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HomeMy WebLinkAboutJuly 6, 2004 ROLL CALL: AGENDA Arcadia City Council and Redevelopment Agency Meeting July 6, 2004 5:00 p.m. Development Services Conference Room City CounciUAgency Members: Chandler, Mazshall, Segal, Wuo and Kovacic 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. CLOSED SESSION a. Pursuant to Government Code Section 54957.6 to confer about labor contract negotiations -California Teamsters Public, Professional and Medical Employees' Union Loca1911 (Confidential, Supervisor, . Professional and General Employee Unit and Public Works Employee Unit), Arcadia Police Officers' Association, Arcadia Firefighters' Association, Management and non-represented employees (City Negotiators William W. Floyd and Tracey Hause) b. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding pending litigation: McKee and Bray v. L. A. IMPACT, Los Angeles County Superior Court Case No. BS089154 6:00 p.m. Reception for recipients of Arcadia Beautiful Awards 7:00 p.m. Council Chambers INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL: Council Members/Agency Members: Chandler, Marshall, Segal, Wuo and Kovacic ~ LASER IIVInuED Gary-A. Kovacic, Mayor .John Wuo, Mayor Pro rempore .Roger Chandler, Gail A. Marsha11,14Tickey Segal, Council Members William R. Kelly, Ciry Manager Jim Qarrows, Ciry Cierk I-~'~ ~^ ' WELCOME TO YOUR CITY COUNCIL MEETING Thank you for attending an Arcadia City Council meeting. The following information is provided to make the meeting a more meaningful and understandable event. The. City of Arcadia is governed by afive-member City Council, which also serves as the Redevelopment Agency. Every even-numbered yeaz, either two or three Council Members are elected at lazge to serve four-yeaz terms. The City Council elects, from its membership, a Mayor to serve as the presiding officer for aone-year period. The City Manager is employed by the Ci[y Council [o carry out its policies and [o serve as the Chief Executive Officer of the City and the Executive Director of [he Redevelopment Agency. REGULAR CITY COUNCIL MEETINGS are held on the first and third Tuesdays of the month at 7:00 p.m. in the Council Chambers located at 240 W. Huntington Drive. Meetings aze broadcast live on cable channel 20 and replayed at various times in the following weeks. From time to time, special meetings are scheduled for specific purposes. The City Council follows a regular order of business, as provided in the agenda for each meeting. The agenda is prepared and made available to the public 72 hours in advance of the meeting. Full agenda packages are available for review prior to the meeting in the City Clerk's Office at City Hall and at the Arcadia Public Library. CITIZEN PARTICIPATION is invited at all City Council meetings. At each regulaz meeting, time is reserve~• for those in the audience who wish to address the City Council on any matter. There is afive-minute time limit per person. Please be aware that, pursuant to the provisions of the Brown Ac[, the City Council is prohibited from taking action on any issue not listed on the agenda, unless an emergency exists requiring City Council action or an urgent need for action arises after the agenda is published. Time is also reserved for individuals wishing to address the City Council about a scheduled "Public Hearing" item. With respect to Public Hearings, persons addressing the City Council should limit their remazks to the matter under consideration. CONSENT CALENDAR items are considered to be routine in nature and may be enacted by one motion. There is no sepazate discussion on these items unless a Council Member so requests. An ORDINANCE is a City law which can only be amended or repealed by adoption of another Ordinance. A proposed Ordinance requires two readings-an introduction and an adoption-at sepazate City Council meetings. Ordinances become effective 30 days after adoption. A RESOLUTION is an official statement of City Council policy, directs certain administrative or legal action, or embodies a public City Council statement. A Resolution is adopted the same night it is proposed. Once adopted, i[ remains City Council policy unless changed by a subsequent Resolution. In compliance ywrth~the AMERICANS WITH DISABILITIES ACT, if you need special assistance tc• participate m a City Council-Etteeting, please contact [he City Manager's Office at (626) 574-5401 at least three (3) working days before the meeting or time when special services aze needed. This notification will help City staff in making reasonable an•angements to provide you with access to the meeting. • 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 Arcadia Beautiful Awards 4. PRESENTATIONS to outgoing Commission Members Helen Dahlstrom, Arcadia Beautiful Commission Gordon Pelrhazlow, Human Resources Commission James Barrows, Recreation and Parks Commission Steve Phillipi, Recreation and Pazks Commission John Evans, Senior Citizens' Commission Edith Nafie, Senior Citizens' Commission 5. ADMINISTRATION OF OATH OF OFFICE TO: Catherine Ken, Arcadia Beautiful Commission Dolores Foley, Human Resources Commission Lori Phillipi, Recreation and Pazks Commission Craig Tom, Recreation and Pazks Commission Irene Petermann, Senior Citizens' Commission Leona Warden, Senior Citizens' Commission (, PUBLIC HEARING -CITY COUNCIL All interested persons ere invited to appear at the Public Hearhrg and to provide evidence or testimony concerning the proposed items of wneideration. You ere hereby advised that should you desire to legally challenge any ecfion taken by the City Covncil with respect to the proposed Item 6a you maybe limited to raism6 only those issues end objections which you or someone else raised at or prior to the time of the Public Hearing. " a. TA 2004 002 a text amendment relating to Advertising Sian Boazds Ordinance No 2196 deleting Section 9275 1 37 of the Arcadia Municipal Code relatine to Advertisine Sien Boazds and adding new secrions ~ohibitine Advertisine Sien Boazds• addme a definition for Advertising Si Boazds• and addin a Messa a Substiturion Clause to the commercial and industrial zoning regulations Recommendation: Approve Text Amendment 2004-002 and Introduce Ordinance No. 2196 TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCH,/REDEVELOPMENT AGENCY (NON-PUBLIC • HEARING/FIVE-MINUTE TIME LIMIT PER PERSON) 7. MATTERS FROM ELECTED OF'F'ICIALS City Council Reports/Announcements/Statements/Future Agenda Items 8. CONSENT-REDEVELOPMENT AGENCY a. Minutes of the June 15.2004 regulaz meeting Recommendation: Approve CONSENT -CITY COUNCIL b. Minutes of the June 15.2004 regular meerins Recommendation: Approve c. Ordinance No. 2194 amending Article IV. Chapter 1, Part 2, Division 8. Section 4128.3 of the Arcadia Municipal Code roertainin~ to vicious and dangerous doss Recommendation: Adopt d. Resolution No. 6438 extendins current levels of comroensation for Ci Council Members. Executive Manaeement, Manasement Employees, and certain part-time/temporary employees Recommendation: Adopt e. Gift of $30.000.00 from the Friends of the Arcadia Public Library for • programs and materials for the Library Recommendation: Accept f. Purchase order contract for Library materials Recommendation: Authorize the City Manager to awazd a purchase order contract to Baker & Taylor for the purchase of books, videos and music products in the amount of $120,000.00 g. Annual tree Crimmins services Recommendation: Reject bid from West Cost Arborist, Incorporated and direct staffto negotiate with vazious companies to acquire an equitable cost to perform tree-trimming services h. Janitorial supplies Recommendation: Awazd a one (1) yeaz contract extension in the amount of $75,000.00 to Delta Distributing, Incorporated for the purchase of janitorial supplies for various City facilities s • i. Geotechnical engineering support services Recommendation: Award a Professional Services Agreement to URS Corporation in the amount of $28,000.00 to provide geotechnical engineering support for 2004 and 2005 9. CITY MANAGER a. .Ordinance No 2191 concerning amendments to the Municipal Code *eQarding door to door peddling soliciting and convassmg Recommendation: Introduce ADJOURN the City Council/Redevelopment Agency to July 20, 2004 at 6:00 p.m., Council Chambers Conference Room in memory of Mas Tanibata L • 4 ANNOTATED COUNCIL AGENDA -CITY OF ARCADIA TUESDAY, JULY 6, 2004 ITEM NO DESCRIPTION ACTION 1. CLOSED SESSION 1. a. Pursuant to Government Code 54957.6 to confer about labor contract No action taken by negotiations -California Teamsters Public, Professional and Medical Employees' the Council Union Local 911 (Confidential, Supervisor, Professional and General Employee Unit and Public Works Employee Unit), Arcadia Police Officers' Association, Arcadia Firefighters' Association, management and non-represented employees (City Negotiators: William W. Floyd and Tracey House). 