof, consistent with the requirements identified in the Draft 2004 CMP. This report balances traffic congestion impacts due to growth within the City [County] with transportation improvements, and demonstrates that the City is meeting its responsibilities under the Countywide Deficiency Plan consistent with the MTA Board adopted 2003 Short Range Transportation Plan. - 1 - LASER IMAGED 6429 oZA, 3e SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the Los Angeles County Metropolitan Transportation Authority. Passed, approved and adopted this 17th day of August 2004. ATTEST: /S / JAMES H. BARROWS City Clerk of the City of Arcadia APPROVED AS TO FORM: per- f'' � City Attorney of the City of Arcadia Mayor of the City of Arcadia -2- 6429 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 Resolution No. 6429 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 17th day of August, 2004 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 3 IS/ JAMES Ho SARR ®R�1S City Clerk of the City of Arcadia August 17, 2004 STAFF REPORT Public Works Services Department TO :. Mayor and City Council FROM: Pat Malloy, Public Works Services Director 1 Prepared by: Maria P. Aquino, Management Analyst SUBJECT: •The City of Arcadia's Municipal Code (AMC), Section 6434, Commercial Enterprise, Rubbish Collection, Hauling or Disposal,, states the provisions for the City's Commercial Refuse Fee and Santa Anita Race Track (SART) special Permit and Refuse Fee regulations. These fees partly fund the City's source reduction and recycling element of the City's 'Refuse and Recycling Program. An outside consultant, Hilton, Fern kopf and Hobson, LLC (HFH), recently conducted an audit of the City's permitted commercial waste haulers. One of the major findings is that the AMC language, Section 6434.2(a)(b), pertaining to the SART Permit and Refuse Fee and Commercial Refuse Fee is ambiguous. Staff conferred with the City Attorney who agreed with the recommendation to clarify the SART Permit and Refuse Fee language and solidify the intent of the AMC to exempt SART from paying additional commercial refuse fee payments. Staff recommends that the City Council introduce Ordinance 2198 amending Section 6434.2(a) of the Arcadia Municipal Code concerning the provision of Santa Anita Race Track Permit and Refuse Fee. DISCUSSION The City recently conducted its first commercial waste hauler audit to review and verify proper refuse fee payments to the City by the haulers for calendar years 2002 and 2003. One of the major findings was an inconsistency with respect to the SART fees. • Section 6434.2_(a)(b) of the AMC describes two types of refuse fees: LASER IMAGED * 3/, Mayor and City Council August 17, 2004 Page 2 a) SART Permit and Refuse fee — a special refuse and recycling fee designated. 'specifically to SART that is to be paid annually to the City. SART is therefore able to freely use any haulers for their commercial refuse service. b)' Commercial Refuse Fee — a fee for which each permitted commercial /industrial waste hauler is required to pay the City a nine and one -half percent (9.5 %) of any and all gross monthly receipts resulting from its business operation within the City. The revenue generated from these fees provides a, portion of the needed funds for the annual operation and maintenance costs of the City's source reduction and recycling element Program. During the audit, it was determined that one of the City's permitted haulers included SART disposal fees in its reported receipts to the City, which does not apply to SART. However, the Ordinance language relating to SART fees in Section 6434.2(a) appears ambiguous and conflicting.. For instance, the end of the second paragraph states, "The fee (SART fee) shall be in addition to any other fee or charge for solid waste collection authorized by this Code ". Section 6434.2(b) defines the Commercial Refuse Fee, which could be interpreted to be an additional fee. _ Since the Commercial Refuse Fee is another fee authorized by the AMC, one could conclude that SART is responsible for both the SART Permit, a Refuse Fee and the Commercial Refuse fee, which, according to the City Attomey's interpretation is not the intent of the AMC. To eliminate the conflicting and ambiguous language from the AMC relating to SART fees, the auditor highly recommended; that the last sentence of the second paragraph of Section 6434.2(a) should be deleted. This will provide` clarification on the real intent of the AMC, in which SART is to be exempted from the 9.5% commercial refuse permit . feed The City Attorney's concurs with this recommendation. Staff recommends that the City Council introduce Ordinance 2198 amending Section 6434.2(a) of the