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HomeMy WebLinkAboutFebruary 5, 2008~ ~N,ieoy~,y FAR CITY OF ARCADIA 0~~ t CITY COUNCILIREDEVELOPMENT AGENCY REGULAR MEETING CoA eo m°°~ry ^T"" TUESDAY, FEBRUARY 5, 2008 AGENDA 6:00 p.m. Location: City Council Chamber Conference Room, 240 W. Huntington Drive CALL TO ORDER ROLL CALL OF CITY COUNCILlREDEVELOPMENT AGENCY MEMBERS: Mickey Segal, Mayor/Agency Chair Robert Harbicht, Mayor Pro Tem/Agency Vice Chair PeterAmundson, CouncillAgency Member Roger Chandler, Council/Agency Member John Wuo, Council/Agency Member CLOSED SESSION/STUDY SESSION PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council/Redevelopment Agency during the Public Comments period is asked to complete a"Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the Closed Session/Study Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City CouncillRedevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council/Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. STUDY SESSION Report, discussion and direction regarding Schematic Design for Proposed New City Hall Project. Report, discussion and direction concerning a community "signature" event. 7:00 p.m., City Council Chamber RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION INVOCATION Reverend Daniel Earp, Amazing Grace Congregational Church PLEDGE OF ALLEGIANCE ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: Amundson, Chandler, Harbicht, Wuo and Segal Any wntings or documenfs provided to a majonty o( the City Council regarding any item on this agenda will be made availa6le for public Inspection in [he Cdy Cleek's oKCe located at 240 W. Hunfington Dnve, Arcadia, Cali/ornia, dunng normal business hours. REPORT FROM CITY ATTORNEYIAGENCY COUNSEL ON CLOSED SESSIONISTUDY SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTNE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PRESENTATIONS a. Presentation of Certificate to Rose Queen Dusty Gibbs. b. Presentation to city employees by the Arcadia Chinese Association. PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony conceming the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, 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. CITY COUNCIUREDEVELOPMENT AGENCY ITEMS: a. JOINT PUBLIC HEARING TO CONSIDER A SALE/EXCHANGE OF REAL RESOLUTION N0. 6605 APPROVING THE CONVEYANCE OF CERTAIN REAL PROPERTY FROM THE REDEVELOPMENT AGENCY TO THE CHURCH IN ARCADIA PURSUANT TO THAT CERTAIN PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BY AND BETWEEN THE REDEVELOPMENT AGENCY AND THE CHURCH IN ARCADIA AND MAKING FINDfNGS REQUiRED BY LAW. Recommended Action: Adopt PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council/Redevelopment Agency during the Public Comments period is asked to complete a"Public Comments" card available in the Council Chamber Lobby. The compieted form should be submitted to the City Clerk/Agency Secretary prior to the start of the 7:00 p.m. Open Session. Any wnfings or documents provided fo a majonfy o( the City Council regarding any ifem on this agenda wifl be mada available for public inspection in fhe City Cferk's o~ce located at 240 W. Huntington Dnve, Arcadia, Califomia, during rrormal business hours. Recommended Action: Adopt In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council/Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council/Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK 2. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. REDEVELOPMENT AGENCY ITEMS: a. REGULAR MEETING MINUTES OF JANUARY 15 2008: Recommended Action: Approve b. AUTHORIZE AN APPROPRIATION OF $43,130 FROM THE ARCADIA CITY COUNCIL ITEMS: c. REGULAR MEETING MINUTES OF JANUARY 15. 2008. Recommended Action: Approve d. ORDINANCE CONCERNING EARLY MORNING PARKING HOURS. Recommended Action: Adopt e. ADOPT ORDINANCE NO. 2238 REGULATING CABLE. VIDEO SERVICES AND TELECOMMUNICATIONS SERVICE. Recommended Action: Adopt f. INTRODUCE ORDINANCE NO. 2240 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ARCADIA Recommended Action: Any wrifings or documents provided to a majority o! the Ciry Counci! 2gartGng any item on lhis agenda wiq be mada available /or pubJic inspection in the City Clerk's oKrce located at 240 W. Huntington Orive, Arcadia, CaliPomia, dunng norma/ business bours. Recommended Action: Approve ADOPT RESOLUTION- N0. 6607. A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ARCADIA. Recommended Action: Adopt g. ADOPT RESOLUTION NO. 6604 DESIGNATING THE LOS ANGELES LAWS AND REGULATIONS PERTAINING TO THE MANAGEMENT OF SOLID WASTE WITHIN THE CITY OF ARCADIA. Recommended Action: Adopt ACCEPT ALL WORK PERFORMED BY BOND BLACKTOP. INC. FOR THE CONTRACT DOCUMENTS. Recommended Action: Approve AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH B& Recommended Action: Approve APPROVE FINAL MAP NO. 62234 FOR A 78 UNIT SENIOR CONDOMINIUM PROJECT AT 161 COLORADO PLACE. Recommended Action: Approve k. ACCEPT ALL WORK PERFORMED BY D& J FOOTHILL ELECTRICAL CONTRACTORS. INC. FOR THE REPLACEMENT OF THE LONGDEN AVENUE PARK BASEBALL FIELD BACKSTOP AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. Recommended Action: Approve AWARD A PURCHASE ORDER TO PASADENA FORD FOR THE PURCHASE Recommended Action: Approve m. AUTHORIZE THE CITY MANAGER TO ACCEPT THE QUITCLAIM DEED FOR WATER LINE EASEMENTS AND FACILITIES AT SANTA ANITA FASHION PARK LP. Recommended Action: Approve n. My wntings or documents provided to a majorify of the Ciry Council regarding any item on this agenUa will be made a yailable lor public inspection in the City Clerk's o~ce located et 240 W. Hunfington Drive, Arcadia, Calilomia, during normal businass hours. CONTRACT DOCUMENTS. Recommended Action: Approve O. p. AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT NO 1 TO AN ADDITIONAL $20.000. Recommended Action: Approve 3. CITY MANAGER a. AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH AMOUNT OF $843.130. Recommended Action: Approve b. APPROVE FEDERAL LEGISLATIVE ADVOCACY PRIORITIES FOR 2008 Recommended Action: Approve c. ADJOURNMENT The City Council/Redevelopment Agency will adjourn this meeting in memory of Gerald Haynes, Melvin Hindin and Dale Turner to Tuesday, February 19, 2008, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia PURSUANT TO THE AMERICANS WITH DISABILITIES ACT, PERSONS WITH A DISABILITY WHO REQUIRE A DISAB~LITY-RELATED MODIFICATION OR ACCOMODATION IN ORDER TO PARTICIPATE IN A MEETING, INCLUDING AUXILIARY AIDS OR SERVICES, MAY REQUEST SUCH MODIFICATION OR ACCOMODATION FROM THE CITY CLERK AT (626) 574-5455. NOTIFICATION 48 HOURS PRIOR TO THE MEETING WILL ENABLE THE CITY TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THE MEETING. Any wntings or documents provided to a majority of the City Council rega~ding any item on this agenda wiJl 6e made available for public inspection in the City Clerk's oRce located at 240 W. Hunfington Onve, Arcadia, Califomia, during normal busrness hours. ACCORDANCE WITH CONTRACT DOCUMENTS. Recommended Action: Approve Recommended Action: Approve CITY COUNCIUREDEVELOPMENT AGENCY REGULAR MEE7ING ANNOTATED AGENDA FEBRUARY 5, 2008 STUDY SES510N a. Report, discussion and direction regarding Schematic Design for Staff to bring Proposed New City Hall Project. modifications back at a future meeting. b. Report, discussion and direction concerning a community "signature" Staff to meet with the event, School District regarding a future community signature event and report back. 1. PUBLIC HEARING - CITY COUNCIL JOINT PUBLIC HEARING TO CONSIDER A SALE/EXCHANGE OF REAL PROPERTY BETWEEN THE REDEVELOPMENT AGENCY AND THE CHURCH IN ARCADIA. RESOLUTION NO. 6605 APPROVING THE CONVEYANCE OF CERTAIN REAL PROPERTY FROM THE REDEVELOPMENT APPROVED4-0 AGENCY TO THE CHURCH IN ARCADIA PURSUANT TO THAT CERTAIN PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BY AND BETWEEN THE REDEVELOPMENT AGENCY AND THE CHURCH IN ARCADIA AND MAKING FINDINGS REQUIRED BY LAW. ARA RESOLUTION NO. 225 APPROVING THE CONVEYANCE OF CERTAIN REAL PROPERTY FROM THE REDEVELOPMENT APPROVED4-0 AGENCY TO THE CITY OF ARCADIA TO THE CHURCH W ARCADIA PURSUANT TO THAT CERTAIN PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BY AND BETWEEN THE REDEVELOPMENT AGENCY AND THE CHURCH IN ARCADIA AND MAKING CERTAIN FINDINGS REQUIRED BY LAW. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEM: a. REGULAR MEETING MINUTES OF JANUARY 15, 2008. APPROVED 4- 0 b. AUTHORIZE AN APPROPRIATION OF $43,130 FROM THE APPROVED 4- 0 ARCADIA REDEVELOPMENT AGENCY'S UNPROGRAMMED RESERVE FOR REDEVELOPMENT AREA PLANNING ISSUES ASSOCIATED WITH THE CITY'S GENERAL PLAN UPDATE. CITY COUNCIL ITEMS: c. REGULAR MEETING MINUTES OF JANUARY 15, 2008. APPROVED 4- 0 d. ADOPT ORDINANCE N0. 2236 AMENDING SECTION 3214.1 OF ADOPTED 4- 0 THE ARCADIA MUNICIPAL CODE RELATING TO THE UNIFORM TRAFFIC ORDINANCE CONCERNING EARLY MORNING PARKING HOURS. e. ADOPT ORDINANCE NO. 2238 REGULATING CABLE, VIDEO WITHDRAWN SERVICES AND TELECOMMUNICATIONS SERVICE. APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE APPROVED 4- 0 CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. INTRODUCE ORDINANCE NO. 2240 AUTHORIZING AN INTRODUCED 4- 0 AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF ARCADIA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. ADOPT RESOLUTION NO. 6607, A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ARCADIA. g. ADOPT RESOLUTION NO. 6604 DESIGNATING THE LOS ANGELES COUNTY SOLID WASTE MANAGEMENT PROGRAM (SWMP) AS THE LOCAL ENFORCEMENT AGENCY (LEA) RESPONSIBLE FOR ENFORCING ALL LAWS AND REGULATIONS PERTAINING TO THE MANAGEMENT OF SOLID WASTE WITHIN THE CITY OF ARCADIA. ADOPTED4-0 ADOPTED 4 - 0 h. ACCEPT ALL WORK PERFORMED BY BOND BLACKTOP, INC. APPROVED 4- 0 FOR THE 2006-07 ANNUAL SLURRY SEAL PROJECT AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT APPROVED 4- 0 WITH B& T WORKS INC. FOR THE SIDEWALK GAP CLOSURE PROJECT IN THE AMOUNT OF $34,120. j. APPROVE FINAL MAP NO. 62234 FOR A 78 UNIT SENIOR APPROVED 4- 0 CONDOMINIUM PROJECT AT 161 COLORADO PLACE. k. ACCEPT ALL WORK PERFORMED BY D& J FOOTHILL APPROVED 4- 0 ELECTRICAL CONTRACTORS, INC. FOR THE REPLACEMENT OF THE LONGDEN AVENUE PARK BASEBALL FIELD BACKSTOP AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. AWARD A PURCHASE ORDER TO PASADENA FORD FOR THE APPROVED 4- 0 PURCHASE OF ONE (1) PICK UP TRUCK WITH UTILITY BODY FOR THE PUBLIC WORKS SERVICES DEPARTMENT IN THE AMOUNT OF $30,950. m. AUTHORIZE THE CITY MANAGER TO ACCEPT THE QUITCLAIM APPROVED 4- 0 DEED FOR WATER LINE EASEMENTS AND FACILITIES AT SANTA ANITA FASHION PARK LP. ." ACCEPT ALL WORK PERFORMED BY ALL AMERICAN ASPHALT APPROVED 4- 0 FOR DUARTE ROAD REHABILITATION PROJECT AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH CONTRACT DOCUMENTS. o. ACCEPT ALL WORK PERFORMED BY FREEWAY ELECTRIC FOR APPROVED 4- 0 TRAFFIC SIGNAL MODIFICATION AT FIRST AVENUE AND COLORADO BOULEVARD AS COMPLETE AND AUTHORIZE THE FINAL PAYMENT TO BE MADE IN ACCORDANCE WITH CONTRACT DOCUMENTS. p. AUTHORIZE THE CITY MANAGER TO EXECUTE AMENDMENT APPROVED 4- 0 NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CONSTRUCTION CONTROLS GROUP, INC. FOR THE FIRE STATION NO. 105 PROJECT FOR AN ADDITIONAL $20,000. 3. CITY MANAGER a. AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT APPROVED 4- 0 WITH HOGLE IRELAND, INC. FOR PLANNING AND CONSULTING SERVICES ASSOCIATED WITH THE CITY'S GENER,4L PLAN UPDATE PROJECT IN THE AMOUNT OF $843,130. b. APPROVE FEDERAL LEGISLATIVE ADVOCACY PRIORITIES FOR APPROVED 4- 0 2008. c. APPROVE CLASSIFICATION SPECIFICATIONS AND APPROVED 4- 0 COMPENSATION LEVELS FOR ASSISTANT CITY MANAGER/PUBLIC WORKS SERVICES DIRECTOR, DEVELOPMENT SERVICES DIRECTOR, DEPUTY DEVELOPMENT SERVICES DIRECTOR/CITY ENGINEER, COMMUNITY DEVELOPMENT ADMINISTRATOR, TRANSPORTATION SERVICES MANAGER, SENIOR PLANNER, BUILDING MAINTENANCE TECHNICIAN AND STREET LIGHT TECHNICIAN. ^ STAFF REPORT Arcadia RedevelopmentAgency DATE: February 5, 2008 TO: Mayor and City Council Chairman and Redevelopment Agency Board FROM: Jason Kruckeberg, Acting Development Services Director ~'~ By: Mary Cynar, Economic Development Administratod~f SUBJECT: Joint Public Hearinq to consider a sale/exchan4e of real aropertv between the Redeveloqment AQencv and the Church in Arcadia. Resolution_No. 6605 approvinp the convevance of certain real orooe from the Redeveloament Aqencv to the Church in Arcadia aursuant to that certain Purchase and Sale Aqreement and Joint Escrow Instructions bv and between_the Redevelopment Aqencv and the Church in Arcadia and makina findinas reauired bv law. Recommended Action: Adopt ARA Resolution No. 225 approvinq the convevance of certain real propertv from the Redeveloament AQencv of the Citv of Arcadia to the Church in Arcadia oursuant to that certain Purchase and Sale Aqreement Recommended Action: Adopt SUMMARY This is to request that the City Council and Redevelopment Agency Board hold a joint public hearing to consider the Agency purchase of 21 Morlan Place in exchange for conveyance of 630 East Live Oak Avenue to the Church in Arcadia ('Church") pursuant to the Purchase and Sale Agreement and Joint Escrow Instructions ("Purchase AgreemenY') between the Church and Agency. As required by California Health and Safety Code Section 33433 a Property Disposition Report has been prepared for 630 East Live Oak Avenue. Mayor and City Council Chairman and Redevelopment Agency Board February 5, 2008 Page 2 DISCUSSION In 2004 the Redevelopment Agency ("Agency") entered into a Land Assembly and Development Agreement ("LADA") with the Rusnak Mercedes Benz Dealership to assemble five parcels nearby the dealership site located at 55 W. Huntington Drive. As part of the land assembly process, the Agency entered into a Purchase Agreement for the purchase of the Church site at 21 Morlan Place and the concurrent sale of Agency property at 630 East Live Oak Avenue to the Church. Agency staff was directed to complete the transaction detailed in this staff report, with the potential of the Morlan Place site being sold to the Rusnak Dealership pursuant to the LADA or for another future project. Deal Points and Proiect Review Process For more than two years the Agency has worked closely with the Church to negotiate the purchase and relocation deal points, which are as follows: • Agency will purchase the Church site at 21 Morlan Place for $3.6 million. • Concurrently, the Agency will convey to the Church the property at 630 East Live Oak Avenue. • Prior to the close of escrow the Church is responsible for applying for and receiving approval for a Conditionai Use Permit (CUP) and Architectural Design Review (ADR) for the new Church meeting hall at the relocation site. • Following the issuance of a grading permit, the Agency will provide up to 18 months of rent subsidy (which at the Agency's discretion, could occur at the Church's current location at no cost to the Agency or a relocation site where the Agency subsidizes rent). During the negotiation process the Live Oak site was ident~ed as an appropriate relocation site, allowing the Church to remain in the City as one of the conditions for sale of the Morlan Place property to the Agency. In July 2007, prior to formal consideration of the project, the City divided the site into three parcels, one of which was created for the proposed Church project. As part of that process a Generai Plan Amendment and Zoning Code change were approved, along with consideration of an easement for parking on one of the other City-owned parcel created at that time. On December 11, 2007 the Planning Commission held a public hearing to consider the Church's CUP and ADR applications, as well as environmental review. On January 8 the Planning Commission adopted the resolution approving the Church's project. Furthertnore, on January 22 the Planning Commission approved findings that the sale and conveyance are consistent with the General Plan. The next step after the close of Mayor and City Council Chairman and Redevelopment Agency Board February 5, 2008 Page 3 escrow is the submittal, review and eventual issuance of City permits for construction of the Church meeting hall, all at the Church's own cost. Real Proaertv Disposition Reqort The Real Property Disposition Report ("Report") is required by Secfion 33433 of the California Health and Safety Code, which requires that before any Agency-owned property acquired with tax increment revenues is sold, the sale must be approved by resolution of the City Council, following a public hearing. The Report sets forth certain findings related to the sale of the Live Oak property in exchange for the Church's conveyance of the Morlan Place property. As detailed in the Report, the conveyance of the Live Oak and sale of the Morlan Place properties are significant to the Agency in that the exchange provides for: • The upgrade of a blighted and economically stagnant property on Live Oak with the development of the Church meeting hail, which is expected to be a positive force within that area of the community, and • Provides for a potential higher and better use of the Morlan Place site for commercial uses consistent with the City's General Plan and the explicit goals of the Central Redevelopment Project Area Plan and Five Year Implementation Plan to alleviate blight by: o Alleviating underutilized and economically stagnate conditions; o Removing outdated improvements; o Creating conditions forjob opportunities; and ~ o Generating additional tax increment for use in the Project Area and specifically for affordable housing opportunities. ENVIRONMENTAL IMPACT The Ciry is not required to undertake an environmental impact analysis as part of the preparation of the Disposition Report. The Church's proposed project for Live Oak was reviewed pursuant to CEQA guidelines. Planning staff completed an Initial Study for the project and no adverse impact was disclosed as a result of that Study: On January 8 the Planning Commission pursuant to a formal resolution approved the CUP and ADR for the Church's proposed project, as well as a Negative Declaration. Mayor and City Council Chairman and Redevelopment Agency Board February 5, 2008 Page 4 FISCAL IMPACT As discussed above, the Agency will purchase 21 Morlan Place for $3.6 million. An escrow deposit of $100,000 was made subsequent to the execution of the Purchase Agreement in FY 2006, and will be utilized for closing and acquisition costs. Additional funding in an amount of $3,019,000 was budgeted and is available in the Agency's approved FY 2007-08 Acquisition Account from 2001 Bond proceeds. On January 15, an additional $500,000 was appropriated to cover the costs of acquisition from the Agency's Unencumbered Fund Balance. Hold Joint Public Hearing to consider a salelexchange of real properly between the Redevelopment Agency and the Church in Arcadia. Adopt Resolution No. 6605 approving the conveyance of certain real property from the Redevelopment Agency to the Church in Arcadia pursuant to that certain Purchase and Sale Agreement and Joint Escrow Instructions by and between the Redevelopment Agency and the Church in Arcadia and making findings required by law. Adopt ARA Resolution No. 225 approving the conveyance of certain r~al property from the Redevelopment Agency to the City of Arcadia to the Church in Arcadia pursuant to that certain Purchase and Sale Agreement and Joint Escrow Instructions by and between the Redevelopment Agency and the Church in Arcadia and making certain findings required by law. Approved: ~P ~°^^~~-~-~ Donald Penman, City Manager/Executive Director Attachment I- Disposition Report (630 East Live Oak) Attachment - City Resolution No. 6605 Attachment -ARA Resolution No. 225 REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA REAL PROPERTY DISPOSITION REPORT (630 East Live Oak) Introduction This real property disposition report ("Report") has been prepazed by the Redevelopment Agency of the Ciry of Arcadia ("Agency") pursuant to California Health and Safety Code Section 33433. Section 33433 requires that before any Agency-owned property acquired with ta~c increment revenues is sold for development, the sale must first be approved by resolution of the City Council of the City of Arcadia ("City"), following a public hearing regazding the sale. This Report sets forth certain details of that certain Purchase and Sale Agreement and Joint Escrow Instructions between the Agency and the Church in Arcadia that is attached to this Report as Exhibit "A" ("Agreement"). The Agreement provides for the conveyance of real property acquired by the Agency using tax increment revenues and located at 630 East Live Oak in the City ("Live Oak Property'~, as well as additional monetary compensation, in exchange for real property owned by the Church in Arcadia and located at 21 Morlan Place in the City ("Morlan Place Properiy"). The Agreement is on file with the Agency and available for inspection at the office of the Agency, located at 240 West Huntington Drive, Arcadia, California, 91066 dwing the Agency's regulaz business hours. Summarv of Aereement The City Council of the City adopted the Redevelopment Plan for the Central Redevelopment Project Area ("Redevelopment Plan") on December 26, 1973, by Ordinance Nucnber 1490. The Agency owns the Live Oak Property that is more particulazly described in Exhibit "A-1" attached to the Agreement. The Live Oak Property is an unimproved vacant parcel of land containing approximately 52,875 square feet or 1.214 acres. The Live Oak Property is proposed to be used by the Church in Arcadia ("Church") for development of a church facility to replace its current facility located on the Morlan Place Property. The Morlan Place Property is more.particulazly described in Exhibit "B-1" attached to the Agreement. The Morlan Place Property contains a commetcial building that was converted into a church and is part of a lazger 11-acre site that has been a priority site for redevelopment identified in the Agency's Implementation Plans for the Redevelopment Plan since the early 1990s. In 2005, Mr. Paul Rusnak, owner of the existing Mercedes Benz automobile dealership at 55 W. Huntington Drive, approached the Agency regazding assembly of five (5) properties (approximately 3.6 acres) in the immediate viciniTy of the automobile dealership, including the Morlan Place Property, for purposes of expanding his existing automobile dealership. Presently, it is uncleaz to the Agency whether or not Rusnak Mercedes Benz will proceed with its previous expansion plans. The Agency, though, intends to proceed with acquisirion of the Morlan Place Property in pursuit of its priority goal of redeveloping the area in which the Morlan Place Property is located. Attachment I -1- Pursuant to the terms of the Agreement, the Agency will convey the Live Oak Property and additional cash consideration in the amount of $3.6 million to the Church in exchange for title to the Morlan Place Property. Closing of the real property transaction is conditional on issuance by the City to the Church of a CUP and/ or zone change for construction of a church building on the Live Oak Property. CUP 07-12 was issued to the Church for such purposes by resolution of the Planning Commission on January 8, 2008. Commencing at close of escrow, the Agency will lease the Morlan Place Ptoperty to the Church in Arcadia, in consideration of the Church's payment of all expenses of the properry, including the cost of utilities, maintenance, repair, real property taxes and any and all other similaz costs and expenses relating to the use, operation and maintenance of the Morlan Place Property, until up to 30 days after issuance by the C'ity of a grading permit for construction of a new church on the Live Oak Property. Tlils lease-back arrangement to the Church is not for development and is p~rt of the relocation of the Church from the Morlan Place Property to the Live Oak Property. The Agency has also agreed to exercise reasonable efforts to try to cause the City to grant an easement in favor of the Church for pazking uses on Sundays on City-owned property located proximate to the Live Oak Property. In addition, during the period between the issuance to the Church of a grading permit for the Live Oak Property and completion of a new church facility on the Live Oak Ptoperty, but not longer than 18 months, the Agency will reimburse the Church up to a maxunum amount of $2Q00 per month, for costs of renting temporary church facilities. Any requirement for the Church to move from the Morlan Place Property will likely only arise, if the Agency has a redevelopment use for the Morlan Place Property that requires the Church to move prior to completion of construction of the new church facility on the Live Oak Property. Estimated Cost of the Aereement to the Aeencv A) Agency Cost Incurred in Connection with Live Oak Property The costs incurred by the Agency in cannection with the Live Oak Property include all of the following: Acquisition Costs $2,247,000 Demolition and Clearance Costs $0 Relocation Costs As described elsewhere in this report. On-Site Improvement Costs $0 Off-Site Improvement Costs $200,000 Other Pre-Conveyance Costs $51,698 Total Agency Expenditures $ 2,498,698 -2- The total expenditures by the Agency in connection with the Live Oak Property to date are in the amount of Two Million Four Hundred Ninety-Eight Thousand Six Hundred Ninety-Eight Dollazs ($2,498,698). The Agency will also pay all escrow closing costs for itself and the Church, which are estimated to be about Thirty Thousand Dollazs ($30,000). Estimated Value of the Interest to be Conveved Mason & Mason Real Estate Appraisers & Consultants provided with Agency with an opinion that the mazket value of the Live Oak Property at its highest and best use pemutted under the Redevelopment Plan is Two Million Two Hundred Forty-Seven Thousand Dollars ($2,247,000.00). The appraisal summary report is attached as E~chibit "B-1" to this Report. Purchase Price to be Paid bv the Church The Agreement provides that the Church will purchase the Live Oak Property from the Agency by conveying title to the Morlan Place Property to the Agency. Mason & Mason Real Estate Appraisers & Consultants provided the Agency with an opinion that the mazket value of the Morlan Place Property, at its highest and best use permitted under the Redevelopment Plan is Two Million Four Hundred and Seventy Thousand Dollazs ($2,470,000.00). This appraisal report is attached as Exhibit "B-2" to this Report. As the estimated mazket value of the Morlan Place Property exceeds the estimated market value of the Live Oak Property, the Agency is receiving real properiy from the Church with a greater estimated market value than the real_pmperty_that_the.Agency_is_conveying to the Church under the Agi~eement. With the planned use of the Live Oak Property for a new church facility and the locadon and potential redevelopment of the Morlan Place Property for a commercial use, consistent with the City of Arcadia General Plan, the Agency believes that the actual market value differential between the Morlan Place Property and the Live Oak Property is greater than the differential set forth in the referenced appraisal reports. Additionally, much of the consideration from the Agency to the Church under the Agreement, other than the transfer of tide to the Live Oak Property, relates to relocation of the Church from t6e Morlan Piace Property to the Live Oak Properry. Blieht AlleviaHon 1'he Live Oak Property is currently unimproved and is not being used for any purpose. The Live Oak Property has been a blighting influence in the City because: (i) it has remained in an underutilized and economically stagnant condition; (ii) it has not contributed to the general health and welfare of the City; and (iii) it has detracted from the Ciry's image as a positive and healthy place to live and work. It is reasonably anticipated that the Live Oak Property will be improved with a new church facility that will bring aesthetic and community value to the City. The Church in Arcadia has been operating as part of the community for some time and has already been issued a conditional use permit (CUP 07-12) by the City Planning Commission for construction of its new church facility on the Live Oak Property. The_Agency's acquisition of the. Morlan Place Property is reasonably anticipated to result in the redevelopment of the Morlan Place Property. Redevelopment of the Morlan Place -3- Property has been an express priority of the Agency set forth in its Implementation Plan for several years. Additionally, Rusnak Mercedes Benz may still be interested in using the Morlan Place Property for expansion of its existing automobile dealership business. Redevelopment of the Morlan Place Property will likely alleviate blight in the Central Redevelopment Project Area by potentially: (i) alleviating the underutilized and economically stagnant condition of the Morlan Place Property; (ii) removing the outdated improvements from the Morlan Place Property and replacing them with modern improvements; (iii) creating new job opportunities for City residents, including low and moderate income residents; (iv) generating additiona] tax increment revenues to the Agency for redevelopment of the Central Redevelopment Project Area, including low and moderate income housing; (v) generating additional tax revenues to the City to provide necessary public services to City businesses and residents; (vi) promoting the City's image as a positive and healthy place to live and work; and (vii) introducing new economic activity to the Central Redevelopment Project Area. Conformance with the Aeencv's Five Year Implementation Plan The Agency's Implementation Plan Fiscal Years 2004/OS through 2008/09 (adopted on December 7, 2004 by Resolution No. ARA 211) ("Implementation Plan") is on file and available for review in the Development Services Department of the City. The Agency's Implementation Plan contains several broad redevelopment goals and objectives. Among these aze the following: . Encourage the revitalization of the Central Redevelopment Project Area's underutilized and econorriically stagnant azeas to create an aesthetic, healthy and functional environment; . Promote the productive and efficient use of property and improving the tax base within the Central Redevelopment Project Area; . Arrest and eliminate deterioration of proper[y within the Central Redevelopment Project Area; . Improve the image of the City as a positive and healthy place to live and work; and . Providing affordable housing within the Central Redevelopment Project Area. The proposed Agreement will assist the Agency in meeting the goals and objectives of the Agency, as established in the Agency's Implementation Plan, in the following ways: The Morlan Place Property may be revitalized by new development that will: (i) alleviate the underutilized and economically stagnant condition of the Morlan Place Property; (ii) remove the outdated improvements from the Morlan Place Property and replace them with modem improvements; (iii) create new job opportunities for City residents, including low and moderate income residents; (iv) generate additional tax increment revenues to the Agency for redevelopment of tlie Central Redevelopment Project Area, including low and moderate income housing; (v) generate additional tax revenues to the City to provide necessary public services to Ciry businesses and residents; (vi) promote -4- the City's image as a positive and healthy place to live and work; and (vii) introduce new economic activity to the Central Redevelopment Project Area. In accordance with the preceding summary of pertinent portions of the Implementation Plan and the above-referenced factors, the proposed Agreement is consistent with the Agency's Implementation Plan. Consistencv with General Plan The Planning Commission at its meeting on January 8, 2008, found that the proposed development of the Live Oak Property is consistent with the City's General Plan. The anticipated redevelopment of the Morlan Place Property will also be required to be consistent with the City's General Plan. Exhibits "A": Agreement - on file in the Development Svs. Department "B-1 ": Appraisal (Live Oak Property) - selected pages "B-2": Apraisal (Morlan Place Property) - selected pages -5- SUIVgMARY APPRAISAL City of Arcadia Ownership Vacant Commercial Land REPORT 630 East Live Oak Avenue, City of Arcadia, Los Angeles County, Califomia APN 8571-012-903 (portion) Prepared For Mary Cynaz Development Services Depardnent City of Arcadia 240 West Huntington Drive Arcadia, Califomia 91066 Prepared by Mason & Mason Real Estate Appraisers & Consultants 2609 Honolulu Avenue, Suite 100 Mon~ose, California 91020 Date of Value Attachment B-1 October 12, 2007 APPRAISAL SUMMARY STATEMENT City of Arcadia Redevelopment Agency Proposed Morlau Place Redevelopment Project 21 Morlan Piace (APN 5775-025-02~ Church in Arcadia Ownership BASIS OF VALUATION: The fair mazket value for the pmperty proposed to be acquired is based upon an appraisal prepared in accordance with accepted appraisalprinciples and methodologies. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: a) The fair mazket value of the property taken is the highest price on the date of valuation that would be agreed to be a seller, being willing to sell but under no particulaz or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particulaz necessity for so doing, each dealing with the other with full irnowledge of all the uses and purposes for which the property is reasonably adaptable and available. b) The fair mazket value of property taken for which there is no relevant, compazable mazket is its value on the date of valuation as determined by any method of valuation that is just and equitable. , Section 1263.330 provides that the fair mazket va7ue shall not include an increase or decrease in value attributable to ihe proj ect for which the property is to be acquired. Recent sales of compazable improved church/commercial sales aze used as appropriate. Full consideration is given to zoning, development potential and the use the property is capable of producing. ' BASIC PROPERTY DATA: Public use for which the property is to be acquired: Basis for budgetary and planning purposes for proposed full acquisition of the subject pazcel, by tbe City of Arcadia Redevelopment Agency, for the proposed Morlan Place Redevelopment Project. Location and extent of property to be acquired: Full acquisition. The subject property is a commercial building which has been converted into a church, ]ocated along the norfh side ofMorlan Place, just west of Santa Anita Avenue, north of Huntington Drive, in the City of Arcadia. The - building contains 18,292 squaze feet, situated on a 44,000 squaze foot site. The situs address is 21 Morlan Place, City of Arcadia, Califomia, 91007. The site is more or less irregulaz-shaped, with approximately 211 feet of frontage along Morlan Place. The subject parcel is further idenri5ed as Assessor Parcel Number 5775-025-026. Interest to be acquired: Permanent fee acquisition of the subject property in its entirety. Zoning: CBD-1, Central Business District, City of Arcadia. General Plan: C, Commercial, City of Arcadia. Present use: Improved church. Date of valuation: April 28, 2005 Highest and best use: We have concluded that the highest and best use of the subject property is as improved with its current use. Inventory of buildings, structures, and improvements: Commercial building that has been converted into a church: The property is owner occupied. According to City officials, the subject building was once urilized as a bowling alley. One building utilized as a church, with a more or less rectangular-shape, containing a total of 18,292 squaze feet, built 1949. Construction is of concrete block, with metal casement windows. There is 1,394 square feet of canopy azea. The interior finish includes drop T-bar and acoustic ceiling, flourescent lighting, partial wood paneling, plaster and wood paneled walls, five sets ofrestrooms, lazge congregation area wkuch seats approximately 800, a kitchen, numerous classrooms, baptism pool, soundroom, gas fueplace, and alann system with fire safety system. The site improvements consists of chain link fencing, landscaped planter boxes, with trees, and shrubs, and asphalt and concrete paving. T'here aze 44 mazked open on-site pazldng spaces. VALUATION: Value of the Entire Property: $2,470,000 Value of the property being acquired: $2,470,000 TfIE FOLLOWING INFORMATION IS BASED ON THE ENTIItE SUBJECT PARCEL: 1. The Cost Approach is based in part on a replacement cost new of improvements less depreciation, plus land value. Cost infonnarion was obtained from cost service publications and/or lmowledgeable vendors. Cost Approach: N/A 2. The Sales Comparison Approach is based on the considerarion of comparable improved church and commercial building sales. Sales Comparison Approach: $2,470,000 See attached sheet for principal improved transactions. 3. TheIncomeApproachisbasedonananalysisofincomeandexpensestothepioperty. Income Capitalization Approach: N/A y C~fA'4~ £#'n~' +j, ~C~a -.a~t' .t 3 R ~ i ' IMPROVED CHURCWEQMMERC~AL`' SALES•SUMMARY* . , Y'E+SYN6}'4ti~'~W°'r~ ~P,g'~J F f 51'i I~ ' :.. -qurchlnArcadlaOwnership a~~.- '~¢ S,h~~^a~~~k„':' yi~rl~~~p,~~~~a~',+~~l~''~W~a~~,~~A.~~~ 1 ~ 5 ~ ~i'~ " :, .: , ~ , a ,~.~„ ;~ n~ R ~' +: ~ r ~ ~,, '~ '' B q Gl.~ ~PRICE PER apt '_, ~~ A~ i~z ~y~ ~i i~~ ~L~OCATION~a#~. , ~' ° 0 D~ia_«.+h S~ FT <.:' .;r ~ O~ a~ . +~'x~':sGRANTORIG r '~" : ~"qT10#.:;>ELDG ., IAN~.:k 1 O~ceBuilding 04/3U2003 51,500.000 17,826 1955 27,750 42.6% f128.e4 554.05 909 SoWh Sanfa Mita Avenue, Arcadia 03-7228664 APN 5778-014-Ot3 WJliam 6 Jenny LoNRidilnlADynasly Inveslmenf Inc 2 C~umh 550 South Hollenbeck Avenue, Covina 09l2212003 03-278fi241 57.150,000 8,399 1981 60,350 10.fi% 5178.72 St9.08 APN 8444-028-042 . Caliloma 8ap1iL FounealioM lesa Oe Crislo Elim 3 ChurCh 09l262003 $1,250,000 7,Bfi5 1953 56,000 14.2% E158.94 SZZ.32 502o North Sunflower Avenue, Covina 03-284847~ ` ~ APN H401-019-046, 047, 054 ~ CavinaRSSambl a/GOdM1NeInNValle AsSamd o/GOE 4 Church 12723/2003 54,050,000 18,090 7988 127,630 15.0% 5212.75 531.73 7s20 Fullerton Road, La Habra Heighis 03-3855858 APN 8267-018-028, 909 Sam Surg Kaeen Presbyfeiian Churcf/Parific SoNhwe# DislrklhYasloyan 5 Church 04/79/2004 Sb00,000 4,154 1928 23,750 77.5% 5144.64 52526 1950 3rd Street, La Veme 04-0942225 APN 8377-015-079, 020, 021, 027 Intemafonv! ChurcJ~ olllie FoursquareNnivarsdy ol Le Vame 8 OfficeBuilding 05/032004 E4,39B,000 25,tfi2 1980 59,980 42.0% 5174.79 573.32 20 Easl Foothill Boulevard, Arcadia 047085825 APN 5772-001-028 . Awesvme Enlerptlsex Inc6hris W C Leon ef al ' 7 Church . 05I78/2004 $885,000 5,758 1950 18,300 35.3°h E171.1J E60.47 25 North 2ntl StreeG Alhambra 12714B8 APN 5337-016013 , Unny Churcl/Mantlaiin Bapfisl Chu/rJ~ of Las Anpeles 8 OKce Building - 0&162004 $4,100,000 24,534 1908 68,469 38.9% 5187.12 561.68 307-317 Easl Foolhill Boulevar0, Arwdia 04-1529389 APN 5771-028-024,025; 5771-029-035 MergA One Inveafinenfs, LLGHHII LLG al al 8 OfficeBuilding 10/i5f2(104 53,200,000 14,747 1959 79,891 74.7% SZ16.99 5160.88 48 SoNh Chester Avenue, Pasadena 042652858 APN 5735-001A24 Mirhael S. 6 Sahne~ LemOeNCalslaR, Int. 10 CommercialBuilding 11ro5/2004 51.100,000 7,500 1972 7,950 94.3% 5746.67 51J8.36 100 North Sanla Mita Avenue, Arntlia 042871349 APN 5773-006-029 ' A4FROperlkvDiversifieCOeals. LLC Su6~ect Church 12HI8/1995 E7,050,000 78,292 1949 44,000 41.6% Sb7.<U E2~.86 27 Modan Place . Arcadia APN 5775-025-026 Minimum E126.84 $19.06 Maximum E218.99 5160.88 ~ Avere e E169.68 564.71 I15M 2~35 RM YORIAN CMVFCH S.LLE511PO~TE SUUNwfiY.19, IWt t(lW5.0]ffJ3E PM COMPLETE APPRAISAL SUMMARY REPORT FORMAT MORLAN PLACE PROJECT CITY OF ARCADIA REDEVEI,OPMENT AGENCY Five (5) Commercial, Vacant, and Special Use Properties Along Each Side of Morlan Place, North Side of Huntingtan Drive, South of Santa Clara Sheet, West of Santa Anita Avenue City ofArcadia, California APN's 5775-025-025, 026, 029, 030 & 031 Prepared For Attomey Only - Confidential Kendall H. MacVey, Esq. Best Best & I{rieger LLP 3750 University Avenue Riverside, Califomia 92502 Prep¢red by Mason & Mason Real Estate Appraisers & Consultants 2609 Honolulu Avenue, Suite 100 Montrose, California 91020 Date of Yalue Apri126, 2005 Attachment B-2 MASON & MASON Real Estate Appraisers & Consultants 2609 Honolulu Avenue, Sulte 100 "-' Montrose, Califomia 91020-1706 Telephone (818) 957-1681 Fax (818) 957-1891 e-mail: vmaher~mason2.com October 12, 2007 No. 52107 Mary Cynaz Development Services Deparhnent City of Arcadia 240 West Hunrington Drive Arcadia, Califomia 91066 Re: Complete Appraisal, Summary Report Format City of Arcadia Ownership Vacant Commercial Land 630 East Live Oak Avenae 1 Arcadia, Los Angeles County, Califomia 91007 APN 8571-012-903 (portion) Dear Ms. Cynar: As you requested, we have made an investigation and analysis of the above property for the purpose of expressing an opinion of its mazket value as of October 12, 2007. The intended use of this appraisal is for potential property transfer by the City of Arcadia for redevelopment ptuposes. The interest appraised is the fee simple valne of the subject property at its highest and best use as of a current date of value. Please be advised that we have made a complete appraisal and ue submitting three copies of our suuunary appraisal report herewith in compliance to the Uniform Standards o£Professional Appraisal Practice, Standazds Rule SR 2-2(b). Our descriprion and analysis of the above property are provided in the body of this report. The client and user(s) of this report aze advised that we have performed a complete appraisal and aze submitting our findings in this 5ummazv Appraisal Reoort. As such, it presents only summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop our opinion of value. _ Supporting documentation conceming the data,-reasoning and analyses is retained in our file. The depth of discussion contained in this report is specific to the clienYs needs and for the intended use as stated in this report. We aze not responsible for unauthorized use of this report. Our investigation and brief analyses are contained in the attached summaryreport which describes the property appraised, Mary C~naz City ofArcadia October 12, 2007 the luniting conditions upon which the value opinions aze premised and other considerations which support our conclusions. Our estimate of the mazket value as of October 12, 2007, is as follows: TWO MILLION TWO HUNDRED FORTY-SEVEN THOUSAND DOLLARS ($2,247,000) The presence of hazardous substances such as petroleum prodacts, sub-surface toxins, or other potentially hazardous materials may affect the value of the property. During onr site inspection af the subject propeity it was vacant of any improvements with the excepHon of a chain link fence surrounding the site. However, the property was previoasly improved for many years and used by t6e mounted police. Such activities on the property could have caused pollution to the site. Since the appraisers are not knowledgeable regarding hazardous materials we assnme that the property does not contain hazardous or toxie snbstances. The client is nrged to retain an expert in this field to condnct such an inspection, if desired TLis value conclusion reflects the fair market value of the property as'°clean to regulatory staadards". A United Title Company Preliminary Report dated Mazch 12, 2003, a copy of which is in the Addenda, was provided for our review. The tifle report covers I.ot B consisting of 4.08 acres, which includes the subjecYs 1.214 acres as well as three other parcels. There are numerous exceprions to title in the report including various easements. These exceptions may or may not exist today and have an effect on the value estimate. Ttus appraisal is conditioned on the assumption that the current exceptions to title do not have a material impact on the value conclusions stated in this report. In the event that subsequent information is made available that mayimpactthe value estimate, the appraisers reserve the right to revise this appraisal. This ieport is subj ect to the assumptions and limiting conditions, and special limiting conditions contained on pages 3 through 5 inclusive. This letter must remain attached to the report, which contains 22 pages plus relaterl exhibits, in order for the value opinion set forth to be considered valid. Respectfully submitted, VGM/FHWM:vm MASON & MASON V Vincent G. Maher, MAI State of California Cerkficate No. AG016154 Frances H. Wolfe Mason, MAI State ofCalifornia CertificareNo. AG001649 Review Appraiser - Exterior Inspection Only .....,,....-••--••- .- VALUATION Outline of the Prob[em The purpose of this appraisal is to esrimate the mazket value of the subject property as of October 12, 2007. The subj ect property is an unimproved vacantpazcel of land containing about 52,875 square feet or 1.214 acres previously improved. We previously concluded that the highest and best use of the subject property is for development of a commercial, retail or office building. Meihodology The purpose of this appraisal is to estimate the market value of the fee simple interest, and since the highest and best use is for development of a commercial project, the Sales Comparison would typically be ihe most reliable value indicator since there aze no improvements to generate income to analyze in the Income Capitalization Approach, The Sales Comparison Approach is based on the principle of substitution and measures the value of a property by comparing it to recent sales with sunilaz physical chazacteristics and functional utility. The value conclusion pmcess involves the review, interpretation, and analysis of the strengths and wealmesses ofthe approaches to a value used, and ultimatelyprovides the estimate of fair market value. The Cost Appmach is not employed since the subject is unimproved. Also, the Income Capitalization Approach was not employed as the subject is not income producing. In this appraisal the Sa1es Comparison Approach is considered relevant. In this appmach, the appraisers analyze the mazket for vacant commercial land sales. The reconciliation and value conclusion involve the review, interpretation, and analysis of the strengths and weal~esses of the valuation approaches followed in the appraisal process and ultimately determines its fair market value. SALES COMPARISON APPROACH The Sales Comparison Approach measures the value of the subject by comparing it to recent sales of properties with similar physical chazacteristics and utility. While no two properties aze the same, units of comparison such as the price per square foot ofbuilding or land azea can be extracted from the sales. Adjustments are then made to the sales to account for differences in elements of comparison, such as property rights conveyed, mazket conditions, financing, location, and physical chazacteristics. The market dictates the unit of comparison used, and the units vary with property Type. In this appiaisal the appropriate unit-of comparison for vacant land is the price per square foot. MASON & MASON Real Estata Appraisers & Consultants ~ 4~~~cT 4y ' fT3 ' 4 ~+F i X v+.b ~ SAN ~ABF~IEL VALC.E-Y C~I1'~Ilyl€RC~~L=LA~V~`S'AL~S~ `~~G~,TOBER ~ 5 ~ ~QQ~f - i _ . ~;. ~ ~ 'MS'r~;;~,~ .~~ F 5 -~at1'~~ E ~,~ , " ~ ~~ ~ s,~r~ > - c - I_. r ""ifs~...^/+N. s. 4k..r .. ~ ~ ~&~^"F,~.+..(..:~,.: ~ E . O: . _ I -_ .. t _ - ~ES. N : L-1 1131o-'11330 Stewart SVeet OB/02l2006 b4,450,000 M1 EM Yes 2.10 9'1,476 548.65 EI Monte. CA 06-1211692 . APN SSfi7-022-020 - Cxeat Ame~han Cap'rfaVMram Rmly 8 DevslopmuR LLC ' L2 13905 F2nctsquitn Ave. 07/18/2006 $1,350,000 CM, BP Yea 0.51 22,Y21 ~ 560.75 Baldwin Park, CA 06-157q780 APN 8558-027-001, 8558-027-005 . . Oemasna ~arelopmenl Co. LP/Nelson 8 Halan Ouan, LN. Tr. L-3 8479 Garvey Ave. 08/02f2006 $1,800,000 M7 CM Ro Yes 0.I2 31,498 557.15 Rosemead, Cq O6•1711157 ~ . APN 528&004045 N!W 1801nvntrn~t,LLGJaMRabertRqManp L-4 16057615 Hunting[on Dr. 01/23f1007 $2,415,000 C4, D No 1.15 50 094 548 21 Duarte, CA 06-0134258 . , . APN 8530-017-045, 8530-017-046 Footlu2 Papfic Hpnes InW 16D5 Him6igfon LLC ~ ' L-5 707 Grand Avenue Lot 3 03I30M007 $2,000,000 C3 LC Yes 1.02 44 431 E45 01 ~iamond Bar, CA 07-0747339 , . APN8293-045-01D ~ cra~m snn~qa ucrra~et L~ Golden Springs Road, Lot 4 04/112007 $1,4D0,000 C3 LC Yes 0.70 30 492 §45 97 Diamond Bar, CA p~_ , . APN 8293-045-025 , CFf Deval mant LLGTa~pet C L-7 4610-4620 Pack Road 0527/2007 E1,600,000 C3, EM No 0.94 45 200 535 40 EI Morrte, CA 07-7262858 , ~ . APN 8547-024006, 007 8 O50 Hsus Bmllrr povelopme~rt LLC/Graco Lee L-8 .14635 Gark Ave. 08I07/2007 52,100,000 M1 1l2 LA No 1.q3 62 230 533 75 Hacienda Heights, CA 06-1855048 , . APN 8217-003-030 Deacan.+ando Perinere LPJFraNC A. CastWo SubJ. Clty of Arcadla Land 830. East LNe Oak Avenue ~ - - PD 12A Yes 1.214 52,875 - Mcadla, CA . ~ APN 6571-012-903 blax(mum 2.70 9~,476 560.75 Mlnimum 0.57 22,221 533.75 Average ~ 1.07 47,205 548.85 #52107 Live Oak ~ Analysis nf the Data The market value of the subject property has been estimated through the Sales Comparison Approach. The improved light industrial property sales, provide the basis for our value conclusion. The following discussion compazes the sales datato the subject, consideringvarious quantitative and qualitative factors. Adjustments to the sales data were then made to account for the differences. A seazch was conducted for commercial land sales from about 20,000 to 100,OD0 square feet in the general San Gabriel Valley area where we found 8 commercial land sales. In our seazch we observed that there has been a noticeable slow down in vacant commercialland sales and expanded our seazch to Duarte, El Monte, Baldwin Park, Rosemead, DiamondBaz, and HaciendaHeights. These sales aze siunmarized onthe San Gabriel Va11ey Commercial Land Sales - October 2007, which is on an accompanying page. A location map, photos and plats of the sales are located in the Mazket Data sec6on of this report. Each of the comparable sales were considered and their chazacteristics compared to the subject property on the basis of price per squaze foot land azea. Greatest weight was given to those compatables with similaz sale dates, lot sizes, locational and physical characteristics. Larger sites typically sell for less on a per square foot basis than smaller sites, when other property characteristics aze similaz. The 8 sales considered to be comparable, range in land size &om 22,221 squaze feet, Data No. L-2, to ' 91,476 square feet, DataNo. L-1. The overall average is about 47,205 squaze feet or 1.07 acres, slightly smaller than the subjecYs 52,875 squaTe feet. These compazables sales transacted between 7une 2006 and August 2007, with prices ranging from $33.75 per square foot, Data No L-8, an inferior property in a mixed industrial/residential location, to ahighof $60.75 per squaze foot, DataNo. U2, a superior, high exposure comer site situated on a freeway offramp. Factors considered in comparing subject to the sales data aze mazket conditions or dates of sale, sale conditions, parcel size, exposure, comer identity, and location. The following comparison chart ranks the compazable land sales analyzed on an unadjusted priceper square foot oflandbasis. The overall data ranges in price from $33.75 per squaze foot, DataNo. L-8, to a high of $60.75 per square foot, Data No. L-2 the much smaller superior property. The overall average of the unadjusted data land sales data is about $46.85 per squaze foot. Comparison Sale No. Sale Price/Sa. F`t. Inferior I,-7, Ir8 $33.75 to $35.40 Similar N/A Superior L-1, Ir2, L-3, L-4, L-5, L-6 ~$45.01 to $60.75 There are no similaz compazable sales in ourview, so the value range for the subject indicates lower and upper limits of $35.40 to $45.01 per square foot of site azea. In the appraiser's opinion the mazket value indication for the subj ect property is slightlybelow the average ofthe data ($46.85 per square foot) and MASON R MASCIN Rqal Fcfatr+ Gnnraicore R Rnncidrontc the Superior range, but above the Inferior range at $42.50 per squaze foot. The below average value estimate is due to subjecYs location and physical characteristics. The 52,875 squaze foot site tunes $42.50 per square foot results in a value indication by the Sales Comparison Approach of $2,247,000 when rounded. The value indication is well supported by the comparison of the compazable land sales on a price per squaze foot basis. Reconciliation The purpose of this appraisal is to estimate the mazket value of the fee simple interest of the subject property as previously described. The estimate ofvalue indicated by the valuation method in this report is follows: Sales Comparison Approach . . . . . . . . . . . . . . . . . $2,247,000 This final value reconciliarion is intended to arrive at a single estimate of value from the approaches followed, which is valid, realistic and consistent. Since the subject is a vacant commercial site, the only approach followed in this appraisal compazed the mazket sales of vacant land. The Sales Comparison Appmach involved the direct comparison of the property being appraised with similaz properties that have recently sold in the subject's area. Eight (8) vacant land sales were selected and analyzed. These transactions are believed to be representarive of the market for moderate sized comxnercial sites. The sales comparison approach is given principal weight in trus analysis as it reflects the mazket for moderate sized commercial land sales such as the subject We conclude, therefore, that the market valne of the fee simple interest in the subject property as previously defined, as of October 12, 2007, was, ~ TWO MII,LION TWO I3UNDRED FORTY-SEVEN THOUSAND DOLLARS $2,247,000 This appraisal is subject to the following limiting conditions in addition to those identified on pages three through five: The presence of hazardous substances such as petroleum products; sub-surface toxins, or other potentially hazardous maferials may affect the valne of the property. During our site inspection of the subject property it was vacant of any improvements with the esception of a chain link fence surrounding the site. However, the property was previously improved for many years and used by the Arcadia Mounted Police. Such activities on the property could have caused pollutioa to the site. Since the appraisers are not knowledgeable regarding hazardous materials we assume that the property does not contain hazardous or to~c substances. The client is urged to retain an expert in this field to conduct such an inspection, if desired. This value conclusion reflects the fair market value of the property as "clean to regulatory standards". MACf1/u c. nnncnt~ o.,.,~ r..s..a., n.,__..:""_ n..