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Home My WebLink AboutJanuary 6, 2004_;AGENDA, Arcadia City Council and Redevelopment Agency Meeting' January 6, 2004 6c00 p.m. Council Chambers Conference Room ROLL CALL: City CounciUAgency Members: Chang, Kovacic, Marshall, Segal; and Wuo TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL/REDEVELOPMENT AGENCY (NON- PUBLIC HEARING/FIVE-MINUTE TIME LIMIT PER PERSON) 1. STUDY SESSION a. Discussion and direction concerning a statue for outside the Police station 7:00 p.m. Council Chambers INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL: Council MembersYAgency Members: Chang, Kovacic, Marshall, Segal, and Wuo 2. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS MOTION: Read all Ordinances and Resolutions by title only and waive reading in full . 3. PRESENTATION of a Citizen of the Month Award to Dorothy Cunningham 4. PRESENTATION of a Citizen of the Month Awazd to James Romo- 5. PRESENTATION of a Citizen of the Month Awazd to Bart Kimball LASER IMAGED Arcadia CiTy Council: Dc Sheng Chang, Gary A. Kovacic, Gail A. Mazshall, Mickey Segal, John Wuo William R, Kelly, City Manager June D. Alford, Ciry Clerk 3~ 6. PRESENTATION of a Citizen of the Month Awazd to Robert Garrett 7. • PRESENTATION of a Citizen of the Month Award to Gary Kovacic 8. PRESENTATION of Centennial Video 9. PRESENTATION to outgoing members of the Centennial Celebration Commission, Jim Barrows, Pamela Blackwood, Dorothy Denne, Fawaz Elmasri, June Fee, Joyce Hansen, Mary Hansen, James Helms, Teresa Hsu, Loretta Huang, DaYid Leong, Carol Libby, Jo Ann Scott, Sherry Wang, Patricia Williams 10. PRESENTATION of Certificates of Appreciation to the Santa Anita Wood Carvers 11. PUBLIC HEARING -CITY COUNCIL ~ A11 interested persons are invited to appear at the Public Hearing and to provide evidence or testimonyconceming [he proposed items o[consideration. You are hereby advised that should you desire to legally challenge any action talcrn by the Ciry Council with respect • ~ to the proposed Item 10 a, you maybe limited to raising only those issues and objections which you or someone else raised at or prior _ to the timeof the Public Hearing. a. Ordinance No 2186 addine Sections 9264.2.9.15 and 9275.39.4 to the Arcadia Municipal Code to germit Automobile sales in the Central Business District zone with an approved conditional use permit ' Recommendation: Introduce TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL/REDEVELOPMENT AGENCY (NON-PUBLIC HEARING/FIVE-MINUTE TIME LIMIT PER PERSON) 12. MATTERS FROM ELECTED OFFICIALS City CounciURedevelopment Agency Reports/Announcements/Statements/Future Agenda Items 13. CONSENT -REDEVELOPMENT AGENCY a. Minutes of the December 16 2003 reQUlaz meeting and December 17, 2003 adioumedmeetin¢ Recommendation: Approve CONSENT -CITY COUNCIL b. Minutes of the December 16 2003 resulaz meetine and December 17, 2003 adiournedmeetina Recommendation: Approve 2 r c. Resolution No 6401 disbanding the Arcadia Centennial Celebration Commission Recommendation: Adopt d. Resolution No 6412 a Resolution of Intention to avvrove an amendment to the contract for the Public Emvlovees' Retirement System Military Service Credit for local safety and miscellaneous members Recommendation: Adopt Ordinance No 2187 authorizing an amendment to the contract betweer the City Council of the Cit~of Arcadia and the Board of Administration of the California Public Emvlovees' Retirement System Recommendation: Iritroduce . e. Audit of commercial waste haulers on the City's commercial refuse fee payments Recommendation: Authorize the City Manager to enter into a Professional Services Agreement with Hilton, Famkopf and Hobson, LLC (HFH) to perform a fmancial audit of commercial waste haulers on the City's refuse fee payments and appropriate $48,500.00 from the Solid Waste Reserve Fund £ Purchase ofballistic-proof protection roanels/tactical blanket for the Police Devarhnent Recommendation: Waive the requirement for solicitation and receipt of competitive bids due to the sole source availability of this equipment, in accordance with Municipal Code Section 2846.3; and approve the purchase ofballistic-proof protection panels/tactical blanket from Instant Armor, Incorporated in the amount of $38,459.88 ADJOURN the City CounciURedevelopment Agency to January 20, 2004 at 6:00 p.m., Council Chambers Conference Room in memory of John J. Dee and Dr. Edward" Murachanian ANNOTATE D A~G~E~N'D,A Arcadia City Council and Redevelopment Agency 1tiIe~~ing January 6, 2004 6:bU p.m. ' Council Cham$e'rs Conference Room ROLL CALL: City ConnciUAgencyMembers: Chang, Kovacic,lVlarshall, Segal, and Wuo TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO '' ADDRESS THE CITY COUNCIL/REDEVELUPMENT AGENCY (P10N- PUBLIC HEARING/FIVE-MINUTE TIME LIMIT PER PERSON)- L STUDY SESSION All. ~pFesent Dorothy Denne a. Discussion and direction concerning a statue for outside the Police gtation r~p~.rzLV~d concept & exppenditure as Enthred Closed Session permitted.under Government Code- dlacussed,,Authorized City 7:00 p,mr Manager/art;<at ,agreement Council Chambers RECESS 6:45 to 7:00 p„m. INVOCATION Pastor Edward Shyu, Chr~stdan Center of Arcadia PLEDGE OF ALLEGIANCE Hal Libby ROLL CALL: Council Members/Agency Members: Chang, Kovacic, Marshall, Segal, and Wuo All present 2. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS City Attorney Deitsck announced Closed Session added to agenda re Altr'io Communications MOTION: Read all Ordinances and Resolutions by title only and waive reading in .Approved 5-0 full`' 3. PRESENTATION of a Citizen of the Month Award to Dorothy Cunningham Mayor wuo 4. PRESENTATION of a Citizen of the Month Award to James Romo• Mayor wuo 5. PRESENTATION of a Citizen of the Month Award to Bart Kimball mayor wuo Arcadia City Council:: Dr. Sheng Chagg, Gary A. Kovacic, Gail_A. Marshap, Mickey Segal, John Wuo William R IteUy, Ciry Manger JuneD.Alrord,CityClerk L~J[p I{l~pG~D 3~ 6. PRESENTATION of a Citizen of the Month Award to Robert Garrett Mayor wuo 7. PRESENTATION of a Citizen of the Month Award to Gary Kovacic Mayor wuo 8. PRESENTATION of Centennial Video.: 9. PRESENTATION to outgoing members of the Centennial Celebration Commission, Jim Barrows, Pamela Blackwood, Dorothy Denne, Fawaz Ehnasri, June Fee, 7oyce Hansen, Mary Hansen, James Helms, Teresa Hsu, Loretta Huang, David•Leong, Cazol Libby, Jo Ann Scott, Sherry Wang, Patricia Williams Mayor wuo: 10. PRESENTATION of Certificates of Appreciation to the Santa Anita Wood Carvers Mayor wuo 11. PUBLIC HEARING -CITY COUNCII. All interested persons en invited to appear at the Public Hearing and to provide evidence or tesfimony concerning tare proposed items otconsideration: You are hereby advised that should yov dcsits to legally chaltenge eny action taken by the City Council with respect to the proposed Item 10 a, you maybe limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. ~ ~ Pub. Hrg. Cloned a. Ordinance No 2186 addine Sections 9264 2 9.15 and 9275.39.4 to the Introduced Arcadia Municipal Code to Hermit Automobile sales in the Central ord. 218b 5-0 Business District zone with an aonroved conditional use Hermit Recommendation: Introduce TIIVIE RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL/REDEVELOPMENT AGENCY (NON-PUBLIC HEARING/FIVE-MINUTE.TIME LIMIT PER PERSON) No one spoke 12. MATTERS FROM ELECTED OFFICIALS City Council/Redevelopment Agency Reports/Announcements/Statements/Future See minutes Agenda Items 13. CONSENT -REDEVELOPMENT AGENCY a. Minutes of the December 16 2003 reQUlaz-meeting and December 17. 