Arcadia Municipal Code concerning the provision of Santa Anita Race Track Permit and Refuse Fee. FISCAL IMPACT Amending the AMC language, Section 6434.2(a), concerning the provision on SART Permit and Refuse Fee will make the commercial refuse fee calculation methodology clear and ensures that the City is appropriately receiving appropriate fee payments from its waste haulers. t - e M "AJ • 11 Mayor and City Council August 17, 2004 • Page 3 RECOMMENDATION Introduce Ordinance No. 2198, "amending Article Vl, .Chapter 4, Part 3 of the Arcadia Municipal Code Relating to Commercial Rubbish Collection, Hauling or Disposal." PM:MA:dw Attachment: Ordinance No. 2198 n U Approved by: William R. Kelly, City Manager ORDINANCE NO. 2199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING SECTION 3213.4.1 TO THE UNIFORM TRAFFIC ODIN44N�F THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The Arcadia Municipal Code is hereby amended by adding Section 3213.4.1 to read as follows: "3213.4.1 SECTION 10.7 AMENDED. Section 10.7 of the Uniform Traffic Ordinance as adopted by Section 3211 is hereby amended to read as follows: 10.7 Washing or Polishing Vehicles. No person shall wash or cause to be washed, polish or cause to be polished any vehicle or any part thereof upon any public street, public park, public parking lot, or parking lot open to public use in the City, when a charge is made for such service." SECTION 2. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. This Ordinance shall take 1 LASER IMAGED 1�d 3 effect on the thirty-first (31") following its adoption. Passed, approved and adopted this 17th day of August 2004. ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: E!�9� P, (� Stephen P. Deitsch City Attorney 2 /$/ GARY L KOVACIC 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. 2199 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 17th day of August, 2004 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None 97 City Clerk of the City of Arcadia is 171 Date: August 17, 2004 TO: HONORABLE MAYOR AND CITY COUNCIL t FROM: STEPHEN P. DEITSCH, CITY ATTORNEY k� SUBJECT: ORDINANCE NO. 2195 AMENDING THE ARCADIA MUNICIPAL CODE RELATING TO GAMBLING BACKGROUND Article IV, Chapter 2, Divisions 1 through 3 of the Arcadia Municipal Code prohibit certain gambling activities within the City. A potential occupant of Westfield Shoppingtown, Dave and Buster's, has indicated that it proposes to install certain games as part of its operation which would be lawful under the State Penal Code, but which would run afoul of the City's current gaming ordinance. The City Attorney and City staff recommend that the City update the Municipal Code prohibitions to reflect the current State Penal Code provisions prohibiting gambling, and to permit games of skill. DISCUSSION The City may regulate gambling and gaming activities so long as the regulations are reasonable and do not conflict with the general provisions of State gambling laws. The California Penal Code, beginning with Section 319, sets forth the State's lottery and gambling laws. Generally speaking, the Penal Code and case law make a distinction between games of chance and skill. Games determined by chance are prohibited, whereas games determined by a player's skill are allowed. When a game contains elements of both chance and skill, courts look to the predominating factor (chance or skill) to determine if a game is permitted or prohibited. Currently, Arcadia's Municipal Code provisions concerning gambling are more restrictive than the State's Penal Code. This likely would inhibit a business such as Dave and Buster's from locating in Arcadia — indeed, Dave and Buster's have so indicated to City staff. The City's regulations on gambling and gaming activities prohibit certain games of skill that are otherwise lawful under the State statute. The City Attorney recommends adoption of the proposed Ordinance to conform with State regulations on gambling and in order for the City to permit gaming establishments based on skill to operate within the City. LASER IMAGED q e zr FISCAL IMPACT None. ENVIRONMENTAL IMPACT The proposed Ordinance is exempt from environmental review pursuant to State CEQA Guidelines Sections 15378(b)(2), (4) and (5) and Section 3.01 of the City of Arcadia Local Guidelines for Implementing CEQA because the Ordinance concerns government fiscal activities that do not involve any commitment to a specific project that may result in a potentially significant impact and is a continuing administrative activity. RECOMMENDATION It is recommended that the City Council introduce Ordinance No. 2195 entitled, "AN ORDINANCE OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE IV, CHAPTER 