___..~~. ~ A United Title Company Preliminary Report dated Mazcb 12, 2003 was provided for our review. The title report covers Lot B consisting of 4.08 acies, which includes the subjecYs 1.214 acres as well as three other parcels. There aze numerous exceptions to title in Ehe report including various easements. These exceptions may or may not exist today and have an effect on the value estimate. This appraisal is conditioned on the assumption that the current exceptions to title do not have a material impact on the value conciusion stated in this report. In the event that subsequent information is made available that may impact the value estimate, the appraisers reserve the right to revise this appraisal. The appraisers assume that the condition of the property on the date of the value esfimate has not materially changed from the condition on the date of the property inspecrion by the appraisers. T7us appraisal assumes that Tentative Parcel Map 69271, dated June 14, 2007 is in place and represents the current ]egal configuration of the subject site. MASON & MASON Real Estate Aooraisers & Consultants ~~ RESOLLTTION NO. ARA 225 A RESOLUTION OF TF~ REDEVELOPMENT AGENCY OF 'I'I~ CITY OF ARCADIA APPROVING THE CONVEYANCE OF CERTAIN REAL PROPERTY FROM TI~ REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA TO THE CHURCH IN ARCADIA PURSUANT TO THAT CERTAIN PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA AND THE CI-IiJRCH IN ARCADIA AND MAKING CERTAIN FINDINGS REQUIRED BY LAW WHEREAS, pursuant to the provisions of the California Community Redevelopment Law (Califomia Health and Safety Code Section 33000 et se~c .) ("CRL"), the City Council ("City Council") of the City of Arcadia ("City") approved and adopted the Redevelopment Plan for the Central Redevelopment Project ("Redevelopment Plan"), which is applicable to a certain geographic area within the City ("Project Area"}; and WHEREAS, the Agency is engaged in activities necessary to execute and implement the Redevelopment Plan; and WI-IEREAS, the Agency owns a parcel of real property within the City that is located outside the Project Area, consisting of approximately 1.214 acres with the street address of 630 East Live Oak Avenue and identified as a portion of Assessor Parcel Number 8571-012-903 ("Live Oak Property"); and -1- WI-IEREAS, the Agency desires to acquire certain real property within the Project Area owned by the Church in Arcadia ("Church") and consisting of approximately 44,000 square feet with a street address of 21 Morlan Place and identified as Assessor Parcel Number 5775-025-026 ("Morlan Place Property"); and WI-IEREAS, the Agency intends to use the Morlan Place Property for the purpose of r•edevelopment within the Project Area; and WHEREAS, the Agency and the Church have negotiated the terms of an agreement entitled "Purchase. and Sale Agreement and Joint Escrow Instructions" ("AgreemenY') providing for, among other things, the transfer by the Agency of the Live Oak Property and additional consideration to the Church, including payment of certain interim costs during the relocation of the Church's facilities, in exchange for the transfer to the Agency of the Morlan Place Property; and WHEREAS, the Agency has determined that implementation of the Agreement: (1) is in the best interests of the City and the Agency and the health, safety and welfare of the City's taxpayers and residents and is in accordance with the public purposes set forth in the Redevelopment Plan and CRL; (2) strengthens the City's land use and social structure; and (3) will assist in eliminating economic and physical blight in the City; and -2- WHEREAS, pursuant to Governrnent Code Section 65402, the Planning Commission of the City has determined by issuance of CUP 07-12 and Architectural Design Review No. ADR 07-21 to the Church, by resolution dated January 8, 2008, that the ]ocation, purpose, extent and development of new Church facilities on the Live Oak Property to be transfened to the Church are in conformance with the City's general plan; and WHEREAS, pursuant to CRL Section 33433 the City Council of the City (acting as the Agency's legislative body) must make certain findings and determinations in connection with Agency's sale of the Live Oak Property that was acquired with Agency tax increment revenue; and WHEREAS, pursuant to CRL Section 33433, the Agency has prepared, and the City Council has reviewed and considered, a summary report ("Summary Report") setting forth: (1) the cost of the Agreement to the Agency; (2) the estimated value of the interest in the Live Oak Property to be conveyed; (3) an explanation of how the acquisition of the Morlan Place Property and conveyance of the Live Oak Property will assist in the elimination of blight within the Project Area; and (4) a copy of the Agreement. The Agency has made the Summary Report available for public inspection in accordance with CRL Section 33433; and WHEREAS, pursuant to CRL Section 33433, on January 14 and January 21, 2008 the Agency caused notice of the a joint public hearing of the City Council -3- and the Agency's Governing Board to be published in a newspaper of general circulation within the City; and WF-IEREAS, pursuant to the provisions of CRL Section 33433, on February 5, 2008, the City Council and the Agency's Governing Board held a duly noticed joint public hearing regarding the proposed Agreement; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA"), and the State's CEQA Guidelines, the City prepared an Initial Study and determined that there is no substantial evidence that the approval of CUP 07-12 and Architectural Design Review No. ADR 07-21 for the development of Church facilities on the Live Oak Property would result in a significant adverse effect on the environxnent, and a Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and WHEREAS, the Agency does not currently propose any development of the Morlan Place Properiy, so it can be seen with certainty that there is no possibility that the Agency's acquisition of the Morlan Pace Property may have any significant effect on the environment and, as a result, no CEQA review of this property acquisition is required. WI-IEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. -4- NOW, THEREEORE,_TI-IE_ARCADIA REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The Agency's Board of Directors approves the Agreement, in substantially the form presented to the Board of Directors and attached to the Summary Report as Exhibit "A." SECTION 2. The Executive Director is hereby authorized to execute the Agreement on behalf of the Agency, together with such changes and amendments as may be approved by both the Executive Director and Agency Counsel. The Executive Director is further authorized to take any actions and execute any and all necessary documents to implement the Agreement on behalf of the Agency. SECTION 3. The Agency determines that, pursuant to the Negative Declaration prepared by the City, there is no substantial evidence that the disposition of the Live Oak Property for the development of Church facilities would result in a significant adverse effect on the environment, and a Negative Declaration has been prepared and notice of that fact was given in the manner required by law. SECTION 4. The Agency further determines that its acquisition of the Morlan Place Property is exempt from environmental review under CEQA because -5- it can be seen with certainty that there is no possibility that such land acquisition may have any significant effect on the environment, as there is no development project currently proposed for the property. SECTION 5. The Agency authorizes and directs the Agency Secretary to fi18 all appropriate notices under CEQA with the Clerk of the Boazd of Supervisors of Los Angeles County regarding the CEQA determinations by the Agency contained in this Resolution within five (5) days following the date of adoption of this Resolution. SECTION 6. This Resolution shall take effect immediately upon its adoption. Passed, approved and adopted this day of 2008. ATTEST: Secretary of the Arcadia Redevelopment Agency APPROVED AS TO FORM: . c~~,~ c? ~~;~ Agency Attorney Chairman Arcadia Redevelopment Agency -6- RESOLLTTION NO. 6605 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING TI~ CONVEYANCE OF CERTAIN REAL PROPERTY FROM THE REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA TO TT~ CHLTRCH IN ARCADIA PURSUANT TO THAT CERTAIN PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTION3 BY AND BETWEEN TI~ REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA AND THE CIIURCH 1N ARCADIA AND MAKING CERT;AIN FINDINGS REQUIRED BY LAW WI~REAS, pursuant to the provisions of the California Community Redevelopment Law (California Health and Safety Code Section 33000 et se~c .) ("CRL"), the City Council ("City Council") of the City of Arcadia ("City") approved and adopted the Redevelopment Plan for the Central Redevelopment Project ("Redevelopment Plan"), which is applicable to a certain geographic area within the City ("Project Area"); and WHEREAS, the Agency is engaged in activities necessary to execute and implement the Redevelopment Plan; and WHEREAS, the Agency owns a parcel of real property within the City that is located outside the Project Area, consisting of approximately 1.214 acres with the street address of 630 East Live Oak Avenue and identified as a portion of Assessor Parcel Number 8571-012-903 ("Live Oak Properiy"); and -1- WHEREAS, _the Agency desires to acquire certain real property within the Project Area owned by the Church in Arcadia ("Church") and consisting of approximately 44,000 square feet with a street address of 21 Morlan Place and identified as Assessor Parcel Number 5775-025-026 ("Morlan Place Property"); and WHEREAS, the Agency intends to use the Morlan Place Property for the purpose of redevelopment within the Project Area; and WHEREAS, the Agency and the Church have negotiated the terms of an agreement entitled "Purchase and Sale Agreement and Joint Escrow Instructions" ("Agreement") providing for, among other things, the transfer by the Agency of the Live Oak Property and additional consideration to the Church, inciuding payment of certain interim costs during the relocation of the Church's facilities, in exchange for the transfer to the Agency of the Morlan Place Property; and WHEREAS, the Agency has deterrnined that implementation of the Agreement: (1) is in the best interests of the City and the Agency and the health, safety and welfare of the City's taxpayers and residents and is in accordance with the pubiic purposes set forth in the Redevelopment Plan and CRL; (2) strengthens the City's land use and social structure; and (3) will assist in eliminating economic and physical blight in the City; and -2- WHEREAS, pursuant to Government Code Section 65402, the Planning Commission of the City has determined by issuance of CUP 07-12 and Architectural Design Review No. ADR 07-21 to the Church, by resolution dated January 8, 2008, that the location, purpose, extent and development of new Church facilities on the Live Oak Property to be transferred to the Church are in conformance with the City's general plan; and WHEREAS, pursuant to CRL Section 33433 the City Council of the City (acting as the Agency's legislative body) must make certain findings and determinations in connection with Agency's sale of the Live Oak Property that was acquired with Agency tax increment revenue; and WHEREAS, pursuant to CRL Section 33433, the Agency has prepared, and the City Council has reviewed and considered, a summary report ("Summary Report") setting forth: (1) the cost of the Agreement to the Agency; (2) the estimated value of the interest in the Live Oak Property to be conveyed; (3) an explanation of how the acquisition of the Morlan Place Property and conveyance of the Live Oak Property will assist in the elimination of blight within the Project Area; and (4) a copy of the Agreement. T'he Agency has made the Summary Report available for public inspection in accordance with CRL Section 33433; and WHEREAS, pursuant to CRL Section 33433, on January 14 and January 21, 2008 the Agency caused notice of the a joint public hearing of the City Council -3- and the Agency's Governing Board to be published in a newspaper of general circulation within the City; and WHEREAS, pursuant to the provisions of CRL Section 33433, on February 5, 2008, the City Council and the Agency's Goveming Board held a cluly noticed joint public hearing regarding the proposed Agreement; and WHEREAS, pursuant to the provisions of the Califomia Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA"), and the State's CEQA Guidelines, the City prepared an Initial Study and determined that there is no substantial evidence that the approval of CUP 07-12 and Architectural Design Review No. ADR 07-21 for the development of Church facilities on the Live Oak Property would result in a significant adverse effect on the environment, and a Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and WHEREAS, the Agency does not currently propose any development of the Morlan Piace Property, so it can be seen with certainty that there is no possibility that the Agency's acquisition of the Morlan Pace Property may have any significant effect on the environment and, as a result, no CEQA review of this property acquisition is required. WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. -4- NOW, TI~REFORE, THE CITY COUNCIL OF TI~ CITY OF ARCADIA DOES ORDAIN, AS FOLLOWS: SECTION 1. The City Council finds and determines, based on the information made available in the Summary Report, the staff report accompanying this Resolution, the oral presentation of staff, and the other written and oral evidence presented to the City at or prior to the public hearing regarding the Agreement, that, pursuant to CRL Section 33433: (i) The conveyance of the Live Oak Property by the Agency to the Church will assist in the elimination of blight by providing the opportunity to redevelop the dilapidated and economically underutilized Morlan Place Property and providing for the development of the underutilized Live Oak Property; (ii) The acquisition of the Morlan Place Property is consistent with the implementation plan adopted by the Agency for the Project Area; and (iii) The consideration to the Agency for the transfer of the Live Oak Property to the Church is not less than the fair reuse value of the Live Oak Property with the covenants, conditions and development costs authorized by the sale. -5- SECTION 2. The City Council approves the Agreement in substantially the form attached to the Summary Report, together with non- substantive changes and amendments as may be approved by both the City Manager and the City Attorney. SECTION 3. The City Council determines that, pursuant to the Negative Declaration prepared by the City, there is no substantial evidence that the disposition of the Live Oak Property for the development of Church facilities would result in a significant adverse effect on the environment, and a Negative Declaration has been prepared and notice of that fact was given in the manner required by law. SECTION 4. The City Council further determines that its acquisition of the Morlan Place Property is exempt from environmental review under CEQA because it can be seen with certainty there is no possibility that such land acquisition may have any significant effect on the environment, as there is no development project currently proposed for the property. SECTION 5. The City Council authorizes and directs the City Clerk to file all appropriate notices under CEQA with the Clerk of the Board of Supervisors of Los Angeles County regarding the CEQA determinations by the City contained in this Resolution within five (5) days following the date of adoption of this Resolution. -6- SECTION 6. The City Clerk shall certify to the passage and adoption of this Resolution. SECTION 7. This Resolution shall take effect immediately upon its adoption. Passed, approved and adopted this day of 2008. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: , ~~,°~~ P ~3~,~~ Stephen P. Deitsch City Attorney -7- ^ ~--~--I~7 STAFF REPORT Arcadia Redevelopment Agency February 5, 2008 TO: Chairman and Redevelopment Agency Board ~ FROM: Jason Kruckeberg, Acting Development Services Director ~' SUBJECT: Authorize an approariation of $43.130 from the Arcadia Redevelo~ment ' Aqencv's Unproprammed Reserve for Redevelo~ment Area olanninq issues associated with the Citv's General Plan U~date Recommendation: Authorize and Appropriate SUMMARY The Development Services Department is recommending the City Council authorize the City Manager to execute a contract with Hogle-Ireland, Inc. for planning and consulting services to update the City's General Plan. As part of this contract, the Development Services Department is requesting an appropriation of $43,130 from the Arcadia Redevelopment Agency's Unprogrammed Reserve to address planning issues within the redevelopment area. The City's General Plan is long overdue for a comprehensive review and update and is in need of community input to insure that the Plan is reflective of the community's long-term goals. A significant portion of the proposed General Plan work relates to the Redevelopment Area, including substantial review of land use, housing options, density, and methods of improving and/or revitalizing Arcadia's downtown. DISCUSSION NOTE: PLEASE SEE COMPANION AGENDA ITEM #3a FOR A DETAILED DISCUSSION AND ADDITIONAL INFORMATION ON THE GENERAL PLAN UPDATE. The City of Arcadia last completed a comprehensive update of its General Plan in 1996. Subsequent to that, the City's Housing Element was revised in 2001. The California Government Code states that local governments must review and revise their general plans as often as they deem necessary or appropriate with the exception of Housing Elements, which are required to be revised every five years. Additionally, the Governor's Office of Planning and Research (OPR) is required to notify cities and counties with General Plans that have not been revised in eight (8) years or more. Because the City has not updated its General Plan in twelve (12) years, an update is necessary to not only meet State requirements but to keep pace with development patterns and to insure that community goals are being met. The appropriation is necessary because the overall cost of the General Plan Update contract includes a number of important study items directly related to the Redevelopment Area. For the past several years, most of the city's planning efforts have focused on the area in and around Santa Anita Park. Through the City's request for proposals on this project, the Development Services Department is attempting to re-focus attention on Arcadia's downtown. Specifically, a detailed investigation and planning process into determining the future of Downtown Arcadia is a significant goal of the project. To achieve this, the consultant selected for the General Plan project wili provide a detailed analysis of land use, residential density, traffic and circulation, and economic niche opportunities for the Downtown area. This effort will include extensive outreach to residents and the business community and will provide a number of opportunities to plan for and design future growth and development scenarios for the downtown area. The "downtown" area is substantially the same with the approved Redevelopment Area. In order, for continued revitalization of the Redevelopment Area and continued economic development within the area that reflects market conditions, this study is important and timely. FISCAL IMPACT The City Council approved $100,000 in the current budget from the Agency to cover the costs of General Plan issues related to downtown Arcadia. This proposal requests an additional $43,130 in funds from the Agency's Unprogrammed Reserve. The Agency's Unprogrammed Reserve currently contains sufficient funds to cover this cost. Utilization of these funds is justified as it is directly related to planning for housing and other redevelopment opportunities within the Redevelopment Area. RECOMMENDATION Approved: Authorize an appropriation of $43,130 from the Arcadia Redevelopment Agency's Unprogrammed Reserve for Redevelopment Area planning issues associated with the City's General Plan Update, subject to City Council approval of the contract with Hogle-Ireland, Inc. ,~m'~.c~ ~~-,.,,,-f-,,.~-~ Donald Penman, Executive Director Ceueral Plan Update -ARA February 5, 2008 Page 2 50:0001 CITY COUNCIUREDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, JANUARY 15, 2008 CALL TO ORDER Mayor Segal called the Special Meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Harbicht, Wuo and Segal ABSENT: None CLOSED SESSION/STUDY SESSION PUBLIC COMMENTS (5 minutes per person) None CLOSED SESSION Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the workers' compensation case of Ken Marston. STUDY SESSION a. Report, discussion and direction regarding the Management of Operations and Maintenance at the Arcadia Par 3 Golf Course. Public Works Services Director Pat Malloy provided an overview of the management and operation of the Arcadia Par 3 Golf Course. He noted that American Golf Corporation has leased the operations and maintenance of the golf course from the City for the past 20 years and the lease expires June 30, 2008. He further noted that since last August, the City has met on numerous occasions with American Golf and received several proposals as part of extending the lease. He reported that the course has averaged just over $1 million dollars a year in revenue and collected most recently about $148,000 a year. Management Aid Marie Rodriguez presented 5 options for consideration of the operation and management of Arcadia Par 3 Golf Course. She discussed that the City Council can choose to (1) accept the renewal proposal as is or negotiate further with American Golf Corporation, (2) operate and manage the golf course through the City only, (3) maintain the golf course and lease the operations to a golf pro and lease the food and beverage service to another vendor, (4) bid the golf course operations and maintenance in the open market, and (5) sell the golf course and property at fair market value. She further discussed the extension proposal from American Golf Corporation, revenue and rent forecast, and a forecast of revenues and expenditures. She noted that if the City Council chooses to pursue Option 2 and 3, staff recommends hiring a consultant to evaluate the earning potential. John Martin, Kare Youth League appeared and noted that Kare Youth League is willing, if possible, to purchase any of the bottom acres of the golf course at fair market price or lease any portion for after school sport programs. 01-15-2008 50:0002 A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Member Chandler_and_carried_on roll call vote to direct staff to send out Request for Proposals for the maintenance and operation of the Arcadia Par 3 Golf Course and report back to the City Council. AYES: Council/Agency Member Harbicht, Chandler, Amundson, Wuo and Segal NOES: None b. Report, discussion and direction regarding residential fire sprinkler system ordinance. Fire Chief Tony Trabbie reported that the Fire Code Ordinance dealing with residential fire sprinklers adopted at the November 20, 2007 City Council meeting is currently not being enforced because of some concerns expressed at that time, He noted that a couple of alternatives have been prepared by the Fire Marshall for consideration. Fire Marshall Mark Krikorian noted that the alternatives for City Council consideration are to keep the 2,500 square foot limit, but add exceptions for small additions based on percentage and place time limits on homes that are already greater than 2,500 or raise the limit to 3,000. He commented that if changes are to be made, staff recommends the flat limit because it makes it clear what the problem is and it meets the intent of the fire sprinkler ordinance regarding fire load and suppression hazards and it also maintains clarity for hoineowners/developers regarding enforcement. It was the consensus of the City Council to continue with the recently approved changes and monitor the situation and report back in 6 months. RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Segal convened the Regular Meeting at 7:00 p.m. in the Council Chamber. INVOCATION Dom Penman, City Manager PLEDGE OF ALLEGIANCE Council Member John Wuo ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Harbicht, Wuo and Segal ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION/STUDY SESSION ITEMS City Attorney Steve Deitsch reported that the City CouncillRedevelopment Agency Board met in a closed session meeting to consider the one (1) item listed on the posted agenda under closed session. No reportable action was taken. 01-15-2008 50:0003 In addition, Mr. Deitsch reported that a study session was conducted to consider the two items listed on the posted agenda. He reported that the first item, the-City Council upon motion by Council Member Harbicht, seconded by Council Member Chandler, unanimously directed staff to solicit proposals for the operation and maintenance of the Arcadia Par 3 Golf Course; and the second item dealt with residential fire sprinkler system regulations found in Section 903.6 of the California Fire Code as adopted by Arcadia Municipal Code Section 3124.4. He noted that the City Council, by consensus, gave direction to staff to maintain in place the existing regulations pertaining to fire sprinklers in existing buildings. SUPPLEMENTAL INFORMATION FROM CITY MANAGERlEXECUTIVE DIRECTOR REGARDING AGENDA ITEMS None MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council/Agency Member Amundson, seconded by Council/Agency Member Chandler and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. Mayor Segal announced that the City has reached an agreement with the Arcadia Police Officers Association; also Mayor Segal apologized to the police officers and the police officer association regarding information he read from a prepared statement at the December 4, 2007 City Council meeting rega~ding police officer and sergeant compensation; he noted that the information was incorrect and overstated by about 15%. City Manager pon Penman also apologized for the incorrect information given to the Mayor by staff. PRESENTATIONS a. Presentation of Proclamation to Red Cross in honor of National Blood Donor Month. b. Presentation of Proclamation to Arcadia Red Cross for 60'" Anniversary. PUBLIC HEARING CITY COUNCIL ITEMS: a. 2008-2009 STATEMENT OF OBJECTIVES AND PROJECT USE OF COMMUNITY DEVELOPMENT BLOCK GRANT ICDBGI FUNDS. Recommended Action: Approve Jason Kruckeberg, Development Services Director provided the staff report regarding the 2008- 2009 Statement of Objects and Project Use of Community Development Block Grant (CDBG) funds; he reported that the City has participated in this program for approximately 34 years; that the objective of the program is to provide assistance to low and moderate-income families enabling them to participate in various community activities including improvement of their property. He further reported that the City will receive approximately $411,637 in block grant 01-15-2008 50:0004 funds for fiscal year 2008-09 which will fund single family housing rehabilitation, meals on wheels, meals . for _seniors, - youth -services and information and referral services for the community. Mr. Kruckeberg commented that staff proposes to fund the programs noted in the staff repoR for 2008-09 in addition to $50,000 for sidewalk repair and handicap ramp improvements which will come from the housing rehabilitation allocated amount. A motion to close the public hearing was made by Council/Agency Member Chandler, seconded by Council/Agency Member Wuo, and seeing no further objection, the Mayor closed the public hearing. A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Member Harbicht and carried on roll call vote to approve the allocation of funds as outlined in Table 1 and authorize the City Manager to modify the program allocation should amendments become necessary and execute the Memorandum of Understanding with the Los Angeles County Community Development Commission, which are submitted to the County at a later date. AYES: Council/Agency Member Chandler, Harbicht, Amundson, Wuo and Segal NOES: None PUBLIC COMMENTS Troy Hernandez appeared and thanked the City Council and City Manager in reaching an agreement with the Arcadia Police Officers Association and thanked the public for their support. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CCERK Council Member Amundson thanked the City Manager and the Mayor for reaching an agreement with the Arcadia Police Officers Association and congratulated Don Penman. In response to an inquiry by Council Member Amundson regarding the status of the Shops at Santa Anita, Mr. Kruckeberg responded that a court date is set for April 17 to hear the case. Mr. Penman further responded that the Judge assigned to hear this matter is retiring at the end of January and the City is not aware if the scheduled court date will be delayed. Council Member Amundson further announced that the Chamber of Commerce is having an e- waste event on February 2nd and 3rd at the north parking of City Hall; and noted that Election Day is on February 5th and on the ballot is an initiative that will once again try to keep Sacramento from taking money out of the transportation fund and using it for other purposes. Council Member Chandler commented on reaching an agreement with the Arcadia Police Offcers Association and thanked Mayor Segal and Mr. Penman. Council Member Wuo welcomed and congratulated Don Penman as the City's new City Manager; he .commented on the settlement agreement with the Arcadia Police Officers Association; he announced that opening day for the Bejing Olympics is August 8th at 8:00; he wished everyone a Happy New Year and announced that the Chinese New Year is February 7th. 01-15-2008 50:0005 In response to an inquiry by Council Member Harbicht regarding the signal timers being switched back to traffic actuated, City Engineer Phil Wray responded that the signal timers should be switched back soon. He noted that the City's contractors need to cut the loops and then the signal maintenance contractors to complete the readjusting in the controllers. Mayor Segal thanked the Police Officers Association and fellow council members and the efforts by both sides in reaching an agreement; he announced that on January 26 from 2-4pm at the Chapter House, the Arcadia Chapter of the American Red Cross will be having a reception and announced that the City received a letter from the National Arbor Day Foundation that the City has been named "Tree City USA" again. City Clerk Barrows announced that the Arcadia High School Music Department will have its annual Spaghetti Dinner on January 19th from 4-9pm and invited everyone to attend. 2. ARCADIA REDEVELOPMENT AGENCY EXECUTIVE DIRECTOR REPORT a. City Manager pon Penman provided an overview of the negotiations with the Church of Arcadia over the past 2 years to acquire their property and relocate them to an alternate site; he noted that the alternate site is on Live Oak adjacent to the water facilities and the golf course. He further noted that the Agency previously instructed staff to proceed and acquire properties in the event the Rusnak expansion project proceeds. Mr. Penman explained that as part of the negotiations and process with the Church, the City must sell the Live Oak site to the Redevelopment Agency with the Agency eventually conveying the property to the Church. He further explained that staff recommends the Agency execute a promissory note in the amount of $2,247,000 and then under the City Council agenda, staff will be recommending that the City execute a quitclaim deed to quitclaim the property to the agency. A motion was made by Agency Member Harbicht, seconded by Agency Member Chandler and carried on roll call vote to authorize the Executive Director to execute a Promissory Note for the Arcadia Redevelopment Agency in an amount of $2,247,000 for real property located at 630 E. Live Oak Avenue in exchange for execution of a Quitclaim Deed from the City of Arcadia; and approve an appropriation of funds to complete the acquisition of the Church in Arcadia property located at 21 Moran Place in the amount of $500,000. AYES: Agency Member Harbicht, Chandler, Amundson, Wuo and Segal NOES: None 01-15-2008 LOCATED AT 21 MORLAN PLACE IN THE AMOUNT OF $500 000 Recommended Action: Approve 50:0006 3. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. SPECIAL MEETING MINUTES OF NOVEMBER 28. 2007. REGULAR MEETING MINUTES OF DECEMBER 4. 2007 AND SPECIAL MEETING MINUTES OF DECEMBER 18. 2007. Recommended Action: Approve CITY COUNCIL ITEMS: b. SPECIAL MEETING MINUTES OF NOVEMBER 28 2007 REGULAR MEETING MINCITES OF DECEMBER 4. 2007 AND SPECIAL MEETING MINUTES OF DECEMBER 18. 2007. Recommended Action: Approve c. d. ORDINANCE N0. 2237 AMENDING THE ARCADIA MUNICIPAL CODE RELATING TO PARK FACILITIES IMPACT FEES. Recommended Action: Adopt e. ORDINANCE NO 2238 REGULATING CABLE. VIDEO SERVICES AND TELECOMMUNICATIONS SERVICE. Recommended Action: Introduce 9~ h. 01-15-2008 6 Recommended Action: Adopt Recommended Action: Approve Recommended Action: Approve Recommended Action: Approve ACCORDANCE WITH CONTRACT DOCUMENTS. Recommended Action: Approve 50:0007 APPROVE THE PURCHASE OF COMPUTER EQUIPMENT. RELATED PERIPHERALS AND OPERATING SYSTEMS. Recommended Action: Approve k. I. APPROVE FINAL MAP NO. 63859 FOR A SIX-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 1020 WEST HUNTINGTON DRIVE. Recommended Action: Approve Council Member Harbicht noted that he abstains from the November 28, 2007 and December 4, 2007 minutes. A motion was made by CounciVAgency Member Chandler, seconded by Council/Agency Member Harbicht and carried on roll call vote to approve items 3.a through 3.1 on the City Council/Agency Consent Calendar. AYES: Council Member Chandler, Harbicht, Amundson, Wuo and Segal NOES: None ABSTAIN: Council Member Harbicht (November 28, 20~8 and December 4, 2007) CITY MANAGER a. Police Chief Sanderson presented the staff report recommending that the Arcadia Municipal Code be amended relating to overnight parking restrictions with a change in time from 3:00 a.m. and 6:00 a.m. to 3:00 a.m. and 5:00 a.m.; he noted that the current overnight parking restrictions has been in existence for over 35 years and due to longer commute times and changes in work schedules of residents, a change in the overnight parking restrictions time is being proposed. A motion was made by Council Member Harbicht seconded by Council Member Wuo and carried on roll call vote to Introduce Ordinance No. 2236 amending Section 3214.1 of the Arcadia Municipal Code relating to the Uniform Traffic Ordinance concerning early morning parking hours. AYES: Council Member Harbicht, Wuo, Amundson, Chandler and Segal NOES: None 01-15-2008 7 WITH LIEBERT CASSIDY WHITMORE AND JACKSON LEWIS LLP UNDER LETTER AGREEMENTS. Recommended Action: Approve Recommended Action: Introduce 50:0008 b. RESOLUTION NO. 6602 ESTABLISHING PARK FACILITIES IMPACT FEES (CONTINUED FROM DECEMBER 4. 20071. Recommended Action: Adopt Deputy Public Works Services Director Tom Tait presented the staff repoR and provided a summary of the proposed Park Facilities Impact-Fees; he noted that the current fee structure for park charges was adopted in 1963 and have not been updated; he noted that the Parks and Recreation Master Plan adopted November 6, 2007 recommends updating the current fees in order to provide funding to develop and expand park facilities for new development. Mr. Tait further noted that as a result of public input, 3 options are presented for consideration for the establishment of Park Facilities Impact fees which include the original recommended fee, a modified fee and maintain the existing fee structure in piace. A motion was made by Council Member Chandler, seconded by Council Member Harbicht and carried on roll call vote to adopt Resolution No. 6602 (Option 1) establishing City of Arcadia Park Facilities Impact Fees. AYES: Council Member Chandler, Harbicht and Segal NOES: Councii Member Amundson and Wuo c. UPDATE ON THE ESTABLISHMENT OF A CITYWIDE AND AREA 8 STREET LIGHTING ASSESSMENT DISTRICTS. Recommended Action: Provide Direction Pat Malloy, Public Works Services Director provided an update on the proposed citywide and Area 8 street lighting assessment districts; provided a brief summary of City Council direction at past study sessions and the public hearing; and discussed the timelines and schedules of phases for completing the process by July 2008. He reported that the City is on schedule and preparing to move into the next phase of the process which is public notification and workshops with the public. Tom Tait, Deputy Public Works Services Director presented a PowerPoint presentation on the progress made regarding the establishment of the citywide and Area S Street Lighting Assessment Districts; he explained that areas are proposed to be assessed based on the level of benefit from street lighting, proposed budget assessments for each' zone and the maximum proposed assessment that each assessed parcel will pay for 2008-09 property tax rolls. He further explained that the distribution breakdown is 68% City responsibility and 32% is the property owner's responsibility. He noted that notices to all property owners will be sent out in February for public workshops in March and May, ballots will be mailed out mid-May and a public hearing scheduled for July 15 to receive public comments. Maria Aquino, Management Analyst, Public Works Services Department provided an update regarding the upgrade of street lighting poles and fixtures requested by Area 8, Santa Anita Home Owner's Association. She noted that Area 8 will be paying, if approved, the proposed annual maintenance and operations including the cost of the new street light poles, material and construction; she explained the payment plan, assessment methodology, property owner workshops and ballot process. She explained that if Area 8 is unsuccessful, the light poles would remain the same and at a later time, would be able to participate in the city wide assessment. She noted that staff seeks direction on the citywide and Area 8 proposed budget assessments be included in the Engineer's Report for the 2008-2009 property tax and authorize 01-15-2008 8 50:0009 staff to proceed with public outreach efforts and property owner works for the citywide and Area 8 Districts. A motion was made by Council Member Segal, seconded by Council Member Harbicht and carried on roll call vote that the City continue to fund street lights at the current level from the General Fund with the balance to be paid by the property owners with cost of living adjustments to be applied annually on a proportional basis; and authorize staff to proceed with public outreach efforts and property owner workshops for the Citywide and Area 8 Districts. AYES: Council Member Segal, Harbicht, Amundson, Chandler and Wuo NOES: None d. ARCADIA FOR A JOINT USE GYMNASIUM AT DANA MIDDLE SCHOOL AND APPROPRIATE $69.500 FROM TME GENERAL FUND RESERVE FOR PAST AND FUTURE WORK ON THIS PROJECT. Recommended Action: Approve Pat Malloy, Director of Public Works Services provided an update regarding the proposed gymnasium at Foothills Middle School; he noted that in 2006, the School District and the City jointly applied for State funding for the project and agreed to share equally costs associated with the grant application process; he reported that the grant was approved and consultants hired by the school district suggested that an active fault may be present in the vicinity of the proposed gymnasium; he further reported that current standards for new educational construction would not permit the proposed gymnasium at this site. He explained the 3 options available for the City to pursue and recommends that the City reapply for a new grant for a gymnasium at Dana Middle School. He explained that the State will still contribute up to $1.5 million dollars for the construction of the gymnasium. He further explained that the estimated cost of construction is $5.5 million dollars; that the District and the City would equally share the remaining cost if funding is approved of up to $2 million dollars, which is $500,000 more than previously approved. He noted that all conditions of the agreement would remain the same; he further noted that the School District has requested that the City share in the cost to complete the geological assessment at Foothills Middle School; and that staff recommends that the City Council authorize the City Manager to execute a new Joint Use Agreement between the Arcadia Unified School District and the City at the Dana Middle School site and appropriate $69,500 from the general fund reserve for past and future work on this project. A motion was made by Council Member Harbicht, seconded by Council Member Wuo and carried on roll call vote to authorize the City Manager to execute a Joint Use Agreement between the Arcadia Unified School District and the City of Arcadia for a joint use gymnasium at Dana Middle School and appropriate $69,500 from the General Fund Reserve for past and future work on this project and direct the City Manager to contact the School District Superintendent to explore the possibility of sharing the cost of a new gymnasium equally should the grant not be available. AYES: Council Member Harbicht, Wuo, Amundson, Chandler and Segal NOES: None 01-15-2008 50:00010 e. AUTHORIZE THE CITY MANAGER TO EXECUTE A QUITCLAIM DEED FOR REAL PROPERTY OWNED BY THE CITY OF-ARCADIA LOCATED AT 630 E. LIVE OAK IN EXCHANGE FOR A PROMISSORY NOTE FROM THE CITY OF ARCADIA REDEVELOPMENT AGENCY IN THE AMOUNT OF $2,247,000. Recommended Action: Approve A motion was made by Council Member Harbicht, seconded by Council Member Wuo and carried on roll call vote to authorize the City Manager to execute a Quitclaim Deed for real property owned by the City of Arcadia located at 630 E. Live Oak in exchange for a Promissory Note from the City of Arcadia Redevelopment Agency in the amount of $2,247,000. AYES: Council Member Harbicht, Wuo, Amundson, Chandler and Segal NOES: None ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting at 9:35 p.m. to February 5,. 2008 at 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk i ''1 -- ~ ~'1 `'~'i ~ ~~1~-~~tir,. ~~~,~ , ey: Lisa Mussenden, Chief Deputy City Clerk 01-15-2008 10 ORDINANCE NO. 2236 AN ORDINANCE OF THE CITY COUNCIL OF T`HE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 3214.1 OF THE ARCADIA MLTNICIPAL CODE RELATING TO THE UNIFORM TRAFFIC ORDINANCE CONCERNING EARLY MORNING PARKING HOURS THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3214.1 of the Arcadia Municipal Code is hereby amended to read in its entirety follows: "3214.1 SECTION 11.9. ADDED. To Article XI of said Uniform Traffic Ordinance is added a new Section 11.9, as follows: 11.9. Early Morning Parking ProMbited. No person shall park any vehicle of a maximum gross weight limit of six thousand (6,000) pounds or less on any street between the hours of 3 o'clock a.m. and 5 o'clock a.m. on any day." SECTION 2. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. This Ordinance sha11 take effect on the thirty-first (3151) following its adoption. i Passed, approved and adopted tlus day of , zoos. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: c~~ ~ ~,~~~ Stephen P. Deitsch City Attorney z , A ~o~i f~~l~~) \ ~ STAFF REPQRT Police Deparhnent DATE: January 15, 2008 TO: Mayor and Members of the City Council FROM: Robert P. Sanderson, Chief of Police~~ Prepared by: Nancy Chik, Management Ana~,~CSt~. SUBJECT: Parkina Hours Recom mendation: I ntroduce SUMMARY The Police Department recommends amending Section 3214.1 of the Arcadia Municipal Code relating to the Uniform Traffic Ordinance. This change will amend the ovemight parking restrictions from between 3:00 a.m. and 6:00 a.m. to 3:00 a.m. and 5:00 a.m. BACKGROUND AND DISCUSSION Prohibited parking of vehicles on City streets between the hours of 3:00 a.m. and 6:00 a.m. has been in existence for over 35 years. Parking befinreen those hours is prohibited except by temporary or annual parking permit. The requirement of an all- night parking permit reduces the number of vehicles parked overnight on the street. It is also a benefit in the police law enforcement aspect by identifying vehicles that are not transient in the City. However, due to longer commute times and the change in wock patterns of residents wherein they have to leave for work earlier in the morning, the City Council suggested amending the overnight parking restrictions to 3:00 a.m. and 5:00 a.m. This change will still help retain the spirit of the ordinance, which is not to allow overnight parking on City streets, and it will only apply to vehicles under six thousand (6,000) pounds. Based on the above recommended change, the section pertaining to the ovemight parking restrictions in the municipal code will read as follows: "3214.1 Section 11.9. Eariy Moming Parking Prohibited. No person shall park any vehicle of a maximum gross weight limit of six thousand (6,000) pounds or less or any street beNveen the hours of 3 o'clock a.m. and 5 o'clock a.m. on any day." FISCAL IMPACT Because there will be an hour reduction in the enforcement of the ovemight parking restriction, the City will incur some revenue loss, which could be as high as $100,000 based on the current hours of enforcement and revenue generated. However, parking fine revenues are still significantly higher since the City contracted for the service. Additionaily, there will be a normal cost to change the hours on the posted signs in the City to reflect the new hours and to change the annual parking permit application information. RECOMMENDATION introduce Ordinance No. 2236 amending Section 3214.1 of the Arcadia Municipal Code Relating to the Uniform Traffic Ordinance Conceming Early Morning Parking Hours. Approved: ~e,-~ ~~-` Don Penman, City Manager ~ ` ORDINANCE NO. 2238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, REGULATING CABLE, VIDEO SERVICES AND TELECOMMUNICATIONS SERVICE WHEREAS, the Communications Act of 1934 (48 Stat. 1064, IS USC § 21; 47 USC §§ 35, Section 621 [47 U.S.C. 541] (b)(1) states, except to the extent provided in paragraph (2) and subsection (~, a cable operator may not provide cable service without a franchise: and WHEREAS, the Communications Act of 1934 (48 Stat. 1064, 15 USC § 21; 47 USC §§ 35, Section 653. [47 U.S.C. 573] (a) (I) states a local exchange carrier may provide cable service to its cable service subscribers in its telephone service area through an open video system that complies with this Section; and WHEREAS, California Government Code Section 53066 (a) states that any city or county or city and county in the State of Califomia may, pursuant to such provisions as may be prescribed by its goveming body, authorize by franchise or license the construction of a community antenna television system. In connection therewith, the goveming body may prescribe such rules and regulations as it deems advisable to protect the individual subscribers to the services of such communiry antenna television system; and WHEREAS, local franchise authority under California Government Code Section 53066 was modified on January 1, 2007 pursuant to the California Digital Infrastructure and Video Competition Act of 2006 (DIVCA or AB2987), which added Public Utilities Code Section 5800 et seq., establishing procedures for entities to apply for state video service franchises and pre-empting local authority to award cable television franchise agreements effective January 2, 2008; and WHEREAS, the federal Telecommunications Act of 1996 preempts and declares invalid ~- all state rules that restrict entry or limit competition in both local and long-distance telephone service; and WHEREAS, the California Public Utilities Commission ("CPUC") is primarily responsible for the implementation of Digital Infrastructure and Video Competition Act of 2006, local telephone competition, and it issues certificates of public convenience and necessiry to new entrants that are qualified to provide competitive local telephone exchange services and related telecommunications service, whether using their own facilities or the facilities or services provided by other authorized telephone corporations and holders of state video franchises (State Franchise Holders); and WHEREAS, Section 234(a) of the California Public Utilities Code defines a"telephone corporation" as "every corporation or person owning, controlling, operating, or managing any telepbone line for compensation within this state"; and WHEREAS, Section 6l6 of the California Public Utilities Code provides that a telephone corporation "may condemn any property necessary for the construction and maintenance of its telephone line"; and WHEREAS, Section 2902 of the California Public Utilities Code authorizes municipal corporations to retain their powers of control to supervise and regulate the relationships between a public utility and the general public in matters affecting the health, convenience, and safety of the general public, including matters such as the use and repair of public streets by any public utility and the location of the poles, wires, mains, or conduits of any public utility on, under, or above any public streets; and -2- i- WHEREAS, Section 7901 of the California Public Utilities Code authorizes telephone and telegraph corporations to cons[ruct telephone or telegraph lines along and upon any public road or highway, along or across any of the waters or lands within this state, and to erect poles, posts, piers, or abutments for supporting the insulators, wires, and other necessary fixtures of their lines, in such manner and at such points as not to incommode the public use of the road or highway or interrupt the navigation of the waters; and WHEREAS, Sections 7901.1 and 5885 (a) of the California Public Utilities Code confirms the right of municipalities to exercise reasonable control as to the time, place, and manner in which roads, highways, and waterways are accessed, which control must be applied to all entities in an equivalent manner, and may involve the imposition of fees; and WHEREAS, Section 50030 of the California Government Code provides that any permit fee imposed by a city for the placement, installation, repair, or upgrading of telecommunications facilities, such as lines, poles, or antennas, by a telephone corporation that has obtained all required authorizations from the CPUC and the FCC to provide telecommunications services, must not exceed the reasonable costs of providing the service for which the fee is charged, and must not be levied for general revenue purposes; and WHEREAS, Section 53088.2(q) of the California Government Code, part of the °Video Customer Service Act,° provides that nothing in the Video Customer Service Act limits the power of a city, county, or ciry and county or video provider to adopt and enforce service standards and consumer protection standards which exceed those established in the Video Customer Service Act. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: -3- SECTION 1. Chapter 7, Article VII of the Arcadia Municipal Code is hereby amended (- in its entirety to read as follows: CHAPTER 7 ARTICLE VII CABLE TELEVISION SYSTEMS GENERAL PROVISIONS Section 7700 Short title Section 7701 Authority Section 7702 Defined Terms and Phrases PROCEDURES FOR GRANTING RENEWING TRANSFERRING, AND ACQUIRING CABLE TELEVISION FRANCHISES Section 7703 A Franchise is required to operate a Cable System Section 7704 The City may grant a Cable Franchise Section 7705 Franchise duration and renewal Section 7706 Limitations of Franchise Section 7707 Rights reserved to the City Section 7708 Transfers and assignments Section 7709 Franchise Area; annexations Section 7710 Application for Franchises; contents of application Section 7711 [RESERVED] Section 7712 Franchise renewal Section 7713 Multiple Franchises Section 7714 [RESERVED] Section 7715 Franchise fee for Cable Services Section 7716 Contents of cable television Franchise _ -4- ( Section 7717 Breach of Franchise; grounds for assessment of penalties and Franchise revocation Section 7718 Procedure for adjudication of breaches of the Franchise Section 7719 Hearing Officer hearing procedures Section 7720 City Council hearing procedures Section 7721 Penalties for breach of the Franchise Section 7722 Alternative remedies Section 7723 Removal and abandonment; purchase of system Section 7724 Receivership and foreclosure DESIGN AND CONSTRUCTION Section 7725 Undergrounding Section 7726 Use of poles Section 7727 Construction standards Section 7728 Approvais Section 7729 Submission of drawings Section 7730 Relocation of facilities and equipment Section 7731 Maintenance CONSUMER PROTECTION AND SERVICE STANDARDS Section 7732 Operational Standards Section 7733 Service Standards Section 7734 Billing and Informatio~ Standards Section 7735 Verification Compliance with Standards Section 7736 Subscriber Complaints and Disputes i Section 7737 Disconnection/Downgrades -5- Section 7738 Negative Option Billing Prohibited Section 7739 Deposits Section 7740 Parental Control Options Section 7741 Additional Requirements Section 7742 Penalties for Noncompliance Section 7743 Additional Consumer Protection and Services Standards Section 7744 Compatibility with consumer electronics equipment RATES Section 7745 [RESERVED] Section 7746 Billing procedures Section 7747 Refunds Section 7748 Notice of rate increases ' Section 7749 Non-discrimination and customer privacy Section 7750 Written or oral notice to enter property Section 7751 Notice regarding channel scrambling SERVICE PROVISIONS Section 7752 Tenant rights Section 7753 Continuity of service mandatory OPEN VIDEO SYSTEMS Section 7754 Applicability Section 7755 Application required Section 7756 [RESERVED] Section 7757 Agreement required and Fees for OVS Providers ~ -6- i ~. OTHER VIDEO AND TELECOMMUNICATIONS SERVICES AND SYSTEMS Section 7758 Other multichannel video programming distributors Section 7759 Video providers-registration; customer service standards Section 7760 Telecommunications service provided by telephone corporations Section 7761 Public, Educational, And Governmental Access Support Fee (PEG Fee) and Requirement to Provide Peg Channels CONSTRUCTION REOUIREMENTS FOR STATE FRANCI3ISE HOLDERS Section 7762 Permits, installation and service Section 7763 [RESERVED] Section 7764 Methods and materials of street construction Section 7765 Technical standards Section 7766 Location of Property of State Franchise Holder Section 7767 Removal and Abandonment of Property of State Franchise Holder Section 7768 Changes Required by Public Improvemen[s Section 7769 Failure to Perform Street Work Section 7770 [RESERVED] ADNIINISTRATION AND ENFORCEMENT PROVISIONS FOR STATE FRANCHI5E HOLDERS ~`~ . Section 7771 Protection of City against liability Section 7772 Security fund Section 7773 Construction bond Section 7774 Defined Terms and Phrases -7- GENERAI. PROVISIONS 7700. SHORT TITLE. This title is known and may be cited as the "Cable, Video Service, and Telecommunications Service Providers Ordinance" of the City of Arcadia. 7701. AUTHORITY. This Chapter is enacted by the City of Arcadia pursuant to City Charter authority, the Cable Act, the City's police powers, its powers and rights to control the use of the Public Right- of-Way within the City, and all other applicable laws. The requirements of this Chapter shall be applicable to State Franchise Holders (as defined herein) to the greatest extent allowed under Sate and Federal Law, but shall not apply to 5tate Franchise Holders to the extent such application is prohibited or precluded by applicable law. 7702. DEFINED TERMS AND PHRASES. Various terms and phrases used in this chapter are defined below in Section 7775. I PROCEDURES FOR GRANTING RENEWING, TRANSFERRING, AND ACQUIRING CABLE TELEVISION FRANCHISES 7703. A FRANCHISE IS REQUIRED TO OPERATE CABLE SYSTEM. (A) It shall be unlawful for any person to establish, operate or carry on the business of distributing to any persons in the City any Cable Service or Video Programming, by means of a Cable System, unless a Franchise or State Video Franchise therefor is first obtained pursuant to the provisions of this Chapter, and unless such Franchise or State Video Franchise is in full force and effect. (B) It shall be unlawful for any .person to construct, install or maintain within any Public Right-of-Way in the City, or within any other public property of the City, or within any privately owned area within the City which 6as not yet become a Public Right-of-Way but is - -8- designated or delineated as a proposed Public Right-of-Way on any tentative subdivision map approved by the City, any equipment or facilities for distributing any Cable Services or Video Services, by means of a Cable System, unless a Franchise or State Video Franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such Franchise or State Video Franchise is in full force and effect. (C) It shall be unlawful for any person to make any unauthorized connection, whether physicaily, electronical]y, acoustically, inductively or otherwise, with any part of a Cable System within this City for ttie purpose of enabling him or herself or others to receive any Cable Services, without the permission of Grantee or a State Franchise Holder. (D) It shail be unlawful for any person, without the consent of Grantee or a State Franchise Holder, to willfully tamper with, remove, or injure any cables, wires, or equipment used in conjunction with a Cable System. (E) This Section shall be construed to require a Franchise in every instance, except to the extent that such requirement is preempted by state or federal law. 7704. THE CITY MAY GRANT A CABLE FRANCHISE. Consistent with Public Utilities Code Section 5840 (c), up until January 2, 2008, the City may by ordinance or resolution grant a Franchise to any person, whether operating pursuant to an existing Franchise or not, who offers to provide a Cable Service pursuant to the terms and provisions of this Chapter. The Franchise shall be subject to all ordinances and regulations of general application now in effect or subsequently enacted, including, without limitation, those conceming encroachment permits, business licenses, zoning, and building. -9- 7705. FRANCHISE DURATION AND RENEWAL. (A) The term of the Franchise or any Franchise renewal shall be established in the Franchise Agreement unless otherwise established subject to state or federal law. (B) A Franchise may be renewed by the City upon application of Grantee pursuant to procedures established by the City, subject to applicable federal and state law. In the event the City does not establish such renewal procedures, the Franchise renewal procedures set forth in the Cable Act shall apply. (C) Until January 2, 2008, a Franchise may be renewed by the City upon application of the Grantee pursuant to procedures established by the City, subject to applicable federal and state law. In the event the City does not establish such renewal procedures, the franchise renewal procedures set forth in federa] law shall apply. After January 2, 2008, all video service franchises i will be granted and renewed under state law unless otherwise preempted by federal law. 7706. LIMITATIONS OF FRANCffiSE. (A) Any Franchise granted under this chapter shall be nonexclusive and for the term specified by the Franchise Agreement. (B) No privilege or exemption shail be granted or conferred by any Franchise granted under this chapter except those specifically presented herein. (C) The grant of a Franchise, right, or license to use Public Right-of-Way for purposes of providing Cable Service shall not be construed as a right or license to use such Public Right-of-Way for any other purpose. (D) My privilege claimed by Grantee under a Franchise in a Public Right-of-Way or any other public property shall be subordinate to any prior or subsequent lawful occupancy or use thereof, or easement therein, by the City or other government entity. -10- (E) A Franchise granted hereunder shall not relieve Grantee of any obligation related to obtaining pole space from any department of the City, utility company, or from others maintaining poles in the Public Right-of-Way. (F) Any right or power in, or duty imposed upon any officer, employee, department, . or board of the City shall be subject to transfer by the City to any other officer, employee, department, or board of the City. 7707. RIGHTS RESERVED TO THE CITY. (A) Subject to those restrictions, if any, that are mandated by state or federal law, neither the granting of any Franchise nor any of the provisions of this chapter shall be construed to prevent the City from granting additional Franchises. (B) Grantee, by its acceptance of any Franchise, agrees to be bound by all ordinances and regulations of general application now in effect or subsequently enacted (including, without limitation, those that concern encroachment permits, business licenses, zoning and building) and to comply with any action or requirements of the City in its exercise of such rights or power; provided, however, that such ordinances and regulations shall not materially affect Grantee's rights or obligations under the Franchise. (C) Neither the granting of any Franchise, nor any of the provisions of this chapter, shall constitute a waiver or bar to the exercise of any governmental right or power of the City. (D) This Chapter shall not be construed to impair or aFfect, in any way, the right of the City to acquire the property of Grantee through the exercise of the power of eminent domain, in accordance with applicable law.. ~_- . ~'~_, (E) The City Council may do all things that are necessary in the exercise of its ~ jurisdiction under this Chapter and may determine any question of fact that may arise during the existence of any Franchise granted under [his chapter. 7708. TRANSFERS AND ASSIGNMENTS. (A) No Franchise shall be transferred, sold or assigned, nor shall any of the rights, privileges, interests or property related to the Franchise be transferred, sold, hypothecated or assigned, either in whole or in paR, directly or indirectly, voluntarily or involuntarily, to any Person without the prior consent of the City granted by resolution of the City Council. The granting of a security interest in any assets of the Grantee, or any mortgage or other hypothecation, will not be deemed a transfer for the purposes of this section. (B) Transfer of a Franchise includes, but is not limited to, any transaction in whic6 control of the Franchise is transferred from one Person or group of Persons to another Person or (. group of Persons, or ownership or other interest in Grantee or its Cable System is transferred from one Person or group of Persons to another Person or group of Persons, or the rights and obligations held by Grantee under the Franchise Agreement are transferred or assigned to another Person or group of Persons. In addition, a transfer of the Franchise shall be deemed to have occurred upon the transfer on a cumulative basis of ownership or control of 20% of (1) the voting interest of Grantee, or (2) the Person exercising management authority over Grantee. (C) Grantee shall promptly notify the City in writing of a proposed transfer and shall file with the City Manager an application requesting approval of the proposed transfer ("Transfer Application"). The Transfer Application shall meet the requirements of Section 7710 (with the transferee being the applicant), and shall provide complete information on the proposed 12- transaction,, including a copy of the bona fide offer, and details on the legal, financial, technical and other qualifications of the transferee. (D) In making a determination on whether to approve the Transfer Application, the City Council shall consider the legal, financial, technical and other qualifications of the transferee to operate the system, whether the incumbent Cable System operator is in compliance with its Franchise Agreement and this chapter and, if not, the candidate transferee's commitment and plan ro cure such noncompliance, whether operation by the transferee would adversely affect Cable Services to Subscribers or otherwise be contrary to the public interest, and such other criteria provided for by applicable state and federal law. (E) A Transfer Application shall not be granted unless the proposed transferee agrees in writing that it will abide by and accept all terms of this chapter, the Franchise Agreement, and such other agreements, regulations or restric[ions that pertain to the Franchise, assume the obligations and liabilities of the previous Grantee under the Franchise, and assume such other conditions as may be prescribed by the City Council resolution approving the transfer. (F) Approval by the City of a Transfer Application does not constitute a waiver or release of any of the rights of the City under this chapter or a Franchise Agreement, whether arising before or after the date of the transfer. 7709. FRANCHISE AREA; ANNEXATIONS. (A) The Franchise Area shall be established by the Franchise Agreement. (B) Territory annexed to the City ("Annexed Territory") that is not within the Franchise Area of an existing Franchise may be added to Grantee's Franchise pursuant to City Council resolution. -13- (C) AIl rights acquired under a Franchise orlicense granted by a public entity other ; ~. than the City (°Foreign Franchise") shall terminate by operation of law as to Annexed Territory where Grantee of such Franchise or license has not commenced installation of a Cable System in the annexed territory before the date such annexation becomes effective. Where feasible, City shall provide notice to the holder of a Foreign Franchise of the City's intent to annex tenitory that may result in a termination under this section. Failure to provide such notice shall not affect the termination of the Foreign Franchise. (D) Where Grantee of a Foreign Franchise has commenced installation of a Cable System in annexed territory on or before the date such annexation becomes effective, Grantee may continue to provide Cable Services to the annexed territory for the balance of the initial term of said Franchise (exclusive of any renewal or extension not granted by the Ciry), subject to the terms and conditions then in effect under such Franchise, and the timely payment to the City of all Franchise fees paid in connection with such service (or such other fees imposed by the City up to the maximum permitted by law). 7710. APPLICATION FOR FRANCHISES; CONTENTS OF RENEWAL APPLICATION. (A) Applicants for State Video Franchises intending to provide service within the boundaries of the City must concurrently provide to the City complete copies of any application or amendments to applications filed with the CPUC. One complete copy must be provided to the City Clerk. (B) The City will provide any appropriate comments to the CPUC regarding an application or an amendment to an application for a state video franchise. -14- (1) As may be applicable, any mutual renewal or extension of an existing Franchise in effect on December 31, 2006 shall compiy with the terms of Section 7712 below. 7711. ~RESERVED] 7712. FRANCHISE RENEWAL. Franchise renewals or extension of any Franchise in effect on December 31, 2006 shall be processed and reviewed in accordance with then applicable law. The City and Grantee, by mutual consent, may enter into renewal negotiations at any time during the term of the Franchise. My extension or renewal of any franchise that existed on December 31, 2006 shall be accomplished by written agreement and approved by resolution of the City Council. 7713. MULTIPLE FRANCHISES. (A) The City may in its sole discretion limit the number of Franchises granted at any one time based upon its consideration of all appropriate criteria which shall include but not be limited to the capabiliry of the Public Rights-of-Way to accommodate the facilities of any proposed additional Cable Systems. - (B) The City may require that any Grantee be responsible for its own underground trenching and any associated costs if, in the City's opinion, the Public Rights-of-Way in any area do not feasibly and reasonably accommodate the additional cables, machinery, equipment, or other items contemplated in connection with the construction, maintenance and operation of a proposed new Cable System. In addition, Grantee shall comply with applicable federal and state laws regarding pole attachments. -15- 7714. ~RESERVEDJ 7715. FRANCffiSE FEE FOR CABLE SERVICES. (A) As compensation for any Franchise granted, and in consideration of permission to use the Public Right-of-Way in the operation of its Cable System, and because the City will incur costs (other than application fees) in regulating and administering the Franchise, Grantee shall pay to the City a Franchise fee in [he amoun[ equal to five percent of Grantee's Gross Revenues, or such other amount as the City Council may set by resolution or specify in the Franchise Agreement. (B) In consideration for the privilege to use the City's public rights-of-way in the operation of its Cable System, and pursuant to Public Utilities Code Sections 5810(b) and 5840(cil, a Grantee or State Franchise Holder shall pay to the City a franchise fee in an amount ~ equal to five percent (5%) of Grantee's gross revenues, unless a greater amount is authorized by f applicable law. (C) The Franchise fee assessed shall be paid quarterly, to be received by the City Treasurer not later than 45 days after the close of each quarter of Grantee's or State Franchise Holder's fiscal year. (D) On a quarterly basis; Grantee shall provide the City a complete and accurate statement verified by a financial officer of Grantee indicating Gross Revenues for the past quarter, listing every revenue source, and depicting gross revenue computations. (E) On an annual basis, Grantee shall file a statement certified by a financial officer that sets forth all Gross Revenues for the previous calendar year, listing every revenue source and describing Gross Revenue computations. If the City has any objections relating to that report, the City shall have 30 days to notify Grantee and to request additional information. -16- ~ Grantee shall have 30 days to provide additional information to resolve any objections to the City's satisfaction. Thereafter, the City may, at its sole discretion, request that such statement be certified by an independent ceRified public accountant, at Grantee's sole cost; provided, however, that any such request shall be made within 60 days after Grantee's response is received. (F) At any time during the term of a Franchise, the City shall have the right to conduct, or require Grantee to obtain, an independent audit by certified public accountants of any and all records of Grantee that are related to Gross Revenue reports or computations. Grantee shall pay the costs of such audit not more frequentty than once every five years or upon a proposed transfer or change of control of the Franchise. Grantee shall cooperate with any such audit making readily available any and all information requested by the City. The certified public accountants shall be required to certify in the audit that the Grantee is in compliance with this chapter and the Franchise Agreement. Grantee shall maintain in a readily accessible place all such records for a minimum of four years after any payment period that such record pertains to. This right shall be in addition to City's right to conduct any other audit. (G) Pursuant to Public Utilities Code Section 5830(s), not more than once annually the City may examine and perform an audit of the business records of a State Franchise Holder to ensure compliance with all applicable statutes and regulations related to the computation and payment of franchise fees. (H) In the event that any Franchise fee payment is not paid by We due date, interest shall be charged monthly at a monthly rate of one and one-half percent. In addition, if any Franchise fee is not paid in full within 15 days afrer receipt of notice from the City as to the delinquency of such payment, a late fee in amount of five percent of the delinquent amount shal] be assessed. -17- (I) In the event Grantee claims to have overpaid by more than five percent the amount of Franchise fee actually due during any given quarter, it shall file an application with the City within one year after said payment was made. The failure to timely and properly make such claim shall constitute a waiver by Grantee of any right to such claimed overpayment, whether by refund, offset, credit or any other accommodation. All such applications shall state the amount of claimed overpayment, the reason for the claimed overpayment, and sufficient documentation to allow the City to verify Grantee's claim. Upon request by the City, Grantee shall provide any further inFormation that is deemed relevant by the City. All such applications shall be considered by the City Council, and the City Council's decision with respect to such applications shall be final. 7716. CONTENTS OF CABLE TELEVISION FRANCHISE. (A) Pursuant to Public Utilities Code Section 5840(c) any person or corporation who seeks to provide video serniceim:tris-statc-far-w ~ > I after January 1, 2008, shall file an application for a state franchise with the California Public Utilities Commission. (B) In the.event that a cable television franchise that exists on December 31, 2006 is extended or renewed as a local franchise consistent with federal law, the terms and provisions of a Franchise Agreement for the operation of a Cable System may include, without limitation, the following subject matters: (1) The nature, scope, geographical area, and duration of the Franchise. (2) The applicable Franchise fee to be paid to the City, including the percentage amount, the method of computation, and the time for payment. -18- (3) Requirements relating to compliance with and implementation of state and federal laws and regulations pertaining to the operation of the Cable System. (4) Requirements rela[ing to the construction, upgrade, or rebuild of the Cable System, as well as the provision of special services, such as outlets for public buildings, emergency alert capability, and parental control devices. (5) Requirements relating to the maintenance of a performance bond, a security fund, a letter of credit, or similar assurances to secure the performance of the Grantee's obligations under the Franchise Agreement. (6) Requirements relating to liability insurance, workers' compensation insurance, and indemnification. (7) Additional requirements relating to consumer protection and customer service standards, including the resolution of Subscriber complaints and disputes and the protection of Subscribers' privacy rights. (8) Requirements relating to the Grantee's support of local cable usage, including the provision of Public, Educational, and Government Access Channels, the coverage of public meetings and special events, and financial or technical support for Public, Education, and Govemmental Access uses. (9) Requirements relating to construction, operation, and maintenance of the Cable System within the Public Rights-of-Way, including compliance with all applicable building codes and permit requirements, the abandonment, removal, or relocation of facilities, and compliance with FCC technical standards. (10) Requirements relating to recordkeeping, accounting procedures, reporting, periodic audits, and performance reviews, and the inspection of Grantee's books and records. -19- (I1) Acts or omissions constituting material breaches of or defaults under the Franchise Agreement, and the applicable penalties or remedies for those breaches or defaults, including fines, penalties, liquidated damages, suspension, revocation and termination. (12) Requirements relating [o the sale, assignment, or other transfer or change in control ofthe Franchise. (13) The Grantee's obligation to maintain continuity of service and to authorize, under certain specified circumstances, the City's operation and management of the Cable System. (14) Such additional requirements, conditions, policies, and procedures as may be mutually agreed upon by the parties to the Franchise Agreement and that will, in the judgment of the City, best serve the public interest and protect the public health, welfare, and safery. 7717. BREACA OF FRANCffiSE; GROUNDS FOR ASSESSMENT OF PENALTIES AND FRANCHISE REVOCATION. (A) In addition to all other rights and powers retained by the City under this chapter or otherwise, the City reserves the right to terminate any Franchise and all rights and privileges of Grantee, revoke any Franchise, or assess damages or penalties against Grantee, in the event of any material breach of its terms and conditions. A material breach by Grantee shall include, but not be limited to, the following: (1) Violation of any material provision of this chapter, the Franchise Agreement or any material rule, order, regulation or directive issued in connection with the Franchise; (2) Evasion of any material provision of this chapter or the Franchise Agreement, or the practice of fraud or deceit upon the City or its Subscribers and customers; -20- ~- (3) Material misrepresentation of fact in an application for a new Franchise, renewal or transfer of a Franchise, whether by act or omission; (4) Failure to pay any Franchise fee when said payment is due; (5) Failure to restore Cable Service after 72 consecutive hours of interrupted Cable Service, except in the event that the City approves in writing a longer period of interruption after making a determination that there exists just cause for such longer period of interruption; (6) Failure to provide at least 80% of subscribed Cable Services over the Cable System for a period of five days, except in the event that the City approves in writing a longer period of interruption after making a determination that there exists just cause for such longer period of interruption; (7) Failure to substantially meet customer service standards established in the ; Franchise over any consecutive three-month period of time; per Section 7749 (8) Failure to initiate or Complete System Construction, or reconstxuction within the time set forth in the Franchise, unless the City Council expressly approves the delay by motion or resolution, due to the occurrence of conditions beyond Grantee's control; (9) Failure to provide or maintain in full force and effect at all times any insurance coverage, letter of credit or bonds required by the Franchise Agreement; (10) Violation of orders or rulirigs of any regulatory body having jurisdiction over Grantee relating to the Franchise; (11) Failure to provide, upon written request, data, documents, reports or information; and -21- (12) Failure to pay debts and obligations as they mature in accordance with - normal business practices; assignment of Grantee or its assets for the benefit of its creditors; dissolution, liquidation or ceasing to conduct business; application by Grantee for (or consent by Grantee to) the appointment of a receiver, trustee, liquidator; or the filing of a bankruptcy petition by Grantee to the extent permitted by federal law or the sale of all or substantially all of Grantee's assets. (B) The City reserves the right to exercise any right or authority it may possess under applicable state or federal law with respect to a breach by a State Franchise Holder of its obligations under its State Video Franchise. 7718. PROCEDURE FOR ADJUDICATION OF BREACHES OF THE FRANCHISE. (A) Prior to imposing any liquidated damages, sanction or penalty upon Grantee, including termination or revocation of the Franchise, the-Gity Manager, shall demand in writing that Grantee cure such breach or diligently commence a cure of such breach within a specified period, which period shall not be less than 30 days following notification. However, only 15 days notice shall be required in the case of failure to pay monies due. In addition, the City may, in an emergency, prescribe a notice ]ess than 30 days consistent with the nature of the emergency. An emergency under this subsection (A) means an occurrence or condition that creates an actual or imminent danger to life or property. (B) Should Grantee fail to provide sufficient written proof within the specified cure period that corrective action has been taken, or that corrective action is being actively and expeditiously pursued by Grantee, then the City Manager may, in his or her sole discretion, elect to either place the issue of termination, revocation or other penalty before an appropriate hearing -22- officer for his or her determination pursuant to section 7719 or the City Council pursuant to section 7720 of this Ordinance. (C) The Ciry Council, the City Manager, or any hearing officer authorized to act pursuant to this ordinance shall have the power to issue subpoenas in order to carry out the fact- finding activities authorized by this Ordinance. The process for the issuance and enforcement of such subpoenas shall be govemed by the California Code of Civil Procedure. 7719. HEARING OFFICER PROCEDURES. (A) The City Manager may, at his or her sole discretion and in lieu of the procedures set forth in Section 7720, refer to a hearing officer any controversy or claim arising out of or relating to the Franchise or its existence, construction, interpretation, performance, enforcement, operation, breach, continuance or termination. Such hearing proceedings shall be initiated by the City Manager by written notice to Grantee. ~ (B) The procedures set forth in Section 7749, subdivisions (B)(2)(a)-(n inclusive shall govern the conduct of such administrative hearing. (C) The hearing officer shall be vested with quasi-judicial autt~ority, and shall be authorized to: (1) order Grantee to undertake remedial action to cure any breach of its obligations under its Franchise, (2) assess liquidated damages and/or levy a penalty upon Grantee in accordance with the terms of this chapter and the Franchise Agreement, (3) determine that Grantee has not violated any of its obligations under its Franchise and/or -23- (4) xecommend to the City Council grounds for the revocation of the ; i Franchise. (D) Failure of Grantee to fully and promptly comply with an order of a hearing officer shall be deemed a material breach of the Franchise. 7720. CITY COUNCIL HEARING PROCEDURES. (A) In the event the City Manager elects, in his sole and absolute discretion to refer a matter to the City Council pursuant to Section 7718, the City Council shall hold a public hearing to determine whether Grantee materially breached the Franchise and the appropriate penalty to be imposed, if any, as a result of such breach. The City shall cause to be served upon Grantee, at least ten days prior to the date of such hearing, written notice of any intent to terminate the Franchise and the time and place of the hearing. Grantee may appeu at such hearing and present such evidence, orally or in writing that it deems relevant and appropriate to the Council's deliberations. Based on the evidence presented at the hearing, the City Council shall determine, in writing, in its discretion whether or not a material breach occurred and whether to terminate the Franchise or take Qther appropriate action. (B) Should the City Council find that there has been a material breach of the Franchise, but that termination of the Franchise is inappropriate, then the Council may assess and levy or impose such other relief as the Council deems appropriate, including, but not limited to, any relief specified in Sections 7719(C), 7721 or any combination thereoF. (C) The City shall cause Grantee to be served with written notice of any action taken by the City Council following such public hearing. The decision of the City Council as to such matters shall be final, but may be challenged by Grantee in a court of competent jurisdiction. -24- (D) Nothing herein is intended to limit the City Council's right to make other determinations that are reasonably related to the Franchise, or to seek any other appropriate relief to which the City may be entitled, at law or equity, as a result of any breach by Grantee of its obligations under the Franchise. 7721. PENALTIES FOR BREACH OF THE FRANCHISE. The hearing officer or City Council may impose the following penalties for any breach of the Franchise, except any breach of Subscriber service standards, which shall be governed by Section 7759 ofthis Ordinance: (A) Up to $500 for each day of each materiat breach, or such other amount provided in the Franchise Agreement. (B) For a second material breach of the same nature accurring within 12 months where a fine or penalty was previously assessed, $1,000 for each day of each material breach. (C) For a third or further material breach of the same nature occurring within 12 months of the first such breach, where a fine or penalty was previously assessed, up $2,000 for each day of each material breach. 7722. ALTERNATIVE REMEDIES. The ramedies provided in this chapter are cumulative and in addition to ail other rights tha City may have at law or equity or under the Franchise Agreement, including but not limited, to liquidated damages, which remedies may be exercised at any time. In no event shall the amount of any insurance, bond, letter of credit or any other security instrument be construed to limit Grantee's liability for damages. -25- 7723. REMOVAL AND ABANDONMENT; PURCHASE OF SYSTEM. (A) Subject to applicable law, in the event that a Franchise is terminated, revoked, or is not renewed upon expiration, then Grantee shall, upon demand of the City, and at its sole expense, promptly remove all or any portion of its Cable System. In removing its Cable System, Grantee shall restore all streets to the City's standazd specifications and repair any damage to utilities or other infrastructure caused by such removal. The liability, indemnity, insurance, security fund ~nd bonds tequired under the Franchise shall continue in full force and effect until such removal is accepted as complete by the City. (B) Subject to applicable law, in the event that a Franchise is not renewed and the City acquires ownership of a Cable System or effects a transfer of ownership of a Cable System to another Person, any such acquisition or transfer shall be at fair market value, determined on the basis of the Cable System valued as a going concern, but with no value allocated to the Franchise itself. If a Franchise is revoked for cause and the City acquires ownership of the Cable System or effects a transfer of ownership of the Cable System to another Person, any such acquisition or transfer shall be at an equitabie price. The value of a Cable System (fair market value or equitable. price) shall be determined by an appraisal committee consisting of three disinterested appraisers. The City and Grantee shall each select one appraiser, and the two selected appraisers shall agree upon and appoint a third appraiser. (C) If a Grantee's plant, or a portion thereof, is deactivated for a continuous period of 30 days, (except for reasons beyond the Grantee's control), and without prior written notice to and approval by City, then the Grantee must, at City's option and demand, and at the sole expense of the Grantee, promptly remove all of the Grantee's property from any streets or other Public Rights-of-Way. The Grantee must promptly restore the streets or other public areas from -26- which its property, including Distribution Facilities, has been removed to the condition existing prior to the Grantee's use. (D) City may, upon written application by a Grantee, approve the abandonment in place by a Grantee of any property, under such terms and conditions as City may approve. Upon City-approved abandonment in place of any property, the Grantee must cause to be executed such instruments as the City may prescribe in order to transfer and convey ownership of the abandoned property to the City. 7724. RECEIVERSHIP AND FORECLOSLIRE. (A) Subject to applicable provisions of the United States Bankruptcy Code, any Franchise shall, at the option of the City, cease and terminate 120 days after the appointment of a receiver or trustee to take over and conduct the business of Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said 120 days, or unless: (1) Such receiver or trustee shall have, within 120 days after his or her election or appointment, fully complied with all terms of the Franchise and remedied all breaches of the Franchise or provided a plan for the remedy of such breaches which is approved in writing by the City; and, (2) Such receiver or trustee shall, within said 120 days, execute an agreement duly approved by the Court having jurisdiction, under which such receiver or trustee agrees to be bound by each and every term, provision and limitation of the Franchise. (B) Upon the foreclosure or otherjudicial sale of all or a substantial part of a Cable System, Grantee shall notify the City of such fact, and such notification shall be treated as a _27_ notification that a change in ownership of Grantee has taken place and the provisions of this , chapter goveming such changes shall apply. DESIGN AND CONSTRUCTION 7725. UNDERGROUNDING. (A) At no time shall Grantee or a State Franchise Holder place cable underground without appropriate authorization from the City. (B) The Cable System shall be placed underground in all portions of the Franchise area where either telephone or electric lines are underground. Whenever the poles on which the Cable System is constructed are eliminated, Grantee shall concurrently replace its aerial facilities with underground facilities. At no time shall the Cable System be the only aerial facility in any given area. (C) Where the Cable System is installed underground, line extenders, amplifiers, taps, power supplies, traps and related electronic equipment and components may be placed in appropriate housings above the surface of the ground to the extent that the method employed is compliant with any and all applicable City, state, federal or other regulations, and consistent with any other generally applicable guidelines, policies or procedures that may, from time to time, be adopted by the City or other applicable govemment agency. Grantee shall provide a procedure for undergrounding taps and pedestals, the cost of which the Subscriber will bear, and relocating the taps and pedestals within the technical constraints of the Cable System. 7726. USE OF POLES. Grantee shall be authorized to utilize existing poles, conduit, and other facilities of a public utility, but shall not be authorized Yo construct or install any new, different, or additional poles in any City streets without prior written approval by the Ciry. _Zg_ 7727. CONSTRUCTION STANDARDS. Grantee, or a State Franchise Holder, shall install and maintain its wires, cables, fixtures, and other equipment in accordance with applicable California Public Utilities Commission pole attachment standards, electrical codes and industry standards of the Cable television industry generally applicable to the type of Cable System which Grantee has constructed, owns or operates any applicable pole agreements, and/or the standards and codes applicable to telephone corporations in Califomia, and all Franchise Agreement requirements. Grantee, or a State Franchise Holder, shall adhere to all building and zoning regulations currently in force or hereafter enacted. Grantee, or a State Franchise Holder, shall repair and restore any cuts and/or trenching in the roadway or sidewalks to City standards. Grantee, or a State Franchise Holder, shall locate and maintain its lines, cables, and other appurtenances, on public property, in such a manner as to cause no unreasonable interference with the use of such public property by any Person. 7728. APPROVALS. The City Engineer shall approve the location and method of construction of all underground facilities and equipment located on Public Right-of-Ways (including any above- grade portion of such facilities and equipment). The City Engineer also-shall-approve--the- --- location and installation of all new aerial Facilities. All construction shall be subject to Ciry permit and inspection fees as may be required by other applicable laws or regulations. 7729. SUBMISSION OF DRAWINGS. Grantee, or a State Franchise Holder, shall file with the City "as-built" drawings of the entire Cable System, excluding technical specifications. Additionally, within 30 days afrer completion of any material modification of the Cable System (e.g., a system rebuild or -29- '. Distribution Facility replacement), Grantee, or a State Franchise Holder, shall file with the City "as-built" drawings, excluding technical specifications, of the modified Cable System. The City may require that the "as-built" drawings be submitted in an electronic format specified by the City. 7730. RELOCATION OF FACILITIES AND EQUIPMENT. (A) Grantee shall remove or relocate at its sole cost any facilities installed, used or maintained in connection with the Franchise if and when such removal or relocation is made necessary by any project. For purposes of this section, the word "projecP' means any change of grade, alignment or width of any public street, way, alley or place, including but not limited to, the construction of any subway or viaduct, that the City may initiate, either by or through itself or any redevelopment agency, community facility district, assessment district, undergrounding district, reimbursement agreement or generally applicable impact fee program. (B) A State Franchise Holder shall remove or relocate at its sole cost any facilities installed, used or maintained in connection with the State Video Franchise if and when such removal or relocation is made necessary by any public project. For purposes of this section, the word "public project" means any change of grade, alignment or width of any public street, way, alley or place, including but not limited to, the construction of any subway or viaduct, that the City may initiate, either by or through itself ar any redevelopment agency, community facility district, assessment district, undergrounding district, reimbursement agreement or generally applicable impact fee program, provided that the removal or relocation is not necessary solely to accommodate private development. (C) In the event that such removal or relocation is required, Grantee, or a State Franchise Holder, shall commence physical fieldwork on the removal or relocation on or before -30- 120 days after written notice of such requirement is provided by the City Manager. If, despite its reasonable efforts, Grantee, or a State Franchise Holder, is unable to commence removal or relocation within such period, Grantee, or a State Franchise Holder, shall provide the Ciry Manager with written notice explaining in detail the reasons for the delay and a date certain upon which such removal or relocation is expected to commence. Grantee, or a State Franchise Holder, shall diligently proceed and promptly complete all such removal or relocation after it is commenced. 7731. MAINTENANCE. Should Grantee fail, refuse or neglect to properly perform any maintenance or construction work required by the Franchise following due notice from the Ciry and a reasonable opportunity to cure as provided for under this chapter, or should Grantee fail to commence performance of such work within the required period of time, or fail to diligently proceed and promptly complete such work thereafter,, the City Manager may, upon five days prior written notice to Grantee (except in cases of emergency), cause such work or other act to be completed in whole or in part by the City forces or others, and upon so doing shall submit to Grantee an itemized statement of the costs thereof. Grantee shall pay to the City the entire amount due, without offset or deduction, within thirty (30) days from the date of such statement. CONSUMER PROTECTION AND SERVICE STANDARDS 7732. OPERATIONAL STANDARDS (A) Grantee must maintain the necessary facilities, equipment, and personnel to comply with 4he following consumer protection and service standards under "normal operating conditions" as that term is defined below in subsection (D): -31- (1) Provide sufficient toll-free telephone line capacity during normal business hours ~ to ensure that telephone calls are answered promptly. Telephone answer time by a customer service representative, including wait time, shall not exceed 30 seconds when the connection is made. Callers who must be transferred may not be required to wait more than 30 seconds before being connected to a service representative. (2) Under normal operating conditions, callers may not receive a busy signal more than three percent of the time, measured on a quarterly basis. (3) Provide emergency toll-free telephone line capacity on a 24-hour basis, including weekends and holidays. After normal business hours, the telephone calls may be answered by a service or an automated response system, including an answering machine. Calls received after normal business hours must be responded to by a trained company representative on the next business day. (4) Provide a conveniently-located local business and service or payment office open during normal business hours at least eight hours daily on weekdays, and at least four hours weekly on evenings or weekends, and adequately staffed with trained customer service representatives to accept subscriber payments and to respond to service requests, inquiries, and complaints. (5) Provide an emergency system maintenance and repair staff, capable of responding to and repairing major system malfunctions on a 24-hour per day basis. (6) Maintain a trained installation staff to provide service to any subscriber requiring a standard installation within seven days after receipt of a request, or such longer time as may be requested by the subscriber, in all areas where riunk and feeder cable have been activated. -32- "Standard installations" are those that are located up to 150 feet from the existing distribution system, unless otherwise defined in the franchise agreement. (7) The Grantee must schedule, within a specified four-hour time period Monday through Saturday (legal holidays excluded), all appointments with subscribers for installation of service, service calls, and other activities at the subscriber's location. The Grantee may schedule installation and service calls outside of normal business hours for the convenience of the subscriber. The Grantee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment. If a Grantee representative is delayed in keeping an appointment with a subscriber and will not be able to honor the scheduled appointment, the subscriber must be contacted prior to the time of the scheduled appointment, and the appointment must be rescheduled, as necessary, at a time that is convenient for the subscriber. The Grantee must undertake appropriate quality control measures to ensure that the customer is satisfied with the work. (8) Subscribers who have experienced a late or a missed appointment due to the fault of the Grantee will either receive an installation free of charge ar a$20 credit. (9) Upon a subscriber's request, the Grantee will arrange for pickup or replacement of converters or other equipment provided by the Grantee at the subscriber's address within 14 days after the request is made if the subscriber is mobility-limited. (B) Under normal operating conditions, the standards of subparagraphs (1), (2), (3), (4) and (7) above must be met not less than ninety percent of the time, measured on a quarterly basis. (C) As used in paragraph (A) of this Section, the term "normal business hours" means those hours during which most similar businesses in the community are open to serve customers. -33- In all cases, "normal business hours" must indude some evening hours at least one night per i week and/or some weekend hours. (D) As used in paragraph (A) of this Section, the term "normai operating conditions" means those service conditions that are within the control of the cable operator. Conditions that are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Conditions that are ordinarily within the control of the cabie operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system. (E) Unless the customer protection and customer service obligations of a State Franchise Holder are specified in a franchise with the City, a State Franchise Holder must comply with all applicable provisions of the following state statutes: (1) The Cable Television and Video Customer Service and Information Act (Gavernment Code §§ 53054, et s~.). (2) The Video Customer Service Act (Government Code §§ 53088, et s~.). (3) Public Utilities Code Section 5890(a). This statute prohibits State Franchise Holders from discriminating against, or denying access to service to, any group of potential residential subscribers because of the income of the residents in the local area in which the group resides. 