1. b. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel Letter of Support to regarding pending litigation: McKee and Bray v. L.A. IMPACT, Las Angeles be sent. County Superior Court Case No. BS089154 4. b. PUBLIC HEARING -CITY COUNCIL: TA 2004-002 Approve Text Amendment 2004-002 and introduce an ordinance of the City Approved Council of the City of Arcadia, California deleting Section 9275.1.37 of the TA 2004-002 ORD. 2196 Arcadia Municipal Code relating to advertising sign boards and adding new 5 - 0 sections prohibiting advertising sign boards; adding a definition for advertising sign boards; adding a definition for advertising sign boards and adding a Introduce Ordinance message substitution clause to the commercial and industrial zoning regulations. No. 2196 CONSENT AGENDA (ARCADIA REDEVELOPMENT AGENCYI: 8. a. Request for approval of the minutes of the June 15, 2004 Regular Meeting. Approved 5-0 CONSENT AGENDA (COUNCILI: 8. b. Request for approval of the minutes of the June 15, 2004 Regular Meeting. Approved 5-0 g, c, Adopt an Ordinance of the City Council of the City of Arcadia, California ORD. 2194 amending Article IV, Chapter 1, Part 2, Division 8, Section 4128.3 of the Adopted Ord. 2194 Arcadia Municipal Code pertaining to vicious and dangerous dogs! 5 - 0 g d, Adopt a Resolution of the City Council of the City of Arcadia, California, , RES. 6438 extending Resolutions nos. 6370, 6371, and 6376, as they amend Resolution Adopted Res. 6438 No. 5608, commencing July 1, 2004. 5 - 0 8 e. Accept a donation of $30,000 to the Arcadia Public library from the Friends of . GIFT the Arcadia Public Library for the purchase of library materials and for Approved DONATION programs for children, teens and adults. 5 - 0 8 f Authorize the City Manager to award a purchase order contract to Baker & . . PURCHASE Taylor for the purchase of books, videos, and music products in the amount of Authorized ORDER $120,000. 5 - 0 Pagelof2 LASES I~JfAGEu ~ p 8. g. Reject the bid submitted from West Coast Arborist, Inc. for the City's annual REJECT BID tree trimming services and direct staff to negotiate with interested companies Approved to acquire an equitable cost to perform annual tree trimming services. 5 - 0 8. h. Award a one (1) year contract extension in the amount of $75,000.00 to Delta CONTRACT Distributing Inc. for the purchase of janitorial supplies for various City facilities Approved EXTENSION and authorize the City Manager and City Clerk to execute a contract extension in S - 0 a form approved by the City Attorney. 8. i. Award a Professional Services Agreement in the amount of $28,000 to URS AWARD PSA Corporation to provide Geotechnical Engineering Support and authorize the City Approved Manager and City Clerk to execute an agreement in a form approved by the City 5 - 0 Attorney. 8.a. CI7Y MANAGER: ORD. 2191 Introduce Ordinance Introduce an Ordinance of the City Council of the City of Arcadia, California, 5 - 0 amending Section 6611 through Section 6614.1, Divisions 1 through 5, Chapter 6, Part 1, Article VI of the Arcadia Municipal Code regarding door-to-door peddling, soliciting, and canvassing. S O BE P CED ON FU URE AGENDAS: Page 2 of 2 - - 46:0111 CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY REGULAR MEETING TUESDAY, ]ULY 6, 2004 MINLffES 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, July 6, 2004, 5:00 p.m. in the Development Services Cohference Room pursuant to the previously adjourned Special Meeting. ROLL CALL PRESENT:. Counc(I/Agency Members Chandler, Marshall, Segal, Wuo and Kovacic ABSENT: None. PUBLICOJMMENT TIME RESERVED FOR AUDIENCE PARTICIPATION r Mc ee discussed with the Council/Redevelopment Agency his opinions regarding the language of the Closed Session on the agenda, and specifically his position on item 1. b. L CLOSED SESSION a. Pursuant to Government Code 54957.6 to confer about labor contract hegotietlohs - LABORNEQOIIATIbNS 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' Associatioh, management and non-represented employees (City Negotiators: William W. Floyd and Tracey Hause). b. Pursuant to Govemment Code Section 54956.9(a) to confer with legal counsel regarding PENDING pending litigation: McKee and Bray v. L.A. IMPACT, Los Angeles County Superior Court LITIGATION Case No. 65089154. ~~ The Council recessed at 6:00 p.m. to attend a reception for the recipients of the Arcadia Beautiful Awards. REQ7NVBVE The Regular Meeting of the City Council and Arcadia Redevelopment Agericy was rewnvened in the City Council Chamber at 7:15 p.m. IIVUCX'ATION Reverend Thomas Shriver, Emmanuel Assembly of God PLEDGE OF ALLEGIANCE ROLL CALL 2. Rob Stockly, Mayor of the City'of Sierra Madre PRESENT: Council/Agency Members Chandler, Marshall, Segal, Wuo and Kovacic ABSENT: None. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Bill Kelly, City Manager, had no items to report. 1 L"DER ~Iy1r1ULD 7/6/2004 t1 G 6P 46:0112 Stephen Deitsch, City Attorney, reported that the City Council met in Closed Session regarding Labor Negotiations and a pending litigation (items 1.a. and l.b.). There was no reportable action taken by the Council on Item l.a. The City will lend its support in Item S.b. MOTION -ORD. & It was moved by Council Member Wuo and seconded by Counc(I Member Marshall, then RES. READ BY carried without objection that Ordinances and Resolutions be read by title only and that TITLE ONLY the reading in full be waived. 3. PRESENTATION of Arcadia Beautiful Awards Mayor Kovacic recognized the following recipients of the spring Arcadia Beautiful Awards: Danny and Nicole Tan 1327 Oakwood Drive Richard and Shlrmoi Vethamani 168 Elkins Avenue Elio E. Salvo 1959 Alta Oaks Drive Bill and Bonnie Brassfleld 1515 Rodeo Drive Mitchell and Carla Thomas 978 Fallen Leaf Road Eva Mae Casner 351 North Old-Ranch Road Frances Laidlaw 610 Vaquero Road Robert and Chris McNamara 408 Oxford Drive Thomas and Betty Quayle 373 Harvard Drive George and Judy Jung 531 North Old Ranch Road Michael and Shirley Curley 239 Longley Way Stepan and Linda Vartanian 2001 Elkins Place Amy Chen 1421 Rodeo Road Resident 1205 Rodeo Road Resident 1014 Hampton Road Resident 624 East Noiman Avenue Resideht 1925 South Seventh Avenue Resident 269 West Lemon Avenue Resident 60 West Wistaria Avenue Resident 431 West Camino Real Avenue Fifth Avenue Homeowners Association 615-619 Fifth Avenue Homeowners Association 1024 Fairview Avenue John's Vision Sandwich 305 North Santa Anita Avenue TCM Healing 801 West Huntington Drive Citizens Business Bank 125 North First Avenue 4. PRESENTATION to outgoing Commission Members The Mayor recognized the following outgoing Commission Members: Helen Dahlstrom, Arcadia Beautiful Commission, Gordon Penharlow, Human Resources Commission, James Barrows, Recreation and Parks Commission, Steve Phillips, Recreation and Parks Commission, John Evans, Senior Citizens' Commission, and Edith Nafle, Senior Citizens' Commission. _' .. _ _ Kelly~liddleton, Public Information Officer from the West San Gabriel Valley Mosquito and Vector Control, made a presentation regarding West Nile Virus Including prevention, sources of the virus, symptoms, and how to dispose of dead birds in neighborhoods. 2 7/6/2004 46:0113 5. ADMINISTRATION OF OATH OF OFFICE to incoming Board and Commission Members Jim Barrows, City Clerk, administered the oath of office to the following incoming Board and Commission Members: Catherine Ken, Arcadia Beautiful Commission, Dolores Foley, Human Resources Commission, Lori Ph111ipi, Recreation and Parks Commission, Irerie Petermann, Senior Citizens' Commission. 6. PUBLIC HEARING -CITY COUNCIL a. PUBLIC Bill Kelly; City Manager, stated that this public hearing regarding Text Amendmeht; T.A. HEARING -STAFF 2004-002 was initiated by the Development Services Department at the direction of the REPORT (Text City Council to delete Section 9275.1.37 of the Arcadia Municipal Code relating to Amendmeht 2004- "advertising sign boards" and to add and amend various sections of the code related to 002, Ordinance No. the advertising sign boards. 