2, DIVISIONS 1 THROUGH 3 OF THE ARCADIA MUNICIPAL CODE CONCERNING GAMBLING." Attachment: Ordinance No. 2195 • CONCUR: William R. Kelly City Manager lJ P, 9 • STAFF REPORT Administrative Services Department DATE: August 17, 2004 TO: Mayor and City Council FROM: ` Tracey L. Hause, Administrative Services Dire ctor® Prepared by: Chris Ludlum, Senior Management Analyst SUBJECT: Resolution No. 6430 fixing the amount of revenue to be raised from property taxes for fiscal year 2004 -2005 to pay the debt service on the Recommendation: Adopty v • SUMMARY The City of Arcadia has utilized the Street Lighting Act of 1919 [Division 14 of the California Streets and Highways Code Section 18,000 et seq.] to establish lighting maintenance districts within the City. The current lighting districts consist of five (5) , districts (Exhibit "A "). These districts were formed to provide a source of revenue for the cost of power,' maintenance, and other capital improvements within, the respective districts. The City contributes up to 50% of the power and maintenance costs, with the remaining costs collected from a tax applied to land values. Additionally, in June of 2001, the City issued General Obligation Bonds for the construction of a Police facility. The debt service on the bonds is payable from a voter approved levy. Each year a Resolution is adopted fixing the amount of revenue required to be raised from property taxes to pay the debt service on the General .Obligation Bonds and the authorized maintenance and operating costs of the City's lighting districts. This information is the basis for establishing tax rates,- which are forwarded to Los Angeles County and applied to properties'in specific districts. A separate schedule (Exhibit °B ") • is attached to provide expanded detail of assessed, valuations, beginning balances, estimated expenditures, and the proposed tax rate for fiscal year 2004 -2005. LASER IMAGED Mayor and City Council August 17, 2004 Page 2 A special election was held on November 2, 1999, to consider a proposition to incur bonded indebtedness in the principal amount of $8;000,000 for the construction of a Police facility. More than two- thirds of the votes cast were in favor of the agreed indebtedness with the principal and interest payable from taxes levied upon taxable property within the City. This annual levy will provide for interest payments in the amount of $203,433 due on February 1, 2005 and August 1, 2005 and a principal payment of $140,000 due on August 1, 2005. Due to the most recent increase in total assessed valuations of 8 %within the City of Arcadia, the annual tax rate levied for the general obligation bonds has decreased from last year. A resident owning a home with an assessed valuation of $500,000 will realize an annual savings of approximately $3.72. The current annual levy is $41.52, while last year's levy was $45.24. FISCAL IMPACT The.rates established for fiscal year 2004 -2005 will recover the debt service payment on the general obligation bonds and the costs eligible for reimbursement within the established districts. RECOMMENDATION Adopt Resolution No. 6430,'a Resolution of the City Council, of. the City of Arcadia,, California fixing the amount of revenue to be raised from property taxes for fiscal year 2004 -2005 to:pay the debt service on the general obligation bonds and the authorized maintenance and operating costs of the lighting districts Attachments TLH:CL: 's rz ,•. 5 Mur�r.� Approved:j,�.n,,.,,,, {cft, ek William R. Kelly, City Manager • n U F_ I L Exhibit "B" GENERAL OBLIGATION BONDS Balance 2004 -05 Estimated LIGHTING DISTRICTS Available Assessed Balance 2004 -05 Estimated Estimated 7 -01 -04 Available Assessed Tax . Operating /Capital Tax Rates 7 -01 -04 Valuations Revenues (1) Expenditures (2) 2004-05(3) Zone A 4,394 207,348,608 36,000 40,000 .017362 Zone B 41,224 1,208,022,711 54,000 95,095 .004470 Zone C 10,744 277,397,234 72,000 82,795 .025955 Zone D 13,425 291,190,455 93,000 106,765 .031937 'Zone E 14,331 289,000,436 45,000 59,435 .015570 (1) An allowance for delinquent taxes is included, where appropriate, in tax rates to help' ensure districts maintain a positive balance. Where major capital costs are planned or have been completed, the proposed tax capitalizes 116 such costs over a fixed period of years. (3) For comparison, last year's rate were as follows: Zone A - .019504 B-.003969 C - .009856 D-.032660 E - .019203 GENERAL OBLIGATION BONDS Balance 2004 -05 Estimated % Available Assessed Tax Tax Rates 7 -01 -04 Valuations Revenues Debt Service 2004 -2005 (42,000) 7,091,718,871 589,000 546,866 .008305 • CITY OF ARCADIA • STREET LIGHTING MAP ZONE A ]—EDISON ZONE B LS-1 ZONE C MMMM ZONED ]—EDISON ZONE