7733. SERVICE STANDARDS. (A) The Grantee will render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Except in emergency situations, scheduled interruptions will occur during a period of minimum use of the cable system, -34- preferably between midnight and 6:00 a.m. Unless the scheduled interruption lasts for no more than two hours and occurs between midnight and 6:00 a.m. (in which event 24-hours prior notice must be given to the City), 48-hours prior notice must be given to subscribers. (B) The Grantee will maintain a repair force of technicians who will respond to subscriber requests for service within the following time frames: {1) For a system outage: Within two hours, including weekends, of receiving subscriber calls or requests for service that by number identify a system outage of sound or picture of one or more channels, affecting five or more subscribers of the system. (2) For an isolated outage: Within 24-hours, including weekends, of receiving requests for service identifying an isolated outage of sound or picture for one or more channels. (3) For inferior signal quality: No later than the following business day, excluding Sundays and hoiidays, after a request for service identifying a problem concerning picture or sound quality. (C) The Grantee will be deemed to have responded to a request for service under the provisions of this paragraph (B) when a technician arrives at the service location and begins work on a problem that cannot be corrected from a remote location. If a subscriber is not home when the technician arrives, the technician must leave written notification of arrival. (D) The Grantee may not charge for the repair or replacement of defective or malfunctioning equipment provided by the Grantee to subscribers, unless the defect or malfunction was caused by the subscriber. (E) The Grantee must determine the nature of the problem within 24 hours after commencing work and resolve all cable system related problems within three business days, unless technically infeasible. -35- 7734. BILLING AND INFORMATION STANDARDS. (A) Subscriber bills must be clear, concise, and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills also must clearly delineate all activity during the billing period, including optiona] charges, rebates, and credits. (B) The first billing to a subscriber after a new installation or service change must be prorated based upon when the new or changed service commenced. Subscribers must not be charged a late fee or otherwise penalized for any failure attributable to the Grantee, including the failure to timely or correctly bill the subscriber. (C) In case of a billing dispute, the Grantee must respond in writing to a written complaint from a subscriber within 10 days after receiving the complaint at the office specified on the billing statement for receiving that complaint. (D) Upon request by a subscriber, credits or refunds must be provided by Grantee to subscribers who experience an outage, interruption, or disconnection of service of four or more consecutive hours, provided that such loss of service is neither caused by the subscriber nor attributable to scheduled repairs, maintenance, or construction in circumstances where Grantee has provided advance written notice to a subscriber, and the loss of service does not exceed the time period specified by Grantee. For subscribers terminating service, credits ar refunds must be issued promptly, but no later than 30 days after the return of any Grantee-supplied equipment. (E) The Grantee must provide written information on each of the following matters at the time of the installation of service, at least annually to all subscribers, and at any time upon request: (1) Products and services offered. -36- (2) Prices and options for programming services and conditions of subscription to programming and other services. (3) Installation and service maintenance policies. (4) Instructions on the use of the cable service. (5) Channel positions ofprogramming carried on the system. (6) Billing and complaint procedures, including the address and telephone number of the City's office designated for dealing with cable-related issues. (7) Consumer protection and service standards and penalties for noncompliance. (F) Subscribers must be notified of any changes in rates, programming services, or channel positions as soon as possible through announcements on the cable system and in writing. Notice must be given to subscribers a minimum of 30 days in advance of those changes if the change is within the control of the Grantee. In addition, Grantee will endeavor to notify the City of those changes at least five working days before subscribers are notified. (G) The Grantee must maintain a public file containing all notices provided to subscribers under these consumer protection and service standards and all published promotional offers made by Grantee to subscribers. These documents must be maintained for a minimum period of two years. 7735. VERIFICATION COMPLIANCE WITH STANDARDS. (A) Upon 30 days prior written notice, the City may require the Grantee or a State Franchise Holder to provide a written report demonstrating its compliance with any of the consumer service standards specified in this section. A State Franchise Holder and any Franchisee, must provide sufficient documentation to enable the City to verify compliance. Sufficient documentation shall be in the form of a quarterly report showing compliance -37- with customer service standards for telephone response performance. The report should detail customer cali center performance within all call centers serving the City showing data tracked. and aggregated for the entire market area served by the call centers. Data shall include total activity offered by each center as well as total calls performed within the service level standard in a manner consistent with the example report shown at Exhibit 1 of this Ordinance. (B) A repeated and verifiable pattern of noncompliance with the consumer protection and service standards of this section, after the Grantee's receipt of written notice and an opportunity to cure, may be deemed a material breach of the franchise agreement. 7736. SUBSCRIBER COMPLAINTS AND DISPUTES. (A) The Grantee must establish written procedures for receiving, acting upon, and resolving subscriber complaints without intervention by the City. The written procedures must prescribe the manner in which a subscriber may submit a complaint, either orally or in writing, specifying the subscriber's grounds for dissatisfaction. The Grantee must file a copy of these procedures with the City. These procedures must include a requirement that the Grantee respond in writing to any written complaint from a subscriber within 10 days after receiving the complaint at the office specified on the billing statement for receiving that complaint, as provided for above in Section 7732(A)(4). (B) Upon request, and subject to applicable law protecting subscriber privacy rights, the City has the right to review the Grantee's response to subscriber complaints. (C) All subscribers have the right to continue receiving service so long as their financial and other obligations to the Grantee are honored. If the Grantee elects to rebuild, modify, or sell the system, or if the City gives notice of intent to terminate or not to renew the -38- franchise, the Grantee must act so as to ensure that all subscribers receive service while the franchise remains in force. (D) Upon a change of control of the Grantee, or if a new operator acquires the cable system, the original Grantee must cooperate with the City, the new Grantee, or the new operator in maintaining continuity of service to all subscribers. During that transition period, the Grantee is entitled to the revenues derived from its operation of the cable system. 7737. DISCONNECTION/DOWNGRADES. (A) A subscriber may terminate or downgrade service at any time, and the Grantee must promptly comply with the subscriber's request within seven days. or at any later time requested by the subscriber. No period of notice prior to voluntary termination or downgrade of service may be required of subscribers. Grantee will impose no charges for the voluntary termination or downgrade of service unless a visit to the subscriber's premises is required to remove a converter box or other equipment or property owned by Grantee. Grantee may, in accordance with applicable law, charge a fee to downgrade service if a service call is required. (B) The Grantee may disconnect a subscriber's service in compliance with paragraphs (i), (j), and (k) of Section 53088.2 of the Califomia Govemment Code. If service is disconnected for nonpayment of past due fees or charges, the Grantee must promptly reinstate service upon payment in full by the subscriber of all such fees and charges, including late charges. (C) Notwithstanding the requirements of subsection (B) above, the Grantee may immediately disconnect service to a subscriber if the subscriber is damaging or destroying the Grantee's cable system or equipment. (D) The Grantee may also disconnect service to a subscriber when it causes signal leakage exceeding federal limits. If service is disconnected, the Grantee will immediately -39- resume service without charge upon the satisfactory correction of the signal leakage problem if ( the signal leakage problem is attributable to the Grantee. (E) The Grantee may also disconnect service in case where customers are stealing service or have threatened Grantee's personnel with physical violence. (F) Upon termination of service to a subscriber, the Grantee will remove its equipment from the subscriber's premises within 30 days. The equipment will be deemed abandoned if it is not removed within such time period unless the Grantee has been denied access to the subscriber's premises. 7738. NEGATIVE OPTION BILLING PROHIBITED. No charge may be imposed for any service or equipment that the subscriber has not affirmatively selected. Payment of the regular monthly bill will not by itself constitute an affirmative selection. 7739. DEPOSITS. Grantee may require a reasonable, nondisctiminatory deposit on equipment provided to subscribers. Such deposits must be placed in an interest-bearing account. The deposit must be returned, with interest earned to the date of repayment, within 30 days after the equipment is returned to the Grantee. 7740. PARENTAL CONTROL OPTIONS. Grantee must provide parental control devices at no charge to all subscribers who desire to block the video or audio portion of any pay channels providing adult programming that the subscriber finds objectionable. For other programming, such devices will be provided at a reasonable charge to the subscriber. -40- 7741. ADDITIONAL REQUIREMENTS. (A) All officers, agents, and employees of the Grantee, or of its contractors or subcontractors, who, in the normal course of work come into contact with members of the public, or who require entry onto subscribers' premises, must display a photo- identification card. The Grantee must account for all identification cards at all times. All vehicles of the Grantee or its subcontractors must be clearly identified as vehicles engaged in providing services for the Grantee. (B) Additional standazds relating to service, consumer protection, and response by the Grantee to subscriber complaints not otherwise provided for in this section may be adopted by ordinance, and the Grantee must comply with those standards in the operation of the cable television system. A verified and continuing pattern of noncompliance may be deemed a material breach of the franchise agreement, provided that the Grantee receives written notice and an opportuniTy to cure before any penalty or other remedy is imposed. 7742. PENALTIES FOR NONCOMPLIANCE. (A) Purpose The purpose of this pazagraph is to authorize the imposition of monetary penalties for the violation of the customer service standards established by this Ordinance and by Section 5900 of the California Public Utilities Coda. The imposition of penalties authorized by this section 7742 will not prevent the Ciry or any other aFfected party from exercising any other remedy to the extent permitted by law, including, but not limited to, any judicial remedy as provided below in subsection (B)(4) or otherwise by this Ordinance. (B) Administration and Appeals. -41- (1) The City Manager or the City Manager's designee is authorized to administer this section 7742. Decisions by the City Manager to assess monetary penalties against the Grantee must be in writing and must contain findings supporting the decisions. The written decision shall be filed with the City Clerk and a copy thereof shall be served on the Appellant in accordance with Section 1094.6 of the California Code of Civil Procedure: (2) If the Grantee or any interested person ("AppellanY') is aggrieved by a decision of the City Manager made pursuant to this Section, the aggrieved party may, within 10 days of the written decision, appeal that decision in writing to the City Clerk. Such appeal shall be in a form prescribed by the City Clerk. The appeal letter must be accompanied by the fee established by the City Council for processing the appeal. The City Clerk will refer the matter to the City Manager who will initiate the administrative hearing process outlined below: (a) The hearing officer shall be selected by the City Manager and compensated for the time expended in providing such service based upon a written agreement for that purpose. The hearing officer's employment or compensation shall not be based on the outcome rendered by the hearing officer. If the appellant so elects in writing prior to the hearing, the appellant shall be entitled to pay for one half (1/2) of the costs of the services of the hearing officer. (b) The hearing shall be conducted by the hearing officer on the date, time and place specified by the hearing officer. The hearing shall proceed solely on the issues or defenses raised in the request for a hearing filed by the Appellant; and all matters not contested in said request shall be deemed admitted. (c) The Appellant shall have the burden to establish, by a preponderance of the evidence, that either: (1) the City Manager has proceeded without, or in excess of jurisdiction; (2) there was not a fair trial; or (3) there was any prejudicial abuse of discretion. Abuse of -42- discretion is established if the City Manager has not proceeded in the manner required by law, the decision is not supported by tlie findings, or the findings are not supported by the evidence. The City Manager's written decision and findings shall be admitted into evidence and shall constitute prima facie evidence of all matters contained therein. The parties may present such other evidence and reports as may be necessary or helpful to the hearing officer to resolve the issues raised by the citee. (d) The parties shall be given the opportunity to testify and,to present evidence relevant to the matters raised in the appeal. (e) The City Manager's written decision and findings, and other reports prepared by the Ciry Manager, or at his or her request, concerning the alleged violation or violations or their attempted correction shall be accepted by the hearing officer as prima facie evidence of the violation or violations. (fl The hearing shall be conducted informally and tfie rules of evidence need not be followed; provided however that the decision of the hearing officer on any material issue may not be based upon hearsay evidence alone. The hearing officer may adopt such supplementary rules of procedure and evidence as may be useful in a determination of the issues involved, to the extent such rules are not otherwise provided for herein. (g) The failure of the Appellant to appear at the hearing shall constitute a waiver of his or her contest to the City Manager's decision and a failure to exhaust administrative remedies concerning the City Manager's decision. Such failure to appear shall constitute an admission of the truth of all matters contained in the City Manager's decision, which shali be ordered in the decision of the hearing officer. -43- (h) The hearing officer may continue the hearing upon the request of the Appellant, ~ or the AppellanYs representative, or the representative of the City, or on the hearing officer's own motion, upon a showing of good cause. All continuance requests shall be made in writing. If the continuance is granted, a new hearing date shall be set, which continued hearing date shall be within fifteen days. (i) After considering all the evidence and testimony submitted at the heating the hearing officer shall issue his or her written decision within five business days following the conclusion of the hearing. The decision of the hearing officer shall, either uphold or deny the City Manager's decision or any portion thereof and state the facts and reasons supporting the decision. The hearing officer also shall order any remedy necessary to effectuate the hearing officer's decision, including, but not limited to, a revision of the amount of money owed by the Grantee after due consideration of the circumstances pursuant to subparagraph (B)(6)(b), below. The written decision shall be filed with the City Clerk and a copy thereof shall be served on the Appellant in accordance with Section 1094.6 of the California Code of Civil Procedure. (j) - All decisio~s and orders of a hearing officer shall become final unless appealed as provided herein. (k) The Appellant or the City may seek judicial review of the decision of the hearing officer by filing an appeal with the Superior Court within ninety (90) in accordance with applicable law, including the provisions of California Code of Civil Procedure Section 1094.6. No appeal shall be permitted from a decision based upon the failwe of the Appellant to appear at the administrative hearing or upon any other waiver of the administrative hearing by the Appellant. -44- (~ If an appeal of any decision or order of a hearing officer that ordered the Appellant to pay any amount due is affirmed by the reviewing court, in whole or part, the court shall enter an order requiring the Appellant to pay such amount and said order shall constitute a money judgment. (3) Schedule of Penalties. For franchises in effect prior to December 31, 2006, the following schedule of monetary penalties may be assessed against the Grantee for the material violation of the provisions of the customer service standards set forth in this section, provided that the violation is within the reasonable control of the Grantee: (a) The maximum penalry for a first material violation is two hundred dollars ($200) for each day of the material violation. (b) For a second material violation of the same nature within a 12- month period for which the City has provided notice and a penalty has been assessed, the maximum penalty is five hundred dollars ($500) for each day of the material violation. (c) For a third or further material violation o£ the same nature within a 12-month period for which the City has provided notice and a penalty has been assessed, the maximum penalty is seven hundred fifty dollars ($750) for each day of the material violation. (4) Judicial Remedy. This paragraph does not preclude any affected party from pursuing any judicial remedy available to that party without regard to this paragraph (k). (5) Notice of Violation. The City must give the Grantee written notice of any alleged violation of the consumer service standards and allow the Grantee at least 30 days from receipt of the notice to remedy the specified violation. (6) Assessment of Monetary Penalties. -45- (a) If a violation has not been corrected or cured by Grantee within the time specified by the City, the monetary penalties specified above in subparagraph (c) may be assessed from the date of delivery to Grantee of the City's written notice of violation. (b) In assessing monetary penalties under this paragraph (k), the City Manager, Hearing Officer, or the City Council, as applicable, may take into account the nature, circumstances, extent and gravity of the violation and, with respect to the Grantee, the degree of culpability, any history of prior violations, and such other matters as may be relevant. If warranted under the circumstances, the monetary penalty to be assessed may be less than the maximum penalty amount specified above in subparagraph (c). (C) Schedule of Penalties for Holders of State Video Franchises is discussed at Section 7758 (D). 7743. ADDITIONAL CONSUMER PROTECTION AND SERVICES STANDARDS. (A) In addition to the consume~ protection and service standards that are specified above in section 7732 and section 7750, the franchise agreement with a Grantee may require compliance with the following: (1) Federal statutes, and the rules, regulations; and orders of the Federal Communications Commission, including the following: (a) The provisions of Section 76.309(c) of Title 47 of the Code of Federal Regulations, as it now exists or may later be amended. (b) The provisions of Section 76.630 of Title 47 of the Code of Federal Regulations, as it now exists or may later be amended. -46- (c) The provisions of Section 551 of Title 47, United States Code, as it now exists or may ]ater be amended. (d) The provisions of Califomia Government Code Sections 53054, et seq., entitled the "Cable Television and Video Provider Customer Service and Information Act." (e) The provisions of California Government Code Section 53088, et seq., entitled the "Video Customer Service Act." (~ The provisions of California Civil Code Section 1722(b)(1)-(6) relating to service or repair transactions between cable television companies and their subscribers. (g) The provisions of California Penal Code Section 637.5 relating to subscribers' rights to privacy protection. (B) The City may, in its discretion, incorporate in a franchise agreement those customer service and protection standards referenced above in this paragraph (A) that are the most stringent, and that afford the greatest protection to consumers. These standards will apply, to ihe axtent authorized by law, to all video, voice, and data services that are provided by the Grantee to its subscribers within the franchise service area. 7744. COMPATIBILITY WITH CONSUMER ELECTRONICS EQUIPMENT. (A) The Grantee shall not scramble or otherwise encrypt signals carried on the basic service tier. Requests for waivers of this prohibition must demonstrate either a substantial problem with theft of basic tier service or a strong need to scramble basic signals for other reasons. (B) The Grantee shall comply with equipment compatibility rules and commercial availability of navigation equipment rules of the FCC. -47- (C) The Grantee shall offer Subscribers the option to receive an A/B switch at the time of initia] Cable 3ervice installation and shall provide Subscribers with written information as to how to use such a switch. The Grantee may charge a reasonable price for said switch. Upon Subscriber request, the Grantee shall provide an A/B switch after the initial installation of Cable Service. If the Subscriber requests installation of such a switch (to receive broadcast television without Cable hookup), the Grantee may charge reasonable fees for such installation and equipment. RATES 7745. [RESERVED~ 7746. BILLING PROCEDURES. Billing procedures for Grantees shall be as follows: (A) Bills will be clear, concise, and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including: (1) A list of each service or package received for that billing period; (2) The rate or charge for each service or package received; (3) The period of time over which said services aze billed; (4) The total charges due for the monthly period, separate from any previous balance due; (5) Credits pasted during the month; (i) Credits for service will be issued no later than the Subscriber's next billing cycle following the determination that a credit is warranted. (6) A specific date by which payment is required; and -48- (7) The customer service telephone number to which billing inquiries or complaints can be directed. (B) A Grantee's first billing statement after a new installation or service change shall be prorated as appropriate and shall reflect any security deposit. (C) A Gran[ee's billing statement must show a specific payment due date, and no late payment fee may be imposed on a Subscriber earlier than thirty (30) calendar days from the due date on the billing statement. Any balance not received within thirty (30) calendar days of the due date may be assessed a late fee consistent with this Chapter. Any late fee assessed must appear on the following month's billing statement. (D) A Grantee must notify the Subscriber that he or she can remit payment in Person at the Grantee's o~ce located in or near the City and inform the Subscriber of the address of that office. (E) Every customer who pays his or her bill directly shall have at least fifteen (15) days from the date of the bill for services is mailed to pay the listed charges. Customer payments shal] be posted promptly. The Grantee shall not terminate any residential service for nonpayment of a delinquent account without fifteen (15) days prior written notice. Such notice shall not be mailed until after the sixteenth (16th) day from the time the bill for services was mailed to the customer. The Grantee may not assess a late charge earlier than the twenty-second (22nd) day from the time the bill for services has been mailed. (F) In case of a billing dispute, the Grantee must respond to a written complaint from a Subscriber within thirty (30) days. -49- (G) At the time of the initial complaint, Grantee shall provide written or verbal notice ~- to customers that in the event of a billing dispute, the Grantee, upon resolution of the dispute when Grantee is at fault, shall waive a late fee. (H) Subscribers shall not be charged a late fee or otherwise penalized for any failure by the Grantee, its employees, or contractors, including failure ro timely or correctly bill the Subscriber, or failure to properly credit the Subscribers for a payment made in a timely manner. (I) Every no[ice of termination of service shall indude: name and address of Subscriber whose account is delinquent; the amount of the delinquency; the date by which payment is required in order to avoid termination of service; the telephone number of t6e Grantee for additional information and/or to handle complaints or initiate an investigation concerning service and charges in question. (J) Service may only be terminated on days and at times in which the Subscriber can reach a Customer Service Representative of the Grantee either in Person or by telephone. (K) The Grantee shall afford each Subscriber of the Cable System with a rigUt to rescind the Subscriber's ordering of service within three (3) days after ordering, provided that such right of rescission shall end upon activation of the service ordered.(L) The Grantee shall assess any late fees in accordance with Califomia law. In no event shall a late fee exceed the maximum amount permissible under California law. (M) Any Franchise Agreement entered into pursuant to this chapter may contain provisions.for a discount on basic and Cable programming tiers or any other Cable Services for Persons with specific income and disability qualifications. (N) Grantee will set rates for equipment deposits no higher than the actual replacement value of the equipment for which the deposit is applied. Equipment deposits shall be -50- promptly returned to Subscribers upon the return in good working condition to the Grantee of the equipment for which said deposit was required. 7747. REFUNDS. (A) Refund checks will be issued promptly, but no later than either: (1) the Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or (2) in cases involving the return of the equipment supplied 6y the Grantee if service is terminated for any reason, by the Subscriber's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier. (B) If the Grantee does not mail a check for a refund to any Subscriber disconnecting service with an outstanding credit within the next billing cycle or thirty days, whichever is earlier, the Subscriber may request and is entitled to receive a ten dollar ($10.00) payment. 7748. NOTICE OF RATE INCREASES. Grantee shall provide written notice to the City and Subscribers at least 30 days in advance of the implementation of changes in any of its rates and charges which are not subject to regulation by the City. 7749. NON-DISCRIMINATION .AND CUSTOMER PRIVACY. (A) Service Availability. (1) No Person, firm or corporation in the existing service area of a Grantee shall be arbitrarily refused service; provided, however, that the Grantee shall not be required to provide service to any Subscriber who does not pay the applicable connection fee or monthly service charge hereby authorized.(2) A Grantee may not require the subscription to any tier other than the basic service tier as a condition of access to video programming offered on a per channel or -51- per program basis. A Grantee may not discriminate between Subscribers to the basic service tier and other Subscribers with regard to the rates charged for video programming offered on a per channel or per program basis. (3) A Grantee will abide by all customer privacy requirements of federal and State law. At least annually, a Grantee shall provide notice in the form of a separate, written statement to each Subscriber, which dearly and conspicuousiy informs the Subscriber of: (a) the nature of personally identifiable information collected or to be collected with respect to the Subscriber and the nature of the use of such information; (b) the nature, frequency and purpose of any disclosure, which may be made of such information, including the identification of the types of Persons to whom the disclosure may be made; (c) the period during which such information will be maintained by the Grantee; (d) the times and place at which the Subscriber may have access to such information in accordance with federal and State law; and (e) the limitations provided in federal and State law with respect to the collection and disclosure of information by a Grantee and the right of the Subscriber under law. (B) Data Collection. A Grantee's data collection and dissemination practices regarding Subscribers shall be in compliance with the Cable Act (including Section 631) and this Chapter. (C) Revealing Subscriber Preferences. -52- ~ (1) A Grantee shall not reveal individual Subscriber preferences, viewing habits, beliefs, philosophy, creeds or religious beliefs to any .third Person, firm, agency, governmental unit or investigating agency without court authority or prior written consent of the Subscriber. (2) Such written consent, if given, shall be limited to a period of time not to exceed one (1) year or a term agreed upon by the Grantee and Subscriber. (3) A Grantee shall not condition the delivery or receipt of Cable Services to any Subscriber on any such consent. (4) Such a Subscriber may revoke without penalty or cost any consent previously made by delivering to the Grantee in writing a substantial indication of his intent to so revoke. (D) Revealing Subscriber Lists. A Grantee shall not reveal, or sell, or permit the release or sale of its Subscriber list without the prior affirmative written consent of each Subscriber, provided that the Grantee may use its Subscriber list as necessary for the construction, marketing, and maintenance of the Grantee's services and facilities authorized by its Franchise, and the related billing of Subscribers for Cable Services. Consistent with applicable law, City may use Grantee's Subscribers list for [he purpose of communication with Subscribers in connection with matters relating to operation, management, and maintenance of the Cable System. (E) Other Persons Affected. This Section shall apply to all of the following as well as to any Grantee: (1) Officers, directors, employees and agents of the Grantee; (2) General and limited partners of the Grantee; (3) Any Person or combination of Persons owning holding or controlling five percent (5%) or more of any corporate stock or other ownership interest of the Grantee; -53- (4) Any affiliated or subsidiary entity owned or Controlled by the Grantee, or in which any officer, director, stockholder, genera] or limited partner or Person or group of Persons owning, holding or Controlling any ownership interest in the Grantee, shall own, hold or Control five percent (5%) or more of any corporate stock or other ownership interest; (5) Any Person, firm or corporation acting or serving in the capability of holding or controlling company of the Grantee. 7750. WRITTEN OR ORAL NOTICE TO ENTER PROPERTY. Under Normal Operating Conditions, Grantee and 5tate Franchise Holders shall provide written or oral notice, in light of circumstances, prior to entering any private property. 7751. NOTICE REGARDING CHANNEL SCRAMBLING. Subscribers shall be given at least thirty (30) days written notice of any scrambling of a channel, and any de-scrambling of a channel(s) containing R-rated or stronger programming. Subscribers do not need to be notified of blackout periods required of the Grantee by programmers. SERVICE PROVISIONS 7752. TENANT RIGHTS. It is the City's intent that tenants not be discriminated against in the ability [o subscribe to Cable Services. Grantee shall be required to provide service to tenants in individual units of a multiple housing facility with all services offered to other dwelling units within the Franchise Area, so long as the owner of the facility consents in writing, if requested by Grantee, to the following: (A) Grantee's providing the service to units of the facility on such terms and condi[ions as are reasonable, provided that -54- (1) the owner of the faciliry shall not seek to charge Grantee any fee or consideration for access to the facility or for the right of providing Cable Service to the dwelling units within the facility, (2) Grantee shall not seek to charge the owner of the facility any fee or consideration for installing such service other than its actual costs as provided for herein, and (3) such terms and conditions shall be in compliance with applicable law; (B) Reasonable access to the premises by Grantee for installation, maintenance, and inspection of the system on the premises; (C) Reasonable conditions promulgated by Grantee to protect Grantee's equipment and to encourage widespread use of the system; (D) The owner shall not discriminate in rental charges, or otherwise, between tenants who receive Cable Service and those who do not; and (E) The owner shall provide all easements, rights-of-way, and other rights of access deemed reasonably necessary or appropriate by Grantee for purposes of providing Cable television service to the facility. 7753. CONTINUITY OF SERVICE MANDATORY. (A) Subscribers shall have the right to continue to receive service so long as their financial and other obligations to Grantee are honored. Grantee shall at all times, and under all conditions, to the greatest extent economically and technically possible, maintain continuity of service. In the event of an assignment of the Cable System, the assignor shall cooperate with the City and the assignee in order to maintain continuity of service to all Subscribers. (B) In the event Grantee willfully fails to operate the Cable System for a period of five consecutive days without prior approval of the City, the Ciry may, in its sole discretion, elect -55- to operate the Cable System or designate an operator until Grantee restores service under conditions acceptable to the City, or until the City selects a permanent operator. During the entire period while the City operates the Cable System on behalf of Grantee, or causes another party to do so, the City shall be entitled to collect any and all revenues from the operation of the Cable System, and Grantee shall reimburse the City for all reasonable costs or damages in excess of the revenues collected by the City that are caused by Grantee's failure to perform. OPEN VIDEO SYSTEMS 7754. APPLICABILITY. The provisions of Sections 7754-7756 apply to an Open Video System Operator that intends to deliver video programming to consumers in the City over an Open Video System. 7755. APPLICATION REQUIRED. (a) Pursuant to Public Utilities Code Section 5840(c) any person or corporation who seeks to provide video service in the state for which a franchise has not already been issued, afrer January 1, 2008, shall file an application for a state franchise with the California Public Utilities Commission (PUC). 7756. AGREEMENT REQUIRED AND FEES FOR OVS PROVIDERS. No Video Programming services may be provided in the City by an Open Video System operator unless the operator and the City have executed a written agreement, which may be designated as a Franchise, setting forth the terms and conditions under which the operation of the proposed Open Video System will be authorized by the City, or unless the Open Video System Operator has obtained a State Video Franchise. -56- OTHER VIDEO AND TELECOMMUNICATIONS SERVICES AND SYSTEMS 7757. OTHER MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS. (A) The term "Cable System" does not include a facility that serves Subscribers without using any Public Rights-of-Way. Consequently, the categories of Multichanne] Video Programming Distributors identified below are not deemed to be "Cable Systems" and are therefore exempt from the City's Franchise requirements and from certain other local regvlatory provisions authorized by federal law, provided that their distribution or transmission facilities do ^ot involve the use of the City's Public Rights-of-Way. (B) Muhichannel multipoint distribution service ("MMDS"), also known as "wireless cable", which typically involves t6e transmission by an FCC-licensed operator of numerous broadcast stations from a central location using line-of-sight technology. (C) Local multipoint distribution service ("LMDS"), another form of over-the-air, wireless video service for which licenses are auctioned by the FCC, and that offers video programming, telephone, and data networking services. (D) Direct broadcast satellite ("DBS"), also referred to as "direct-to-home satellite services", which involves the distribution or broadcasting of programming or services by satellite directly to the Subscriber's premises without the use of ground receiving or distribution equipment, except at the Subscriber's premises or in the uplink process to the satellite. Local regulation of direct-to-home satellite services is further proscribed by the following federal statutory provisions: (1) 47 U.S.C. section303(v) confers upon the FCC exdusive jurisdiction to regulate the provision of direct-to-home satellite services. -57- (2) Section 602 of the Communications Act states that a provider of direct-to-home satellite service is exempt from the collection or remittance, or both, of any tax or fee imposed by any local taxing jurisdiction on direct-to-home satellite service. The terms "tax" and "fee" are defined by federal statute to mean any local sales tax, Iocal use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, local [elecommunications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regula[ing, or raising revenue for a local taxing jurisdiction. 7758. VIDEO PROVIDERS - REGISTRATION; CUSTOMER SERVICE STANDARDS. (A) Unless the customer protection and customer service obligations of a Video Provider are specified in a Franchise with the Ciry, a Video Provider must comply with all applicable provisions of the following state statutes: (1) The Cable Television and Video Customer Service and Information Act (Govemment Code §§ 53054, et s~.). (2) The Video Customer Service Act (Government Code §§ 53088, et se~c .). (B) All Video Providers that are operating in the City on the effective date of this title, or that intend to operate in the City after the effective date of this title, and are not required under applicable law to operate under a Franc6ise, ]icense, lease, or similar written agreement with the City, must register with the City. The registration form must include or be accompanied by the following: (1) The Video Provider's name, address, and local telephone numbers. (2) The names of the officers of the Video Provider. -58- ~ (3) A copy of the Video Provider's written policies and procedures relating to customer service standards and the handling of customer complaints, as required by Califomia Government Code §§ 53054, et se~c . These customer service standards must include, without limitation, standards regarding the following: (a) Installation, disconnection, service and repair obligations, employee identification, and service call response time and scheduling. (b) Customer telephone and office hours. (c) Procedures for billing, charges, refunds, and credits. (d) Procedures for termination of service. (e) Notice of the deletion of a programming service, the changing of channel assignments, or an increase in rates. (fl Complaint procedures and procedures for bill dispute resolution. (g) The Video Provider's written acknowledgement of its obligation under California Government Code section 530551 to provide to new customers a notice describing the customer service standards specified ahove in subparagraphs (a) through (~ at the time of installation or when service is initiated. The notice must also include, in addition to all of the information described above in subparagraphs (a) through ( fl, all of the following: (i) A listing of the services offered by the Video Provider that clearly describes all levels of service and the rates for each level of service. (ii) The telephone number or numbers through which customers may subscribe to, change, or terminate service, request customer service, or seek general or billing information. -59- 1 (iii) A description of the rights and remedies that the Video Provider may make available to its customers if the Video Provider does not materially meet its customer service standards. (h) The Video Provider's written commitment to distribute annually to its employees and customers, and to the City, a notice describing the customer service standards specified above in subparagraphs (a) through (~. This annual notice must include the report of the Video Provider on its performance in meeting its customer service standards, as required by California Government Code section 53055.2. (4) Unless a Video Provider is exempt under federal law from its payment, a registration fee in an amount established by resolution of the City Council to cover the reasonable costs incurred by the City in reviewing and processing the registration form. (5) In addition to the registration fee specified above in subsection (4), the written commitment of the Video Provider to pay to the City, when due, all costs and expenses reasonably incurred by the Ciry in resolving any disputes between the Video Provider and its Subscribers, which dispute resolution is mandated by California Government Code section 53088.2(0). (C) The customer service obligations imposed upon Video Providers by the Video Customer Service Act (California Government Code §§53088 et s~.) consist of the following~ (1) Every Video Provider must render reasonably efficient service, make repairs promptly, and in[errupt service only as necessary. -60- I,, , (2) AIl Video Provider personnel contacting Subscribers or potential Subscribers outside the office of the provider must be clearly identified as associated with the Video Provider. (3) At the time of installation, and annually thereafter, all Video Providers must provide to all customers a written notice of the programming offered, the prices for that programming, the providers installation and customer service policies, and the name, address, and telephone number of the City's office that is designated for receiving complaints. (4) All Video Providers must have knowledgeable, qualified company representatives available to respond to customer telephone inquiries Monday through Friday, excluding holidays, during normal business hours. (5) All Video Providers must provide to customers a toll-free or local telephone number for installation, service, and complaint calls. These calls must be answered promptly by the Video Providers. (6) All Video Providers must render bills that are accurate and understandable. (7) All Video Providers must respond promptly to a complete outage in a customer's service. The response must occur within 24 hours of the reporting of such outage to the provider, except in those situations beyond the reasonable control of the Video Provider. A Video Provider will be deemed to respond to a complete outage when a company representative arrives at the outage location within 24 hours and begins to resolve the problem. (8) All Video Providers must provide a minimum of 30 days' written notice before increasing rates or deleting channels. All Video Providers must make every reasonable effort to submit the notice to the City in advance of the distribution to customers. The -61- ~-. 30-day notice is waived if the increases in rates or deletion of channels are outside the control of ~` the Video Providec In those cases, the Video Provider must make reasonable efforts to provide customers with as much notice as possible. (9) Every Video Provider must allow every residential customer who pays his or her bill directly to the Video Provider at least 15 days from the date the bill for services is mailed to the customer, to pay the listed charges unless otherwise agreed to pursuant to a residential rental agreement establishing tenancy. Customer payments must be posted promptly. No Video Provider may terminate residential service for nonpayment of a delinquent account unless the Video Provider furnishes notice of the delinquency and impending termination at least 15 days prior to the proposed termination. The notice must be mailed, postage prepaid, to the customer to whom the service is billed. Notice must not be mailed until the 16th day after the date the biil for services was mailed to the customer. The notice of delinquency and impending termination may be part of a billing statement. No Video Provider may assess a late fee any eadier than the 22nd day after the bill for service has been mailed. (10) Every notice of termination of service pursuant to the preceding subsection 9 must include all of the following information: (a) The name and address of the customer whose account is delinquent. (b) The amount of the delinquency. (c) The date by which payment is required in order to avoid termination of service. -62- (d) The telephone number of a representative of the Video l~ Provider who can provide additional information and handle complaints or initiate an investigation conceming the service and charges in question. (11) Service may only be terminated on days in which the customer can reach a representative ofthe Video Providereitherin Person or by telephone. (12) Any service terminated without good cause must be restored without charge for the service restoration. .Good cause includes, but is not limited to, failure to pay, payment by check fo~ which there are insufficient funds, theft of service, abuse of equipment or system personnel, or other similaz Subscriber actions. (13) All Video Providers must issue requested refund checks promptly, but no later than 45 days following the resolution of any dispute, and following the return of the equipment supplied by the Video Provider, if service is terminated. (14) All Video Providers must issue security or customer deposit refund checks promptly, but no later than 45 days following the termination of service, less any deductions permitted by law. (15) Video providers must not disclose the name and address of a Subscriber for commercial gain to be used in mailing lists or for other commercial purposes not reasonably related to the conduct of the businesses of the Video Providers or their Affiliates, unless the Video Providers have provided to the Subscriber a notice,separate orincluded in any other customer notice, that clearly and conspicuously describes the Subscriber's ability to prohibit the disclosure. Video providers must provide an address and telephone number for a local Subscriber to use without toll charge to prevent disclosure of the Subscriber's name and address. 