2196) Don Penman, Assistant City Manager/Development Services Director, introduced Donna Butler, Community Development Administrator, who presented the facts of the Text Amendment staff report. Donna Butler, Community Development Administrator, noted that the Text Amendment would protect the traveling motorist from visual distractions; the addiElon of a message substitution clause would assure that non-commercial speech is not impermissibly treated under the advertising sign board regulations. COUNCIL In response to a question from Mayor Kovacic, the City Attorney noted that the wording DELIBERATION of the Text Amendment would not allow for inappropriate use of the advertising sign boards. PUBLIC COMMENT There was no public comment regarding this issue. MOTION TO CLOSE A motion was made without objection by Council Member Chandler and seconded by PUBLIC HEARING Council Member Segal to close the public hearing. MOTION It was moved by Council-Member Wuo and seconded by Council Member Marshall then carried on roll call vote as follows to approve Text Amendment 2004-002 and Introduce an ordinance of the City Couricil of the City of Arcadia, California deleting Section 9275.1.37 of the Arcadia Municipal Code relating to advertising sign boards; and adding new sections prohibiting advertising sign boards; adding a definition for.adveitising sign boards; and adding a message substitution clause to the commercial and industrial zoning regulations. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo, Kovacic NOES: None. AUDIENCE TIME RESERVED FOR AUDIENCE PARTICIPATION PARTICIPATION __ There were no members of the audience who elected to speak at this time. 7. MATTERS,FROM ELECTED OFFICIALS COUNCIL MEMBER Council Member Marshall thanked the City of Sierra Madre for inviting Arcadia to MARSHALL participate in their Fourth of July parade; she announced the July 17"', 12:30p.m. grand opening of the Eisenhower Dog' Park; she noted the free "concerts on the lawn" summer program at City Hall, which is held every Thursday, 7:00 p.m.; lastly, she read a quote 7/6/2004 46:0114 from the late President Ronald Reagan, "We are one nation under God, if you take God out, we will be a nation gone under." COUNCIL MEMBER Council Member Segal commended the City Manager and City Council members for the SEGAL brainstorming session conducted July 1 and suggested that a similar meeting be herd each year; he congratulated his parents on their SOu' wedding anniversary and thanked his wife for all of her efforts oh the event. COUNCIL MEMBER Thanked all the Arcadia Beautiful recipients- for .their hard work in keeping them CHANDLER properties beautiful. COUNCIL MEMBER Council Member Wuo congretulated the Spring Arcadia Beautiful Award recipients; he WUO offered congratulations to Arcadia Methodist Hospital on their June 25`h Crystal Ball event where Peggy and Andrew Cherng were feted; he mentioned that the June 30~' event at the Church of Latter Day Saints was very moving; and announced that the Arcadia Police Association would be holding their annual Monte Carlo fundraiser event on Saturday, July 10"'. MAYOR Mayor Kovacic requested that residents donate any extra fruit from their trees to the KOVACIC Foothill Unity Center who will distribute the fruit to the needy. CITY CLERK City Clerk Barrows thanked the Council for the plaque given to him for his service on the BARROWS Recreation and Community Services Board; he congratulated Roberta White on her new position as Recreation and Community Services Director, and wished all residents a Happy Fourth of July. 8. 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 June 15, 2004 Regular Meeting. (Redev. Agency) MOTION - It was moved by Agency Member Chandler and seconded by Agency Member Marshall, CONSENT AGENDA then carried on roll call vote to approve Item 8.a, on the Arcadia Redevelopment Agency consent calendai. 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 June I5, 2004 Regular Meeting. (City Council) c._ORDINANCE Adopt an Ordinance of the C1ty Councl of the, City of Arcadia, California amending Article No. 2194 N, Chapter 1, Part 2, Division 8, Section 4128.3 of the Arcadia Municipal Code pertaining to vicious and dangerous dogs. d. RESOLUTION Adopt a Resolution of the City Council of the City of Arcadia, California, extending N0. 6438 Resolutions Nos. 6370, 6371, and 6376, as they amend Resolution No. 5608, commencing July 1, 2004 (extending current levels of compensation for City Council Members, Executive Management, Management Employees, and certain part-time and temporary employees). 4 7/6/2004 46:0115 e. ACCEPT Accept a donation of $30,000 to the Arcadia Public Library from the Friends of the DONATION Arcadia Public Library for the purchase of library materials and for programs for children, teens and adults. f. PURCHASE Authorize the City Manager to award.a purchase order contract to Baker & Taylor for the ORDER CONTRACT purchase of books, videos, and music products in the amount of $120,000. g. REJECT BID Reject the bid submitted from West Coast Arborist, Inc. for the City's annual tree trimming services and direct staff to negotiate with Interested companies to acquire an equitable mst to perform annual tree trimming services. h. AWARD Award a one (1) year contract extension in the amount of $75,000.00 to Delta CONTRACT Distributing Inc. for the purchase of janitorial supplies for various City facilities and authorize the City Manager and City Clerk to execute a contract extension In a form approved by the City Attorney. ' i. AWARD PSA Award a Professional Services Agreement in the amount of $28,000 to URS Corporation to provide geotechnical engineering support and authorize the City Manager and City Clerk to execute an agreement in a form approved by the City Attorney. MOTION - It was moved by Council Member Chandler and seconded by Council Member Marshall, CONSENT AGENDA then carried on roll call vote to approve items 8. b through 8. I. on the City Council wnsent calendar. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic NOES:. None 8. CITY MANAGER a. ORD. 2191 Bill Kelly, City Manager, stated that the purpose of th(s report was to provide the Council with information regarding certain sections of the Arcadia Municipal Code pertaining to door-to-door peddling, soliciting and canvassing, as they have not been updated in many years. Mr. Penman, Assistant City Manager/Development Services Director, in response to calls; for both for-profit and non-profit, review determined that change was necessary to develop new standards; tighten some of the regulations, case law required that some section be deleted; cannot regulate non-profits, but can make other regulation consistent with the case law. In response to a question from Council Member Marshall, City Attorney noted that door- to-door solicitation is prohibited between the hours of dusk and Sam of any day. MOTION - It was moved by Council Member Segal and seconded by Council Member Chandler then PROFESSIONAL carried on roll call vote to introduce an ordinance of the City Council of the City of SERVICES AGRMT. Arcadia, California, amending Section 6611 through Section 6614.1, Divisions 1 through 5, Chapter 6, Part 1, Article VI of the Arcadia Municipal Code regarding door-to-door peddling, soliciting, and canvassing. . ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None 7/6/2004 46:0116 ADJOURNMENT Noting no additional business, at 8:20 p.m. the City Council/Redevelopment Agency (to July 20, 2004, adjourhed its Regular Meeting in memory of Mas Tanabata and Ray Rogers to July 20, 6:00 p.m.) 2004 at 6:00 p.m. in the City Council Chamber Conference Room. James Barrows, City Clerk by: ~~~ Vida Tolman/Chief Deputy City Clerk 7/612004 ,: -. July 6, 2004 STAFF REPORT Development Services Department TO: Arcadia City Council FROM: Don Penman, Assistant City Manager/Development Services Director By: Donna L. Butler, Community Development Administrator SUBJECT: Consideration of Text Amendment No TA 2004-002 relating to Advertising Sign Boards (Billboards) Recommendation: Introduce Ordinance No. 2196 an Ordinance of the City Council of the City of Arcadia,. California, deleting Section 9275.1.37 of the Arcadia Municipal Code relating to Advertising Sign Boards and • adding new sections prohibiting Advertising Sign Boards; adding a definition for Advertising Signs Boards and adding a Message Substitution Clause to the commercial and industrial zoning regulations SUMMARY Text Amendment T.A. 2004-002 was initiated by the Development Services Department at the direction of the City Council to delete Section 9275.1.37 of the Arcadia Municipal Code relating to "advertising sign boards" and to add and amend various sections of the code relating to advertising sign boards. The Planning Commission at its June 8, 2004 meeting voted 5 to 0 to recommend to the City Council approval of this text amendment. The Development Services Department is recommending approval of text amendment T.A. 2004-002 as set forth in the staff report and introduction of Ordinance No. 2196 deleting Section 9275.1.37 of the Arcadia Municipal Code relating to Advertising Sign Boards and adding new sections prohibiting Advertising Sign Boards; adding a definition for Advertising Signs Boards and adding a Message Substitution Clause to the commercial and