2003 adioumedmeetine Approved 4-0 with Recommendation: Approve 1 abstention CONSENT -CITY COUNCIL b. Minutes of the December Recommendation: Approve Appproved 4-lT with 1 abstention 2 - r ~ - ~. c. Resolution No 6401 disbandine the Arcadia Centennial Celebration Commission ' Recornrnendation: Adopt Adopted 5-0 d. Resolution No 6412 a Resolution of Intention to approve an amendment 'Service Credit for local safety and miscellaneous members Recommendation: Adopt Adopted 5-0 Introduced 5-0 e. Audit of commercial waste haulers on-the Citv's commercial refuse fee pavments Recommendation: Authorize the City Manager to enter into a Professional Services Agreement with Hilton, Farnkopf and Hobson, LLC (HFH) to perform a financial audit of commercial waste haulers on the City's refuse fee payments and appropriate $48,500.00" from the Solid Waste Reserve Fund Approved 5-0 £ Purchase of ballistic-proof nrotection panels/tactical blanket fot the Police Department Recommendation: Waive the requirement for solicitation and receipt of competitive bidsdueYo the sole source availability of this equipment, in accordance with Municipal Code Section 2846.3; and, approve the purchase of ballistic-proof protection panels/tactical blanket from Instant Armor, Incorporated in the amount of $38,459.88 Approved 5-0 ADJOURN the City Counci]/Redevelopment Agency to 7anuary 20; 2004 at 6:00 p.m., Council Chambers Conference Room in memory of John J. Dee and Dr. Edward Murachanian ADJOURNED at 8:15 p.m.: in memory of: John J. Dee Dr. Edward Murachanian Robert S. Whitmore;. Jr: 3 Recommendation: Introduce >.' ,~ -. as:oool CITY COUNCIL PROCEEDINGS ARE TAPE=RECORDED AND ON FILE:IN THE OFFICE OF ' THE CITY CLERK MINUTES CITY COUNCIL OF THE CITY OF ARCADIA . and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING .January 6; 2004 The City Council and Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, January 6, 2004 at 6:00 p.m. in the Council Chambers Conference Room. ROLL CALL PRESENT: CouncillAgency Members Chang, Kovacic, Marshall, Segal and Wuo ABSENT: Norie AUDIENCE PARTICIPATION Dorothy Denne, liked the proposed design of.the statue for outside the Police station, but would like to see a canine added to the male and female officer statue. She asked the City Council to choose the location of this new statue very carefully. She felt the peacock statue at Peacock Corner is very difficult to see and would like the new statue outside the Police station be ih the rightlocation and be visible. 1. STUDY SESSION 1a STATUE-POLICE In discussion with regard to a statue outside the police station, staff noted that the concept STATION for the proposed sculpture is to reflect and honor today's modern police department which has both men and women officers. The officers will be chiseled out of a "stone" base giving them equal importance within the piece. This blend of modern/traditional will reflect the architecture of the new Police Department building. Stone symbolizes power and stability. The Police force has been, and always will be, there to protect and serve. Their badges, guns and uniforms will be that of Arcadia's current police force. Donations would be appreciated from the public and will reduce'the City's portion of cost for the statue. The Police Reserve Association, volunteers, patrol and the COPS Committee pledged to donate a total of $10,000 to $12,000 toward the cost of the statue. A plaque will be added to the statue indicating the City Council and name of the groups who contrihuted. Following discussion it was MOVED by Mayor Pro tem Segal, seconded by Councilmember Kovacic and CARRIED on roll call vote as follows to APPROVE expenditure of $50,000 for a statue outside the Police station; and, AUTHORIZED the City Manager to enter into an agreement with the artist; and, form a committee of three, Donald Penman, Assistant City Manger/Development Services Director, Bill Kelly, Ciry Manger and David Hinig, Police Chief to represent the Council in the results and to monitor the process. AYES: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo NOES; None ABSENT: None LASER IMAGED 1 /6104 ~~ 46:0002 City Attorney Deitsch requested a Clgsed Session item be added to tonight's agenda. The City Council entered the Closed Session permitted under Government Cade regarding Altrio Communications. The City Council RECESSED at 6:45 p.m., and RECONVENED in the Council Chambers for the Regular Meeting at 7:00 p.m. IM/OCJaTION Pastor Edward Shyu, Christian Center of Arcadia PLEDGE OF Hal Libby ALLEGIANCE ROLL CALL PRESENT: Council/Agency Members Chang, Kovacic, Marshall, Segal and Wuo ABSENT:' None City Attorney Deitsch announced the subject discussed at the earlier Closed Session. No reportable action was taken. 2. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None. ORD. & RES. It was MOVED by Mayor Pro tem Segal, seconded by Councilmember Marshall and READ BY .CARRIED on roll call vote as follows that ordinances and resolutions be read by title only and TITLE ONLY that the reading in full be WAIVED. AYES: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None PRESENTATIONS 3. CITIZEN OF Mayor Wuo presented the January, 2004 Citizen of the Month Award to Dorothy THE MONTH Cunningham, a 45 year Arcadia resident, stating in part that, Dorothy's career as a school AWARD nurse involved her with the Head Start Program as well as the Children's Center. She later (Cunningham) became one of the first nurse practitioners in the State of California and went on to establish a health clinic. After retirement, Dorothy joined .the staff of the Arcadia Tribune to do the social news. She also devoted time and energy to several outside activities and was named "Woman of Achievement" in 1993 by the Association of University Women. 4.-7. CITIZENS Mayor Wuo presented the January, 2004 Citizen of the Month .Awards to Jim Romo, Bart OF THE Kimball, Bob Garrett, Bob Green and Councilmember Gary Kovacic for providing the Arcadia MONTH High School Constitution Team guidance and the legal savvy necessary to successfully AWARDS compete in the state level competition. The team meets weekly for sessions lasting between (Romo, Kimball, two and four hours and as the competition gets close, team members meet on a daily basis. Garrett, Green The team members are most particularly interested in fields involving the law, government & Kovacic) and the body politic. 8. CENTENNIAL A video highlighting many events to commemorate Arcadia's 100-year celebration was VIDEO presented. ~^~ A i r a y r'! i !1 A 2 116/04 46:OD03 9. CENTENNIAL CELEBRATION COMSN. (Barrows, Blackwood, Denne, Elmasri, Fee, Hansen, Hansen, Hsu, Huang, Leong, Libby, Scott, Wang & Williams) Mayor Wuo presented plaques of appreciation, in recognition of their services to the community, to outgoing Centennial Celebration Commissioners, Jim Barrows, Pamela Blackwood, Dorothy Denne, Fawaz Elmasri, June Fee, Joyce Hansen, Mary Hansen, James Helms, Loretta Huang, David Leong, Carol Libby, Jo Ann Scott, Sherry Wang and Patricia Williams. Commission Member Teresa Hsu was not present. 