63- , (D) Penalties for Noncompliance (1) Purpose The purpose of this paragraph (D) is to authorize the imposition of monetary penalties for the violation of the customer service standards established by this Section 7759. The imposition of penalties authorized by this paragraph (D) will not prevent the City or any other affected party from exercising any other remedy to the extent permitted by law, including but not limited to any judicial remedy as provided below in subsection (2)(iv). (2) Administration and Appeals. (i) The City Manager or the City Manager's designee is authorized to administer this paragraph (D). Decisions by the City Managei to assess monetary penalties against the Grantee must be in writing and must contain findings supporting the decisions. Decisions by the City Manager are final, unless appealed by the Grantee or aggrieved party. (ii) If the Grantee or any interested person is aggrieved by a decision of the City Manager, the aggrieved party may, within 10 days of the written decision, appeal that decision in writing to the City Clerk. The appeal shall be conducted in accordance with the provisions of Section 7749(B)(2). (iii) Schedule of Penalties. The following schedule of monetary penalties may be assessed against the Grantee for the material violation of the provisions of the customer service standards set forth in this section, provided that the violation is within the reasonable control of the Grantee: (a) The maximum penalty for a first material violation is two hundred dollars ($200) for each day of the material violation. -64- (b) For a second material violation of the same nature within a 12-month period for which the City has provided notice and a penalty has been assessed, the maximum penalty is five hundred fifty dollars ($500) for each day of the material violation. (c) For a third or fuRher material violation of the same nature within a 12- month period for which the City has provided notice and a penalty has been assessed, the maximum penalty is seven hundred fifty dollars ($750) for each day of the material violation. (iv) Judicial Remedy. This paragraph does not preclude any affected party from pursuing any judicial remedy available to that party witliout regard to this paragraph (k). (v) Notice of Violation. The City must give the Grantee written notice of any alleged violation of the consumer service standards and allow the Grantee at least 30 days from receipt of the notice to remedy the specified violation. (vi) Assessment of Monetary Penalties. (a) If a violation has not been corrected or cured by Grantee within the time specified by the City, the monetary penalties specified above in subparagraph (iii) may be assessed from the date of delivery to Grantee of the City's written notice of violation. (b) In assessing monetary penalties under this paragraph (k), the City Manager or the City Council, as applicable, may take into account the nature, circumstances, extent and gravity of the violation and, with respect to the Grantee, the degree of culpability, any history of prior violations, and such other matters as may be relevant. If warranted under the circumstances, the monetary penalty to be assessed may be less t6an the maximum penalty amount specified above in subparagraph (iii). -65- (- (3) Schedule of Penalties. The following schedule of penalties shall apply only to State Franchise Holders, in the event of a violation of any requirement or obligation established by applicable law: A. For the first occurrence of a violation, a monetary penalty of $500 shall be imposed for each day the violation remains in effect, not to exceed $1,500 for each violation. B. For a second violation of the same nature within 12 months, a monetary penalry of $1,000 shall be imposed for each day the violation remains in effect, not to exceed $3,000 for each violation. C. For a third or further violation of the same nature within 12 months, a monetary penalty of $2,500 shall be imposed for each day the violation remains in effect, not to exceed $7,500 for each violation. D. The ma~cimum penalties referenced above may be increased by any additional amount authorized by state law. (E) Additional Consumer Protection and Service Standards (1) In addition to the consumer protection and service standards that are specified above in paragraphs (a) through (h) of subparagraph (B)(3) of this section, the franchise agreement with a Grantee may require compliance with the following: (a) Federal statutes, and the rules, regulations, and orders of the Federal Communications Commission, including the following: (i) The provisions of Section 76.309(c) of Title 47 of the Code of Federal Regulations, as it now exists or may later be amended. -66- (ii) The provisions of Section 76.630 of Title 47 of the Code of Federa] ~. Regulations, as it now exists or may later be amended. (iii) The provisions of Section 551 of TiUe 47, United States Code, as it now exists or may later be amended. (iv) The provisions of California Government Code Sections 53054, et seq., entided the "Cable Teievision and Video Provider Customer Service and Information Act." (v) The provisions of California Govemment Code Section 53088, et seq., entitled the "Video Customer Service Act." (vi) The provisions of Califomia Civil Code Section 1722(b)(1)-(6) relating to service or repair transactions between cable television companies and their subscribers. (vii) The provisions of California Penal Code Section 637.5 relating to subscribers' rights to privacy protection. (2) The City may, in its discretion, incorporate in a franchise agreement those customer service and protection standards referenced above in this paragraph (1) that are the most stringent, and that afford the greatest protection to consumers. These standards will apply, to the extent authorized by law, to all video, voice, and data services that are provided by the Grantee to its subscribers within the franchise service area. (e) A State Franchise Holder and any Franchisee, upon request by the City, shall prepare quarterly reports showing compliance customer service standards for telephone response performance. Such reports will be due to the City within 45 days from the end of each calendar quarter. The report should detail customer call center performance within all call centers serving the City showing data tracked and aggregated for the entire market area served by the call centers. The report shall include~ (1) Cails offered to Interactive Voice Router ~IVR); (2) Calls handled within IVR; ~3) Percentage of calls handled within IVR; (4) Calls offered to agents; -67- ~5) Calls handled within 30 seconds; (6) Service level or percentage of calls answered within 30 seconds; (7) Number of abandoned calls; (8) Percentage of calls abandoned; (9) Average speed to answer a call; (10) Number of calls reaching a busy signal; (11) Percentage of busy calls as a function of total calls. 7760. TELECOMMCJNICATIONS SERVICE PROVIDED BY TELEPHONE CORPORATIONS. (A) In recognition of and in compliance with the statutory authorizations and requirements set forth above in the Recitals of this Ordinance, the following regulatory provisions are applicable to a telephone corporation that desires to provide telecommunications service by means of facilities t6at are proposed to be constructed within the City's Public Rights-of-Way: (1) The telephone corporation must apply for and obtain, as may be applicable, an excavation permit, an encroachment permit, or a building permit ("Ministerial Permit.") (2) In addition to the information required by this Code in connection with an application for a Ministerial Permit, a telephone corporation must submit to the City the following supplemental information: (a) A copy of the certificate of public convenience and necessity issued by the CPUC to the applicant, and a copy of the CPUC decision that authorizes the applicant to provide the telecommunications service for which the facilities are proposed to be constructed in the City's Public Rights-of-Way. -68- (b) If the applicant has obtained from the CPUC a certificate of f public convenience to operate as a"competitive local carrier," the following additional requirements are applicable: (i) As required by Decision No.95-12-057 of the CPUC, the applicant must establish that it has filed with the City in a timely manner a quaRerly report that describes the type of construction and the location of each construction project proposed to be undertaken in the City during the calendar quarter in which the application is filed, which information is sufficient to enable the City to coordinate multiple projects, as may be necessary. (ii) If the applicant's proposed construction project will extend beyond the utility rights-of-way into undisturbed areas or other rights-of-way, the applicant must establish that it has filed a petition with the CPUC to amend its certificate of public convenience and necessity and tha[ the proposed construction project has been subjected to a full-scale environmental analysis by the CPUC, as required by Decision No. 95-12-057 of the CPUC. (iii) The applicant must inform the City whether its proposed construction project will be subject to any of the mitigation measures specified in the Negative Declaration ["Competitive Local Caniers (CLCs) Projects for Local Exchange Communication Service throughout California"] or in the Mitigation Monitoring Plan adopted in connection with Decision No. 95-12-057 oF the CPUC. The City's issuance of a Ministedal Permit will be conditioned upon the applicant's compliance with all applicable mitigation measures and monitoring requirements -69- imposed by the CPUC upon telephone corporations that are designated as "competitive local carriers." (B) In recognition of the fact that numerous excavations in the Public Rights-of-Way diminish the useful ]ife of the surface pavement, and for the purpose of mitigating the adverse impacts of numerous excavations on the quality and longevity of public street maintenance within the City, the following policies and procedures are adopted: (1) The City Manager is directed to ensure that all public utilities, including telephone corporations, comply with all local design, construction, maintenance and safety standards that are contained within, or are related to, a Ministerial Permit that authorizes the construction of facilities within the Public Rights-of-Way. (2) The City Manager is directed to coordinate the construction and installation of facilities by public utilities, including telephone corporations, in order to minimize the number of excavations in the Public Rights-of-Way. In this regard, based upon projected plans for street construction or renovation projects, the City Manager is authorized to establish on a quarterly basis one or more construction time periods or "windows" for the installation of facilities within the Public Rights-of-Way. Telephone corporations and other public utilities that submit applications for Ministerial Permits to construct facilities after a predetermined date may be required to delay such consti-uction until the next quarterly "window" that is established by the City. (C) Pursuant to Public Utilities Code section 5820 and section 5885, the City shall be the lead agency for any environmental review with respect to the construction, installation, and maintenance in public rights-of-way of a Cable System. The City Engineer shall serve as tbe -70- City's contact regarding administration of the processes set forth in Division ]3 of the Public Resources Code commencing with Section 21000, part of the California Environmental Qualiry Act (CEQA). 7761. PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS SUPPORT FEE (PEG FEE) AND REQUTREMENT TO PROVIDE PEG CHANNELS. (A) PEG FEE: A fee of 1% of Gross Revenues shall be assessed on all State Franchise Holders and Grantees that use the public rights-of-way, including all local franchisees and all holders of state franchises as consistent with state or federal law. The PEG Fee shall be paid quarterly, to be received by the City not later than 45 days after the close of each quarter of Grantee's or State Franchise Holder's fiscal yeac (1) On a quarterly basis, the Grantee or State Franchise Holder shall provide the City a complete and accurate statement verified by a financial officer of the Grantee or State Franchise Holder indicating Gross Revenues for the past quarter, listing every revenue source, and depicting gross revenue computations. (2) A video service provider subject to this section may recover the amount of any fee by billing a recovery fee as a separate line item on the regular bill of each Subscriber. (B) CHANNEL DESIGNATION: All video service providers that use the public rights-of-way shall designate sufficient amount of capacity on its network to allow the carriage of at least three public, educational, or governmental (PEG) access channels. For the purposes of this section, a PEG access channel is deemed activated if it is being utilized for PEG access programming within the city for at least eight hours per day. -71- (1) PEG access channels shall be for the exclusive use of the City or its designees to provide public, educational, or governmental channels. (2) Advertising, underwriting, or sponsorship recognition may be carried on the PEG access channels for the purpose of Funding PEG-related activities. (3) The PEG access channels shall all be carried on the basic service tier of grantee. (4) To the extent feasible, the PEG access channels shall not be separated numerically from other channels carried on the basic service tier and tbe channel numbers for the PEG access channels shall be the same channel numbers used by the incumbent cable operator unless prohibited by federal law. (5) After the initial designation of PEG access channel nurribers, the channel numbers shall not be changed witt~out the prior written consent of the City unless the change is required by federal law. (6) Each PEG access channel shall be capable of carrying a National Television System Committee (NTSC) television signal. (7) Requests by the Ciry for additional channel capacity will be rnade in accordance to Public Utilities Code Section 5870. (C) INTERCONNECTION. Where technically feasible, a Grantee and State Franchise Holder shall negotiate in good faith to interconnect their networks for the purpose of providing PEG access channel programming. Interconnection may be accomplished by direct cable, microwave link, satellite, or other reasonable method of connection. Grantees and State Franchise Holders shall provide interconnection of the PEG access channels on reasonable terms and conditions and may not withhold the interconnection If a State Franchise Holder and a -72- Grantee cannot reach a mutually acceptable interconnection agreement, the City may require the ~ Grantee to allow the State Franchise Holder to interconnect its network with the Grantee's network at a technically feasible point on the State Franchise Holders network as identified by the State Franchise Holder. If no technically-feasible point for interconnection is available, the State Franc6ise Holder shall make an interconnection available to the channel originator and shall provide the facilities necessary for the interconnection. The cost of any interconnection shall be borne by the State Franchise Holder requesting the interconnection unless otherwise agreed to by the paRies. (D) EMERGENCY ALERT SYSTEM AND EMERGENCY OVERRIDES. A State Franchise Holder must comply with the Emergency AIeR System requirements of the Federal Communications Commission in order that emergency messages may be distributed over the State Franchise Holder's network. Provisions in City-issued franchises authorizing the City to provide local emergency notifications shall remain in effect, and shall apply to all State Franchise Holders in the City for the duration of the City-issued franchise, or until the term of the franchise would have expired had it not been terminated pursuant to subdivision (m) of Section 5840 of the California Public Utilities Code, or until January l, 2009, whichever is later. CONSTRUGTION REOUIREMENTS FOR STATE FRANCHISE HOLDERS 7762. PERMITS, INSTALLATION AND SERVICE. (A) Prior to commencement of any work in the public right of way, State Franchise Holders must submit a construction plan or reconshuction plan.which shall be incorporated by reference and made a part of any encroachment permit applied for pursuant to Chapter 3, Section 7300 et seq. of the Arcadia Municipal Code. The plan shall include Video Programming System design details, equipment specifications, and design performance criteria. The plan shall also -73- ~r include a map of the entire franchise area disdosed in accordance with the terms and conditions of the encroachment permit. 7763. [RESERVED] 7764. METHODS AND MATERIALS OF STREET CONSTRUCTION. (A) The City shall have the right to specify the methods and materials of construction, together with the horizontal and vertical ]ocation of any facility proposed by a State Franchise Holder within any public property or right-of-way. Methods of construction shall include the City's right to limit the work of the State Franchise Holder to assure a minimum of inconvenience to [he traveling public. 7765. TECHNICAL STANDARDS. (A) Compliance with technical standards. The State Franchise Holder shall construct, install, operate and maintain its Cable System in accordance with all applicable technical standards established by the Federal Communications Commission and any other applicable law. (B) Additional specifications. Construction, installation and maintenance of a Cable System shall be performed in an orderly and professional manner. All cables and wires shall be installed, where possible, parallel with and in the same manner as electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for engineering considerations. Underground installations shall be in conformance with all applicable codes. The State Franchise Holder shall at all times comply with applicable sections of: (1) National Electrical Safety Code (ANSI) C2-1990; (2) National Electrica] Code (National Bureau of Fire Underwriters); -74- (3) The Standards of Good Engineering Practices for Measurements on Cable Television Systems (National Cable Television Association, 008-0477); (4) The City Building Code; (5) City Subdivision Regulations; In any event, the Cable System shall not endanger or interfere with the safety of persons or property in the franchise area or other areas where the'State Franchise Holder may have equipment located. 7766. LOCATION OF PROPERTY OF STATE FRANCffiSE HOLDER. (A) Any poles, wires, cable fines, conduits or other properties of the State Franchise Holder to be constructed or installed in streets shall be so constructed or installed only at such locations and in such manner as shall be approved by the Public Works Director acting in the exercise of his or her reasonable discretion. (B) The State Franchise Holder shall not install or erect any facilities or apparatus m or on other public property, places or right-of-way, or within any privately owned area within the City which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision map approved by the City, except tbose installed or erected upon public utility facilities now existing, without obtaining the proper written approval of the Public Works Director. (C) In those areas and portions of the City where the transmission or distribution facilities of both the public utility providing telephone service and those of the utility providing electric service are underground or hereafter may be placed underground, the State Franchise Holder shall likewise construct, operate and maintain all of its transmission and distribution facilities.underground. For [he purposes of this subsection, "underground" shall include a partial -75- underground system, e.g. streamlining. Amplifiers in the State Franchise Holder's transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the Public Works Director. 7767. REMOVAL AND ABANDONMENT OF PROPERTY OF STATE FRANCHISE HOLDER. (A) In the event that the use of any part of [he Video Programming System is discontinued for any reason for a continuous period of twelve months, or in the event such system or property has been installed in any street or public place without complying with the requirements of the State Franchise Holder's franchise or this Chapter, or the franchise has been terminated, cancelled or has expired, the State Franchise Holder shall promptly, upon being given ten days' notice, remove from the streets or public places, all such property and poles of such system other than any which the Public Works Director may permit to be abandoned in ' place. In the event of such removal, the State Franchise Holder shall promptly restore the street or other area from which such property has been removed to a condition satisfactory to the Public Works Director. (B) Any property of the State Franchise Holder remaining in place thirty days after the termination or expiration of the franchise shall be considered permanently abandoned, except to the extent that it remains in place to provide telephone service or under the authority of rights other than the State Video Franchise that are held by the State Franchise Holder. The Public Works Director may extend such time not to exceed an additional thirty days. (C) Any property of the State Franchise Holder to be abandoned in place shall be abandoned in such a manner as the Public Works Director shal] prescribe. Upon permanent abandonment of the property of the grantee in place, the property shall become that of the City, ~-. ; and the State Franchise Holder shall submit to the Public Works Director an instrument in . , -76- writing, to be approved by the City Attorney, transfening to the City the ownership of such ~ property. 7768. CHANGES REQUIRED BY PUBLIC IMPROVEMENTS. (A) The State Franchise Holder shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from the street or other public place, any property of the grantee when required by the Public Works Director by reason of traffic conditions, public safety, street vacation, freeway and street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, and tracks or any other type of structures or improvements by public agencies; provided, however, that the Grantee shall in all such cases have the privileges and be subject to the obligations to abandon any property of the Grantee in place, as provided in Section 7767. 7769. FAILURE TO PERFORM STREET WORK. (A) Upon failure of the State Franchise Holder to commence, pursue or complete any work required by law or by the provisions of this Chapter or by its franchise to be done in any street or other public place, within the time prescribed, and to the satisfaction of the Public Works Director, the Public Works Director may, at his option, cause such work to be done and the State Franchise Holder shall pay to the City the cost thereof in. the itemized amounts reported by the Public Works Director to the State Franchise Holder within thirty days after receipt of such itemized report. 7770 [RESERVEDJ ( ~ -77- ADMIIVISTRATION AND ENFORCEMENT PROVISIONS FOR STATE FRANCHISE HOLDERS 7771. PROTECTION OF CITY AGAINST LIABILITY. (A) Any Grantee of a local franchise that was in effect on January 1, 2007 shall for the remaining term of its Franchise comply with the indemnification provisions contained within its Franchise. (b) Any State Franchise Holder which has installed facilities or equipment in the Public Rights-of-Way shall comply with any indemnification and or insurance requirements imposed as the condition of issuance of an encroachment permit. 7772. SECURITY FUND. (A) Grantees of ariy Franchises extended or renewed after January 2, 2007, and all State Franchise Holders, shall provide a security fund required to assure faithful performance under the Franchise and/or compliance with this Chapter, in an amount that is not less than Twenty-Five Thousand and no/100ths ($25,000.00) Dollars and shall increase commensurately with the number of subscribers served in increments of $25,000 for every 5,000 subscribers. Prior to the date on which a Grantee begins to provide wmmercial service to subscribers in the City, the Grantee shall post with the City security for the performance of its obligations under its franchise agreement in an amount of not less than Twenty-Five Thousand and no/100ths ($25,000) Dollars. A franchise agreement may provide for a security fund greater than the minimum specified in this subsection. The form of this security may, at a Grantee's or State Franchise Holder's option, be a performance bond, letter of credit, cash deposit, cashier's check or any other security acceptable to the City. For State Franchise Holders, a security fund will be established as a condition of approval for the company's encroachment permits associated with the video service project. The security fund shall be used to: (i) ensure the faithful performance by the Grantee or State _78_ Franchise Holder of its obligations under its franchise agreement and compliance with this ; chapter; (ii) pay the City sums due under the provisions of its franchise agreement in the event the Grantee or State Franchise Holder faiis to do so aRer notice and the opportunity to cure; and (iii) pay liquidated damages assessed against the Grantee or State Franchise Holder due to franchise violations after notice and the opportunity to cure. (B) The security fund shall be placed in interest bearing account and any interest accrued shall be added to the fund. The interest will accrue to the benefit of the Grantee or State Franchise Holder but may not be withdrawn by the Grantee or State Franchise Holder, all interest will be added to and become paR of the security fund during the term of the franchise or the period during which the Video Programming System is operated. (C) If a Grantee or State Franchise Holder fails to pay the Ciry any fees or taxes, liquidated damages, damages, or costs or expenses incurred by the City by reason of any act or default of the Grantee or State Franchise Holder, or if the Grantee or State Franchise Holder fails to comply with any provision of the franchise agreement or this chapter that the City determines can be remedied by an expenditure of the security fund, the City may witt~draw that amount with any interest and penalties from the security fund, pursuant to the procedures outiined in Sections 7717 through 7721ofthis chapter. The Grantee or State Franchise Holder shall have the right to appeal in a court of law within sixty (60) days of the City Council's decision on withdrawals from the security fund. (D) Within thirty (30) calendar days after written notice to the Grantee or State Franchise Holder that an amount has been withdrawn by the City from the security fund, the Grantee or State Franchise Holder shall deposit a sum of money sufficient to restore the security fund to the total amount in the fund immediately prior to the withdrawaL If the Grantee or State -79- Franchise Holder fails to restore the security fund to the original amount within thirty (30) calendar days, the entire security fund remaining may be forfeited, and/or such failure may be considered material breach of this chapter and may be used as grounds for revocation of the franchise or for State Franchise Holders, grounds to file a fornial complaint to the Califomia Public Utilities Commission. (E) Disposition of fund, if franchise is revoked. The security fund will become the property of the City in the event the franchise is revoked. The Grantee or State Franchise Holder is entitled to the return of the balance of the security fund including interest that remains following expiration of the franchise; provided that there are not outstanding unpaid amounts owed to the Ciry by the Grantee or State Franchise Holder, in which event same may be subtracted from such balance. (F) City's right with respect to security fund are in addition to all other rights. The rights reserved to the City with respect to the security fund aze in addition to all other rights of the City, whether reserved by this chapter or authorized by other law, or the franchise agreement, and no action, proceeding or exercise of a right with respect to such security fund will affect any other right the Ciry may have 7773. CONSTRUCTION BOND. (A) State Franchise Holders may be required to obtain a construction bond in an amount required by the encroachment permit or permits issued to the State Franchise Holder. A State Franchise Holder may be required to obtain and maintain tt~roughout the period of system construction or reconstruction, at its cost and expense, and file with the City Clerk, a corporate surety bond issued by a company authorized to do business in the State, and found acceptable by the City Attomey. The bond shall be in an amount sufficient to guarantee the timely construction -80- and/or reconstruction of the Video Programming System and the safeguarding of damage to ;` private property and restoration of damage incurred to utility Facilities. (B) The bond shall be released only after the City Council finds the State Franchise Holder has satisfactorily completed all work of conshvction on the Video Programming System. (C) The rights reserved to the City with respect to the construction bond are in addition to all other rights of the City, whether reserved by this chapter or authorized by law, and no action, proceeding or exercise o£ a right with respect to such construction bond shall affect any other rights the City may have. (D) Endorsement required. The construction bond shall contain the following endorsement: It is hereby understood and agreed that this bond may not be cancelled by the surety nor the intention not to renew be stated by the surety until sixty (60) days after receipt by the City, by ( registered mail, of written notice of such intent to cancel or not to renew. DEFINITIONS 7774. DEFINED TERMS AND PHRASES. For the purposes of this chapter, the following terms, phrases, words, and abbreviations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the fiature tense, and words in singular number include the plural number. Words not defined by this section shall be given the meaning set forth in the Cable Act, and if not defined therein, their common and ordinary meaning. ACCESS, PEG ACCESS OR PEG USE. Refers to the availability or use of a Cable System or Open Video System for public, educational or government use (including Institutional Network use) by public or private agencies, institutions, organizations, groups, and individuals, -81- ~ including, but not limited to the City of Arcadia, and its designated Access providers, to acquire, create, and distribute programming not under a Grantee or State Franchise Holder's editorial control, including, but limited to, the following: (A) Public Access or Public Use, in which members of the general public are the primary or designated programmers or users having editorial control over their programming. (B) Educational Access or Educational Use, in which educational institutions are the primary or designated programmers or users having editorial control over their programming. (C) Government Access or Govemment Use, in which the City or other govemmental institutions designated by the City are the primary or designated programmers having editorial control over their programming. AFFILIATE. The term "affiliate" means a person that (directly or indirectly) owns or controls, is owned or controlled by, or is under common ownership or control with, another person. For purposes of this paragraph, the term "own" means to own an equity interest (or the equivalent thereo~ of more than 10 percent. CABLE ACT. The Cable Communications Policy Act of 1984 (47 USC 521 et seq., as amended by the Cable Television Consumer Protection and Competition Act of 1992 (Public Law No. 102-385) and [he Telecommunications Act of1996 (Public Law No. 104-104), and as hereinafter may be amended. CABLE SERVICE. Means the following: (A) the one-way transmission to Subscribers of (i) Video Programming, or (ii) other programming service, (B) Subscriber interaction, if any, that is required for the selection or use of such video programming or other programming service, as hereinafter may be amended, regardless of the content of such video programming or communications or the technology or method used to deliver such programming. -82- -c~ CABLE SYSTEM OR SYSTEM. A Grantee's facilities, consisting of a set of closed ~- transmission paths and associated signal generation, reception, and control equipment that is designed to provide video programming and that is provided to multiple Subscribers within the City. Such term does nofinclude: (A) A facility that serves solely to retransmit the te(evision signals of one or more televisionbroadcast stations; or (B) A facility that serves Subscribers without using any Public Right-of-Way; or (C) A facility of a common carrier that is subject, in whole or in part, to the provisions of Subchapter II of Chapter 5 of Title 47 of the United States Code, except that such facility shall be considered a Cable System (other than for purposes of 47 USC 541(c)) to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the extent of such use is solely to provide interactive on-demand services; or if such facility is used to provide Cable Service, whether on a common carrier or non-common canier basis, directly to customers; or (D) An Open Video System, as defined below, that complies with 47 USC Section 573; or (E) Any facilities of any electric utility used solely for operating its electric utility systems; or (F) Any.Video Programming System, as defined below. CITY. The City of Arcadia, Califomia. CITY MANAGER. The City Manager of the City of Arcadia, or his or her designee. -83- COMMLJNICATIONS ACT. The Communications Act of 1934 (48 Stat. 1064, 15 USC § 21; 47 USC §§ 35, 151--155, 201--221, 301--329, 401--416, 501--505, 601--609 (as subsequently amended and as hereinafter may be amended). COMPLETE SYSTEM CONSTRUCTION. The point in time when all transmission equipment, facilities, and construction work is installed and completed, and when all appropriate tests have been completed such that applicable performance standards pertaining to or dependant upon such construction is verified. The term Complete System Construction does not include marketing and installation of Subscriber service. CONTROL(INGBD). The possession, directly or indirectly, of the power to direct, or to cause the direction of, the management and policies of a specified Person, whether through the ownership of voting securities, by contract or otherwise. DISTRIBUTION FACILITY/(IES). Cable equipment that is not specific to a Subscriber, including trunk and distribution lines, but excluding drop lines to specific locations. DROP LINES. The cable and related equipment connecting the Cable System's plant to equipment at the Subscriber's premises. EDUCATIONAL ACCESS CHANNEL. A channel on the Cable System that designates educational institutions as the primary providers of non-commercial programming. FCC. The Federal Communications Commission. FRANCHISE. The right to construct, operate and maintain a Cable System using the City's streets and rights-of-way pursuant to the terms and conditions of this chapter and other relevant provisions of the Municipa] Code, the Franchise Agreement, and any Ordinance or Resolution approving the transfer of the Franchise, and any agreement between the City and _ Grantee relating to the operation of the Cable System. ;' : -84- FRANCHISE AGREEMENT. An agreement granting a Franchise pursuant to the terms 1 of the agreement and this chapter. Any conflict between the terms of this chapter and the Franchise Agreement shall be resolved in favor of the Franchise Agreement. In the event a Franchise is in existence as of the effective date of this ordinance, the terms of the Franchise shall govem; provided however, that upon the renewal, extension, amendment or other modification of any such Franchise, the renewed, extended, amended or otherwise modiPied Franchise shall comply with this ordinance. FRANCHISE AREA. The geographic area within the City designated in a franchise where Grantee may operate a Cable System, as defined in the Franchise Agreement. GOVERNMENT ACCESS CHANNEL. A channel on the Cable System that is provided by Grantee to Grantor and other governmental institutions designated by Grantor on which non- commercial informational programming regarding govemment activities and programs may be presented. GRANTEE. Any Person to whom a valid Franchise was granted by the City prior to December 31, 2006, and the lawful successor, transferee or assignee of such Person. GROSS REVENLJES. This definition does not apply to State Franchise Holders, only local Franchisees. All revenue, cash, credits, property of any nature, and other consideration derived directly or indirectly by Grantee, from or amibutable to the sale or exchange of any Cable Service by or through the Cable System, or from or attributable to the sale or exchange of any Video Programming over the respective Open Video Service System; or in any manner derived from the operation of the Cable System or the respective Open Video Service 5ystem, unless otherwise prohibited by federal or state law. Such revenue and other consideration, regardless of technological platform, includes, without.limitation, the following: -85- ,( (A) Fees received from residential and commercial subscribers to any tier of Cable Service and for all Video Programming services. (B) Fees received for installation, reconnection, downgrade, upgrade, and similar services. (C) Late fees and interest collected on delinquent subscriber fees or charges. (D) Fees paid for channels that are designated for commercial use, (E) Fees paid in connection with the rental, lease, or sale of converters, remote controls, and other equipment. (F) Leased or access channel revenues received in connection with the distribution of any Cable Service. (G) All bad debts that are recovered. (H) All revenue that is received by a Grantee, or its subsidiaries or affiliates, from the conduct of any service-related activity directly involving the video portion of the Cable System, including without limitation revenues derived from advertising sales, the sale of products or services on home shopping channels, and the sale of program guides. (I) The fair market value of any nonmonetary consideration received by a Grantee in any transaction with another person relating to the receipt of Cable Service or the operation of the Cable System as it pertains to the offering of Cable Service, such as a barter transaction, but not less than the customary prices paid in connection with equivalent transactions. -86- (J) All carriage revenues received from video programming providers, including incentive fees for caniage, contra expense, barters, or other transactions where generally accepted accounting principles would require treatment as revenue. (K) A franchise fee if itemized and added to the bill. The term "Gross Revenues" does not include the following: (A) Refundable deposits, rebates, or credits. (B) Bad debt that is unrecovered or unrecoverable. (C) Ta~ces imposed by law on subscribers that a Grantee is obligated to collect on behalf of any governmental agency. (D) Revenues collected by unaffiliated video programming providers. (E) PEG fees paid to the City per subscriber as required by the Franchise Agreement or by applicable law. (F) Advertising commissions paid to advertisers that are not wholly-owned subsidiaries of a Grantee. (G) Programming launch fees and marketing suppoR payments where a Grantee receives reimbursements for mandatory marketing costs associated with the launch and promotion of services offered. Gross Revenues shall include revenue received by any entity other than the Grantee where necessary to prevent evasion or avoidance of the obligation under this Agreement to pay the Franchise fees. GROSS REVENUES OR GROSS RECEIPTS (FOR STATE FRANCHISE HOLDERS) The following definition applies solely to State Franchise Holders: "gross revenues" means all revenue actually received by a State Franchise Holder, as determined in accordance _87_ with generally accepted accounting principles, that is derived from the operation of the State Franchise Holder's network to provide cable or video service within the jurisdiction of the City, including all of the following: (1) All charges billed to subscribers for any and all cable service or video service provided by the holder of a state franchise, including all revenue related to programming provided to the subscriber, equipment rentals, late fees, and insufficient fund fees. (2) Franchise fees imposed on the State Franchise Holder by this section that are passed through to, and paid liy, the subscribers. (3) Compensation received by the State Franchise Holder that is derived from the operation of the State Franchise Holder's network to provide cable service or video service with respect to commissions that are paid to the State Franchise Holder as compensation for promotion or exhibition of any products or services on the State Franchise Holder's network, such as a"home shopping" or similar channel, subject to paragraph (4) of Califomia Public Utilities Code Section 5860(e). (4) A pro rata portion of all revenue derived by the State Franchise Holder or its affiliates pursuant to compensation arrangements for advertising derived from the operation of the holder' s network to provide video service within the jurisdiction of the local entity, subject to paragraph (1) of Califomia Public Utilities Code Section 5860(e). The allocation shall be based on the number of subscribers in the local entity divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement. "Gross revenue" does not include any of the following: (1) Amounts not actually received, even if billed, such as bad debt; refunds, rebates, or discounts to subscribers or other third parties; or revenue imputed from the provision _gg_ of cable services or video services for free or at reduced rates to any person as required or allowed by law, including, but not limited to, the provision of these services to public institutions, public schools, governmental agencies, or employees except that forgone revenue chosen not to be received in exchange for trades, barters, services, or other items of value shall be included in gross revenue. (2) Revenues received by any affiliate or any other person in exchange for supplying goods or services used by the State Franchise Holder to provide cable services or video services. However, revenue received by an affiliate of the State Franchise Holder from the affiliate's provision of cable or video service shall be included in gross revenue to the extent allowed by paragraph (2) of California Public Utilities Code Section 5860(e). MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR A Person such as, but not ]imited to, a Cable System operator, an Open Video System Operator, as defined below, a Multichannel multipoint distribution service, a direct broadcast satellite service, or a television receive-only satellite program distributor, who makes available multiple channels of video programming for purchase by Subscribers or customers. NORMAL OPERATING CONDITIONS. Service conditions that are within the control of Grantee. Those conditions that are ordinarily within the control of Grantee include, but are not limited to, special promotions, rate increases, regular peak or seasonal demand periods, and scheduled maintenance or upgrade of the Cable System. Those conditions that are not in control of Grantee include, but are not limited to, natural disasters, civi] disturbances, power outages, telephone network outages, and severe or unusual weather conditions. OPEN VIDEO SYSTEM. A facility consisting of a set of transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable -89- Services, including video programming, and that is provided to multiple Subscribers within the City, provided that the FCC has certified that such system complies with 47 CFR §§ 1500 et se~c ., entitled "Open Video Systems." OPEN VIDEO SYSTEM OPERATOR OR OVS OPERATOR means any person or group of persons that either provides cable service over an open-video system directly, or through one or more affiliates, owns a significant interest in an open-video system, or that otherwise controls or is responsible for, through any anangement, the management of an open- video system. PERSON. Any individual, corporation, partnership, proprietorship, or other organization authorized to do business in the State of California. PUBLIC ACCESS CHANNEL. A channel on the Cable System or Video System that is provided by Grantee or State Franchise Holder for non-commercial programming produced by members of the public or a nonprofit corporation formed by the City to operate and manage such a channel. PUBLIC RIGHT(S)-OF-WAY. Any of the following that are controlled, used or dedicated for use by the public and located within the Ciry's jurisdictional limits: streets, roadways, highways, avenues, lanes, alleys, sidewalks, public utility easements, rights of way and similar public property within which Grantee or State Franchise Holder may place its facilities for operating a Cable System or Video System. SERVICE INTERRUPTION. The loss or impairment of the Cable Services on one or more channels or frequency bands of the Cable System used in connection with the provision of Cable Services to any Subscriber. -90- STATE VIDEO FRANCHISE. A state franchise to provide video services issued by the , California Public Utilities Commission pursuant to the Digital Infrastructure and Video Competition Act of 2006. STATE FRANCHISE HOLDER. A person which holds a state video services franchise issued by the Califomia Public Utilities Commission pursuant to the Digital Infrastructure and Video Competition Act of 2006. SUBSCRIBER. Any Person who pays for Cable or Video Services provided by Grantee by means of the Cable System or State Franchise Holder by means of a Video System. VIDEO PROVIDER, VIDEO PROGRAMMING PROVIDER AND VIDEO SERVICE SUPPLIER. Any person, company, or service that provides one or more channels of video programming including any communications that are ancillary, necessary or common to the use and enjoyment of the Video Programming, to or from an address in the City, including to or from a business, home, condominium, or apartment, where some fee is paid, whether directly or 1 included in dues or rental charges for that service, when Public Rights-of-Way are utilized in the delivery of the Video Programming or communications, regardless of the content of such Video Programming or communications or the technology or method used to deliver such programming. VIDEO PROGRAMMING. Any and all video programming (induding, but not limited to, origination programming) provided by the Grantee or a State Franchise Holder to Subscribers and any communications that are ancillary, necessary or common to the use or enjoyment of such video programming. VIDEO PROGRAMMING SYSTEM. Any system that includes components located in the Public Rights-of-Way and that is used by a State Franchise Holder to provide Video _ -91- Programming to or from an address in the City, including to or from a business, home, condominium, or apartment, when Public Rights-of-Way are utilized in the delivery of the Video Programming or communications, regardless of the technology or method used to deliver such programming." SECTION 2. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph or section of this Ordinance [o be invalid, such decision shall not affect the validity of the remaining parts ofthis Ordinance. SECTION 3. Following the City Council's adoption of this Ordinance, the City Clerk is directed to provide copies, by certified mail, to all State Franchise Holders of Record that are authorized by the California Public Utilities Commission to provide service in Arcadia. Upon ,- the expiration of 90 days following the transmittal of this Ordinance to these video service providers, the provisions of Section 7742 relating to the enforcement of consumer service and protection standards will apply to the operation of the video service system within the designated service areas, pursuant to 47 Code of Federal Regulations §76309, entitled "Customer Service Obligations." SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty-first (31S`) day after its adoption. [SIGNATURES ON NEXT PAGE] -92- Passed, approved and adopted this day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: ~~ - 4'• ' ~'~'~1,~~'~C'I Stephe P. Deitsch , City Attorney -93- % ~...~._.. ~....,,. ~,a, ~ i STAFF REPORT Administrative Services Department DATE: January 15, 2008 TO: Mayor and City Council FROM: Tracey L. Hause, Administrative Services Directo~ SUBJECT: Ordinance No. 2238. an Ordinance of the Citv Council of the Citv of Arcadia. California, requlating Cable. Video Services and Telecommunications Service Recommendation: Introduce SUMMARY Due to continuing changes in technology and in State legislation related to cable, video and telecommunications services, staff recommends the City Council introduce and subsequently adopt Ordinance No. 2238. This action will ensure the City's regulations are in accordance with State law. BACKGROUND In order to promote video service competition in Califomia, the State Legislature passed AB 2987 effective January 1, 2007. A local agency no longer has jurisdiction over franchise agreements for video service providers; the authority now is with the Public Utility Commission (PUC). The Legislature directed the Commission to issue state franchises in order to ensure: 1) A fair and level playing field for all market competitors that do not give an advantage or disadvantage to one service provider or technology over another. 2) Widespread access to the most technologically advanced cable and video services is promoted to all California communities in a nondiscriminatory manner. i 3) Local government revenues and their control of public rights-of-way remain protected. 1 4) Market participants comply with all applicable consumer protection ~ laws. 5) Investment in broadband infrastructure is increased. 6) Access to and maintenance of the public, education and government (PEG) channels continues. 7) Existing authority of the PUC is maintained as established in state and federal statutes. However, local entities retain sole authority to regulate franchise fee provisions, PEG channel requirements, Emergency Alert System requirements, and environmental review with respect to network construction and installation and maintenance in public rights-of-way. The City may also diligently review landscaping and screening plans, require maintenance plans and graffiti removal, ensure ADA compliance and avoid vehicular or pedestrian sightline problems. DISCUSSION Because of changes in legislation, cable, video and telecommunications it is recommended City Council introduce and adopt of the proposed Ordinance to ensure local regulations are in accordance with State law. Changes in legislation brought forward by AB 2987, the City Council no longer has jurisdiction over the franchising agreements. Also the approvals required for construction of new infrastructure are addressed strictly through the permitting process, handied exclusively by staff. FISCAL IMPACT There is no immediate fiscal impact to the City. The City will retain the rights to current franchise fees from cable, video and telecommunications services. RECOMMENDATION It is recommended the City Council introduce: Ordinance No. 2238, an Ordinance of the City Council of the City of Arcadia, California, regulating Cable, Video Services and Telecommunications Service Approved: ~ew~ ~e~.~~ Donald Penman, City Manager 2 STAFF REPORT Administrafive Services Departn~ent Date: February 5, 2008 To: Mayor and City Council From: Michael A. Casalou, Human Resources Administrator "~/ Subject: Resolution No. 6607, a Resolution of Intention to approve an amendment to contract between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Arcadia Recommendation: Adopt Ordinance No. 2240. An Ordinance of the City Council of the City of Arcadia authorizing an amendment to the contract between the City Council of the City of Arcadia and the Board of Administration of the California Public Employees' Retirement System Recommendation: I ntroduce SUMMARY The City Council adopted Resolutions on August 21, 2007 establishing compensation and related benefits for Executive Management, Management, Part-7ime Temporary employees, and employees represented by the Arcadia City Employees Association (ACEA) and the Arcadia Public Works Employees Association (APWEA). As part of the benefit changes, the City agreed to implement the 2.5% @ 55 PERS retirement plan effective October 1, 2008 with the employee paying the additional employee portion of the increase costs of 1%. DISCUSSION In order to implement the 2.5% @ 55 retirement plan, the City Council must adopt a Resolution of Intention to approve the amendment, and introduce and subsequently adopt an Ordinance authorizing the amendment between the City of Arcadia and the California Public Employees' Retirement System. This Government Code Section also requires a secret ballot election by the employees affected whenever the contract is amended to provide a benefit, which changes the employees' rate of contribution. The contract shall not be Mayor and City Council February 5, 20D8 amended if a majority of the affected members vote to disapprove the proposed plan. However, disapproval of the plan is -not anticipated, as the affected emp(oyee groups were made aware of the proposed plan change in the rate of contribution at the time of approval of the Memorandums of Understanding. The City is anticipating the following schedule for implementation: February 5, 2008 Adoption of the Resolution of Intention and Introduction of the Ordinance February 6 - February 20~' March 4, 2008 April 3, 2008 September 28, 2008 FISCAL IMPACT Employee Election Adoption of the Ordinance Effective date of Ordinance Effective date of plan amendment (if a plan amendment affects a change in the employee and/or employer contribution rates, this date must be a first day of a payroll period) A contract amendment cost analysis (actuarial valuation) has- been completed and was based on the most recent annual valuation. Disclosure of the future annuals cost of the proposed contract amendment must be made public at a public meeting at least two weeks prior to the adoption of the final Ordinance. By disclosing this cost at the February 5, 2008 City Council meeting, this requirement is met. Future annual costs: Change in the Present Value of Benefits $ 3,623,261 Change in the Accrued Lia6ility $ 1,372,610 Change in the Total Employer Rate 2.135% * * The change in the Total Employer Rate of 2.135% represents approximately $260,000 for the 2008-09 FY. Mayor and City Council February 5, 2008 The member contribution rate will be 8% of the reportable-earnings, as of the= effective date of the amendment to the contract. The City currently pays 7% of the employees' member contribution rates. The employee is funding the additional 1 %. RECOMMENDATION That the City Council: Adopt Resolution No. 6607, a Resolution of Intention to approve an amendment to contract between the Board of Administration of the California Public Employees' Retirement System and the City Council of the City of Arcadia, and; Introduce Ordinance No. 2240. An Ordinance of the City Council of the City of Arcadia authorizing an amendment to the contract between the City Council of the City of Arcadia and the Board of Administration of the California Public Employees' Retirement System. Approved: ~ ~~_ Donald Penman, City Manager RESOLUTION N0. 