industrial zoning regulations. LASER IMAGED ~~ '~ ANALYSIS The City Council at its May 4, 2004 meeting directed gtaff to prepare the proposed text amendment deleting "Advertising Sign Boards" commonly referred to as "Billboards" from the Arcadia Municipal Code. Billboards or advertising signboards are permitted in the M-1 or any less restrictive industrial zone with an approved conditional use permit based on specific regulations set forth in Section 9275.1.37 of the Arcadia Municipal Code. Currently there are no billboards within the City. It is staffs opinion that deletion of this section of the code would protect the motoring public from visual intrusion and competition for attention that could cause traffic safety issues. The Development Services Department is recommending deletioh of advertising sign boards and addition of a "message substitution" clause as well as a definition for "Advertising sign board". The "message substitution" clause permits the substitution of noncommercial messages anywhere that commercial messages are permitted to assure that non-commercial speech is not impermissibly treated. As an example if Matrix Beauty Salon wanted to change the face of their sign to read "Stop the War' or "Support the Troops," they would be allowed to do so providing that the total sign area does not exceed what is permitted in the code. The likelihood of a business giving up their sign face for this type of use is minimal, but the "message substitution" clause can be used to counter legal arguments that strict restrictions or prohibitions on billboards do not leave open ample alternatives to display noncommercial messages. However, if Matrix Beauty Salon wanted to rent their sign face for another business down the street such as "Frank's Flowers" they would not be able to do so because this would be considered an "off-premise advertising sign board" which is prohibited by this text change. A definition for Advertising Sign Board is also being proposed to insure that an advertising signboard is not construed as a "freestanding sign" which the code permits. The following changes are proposed: 1. Delete in its entirety Section 9275.1.37 in the conditional use permit .section of the Arcadia Municipal Code relating to "Advertising Sign Boards". 2. Addition of the following wording (in italics) to "Section 9260.3.3.2. Permitted and Prohibited Signs" in the CPD-1 zone: Q~~AV~I ~332A.1 CC -TA 2004-002 July 6, 2004 Page 2 • • r1 U • 9260.3.3.2. PERMITTED AND PROHIBITED SIGNS. Signs of the type listed below which advertise a business conducted on the premises on which the sign is located are permitted: 1. Wall Sign 2. Freestanding Sign 3. Marquee Sign 4. Portable Signs Signs of the fype listed below shall be prohibited: 1. Off-premises advertising sign boards, outdoor advertising structures, or billboards as defined in the California Business and Professions Code, Section 5200 et seq." 3. Add the following sections to the C-O (9261.4.1.4) and M-1 (9266.2.8.12) zones to read as follows: (Code Section). "PROHIBITED SIGNS. Signs of the type listed below shall be prohibited: Off-premises advertising sign boards, outdoor advertising structures, or billboards as defined in the California Business and Professions Code, Section 5200 et seq." • 4. Add the following subsections to the C-1 zone (9262.4.3.C. Prohibitions) to read as follows: "5. Off-premises advertising sign boards, outdoor advertising structures, or billboards as defined in the Califomia Business and Professions Code, Section 5200 et seq." 5. Add the following sections to the CPD-1 (9260.3.3.8), the C-O (9261.4.1.3), the C-1 9262.4.21, and the M-1 (9266.2.8.13) zones to read as follows: (Code Section). "MESSAGE SUBSTITUTION. In each instance and under the same conditions under which this chapter permits any sign or commercial message, a noncommercial message or sign may be substituted." Add the following definition to Part 2 Definitions: "9220.2.2. ADVERTISING SIGN BOARD. Advertising sign board is a billboard, off-premise advertising sign board or outdoor advertising structure that has a flat surface sign space upon which advertising may be posted, painted or affixed and that is primarily designed for the rental or lease of such sign space for advertising not relating to the use of the • property upon which the sign exists." CC -TA 2004-002 July 6, 2004 Page'3 ENVIRONMENTAL ANALYSIS The proposed text amendment is exempt from the requirements of the California Environmental Quality Act (CEQA). There is no possibility that the text amendment, by itself, will have a significant effect on the environment under Section 15061(b)(3) of the CEQA Guidelines, and this text amendment does not constitute a "project" under Section 15378(b)(2) of the CEQA Guidelines. Approve Text Amendment T.A. 2004-02 and introduce Ordinance No. 2196 deleting Section 9275.1.37 of the Arcadia Municipal Code relating to Advertising Sign Boards and adding new sections prohibiting advertising sign boards; adding a definition for advertising signs boards and adding a message substitution clause to the commercial and industrial zoning regulations. Approved by: "'~-~J William R. Kelly, City Manager Attachments:Ordinance 2196 Categorical Exemption • CC -TA 2004-002 • July 6, 2004 Page 4 M NOTICE OF EXEMPTION TO: County Clerk County of Los Angeles Corp. Div., Room 1101, Env. Desk 12400 E. Imperial Highway Norwalk, CA 90650 1. Project Title: FROM: Community Development Division Development Services Department City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 Text Amendment T.A. 2004-002 2. Project Location -Specific: 3. (a) Project Location -City: Arcadia (b) Project Location -County: Los Anoeles 4. Description of nature, purpose, and beneficiaries of Project: Text Amendment T.A. 2004-002 deletino Section 9275.1.37 of the Arcadia Municipal Code relating to Adveritsinc Sion Boards and addino new sections relating to Messaoe Substitiution Clause in Title 4 Sion regulations as well as in the M-1 zone 5. Name of Public Agency approving project: Arcadia Citv Council 6. Name of Person or Agency carrying out project: City of Arcadia Development 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: 6. Reason why project was exempt: The activity is covered by the general rule that CEQA applies only to oroiects which have the ogtential for causing a significant effect on the environment. There is no possibility that this text change will have a significant effect on the environment 9. Contact Person: Donna L. Butler Telephone: 1626) 574-5442 10. Attach Preliminary Exemption Assessment (Form "A") efore fj ing. Date Received for Filing: nature (Lead Agen en a ive) (Clerk Stamp Here) Community Development Administrator • Title NOTICE OF PUBLIC HEARING BEFORE THE '~..",.,.e~'` ARCADIA CITY COUNCIL NOTICE IS HEREBY GIVEN that a PUBLIC HEARING will be held by and before the ARCADIA CITY COUNCIL to determine whether or not the following request should be approved, conditionally approved or denied. APPLICATION: Text Amendment No. 2004-002 REQUEST: Text Amendment deleting Section 9275.1.37 relating to Advertising Sign Boards, adding new sections in the commercial sign regulations and the M-1 zoning regulations addressing advertising sign boards, adding a definition for advertising sign boards, and adding a "Message Substitution Clause" in the commercial sign regulations as well as the M-1 zoning regulations. APPLICANT: Initiated by the City of Arcadia, Development Services Department ENVIRONMENTAL Categorically exempt - 15061(b)(3) and 15378(b)(2) DOCUMENT: DATE AND HOUR Tuesday, July 6, 2004 at 7:00 p.m. OF HEARING: PLACE OF HEARING: Arcadia City Hall Council Chambers 240 West Huntington Drive, Arcadia, California ~e application file Is available for review at the Planning Services offices. This case will not alter the zoning of any property. The purpose of the Public Hearing is to provide the public an opportunity to be heard concerning the proposed text amendment. All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed text amendment. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to the proposed text amendment you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. Persons wishing to comment on the text amendment or the Environmental Document may do so at the Public Hearing or by writing to the Community Development Division prior to the July 6 Public Hearing. It is in the best interest of any concerned party to be present at the Public Hearing. For further information regarding this matter, please contact Donna Butler by calling (626) 574-5442 in City Hall or by writing to the Community Development Division at 240 West Huntington Drive, P. O. Box 60021, Arcadia, CA 91066-6021. Arcadia City Hall is open Monday through Thursday, from 7:30 a.m. to 5:30 p.m., and on alternate Fridays from 7:30 a.m. to 4:30 p. m. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Public Hearing, please contact the City Clerk's Office at (626) 574-5455 at least three (3) working days before the meeting or time when such special services are needed. This notification will help city staff in making reasonable arrangements to provide you with access to the Public Hearing. a Tolman ief Deputy City Clerk/Records Manager Date Published: June 20, 2004 lapa{6tl Utl1UW IUr Uatl~I.VUIIIy NtlrR uNlyl y. • ~4-f ~ Ii0 ~.., ARCADIA TRIBUNE ~ ~ It ~Q RECEIVED affiliated with SGV Newspaper Group ~~N 2 8 2004 1210 N. Azusa Canyon Road West Covina, CA 91790 cmoFARCnnw cm aEwc PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. I am the principal clerk of the printer of ARCADIA TRIBUNE, a newspaper of general circulation which has been adjudicated as a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of May 11, 1931, Case Number 320077. The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 6/20/04 I declare under penalty of perjury that the foregoing is true and correct. Executed at West Covina, LA Co. California this ~Q day of , 20 4-4_. /~,r.{U s gnature a Proof of Publication of NoricE' oc PuB~ililPaste Clipping of Notice • HEARING 'SECURELY in this space. . 'BEFORE THE ~ ~~' ' ARCAOYA CITY COUNCIL .NOTICE IS HERE-` BY• GIVEN lhof ~'d PUBLIC.'. HEARING' will. be held by .and} before the .ARCADIA CITY ~GOUNCIL fo neo}erm'he Whfolhowtnai ACCOUNT 1F4464471 Tez aeleilnl .9475:1.3 Ailvertlsinl 1s, 'atldlnr ns in fhi regulation: adveriisint adding-< foi sigr "-wading ,r lubstifufiar in fhe sigr as well of oaln6 ':.initiatec ~PArcatlla, 1 $erV(Ce5 EETN T r el(eTPt~,~ ;and are ai AD NUMBER 93132 o. oY ;~ ORDINANCE N0.2194 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA CALIFORNIA AMENDING ARTICLE N TCI~ ARCA~ A~MiT1vICIPAL CO>~E EPERTAINING TOO VICIOUS AND DANGEROUS DOGS THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 4128.3 of Article N, Chapter 1, Part 2, Division 8 of the Arcadia Municipal Code is hereby amended to read as follows: (a) The Poundmaster or ariy peace officer shall have the power to summarily and immediately seize and impound a dog appearing on or off leash in any public place, neighborhood or other public location, where there is probable cause to believe that a dog has attacked, assaulted, bitten or injured any human being or other animal, or the dog poses an immediate threat to public safety. The Poundmaster or any peace officer may enter and inspect private property to enforce the provisions of this Division. 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. 1 LASER IiVi~GED 3 -•..._ This ordinance shall take effect on the thirty-first (31~`) day following its adoption. Passed, approved and adopted this 6th day of July , 2004. r ~1 G~R~ ®K A ~ Mayor of the City of Arcadia ATTEST: f~l 9A,~IIES H. RARRO~NS City Clerk of the City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 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 Ordinance No. 2194 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 Juiy, 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 IS/JAMES Ho BARROWS City Clerk of the City of Arcadia 3 • ', DATE: July 6, 2004 STAFF REPORT Administrative Services Department TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Direct SUBJECT: certain part-time/temgorarv Emplovees Recommendation: Adopt SUMMARY Fringe benefits and related compensation for management and general employees through June 30, 2004 were authorized with the adoption of Resolution Nos. 6370, 6371, and 6376. It is recommended these benefits and related compensation be extended on an interim basis effective July 1, 2004, in order to ensure current levels of compensation remain authorized. DISCUSSION The City of Arcadia provides various fringe benefits and related compensation for its officers, management, executive management, and all part-time/temporary employees of the City as stipulated in Resolution No. 5608. On July 15, 2003, Resolution Nos. 6370, 6371, and 6376 were adopted setting forth certain amendments and modifications to Resolution No. 5608 specifically for the 2003-2004 fiscal year. Staff is not prepared to recommend any benefit changes at this time, as Memorandums of Understanding are being clarified and completed with represented employees. In order to ensure current fringe benefits and related compensation remain in effect after June 30, 2004, it is recommended the benefits described in Resolution Nos. 5608, 6370, 6371, and 6376 be extended. The proposed Resolution also includes an update to the Severance Pay section of the Fringe Benefit Resolution. LASER IMAGED gd, Mayor and City Council July 6, 2004 Page 2 FISCAL IMPACT Sufficient funds to extend the various fringe benefits and related compensation for officers, management, executive management, and all part-time/temporary employees as outlined in Resolution Nos. 5608,6370, 6371, and 6376 have been proposed in the fiscal year 2004-2005 budget. RECOMMENDATION That the City Council adopt Resolution No. 6438, a Resolution of the City Council of the City of Arcadia, California extending current levels of compensation for City Council Members, Executive Management, Management Employees, and certain Part•TImelTemporary Employees commencing. July 1, 2004, Resolution Nos. 6370, 6371, and 6376, as it is amended Resolution No. 5608 r1 U Approved: ~ r~ • William R. Kelly, City Manager, TLH:CL: • d3~~~11 fl3%~1.I RESOLUTION NO. 6438 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, EXTENDING RESOLUTION NOS. 6370, 6371, AND 6376, AS THEY AMEND RESOLUTION NO. 5608, COMMENCING JULY 1, 2004 WHEREAS, City Council Resolution No. 5608 (the "Fringe Benefit Resolution") sets forth various fringe benefits and related compensation for management employees, executive management employees and all part-time temporary employees of the City of Arcadia; and WHEREAS, Section 36 of the Fringe Benefit Resolution provides for its amendment and modification by City Council resolutions that direct inclusion of any changes as part of the Fringe Benefit Resolution; and WHEREAS, City Council Resolution Nos. 6370, 6371, and 6376 set forth certain amendments to and modifications of the Fringe Benefit Resolution with respect to the 2003-2004 fiscal year; and WHEREAS, the City Council desires to extend, on an interim basis and until adoption of further resolutions governing these matters, the terms and provisions of Resolution Nos. 6370, 6371, and 6376. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: LASER IMAGED Sp SECTION 1. The City Council hereby extends Resolution Nos. 6370, b371, and 6376, commencing July 1, 2004. SECTION 2. SEVERANCE PAY -Section 30 of the Fringe Benefit Resolution is hereby amended by deleting Subsection B and substituting therefor a new Subsection B to read in its entirety as follows: "A Department Administrator whose position is abolished or vacated by a reduction in work load or lack of funds, or who is involuntarily removed-from his/her, position and has at least one (1) year of consecutive full-time service with the City may receive, upon termination, severance pay. Severance pay as authorized by the City Manager, shall be a lump sum payment, and can be any amount up to three (3) months salary. The displaced employee shall also receive paid health insurance (at the employee's current coverage) in addition to any coverage remaining in the month of layoff or termination. The amount of paid health insurance coverage shall be equal to the amount of the severance pay in the above paragraph. At the discretion of the City Council, the severance pay and continuation of health benefits maybe increased for an additional period of time. Effective July 1, 2004, Department Administrators shall include the Chief of Police, Fire Chief, Assistant City Manager/Development Services Director, Public z Works Services Director, Administrative Services Director, Recreation and Community Services Director, Library and Museum Services Director." SECTION 3: Except as amended by this Resolution, all other sections of previously adopted resolutions, not otherwise rescinded or amended, regarding benefits and compensation for management employees, executive management employees and all part-time temporary employees shall remain in full force and effect including, without limitation, Resolution Nos. 6370, 6371, and 6376. SECTION 4. The Administrative Services Director shall iriclude in the Fringe Benefit Resolution all amendments to and modifications of Resolution No. 5608, as previously amended by Resolution Nos. 6370, 6371, and 6376, that are set forth in this Resolution No. 6438, and shall provide for the original of the Fringe Benefit Resolution, as amended, to be kept in the Office of the City Clerk, with copies to be kept by all City departments. SECTION 5. The•City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 3 Passed, approved and adopted this 6th day of July , 2004. l~l l~i~RY !!a 'W"bs'~ Mayor of the City of Arcadia ATTEST: IS/ JAINES H. BARROWS City Clerk of the City of Arcadia APPROVED AS TO FORM: cam- C? k~ Stephen P. Deitsch City Attorney 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. 