10. CERTIFICATE Mayor Wuo presented the Mayor's Certificate of Appreciation to Forrest James, Sam Keller, OF Ben Sanders, -John Nelson, George Stevenson; Robert Pearson and John Schofield, APPRECIATION members of the Santa Anita Carvers, the group who worked on Arcadia's Centennial (Santa Anita Celebration Time Capsule which will be on display in the Ruth and Charles Gilb Arcadia Wood Carvers) Historical Museum, beginning February. Mayor Wuo commented that, every artist volunteered his time, talent and energy to this remarkable project. It is a timeless illustration of all that defines Arcadia's history and first one hundred years. 1 ~. PUBLIC HEARING 11 a. ORDINANCE .Text Amendment (T.A. 2003-007) was initiated by the Development Services Department. NO.2186- The proposed text amendment would change the Central Business District (CBD)-zone to T.A. 2003-007 allow automobile sales in the CBD zone subject to the Conditional Use Permit process. (Auto Sales in the Central Currently motor vehicle sales are permitted in the CPD-1 (Commercial Planned Business Dist.) Development) and C-2 (General Commercial) or any less restrictive commercial zones with (INTRODUCED) an approved conditional use permit. The CBD (Central Business District) zone does not include provisions to allow automobile sales with a conditional use permit. The CDB zone is intended to provide for general retail and professional officelservice activities serving a regionallcommunity-wide need. The CBD zone encompasses the City's traditional downtown area and the Central Redevelopment Project Area and is intended to .promote a strong pedestrian orientatioh through its mix of permitted uses and specific development standards. The Development Services Department recommended that automobile sales having a minimum of 50% new vehicles be included in the list of uses permitted subject to the conditional use permit process. Mayor Wuo OPENED the Public Hearing. It was MOVED by Councilmember Chang, seconded by Councilmember Marshall and CARRIED on roll call vote to CLOSE the Public Hearing. AYES: Councilmembers Chang, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None 116104 46:0004 It was MOVED by Councilmember Chang, seconded by Mayor Pro tem Segal and CARRIED on roll call vote as follows to INTORDUCE ORDINANCE NO. 2186 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING SECTIONS 9264.2.9.15 AND 9275.1.39.4 PERTAINING TO AUTOMOBILE SALES". AYES: Councilmembers Chang, Kovacio, Marshall, Segal and Wuo NOES: None ABSENT: None AUDIENCE PARTICIPATION None. 8. MATTERS FROM ELECTED OFFICIALS MARSHALL Councilmember Marshall expressed appreciation to everyone for their well wishes, cards (Recovery) and flowers during her absence and recovery. She also thanked her husband for taking very good care of her. (Award Ms. Marshall thanked the members of the Centennial Celebration Commission for all their Recipients) hard work during the celebration of Arcadia's 100th Birthday. She also expressed congratulations td the Citizen of the Month Award recipients. (Santa Anita Ms. Marshall congratulated Santa Anita Race Track for improving the park entrance and Race Track) putting together such a wonderful project. (Food fog Ms. Marshall shared a food for thought, "teams allow common people to surpass uncommon Thought) goals". SEGAL Mayor Pro tem Segal congratulated tonight's honorees. (Honorees) CHANG Councilmember Chang commended the Citizen of the Months Award recipient's (Award accomplishments, in particular, the members of the Centennial Celebration Commission, for Recipients) their hard work during the past year. (New Years Dr. Chang wished everyone a Happy New Year and reported his resolutions and wishes for Wishes) the new year as follows: He would like to have a healthy and prosperous 2004 and be successful at the April 13, 2004 City Election in order to be able to return to the City Council and continue serving the community: He recommended deferment of all non-essential capital projects during this time that the City is facing a possible shortage of funds due to insufficient Vehicle License Fee returns; and, a hiring freeze. Dr. Chang referred to the complaints he received with regard to citizens phone call inquiries to City Hall; the increase of crime and burglary around construction areas throughout the City; and, the City's budgetary situation. He also referred to an article in a Chinese Newspaper regarding the City's Emergency Reserve Funds. In response to Councilmember Chang's comments, City Manager Kelly clarified that City staff makes every effort to return citizen's phone call inquiries everyday and get back to those individuals fast. Concerning construction activities and burglary's, Mr. Kelly noted that most contractors, for their own liability purposes, fence their property and secure it from vandalism. The City is not aware of any significant increase in crime caused by construction, unless it is not reported. Relative to emergency funds, it was noted, that the City's emergency reserve fund is about $6 million, presently the City is not in any serious fiscal condition caused by the State budget problems. 4 1!6/04 46:0005 KOVACIC Councilmember Kovacic welcomed Councilmember Marshall back. He also expressed .(Marshall & appreciation to the Mayor for recognizing the Arcadia High School Constitution Team and all Honorees) other 'volunteers in the City, especially the Centennial Celebration Commission. He suggested that the City's historians look for some other historical events that can be celebrated in the near future. (Volunteer) Mr. Kovacid encouraged everyone who is looking for a new year resolution that is hard to break, try volunteerism and dedicate'some time to the City. (USC) Mr. Kovacic congratulated USC on its national football championship. . WUO Mayor Wuo wished everyone a Happy New Year. He hoped that everyone had a wonderful (New Year) holiday. He and his wife spent quality time with their three children during the holidays. (Events) Mayor Wuo expressed appreciation to City staff and volunteers for their effort ahd hard work in putting on and participating in the City's Centennial Celebration everits. (Mars Mayor Wuo attended the Mars Exploration reception at JPL. It was a wonderful and exciting Exploration) experience. Mayor Wuo expressed appreciation to Congressman Dreier forputting on this event for local City officials. (Bravery Mayor Wuo congratulated Arcadia Beautiful Commissioner, Janice Torrington's grandson for Medal) receiving a medal for his bravery in helping an injured officer in a shooting incident that happened in the State of Oregon. (New Year) Mayor Wuo wished everyone a prosperous and healthy 2004. ALFORD City Clerk June Alford reminded that nominations for the April 13, 2004 City election for two (City Election) members of the City Council and a City Clerk are now open: Nomination papers may be obtained at the office of the City Clerk through January 16, 2004. CONSENT ITEM -REDEVELOPMENT AGENCY 13a. MINUTES APPROVED the Minutes of the December 16, 2003 Regular Meeting and December 17, (Dec. 16, 2003 2003 Adjourned Regular Meeting, Reg. Mtg. & Dec. 17, 2003 Adj. Mtg.) CONSENT ITEMS -CITY COUNCIL 13b. MINUTES APPROVED the Minutes of the December 16, 2003 Regular Meeting and December 17, (Dec. 16, 2003 2003 Adjourned Regular Meeting. Reg. Mtg. & Dec. 17, 2003 Adj. Mtg.) 13c. RESOLUTION ADOPTED RESOLUTION NO. 6401 entitled: "A RESOLUTION OF THE CITY COUNCIL NO. 6401 OF THE CITY OF ARCADIA, CALIFORNIA, DISBANDING THE ARCADIA CENTENNIAL (Disbanding- CELEBRATION COMMISSION:' Centennial Celebration Comsn,) 5 1 /6104 46:0006 13d. RESOLUTION NO. 6412 (PERS Contract Amendment.