E MOM= LS-2 EXHIBIT "All llo� RESOLUTION NO. 6430 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FIXING THE AMOUNT OF REVENUE REQUIRED TO BE RAISED FROM PROPERTY TAXES NESESSARY FOR FISCAL YEAR 2004 -2005 TO PAY THE DEBT SERVICE ON THE GENERAL OBLIGATION BONDS AND THE AUTHORIZED MAINTENANCE AND OPERATING COSTS OF THE CITY LIGHTING DISTRICTS THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the following is the amount of revenue necessary during the fiscal year 2004 -2005 to pay the authorized maintenance, operating, and capital improvement costs of the specified Arcadia Consolidated Lighting Districts: District A $36,000 District B $54,000 District C $72,000 District D $93,000 District E $45,000 SECTION 2. That the above lighting maintenance districts illuminate rights of way and therefore benefit streets. SECTION 3. That the following is the amount of revenue necessary during fiscal year 2004 -2005 to pay the authorized debt service on the Series A, 2001 Annual Obligation Bonds: $592,66.6. LASER IMAGED q�. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 17thday of August , 2004. ATTEST: IS/ JAMES H. SARROWS City Clerk of the City of Arcadia APPROVED AS TO FORM: 6 Stephen P. Deitsch City Attorney Mayor of the City of Arcadia -2- 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 Resolution No. 6430 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 17th day of August, 2004 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic NOES: None 3 At DAMES H. BARROWS City Clerk of the City of Arcadia 0 RP °a•TS9 ° STAFF REPORT Administrative Services Department Date: August 17, 2004 To: Mayor and City Council From: Tracey L. Hause, Administrative Services Directol SUBJECT: Resolution No. 6440 providing workers' compensation coverage for city volunteers Recommendation: Adopt SUMMARY The City of Arcadia is currently a member of the Independent Cities Risk Management Authority ( ICRMA). In order for our excess workers' compensation coverage to be effective for volunteers, ICRMA is requesting formal action by the adoption of a Resolution. DISCUSSION ICRMA is a joint powers agency with 28 member cities throughout Southern California. It has provided the City with public entity liability coverage above a self- insured retention since 1986 and workers' compensation coverage above a self- insured retention since 2003. By practice the City has always extended workers' compensation benefits to volunteers however formal action has never been taken. Paying for workers compensation benefits fora volunteer is more cost- effective than if a - volunteer should file a tort claim for injury arising out of service as a result of workers' compensation coverage not being available to them. In order for our excess coverage to be effective for volunteers, ICRMA is requesting formal action by the adoption of a Resolution. FISCAL IMPACT .There is no additional financial liability as a result of the adoption of this Resolution as current practice covers volunteers for workers' compensation. LASER IMAGED 4" RECOMMENDATION Adopt Resolution No. 6440 providing workers' compensation coverage for city volunteers. Approved: William R. Kelly, City Manager 0 11 RESOLUTION NO. 6440 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, PROVIDING WORKERS' COMPEN- SATION COVERAGE FOR CITY VOLUNTEERS WHEREAS, the City Council of the City of Arcadia desires to provide workers' compensation coverage for City volunteers pursuant to the provisions of Section 3363.5 of the California Labor Code; and WHEREAS, the City Council finds that the City's best interests will be served by utilizing volunteers in the provision of certain City services; and WHEREAS, said volunteers should be eligible for workers' compensation coverage while on duty. NOW, THEREFORE, THE CITY COUNCIL OF THE CTIY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the public interest is best served by providing workers' compensation coverage to volunteers who serve the City of Arcadia. SECTION 2. That volunteers who serve the City of Arcadia without pay, as defined in Section 3363.5 of the California Labor Code, shall be deemed to be employees of the City for purposes of Division 4 of the California Labor Code while the person actually performs volunteer services, provided that the rights of volunteers shall be limited to those benefits set forth in Division 4 of the California Labor Code. LASER IMAGED y9. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 17th day of August , 2004. /S/ GARY A KOVACIC ATTEST: /S/ JAMES H. BARROWS City Clerk APPROVED AS TO FORM: City Attorney 2 Mayor of the City of Arcadia 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 Resolution No. 6440 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 17th day of August, 2004 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 N ISl JAMES H. BARROWS City Cleric of the City of Arcadia 0 ' " °�oRaTID° STAFF REPORT Public Works Services Department August 17, 2003 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Dire or Prepared by: Gary F. Lewis, General Services Man ger Mark'Rynkiewicz, Associate Civil Engineer SUBJECT: Annual Asphalt Concrete Overlay and Reconstruction Proiect Recommendation: Authorize -the City Manager to enter into a contract with Silvia Construction, Inc. in the amount of $337,054.56 for the 2003/2004 and 2004/2005 Annual Asphalt Concrete Overlay and Reconstruction Project SUMMARY: As part of the' City's Pavement Management Master Plan, the, Public Works; Services • Department is preparing to rehabilitate nine (9) streets throughout the City (see attached Location Maps). Staff received five (5) bids for this project. Silvia Construction, Inc., who has successfully completed similar projects, submitted the lowest qualified bid. Staff recommends that the City Council award a contract in the amount of $337,054.56 to Silvia Construction, Inc., for the 2003/2004 and 200412005 Annual Asphalt Concrete Overlay and Reconstruction Project. 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 established a Five (5) Year Pavement Management Plan to rehabilitate many of the lowest rated. streets. The 2003/04 and 2004/05 Capital Improvement Program includes the design and rehabilitation of nine (9) streets with approximately 14,645 lineal feet of asphalt. These streets will be paved or overlaid with. a rubberized asphalt material. A rubberized asphalt overlay is the application of a 2" thick mixture of W 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 concrete overlay. This mixture, when combined with edge cold milling, is designed to rehabilitate older pavement • surfaces where surface cracks are prevalent and loss of material are evident. AW ER IMAGED{ . 3P Mayor and City Council August 17, 2003 Page 2 The Five (5) Year Pavement Management Plan identified nine (9) streets for major rehabilitation (location maps are attached for reference). These streets have considerable cracking, areas of localized failure, and a pavement condition index (PCI) of "poor" to "failed." Failure to perform necessary pavement work may cause further structural failure of the roadways. Notices inviting bids were published in the adjudicated paper and bid packages were distributed to area contractors. The following five (5) bids were received on July 27, 2004: Bidder Location Bid Amount Silvia Construction, Inc. Rancho Cucamonga, CA $337,054 All American Asphalt Corona, CA - $338,167 Palp, Inc. DBA Excel Paving Co. Long Beach, CA $339,711 Hardy & Harper, Inc. Santa Ana, CA .$353,268 Sequel Contractors, Inc. Santa Fe`Springs, CA $442,383 Staff has reviewed the bid documents for content and has investigated the contractor's background and recent projects for competency: It is staff's opinion that Silvia Construction, Inc. can satisfactorily perform the work required and recommends that the City Council award a contract in the amount of $337,054.56 to Silvia Construction, Inc. for the 2003 -2004 and 2004 -2005 Annual Asphalt Concrete Overlay and Reconstruction Project. ENVIRONMENTAL ANALYSIS: This project is categorically exempt - per Section 15302 (c) replacement from the requirements of the California Environmental Quality Act. FISCAL IMPACT: Funds in the amount of $215,920 were budgeted in the 2003/2004 Capital Improvement Program and $200,000 for 2004/2005 Capital Improvement Program for this Project. The two year budgets of $415,920 were combined for greater economic advantage of a larger project. RECOMMENDATIONS: 1. Award a contract to Silvia Construction, Inc. in the amount of $337,054.56 for the 200312004 and 200412005 Annual' Asphalt Concrete Overlay and Reconstruction Project. , 2. Waive any informalities in the bid or bidding process. 3. 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:KH:dw Attachment: Location,Map. -x,. , CITY OF ARCADIA 003/2004 AND 2004/2005 ANNUAL ASPHALT CONCRETE OVERLAY AND RECONSTRUCTION PROJECT PROJECT NO'S:5433015, 5433154, 5433014 NO SCALE 0 T, ° -STAFF REPORT Public Works Services Department August 17, 2004 TO: Mayor and City Council / FROM: Pat Malloy: Public Works Services Directdr Prepared by: Gary F. Lewis, General Services Ma ager Dave McVey, General Services Superintendent SUBJECT: Purchase - five (5) 2005'black and white patrol cars Recommendation: Approve the purchase of five (5) 2005 black and white patrol cars in the amount of $137,096.56 from Downtown Ford Sales SUMMARY: • Staff is recommending that the