6438'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 July, 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 /S/JAMES H. BARR01l~S City Clerk of the City of Arcadia 5 • A d. STAFF REPORT Arcadia Public Library July 6, 2004 TO: Mayor and City Council FROM: Janet Sporleder, Director of Library and Museum Services SUBJECT: Gift of $30,000 from the Friends of the Arcadia Public Library for programs and materials for the Library. Recommendation: Accept the donation Summary: The Friends of the Arcadia Public Library are offering the Arcadia Public Library a donation of $30,000 for the purchase of books and other materials and for programs for the public at the Library. • Discussion: The Friends of the Arcadia Public Library, as part of its ongoing mission to support the Library's goals and objectives, is donating a total of $30,000 to the Library. For many years now, funds from the Friends have been supporting the Summer Reading Program in the Children's Services Division of the Library. This yeaz, for the first time, the Library is offering a Teen Summer Reading Program. This donation will be used for supplies, entertainers and books for the summer program. Funds will also be used to support other programs throughout the yeaz for children, teens and adults. There is considerable demand in the Library for new audiovisual materials, including books on tape and on CD, music on CD, videos and DVD's. These funds will enable the Library to purchase new audiovisual materials for both the adult and children's collections. Funds will also be used to purchase online databases that will be available to people either in the Library or from their personal computer at home or elsewhere. Subscriptions supported with this donation include Heritage Quest which offers access to genealogy and old census records, Novelist which provides reader's advisory, Grolier Databases for children, and the Statesman's Yearbook, a database of information about each country in the world. All gifts to the Library aze subject to approval by the City Council pursuant to City Charter article VIII section 809 (d). • LASER I,°~A~Fp ~ e Fiscal Impact: The Library will experience an added $30,000.00 to its budget allocation. • Recommendation: Accept the donation of $30,000 to the Arcadia Public Library from the Friends of the Arcadia. Public Library for the purchase of library materials and for programs for children, teens and adults. Approved by: ~!=~ William R. Kelly, City Manager • • ~~~~;~j;l R~Z~~ STAFF REPORT Library and Museum Services Department July 6, 2004 TO: Mayor and City Council FROM: Janet Sporleder, Director of Library and Museum Services SUBJECT: Purchase Order Contract for Library Materials v Reconunendation: Authorize the City Manager to awazd a purchase order contract to Baker & Taylor for the purchase of books, videos and music products in the amount of $120,000. SUMMARY Staff is recommending the City Council awazd a sole source purchase order contract with Baker & .Taylor, a supplier of library materials, for the purchase of books, videos and music products in the amount $120,000. Sufficient funds aze available in the 2004-2005 FY budget. In order to facilitate and expedite the acquisition of new library materials, the Library has been utilizing the services of Baker & Taylor, a supplier of book, video and music products to libraries. Baker & Taylor's two-million record database of book and audiovisual titles is maintained continuously, with more than one million updates each yeaz from 65,000 publishers and the Library of Congress. Ordering through the Baker & Taylor web site improves efficiency and expedites delivery in a timely fashion. As a member of the Metropolitan Cooperative Library System, the Library is eligible for discounts averaging about 40% per title. Baker & Taylor services include: receipt of in-stock materials within two working days; free MARC (a library standard for bibliographic records in machine readable form) downloads into our library automation system; collection development tools; automatic services for best sellers, special collections, and new editions of reference works; free shipping from their primary service center. In June 2002, the Library conducted an informal evaluation process, including in-person interviews with three materials vendors: Baker & Taylor, Brodart and Ingram. It was determined that certain services of vital interest to the Library are only available through Baker & Taylor. These include: • • Audio-visual materials (Brodart does not supply AV items and Ingram does so only through a third party, which would require additional shipping chazges) LASER IMAu~D ~ ~- • Extensive foreign language collection (Brodart does not supply non-English materials and Ingram has fewer titles available) • Complete MARC-formatted bibliographic records for materials (both Brodart and Ingram • supply brief MARC records; full MARC records are available only for an additional per record charge) • Free downloading of bibliographic records for materials not purchased from B&T (neither Brodart or Ingram offers this service, which is essential for donations and items ordered from other vendors) • Duplicate checking, allowing staff to prevent double-ordering of materials, both in the current order and across the costumet's previous ordering history (Brodart's system will only check the current order; Ingram does not offer this feature) • Faster delivery of new items (Baker and Taylor materials often arrive the next day; Brodart and Ingram require 3-5 working days, primarily because their shipping centers aze farther away) • Very liberal returns policy, even if the mistake is made by the customer (Brodart and Ingram have complicated returns policies and will not accept returned materials if the customer mistakenly orders an item) In addition, the Library had approximately twelve staff members undergo extensive training in the use of Baker & Taylor's electronic services, including acquisitions and collection development options for reviewing and selecting new materials on different subjects. Switching to another vendor would result in extensive re-training and significant loss of staff productivity. New books and other library materials are purchased directly from publishers and other sources when they aze not available through Baker & Taylor or if additional discounts aze available. by ordering direct. • But using a distributor to coordinate and expedite the acquisition process is the most efficient and cost- efficient procedure, and staff will utilize Baker &Taylor's services whenever possible. FISCAL IMPACT A total of $214,800 has been budgeted in the 2004-2005 Operating Budget for the purchase of new library materials for adults and children, providing adequate funds for the proposed purchases through the services ofBaker & Taylor. RECOMMENDATION Authorize the City Manager to award a purchase order contract to Baker & Taylor for the purchase of books, videos and music products in the amount of $120,000. Approved by: William R. Kelly, City Manager • `,~urZ':~,i p~2AJ c "00$AORAT'®9~~004 STAFF REPORT Public Works Services Department July 6, 2004 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Direct r Prepared by: Tom Tait, Field Services Manager Maria Aquino, Management Analyst SUBJECT: Reiect: Annual Tree Trimming Services Recommendation: Reject bid from West Coast Arborist Inc., and direct staff to negotiate with interested companies to acquire an equitable cost to perform these services SUMMARY • On January 21, 1997, the City of Arcadia entered into a cooperative purchasing arrangement with the City of Tustin and several other cities in Los Angeles County to secure an extremely competitive rate with West Coast Arborist, Inc., (WCA) to perform annual tree-trimming services. Section 7 of the agreement allowed up to three,'one- year contract extensions. Subsequently, on June 6, 2000, after two (2) contract extensions, the City Council awarded a four (4) year contract extension to West Coast Arborists, Inc. to perform annual tree-trimming services for the City. The existing agreement does not provide for' any additional extensions to the contact. A Notice of Inviting Bids was published in local newspapers to solicit bids for the City's 2004-05 annual tree trimming services. On