- Military Service Credit) ORDINANCE N0.2187 {PERS Contract Amendment - City Council & Board of Administration) ADOPTED RESOLUTION NO.: 6412 entitled: "A RESOLUTION OF. INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT FOR THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM MILITARY SERVICE CREDIT FOR LOCAL SAFETY AND MISCELLANEOUS MEMBERS". INTRODUCED ORDINANCE NO. 2187 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OCUNCIL OF THE CITY OF ARCADIA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM". 13e. PROF. SVCS. AWARDED a Professional Services Agreement in the amount of $48,500 to HFH to perform AGREEMENT a financial audit of commercial waste haulers on the City's refuse fee payments; and, (Financial Audit, APPROPRIATED $48,500 from the Solid Waste Reserve fund to the project budget; and, Commercial AUTHORIZED the City Manager and City Clerk to EXECUTE a contract in a form approved Waste Haulers) by the City Attorney. 13f. EQUIPMENT WAIVED the requirement for solicitation and receipt of competitive bids due to the sole PURCHASE source availability of this equipment, in accordance with Municipal Code Section 2846:3; (Ballistic-proof and, APPROVED the purchase. of ballistic-proof protection panels/tactical blanket from Protection Instant Armor, Inc. in the amount of $38,459.88. Panels/tactical Blanket-PD) In response to a Council question,`City Manager Kelly noted that the funds would be reimbursed to the City from the State Homeland Security Grant. THE PRECEDING CONSENT ITEMS 13a, b, c, d, a and f APPROVED ON MOTION BY COUNCIUAGENCY MEMBER SEGAL SECONDED BY COUNCIUAGENCY MEMBER KOVACIC, AND CARRIED ON ROLL CALL VOTE AS FOLLOWS: AYES: Council/agency Members Chang, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None ABSTAIN: Council/Agency Member Marshall (Items 13 a and. b.) ADJOURNMENT Councilmember Kovacic adjourned the meeting in memory of John Joseph Dee. "John Dee (InMemory of passed away at the age of 62 on December 20. He was an expert in the area of Eminent John J. Dee) Domain law and represented many private property owners and public entities throughout Southern California. Although a long time resident of Pasadena, he visited Santa Anita Park, the mall and the homes of many friends in Arcadia, often enough to be considered an honorary Arcadian. John is survived by his wife Judie, sons Sean and Kevin, and daughters Kelly and Mary Frances". ADJOURNMENT Mayor Pro tern Segal adjourned the meeting in memory of Dr. Edward Murachanian. "Dr. (In Memory of Edward Murachanian passed away peacefully on Tuesday, December 23, 2003, surrounded Dr. Edward by his loving family. Born in New Jersey on June 2, 1931; raised in Chicago; then moved to Murachanian) Los Angeles at the age of 9; graduated from Hamilton High School them attended USC as an under-graduate and USC School of Dentistry. He Married Hilda.and they were blessed with five beautiful children. They made their home for 39 years in Arcadia. Edward practiced dentistry from 1958 up until his passing. His practice was part of his extended family. He was an avid golfer and fisherman; enjoyed spending time in Rancho Mirage and Carpinteria. 1 /6104 . ~ 46:0007 He was a devoted husband, father and grandfather. His strong presence was felt by all whom he touched". ADJOURNMENT Councilmember Marshall adjourned the meeting in memory of Robert Stevens Whitmore, Jr. (In Memory of °Robert was 87, he passed away peacefully on December 26, 2003, in Arcadia, California. Robert He was born on June 20, 1916, in South Pasadena to Robert S. and Lois Thompson WhitmoreJr.) Wlhitmdre, growing up in South Pasadena, graduated from South Pasadena High School. An Army Veteran of World War II and Chief Finance Warrant Officer, 40th Division, in the Korean War, later graduating from USC. While serving in WWII he met and married his lifetime sweetheart, Marcella Akins, February 23, 1945. As a couple they were inseparable. They made their residence in Arcadia for 47 years, while he served at times on various commissions and the local school district. In business, first with Bank of America, later, Controller of Founders Insurance Company, back to banking as V.P. Corporate Banking, as National Insurance Liaison for Security Pacific National Bank, retiring in 1984. A life-long Republican, he became active in the party and served with distinction, two terms as L.A. County Chairman; was a member of the State Central Committee, re-elected many times to his A.D. Commission. Bob was an active member of Michillinda Presbyterian Church serving several times as Elder Trustee and Treasurer. He will be greatly missed by not only his friends, but his loving family. His best-loved hobby was genealogy, going back to the Village of Whitmore in England, and putting family civil war letters into book form. In addition to his wife, he has a daughter, Susan Hunter of Alpine, and a son, Robert Whitmore III, grandchildren, Matthew and Emily Whitmore of Chino Hills. Bob we will miss you". ADJOURNMENT At 8:15 p.m. the City Council Regular Meeting ADJOURNED to January 20, 2004 at 6:00 (Jan. 20, 2004) p.m. in the Council Chambers Conference Room for a Regular Meeting to conduct the business of the City Council and Arcadia Redevelopment Agency and any Closed Session necessary to discuss personnel, litigation matters or evaluation of properties. June D. At ord, Clerk 7 1/6/04 ~u 55 ~~J ~~ I ~_ r/ ~,J 1 ~,~_ ~~~ ~ -, ~, The concept for the sculpture is.to reflect and honor today's modern police department which has both men and women officers. The officers will be chiseled out of a "stone" base giving them equal_importance within the-piece..This blend of modem/ . traditional will.reftect_the azchitecture of the new Police Depaztment building. Stone . symbolizes power andstability. The Police Force has been, and always will be, there to protect and serve. Their badges, guns and uniforms will be that of Arcadia's current Police Force.. LASER IMAGED -.. • ~~ ~ ARCH ,ao ~RpORATID9. STAFF REPORT Development Services Department January 6, 2004 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager/Development Services Director By: Donna Butler, Community Development Administrator,fJ1I SUBJECT: Ordinance No. 2186 adding Sections 9264.2.9.15 and 9275.1.39.4 to the Recommendation: Introduce SUMMARY This text amendment (T.A. 2003-007) was initiated by the Development Services Department and proposes changes to the Central Business