6607 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 ARCADIA 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 forth 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 of the public agency of a resolution giving notice of its intention to approve an amendment to said cont~act, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21354.4 (2.5% @ 55 Full and Modified fromula) for local miscellaneous members. NOW, THEREFORE, BE IT RESOLVED that the goveming body of the above agency does hereby give r~otice 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 "Exhibit" and by this reference made a part hereof. By: Presiding Officer Title Date adopted and approved (Amendment) CON•302 (Rev. 4198) ~ ~Ii,- Ca1PERS EXHIBIT Califomia Public Employees' Retirement System AMENDMENT TO CONTRACT Between the Board of Administratioa California Public Employees' Retiremeat System and the City CounCil City of Arcadia ~ The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the goveming body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract 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, 1964, February 28, 1965, October 1, 1972, June 24, 1973, January 4, 1976, April 10, 1977, March 11, 1979, June 22, 1986, November 6, 1988, December 2, 1994, June 4, 1999, October 11, 1999, December 8, 1999, October 19, 2001 and March 5, 2004 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as fo{lows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective March 5, 2004, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 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 for local safety members. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1945 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on elecfion of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. PLEASE DO NOT SIGN "EXHIBIT ONLY" 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Loca( Poiice Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscel{aneous 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: NO ADDITIONAL EXCLUSIONS 5. The percentage of final compensation to be provided for each year of credited prior and currerit service for local miscellaneous members in employment before and not on or after the effective date of this amendment to contract 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 for local miscellaneous members in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.4 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 (2.5°/a at age 55 Full and Modified). 7. 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 Retirement Law (3% at age 50 Full). 8. 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). c. Section 20965 (Credit for Unused Sick Leave). d. Sections 21624 and 21626 (Post-Retirement Survivor Aliowance). PLEASE DO NOT SIGN "EXHIBIT ONLY" e. Section 21024 (Military Service Credit as Public Service). f. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members only. g. Section 21027 (Military Service Credit for Retired Persons). 9. 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. 10. Public Agency shall contribute to said Retirement System the contributions deteRnined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 11. Public Agency shall also contribute ta said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled 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 Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all 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 by law. d. A reasonable amount, as fixed by the Board, payable in one instaiiment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall 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. 13. Contributions required 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 o~ as may be prescribed by Board regulation. If more or less than the correct a unt of contributions is paid for any period, proper adjustment shall be ma ~n connection with subsequent remittances. Adjustments on account pf~ars in contributions required of any einployee may be made by direct payrt~~s between the employee and the Board. B. This amendment shall be.~ctive on the BOARD OF ADMINISTRA~~ PUBLIC EMPLOYEES' ~, REMENT SYSTEM O~ BY r~C.O LORI MCGAF~ND, CHIEF EMPLOYE ~~RVICESDIVISION PUBLIC EM~LOYEES' RETIREMENT SYSTEM day of , CITY COUNCIL CITY OF ARCADIA BY '' PRESIDING OFFICER o~a ~~~`~~~ ~~ Witness Date ~j" Attest: OQ~~~ P5~ .F, ci~~ AMENDMENT ER# 94 PERS-CON-702A (Rev. 10105) ORDINANCE NO. 2240 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF ARCADIA AND THE BOARD OF ADMII~TISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEE'S RETIREMENT SYSTEM THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORIVIA, DOES ORDAIN AS FOLLOWS: SECTION 1. An amendment to the contract between the City of Arcadia and the Board of Administrarion, California Public Employees' Retirement System is hereby approved, a copy of said amendment being attached hereto, marked Exhibit "A", and by such reference made a part hereof as though herein set out in full. SECTION 2. The Mayor of the City of Arcadia is hereby authorized, , empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. The City Clerk shall certify to the adoprion of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty-first (31~`) day after its adoption. 1 Passed, approved and adopted this day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: 1'. ~~ Step en P. Deitsch City Attorney _ Ii, Ca1PERS EXHIBIT Califomia Public Employees' Retirement System ~ AI~NDN~NT TO CONTRACT Between the Board of Administration California Public Eiqployees' Retiremeat System and the City Couacil 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 Pubiic Agency, haying entered into a contract effective October 1, 1945, and witnessed September 24, 1945, and as amended effective July 1, 1953, January 1, 9957, January 1, 1958, January 1, 1959, January 19, 1964, February 28, 1965, October 1, 1972, June 24, 1973, January 4, 1976, April 10, 1977, March 11, 1979, June 22, 1986, November 6, 1988, December 2, 1994, June 4, 1999, October 11, 1999, December 8, 1999, October 19, 2001 and March 5, 2004 which provides for participation of Public Agency in said System, Baard and Pubfic Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective March 5, 2004, and hereby replaced by the following paragraphs rx~nbered 1 through 13 inclusnre: 1. Ali words and terms used herein which are defined in ~ Public Employees' Retirement Law shall have the meaning as defined ~ unless othenvise specifically provided. "Normal retirement age° shaH m~a age 55 for local miscellaneous members and age 50 for local safety m~ 2. Public Agency shall participate in the Public Employees' ~nent System from and after October 1, 1945 making its employees as herea~rprovided, members of said System subject to all provisions of the Public ' Retirement Law except such as apply only on election of a contrac~ agency and are not provided for herein and to all amendments to said Laar ~r enacted except those, which by express provisions thereof, apply ~~ the election of a contracting agency. ~H~B~ ~'A" PLEASE DO NOT SIGN "EXHIBIT ONLY" 3. Employees of Pubiic Agency in the following classes shaH become members of said Retirement System except such in each sucFi class as ~ excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members}; b. Local Police Officers (herein referred to as locai safetp members); c. Employees other than local safety members (herean referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following ciasses of employees shaH not become rnembers of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment before and not on or after the effective date of this amendmen# fo contract 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 seroice has been included in Federal Social Security (2% at age 55 Full and Modfied). The percentage of final compensation to be.provided for each year of credited prior and cu~rent service for local miscelianeous members in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.4 of said Retirement Law, subject to the reduction provided therein for service priorto March 31, 1977, termirafion of Social Security, for members whose service has been included in Federal Social ' Security (2.5% at age 55 Full and Modified). 7. The percentage of final compensation to be provided for eacfi year of credited prior and current service as a local safety member shatl be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 8. Public Agency elected and elects to be subject to the fo~ optional provisions: a. Section 21573 (Third Level of 1959 Surur~ Benefits) for local miscellaneous members and local police membe~ or~i b. Section 20042 (One-Year Final Compensation). c. Section 20965 (Credit for Unused Sick Leave). d. Sections 21624 and 21626 (Post-Retirement Surv~~9owance). PLEASE DO NOT SIGN "EXHIBIT ~NLY" e. Section 21024 (Military Service Credit as Public Serv~e)_ f. Section 21574 (Fourth Level of 1959 Survivor ~efds) for local fire mernbers only. g. Section 21027 (Military Service Credit for Retired Persons). 9. Public Agency, in accordance with Govemment 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 foced and determined as provided in Govemment Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Goaremment Code Section 20834. 10. Public Agency shall contribute to said Retirement Systern 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. 11. Public Agency shall also contribute ta said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Sunrivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled 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 Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a sirigle account, based on term insurance rates, for survivors of all local fire mernbers. c. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the c~ o# administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic in~tion and valuations required by law. d. A reasonable amount, as fixed by the Board, payai~e~ one installment as the occasions arise, to cover the costs of specia~[ ~r~ions on account of employees of Public Agency, and costs of the ~ investigation and valuations required by law. 12. Contributions required of Pubfic Agency and its employees shall 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. 13. Contributions required of Public Agency and its ercr~loyees shall be paid by Public Agency to the Retiremerit 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 ar~o unt of contributions is paid for any period, proper adjustment shall be ma~``in connection with subsequent remittances. Adjustments on account f~jrors in contributions required of any employee rnay be made by direct payrr~s between the employee and the Board. B. This amendment shall be,,~ctive on the day of BOARD OF ADMINISTRA~~ PIJBLIC EMPLOYEES~~. REMENT SYSTEM Q~ BY LORI MCGA ND, CHIEF EMPLOYE RVICES DIVISION PUBLIC EM~LOYEES' RETIREMENT SYSTEM CITY COUNCIL CITY OF ARCADIA BY i, PRESIDING OFFICER O~ ~~~\~~~ :• ^~ Witness Date ~j~ Attest: 0~~~~ P`'~ ~ CI rk AMEN~MENT ER/F 94 PERS-CON-702A (Rev. 10\O5) J F AR CPyIFOR.y~V r e~:: "i`, O /. STAFF REPORT DATE: February 5, 2008 Public Works Services Department TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager/Public Works Services Director Prepared by: Tom Tait, Deputy Public Works Services Director Marie Rodriguez, Management Aide SUBJECT: RESOLUTION NO. 6604 DESIGNATING THE LOS ANGELES COUNTY WITHIN THE CITY OF ARCADIA Recommendation: Adopt SUMMARY Staff recommends that the City Council adopt Resolution No. 6604 designating the Los Angeles County Solid Waste Management Program to act as the Local Enforcement Agency for solid waste management within the City of Arcadia. DISCUSSION The City has relied on the LEA to monitor and sanction, if necessary, waste haulers that operate within city limits and landfills where the municipal solid waste is deposited for many decades. The recent reorganization of the Los Angeles County Department of Health Services (DHS) requires acknowledgment of a new LEA designation under a new department by all cities in Los Angeles County. RECOMMENDATIONS Adopt Resolution No. 6604 designating the Los Angeles County Solid Waste Management Program to act as the Local Enforcement Agency for solid waste management within the City of Arcadia. Approved: ~a``'~~J Don Penman, City Manager PM:TT:MR Page 1 of 1 RESOLUTION NO. 6604 A RESOLUTION OF THE CITY COLJNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DESIGNATING THE LOS ANGELES COUNTY SOLID WASTE MANAGEMENT PROGRAM (SWMP) AS THE LOCAL ENFORCEMENT AGENCY (LEA) RESPONSIBLE FOR ENFORCING ALL LAWS AND REGULATIONS PERTAINING TO THE MANAGEIVIENT OF SOLID WASTE WITHIN THE CITY OF ARCADIA WHEREAS, the Los Angeles County Deparhnent of Health Services (DHS) has acted as the Local Enforcement Agency (LEA) within the City of Arcadia for enforcement of solid waste handling, transport, and disposal; and WHEREAS, effective July 2006, the DHS reorganized functional responsibilities with the Los Angeles County Department of Public Health (DPH); and WHEREAS, the SWMP has been assigned LEA responsibility for the management of solid waste for Los Angeles County. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION L The Los Angeles County Solid Waste Management Program shall be the Local Enforcement Agency (LEA) responsible for the enforcement of laws and regulations pertaining to the handling, transport, and disposal of solid waste within the City of Arcadia. , SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: ~~2"" 4 • / 1~"f„ - ..o„~'~ City Attorney 2 ,.....o. .,, •ro~ c°~m°°,°y°fN°~`~ STAFF REPORT Public Works Services Department DATE: February 5, 2008 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Director Prepared by: Lubomir Tomaier, Principal Civii ngin er Mark Rynkiewicz, Associate Civil Engineer SUBJECT: Recommendation: SUMMARY On May 15, 2007, the City Council awarded a contract to Bond Blacktop, Inc. in the amount of $246,960:00 for the construction of the 2006-2007 Annual Slurry Seal Project. The terms and conditions of this project have been complied with and the work has been performed to staff's satisfaction for a total project cost of $214,544.76. This amount reflects the original contract amount of $246,960.00 minus quantity changes totaling $32,415.76 or 13% below the original contract amount. Staff recommends that the City Council accept all work performed by Bond Blacktop, Inc. as complete and authorize the final payment to be made in accordance with the contract documents. DISCUSSION The Public Works Services Department is responsible for the maintenance and repair of approximately 147 miles of pavement within the community. In 1999, as part of the Pavement Management Program, staff prioritized the condition of all City streets and established an eight (8) year slurry seal program to efficiently prolong the life of City streets. The 2006/2007 Capital Improvement Program includes the Annual Asphalt and Concrete Program for this work. The Department is scheduled to slurry seal approximately 18 miles of City residential streets per year. The Attachment is a map of the area where the work was perFormed for 2006-07. An asphalt slurry seal is a mixture of well-graded fine aggregate, emulsified asphalt and Page 1 of 2 Mayor and City Council February 5, 2008 water applied to the street pavement as a surface treatment. It is designed for both preventive and corrective maintenance to older pavement surfaces where surface cracks and loss of surface material are evident. This process makes the pavement impermeable to air, water and improves skid resistance. To reduce the need for more costly maintenance or construction work in the future, this application is repeated once every eight years. The terms and conditions of this contract have been complied with and the work has been performed to staffs satisfaction. Therefore, staff recommends that the City Council accept all work performed by Bond Blacktop, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $21,454.48. The Slurry Seal Project is awarded on an amount based on the engineer's estimate of quantities and the low bidder's unit bid prices. The final contract amount is based on actual installed quantities based on specific field conditions; such as, pavement surtace texture, undulations, and indentations; therefore, the awarded contract amourit and final contract amounts vary. The final contract amount has been determined to be $214,544.76. This amount reflects the original contract amount of $246,960.00 minus quantity changes totaling $32,415.76 or 13% below the original contract amount. ENVIRONMENTAL ANALYSIS This project is categorically exempt per Section 15301 (c) replacement from the requirements of the California Environmental Quality Act. FISCAL IMPACT Funds in the amount of $625,000 are budgeted in the 2006-2007 Capital Improvement Program for the Annual Asphalt & Concrete Repair Program ($600,000) and ADA Sidewalk Access Program ($25,000). $235,752.25 has been spent on concrete repairs leaving a balance of $389,247.75 for this portion of the project. RECOMMENDATION 1. Accept all work performed by Bond Blacktop, Inc. for the 2006-2007 Annual Slurry Seal Project as complete. 2. Authorize final payment to be made in accordance with the contract documents, subject to a retention of $21,454.48. Approved by: ~u n ~~n-rr~J Don Penman, City Manager PM: LT Attachment Page 2 of 2 : . 2006/2007 SLURRY ~ ' :,; . ,., ; SEAL PR~JECT ~~ l' _,rd ~;; PROJECT LOCATION MAP -~~' ~~~' ~~, ,-. _~'~; ~ ;` ~~ ~ `PROJECT " ~~ ' ~ '~ `5 ~.~/ LOCATION , ,~, ;' ~~ . . ~ ~~ ~ ~~ _, „ ~._ , ~,;-~ ;•,n ~s:.:;;: ~ i STAFF REP~RT Development Services Department DATE: February 5, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director ,S~-~< Philip A. Wray, City Engineer/Engineering Services Administrator~~ Prepared By: Tim Kelleher, Senior Engineering Assistant SUBJECT: Award Contract - Sidewalk Gap Closure Proiect on Huntinpton Drive (300 Feet East of Golden West Avenue) Recommendation: Authorize the City Manager to enter into a contract with B& T Works Inc. in the amount of $34,120 SUMMARY As part of the City's ongoing Sidewalk Gap Closure, the City Council approved the Capital Improvement Project to construct sidewalk on Huntington Drive from Golden West Avenue to Old Ranch Road. The project is funded by Transportation Development Act (TDA) funds. The project was advertised and bids were opened on December 19, 2007. B& T Works, Inc. submitted the successful low bid in the amount of $34,120. Staff recommends that the City Council award a contract for the Sidewalk Gap Closure on Huntington Drive between Golden West Avenue and Old Ranch Road to B& T Works, Inc. DISCUSSION The City of Arcadia receives annual apportionments of Transportation Development Act (TDA) funding from Los Angeles County for construction of new sidewalks. The City annually budgets $25,000 for sidewalk improvements eligible under the program. Unfortunately, retrofitting a sidewalk into existing conditions tends to be difficult and expensive, so the annual budget achieves a relatively small scope of work. The City's most recent sidewalk project completed the gap of missing sidewalk on the south side of Huntington Drive between Hungate Avenue and Sunset Boulevard. The City's next highest priority is the gap on the north side of Huntington Drive between Old Ranch Staff Repo~ Award Contract February 5, 2008 Page 2 Road and Golden West Avenue. The high pedestrian activity combined with the uneven topography and heavy plants and bushes make this a prime candidate for sidewalk. The project was budgeted in the 2006-07 and 2007-08 fiscal year Capital Improvement Program utilizing $50,000 of TDA funds. Unfortunately, the extent of missing sidewalk in this section of Huntington Drive is greater than the funds available, so only a short portion of sidewalk was incorporated into this project. The low bid was lower than anticipated and a small amount of funding remains in the budget. This remaining budget will be used 4o extend the sidewalk as a future project and will be included in the upcoming project to rehabilitate the pavement in westbound Huntington Drive from Baldwin Avenue to Michillinda Boulevard. Notices inviting bids were published in the adjudicated paper and 16 bid packages were purchased by area contractors. Eleven (11) bids were received and opened on December 19, 2007 with the following results: COMPANY B & T Works Inc. FS Construction Newport Grading Inc. JDC, Inc. Newtech Engr. Const Gentry Brothers Inc Sunrise Landscape JMR General Engr Pacific Construction Eagle Asphalt Damon Construction AMOUNT $34,120.00 $36,585.00 $37,885.00 $41,225.00 $46,720.00 $53,480.00 $54,700.00 $55,466.00 $63,395.00 $66,067.50 $69,191.55 Staff has reviewed the bid documents for content, and has investigated the contractor's background and recent projects for competency. Staff has determined that B& T Works, Inc. can satisfactorily perform the required work. ENVIRONMENTAL ANALYSIS The project is categorically exempt per Section 15301 class 1(c) from the requirements of California Environmental Quality Act (CEQA). FISCAL IMPACT Transportation Development Act (TDA) funds in the total amount of $50,000 have been budgeted in the FY 2006/07 and FY 2007/08 Capital Improvement Program (CIP) for the Sidewalk Gap Closure Project of Huntington Drive 300 feet easterly of Golden West Staff Report Award Contract February 5, 2008 Page 3 Avenue. The contract cost of the project is $34,120. The balance of the project funds will be assigned to the remaining sidewalk needs on Huntington Drive and will be comtiined with an upcoming street rehabilitation project for westbound Huntington Drive from Baldwin Avenue to Michillinda Avenue. That the City Council authorizes the City Manager to enter into a contract with B& T Works Inc. in the amount $34,120 for the Sidewalk Gap Closure Project on Huntington Drive 300 feet Easterly of Golden West Avenue. Approved: :~e1~a-!d7 ~e""'"""'~ Donald Penman, City Manager JK:PAW:TOK:pa 4.wPo~~ A~Pttl.IN! ~ i STAFF REPQRT Development Services Department February 5, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director S~-iC By: Steven Lee, Assistant Planner ~ SUBJECT: Recommendation: Approve Final Map SUMMARY Tentative maps and final maps are required for all subdivisions that result in five or more parcels or condominiums. The City Council shall approve a final map if it conforms to all the requirements of the subdivision regulations of the Municipal Code and the State Subdivision Map Act. The Development Services Department recommends that the City Council approve Final Map No. 62234 for a 78-unit residential condominium subdivision at 161 Colorado Place. DISCUSSION The evaluation of environmental impacts as set forth in the Initial Environmental Study required by the California Environmental Quality Act determined that Tract Map No. 62234 would not have a significant effect on the environment, and therefore a Negative Declaration was adopted by the Planning Commission on February 22, 2005. On January 9, 2007, the Planning Commission granted a one-year extension of Tentative Tract Map No. 62234, which is set to expire on February 22, 2008. To provide a brief update on the project's progress, the plans are currently in the second review phase of plan check. The required Regulatory Agreement, which ensures that occupants of the units are no less than 55 years of age, has already been reviewed and approved by the City Attorney and has been submitted to the Los Angeles County Recorder's office for recordation. Additionally, the City Attorney's office has completed a full review of the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for the project. Pending City Council approval, the final map and CC&Rs will be recorded concurrently. Final Map No. 62234 has been reviewed by the Los Angeles County Department of Public Works and the appropriate City Departments. Said map has been found to be in substantial compliance with the tentative map, as approved by the Planning Commission on February 22, 2005, and is in compliance with the subdivision regulations of the Municipal Code and the State Subdivision Map Act. RECOMMENDATION The Development Services Department recommends approval of Final Map No. 62234. Attachments: 1. Land use map 2. Letter of compliance from the County of Los Angeles 3. Final Map No. 62234 Approved: ~ ~`'"~~ Don Penman, City Manager ~, , '-' R ~0 P ~ ~v /, (137) (930J V' (f33J ~A-~ (lY0 ~v (1Y9) ~ `1~ (123) ( (117) ri-2 ~~ Development Services Department Engineenng Division Prepered6y R.SGa¢de:, Jerniery2008 ~ i \°~o,. 161 Co/orado Place Fina! Map No. 62234 ~ N ~oo o too wo (143) R.q (~ao~ ~ COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC V4ORKS "TO Ennch Lives Through E(lective antl Canng Service" UON.iI.U L. 11'pLFB. Dimanr September 19, 2007 VOU SOUTI I h'IfFMUN'I' AV CNUE AI.HAMF111A.CALIPORNIA 91tl1U-q31 'Ikleplwncfn261458-SIUO htlp:/iJpw.lncoimty.bov :~DPµGtiti:1LL(()NRttiPtLVDL\'<~~~.FO; . Y.O. 60] IJGO ALkI.\~II1RA. C.\I IFOR]'IA VIF1L+-IIOU IN REPLY PLEPSE ~] REFERTOFILE' LD-G Mr. Phillip Wray City Engineer City of Arcadia P.O. Box 6on21 Arcadia, CA 91006-6~21 Dear Mr. Wray: TRACT NO. 62234 The enclosed subject final map has been reviewed and corrections made by Public Works for mathematical accuracy, suroey analysis, title information, and for compliance with the Subdivision Map Act. It is ready for your examination and certification as to compliance with the conditional approval and applicable City Ordinances. The City Council or Advisory Agency should make the findings required by the State Environmental Quality Act and the 5ubdivision Map Act. After your approvai and the approval of the City Council or Advisory Agency, the final map should be returned to Land Development Division, Subdivision Mapping Section, for fiting with the Registrar-Recorder/County Clerk's office. If you have any questions, please contact Mr. Saleh Khalil of our Subdivision Mapping Section at {626) 458-4915. Very truiy yours, DONALD L. WOLFE Director of Public s `~~ ~~(^.~~~- ~ ~, ~ /-' DENNIS HUNTER ~~(;' Assistant Deputy Director ~ La~d Development Division SK:ca P.1ldpublS UBMAPIFORM5ITRACT-LTR.doc Enc. ~ LOT 76;515 S0. F7. TRAC~ ~l~a 6~~3~ IN TNE CITY OF ARCADIA COUNTY OF LOS ANGELES, STATE OF CALIFORNlA BEING A SUBDIVlSION OF A PORTION OF LO7 1 OF TRACT N0. 949, AS PER MAP RfCORDED fN BOOK i7 PAGE 13 ~F MAPS, IN THE OFFlCE OF iNE COUNTY RECORDER OF SAlD COUNTY. rur, coni~i~euNiun{ ~ur,~uses CpliLand Engineering, Inc. September 2007 i7W~1E2ti 5y[~}.]LA9E1~I vf C~fBr SIAI! Yf I u-F[ I IF U I I S EI! M: II RRE.ILL el In! t OS IRVUEO II III IIN U~YIIInYO'4 SIIRMI YI 11~I:~ utv MT1K1 11iE (VSNi:II\£ B(#~EP lY1C U Y( LIM ll 1 IO TK VPEPAI1AiK11 Rllp iNl G LY i+N YIF NIII .IILGNJ N I~x~ Iiki vlV~ a d rvcsNlxr, pl ~ cqRUnne tur[L Pn~LLil~ r.Rrvub fonNW~ ~j/~ _' - ds' 6,~T~~-~~~ .... r~a~Ir~AUi_.4a-p+lK`Ml~~~'~+in'flil vfnuriiqn'_.- :E:kCLtiN'~ E~sT wFC+ gwri A. i~cCE56eR BY M[11y2/L W~RI W~Ii4U INTGlK.N~I~r.. 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S\911F G:CYfhf ItMe ?@SK IifiUpli LWi IpCW11In RII~I'O:~LS, FU. i:IPN~frt111S ' OI y1Vf1EF111'AlYJAyH f01All SOYI+NiY. > CONP911TiIlN Y£F P\Y.f.~. 1G^_J-NC A: YEI! MC. ~[':. .~~Iv tl. I'+h`i. n4 III.fPUAlfll(.Im 09-Y:VY.Ot, p.(. . NCLI'ffG R$ Q Nlt MONUMENT IJOI'ES ~~ L(NE TABLE CURVE TABLE ~ ~ e r nc. :ena~. i rw' ~~: :ri r.ouc wau:. io ee :~eT. . . (1 BLVJI.Il IFX41H 1 ) RANIIi LillGtll JN1 ~ IK.IIq ) L Y i p[G :lYlnJ. IJ f2 SO ~ _ .. II IItlO'i(i:SE ?I.09' ll 30.00' ]_.N':.~i9~ 9_lYi~ a ;rx. s w r,.:r. -~arm. w 4i: ;r~ V . . . IItl9'Y6~ID4 G].til• .~ C: ._ i9~~J'.NpG' I'iY' . .. .. OS19'dfi' LEGE J~ is unrm'wr ~ ia~~o~ . u sa u..i.~r' i ai rr3ruo'. . . a .uua 5 iY mm srcnovq~ P~WfA!': ~ul LW~d4AY pf LiL WN Bf.ML SIGpNDCII OY 1116 NFP nvY ~ ~ STAFF REPORT Public Works Services Department DATE: TO: FROM: SUBJECT: SUMMARY February 5, 2008 Mayor and City Council Pat Malloy, Public Works Services Director 1 Prepared by: Lubomir Tomaier, Principal Civil Engineer Tiffany Lee, Assistant Civil Engineer On October 2, 2007, the City Council awarded a contract to D& J Foothill Electrical Contractors, Inc. in the amount of $61,760 for the replacement of the Longden Avenue Park Baseball Field Backstop. The terms and conditions of this project have been complied with and the work has been performed to staff's satisfaction for a total project cost of $61,760. This amount reflects the cost of actual work performed under the unit price agreement of the original contract. There were no contract change orders issued. Staff recommends that the City Council accept all work performed by D& J Foothill Electrical Contractors, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to retention of $6,176.00. BACKGROUND At the October 11, 2006 Parks and Recreation Commission meeting, the replacement of the baseball field backstop at Longden Avenue Park was recommended. The existing backstop was not built to current standards and the backstop, in its entirety, was in disrepair, the posts had begun to sag and there were numerous holes in the fencing fabric. The Little League had asked the City to replace the backstop prior. to the beginning of the new baseball seasan, which started in January 2008. Mayor and City Council February 5, 2008 DISCUSSION The final construction cost of the Longden Backstop is $61,760.00. There were no contract change orders issued. The project was completed to the satisfaction of Little League president before the start of the new season. The work performed under this contract included the following: • Removal and replacement of the existing backstop, . Removal and replacement of the adjacent chain link fences along the first and third base lines up to the dugouts, • Demolition of the scoring booth structure, • Construction of concrete footings to support the new backstop and concrete slab to level the area where the scoring booth was located, and . Re-routing of the existing infield irrigation system and electrical conduits. The terms and conditions of this contract have been complied with and the work has been performed to staff's satisfaction. Staff recommends that the City Council accept all work performed by D& J Foothill Electrical Contractors, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to retention of $6,176. ENVIRONMENTAL IMPACT This project involves the replacement of baseball backstop and therefore it is categorically exempt per 15302 (c) of the California Environmental Quality Act. FISCAL IMPACT At the September 4, 2007 City Council meeting, City Council has allocated $70,000 for the replacement of Longden Avenue Baseball Backstop to cover the cost of construction, inspection, project administration, and contingencies. The balance of this amount will be returned to the General Fund Reserve. RECOMMENDATION 1. Accept all work performed by D& J Foothill Electrical Contractors, Inc. for replacement of the Longden Avenue Park Baseball Backstop. 2. Authorize final payment to be made in accordance with the contract documents, subject to retention of $6,176. Approved by: --t7°'"' ~~~-~ PM: LT:TL Don Penman, City Manager ! ~..o..:. c~mmua~ryotN°R~' STAFF REPORT Public Works Services Department DATE: February 5, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager/Public Works Services Dire or , Prepared by: Tom Tait, Deputy Public Works Services Director Dave McVey, General Senrices Superintendent SUBJECT: SUMMARY Staff is recommending that the City Council award a purchase order contract to Pasadena Ford for one (1) 2008 pick up truck with utility body for the Public Works Services Department in the amount of $30,950. Funds in the amount of $38,000 are budgeted for this acquisition in the 2007-08 Equipment Replacement Fund. DISCUSSION The 2007-08 Equipment Replacement Fund provides for the replacement of one (1) vehicle for the Public Works Services Department. This vehicle is used in daily activities for the Water Production Section. The new vehicle will replace one (1) 1997 Chevrolet truck with utility body. The 1997 Chevrolet truck meets the mileage, age and/or maintenance requirements of the City's vehicle replacement policy and has been included in the 2007/08 Equipment Acquisition Program. Pasadena Ford has agreed to recognize a 2006 City of Arcadia purchase order that included the purchase of three (3) three-quarter ton pick up trucks with utility bodies. Pasadena Ford will recognize the same per unit price for one (1) 2008 truck at the 2006 selling price. The City benefits by receiving a brand new 200$ model vehicle for the price of the 2007 models. Staff has determined that Pasadena Ford Sales is a qualified company and the vehicle being provided meets City specifications. Page 1 of 2 Recommendation: Approve Mayor and City Council February 5, 2008 FISCAL IMPACT Funds in the amount of $38,000 have been budgeted in the 2007-08 Equipment Replacement Fund for the purchase of this vehicle. RECOMMENDATION 1. Approve the purchase of one (1) 2008 Ford pick up truck with utility in the amount of $30,950 from Pasadena Ford 2. Waive the formal bidding process and authorize a cooperative purchase with Pasadena Ford using the 2006 City of Arcadia purchase order unit prices. Approved:,- ~ry, ~~.~v~-,-,-e,,,_J Don Penman, Cify Manager PM:TT:DM Page 2 of 2 ~ .,_: ~ ~ STAFF REPORT Development Services Department DATE: February 5, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director~ Philip A. Wray, City Engineer/Engineering Services Administrator G~~~ Tom Tait, Deputy Public Works Services Director SUBJECT: Recommendation: Approve SUMMARY On May 1, 2007, the City Council approved the Architectural Design Review for the Expansion of the WesYField Santa Anita Mall - Phase 1 B. As a condition of the approval, Westfield Corporation was required to take ownership of an existing 12-inch diameter water main that traverses the mall property and is cu~rently owned and operated by the City. The transfer of ownership will make Westfield Corporation responsible for the future maintenance and operations of the water line and appurtenances as well as relieve the City of individual tenant metering. All necessary review of past easements has been completed and a quitclaim deed has been prepared to transfer the City's interest in the water line and easement to WestField Corporation. Staff recommends that the City Council authorize the City Manager to sign the Quitclaim Deed to transfer the water line easement and all interest in the water line on the mail property to Westfield Corporation. DISCUSSION In 1978 when the initial mall was constructed, the developer installed a water line circling the mall on the mall property. At the time of the water line installation, the mall owner granted an easement to the City for the maintenance and operation of the water line. The water line provided services to all tenant spaces with individual service lines and water meters branching off the main line. The City has maintained the water line up to the individual meters since the initial installation and reads and prepares bi-monthly water bills for the individual accounts. Staff Report Accept Quitclaim Deed February 5, 2008 Page 2 With this latest proposal to expand the mall, the City has taken the opportunity to request WestField Corporation to take over the ownership and operation of the water line on mall property. The City agreed to install two (2) master water meters at different locations on the City's water main in the public right-of-way adjacent to mall property that will serve all water uses. The requirement was made as a condition of approval of the latest Architectural Design Review approved by the City Council on May 1, 2007. This action will relieve the City of the operations and maintenance responsibility of the water line on the mall property. This action will also relieve the City of any further meter reading and individual account management of the mall tenants. The City has installed new meters at tfie points of connection from the City's water line to the on-site water line located on Baldwin Avenue, south of Gate 8, and Huntington Drive, east of Baldwin Ave. Future water consumption on the mail property will be billed as one account. The City has prepared a quitclaim deed to transfer the easement and all interest in the water line to the Westfield Corporation. This requirement is a prerequisite for the issuance of a building permit for the parking structure. FISCAL IMPACT The installation of the two (2) master water meters is budgeted in the 2007-08 CIP budget. There is no cost to the City for this action. The City will recognize some maintenance cost`savings due to the removal of this water line segment from the City's water system. The City will also recognize a cost saving-from a reduction in meter reading from all the individual meters on-site to two meters at the property line. That the City Council authorize the City Manager to execute the Quitclaim Deed for Water Line Easements and Facilities at Wes~eld Santa Anita Fashion Park LP. Approved: ~m~~'~~_ Donald Penman, City Manager J K: PAW:pa RECORDING REQUESTED BY and WHEN RECORDED MAIL TO: SANTA ANTTA FASHION PARK, L.P. cto Westfield America Limited Partnership 11601 Wilshire Boulevazd Los Angeles, CA 90025 Attn: General Manager APN(s) 5775-031-015, 025, 032, 034, 035, 036, No Consideration-No Documentary Transfer Tax 037 and 038 QUITCLAIM DEED (Water Line Easements and Facilities) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CITY OF ARCADIA, a Municipal Corporation, ("Grantor") does hereby remise, release and forever quitclaim to SA11~TA ANITA FASHION PARK, LP, a Delaware limited partnership, formerly known as SANTA ANTTA FASHION PARK, LLC, a Delaware limited liability company all Grantor's rights, title and interest in and to easements for water line purposes ("Water Line Easements") in, on, upon, over and across that certain real property located in the City of Arcadia, County of Los Angeles, State of California more fully described in EXHIBIT A attached hereto and incorporated herein by reference ("Property"), together with all water lines and related facilities and appurtenances, including, without limitation, a 12-inch water main (collectively, "Facilities") located within the Property. The rights, title and interest in and to the Water Line Easements and Facilities quitclaimed herein include, without limitation, the easement and rights and privileges related thereto conveyed to Grantor by that certain Corporation Easement Deed dated October 21, 1977 and recorded January 18, 1978, as Insttument Number 78-70892 in Official Records of Los Angeles County, California and all Facilities related thereto located witbin the Property. Dated: CITY OF ARCADIA, a Municipal Corporation By: Donald Penman City Manager R V P U B\DG! LS ON5741575.3 EXHIBIT A TO. QUITCLAIM DEED (Water Line Easements and Facilities) Legal Description of Property PARCEL A: PARCELS 1, 2, 3 AND 4 OF PARCEL MAP NO. 23862, IN THE CITY OF ARCADIA, COL7NTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 261 PAGES 91 TO 95 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: PARCELS 2 AND 3 OF PARCEL MAP NO. 6374, IN THE CITY OF ARCADIA, COLJNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 89 PAGES 76 AND 77 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THAT PORTION OF SAID PARCEL 2 DESCRIBED IN DEEDS TO THE CITY OF ARCADIA, RECORDED APRIL 26, 1993 AS INSTRUMENT NOS. 93-768461 THROUGH 93-768465. PARCEL C: PARCEL 4 OF PARCEL MAP NO. 4626, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 51 PAGE 50 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXHIBIT A RVPIIB\DGILSON V41575.3 ANU~15~1~~) ~ ~ STAFF REPQRT Development Services Department DATE: February 5, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director J~~ ~ Philip A. Wray, City Engineer/Engineering Services Administrator~~ Prepared by.• Tim Ke!leher, Senior Engineering Assistant SUBJECT: Acceptance - Street Rehabilitation of Duarte Road Proiect Recommendation: Accept all work performed by All American Asphalt for the construction of the Street Rehabilitation of Duarte Road Project as complete and authorize the final payment to be made in accordance with the contract documents SUMMARY On October 2, 2007, the City Council awarded a contract to All American Asphalt in the amount of $997,200 for street rehabilitation of Duarte Road. There were a total of two (2) change orders decreasing the total contract by $10,236.85. The terms and conditions of this project have been complied with and the required work has been performed to staff's satisfaction for a final cost of $986,963.15. Staff is recommending that the City Council accept the project as complete and authorize the finai payment in accordance with the approved contract documents. BACKGROUND Roadway analysis conducted as part of the City's pavement management program prioritized Duarte Road to be rehabilitated. A budget of $1,620,000 consisting of $1,435,000 Federal Funds and $185,000 Proposition C Funds for rehabilitation of the street was approved in the 2007-08 Capital Improvement Program. Staff prepared plans and specifications and advertised the project for bids in August 2007. Bids were opened on August 30, 2007. There were 11 bidders with All American Asphalt being the low bidder. On October 2, 2007, the City Council awarded the contract to All American Asphait in the amount of $997,200. Mayor and City Council Staff Report February 5, 2008 Page 2 DISCUSSION The rehabilitation of Duarte Road involved the typical aspects of construction normally associated with these types of projects. This project included curb, gutter, sidewalk, driveway approach and handicap access improvements as well as grinding and asphalt pavement overlay. Construction began November 2007 and was substantially complete mid December 2007. The distinguishing feature of this particular project is that the majority of the funding is from the Federal Highway Administration (FHWA). The City of Arcadia receives an annual allocation of federal funds from the Surface Transportation Program-Local (STP-L). Projects are approved and STP-L funds distributed by the MTA. Federally funded projects are subject to more stringent standards than typical projects, and therefore, require a higher degree of oversight. To this end, staff hired Willdan Associates to perform compliance measures, inspections and materials testing during the construction phase. The final construction cost was one percent (1%) less than the original contract and the contractor successfully fulfilled the requirements of the plans and specifications. There were two change orders on the project. One change order was for extra work discovered during construction. This change order was to remove an existing footing uncovered while constructing a curb ramp. The total cost for the extra work was $522.70, and is included in the final construction cost. The second change order was to adjust the bid quantities to the final measured quantities. FISCAL IMPACT Surface `Transportation Program-Local (STP-L) and Proposition °C° Funds in the amount of $1,620,000 were appropriated for this project in the 2007-08 CIP. The original contract amount was $997,200. With adjusted quantities, the final construction cost for this project is $986,963.15. Additional costs were incurred for engineering, inspection, contract administration and materials testing in the amount of $106,554.50 bringing the total project cost to $1,093,517.65. Funds are available to cover all costs. RECOMMENDATION That the City Council accepts all work performed by All American Asphalt for the Street Rehabilitation of Duarte Road Project as complete and authorizes the final payment to be made in accordance with the contract documents. Approved: "~~C-O ~~~.~-~ Donald Penman, City Manager JK:PAW:TOK:pa 'l/ AYUn 3~~19~] ~ ~ STAFF REP4RT Development Services Department DATE: February 5, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director JG.k Philip A. Wray, City Engineer'~.9 Prepared by: Ramiro Gonzalez, Assistant Engineer SUBJECT: Acceotance - Traffic Sianal Modification at First Avenue and Colorado Boulevard Recommendation: Accept all work perFormed by Freeway Electric for the Traffic Signal Modification at First Avenue and Colorado Boulevard as complete and authorize the final payment to be made in accordance with the contract documents SUMMARY On July 17, 2007, the City Council awarded a contract to Freeway Electric in the amount of $102,274 for the Modification of the Traffic Signal at First Avenue and Colorado Boulevard. At that time the project cost exceeded the original budget of $100,000. The Redevelopment Agency Board appropriated an additional $25,000 from Redevelopment Agency funds to cover the additional cost. There was one (1) change order in the amount of $9,150, which increased the contract amount to $111,424. The terms and conditions of this project have been completed and the required work has been performed to staff's satisfaction for a final cost of $111,424. Staff is recommending that the City Council accept the project as complete and authorize the final payment in accordance with the approved contract documents. BACKGROUND This project is part of an ongoing program to upgrade and improve City traffic signals to improve traffic safety, reduce maintenance costs and improve aesthetics. In the 2002-2003 fiscal year, stafF undertook an inventory of all traffic signals to identify poles and mast arms needing replacement. Several intersections were found to be equipped with old poles and mast arms, most with old brace supports that have reached Staff Report Acceptance - Tra~c Signal First & Colorado February 5, 2008 Page 2 their useful life. Somelof the mast arms will not support additional features such as traffic signs and street name signs. Staff developed a list of locations for a replacement program. The First Avenue and Colorado Boulevard intersection traffic signal was in need of new signal poles and mast arms per the replacement program. The signal was also in need of new handicap access ramps, a new controller and cabinet, a new electrical service panel and cabinet, new pedestrian push buttons, and new street name signs. DISCUSSION The original signal poles were 40 to 50 years old. The integrity of the mast arms would have been compromised if street name signs or others were installed. The project replaced all the poles and mast arms. The original traffic signal controller and cabinet were obsolete and were in need of replacement. The City has been working with the County on a traffic signal controller replacement program. The controller at this intersection was not included in the County's replacement program and was one of the few still in need of replacement. The existing Edison electrical service was attached directly to an SCE power pole and was removed and instalied in a standard service cabinet The Americans with Disabilities Act (ADA) standards have recently been updated inciuding the requirements for curb ramps to have detectable warning surFaces. This project reconstructed the curb ramps per the latest ADA standards. This improvement was not originally estimated as part of the traffic signal modification, but was determined to be necessary to make the traffic signal fully compliant with the latest standards. Part of the change order costs involved the relocation of three (3) pull boxes, which were in conflict with the construction of the new curb ramps. The remaining costs of the change order involved the removal of the Fire Truck Crossing flashing mast arm signs on First Avenue and Genoa Street. It was determined that the signals were not needed and that standard highway signs and pavement markings were suitable replacements. FISCAL IMPACT Redevelopment Funds were budgeted in the 2006-2007 Capital Improvement Program in the amount of $100,000 for the Traffic Signal Modification at First Avenue and Colorado Boulevard. The project cost exceeded the available budget; therefore, the City Council approved an additional appropriation of $25,000 from Redevelopment funds to cover the additional cost. The total funding was sufficient to cover the cost of construction, inspections, administration and contingencies. ~ ~. Staff Report Acceptance - Traffic Signal First & Colorado February 5, 2008 Page 3 RECOMMENDATION That the City Council accepts all work performed by Freeway Electric for the Traffic Signal Modification at First Avenue and Colorado Boulevard as complete and authorizes the final payment to be made in accordance with the contract documents. Approved By: ~a-r.a-~ ~,~,v,,,,.