May 12, 2004, four (4) companies attended the pre bid meeting held at the Public Works. Services Center. On June 2, 2004, only one (1) company (West Coast Arborist Inc.) submitted a bid for the City's annual tree trimming services. The bid submitted by WCA was $414,500, which is twice the original cost to perform the annual tree trimming services for the City. Based on the inadequate number of bids and the substantial cost increase for these services, staff recommends that the City Council reject the bid from West Coast Arborist Inc. for annual tree trimming services and direct staff to negotiate with interested companies to acquire an equitable cost to perform these services. C~ LASER IMAGED ~ ~ ~~ Mayor and City Council July 6, 2004 Page 2 DISCU5SION The Public Works Services Department is responsible for the care and maintenance of approximately 17,500 trees located in its parks, parkways, medians, and public facilities throughout the City. Since 1993 the City has contracted with private companies for local tree trimming services. The contract provides trimming services for approximately 4,500 trees annually. Between 1993 and 1997 the City spent an average of $65 per tree for routine tree trimming services. In January 1997, Arcadia was able to enter into an Agreement with optional contract extensions with West Coast Arborist,. Inc., for a significantly reduced rate of $39 per tree. On June 6, 2000, the City Council awarded another four (4) year contract extension to West Coast Arborists, Inc. but it did -hot provide additional extensions to the contract. Moreover, on June 2, 2004, West Coast Arborists Inc. submitted abid-for approximately $75 per tree, which is near double the cost for previous tree trimming services. Staff recommends that the City Council reject the bid from West Coast Arborist Inc. for annual tree trimming services and direct staff to negotiate with interested companies to acquire a more equitable cost to perform these services. ENVIRONMENTAL ANALYSIS Pursuant to Section 15302, Replacement or Reconstruction, of the California Environmental Quality Act, this project is categorically exempt. FISCAL IMPACT Funds in the amount of $205,000 are budgeted in the 2004-2005 Operating Budget for these services. RECOMMENDATIONS 1. Reject the bid .submitted from West Coast Arborist Inc., for. the City's annual tree trimming services 2. Direct staff to negotiate with interested companies to acquire an equitable cost to perform annual tree trimming services Approved: ~Cd.~~ .="!"y William R. Kelly, City Manager PM:TT:dw C~ f'~1 LJ l:?s{ck~i~ Ji~Cri1~ CITY OF ARCADIA, CALIFORNIA • NOTICE INVITING BIDS SEALED PROPOSALS will be received in the office of the City Clerk, City Hall, City of Arcadia, California, up to 11 :00 o'clock a.m. on June 2, 2004 at which time they will be publicly opened and read for the following project: 2004-2005 TREE MAINTENANCE PROGRAM Bid Documents may be obtained from the Arcadia Public Works Services Department at 11800 Goldring Rd., Arcadia, CA 91006 (626) 256-8554 fora non- refundable fee of $25.00 ($40.00 if mailed). Bid submittals must be returned to the attention of the City Clerk, City Hall, City of Arcadia, 240 W. Huntington Dr., Arcadia, California 91007 in a sealed envelope. The words "2004-2005 Tree Maintenance Program" must appear on the envelope. The work consists of furnishing all labor, materials, and equipment required for Tree Maintenance in the City of Arcadia as indicated by the specifications attached hereto. Bids shall be submitted on forms furnished by the City. Each bid must be accompanied by cashier's check payable to or bidder's bond on the City's bond form in favor of the • City of Arcadia by a surety company authorized to do business in the State of California, and subject to approval of the City Attorney, in an amount equal to at least ten percent (10%) of the amount of the bid, such guarantee to be forfeited should the bidder to whom the contract is awarded fail to timely execute the contract and deliver the necessary bonds and insurance certificates as specified in the contract documents. A mandatory pre-bid meeting is scheduled for all contractors in order to provide information and review the scope of work. The pre-bid meeting will be held on May 26, 2004 at 10:00 a.m., at the Public Works Services Center, 11800 Goldring Road, Arcadia, California 91006. No bid will be accepted unless the contractor has attended the pre-bid meeting. The City of Arcadia complies with the American Disabilities Act. If you require a reasonable accommodation to participate in the bid opening, please contact Dave Thompson, Street Superintendent at (626) 256-6676, at least 48 hours prior to the starting time of the meeting. All bids are to be compared on the basis of the Public Works Services Director's estimate of the quantities of work to be done. No contract will be awarded other then to a contractor licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code. All bids shall be based on the content of the contract documents, which consist of the Notice Inviting Bids, Information Required of Bidder, Contract, Special Provisions, • Construction Plans, Drawings and Details, the Bid, Technical Specifications, Faithful Performance and Labor and materials Bonds, which are by this reference incorporated herein. 1 '~ ~Y i Special attention of prospective bidders is called to the bid requirements and "Special • Provisions" which contain the instructions to bidders. Said "Special Provisions" authorize the contractor to substitute securities in lieu of the 10% retention in accordance with and pursuant to Government Code Section 4590. The Contractor shall take out and maintain, during the I'rfe of the Contract, broad form comprehensive general public liability and property damage insurance with the carrier authorized by the Insurance Commission to transact business of insurance in the State of California in which the City of Arcadia, its officers and employees, shall be named as an additional insured, and shall protect the Contractor or any subcontractors pertorming work covered by the Contract, and also the City of Arcadia, from claims of personal injury, including accidental death, as well as from claims for property damages which may arise from the operations under the Contract, whether such operations shall be perfonned by the contractor or any subcontractors, or by anyone directly or indirectly employed by any of them, and the limit of liability for such insurance shall be as follows: 1 Limit of Liability for Injury or Accidental Death: Each Occurrence or Accident $2,000,000 2 Limit of Liability for Property Damage: Each Occurrence or Accident $ 500,000 • The City of Arcadia reserves the right to: accept or reject bids, award portions to different contractors, waive any irregularity and informality in the bids and bid process, and to retain all bids and guarantees for a period of sixty (60) days for examination and comparison, all as specified in the contract documents. CITY OF ARCADIA VIDA TOLMAN MAY 13, 2004 City Clerk Date • 2 °8t'D$aTB~ ""° ~°°° STAFF REPORT Public Works Services Department July 6, 2004 TO: MAYOR AND THE CITY COUNCIL FROM: Pat Malloy: Public Works Services Dire or Prepared by: Gary F. Lewis, General Services M Hager Jim Brophy, Warehouse Manager SUBJECT: Purchase of Janitorial Supplies Recommendation: Award a one (1) year contract extension in the amount of $75,000.00 to Delta Distributing Inc. for the purchase of janitorial supplies for various City facilities SUMMARY • On August 20, 2002, the City Council approved aone-year Agreement with optional contract extensions to Delta Distributing Inc. for the purchase of Janitorial supplies for various City facilities. On September 16, 2003, the Council approved its first contract extension. Delta is reaching the end of its first contract extension and has submitted a written offer to extend the existing contract for an additional year in accordance with the existing agreement. Delta Distributing has agreed to hold firm the current prices for the next fiscal year 2004-2005. Based on the excellent service provided by Delta Distributing Inc. from the previous years, staff recommends that the City Council award aone-year contract extension in the amount of $75,000.00 to Delta Distributing Inc. for the purchase of Janitorial supplies for various City facilities. DISCUSSION The warehouse is responsible for purchasing and distributing all janitorial supplies for the City's facilities. It is important that the warehouse maintain proper on-hand inventory levels to prevent an interruption to these services. Most items used in conjunction with janitorial services and facilities maintenance are considered revolving inventory items and must be replenished to continue smooth day-to-day operations of the various City facilities. • LASER I~.