District (CBD) zone to allow automobile sales in the CBD zone subject to the Conditional Use Permit process. The Development Services Department is recommending approval of this text amendment and introduction of Ordinance No. 2186 adding Sections 9264.2.9.15 and 9275.1.39.4 to the Arcadia Municipal Code pertaining to automobile sales. DISCUSSION At this time motor vehicle sales are permitted in the CPD-1 (Commercial Planned Development) and C-2 (General Commercial) or any less restrictive commercial zones with an approved conditional use permit. Currently the CBD (Central Business District) zone does not include provisions to allow automobile sales with a conditional use permit. The CBD zone "is intended to provide for general retail and professional office/service activities serving aregional/community-wide need..." The CBD zone encompasses the City's traditiorial downtown area and the Central Redevelopment Project Area and is intended to promote a strong pedestrian orientation through its mix of permitted uses and specific development standards. Textamendment-TA 03-007CC T.A 2003-007 January 6, 2004 LASER IMAGED Page l ~~ In addition to retail, consumer and business service uses, the following uses are permitted in the CBD zone with an approved conditional use permit: • Any use over 10,000 sq. feet gross floor area • Alcoholic beverage sales far off-premises consumption (liquor stores); Daycare .center not located on the ground floor along Huntington Drive and First Avenue • Drive-in facilities for financial institutions, not located on the ground floor along Huntington Drive and First Avenue; Education/tutoring centers, not located on the ground floor along Huntington Drive and First Avenue • Health Clubs • Martial arts studios • Residential uses which are an integral part of a commercial development (13 du(ac maximum. • Restaurants, eating establishments, coffee houses, juice bars, delicatessen and similar uses • Restaurants and eating establishments with a separate bar/lounge area, serving of alcoholic beverages and/or with live entertainment • Restaurants and eating establishments, including the incidental serving of alcoholic beverages but without drive-through facilities or bar/lounges; • Theaters • Automobile fueling stations as described in and subject to Section 9275.4.7 The Development Services Department is recommending that automobile sales having a minimum of 50% new vehicles be included in the list of uses permitted subject to the conditional use permit process. It is staff's opinion that allowing "Automobile Sales" in the CBD zone is consistent with the "Purpose" of the CBD zone in terms of a use serving aregional/community-wide need. The Development -Services Department is recommending approval of this text amendment and introduction of .Ordinance No. 2186 adding Sections 9264.2.9.15 and 9275,1.39.4 to the Arcadia Municipal Code pertaining to automobile sales as follows: 1. Section 9264.2.9.15 be added to "USES SUBJECT TO A CONDITIONAL USE PERMIT" "15. Automobile Sales where at least 50% of the number of automobiles sold or leased from the applicable site during each calendar year are new automobiles." TeMamendment-TA 03-007CC ,_ T.A 2003-007 January 6, 2004 Page 2 2. That Section 9275.1.39.4 be added to "CONDITIONAL USES IN SPECIFIED ZONES." "9275.1.39.4. AUTOMOBILE SALES -where at least 50% of the number of automobiles sold or leased from the applicable site during each calendar year are new automobiles. CBD zone." The Pianning Commission at its December 9, 2003 meeting voted 5 to 0 to recommend to the City Council approval of T.A. 2003-007. ENVIRONMENTAL ANALYSIS The proposed text amendment will not have a potential for causing a significant effect on the environment and is, therefore, categorically exempt from CEQA per Section 15061(b)(3). RECOMMENDATION Introduce Ordinance No. 2186 adding Sections_9264.2.9.15 and 9275.1.39.4 to the Arcadia Municipal Code pertaining to automobile sales. Attachments: Map illustrating CBD zoned areas within the City Ordinance 2186 Categorical Exemption Approved by: "".--'~ William R. Kelly, City Manager Textamendment-TA 03-007CC T.A 2003-007 January 6, 2004 Page 3 '~ ~' --J '. i ii i r__~___ i i '~ ~`"~ N TH SCALE -T:dW' F= WHEELER AVENUE WHEELER • AVENUE W ~~ , ~~ ~~~ ST. JOSEPH STREET ST. JOSEPH STREET --- -- --- I I I W --- ~ ~ I - - -r+- ~ `-- ~ ~. _______ r-,~ ~ Z W ----, ~ ~ ~ ~ ~----- W ----- i i i fA~~CLARA ~STREET~~ Q SANTA CLARA STREET W ~~ > ~~„ ~~ - ~ ~ Q I r- '. a U ~ 1 HUNTINGTON DRIVE ~~ ~~ ~~~ 1 IIII IIl 1 IIIIII W ___ i i i i i Z ~ ~ I W Q ~ A~'~ z ~~ ~~~~ ~~ ~~ a Q F Z (n HUNTINGTON DRIVE 1 -~ 1 ~~~ ~ ~ '. _ __ I J Y. ~~~~~V~V~ i i i i ----j ii i i i ii i i i----- W ALTA STREET ~ 7 Z w ---- ~ ~I I. I I I I W ~ ____, ~ I I I I ~ RONIT/ i i i i ii ii 1 1 i i i i ii ii i i i i i i i i i i i i i i ~ i ri i ~ i i i i i GHLIrVKIVIH J I RCC I - I.+HLIrVR1VIH O I RGC 1 CENTRAL BUSINESS DISTRICT (C.B.D.) ZONE BOUNDARIES 11!2003 a PRELIMINARY EXEMPTION ASSESSMENT `Oe>°aexen'eO° (Certificate of Determination when attached to Notice of Exemption) Name or description of project: Text Amendment T.A. 2003-003 - adding Sections 9264.2.9.15 and 9275.39.4 to permit automobile sales in the CBD (Central Business District) zone with an approved conditional use permit. 2. Location: Properties zoned CBD 3. Entity or person undertaking project: x A. City of Arcadia B. Other (Private) (1) Na (2) Add 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. x The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. X The project is categorically exempt. Applicable Exemption Class: 15061(b)(3) f. The project is statutorily exempt. Applicable Exemption: g. The project is othervvise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency: Name of Lead Agency Date: November 17, 2003; Donna L. Butler Staff 7102 NOTICE OF EXEMPTION TO: County Clerk FROM: Community Development Division County of Los Angeles Development Services Department Corp. Div., Roam 1101, Env. Desk City of Arcadia 12400 E. Imperial Highway 240 W. Huntington Drive Norwalk, CA 90650 Arcadia, CA 91007 1. Project Title: Text Amendment T.A. 2003-007 2. Project Location -Specific: CBD zoned orooerties 3. (a) Project Location -City: Arcadia (b) Project Location -County: Los Angeles 4. Description of nature, purpose, and beneficiaries of Project: Text amendment adding Sections 9264 2 9 15 and 9275.39 4 to oermit automobile sales in the CBD (Central Business Districtl zone with an approved conditional use permit 5. Name of Public Agency approving project: Arcadia Citv Council 6. Name of Person or Agency carrying out project: City of Arcadia Develooment Services Department 7. Exempt status: (Check one) (a) Ministerial project. (b) Not a project. (c) _ Emergency Project. (d) X Categorical Exemption. State type and class number: 15061(bl(3) (e)_ Declared Emergency. (f) _ Statutory Exemption. State Code section number: (g) Other. Explanation: 8. Reason why project was exempt: The activity is covered by the oeneral rule that CEQA applies only to oroiects which have the potential for causino a sionificant effect on the environment. There is no possibility that this text change will have a sionificant effect on the environment 9. Contact Person: Donna L. Butler Telephone: (6261574-5442 10. Attach Preliminary Exemption Assessment (Form "A") before filing. Date Received for Filing: Signature (Lead Agency Representative) (Clerk Stamp Here) Community Develooment Administrator Title 7 .