City Council award a purchase contract to Downtown Ford Sales for the purchase of five (5) 2005 Ford Crown Victoria 4 -door black and white police patrol cars in the amount of $137,096.56. Funds in the amount of $180,000.00 have been budgeted for vehicle acquisition, emergency lighting, safety features and telecommunication equipment in this fiscal year's Equipment Replacement Budget. DISCUSSION: Five (5) 2005 Ford Crown Victoria black and white police patrol cars will be purchased to replace patrol units #60184 (1996), #60187 (1996), #80040 (1999), #80043 (1999), and #60157 (1993). Each patrol car has high mileage and meets the City Vehicle Replacement Criteria and schedule for police patrol units (age and mileage). Staff investigated cooperative purchase agreements (also known as "piggybacking ") with other municipalities for vehicles with specifications that are equal to or greater than the City of Arcadia's. Public agencies often utilize this cooperative purchase agreement as a cost savings factor. The State of California's Department of General Services (DGS), in cooperation with Downtown Ford Sales, has authorized the City of Arcadia to piggy -back with their purchase order. This allows the City to purchase 2005 model vehicles for the price of the 2004 models by using the DGS' purchase agreement without having the City to conduct a formal bidding since the State already completed • this process. LASER IMAGED q;, Mayor and City.Council August 17, 2004 Page 2 Staff has determined that Downtown Ford Sales is a qualified dealership that will • provide vehicles, which meet City. specifications.. Staff recommends that the City Council, award a:purchase contract to Downtown Ford Sales for the purchase of five (5) 2005 Ford Crown Victoria 4-door black and white police patrol cars in the amount of $137,096.56. FISCAL IMPACT: The total cost to purchase five (5) patrol vehicles is.$137,096.56. Funds in the amount of $180,000.00 have been budgeted in the 2004 -05 Equipment Replacement Fund for the Vehicle Replacement Program. The account balance of $42,903.44 will be used to equip the patrol units with new emergency and safety features, fighting, and telecommunication equipment. RECOMMENDATION:. 1. Approve the purchase of five ,(5) 2005 black ,and white .patrol cars in the amount of $137,09656 from Downtown For6Sales. 2. Waive the formal bidding process and authorize .a cooperative purchase using the State.of California's General Services Department bid. • Approved: --1 William R. Kelly, City Manager PM:GLF:DRM:dw r1 U 7AJ C • fN00Rf'OBATHD��oA STAFF REPORT Development Services Department DATE: August 17, 2004 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director Philip A. Wray, City EngineerlEngineering Services Administrator?tjl SUBJECT: Award of Contract —City Signage and Banner Program Phase I Recommendation: Authorize the City Manager to enter into a contract with TDS Engineering in the amount of $175,037.00 CIIIIIIN , Beginning with the 2003 -2004 Capital Improvement Project budget, the City Council has approved funds for the purchase and installation of new City entry and directional signs and poles, banners and monument improvements. The City Signage and Banner Program is a multi -year project designed to upgrade the City's entrance image, to beautify the community, and to provide directional assistance. The first phase will provide for entry and directional signs and poles. The second phase will provide for the installation of banners and the third phase will oversee the installation of entry monuments and new facades for downtown monuments. Phase I was divided into two elements: The purchase of the signs, and the purchase and installation of the decorative poles. The project to purchase and install the poles was advertised in early July and two (2) bids were received on July 27, 2004. The low bid. is from TDS Engineering in the amount of $175,037. Staff recommends awarding the purchase and installation of the decorative poles to TDS Engineering in the amount of $175,037. BACKGROUND The City has developed a comprehensive municipal signage and banner program to upgrade and beautify the City image. The program is phased over three years with the first phase to be the directional and entry signage on decorative poles. The second phase will be the banners and the third phase will be the new and refaced entry monuments. The first phase budget is $192,960 and has been carried over to the •current fiscal year and combined with the Phase II budget of $37,000 for a total budget of $229,960. LASER IMAGED qj Mayor and City Council — Staff Report August 17, 2004 Page 2 • Phase I was originally bid as one comprehensive project. The project