~GED ~h, Mayor and City Council July 6, 2004 Page 2 On August 20, 2002, the City Council approved aone-year Agreement with optional • contract extensions to Delta Distributing Inc. in the amount of $105,477 for the purchase of Janitorial supplies for various City facilities. On September 16, 2003, the Council approved aone-year contract extension in the amount of $75,000, and is reaching the end of its agreement. During the previous two (2) years, the City spent an average of $70,000 for the purchase of janitorial supplies and it is anticipated that the City will maintain the same level of activity. Delta Distributing has agreed to hold firm the current prices during fiscal year 2004-2005. Therefore, staff recommends that the City Council award an additional one (1) year contract extension in the amount of $75,000.00 to Delta Distributing Inc for the purchase of Janitorial supplies for various City facilities. FISCAL IMPACT Sufficient funding is available in the 2004-2005 budget to cover the cost of these purchases. 1. Award a one (1) year contract extension in the amount of $75,000.00 to Delta Distributing Inc. for the purchase of janitorial supplies for various • City Facilities. 2, Authorize the City Manager and City Clerk to execute a contract extension in a form approved by the City Attorney. Approved by: --~~ William R. Kelly, City Manager PM: GFL:JB:dw ~f ,~17~1+~1 d-1..1'v i'i t ""°°$p°RaT~9-~°°" STAFF REPORT Public Works Services Department Jufy 6, 2004 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Direct r6~//~ Prepared by: Gary F. Lewis, General Services Manager SUBJECT: Professional Services Agreement - Geotechnical Engineerin $UppOrt ServIC@S Recommendation: Award a Professional Services Agreement to URS Corporation in the amount of $28,000 to provide Geotechnical Engineering Support for 2004 and 2005 SUMMARY • The City of Arcadia requires the use of Geotechnical Engineering firms for foundation engineering, slope stabilization, soils compaction testing and geotechnical instrumentation and monitoring on most Capital Improvement Projects. There is also a need for geotechnical evaluation of soils conditions, hillsides and slopes as they relate to City owned facilities. Based on URS Corporations' qualifications to assist the City in Geotechnical Engineering and Support Services, staff is recommending that the City Council authorize the City Manager to execute an agreement with URS Corporations for Professional Services to provide on-call geotechnical support in the amount of $28,000. The Capital Improvement Program includes three (3) significant projects, which will require geotechnical support as part of the design and construction segments of the projects. Staff is currently preparing to solicit bids for the construction of a 4.4 million gallon reservoir at the Santa Anita plant, is designing a booster station at Orange Grove plant and is completing an engineering analysis of the Baldwin reservoir. Geotechnical services are also required on occasion to evaluate soil conditions on hillsides and slopes as they relate to City owned facilities. For example, during the rainy season, the hillside over the entrance road to Wilderness Park experienced some increased erosion, which will require an evaluation of the hillside. Staff is also evaluating the condition of the slope directly above the Canyon Reservoir Plant. In both cases, a professional evaluation of soil conditions is required. LASER IMAGED ~ Mayor and City Council July 6, 2004 • Page 2 Staff requested and received .a proposal frbm URS Corporation to provide on-call consultation to the City in conjunction with its water and sewer capital projects along with special slope stability evaluations. The proposal provides for the following scope of services: Slope Stability Evaluation at Upper Canyon Reservoir. This includes an evaluation of slope stability adjacent to the Upper Canyon Reservoir. 2. Evaluation of Potential Rock Fall Hazard at Wilderness Park. This includes providing a field reconnaissance of the potential slope stability conditions along the entrance road to Wilderness Park and make recommendations for mitigation if necessary. 3. Geotechnical on Ca!! Services for FY 2004-2005. This includes consultation relative to soil mechanics and foundation engineering,. as well as related areas of gedlogy, hydrogeology, seismology and earthquake for the capital projects at Santa Anita, Orange Grove and Baldwin Water Plants. Staff has considered the merits of utilizing the consultation services provided by URS Corporation, particularly -their extensive experience in the area of Geotechnical • Engineering. The utilization of URS Corporation in this area greatly enhances the City's ability to obtain technical assistance on a short-term basis without the need for a new proposal for each project. This will allow staff to provide the fundamental services necessary to maintain the City's infrastructure on an as needed basis. Therefore, staff recommends that the City Council award a professional services agreement to URS Corporation for $28,000. FISCAL IMPACT Sufficient funds are provided in the 2004/05 Operating and Capital Budget for the work to be pertormed over the twelve (12} month agreement. Award a Professional Services Agreement in the amount of $28,000 to UR5 Corporation to provide Geotechnical Engineering Support Authorize. the City Manager and City Clerk to execute an agreement in a form approved by the City Attorney. Approved: • William R. Kelly, City Manager PM:dw tl~c~,~d~~ p~~~.~ July 6, 2004 STAFF REPORT Development Services Department TO: Mayor and City Council FROM: ~on Penman, Assistant City ManagerlDevelopment Services Director SUBJECT: Ordinance No. 2191 concerning amendments to Municipal Code regarding door-to-door oeddlina. soliciting and canvassing Recommendation: Introduce SUMMARY The Arcadia Municipal Code sections pertaining to door-to-door peddling, soliciting and • canvassing have .not been updated in many years. Review of the Code as a result of some recent solicitation activity in the community has determined that a number of the provisions of the Code require updating. The City Attorney has researched the current case law and prepared amendments which will update and in some instances strengthen some of the sections of the Code pertaining to door-to-door peddling, soliciting and canvassing and bring the Code into compliance with pertinent court decisions. BACKGROUND The Municipal Code currently regulates door-to-door solicitation, peddling and canvassing for both for-profit businesses and not-for-profit organizations. It establishes a number of regulations pertaining to these activities but also does not address some important areas. For example, the Code establishes hours when anon-profit or charitable organization can solicit, but does not have fixed hours for solicitation for afor-profit business. The current Code also requires licensing of non-profit and religious groups, and this is no longer permissible based on case law. • LASES Eti"~~~D ~ a. Mayor and City Council July 6, 2004 Page 2 DISCUSSION • The ordinance under consideration will retain similar language from the current Code in a number of instances. It will still .prohibit soliciting, peddling and canvassing where a sign prohibiting such activity is painted, affixed or exposed to public view on any residence, dwelling, flat or apartment. It will still require proper identification and prohibit any person from representing in any manner that the City has endorsed the permit holder or products, services or causes on behalf of which they are soliciting. Additionally, there is still a permit application procedure and an appeal period should a permit be denied. New provisions will include an exemption for charitable, religious and political canvassing from securing a permit. This provision is based on case law. Another new provision will include specific hours when for profit peddling, soliciting and canvassing is prohibited. These. new prohibited hours will be between the hours of dusk and eight a.m. on any date. These new restricted hours will apply to both for profit activity and to non- profit groups, though existing restrictions on non-profit solicitation were between 5:00 p.m. and 9:00 a.m., which the City Attorney has indicated is no longer permissible under the law. RECOMMENDATION That the City Council introduce Ordinance No. 2191; an ordinance of the City of • Arcadia, California, amending Section 6611.through Section 6614.1, Divisions 1 through 5, Chapter 6, Part 1, Article VI of the Arcadia Municipal Code regarding door-to-door peddling, soliciting and canvassing. Approved: ._.~ William R: Kelly, City Manager C~