~_ ITiYOFi. ~ ~ ~~C ~ _ -~~ .' ,t, i.: ~',..DA C'TAFF R P ~pT`yT ORPORAT£D •~0o9 '„J 1 L li 1 1 _~1 ®1 t. 1 Office of the City Manager January 6, 2004 TO: Mayor and City Council `, , FROM: William R. Kelly, City Manager ~"~` ~ By: Cindy Flores, Special Assistant to the City Manager SUBJECT: Resolution No. 6401, a Resolution of the City Council of the City of Arcadia,. California, disbanding the Arcadia Centennial Celebration Commission Recommendation: Adopt SUMMARY The 15-member Centennial Celebration Commission appointed by the City Council has concluded the activities of the 2003 Centennial Year. The Commission was appointed by Resolution and it is now appropriate to formally disband the Commission by Resolution. DISCUSSION In June 1997, the City Council adopted Resolution 5995, establishing the Arcadia Centennial Celebration Commission. This 15-member Commission was appointed to plan and organize activities to highlight the City:s 100`h anniversary of incorporation: As the Centennial Year comes to a close, the official duties of the Commission have been completed, and Resolution No. 6401 has been prepared to formally disband the Commission. RECOMMENDATION It is recommendation that the City Council adopt Resolution No. 6401, a Resolution of the City Council of the City of Arcadia, California, disbanding the Arcadia Centennial Celebration Commission, effective January 7, 2004. LASER tIViAGED RESOLUTION NO. 6401 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DISBANDING THE ARCADIA CENTENNIAL CELEBRATION COMMISSION WHEREAS, the Centennial Celebration Commission was established on June 3, 1997, to plan and coordinate events to celebrate the City of Arcadia Centennial Year in 2003; and WHEREAS, the 15-member Commission has succeeded in creating a Centennial Year full of events and activities for the eritire community that marked this historical occasion; and WHEREAS, the Commission has carried out its duties and responsi- bilities in an exemplary manner and with utmost care and precision. NOW, THEREFORE, THE CITY. COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: LASER IMAGED 3P SECTION 1. By adoption of this Resolution, the, Centennial Celebration Commission, having duly performed the duties for which it was created, is hereby disbanded, effective January 7, 2004. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this 6"' day bf January, 2004. JOHN WUO Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM; Ciry Attorney of the City of Arcadia -2- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City'Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No: 6401 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 6th day of January, 2004 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chang, Kovacio, Marshall, Segal and Wuo NOES: None ABSENT: None City Clerk of the City of Arcadia 3 ~3d, Date: To: From: SUBJECT: SUMMARY January 6, 2004 Mayor and City Council STAFF REPORT Administrative Services Deparhnent Tracey L. Hause, Administrative Services Directo~~ Prepared by: Chris Ludlum, Management Analyst In order to amend the City of Arcadia's contract with the Public Employees Retirement System (CaIPERS) allowing retired employees to purchase service credit for military service, Government Code section 20471 requires the adoption of a Resolution of Intention to approve and amendment to the Contract and an Ordinance authorizing the amendment. DISCUSSION In September 1999 and again in October 2001, the City of Arcadia passed Resolutions and adopted Ordinances amending the City's contract with CaIPERS permitting current employees to purchase service credit for past military service. These contract amendments did not allow the same option far retired employees. CaIPERS does allow retired employees to purchase this service credit with an additional contract amendment. Several retired employees have expressed interest in this option. Since this option provides that the employee pays both the employee and employer portions of the retirement contributions, there is no reason not to have this option available to both current and retired employees. LASER IMAGED ~~ Recommendation: Introduce Mayor and City Council January 6, 2004 Page 2 FISCAL IMPACT There is no fiscal impact to the City as a result of this contract amendment as the employee pays both the employee and employer portions of the retirement contribution.. RECOMMENDATION: Adopt Resolution No. 6412, a resolution of intention to approve an amendment to the contract for the Public Employees' Retirement System Military Service Credit for local safety and miscellaneous members 2. Introduce Ordinance No. 2187 authorizing an amendment to the contract between the City Council of the -City of Arcadia and Board of Administration of the California Public Employees' Retirement System Approved: William R. Kelly, City Manager ~~~~R3 ~'t ~• 3 1~ ..e &..'~ c,'rii 1~1 .1 ~~'l~ O~~ a~~1 ~i^ CaIPERS EXHtBI~' Cafifornda Public Employees' Retirement System AMENDMENT TO CONTRACT.. Between the Board of Administration California Public Employees' Retirement System - and the City Council City of Arcadia The Board of .Administration, California Public Employees' Retirement System, hereinafter referred to 'as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into acontract-effective October 1, 1945, and witnessed September 24, 1945, and as amended effective July 1, 1953, January 1, 1957, January 1,'1958, January 1, 1959, January 19, 196.4, February 28, 1985, October 1, 1972, ,tune 24, 1973, January 4, 1978, April. 10, 1977, March 11, 1979, June 22, 1986, November 6, 1988, December 2, 1994, June 4, 1999, October..11,. 1999, December 8, 1999 and October 19, 2001 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said. contract as executed effective October 19, 2001, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1: All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" .shall mean age 55 for local miscellaneous members and age 50 far local safety members, . ~ 4?LE~SE OO NOT SIGN "EX';-~I~IT ~:- . 2. Public Agency shall participate, in'the Public Employees' Retiremen# .System from' and after October 1', 1945 .making .its employees as hereinafter provided,' members of said System subject tq all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting: agency and are not provided for herein and to all ' ' amendmenfs to said Law hereafter enacted except. those, which by . express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following, classes shalt become members of said Retirement System except such in each such class as are excluded by law or this agreement; a. Local 1=ire Fighters (herein referred to as local safety members); b, Local Police Officers, (herein, referred to as local safety members); c. Employees other than local safety members.(herein referred to as local miscellaneou's members). 