was advertised for bids in March and only two bids were received. The bids were considerably higher than the budget and therefore, the City Council rejected the bids. Staff separated the project into two parts: the purchase of the signs, and the purchase and installation of the poles. Bids for the sign purchase were opened on July 20, 2004, and approved by the City Council on August 3, 2004. The project to purchase and install the poles includes a bid item for the installation of the new signs on the poles. The project was advertised for in early July and bids were received on July 27, 2004 as follows: Bidder Amount TDS Engineering $175,037.00 National Electrical $369,015.00 Upon review by staff, the second bidder incorrectly bid the sign installations assuming that the cost was to include the purchase of the signs. The unit prices of the two bidders for the purchase and installation of the poles were very close and TDS Engineering's prices were -less than the second bidder. The low bid is in line with the latest cost estimate. Staff has determined that TDS Engineering can satisfactorily • perform the required work. FISCAL IMPACT The Signage and Banner Program Phase I was in the FY 2003/04 Capital Improvement Program with a budget of $192,960. The phase I budget was carried over and added to this year's Phase 11 budget for a total of $229,960. The City Council previously approved the sign purchase in the amount of $33,045.48. The bid for the purchase and installation of the poles is $175,037, bringing the total phase I project cost to $208,082.48. There are sufficient funds available in the combined budget for this project. The scope of Phase II will be adjusted according to the remaining budget. RECOMMENDATION Authorize the City Manager to enter into a contract with TDS Engineering in the amount of $175,037 for the City Signage and Banner Program Phase I to include the purchase and; installation of sign poles. Approved: _ William R. Kelly, City Manager • DP:PAW:pa ° Ts ° STAFF REPORT Public Works Services Department August 17, 2004 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Dire or Prepared by: Tom Tait, Field Services Manager SUBJECT:' Recommendation: To ratify an emergency purchase order, in the amount of $49,534.14 to General Pump Company, Inc., for the replacement of a new pump and motor assembly at Orange Grove No. 5 Well SUMMARY: Earlier this year, Orange Grove No. 5 Well was taken out of service due to mechanical failure. At the time of this failure the Live Oak Well (our largest producer) and Orange Grove well No. 1A were both out of service undergoing rehabilitation. At that time, the City was experiencing unseasonably hot weather and staff was concerned about our ability to provide sufficient water . to the system, especially if we lost another well or booster station while three (3) wells were out of service. Public Works Services (PWS) staff determined this to be a critical situation and did not have time to follow normal procurement procedures for repair and replacement equipment. This situation necessitated the use of General Pump Company, Inc.'s services to immediately resolve the problem. On May 6, 2004, the work was completed and an invoice was received on June 22, 2004. , Staff recommends that the City Council ratify the emergency purchase order that was issued in the amount of $49,534.14 to General Pump Company for the replacement of the pump and motor assembly at Orange Grove No. 5 Well. Earlier this year, Orange Grove No. 5 Well was taken out of service because of mechanical failure. Orange Grove No. 5 well is located at 67 W. Orange Grove Avenue and is one of four (4) wells operating in the East Raymond Basin, which supplies water to the northern quadrant of the City (see attached map of City). This well is a reliable source of water to the distribution system and produces approximately 1,100 acre -feet of water each year. At the time of this failure the Live Oak Well (our largest, producer) and Orange Grove No. 1A were both out of service undergoing rehabilitation. The loss of any other well or booster pump station in the system would have the potential to seriously impact our ability to provide an adequate supply of ® water. Additionally, it was unseasonably hot for that time of year, which was placing higher than normal demands for water on our system. LASER IMAGED Mayor and City Council August 17, 2004 Page 2 • On April 22, 2004, General Pump Company, Inc. of San Dimas, Ca., was contacted by staff to remove the damaged motor, evaluate the motor and pump,.and prepare a "Quote for Service" to repair the well. General Pump Company was retained to perform the evaluation based on their ability to respond