4. In addition to the classes of employees excluded from membership by . said Retirement Law, the following classes of employees shall not become members of said Retirement System: NQ' ADDITIONAL EXCLUSIONS 5. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to March 31, 1977, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified). 6. The percentage of final compensation to be provided for each year of credited prior'and current service, as a local safety member shall be determined in accordance with Section 21362.2 of said Retiremeht Law .(3% at age 50 Full). 7, Public Agency elected and elects to be. subject to the' following optional provisions: a. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local police members only. b. Section 20042 (One-Year Final Compensation). .. .. ~ PLEASE DO N07 S~~'N "~v;.~,~IIT ~` c. Section 20965 (Credit for Unused Sick Leave). d. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). e.. Section 21D24 (Military Service Credit as Public Service), Statutes of 197"6. f. Section 21574 (Fourth Level of 1959 SurvivorBenefits) for local fire members only. g. Section 21027 (Military Service Credit for Retired Persons). 8. Public Agency, . in accordance with Government Code Section 20790; ceased to be an "employer" for purposes of Section 20834 effective on April 10,.1977. Accumulated contributions of Public Agency-shall be,fixed - and determined as provided in Government Code Section 20834,. and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 9. Public Agency shall contribute to said Retirement System the contributions determined. by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1.959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and .. (iabilities of Public Agency and its employees shall be ponied in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local police members.- b. Contributions required per covered member on account of the 1959 Survivor Benefts provided under Section 21574 of said Retirement Law. (Subject to annual. change.) In addition, all asse€s and liabilities of Public Agency and its employees shall be pooled in a single account, based oh term insurance rates, for survivors of .ail local fire members. . c. A reasonable amount, as fixed. by the Board, payable in one, installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required bylaw, d.. A reasonable amount, as fixed • by the Board, payable in. one installment as the occasions arise, to cover the costs of spedial valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of .Public Agency and its employees shalt be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 12. Contributions~reguired of Public Agency and its employees shall be paid by Public Agency to the Retirement ,System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for ariy period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. .This amendment shall be effective on the day of , _ BOARD OF ADMINISTRATION j`4, ,CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SM CITY OF ARCADIA ~~ BY ,~~ BY KENNETH W. MARION, CHI PRESIDING OFFICER ACTUARIAL & EMPLOYE ICES DIVISION ~, PUBLIC EMPLOYEES' f~~~EMENT SYSTEM ~'`~" C; .~~ ~~ ~~F~ ~ ~''~ Witness Date ~Cg `Attest: ~C~~ a Cl . ~~~`~~ Clerk ~ `~ AMENDMENT ER# 0094 PERS•CON-702A (Rev, 6192) _' V,~_ _,: ~ RESOLUTION N0, 6412 RESOLUTION OF INTENTION' TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN,THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF i41iCADIA WHEREAS,, the Public. Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees'' Retirement System ' by the execution of a•contract, and sets forEh the procedure by.which -said public agencies may elect to subject themselves and their employees to. amendments to said Law; and WHEREAS, one of the steps, in the.procedures to amend this contract is the adoption by the; governing body bf the public agency of a resolution giving notice of its intention to approve: an amendment to said contract,-which resolution shallcontain a summary of the change proposed in said contract; acid WHEREAS, the folfowmg is a statement of the proposed. change: To provide Seetiori 21027 (Military Service Credit for Retired Persons) for local miscel-aneous members arid . Jocal safety members. tvOW, THEREFORE, BE iT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public•agency and the Board of Administration of the Public Employees' Retirement System, a .copy of said amendment being attached hereto, as an "Ex"hibit" and by this reference made a part hereof:' ,Passed, approved and adapted this 6th day of January, 200.4. By: JOHN WUO Presiding OfFcer Mayor ' -ATTEST: Tltie ~ , ~° APPROVED AS TO FORM: City C],erk :.;--- (Amandmanq _~s~ ~' I~~~~ _ ~N-3oz~Re~.a~~, LASER IMAGED City Attorney . CityafArcadia ,`~~~ Y~ 1 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6412 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 6th day of January, 2004 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chang, Kovacic, Marshall, Segal and Wuo NOES: None ABSENT: None .~~~' ~. City Clerk of the City of Arcadia 4 `~~, A s ' J~c08PONATi~~,OO' ~~l 1~~ itJLJ~®~A Public Works Services Department January 6, 2004 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Director Prepared by: Maria P: Aquino, Management Analyst SUBJECT: Professional Services Agreemenr - Recommendation: Authorize the City Manager to enter into a Professional Services Agreement with Hilton, Farnkopf and Hobson, LLC (HFH) to perform a financial audit of commercial waste haulers refuse fee payments and appropriate $48,500 from the Solid Waste Reserve fund. SUMMARY Pursuant to the Arcadia Municipal Code, Section 6434.2(b), each of the City's commercial waste haulers sfiall pay a 9.5% refuse fee to the City of any and all gross monthly receipts resulting from the operation of their business within the City. To ensure that the City is appropriately receiving the required refuse fee payments from its commercial waste haulers, staff prepared a request for proposals to complete a financial audit of the commercial haulers working in the City of Arcadia. On November 7, 2003, two. (2) proposals were received and Hilton, .Farnkopf and Hobson, LLC (HFH) submitted the successful proposal. A staff committee evaluated HFH's qualifications and found them to be the most qualified. HFH has successfully completed similar projects in California and is familiar with our waste haulers and their operations. Staff recommends that the City Council authorize the City Manager to enter into a Professional Services Agreement with HFH and appropriate $48,500 from the Solid Waste Reserve fund for financial auditing of the City's commercial waste haulers covering the calendar years 2002 and 2003. LASER IMAGED 3P Mayor and City Council January 6, 2003. Page 2 DISCUSSION The City of Arcadia presently has four (4) commercial haulers: Consolidated,Disposal Services, Browning-Ferries Industries (BFI), Waste Management Inc. (WMI) and Valley Vista Services. Cumulatively; the four commercial haulers service approximately 822 accounts within the City. The commercial/industrial businesses are free to choose from any of the permitted haulers for refuse collection services. Pursuant to the Arcadia Municipal Code, Section 6434.2(b), the permitted commercial waste haulers are required to pay. a nine and one-half percent (9.5%) refuse fee payment to the City of any and all gross monthly receipts resulting from the operation of their business within the City. Thee revenue generated from this fee provides a portion of the needed funds for the annual operation and maintenance costs of the City's source reduction and recycling element.. The residential contract provides the balance of the City's. source reduction and recycling element. Staff is recommending an audit of its current commercial-waste haulers to review grid verify proper City refuse fee payments covering the calendar periods of 2002 and 2003. Valley Vista Services will not be included in the audit due to its less than one percent of commercial accounts served within the City. Furthermore, performing an audit by experts in the field would identify any underpayment of fees that the City could collect for reimbursement, which could be used for the further implementation of the City's source reduction and recycling program. The scope of services for this Professional. Services Agreement includes a review of the City's fee program, conducting on-site reviews of financial and operating records at commercial waste hauling companies, providing findings and 'recommendations regarding the assessment of fees and the permitting process for commercial refuse haulers, and if'necessary, revising the City's monthly commercial hauler report form. Request for proposals were sent to six (6) qualified consulting firms. Of the six (6), two (2) proposals were received, reviewed, evaluated and ranked by staff according to experience, approach, and understanding of the project. The final phase of the selectiori process included staff's review of the cost proposal and negotiation of a satisfactory Agreement. RANK CONSULTANT 1 Hilton, Farnkopf and Hobson, LLC (HFH) 2 Brown, Vence and Associates LOCATION Newport Beach, CA Roseville, CA ~-~n c..Rs e""F.11.~ Mayorand City Council January 6,2003 Page 3 HFH was rated the most qualified based on their .successful completion of similar projects, commendable background and a thorough approach and understanding of the project. HFH also provides consulting services exclusively to public agencies, which is important for objective fee audits. Staff recommends that the City Councii authorize -the City Manager to enter into a Professional Services Agreement with HFH to review and verify proper City commercial refuse fee payments and appropriate $48,500 from the Solid Waste Reserve fund to the project budget. ENVIRONMENTAL IMPACT The environmental impact study is not necessary for this evaluation: FISCAL IMPACT An appropriation of $48,500 from the Solid Waste Reserve fund is required to enter into a Professional Services Agreement to perform the auditing services on the City's commercial refuse fee payments. RECOMMENDATION Award a Professional Services Agreement in the amount of $48,500 to HFH to perform a financial audit of commercial waste haulers on the City's refuse fee payments. 2. Appropriate $48,500 from the Solid Waste Reserve fund to the project budget. 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:MA:dw 1 ~ ~, ST1~FF 1~P®1ZT Police Department DATE: January 6, 2004 TO: Mayor and Members of the City Council FROM: David H. Hinig, Chief of Polio By: Nancy Chik, Management ~lyst~ SUBJECT: Purchase of Ballistic-Proof Protection PanelslTactical Blanket for the Police Department Recommendation: Waive the requirement for solicitation and receipt of competitive bids due to the sole source availability of this equipment, in accordance with Municipal Code Section 2846.3; and approve the .purchase of ballistic-proof protection pariels/tactical blanket from Instant Armor, Inc. in the amount of $38,459.88. SUMMARY Staff recommends that the City Council accept the bid from Instant Armor Inc. as the sole source vendor and approve the purchase of ballistic-proof protection panels/tactical blanket in the amount of $38,459.88. BACKGROUND AND DISCUSSION The devastating terrorist attack of September 11, 2001, .has brought a new dimension of vulnerability to the forefront for all Americans. The immediate impact upon local-law enforcement has been a move to a heightened state of awareness of threat potential and preparing contingencies for response in the event of a terrorist incident. It is apparent that the first responders to any terrorist incident will always be local public safety. Recognizing that reality, it was made clear that local homeland security preparations must be a part of Arcadia's contingencies. With that in mind, the Police Department compiled a,list of equipment that would be needed in case of a terrorist threat, and the City also received State Homeland Security grants to help pay for some of the equipment. The Department requested the purchase of personal and ballistic protection equipment to be used in emergencies. In situations involving active shooters, homicide bombers, downed victim rescue, and hostage rescue, safety personnel are in need of portable ballistic protection. A TAC III-Plus tactical blariket system LASER fMAGED provides ballistic protection that meets or exceeds the National Institute of Justice standards for Level III protection. The tactical blanket is comprised of several protection pariels that can be used individually for .personal protection or assembled. together to become a "blanket" system. The tactical blanket configuration can be used as a portable barrier and placed in the open to provide cover for personnel, carried by several safety personnel white moving into a hostile area, attached to a vehicle to provide additional ballistic protection, or carried above the heads of safety personnel to protect them from threats above ground level. Currently, Instant Armor Inc. is the only source for this type of ballistic panel that meets the specifications of the TAC III-Plus tactical blanket system. The Administrative Services Director is normally permitted to waive competitive bidding requirements for supplies and equipment that can only be provided by one vendor where the purchase amount is less than $30,000. The quoted price for the five panels and accessories is $38,459.88. Thus, the City- Council must approve awarding the purchase contract herein with a sole source vendor by waiving normal competitive bid requirements, as permitted by Municipal Code Section 2846.3. Staff recommends the purchase of the tactical blanket system. This ballistic panel is an approved purchase by the State Homeland Security Grant and the City will receive reimbursement for this equipment. FISCAL IMPACT The City will pay $38,459.88 for the initial purchase, and the amount will be reimbursed to the City through the State Homeland Security Grant. RECOMMENDATION Waive the requirement for solicitation and receipt of competitive bids due to the sole source availability of this equipment, in accordance with Municipal Code Section 2846.3; and approve the purchase of ballistic-proof protection panelsltactical blanket from Instant Armor, Inc. in the amount of $38,459.88. Approved: =__~ Vyilliam R. Kelly, City Manager (~ np~ !^^^'1 ~.i .1:'J i"i ..P~ f i.3Vf~