immediately to the emergency and their experience in repairing wells similar to the Orange Grove Well. The evaluation determined that the existing 150 hp (horse power) motor failed due to an electrical malfunction. The extent of the rehabilitation consisted of the removal of the submersible pump, motor and column, cleaning and disinfection of the column, installation of a new submersible pump and motor assembly, appurtenances, and testing. General Pump Company submitted a quote of $49,534.14 to perform the work. Staff felt that the quotation was reasonable, based on prior work performed for similar repairs. The majority of the cost was attributed to the new motor and pump bowl assembly and the removal and replacement of the column and shaft. On May 8, 2004, the work was completed and an invoice was received on June 22, 2004. Staff recommends that the City Council ratify an emergency Purchase Order in the amount of $49,534.14 to General Pump Company Inc. to install a new pump and motor at Orange Grove No. 5 well ENVIRONMENTAL IMPACT: The project is categorically exempt per Section 15302 (c) from the requirements of the California Environmental Quality Act. • FISCAL IMPACT: Sufficient funds are available in the 2003 -04 Water Operating Budget (Unscheduled Repairs to Wells Account) to cover the cost of such repair. RECOMMENDATION: 1. Waive the formal bid process in accordance with Section 2846.1.(a) of the Arcadia Municipal Code (AMC). 2. Ratify the issuance of a Purchase Order Agreement In the amount of $49,534.14 to General Pump Company, Inc. to Install a new pump and motor assembly at Orange Grove No. 5 Well. PM:TT:dw Attachment F-1n 11 R Approved by:^ William R. Kelly, City Manager n U .1 ATTACHMENT 1 - LOCATION MAP Arcadia Water System Pressure Zone - 1 STAFF REPORT Office of the City Manager' DATE: August 17, 2004 TO: Mayor and City Council FROM: William R. Kelly, City Manager By: Linda Garcia, Communications, Marketing and Special Projects Manager SUBJECT: ORDINANCE NO. 2200 AMENDING SECTION 2710 OF THE ARCADIA MUNICIPAL CODE TO ESTABLISH THE DESIGN OF THE SEAL OF THE CITY OF ARCADIA Recommendation: Introduce SUMMARY •The design of the City Seal is set forth in the Arcadia Municipal Code and any change to it must be made by way of an ordinance. Staff recommends that the City Council introduce Ordinance No. 2200 adopting a modified version of the City Seal. DISCUSSION Based on the City Council discussion on July 1, 2004, staff prepared and is presenting for your consideration an updated version of the City Seal. The proposed Seal is similar to the existing version, with the following modifications: 1. The words "City of Arcadia" are at the top of the Seal instead of inside the shield. 2. The word "California" has been added. 3. The full date of incorporation is now listed. 4. "Community of Homes" is now in the ribbon at the bottom of the Seal. If the City Council approves the above referenced changes to the City Seal, staff recommends that the new Seal be integrated as the need arises. That is, rather than replacing all items that contain the Seal at once, the new version will be incorporated as items are replaced /purchased (e.g. stationery, vehicle decals, badges, plaques, uniforms, pins, brochures, etc.). Although it will take several years before the transition to the new Seal is complete, staff believes that the cost savings resulting from replacing items on an as needed basis (versus all at once) is significant enough to warrant the phased approach. • LASER IMAGED SA . Mayor and City Council — Ordinance No. 2200 August 17, 2004 Page 2 FISCAL IMPACT There are various expenses associated with adopting a new seal and these costs will be paid for as the work becomes necessary, within the existing budget. A smaller digital version of the Arcadia Seal, one that would be appropriate for stationery, brochures and other smaller documents, can be produced with minimal cost. However, there may be a need to have new "original" art prepared for items of a larger or more detailed nature, such as the decals on City vehicles, public safety badges and related. If this proves to be the case, it Js hoped that the cost of having this work done can be accommodated within the existing operating budget. RECOMMENDATION Staff recommends that the City Council introduce Ordinance No: 2200, an ordinance of the City Council of the City of Arcadia, California, amending Section 2710 of the Arcadia Municipal Code to establish the design of the Seal of the City of Arcadia;. and, further, that the City Council direct staff to incorporate the use of the new Seal on an as needed basis, as items come up for production. Attachment: Ordinance No. 2200 n U npa,� t*- •^.,q