~ ~ Donald Penman, City Manager JK:PAW:RSG:pa .. r ~ / DATE: February 5, 2008 STAFF REPORT Development Services Department TO: Mayor and City Council FROM: Jason Kruckeberg, Acting Development Services Director~~ By: Mary Cynar, Economic Development Administratod~~ SUBJECT: Authorize the Citv Manaaer to execute Amendment No. 1 to the Professional Recommended Action: Approve SUMMARY This is to request City Council approval for the City Manager to execute an amendment to the Professional Services Agreement (PSA) with Construction Control Group, Inc. (CCG) for construction support services on the Fire Station No. 105 construction project. As requested by the City, CCG will be available to advise on project completion and claims resolution. The amendment will provide $20,000 for further consultant services and extend the term of the agreement to July 31, 2008. DISCUSSION The Amendment to the PSA with CCG will provide continued oversight on the progress and outstanding issues associated with construction of the project. As requested by the City, CCG's consultant services will include: o Project Schedule Review o Change Order Review o Claim Analysis o Errors & Omissions Analysis o Other Related Services It is anticipated that the PSA will be extended through project completion and closeout or settlement of any claims. CCG would be an integral party in advising the City in such matters. The level and specificity of assistance will be further defined by the City and CCG as the project proceeds to completion. The $20,000 proposed amendment allows the City to use over 70 hours of time by CCG's principal program manager (Lisa Sachs) to consult on issues related to the project. Mayor and City Council February 5, 2008 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with authorizing the amendment to the agreement with CCG. FISCAL IMPACT The original $14,500 PSA was approved, under the signature authority of the City Manager, to primarily consult on schedule delays and other related matters. This amendment will add an additional $20,000 to the agreement for a new total not-to-exceed amount of $34,500. Funds are available in the $355,0~0 project contingency funds set-aside at the start of the project for unanticipated services and activities. RECOMMENDATION Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement with Construction Controls Group, Inc. for the Fire Station No. 105 Project for an additional $20,000. Approved: ~~) ~c.vwrs--_ Donald Penman, City Manager. ~ - :~rvm; ~ o~~Lnlryotµ°~`+ STAFF REPORT Development Services Department February 5, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Acting Development Services Director ~K SUBJECT: Authorize The Citv Manaqer/Executive Director to enter into a contract with Hoqle Ireland. Inc. for Planninq and Consultina services Recommendation: Authorize SUMMARY The Development Services Department is recommending the City Council authorize the City Manager to execute a contract with Hogle-Ireland, Inc. for planning and consulting services to update the City's General Plan. The City's General Plan is long overdue for a comprehensive review and update and is in need of community input to insure that the Plan is reflective of the community's long-term goals. Under the direction of Development Services Department staff, Hogle-Ireland, Inc. will lead a team of consultants in the development of the General Plan update, including experts in transportation and traffic, housing, economic development, environmental protection, and community outreach. DISCUSSION - The City of Arcadia last completed a comprehensive update of its General Plan in 1996. Subsequent to that, the City's Housing Element was revised in 2001. The California Government Code states that local governments must review and revise their general plans as often as they deem necessary or appropriate with the exception of Housing Elements, which are required to be revised every five years. Additionally, the Governor's Office of Planning and Research (OPR) is required to notify cities and counties with General Plans that have not been revised in eight (8) years or more. Because the City has not updated its General Plan in twelve (12) years, an update is necessary to not oniy meet State requirements but to keep pace with development patterns and to insure that community goals are being met. The overail goal of the 1996 General Plan was to establish a management plan for a stable, mature community. The Arcadia General Plan is the blueprint for how the City grows and develops over time. In addition, the General Plan establishes goals and policies to preserve quality of life within the City. Typically, General Plans include seven mandatory "elements" which guide policy and provide these goals and objectives. These elements are: Land Use, Circulation (Transportation and Traffic), Housing, Conservation, Open Space, Safety, and Noise. While the City's General Plan is not currently organized around the seven mandatory elements, each of these elements is included in the document. Additionally, much of the 1996 update focused on the use projected at the Santa Anita Racetrack property. Language was added to the General Plan to direct that wFiatever use was p~oposed on this important site would be complementary with the Racetrack and other surrounding uses. Clearly, through the recent review of the Shops at Santa Anita project, the language of the General Plan in this area was of tremendous importance. The overarching principles and objectives within the General Plan, which remain relevant today, include: • Defining and preserving the specific attributes which comprise Arcadia's identity as a Community of Homes and which contribute to the high quality of life of its residents. • Accommodating a diversity of residential housing types, employment opportunities, and commercial, recreation, educational, civic, and cultural activities that provide for the physical and social weil being of existing and future residents. • Ensuring a municipal revenue stream which furnishes the City with the long- term ability to continue providing a high level of services to its residents and businesses by promoting land uses which complement existing uses and which generate greater municipal revenue to expend on the added cost of City service needed to support them. While these overall values and goals remain valid, the City faces new challenges and changing conditions in the region. The most important aspect of reviewing the City's overall goals and growth direction is to ensure that the General Plan is accurately representing Arcadia residents while also addressing critical regional issues and needs. Several of the important and timely issues that the General Plan will add~ess include: • Finding a niche for powntown Arcadia, one that does not compete with regional commercial uses and creates real opportuni{ies for local business owners, and that supports businesses that provide services and goods desired by local residents. Arcadla General Plan Update Contract February 5, zooa Page 2 • Preserving the integrity of long and well-established residential neighborhoods • Steadily increasing traffic volumes along the City's major arterials and ensuring that such traffic does not impact residential use. • Regional pressures for affordable housing and other housing.types that are appropriate for a broader range of households, including young families, extended families, etc. • Defining a complementary mix of uses for properties around the Gold line light rail station and creating conditions that will allow such uses to succeed. • Loss of small but critical industrial uses. • Revitalizing business areas and corridors such as Live Oak Avenue. To address these important issues, and to assist in the development of the General Plan, the City solicited proposals from qualified planning and land use firms and conducted interviews with three excellent teams. Hogle-Ireland, Inc. was selected as the best qualified and most innovative of the teams interviewed. Hogle- Ireland will serve as the prime consultant on the project and will also sub-contract with an impressive team including but not limited to Keyser-Marston Associates for economic development issues, The Mobility Group for Traffic and Circulation, Veronica Tam and Associates for Housing, and BonTerra Consulting for Environmental Review. The Scope of Services proposed by Hogle-Ireland and their Team closely meets the City's needs and provides a step-wise approach to create a General Plan that is reflective of the Community's goals. The proposal includes an extensive community outreach effort as well as a significant focus on land use, circulation, and housing. Each of the other mandatory elements will be updated and modernized as well. The project will include an economic analysis, coordination with the state on mandated housing issues, and an Environmental Impact Report that will review any impacts created by recommendations within the document. The schedule proposed by Hogle-Ireland is to complete the General Plan Update in 18 to 24 months. The schedule includes a number of community workshops, design meetings, and formation of a steering committee to guide the focus and development of the Plan. FISCAL IMPACT The City has budgeted a total of $800,000 in fiscal years 2007-08 and 2008-09 for the General Plan Update project. A total of $700,000 has been budgeted from the Arcadia General Plan Update Contrect February 5, 2008 Page 3 General Fund ($400,000 in FY 07-08 and $300,000 in FY 08-09) and $100,000 has been budgeted to come from the Arcadia Redevelopment Agency for work toward a Downtown Specific Plan that wouid be within the Redevelopment Area. The requested contract includes an additional appropriation of $43,130 from the Arcadia Redevelopment Agency to cover additional costs associated with Downtown redevelopment as part of the project. RECOMMENDATION It is recommended that the City Council: Authorize the City Manager to enter into a contract with Hogle Ireland, Inc. for Planning and Consulting Services associated with the City's General Plan Update Project in the amount of $843,130. Approved by: ~~ ~~~ Donald Penman, City Manager Attachment 1: Overview of General Plan Program and Proposed Schedule Attachment 2: Budget Breakdown Arcadia General Plan Update Contrect February 5, 2008 Page 4 Z Overview - Arcadia General Plan Program Program Purpose To craft a policy foundation document that will guide decision-making over the next 1 S to 20 years with respect to: • Land Use and Community Design • Economic Development • Housing • Circulation and Mobility • Parks and Other Open Spaces • Resource Conservation • Public Safety • Noise Issues Approach Recognize the City's strengths, and define how to sustain the successes (for example, the quality residential neighborhoods, a strong retail environment). Identify and focus on those areas of Arcadia and issues in the city that require investment and attention over the next 20 years (such as aging industrial districts, limited connectivity, Downtown planning and development issues, housing). Define strategies to further enhance the quality of life in the city. Engaging the Community Involve the resident and business communities in efforts to understand issues of concern, explore options and aiternatives, and identify preferred choices. Community engagement opportunities include: • Interviews with community stakeholders and interest groups • General Plan Advisory Committee, or GPAC (6 meetings) • A focused design charrette for greater powntown • Two community-wide workshops (first to review alternatives, second to review Draft General Plan) • Joint City Council/Planning Commission study sessions - open to the public - at key decision points • Information and updates on the City's website ATTACHMENTI Schedule Document Existrng Conditions ldentify lssues and ldeas Explore Alternatives Prepare Envi~onmental Documentation (E/R) Conduct Public Hearings Prepare Draft P~epare Final General Plan_ __ General Plan ATTACAMENT2 Master Budget A Arcadia General Plan DATE: February 5, 2008 TO: Mayor and City Counci! FROM: Don Penman, City Manager~ By: Linda Garcia, Com nications, Marketing and Special Projects Manager~/ SUBJECT: FEDERAL LEGISLATIVE ADVOCACY PRIORTIES FOR 2008 Recommendation: Approve SUMMARY The Ferguson Group has represented the City of Arcadia for more than a decade with regard to federal legislative matters and revenue opportunities. Their efforts have resulted in the receipf of millions of dollars to assist with various City projects. Every year around this time, the City Council reviews and approves projects for which The Ferguson Group will focus on in the coming legislative session. This report summarizes the areas staff is suggesting we work on in the coming year and asks that the City Council set the City's federal lobbying priorities for 2008. BACKGROUND The City of Arcadia uses The Ferguson Group to assist in obtaining federal funding for local projects that benefit the residents of Arcadia and in some cases the residents of the San Gabriel Vailey, including Arcadia. 7his assistance comes in the form of direct lobbying with federal legislators as well as helping City staff navigate the complicated worid of federal grant and appropriations procedural requirements. Since the beginning of our association with The Ferguson Group and our efforts to lobby the federal government for financial assistance, Arcadia has been successful in obtaining millions of dollars to assist with projects we would otherwise have difficulty completing. The majority of this money has been for a comprehensive water infrastructure improvement project with the City of Sierra Madre. Significant monies have also been received for trafFic and road improvement projects and law enforcement equipment. A smaller amount was obtained for the Ruth and Charles Gilb Arcadia Historical Museum. Office of the City Manager Mayor and City Council - 2008 Federal Legislative Priorities February 5, 2008 Page 2 While Arcadia has had excellent results with our federal lobbying program, it should be noted that the availability of funds and the priorities of the federal government vary from year to year, as does the willingness of legislators to provide money to local jurisdictions. At this time, the Washington, DC "climate" is not particularly positive when it comes to appropriations and earmarks; however, there are some areas in which The Ferguson Group believes we could be successful. In addition to seeking funding for projects taking place now or in the near future, it is also important to lay the groundwork with legislators for funding requests we may have in the future. The fact that we have been successful in receiving federal funds is notable since Arcadia's ability to qualify for this money can sometimes be hampered by the fact that we are an "upscale" community in terms of the income level of our residents and by the fact that as a city we are in very good financial condition. DISCUSSION Staff recently met with Trent Lehman of The Ferguson Group and discussed several projects and alternatives for approaching the City of Arcadia's funding requests this year so that they wiil best meet federai criteria and be favorably received with respect to the current environment in Washington, D.C. On the advice of Mr. Lehman, staff is suggesting that we carry on the approach of concentrating on the highest priority projects that fall within the general guidelines and areas where there is the most discretion in terms of appropriations. Accordingly, staff is recommending that the City's first priority when it comes to pursuing federal funding is to continue with the water infrastructure improvements that began over a decade ago. Seyond that, if and when an opportunity arises, staff is seeking Council approval to pursue federal funding for certain public safety and law enforcement projects and equipment. Water Proiects The Joint Water Infrastructure Project of Arcadia and Sierra Madre encompasses the design, creation of plans and specifications, and construction of water system facilities that will safeguard the quality and reliability of the drinking water supply for Arcadia and Sierra Madre in the event of a major seismic event in the region. These facilities increase the yield of the basins and provide additional suppiy capability. The current grant request (not the actual project cost) is $1,250,000. The second water project is designed to assure water supply reliability and protect and enhance water quality in our domestic wells. Since last year's report to the Council, the cities of Arcadia and Sierra Madre received authorization to (potentially) receive $20 million through the Water Resources Development Act Grant Program (WRDA). Staff is currently seeking an appropriation of $1,000,000 from WRDA for the Arcadia/Sierra Madre Phase 1 Water Environmental Infrastructure Restoration Program. The project includes the planning, design, and construction of water infrastructure projects associated with the implementation and recommendations contained in the East Raymond Basin Water Resources Plan that was completed in 2006. ~ Mayor and City Council - 2008 Federal Legislative Priorities February 5, 2008 Page 3 The second tier of projects that would fall within our legislative advocacy efforts include: Joint Fire Suppression/Emerpencv Preparedness Traininq Facilitv $1,250,000 for construction and site improvement; this cost does not include any land acquisition that may or may not be necessary There is a limited amount of space within the City of Arcadia for training Fire Department personnel without disrupting private property owners and/or the public. In the past, the City has utilized various private and public properties for training purposes including Santa Anita Park and Westfield Santa Anita. However, these facilities have become unsuitable for certain types of training due to the lack of adequate available space and federal and State requirements that prohibit runoff water from the training to enter the storm drain system. To address this problem, staff is proposing the construction of a Joint Training Facility that would be used by the City of Arcadia, the United States Forest Service and public safety departments of surroundi~g jurisdictions. The proposed site is the Forest 5ervice property located at 701 North Santa Anita. The facility would be large enough to conduct Fire Department training such as hose lays, large water flow master streams, ground ladder deployment, defensive driving, search and rescue, confined space rescue, trench rescue and high/low angle rope rescue. A primary element of the facility would be a 40' tall steel training tower with an enclosed stainvell, exterior balconies, accessible rooftops, water standpipe and sprinkler systems, a smoke generating system, anchor points for repelling and a burn room for live fire training. A classroom (that could also be used as a community room) holding up to 60 students would be incorporated into the facility. If constructed, the facility would be made available to Arcadia departments as well as surrounding jurisdictions in support of our mutual goal of maintaining well-trained firefighters, police officers and pubiic works employees who are prepared to respond to emergencies. The regional nature of the facility is useful in terms of our ability to obtain federal funding Tactical Loqistics Vehicle $315,000 The City's current tactical logistics vehicle was originally a prisoner transport van purchased in 1985. In 1996 the vehicle was improved to accommodate tactical weapons and equipment and was converted to a tactical logistics vehicle. The vehicle is now 22 years old and in need of reptacement. Arcadia is part of a regional tactical team and any logistics vehicle that we acquire would be used on a regional basis. e Mayor and City Council - 2008 Federal Legislative Priorities February 5, 2008 Page 4 License Plate Readers $60,000 for two cars A license plate reader is an in-car infrared equipped camera system that automatically reads license plates on vehicles from California and other states and compares those plates against the State Department of Justice database for stolen vehicles and wanted persons. The camera system is set up to read license plates from various angles in relation to the police unit and automatically alerts the Officer when a hit is found. This is done in "real-time" and allows the Officer the ability to stop the wanted vehicle and make an arrest. The system also has GPS capabilities and can track thousands of vehicles and their movements over time, which aflows for tracking of criminals and can place suspect vehicles at crime scenes after the fact if they were passed by a police unik Computer Based Parkinq Ticket Devices $40,000-$50,000 These hand-held devices enable Parking Control Officers to efficiently produce citations to violato~s. The software can also be configured with "Bluetooth" technology to connect to the Police DepartmenYs CAD system, which accesses the DMV database. From there it can be determined if other warrants exist for the vehicle or someone associated with the vehicle, and it also allows for an automatic download of data to the City Hall parking citation- computer thereby reducing manual workload for both Parking Control Officers and administrative staff. Having the ability to access State databases while issuing the citation can result in the discovery of serious offenders. Police In-Car Video $100,000 Commonly used throughout the country and often featured in national television shows that depict pursuits, the in-car video camera is a tool of evidence collection and risk management. The video records the activity as seen looking out the front windshield of a police unit and also has audio recording capabilities. The device reduces instances of citizen complaints against Officers once the citizen is able to see their conduct and hear their statements at the scene. Police management can review an Officer's conduct as well. Evidence on video such as pursuits, O~cer involved shootings, use of force, traffic stops and other contacts are memorialized and can be presented in court or used for other legal reasons. ` Suspect statements made contemporaneously may also be captured when the Officer makes contact and can potentially be used in court. For the Council's reference, the priority for the four Police Department items mentioned above is 1) the tactical logistics vehicle; 2) the license plate readers; 3) the computer based parking ticket devices; and 4) the in-car video camera. : Mayor and City Council - 2008 Federal Legislative Priorities February 5, 2008 Page 5 Should an opportunity arise to receive funding for all or part of any of these projects, staff wili work wifh The Ferguson Group to obtain the money, keeping in mind that in the event Arcadia must provide matching funds that such be incorporated into the City budget process. Staff is not suggesting submitting any transportation projects at this time as we currently have a number of projects underway in this area. We expect to begin lobbying on transportation/road projects again in the 2009-2010 cycle. FISCAL IMPACT The purpose of this repoR is to ask the City Council to set the priorities for our legislative efforts in the coming year. While there is a cost associated with the retention of The Ferguson Group and with executing the projects mentioned in this report, there is no fisca) impact at this time. RECOMMENDATION Staff recommends that the City Council authorize staff to direct The Ferguson Group to work on behalf of the City of Arcadia to seek funding for the projects referenced in this report, with primary focus on the water system improvements; and further, authorize staff to submit any documents or application forms for federal funding that may be needed for each project. ,; ., /~~ ",-_, ~ ' ) ` "; .: ~~ ~~ ~p M Y of F1nC' `~\\ yy STAFF REPC~RT Administrative Services Department DATE: February 5, 2008 TO: Mayor and City Council FROM: Michael A. Casalou, Human Resources Administrator ~}'~'~-- SUBJECT: Ciassification specifications and compensation levels for Assistant Citv Manaqer/Public Works Services Director Development Services Director Deputv Develoqment Services Director/Citv Engineer Communitv Development Administrator Transportation Services Manaqer Senior Planner, Buildinq Maintenance Technician and Street Lipht Technician Recommendation: Approve SUMMARY it is recommended the City Council approve classification specifications and compensation levels for Assistant City Manager/Public Works Services Director, Development Services Director, Deputy Development Services Director/City Engineer, Community Development Administrator, Transportation Services Manager, Senior Planner, Building Maintenance Technician and Street Light Technician. BACKGROUND With the recent promotion of the Assistant City Manager/Development Services Director to City Manager, revisions to various positions are recommended. The analysis was based on meetings with the Development Services Department and Human Resources staff, a review of job specifications, and interviews with incumbents as needed. The position classification analysis resulted in recommendations that involve a department re-organization, revisions to current job specifications, changes in titles and some changes to salary ranges. Additionally, during contract negotiations with the Arcadia Public Works Employees Association (APWEA), the City agreed to retain a classification and compensation consultant to review positions in the Building Maintenance series to determine if these positions are working within their class specifications and are being compared correctly in the labor market salary survey. As a result, staff is recommending a minor change to the class specification of the existing Building Maintenance Technician, and recommending approval of the new position of Street Light Technician. Page 1 of 4 All of the proposed class specifications were approved by the Human Resources Commission on January 24, 2008. DISCUSSION Assistant Citv Mana4er/Public Works Services Director The new City Manager has recommended the Public Works Services Director assume the duties of Assistant City Manager as well as retaining his current duties as Public Works Services Director. As a result, recommended revisions have been made to the existing job description. The proposed job descriptions now include language indicating the Assistant City Manager may serve as City Manager in the absence of the City Manager. Staff is recommending the salary range for this position remain the same as it was for the outgoing Assistant City Manager/Development Services Director at Range 98E ($10,543-$13,167), resulting in a 5% increase for the incumbent Public Works Services Director. City Charter Section 6D3 also requires that the City Manager appoint, subject to the approval of the City Council one of the officers of the City to serve as Manager Pro Tempore. As Assistant City Manager tfie Public Works Services Director is recommended to serve in this Charter required position. Development Services Director As mentioned above, the previous Development Services Director also served as the Assistant City Manage~. Since the Public Works._Ser.vices Director will now serve as the Assistant City Manager, the Development Seniices Director job description required modification removing the Assistant City Manager title and related duties. Staff is recommending the salary be set at Range 96E ($10,036-$12,533). The current Community Development Administrator will be appointed to this position. This will resu~t in a 5% reduction in the pay range. The City Manager is also recommending that the Development Services Director be provided a car allowance of $350 per month rather than continuing the practice of assigning a vehicie to the Director that was used for business as well as commuting to and from work. This will reduce the number of City vehicles in the fleet and that are allowed for commuting. There is aiso a minor cost savings of about $2,000 with this change. Deputv Development Services Director/Citv Enaineer Currently, the Engineering Services Administrator/City Engineer manages the Engineering Division of the Development Services Department. Added responsibilities proposed include managing Arcadia transit, light rail and other transportation related programs. As a result, a change in title and classification is being recommended along with a 5% increase in the salary range to Range 91M ($8,871-$11,077). The annual cost of this will be approximately $6,400 with 20% paid from Transportation funds and the balance from General Funds. Page2of4 Communitv Development Administrator With the change in the designation of the Assistant City Manager, this job description now clarifies that the Development Services Director, not the Assistant City Manager/Development Services Director, would direct this position. The salary for this position will remain unchanged. Transportation Services Manaqer This position is currently reporting to the Assistant City Manager/Development Services Director. .Staff is recommending this position report to the new Deputy Development - Services Director and change the title to Transportation Services Manager rather than Transportation Services Officer. The salary for this position wili remain unchanged. Senior Planner As part of the department reorganization, staff is recommending eliminating the position of Planning Services Manager and adding an additional Senior Planner. The current staffing level of one Planning Service Manager, one Senior Planner and one Associate Planner would be replaced with two Senior Planners and one Associate Planner. The Senior Planners would absorb some of the Planning Services Manager duties, with the balance being assumed by the Community Development Administrator. The Senior Planner specification has been updated to reflect more responsibility and a change in the person to whom this position reports, and staff is recommending a 7.5% salary range increase to Range 73 ($5,621-$7,020). The overall financial impact will be a savings of about $6,500 in salary and health premium benefits due to the elimination of the Planning Services Manager position. Buildinq Maintenance Technician A job audit was performed on this position and the only change to the class specification is to reflect the requirement of a Class "A" Drivers license. As this position is somewhat unique in the City's labor market, staff is recommending aligning the salary range to that of Equipment Operator at Range 53P ($3,426-$4,278) which results in a 5% increase or about $2,400 annually. Street Liqht Technician A job audit was performed on the Building Maintenance Technician positions and it was determined that one of the incumbents was spending most of his time perForming duties that did not match the job description. This new classification more accurately reflects the job duties needed by the city and currently performed by this individual. Staff is recommending the salary range be aligned to Building Maintenance Technician at Range 53P ($3,426- $4,278) which results in a 5% increase or $2,400 annually. Page 3 of 4 FISCAL IMPACT Sufficient funds are remaining in the 2007/08 budget for the recommended changes. On an annual basis the overall . impact on the General Fund will be an approximate $3,400 increase. The changes associated with the Assistant City Manager designation will be cost neutral as one position will increase by 5% and the other will decrease by 5% within the same two salary ranges. While the car allowance will result in an increase cost of $4,200, the Development Services Department annually allocates $6,240 for maintenance and fuel for the Director's vehicle so there would be a minor savings with the allowance. RECOMMENDATION That the City Council: 1. Approve classification specifications and compensation levels for Assistant City Manager/Public Works Services Director, Development Services Director, Deputy Development Services Director/City Engineer, Community Development Administrator, Transportation Services Manager, Senior Planner, Building Maintenance Technician and Street Light Technician. 2. Approve a car allowance of $350 for the Development Services Director in lieu of having a designated City vehicle that can be used for commuting purposes. 3. Confirm the`appointment of the Public Works Services Director as City Manager Manager Pro Tempore (Assistant City Manager) Approved: ,~9~Q ~~,-e.,.J Donald Penman, City Manager Page 4 oF 4 CITY OF ARCADIA ASSISTANT CITY MANAGER/PUBLIC WORKS SERVICES DIItECTOR Under general administrative direction, to plan, d'uect, manage, and oversee the activities and operations of the Public Works Services Department including streets, water, engineering, sanitation, facilities, and cont~act services; to coordinate assigned activities with other Ciry departrnents and outside agencies; and to provide highly responsible and complex administrative support to the Ciry Manager; to serve as Assistant Ciry Manager; and may serve as Ciry Manager in the absence of the Ciry Manager. SUPERVISION EXERCISED Exercises direct supervision over management, supervisory, professional, technical, and clerical staff. EXAMPLES OF Il~IPORTANT AND ESSENTIAL DUTIES Assume full management responsibiliry for all Public Works Services Department services and activities including streets, water, engineering, sanitation, facilities, and contract services. Manage the development and implementation of Public Works Services Department goals, objectives, policies, and priorities For each assigned service area; establish, within City policy, appropriate service and staffing levels; allocate resources accordingly. Continuously monitor and evaluate the efficiency and effectiveness of service delivery methods - and procedures~ assess-and-monitor~vork-load,-administrative and-support sy~ems, an internal reporting relationships; identify opportunities for improvement; direct the unplementation of changes. Represent the Public Works Services Department to other Ciry departments, elected officials and outside agencies; explain and interpret Public Works Services Departrnent programs, policies, and activities; negotiate and resolve sensitive, significant, and controversial issues. Select, train, motivate, and evaluate Public Works Services Depaztment personnel; provide or coordinate staff training; work with employees to conect deficiencies; implement discipline and termination procedures. Plan, direct, and coordinate the Public Works Services Department's work plan; meet with management staff to identify and resolve problems; assign projects and programmatic areas of responsibility; review and evaluate work methods and procedures. Manage and participate in the development and administration of the Public Works Services Department budget; direct the forecast of additional funds needed for staffing, equipment, materials, and supplies; d'uect the monitoring of and approve expenditures; direct the preparation of and 'unplement budgetary adjustments as necessary. Direct and coordinate the design of public utility systems, public works projects and facilities; oversee contract Ciry Engineer services in the approval of plans and specifications; oversee construction activities and related depaztment services. Coordinate the prepazation of the 5-yeaz capital improvement and equipment replacement budgets for all City departments and present to Ciry Council. Admuilster the refuse and recycling contract for residential refuse collection; monitor commercial hauling and ensure City compliance with AB939 requirements. Negotiate contract extensions, amendments, and related changes for cont~act services. Coordinate Public Works Services Department activities with those of other departments and outside agencies and organizations. Provide staff assistance to the Ciry Manager and City Council; prepaze and present staff reports and other necessary correspondence. Conduct a variety of organizational studies, investigations, and operational studies; recommend modifications to Public Works Services programs, policies, and procedures as appropriate. Participate on a variety of boazds and commissions; attend and participate in professional group meetings; stay abreast of new trends and innovations in the ffeld of public works. Respond to and resolve difficult and sensitive inquiries and complaints. OTI~R JOB RELATED DUTIFS Perform related duties and responsibilities as assigned. JOB RELATED AND ESSENTIAL OUALIFICATIONS Knowledge of: Operational characteristics, services, and activities of a comprehensive public works program. Organization and management practices as applied to the analysis and evaluation of programs, policies, and operational needs. Modern and complex principles and practices of program development and administra- tion. 2 ' Advanced principles and practices of municipa] budget preparation and administration. Principles of supervision, uauung, and performance evaluation. Pertinent Federal, State, and local laws, codes, and regulations. Safe driving principles and practices. Skill to: Operate modem office equipment including computer equipment. Operate a motor vehicle safely. Ability to: Provide administrative and professional leadership and direction for the Public Works Services Departrnent and all City Departrnents as directed by the City Manager. Develop, unplement, and administer goals, objectives, and procedures for providing effective and efficient public works services. Plan, organize, direct, and coordinate the work of management, supervisory, profession- al, technical, and clerical personnel; delegate authoriry and responsibility. Select, supervise, train, and evaluate staff. Identify and respond to community and City Council issues, concerns, and needs Analyze problems, identify alternative solutions, project consequences of proposed acrions, and implement recommendations in support of goals. Research, analyze, and evaluate new service delivery methods, procedures, and techniques. Prepaze and administer lazge and complex budgets; allocate limited resources in a cost effective manner. Prepare clear and concise administrative and fmancial reports. Interpret and appiy the policies, procedures, laws, codes, and regulations pertaining to assigned programs and functions. Communicate clearly and concisely, both orally and in writing. Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work. 3 Mutimum Oualifications: Experience: Seven years of responsible public works experience including five years of management and supervisory experience. Trainine• Equivalent to a Bachelor's degree from an accredited college or university with major course work in public administration or a related field. A Master's degree is desirable. License or CerHficate: Possession of, or ability to obtain, an appropriate, valid driver's license. S~ecial Requirements: Essential duties require the following physical skills and work environment: Abiliry to work in a standazd ofFice environment ability to travel to different sites and locations. Effective Date: February 2008 4 CITY OF ARCADIA BUILDING MAINTENANCE TECFINICIAN DEFIlVITION Under general supervision, to perform .a vaziety of semi-skilled and skilled work in the maintenance, repair, alteration and construction of City buIldings, facilities, street lighting, and fixtures including carpenhy, plumbing, roofmg, painting, mechanical, heating, air conditioning, and electrical trades work. SUPERVISION EXERCISED Exercises no supervision. EXAMPLFS OF IMPORTANT AND ESSENTIAL DUTIES Maintain and repair City facilities, equipment, street lighting, and buildings by performing a vaziety of skilled and semi-skilled carpentry, electrical, painting, plumbing, heating and air conditioning, and mechanical repair work. Install, adjust, repair and inspect heating, ventilation, and air conditioning equipment including forced air furnaces, boilers, water pumps, chillers, air conditioning units, exhaust fans, air filters, compressors, cooling towers, and heat exchangers. Repair and replace plumbing fixtures including sinks, toilets, faucets and pipes; cleaz obstructions from lines. Perform carpentry work including the construction, installation, remodeling and repairing of cabinets, partitions, walls, windows, doors, roofs, foundations, and other carpentry work. Pazticipate in remodeling of facilities including submitting cost estimates to supervisor and coordinating with outside contractors as authorized. Inspect building facilities and parks to identify building maintenance needs. Install, maintain and repair a variety of roof coverings and floor coverings such as carpeting, tile, linoleum and wood. Operate, maintain and repair a vaziety of inechanical tools and equipment such as power saws, power sanders, drilis, air compressors, paint sprayers, sewer augers, and various hand tools required for carpentry, plumbing, and maintenance work. Read and interpret sketches, diagrams and blueprints. Repair and maintain electrical lighting systems and fixtures. Monitor and maintain preventive maintenance records and logs. 07'HER JOB RELATED DUTIES Perform related duties and responsibilities as assigned. JOB RELATED AND ESSENTIAL QUALIFICATIONS Knowledge of: Methods, practices and equipment used in building maintenance and repair services and activities incluiiing a variety of building trades work. Occupational hazazds and standard safery practices necessazy in the maintenance and repair of buildings and building facilities Principles and procedures of record keeping. Basic theory of electricity. Basic theory and practice of heating, ventilation, and air conditioning systems. Policies, procedures and codes related to the maintenance and repair of buildings and building facilities. Preventive maintenance requirements. Safe driving principles and practices. Skill to: Use and operate hand tools, power tools, and mechanical equipment in a safe and efficient manner. Operate a motor vehicle safely. Abilitv to: Perform a full range of semi-skilled and skilled building maintenance and repair work. Identify building maintenance needs and take conective actions. Work independenfly in the absence oF supervision. 2 Repair and maintain a vaziety of inechanical equipment. Read and interpret sketches, drawings, diagrams and blueprints. Apply good judgment and practical knowledge to resolve unusual or irregular problems in the area of work assigned. Perform duties in a manner to maximize public safery in the azea of work assigned. Perform heary manual labor. Understand and follow oral and written instructions. Communicate cleazly and concisely, both orally and in writing. Establish, maintain and foster positive and harmonious working relationships with those contacted in the course of work. Minimum Oualifications• erience• Three years of experience in the full range of general maintenance or construction work. Trainina: Formal or infomial education or training which ensures the ability to read and write at a level necessary for successful job performance supplemented by additional specialized technical training in a building trade. License or CertfFicate: Possession of, or ability to obtain, an appropriate, valid class " A" driver's license. Special Requirements: Essential duties require the following physical skills and work environment: Ability to sit, stand, walk, lmeel, crouch, stoop, squat, crawl, twist, cl'unb, and lift 50 lbs.; exposure to cold, heat, noise, outdoors, vibradon, confining work space, chemicals, explosive materials, mechanical hazards, and electrical hazards; ability to travel to different sites and locations. Eft'ective Date: February 2008 CITY OF ARCADIA COMMiJ1VITY DEVELOPMENT ADMINISTRATOR Under administra6ve direction, to d'uect, manage, supervise, and coordinate Communiry Development programs and activities including planning, building, uansportation, business licenses and code enforcement; to coordinate assigned activities with other Ciry departments, divisions, and outside agencies; and to provide highly responsible and complex administrative support to the Development Services Director SUPERVISION EXERCISED Exercises direct supervision over supervisory, professional, technical, and clerical staff. EXAMPLES OF IMPORTANT AND ESSENTIAL DiJTIES Assume management responsibility for Communiry Development services and activities including planning, building, transportation, business licenses aud code enforcement. Manage and participate in the development and implementation of goals, objectives, policies, and priorities for assigned programs including planning, building, transportation, business licenses, and code enforcement; recommend, within Departmental policy, appropriate service and staffing levels; recommend and administer policies and procedures. Continuously monitor and evaluate ihe efficiency and effectiveness of service delivery methods and procedures; assess and monitor work load, administrative and support systems, and intemal reporting relationships; identify opportunities for improvement and review with the Development Services D'uector; d'uect the unplementation of improvements. Select, train, motivate, and evaluate assigned personnel; provide or coordinate staff training; _ work with employees to conect deficiencies; implement discipline and termination procedures. Plan, direct, coordinate, and review the work plan for Community Development services and activities; meet with staff to identify and resolve problems; assign work acrivities, projects, and programs; monitor work flow; review and evaluate work products, methods, and procedures. Manage and participate in the development and administradon of the Community Development program annual budget; direct the forecast of addirional funds needed for staffing, equipment, materials, and supplies; d'uect the monitoring of aod approve expenditures; direct and implement adjustments as necessary. Serve as a liaison for Communiry Development with other City departments, divisions, and outside agencies; negotiate and resolve significant and controversial issues. Provide responsible staff assistance to the Development Services D'uector; prepare and present staff reports and other necessary correspondence. Conduct a variery of organizational studies, investigations, and operational studies; recommend modifications to Community Development programs, policies, and procedures as appropriate. Ensure enforcement of applicable codes on all projects and applications. Review zoning, vaziance, conditional use permit, subdivision, design review and other sunilaz planniug related applications; assign to appropriate staff person. Assume respoasibiliry for the prepazation and 'unplementation of the General Plan and related updates. Review project related environmental issues; assist other departments in the review of environmental issues. Participate on a variety of boards and commissions; attend and participate in professional group meetings; stay abreast of new uends and innovations in the field of communiry development. Respond to and resolve difficult and sensitive inquiries and complaints. OTHER JOB RELATED DUTIES Perform related duties and responsibilities as assigned. JOB RELATED AND FSSENTIAL QUALIFICATIONS Knowledge of: Operational characteristics, services, and activities of a Community Development program. Organizational and management practices as applied to the analysis and evaluation of Community Development programs, policies, and operational needs. Modem and complex principles and practices of Community Development program development and administration. Advanced principles and practices of budget preparation and admn~istrauon. Principles of supervision, training, and performance evaluation. Pertinent Federal, State, and local laws, codes, and regulations including CEQA. Information sources and research techniques in urban planning, building codes, and code services. 2 Architectural design review concepts,site grading, and drainage. Safe driving principles and practices. Slflll to: Operate modern office equipment including computer equipment. Operate a motor velucle safely. Abilitv to• Provide administrative and professiona] leadership and direction for Communiry Development. Recommend and implement goals, objectives, and practices for providing effective and efficient Community Development services. Manage, direct, and coordinate the work of management, supervisory, professional, technical, and clerical personnel. Select, supervise, train, and evaluate staff. Identify and respond to community and Community Development issues, concems, and needs. Analyze problems, idendfy alternative solutions, project consequences of proposed actions, and implement recommendations in support of goals. Research, analyze, and evaluate new service delivery methods, procedures, and tecluuques. Prepaze and administer budgets. Prepaze cleaz and concise administradve and financial reports. Interpret and apply the policies, procedures, laws, codes, and regulatioas pertaining to assigned programs and functions. Communicate clearly and concisely, both orally and in writing. Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work. 3 Minimum Oualitications: Experience Six yeazs of responsible planning experience including four years of management and supervisory experience. Trainine• Equivalent to a Bachelor's degree from an accredited college or university with major course work in urban planning or a related field. A Master's degree is desirable. License or Certificate: Possession of, or ability to obtain, an appropriate, valid driver's license. Special Requirements: Essential duties require the following physical skills and work environment: Ability to work in a standard office environment; abiliry to travel to different sites and locations. Effective Date: February 2008 4 CITY OF ARCADIA DEVELOPMENT SERVICES DII2ECTOR DEFINITION Under general administrative direc6on, to plan, d'uect, manage, and oversee the activities and operations of the Development Services Department including planning, building, code enforcement, business licenses, engineering, transportation, redevelopment, and economic development; to coordinate assigned activities with other Ciry departments and outside agencies; to provide highly responsible aud complex administrative support to the City Manager. SUPERVISION EXERCISED Exercises direct supervision over management, supervisory, professional, technical, and clerical staff. EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES Assume full management responsibility for all Development Services Department activities including planning, building, code enforcement, business licenses, engineering, transportation, redevelopment, and economic development. Manage the development and implementation of Development Services Department goals, objectives, policies, and priorities for each assigned service azea; establish, within City policy, appropriate service and staffing levels; allocate resources accordingly. Continuously monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; assess and monitor work load, adminisuative and support systems, and internal reporting relationships; identify opportunities for unprovement; d'uect the implementation of changes. Represent the Development Services Department to other City departments, elected officials and outside agencies; explain and interpret Development Services Department programs, policies, and activities; negotiate and resolve sensitive, significant, and conoroversial issues. Select, train, motivate, and evaluate Development Services Depaztrnent personnel; provide or coordinate staff training; work with employees to conect deficiencies; nnplement discipline and termination procedures. Plan, direct, and coordinate the Development Services Depaztment's work plan; meet with management staff to identify and resolve problems; assign projects and programmaric azeas of responsibility; review and evaluate work methods and procedures. EXAMPLES OF Il1~PORTANT AND ESSENTIAL Di)'I'IES Manage and participate in the development and administration of the Development Services Department budget; direct the forecast of additional funds needed for staffing, equipment, materials, and supplies; d'uect the monitoring of and approve expenditures; d'uect the preparation of and 'unplement budgetary adjustments as necessary. Coordinate Development Services Depazunent activities with those of other departments and outside agencies and organizations. Provide staff assistance to the City Manager and City CouncIl; prepare and present staff reports and other necessary correspondence. Conduct a variety of organizational studies, investigations, and operational studies; recommend modifications to Development Services programs, policies, and procedures as appropriate. Make oral presentations to City Council and Redevelopment Agency Board. Initiate contacts with vuious companies and businesses to market the City of Arcadia and attract new business. Negotiate condidons and agreements with developers regarding vazious projects. Serve as chairperson for the Traffic Committee. Conduct site inspection and field visits of development projects and code and traffic related complaints. Participate on a variety of boards and commissions; attend and participate in professional group meetings; stay abreast of new trends and innovations in the field of plauning, building and code inspecrion, engineering, redevelopment and business development. Respond to and resolve difficult and sensitive inquiries and complaints. OTFIER JOB RELATED DUTIF.S Peiform related duties and responsibilities as assigned. JOB RELA1'ED AND ESSENTIAL OUALIFICATIONS Knowled~e of: Operational characteristics, services, and activities of a comprehensive Development Services program. Organizarion and management practices as applied to the analysis and evaluation of programs, policies, and operational needs. Modem and complex principles and practices of program development and administration. Advanced principles and practices of municipal budget prepazation and administration. Principles of supervision, training, and performance evaluation. Pertinent Federal, State, and local ]aws, codes, and regulations. Safe driving principles and practices. Skill to: Operate modem office equipment including computer equipment. Operate a motor vehicle safely. Abili to: Provide administrative and professional leadership and direction for the Development Services Department. Develop, implement, and administer goals, objectives, and procedures for providing effecrive and efficient Development Services. Plan, organize, direct, and coordinate the work of management, supervisory, professional, technical, and clerical personnel; delegate authoriry and responsibility. Select, supervise, train, and evaluate staff. Identify and respond to community and City Council issues, concerns, and needs. Analyze problems, identify altemative solutions, project consequences of proposed actions, and implement recommendations in support of goals. Research, analyze, and evaluate new service delivery methods, procedures, and techniques. Prepaze and administer lazge and complex budgets; allocate limited resources in a cost effective manner. Prepare clear and concise administrative and financial reports. Intetpret and apply the policies, procedures, laws, codes, and regulations pertaining to assigned programs and functions. Communicate clearly and concisely, both orally and in writing. Establish, maintain, and foster positive and hannonious working relationships with those contacted in the course of work. Minimum Oualifications: Earperience: Seven years of responsible planning and economic development experience including five yeazs of management and supervisory experience. Traininp: Equivalent to a Bachelor's degree from an accredited college or universiry with major course work in urban planning, engineering, or a related field. A Master's degree is desirable. License or Certificate: Possession of, or ability to obtain, an appropriate, valid driver's license. Special Reguirements: Essential duties require the following physical skills and work environment: Ability to work in a standard ofFice environment; ability to travel to different sites and locations. Effective Date: February 2008 CITY OF ARCADIA DEPUTY DIRECTOR OF DEVELOPMENT SERVICES/CITY ENGINEER Under general administrative direction, to plan, direct, manage and oversee activiries and services of the Engineering Division of the Development Services Deparhnent. The Deputy Director of Development Services/City Engineer provides technical review and approval of planning reports, design plans, specifications, contracts and construction engineering of the City's infrastructure assets; for programs and projects admnustered by the Engineering Division of the Development Services Department. Typical in&astruchue programs include: development engineering and review, traffic and transportation engineering, capital improvement program implementarion, master plamiing and assigned activities with other departments, divisions, consultants, contractors, engineers and outside agencies; and to provide highly responsible and complex administrative support to the Development Services Director. SUPERVISION EXERCISED Exercises direct supervision over management, supervisory, professional, technical and clerical staff. EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES Development Services Departmeut-Engineering Division Assisting in managing and participating in the development and implementation of goals, objectives, policies and priorities with d'uect management responsibility for the Engineering Division in the Development Services Department. Recommend in accordance with City policy, appropriate service and staffing levels; recommend and administer policies and procedures. Monitor and evaluate the efficiency and effectiveness of service delivery methods and procedures; assess and monitor workload, administrative and support systems, and intemal reporting relationships; identify opportunities for improvement and review with the Development Services Director. Responsible for the day to day administration of the Engineering Division's operational budget forecast funds needed for staffing, equipment, materials and supplies; approve budgeted expenditures; conduct monthly budget reviews of operational and capital improvement program budgets; direct the prepazation of annual operational and capital improvement budgets. Plan, direct, coordinate and review the work plan for the Engineering Division; meet with staff to identify and resolve problems; assign work activities, projects and programs; monitor work flow; review and evaluate work products, methods and procedwes. Responsible for the Division's Geographic Information System (GIS) program in collaboration with the City's GIS Operations Committee. Respond to and resolve difficult and sensitive citizen inquiries and complaints. May act upon request for the Development Services Director in his/her absence. Development Engineering Administer Subdivision Map Act requirements for development. Approves Tract and Pazcel Maps. Responsible for oversight of conditions of approval on development projects. Provides technical oversight for inspection of private unprovement projects in public right oF way. Capital Improvement Program Provides technical review and approvals for capital improvement projects under the direction of the Development Services Director and Public Works Service Director for each respective CIP program. Assist the Development Services Director in maximizing the use of outside funding sources such as federal, state, regional and sub-regional for capital programs under DSD responsibility. Provides technical review of the planning, design, construction and administration of assessment district proceedings. Oversees tUe planning, design and construction of cooperative projects undertaken with adjoining jurisdictions and other agencies such as Caltrans, LA County Department of Public Warks, MTA or others. Prepare and negotiates cooperative agreements with other jurisdictions and agencies for cooperative projects. TraFfic and Transportation Provides administrative and teckuucal direction to the City's contract Traffic Engineer relative to day-to-day traffic engineering operationa] issues. Directs the Division's efforts in working with the traffic engineer and the City's Transportation program including Arcadia Transit and light rail transport progranuning in the augmentation and implementation of transportation planning programs and issues.related to the Transportation Master Plan. Acts as the City's liaison in dealing with the Metropolitan Transportation Authority (MTA) and Caltrans on surface transportation issues related to the roadway system, freeway interchanges and other public transportation programs in the City. Technical Consultation Provides in-house professional engineering consultation to other divisions and departrnents of the City, including the Public Works Services Director, Development Services Director and to the City Manager and City Attomey offices as required. Prepare and present staff reports and other necessary correspondence. Conduct a variety of organizational studies, investigations and operational studies; recommend modifications to division programs, policies and procedures as appropriate. OTHER JOB RELATED DUTIES Perform related duties and responsibilities as assigned. JOB RELATED AND ESSENTIAL OUALIFICATIONS Knowledee of: Principles and practices of management, civil engineering and administration. Organizational and management practices as applied to the analysis and evaluation of engineering programs, policies and operational needs. Modem and complex principles of engineering program development and administration. Recent developments, cunent literature and sources of information regazding civil engineering and land surveying. Principles and practices of supervision, iraining and performance evaluation. Pertinent Federal, State and local laws, codes and regulations. Skill to: Operate modern computer equipment and utilize office based soRwaze applications. Operate a motor vehicle. Abilitv to: Act effectively as a member of an interdisciplinary team with the Development Services Department and with other Departments within the City. Manage, direct and coordinate the work of supervisory, professional and technical personnel. Select, supervise, train and evaluate staff. Provide admuustrative and professional leadership and direction to the Engineering Division. Recommend and implement goals, objectives, and practices for providing effective and efficient engineering services. Prepare and administer the division budget. Prepaze cleaz and concise adminislrative and financial reports. Analyze problems, identify altemative solutions, project consequences of proposed actions and implement recommendations in support of goals. Research, analyze, and evaluate new service delivery methods, procedures and techniques. Interpret and apply Federal, State and local policies, procedures, laws and regulations. Communicate clearly and concisely, both orally and in writing. Establish, maintain and foster positive'and harmonious working relationships with those contacted in the course of work. EXPERIENCE AND TRAINING GUIDELINES Exaerience: Six (6) yeazs of increasingly responsible professional civil engineering experience including two yeazs of supervisory and administrative responsibility. Trainine: Equivalent to a Bachelor's degree from an accredited college and university with major course work in civil engineering or closely related field. License or Certificate: Possession of an appropriate, valid Certificate of Registration as a Professional Civil Engineer issued by the Califomia State Boazd of Registration for Professional Engineers. A valid Certificate of registration as a Land Surveyor in Califomia is desirable if the candidate's Civil Engineering license is post 1982. Possession of or ability to obtain a valid drivers license. Special Requirements: Ability to work in a standard office environment; ability to travel to different sites and locations. Effective Date: February 2008 CITY OF ARCADIA SENIOR PLANNER Under general direction, to perform advanced level professional planning; to serve as a subject matter expert on environmental review, and urban design; to act as project manager on complex projects; and to provide highly technical assistance to the Community Development Administrator. SUPERVISION EXERCISED Exercises technical and functional supervision over Assistant and Associate Planners as well as pmfessional, technical, and administrative support staff. EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES Assist in the prepazation and administration of the City's General Plan and Zoning Ordinance. Organize, review and participate in completing urban planning assignments; personally perform the most complex and sensitive planning work in advance planning, current planning, or zoning. Perform reseazch and analysis of the most difficult planning problems; ]ay the ground work in developing and implementing new programs; coordinate the development of new programs with other govemmental agencies and public groups; represent the division in situations requiring a high level of public contact. Develop requests for proposals; manage consultant contracts associated with assigned planning and policy studies; develop work programs and methodologies; establish and maintain project schedules. Develop staff reports related to planning; present reports to the Planning Commission, other commissions, committees and boards as necessary; perform a variety of public relations and outreach work related to planning activities. Conduct a variety of organizational studies, investigations, and operational studies; recommend modifications to planning programs, policies, and procedures as appropriate. Review and analyze development plans for compliance with the general plan, zoning and other City regulations and policies; direct the review of use permits, subdivisions, rezoning requests, variances, and other land use entitlements. City ofArcadia Senior Planner (Continued) Page 2 of 4 Check plans for grading, slope, and other engineering plan check items. Reseazch and draft covenants, resolutions, and ordinances for review. Monitor and evaluate the effects and implications of regional planning a~id development issues on the City of Arcadia; coordinate with SCAG and the SGVCOG. Manage Assistant and Associate Planners and Plamung Interns in the execution of their duties, including public counter, customer service, and oversee staff reports for the Pluming Commission, City Council, and the Modificarion Committee Prepare and present complex staff reports for Planning Commission, City Council and the Modification Committee. Check commercial, indush-ial, and residential development plans for issuance of zone clearance; pmcess permit applications and calculate appropriate fees. Reseatch and draft ordinances for review by the Community Development Administrator and Planning Commission. Investigate complaints of zoning violations and recommend corrective action as necessary to resolve complaints concernnlg the City's planning function. Administer provisions of the Califomia Environmental Quality Act (CEQA), the National Environmental Protection Act (NEPA) and various offier environmental plam~ing activities. Confer with engineers, developers, architects, a variety of agencies, and the general public in acquiring information and coordinating planning and zoning matters; provide inforrrtation regarding City development requirements. Attend public hearings; advise the Planning Commission on planning acrivities; confer with City officials as well as the public on City planning acrivities. Participate on a variety of boazds and commissions; attend and participate in professional group meetings; stay abreast of new trends and innovations in the field of urban planning. Respond to and resolve difficult and sensitive citizen inquiries and complaints OTHER JOB RELATED DUTIES Perform related duties and responsibilities as assigned. City of Arcadia Senior Planner (Continued) Page 3 of 4 JOB RELATED AND ESSENTIAL OUALIFICATIONS KnowledEe of• Theory, principles and practices of advance planning, development review, and zoning. Site planning, grading/drainage and azchitectural desigi. Principles of lead supervision and training. Pertinent Federal, State, and ]ocal laws, codes and regulations including the Califomia Environmental Quality Act (CEQA) and the California Subdivision Map Act. Methods and tecluuques of effective technical report preparation and presentation. Quantitative and statistical analysis. Recent developments, cunent literature and sources of information related to urban planning and administration. Principles and practices of customer service. Safe driving principles and practices. Skill to: Operate modem office equipment including computer equipment. Operate a motor vehicle safely. Abili to: Organize and d'uect the collection and analysis of economic and statistical data basic to the interpretation of planning problems. Provide lead supervision and training to assigned staff. Present information to the Planning Commission, Modification Commission, the City Council, and the general public. City of Arcadia Senior Planner (Continued) Page 4 of 4 Analyze problems, identify altemative solutions, project consequences of proposed actions, and implement recommendations in support of goals. Analyze site design, terrain conshaints, circulation pazameters, land use compatibility, utilities, and other urban services. Ensure program compliance with Federal, State and local rules, laws and regulations. Communicate cleazly and concisely, both orally and in writing. Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work. Minimum Oualifications: Experience• Five yeazs of increasingly responsible professional urban planning experience including some lead supervisory experience. Trainine: Equivalent to a Bachelor's degree &om an accredited college or university with major course work in urban planning, geography, or a related field. License or Certificate: Possession of, or ability to obtain, an appropriate, valid driver's license. Saecial Repuirements: Essential duties require the following physical sldlls and work environment: Ability to work in a standazd office environment; ability to travel to different sites and locations. Effective Date: February 2008 CITY OF ARCADIA STREET LIGHT TECHIVICIAN DEFINITION Under direcdon, performs skilled electrical work in the installation, repair, and maintenance of City street and lot lights and traffic signal systems. Performs predictive, preventative, and corrective maintenance as assigned; performs a variety of semi-skilled and skilled work in the maintenance, repair, alteration and construction of City buildings and facilities; and to do other work as required. REPRESENTATIVE DUTIES Installs, maintains, inspecu, diagnoses malfunctions, and repairs Ciry street lights and traffic signal systems including traffic sensing mechanisms, traffic signal circuits, controllers, switches, relays, electronic controls, loop detection systems, and other electrical apparatus. Operates an aerial bucket truck and/or crane truck in the performance of a variety of electrical duties including repairing City street lights and uaffic signals by replacing bulbs, wiring, fuses, circuit breakers, ballasu, and signal head parts. Troubleshoots and repairs high voltage street light and electrical panels; updates street ]ight maps, wattage and voltage for inventory; inputs street light inventory and usage into computer database. Installs and maintains overhead and underground traffic signal communication cabling; pulls wires and makes electrical connections required to tie in wiring, signais, vehicle detectors, and control cabinets. Mazks out underground utilities and irrigation lines as necessazy including connecting and locating lights and lines; replaces underground high voltage cables. Maintains and repairs City facilities, equipment and buildings by performing a variety of skilled and semi-skilled carpentry, electrical, painting, plumbing, heating and air conditioning, and mechanical repair work. Operates and maintains a vaziety of hand tools, power tools, pneumatic tools, trucks, and other equipment in the performance of assigned duties. Prepares and maintains a variety of written records and reports; reads and interprets electrical and mechanical drawings and specifications. Meets and works with contractors regarding electrical issues as necessary; responds to questions and inquires. Responds to electrical calls and emergencies as part of stand-by duty CITY OF ARCADIA (Street Light Technician) Provides direction and training to lower level staff or other staff assigned to assist on projects. Perform related duties as required. JOB RELATED AND ESSENTIAL OUALIFICATIONS Knowledge of: Operational characteristics of electrical systems and internal components. Methods, practices and equipment used in building maintenance and repair services and activities including a vaziety of building trades work. Principles, practices, techniques, tools, and materials used in the installation, maintenance, and repair of electrica] or electronic systems and equipment. Principles of electrical theory as applied to electrical circuits and wiring systems. Operating characteristics and application of electrical test equipment. Methods and techniques of troubleshooting and calibrating electric and electronic systems and components. Preventive and corrective maintenance techniques. Use and maintenance of a variety of power and hand tools. Precautions necessary for working with electricity and high voltage. Blueprint and symbol identification. Basic principles of mathematics. Office procedures, methods, and equipment including computers. Principles and procedures of record keeping. Occupational hazards and standard safery practices. Perrinent federal, state and local codes, laws and regulations. C[TY OF ARCADIA (StreetLighl Technician) Abilitv to: Perform a variety of installation, repair, and maintenance duties on high voltage electrical equipment, uaffic signal devices and systems. Perform a full range of semi-skilled and skilled building maintenance and repair work. Inspect, troubleshoot, diagnose, and repair electrical and electronic malfunctions. Operate a vaziety of electrical testing, maintenance, repair, and installation equipment in a safe and effective manner. Operate hand and power tools competently and safely. Handle a variety of tasks with minimum supervision. Maintain required work logs, records, and related operational and maintenance data. Prepare clear and concise written reports. Perform accurate mathematical calculations. Read, interpret, and work from blueprints, electrical diagrams and schematics, manufacturer instructions, and d'uections. Perform assigned work in accordance with appropriate safery practices and regulations. Operate office equipment including computers. Communicate cleazly and concisely, both orally and in writing. Establish and maintain effective working relationships with those contacted in the course of work. Minimum Oualifications: Education/Trainin¢: Equivalent to the completion of the twelfth grade supplemented by specialized training in the electrical trade. Experience• Three years of responsible experience in the mainteinance and repair of electrical systems. License or Certificate: Possession of, or ability to obtain, an appropriate, valid class "A" driver's license. CITY OF ARCADIA (Street Ligh! Technician) PHYSICAL DEMANDS AND WORHING ENVIIiONMENT Environment: Work is performed in both indoor and outdoor field environment; travel from site to site; exposure to noise, dust, grease, smoke, fumes, vehiculaz traffic, electrical energy, and all types of weather and temperature conditions; work at heights on scaffolding and laddeis; frequent exposure to hazardous activities including high voltage electricity. Phvsical: Primary functions require sufficient physical ability and mobility to walk, stand, and sit for prolonged periods of tune; frequently stoop, bend, kneel, crouch, crawl, climb, reach, and twist; push, pull, 1i8, and/or carry moderate to heavy amounts of weights; dexterity of hands and fingers to operate specialized hand and power tools and equipment; operate assigned equipment and vehicles; verbally communicate to exchange information. Vision: See in the normal visual range with or without correction; vision abilities required by this job include close, distance, and peripheral vision, color perception, depth perception, and the ability to adjust focus; and to operate assigned equipment. Hearina: Hear in the normal audio range with or without correction Effective Date: February 2008 CITY OF ARCADIA TRANSPORTATION SERVICES MANAGER Under direction, to administer and perform a wide variety of joumey level professional, admnustrative, analytical, and coordination support duties for the Arcadia transit system, AQMD programs, Rideshare, congestion mu~agement plan, and short range transit plan; and to provide highly responsible and complex staff assistance to the Depury Development Services D'uector. May exercise technical and functional supervision over technical and clerical staff. EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES Provide professional journey level staff assistance and coordination in support of assigned functions including the Arcadia transit system, AQMD prograzns, Rideshare, congestion management plan, and short range transit plan, or other specialized Division programs. Pazticipate in the development and implementation of new or revised transportation programs, systems, procedures, and methods of operation. Compile and analyze data and make recommendations regazding transportation program nceds; assist in the development and implementation of policies; assist in the preparation of supporting program documents. Participate in the prepazation and administration of assigned budgets; provide fiscal forecasting; maintain and monitor appropriate budgeting and expenditure controls. Research, collect, compile, and analyze information from various sources on a variery of specialized topics including complex transportation or adminisorative issues; prepare comprehen- sive technical records, reports, and summaries to present and interpret data, identify altematives, and make and justify recommendations. Manage and administer the Arcadia Transit System including planning, operations, finance, policy development, and reporting. Administer the Proposition A/C Local Reriun Prograzn including project development, reporting, and budgeting. EXAMPLES OF IMPORTAN'I' AND ESSENTIAL DUTIES Admuuster the AQMD/Rideshaze Program (AB27766); act as the City Employee Transportation Coordinator. Prepare grant applications for transportation or other related programs and projects. Prepaze contracts, agreements, scope of work, and requests for proposal for transportation related prograzns and projects. Monitor and respond.to complaints and additional service requests. Conduct special projects such as Compressed Natural Gas (CNG) for Citywide application. Develop and prepaze the Congestion Management Plan (CMP). Conduct vehicle inspections and performance of the Arcadia Transit System for contract supervi- sion/compliance. Conduct surveys and perform reseazch and statisucal analyses on transit and transporta6on problems or issues. Monitor legislation and analyze proposed legislation to determine unpact on transportation operations and prograzns. Serve as a liaison with employees, public and private organizations, community groups, and other organizations; provide information and assistance regarding transportation programs and services; receive and respond to complaints and questions relating to transporta6on; review problems and recommend corrective actions. Attend meetings as a representative for the assigned division; prepaze, administer, and monitor programs. Coordinate and participate in the prepazation and review of assigned bids; prepare quotations regarding transit and transportation; assist in contract negotiations; monitor compliance with applicable contractual agreements. OTHER JOB RELATED DUTIES Performs related duties and responsibilities as assigned. JOB RELATED AND ESSENTIAL OUALIFICATIONS Knowledge of: Municipal and/or regional bus and rail transit operations. Principles and practices of public sector transportation. Purchasing process, including bid specification and request for proposal preparation. General principles and techniques of transit management and program administration. General principles and practices of budget development, preparation, and expenditure conuoL Organizational and management practices as applied to the analysis, evaluation, development and implementation of programs, policies and procedures. Pertinent Federal, State, and local laws, codes, and regulations pertaining to transit operations, congestion management, and air quality. Principles and practices related to assigned transit and transportation prograzns. Reseazch and reporting methods, techniques, and procedures. C~rrent computer softwaze applications and electronic grant preparation. Sources of inforrnation related to a broad range of transportation programs, services and funcrions. Public relations techniques and methods. Modem o~ce practices, methods, and computer equipment. Principles and procedures of financial, statistical, and adminisuarive record keeping. Safe driving principles and practices. Sldll to: Operate modern office equipment including computer equipment. Operate a motor vehicle safely. Abilitv to: Manage and administer transit contracts. Analyze problems, identify altemative solurions, project consequences of proposed actions, and 'unplement recommendations in support of public transit goals. Present written and oral reports to City management, Council, or regional boards on a variety of transportation issues. Research, analyze, and evaluate programs, policies, and procedures. Develop and prepare an assigned budget and control expenditures. Prepare cleaz and concise correspondence and reports on a vaziery of transportation and public transit issues. Effectively administer a variety of programs, functions, and administrative activities. Conduct research on a wide vaziery of administrative topics including grant funding and service contract feasibility. Interpret and apply administrative and division policies and procedures. Communicate cleazly and concisely, both orally and in writing. Establish, maintain, and foster positive and hazmonious working relationships with those contacted in the course of work. Minimum Qualifications: Experience: Four yeazs of responsible administrative and analytical experience involving the collection, compilation, and analysis of transportation and public transit data. TraiuinQ: Equivalent to a Bachelor's degree from an accredited college or university with major course work in public administration, business adminisuation, urban planning, uansportation, or a related field. License or CertiCcate: Possession of, or ability to obtain, an appropriate, valid driver's license. Special Requirements: Essential duties re9uire the following,physical skills and work environmeru: Ability to work in a standard office environment; abiliry to travel to different sites and locations. Effective Date: February 2008 RESOLUTION NO. 6604 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DESIGNATING THE LOS ANGELES COUNTY SOLID WASTE MANAGEMENT PROGRAM (SWMP) AS THE LOCAL ENFORCEMENT AGENCY (LEA) RESPONSIBLE FOR ENFORCING ALL LAWS AND REGULATIONS PERTAINING TO THE MANAGEMENT OF SOLID WASTE WITHIN THE CITY OF ARCADIA WHEREAS, the Los Angeles County Deparhnent of Health Services (DHS) has acted as the Local Enforcement Agency (LEA) within the City of Arcadia for enforcement of solid waste handling, transport, and disposal; and WHEREAS, effective July 2006, the DHS reorganized functional responsibilities with the Los Angeles County Department of Public Health (DPH); and WHEREAS, the SWMP has been assigned LEA responsibility for the management of solid waste for Los Angeles County. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Los Angeles County Solid Waste Management Program shall be the Local Enforcement Agency (LEA) responsible for the enforcement of laws and regulations pertaining to the handling, transport, and disposal of solid waste within the City of Arcadia. t SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this Sth day of February , 2008. ~Sl ~11CKEY ~EGAL Mayor of the City of Arcadia ATTEST: /~/ ~A~~S H. ~~~'~~~~":~:~~ City Clerk APPROVED AS TO FORM: dN~-~i~.. 1 • ! I~~f" ~~.'~'~-~ City Attorney 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES I-I. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6604 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 Sth day of February, 2008 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: Council Member Amundson ISI ~MES H. ~ARR~~S City Clerk of the City of Arcadia 3 RESOLUTION NO. 6605 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA APPROVING THE CONVEYANCE OF CERTAIN REAL PROPERTY FROM THE REDEVELOPMENT AGENCY OF 'Tf~ CITY OF ARCADIA TO THE CI-lURCH 1N ARCADIA PURSUANT TO THAT CERTAIN PURCHASE AND SALE AGREEMENT AND ' JOINT ESCROW INSTRUCTIONS BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA AND TI~ CIIIIRCH IN ARCADIA AND MAKING CERTAIN FINDINGS REQUIRED BY LAW WHEREAS, pursuant to the provisions of the California Community Redevelopment Law (California Health and Safety Code Section 33040 et seg.) ("CRL"), the City Council ("City Council") of the City of Arcadia ("City") approved and adopted the Redevelopment Plan for the Central Redevelopment Project ("Redevelopment Plan"), which is applicable to a certain geographic area within the City ("Project Area"); and WHEREAS, the Agency is engaged in activities necessary to execute and implement the Redevelopment Plan; and WHEREAS, the Agency owns a parcel of real property within the City that is located outside the Project Area, consisting of approximately 1.214 acres with the street address of 630 East Live Oak Avenue and identified as a portion of Assessor Parcel Number 8571-012-903 ("Live Oak Property"); and WHEREAS, the Agency desires to acquire certain real property within the Project Area owned by the Church in Arcadia ("Church") and consisting of approximately 44,000 square feet with a street address of 21 Morlan Place and identified as Assessor Parcel Number 5775-025-026 ("Morlan Place Property"); and WHEREAS, the Agency intends to use the Morlan Place Properiy for the purpose of redevelopment within the Project Area; and WHEREAS, the Agency and the Church have negotiated the terms of an agreement entitled "Purchase and Sale Agreement and Joint Escrow Instructions" ("Agreement") providing for; among other things, the transfer by the Agency of the Live Oak Property and additional consideration to the Church, including payment of certain interim costs during the relocation of the Church's facilities, in exchange for the transfer to the Agency of the Morlan Place Property; and WHEREAS, the Agency has determined that implementation of the Agreement: (1) is in the best interests of the City and the Agency and the health, safety and welfare of the City's taxpayers and residents and is in accordance with the public purposes set forth in the Redevelopment Plan and CRL; (2) strengthens the City's land use and social structure; and (3) will assist in eliminating economic and physical blight in the City; and -2- WI-IEREAS, pursuant to Government Code Section 65402, the Planning Commission of the City has determined by issuance of CUP 07-12 and Architectural Design Review No. ADR 07-Z 1 to the Church, by resolution dated January 8, 2008, that the location, purpose, extent and development of new Church facilities on the Live Oak Property to be transferred to the Church are in conformance with the City's general plan; and WHEREAS, pursuant to CRL Section 33433 the City Council of the City (acting as the Agency's legislative body) must make certain findings and determinations in connection with Agency's sale of the Live Oak Property that was acquired with Agency tax increment revenue; and WI-IEREAS, pursuant to CRL Section 33433, the Agency has prepared, and the City Council has reviewed and considered, a summary report ("Summary Report") setting forth: (1) the cost of the Agreement to the Agency; (2) the estimated value of the interest in the Live Oak Property to be conveyed; (3) an explanation of how the acquisition of the Morlan Place Property and conveyance of the Live Oak Property will assist in the elimination of blight within the Project Area; and (4) a copy of the Agreement. The Agency has made the Summary Report available for public inspection in accordance with CRL Section 33433; and WI-IEREAS, pursuant to CRL Section 33433, on January 14 and January 21, 2008 the Agency caused notice of the a joint public hearing of the City Council -3- and the Agency's Governing Board to be published in a newspaper of general circulation within the City; and WI-IEREAS, pursuant to the provisions of CRL Section 33433, on February 5, 2008, the City Council and the Agency's Governing Board held a duly noticed joint public hearing regarding the proposed Agreement; and WI-IEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA"), and the State's CEQA Guidelines, the City prepared an Initial Study and determined that there is no substantial evidence that the approval of CUP 07-12 and Architectural Design Review No. ADR 07-21 for the development of Church facilities on the Live Oak Property would result in a significant adverse effect on the environment, and a Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and WNEREAS, the Agency does not currently propose any development of the Morlan Place Property, so it can be seen with certainty that there is no possibility that the Agency's acquisition of the Morlan Pace Property may have any significant effect on the environment and, as a result, no CEQA review of this property acquisition is required. WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. -4- NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN, AS FOLLOWS: SECTION l. The City Council finds and determines, based on the information made available in the Summary Report, the staff report accompanying this Resolution, the oral presentation of staff, and the other written and oral evidence presented to the City at or prior to the public hearing regarding the Agreement, that, pursuant to CRL Section 33433: (i) The conveyance of the Live Oak Property by the Agency to the Church will assist in the elimination of blight by providing the opportunity to redevelop the dilapidated and economically underutilized Morlan Place Property and providing for the development of the underutilized Live Oak Property; (ii) The acquisition of the Morlan Place Property is consistent with the implementation plan adopted by the Agency for the Project Area; and (iii) The consideration to the Agency for the transfer of the Live Oak Property to the Church is not less than the fair reuse value of the Live Oak Property with the covenants, conditions and development costs authorized by the sale. -5- SECTION 2. The City Council approves the Agreement in substantially the form attached to the Summary Report, together with non- substantive changes and amendments as may be approved by both the City Manager and the City Attorney. SECTION 3. The City Council determines that, pursuant to the Negative Declaration prepared by the City, there is no substantial evidence that the disposition of the Live Oak Property for the development of Church facilities would result in a significant adverse effect on the environment, and a Negative Declaration has been prepared and notice of that fact was given in the manner required by law. SECTION 4. The City Council further determines that its acquisition of the Morlan Place Property is exempt from environmental review under CEQA because it can be seen with certainty there is no possibility that such land acquisition may have any significant effect on the environment, as there is no development project currently proposed for the property. SECTION 5. The City Council authorizes and directs the City Clerk to file all appropriate notices under CEQA with the Clerk of the Board of Supervisors of Los Angeles County regarding the CEQA determinations by the City contained in this Resolution within five (5) days following the date of adoption of this Resolution. -6- SECTION 6. The City Clerk shall certify to the passage and adoption of this Resolution. SECTION 7. This Resolution shall take effect immediately upon its adoption. Passed, approved and adopted this srn day of February , 2008. ISl MICKEY SECAL Mayor of the City of Arcadia ATTEST: ~5/ JA~ES H. ~~~'~~~~ City Clerk of the City of Arcadia APPROVED AS TO FORM: ~ ~:~, ~ ~~-e~i~ Stephen P. Deitsch City Attorney -7- 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. 6605 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 Sth day of February, 2008 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: Council Member Amundson /~ J~~ES H. ~ARR S City Clerk of the City of Arcadia -8- RESOLUTION N0. 6607 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 ARCADIA 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 forth 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 of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21354.4 (2.5% @ 55 Full and Modified fromula) for local miscellaneous members. SECAL Presiding Officer NOW, 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 "ExhibiY' and by this reference made a part hereof. By. !S/ MICKEY February 5, 2008 Date adopted and approved Mayor of the City of Arcadia Title (Amendment) CON-302 (Rev. 4/96) ~ li,. Ca1PERS EXHIBIT California 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 goveming body of the above public agency, hereinafter referred to as Public Agency, having entered into,a contract effective October 1, 1945, and witnessed September24,.1945, and as amended effective July 1, 1953, January 1, 1957, January 1, 1958, January 1, 1959, January 19, 1964, February 28, 1965, October 1, 1972, June 24, 1973, January 4, 1976, April 10, 1977, March 11, 1979, June 22, 1986, November 6, 1988, December 2, 1994, June 4, 1999, October 11, 1999, December 8, 1999, October 19, 2001 and March 5, 2004 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 March 5, 2004, and hereby replaced by the following paragraphs numbered 1 through 13 inclusive: 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 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after October 1, 1945 making its employees as hereinafter provided, members of said System subject to 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 amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. PLEASE DO NOT SIGN "EXHIBIT ONLY" 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire 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 miscellaneous 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: NO ADDITIONAL EXCLUSIONS 5. The percentage of final compensation to be provided for each year of credited prior and current service for local miscellaneous members in employment before and not on or after the effective date of this amendment to contract 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 for local miscellaneous members in employment on or after the effective date of this amendment to contract shall be determined in accordance with Section 21354.4 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 (2.5% at age 55 Full and Modified). 7. 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 Retirement Law (3% at age 50 Full). 8. Public Agencyelected 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). c. Section 20965 (Credit for Unused Sick Leave). d. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). PLEASE DO NOT SIGN "EXHIBIT ONLY" e. Section 21024 (Military Service Credit as Public Service). f. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local fire members only. g. Section 21027 (Military Service Credit for Retired Persons). 9. 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 Govemment Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 10. 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. 11. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled 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 Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all 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 by law. d. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 12. Contributions required of Public Agency and its employees shall 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. 13. Contributions required 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 a unt of contributions is paid for any period, proper adjustment shall be ma ~n connection with subsequent remittances. Adjustments on account pf(~rors in contributions required of any empioyee may be made by direct payrr~7s between the employee and the Board. B. This amendment shall be~~ctive on the day of , ~ BOARD OF ADMINISTRA~ PUBLIC EMPLOYEES' ~s.TfREMENT SYSTEM QO~ BY LORI MCGA ND, CHIEF EMPLOYE~ RVICES DIVISION PUBLIC EM LOYEES' RETIREMENT SYSTEM CITY COUNCIL CITY OF ARCADIA BY d" PRESIDING OFFICER O~L ~~ \ . j``~~~ Witness Date ,`C-j Attest: O~\~'~ P5~ .~, Cl~rk AMENDMENT ER#94 PERS-CON-702A (Rev. 10105) 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. 6607 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 15th day of January, 2008 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: Council Member Amundson l~l ~A~MIES H. ~ARR~~~, City Clerk of the City of Arcadia RESOLUTION NO. ARA 225 A RESOLUTION OF TI-IE REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA APPROVING THE CONVEYANCE OF CERTAIN REAL PROPERTY FROM TI-IE REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA TO THE CH[JRCH IN ARCADIA PURSUANT TO THAT CERTAIN PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS BY AND BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA AND THE CHURCH IN ARCADIA AND MAKING CERTAIN FINDINGS REQUIRED BY LAW WHEREAS, pursuant to the provisions of the California Community Redevelopment Law (California Health and Safety Code Section 33000 et se~c .) ("CRL"), the City Council ("City Council") of the City of Arcadia ("City") approved and adopted the Redevelopment Plan for the Central Redevelopment Project ("Redevelopment Plan"), which is applicable to a certain geographic area within the City ("Project Area"); and WHEREAS, the Agency is engaged in activities necessary to execute and implement the Redevelopment Plan; and WHEREAS, the Agency owns a parcel of real property within the City that is located outside the Project Area, consisting of approximately 1.214 acres with the street address of 630 East Live Oak Avenue and identified as a portion of Assessor Parcel Number 8571-012-903 ("Live Oak Property"); and WI~REAS, the Agency desires to acquire certain real property within the Project Area owned by the Church in Arcadia ("Church") and consisting of approximately 44,000 square feet with a street address of 21 Morlan Place and identified as Assessor Parcel Number 5775-025-026 ("Morlan Place Property"); and WHEREAS, the Agency intends to use the Morlan Place Property for the purpose of redevelopment within the Project Area; and WHEREAS, the Agency and the Church have negotiated the terms of an agreement entitled "Purchase and Sale Agreement and Joint Escrow Instructions" ("Agreement") providing for, among other things, the transfer by the Agency of the Live Oak Property and additional consideration to the Church, including payment of certain interim costs during the relocation of the Church's facilities, in exchange for the transfer to the Agency of the Morlan Place Property; and WHEREAS, the Agency has determined that implementation of the Agreement: (1) is in the best interests of the City and the Agency and the health, safety and welfare of the City's taxpayers and residents and is in accordance with the public purposes set forth in the Redevelopment Plan and CRL; (2) strengthens the City's land use and social structure; and (3) will assist in eliminating economic and physical blight in the City; and -2- WHEREAS, pursuant to Govemment Code Section 65402, the Planning Commission of the City has determined by issuance of CUP 07-12 and Architectural Design Review No. ADR 07-21 to the Church, by resolution dated January 8, 2008, that the location, purpose, extent and development of new Church facilities on the Live Oak Property to be transferred to the Church are in conformance with the City's general plan; and WHEREAS, pursuant to CRL Section 33433 the City Council of the City (acting as the Agency's legislative body) must make certain findings and determinations in connection with Agency's sale of the Live Oak Property that was acquired with Agency tax increment revenue; and WHEREAS, pursuant to CRL Section 33433, the Agency has prepared, and the City Council has reviewed and considered, a summary report ("Summary Report") setting forth: (1) the cost of the Agreement to the Agency; (2) the estimated value of the interest in the Live Oak Properiy to be conveyed; (3) an explanation of how the acquisition of the Morlan Place Property and conveyance of the Live Oak Property will assist in the elimination of blight within the Project Area; and (4) a copy of the Agreement. The Agency has made the Summary Report available for public inspection in accordance with CRL Section 33433; and WI-~REAS, pursuant to CRL Section 33433, on January 14 and January 21, 2008 the Agency caused notice of the a joint public hearing of the City Council -3- and the Agency's Governing Board to be published in a newspaper of general circulation within the City; and WHEREAS, pursuant to the provisions of CRL Section 33433, on February 5, 2008, the City Council and the Agency's Governing Board held a duly noticed joint public hearing regarding the proposed Agreement; and WHEREAS, pursuant to the provisions of the Califomia Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA"), and the State's CEQA Guidelines, the City prepared an Initial Study and determined that there is no substantial evidence that the approval of CUP 07-12 and Architectural Design Review No. ADR 07-21 for the development of Church facilities on the Live Oak Property would result in a significant adverse effect on the environment, and a Negative Declaration has been prepared and notice of that fact was given in the manner required by law; and WHEREAS, the Agency does not currently propose any development of the Morlan Place Properiy, so it can be seen with certainty that there is no possibility that the Agency's acquisition of the Morlan Pace Property may have any significant effect on the environment and, as a result, no CEQA review of this property acquisition is required. WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. -4- NOW, TI-IEREFORE, THE ARCADIA REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The Agency's Board of Directors approves the Agreement, in substantially the form presented to the Board of Directors and attached to the Summary Report as Exhibit "A." SECTION 2. The Executive Director is hereby authorized to execute the Agreement on behalf of the Agency, together with such changes and amendments as may be approved by both the Executive Director and Agency Counsel. The Executive Director is further authorized to take any actions and execute any and all necessary documents to implement the Agreement on behalf of the Agency. SECTION 3. The Agency determines that, pursuant to the Negative Declaration prepared by the City, there is no substantial evidence that the disposition of the Live Oak Property for the development of Church facilities would result in a significant adverse effect on the environment, and a Negative Declaration has been prepared and notice of that fact was given in the manner required by law. SECTION 4. The Agency further determines that its acquisition of the Morlan Place Property is exempt from environmental review under CEQA because -5- , it can be seen with certainty that there is no possibility that such land acquisition may have any significant effect on the environment, as there is no development project currently proposed far the property. SECTION 5. The Agency authorizes and directs the Agency Secretary to file all appropriate notices under CEQA with the Clerk of the Board of Supervisors of Los Angeles County regarding the CEQA determinations by the Agency contained in this Resolution within five (5) days following the date of adoption of this Resolution. SECTION 6. This Resolution shall take effect immediately upon its adoption. Passed, approved and adopted this Sth day of February , 2008. /S/ MICKEY SEGAL Chairman Arcadia Redevelopment Agency ATTEST: /~!M ~~ 9'A~ emlA 9, e ~P~ ~ 7.N M~ .~.r .~ Secretary of the Arcadia Redevelopment Agency APPROVED AS TO FORM: ~ ~-,~-~: ~ ~,~~,.~~ --o Agency Attorney -6- _ J STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JAMES H. BARROW S, Secretary of the Arcadia Redevelopment Agency of the City of Arcadia, hereby certifies that the foregoing Resolution No. ARA-225 was passed and adopted by the Arcadia Redevelopment Agency of the City of Arcadia, signed by the Chairperson and attested to by the Secretary at a regular meeting of said Agency held on the Sth day of February, 2008 and that said Agency Resolution was adopted by the following vote, to wit: AYES: Agency Members Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: Agency Member Amundson _ _ I~/ ~A~ES H. ~ARROt~S Secretary of the Arcadia Redevelopment Agency -7- f ORDINANCE NO. 2236 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 3214.1 OF THE ARCADIA MiJNICIPAL CODE RELATING TO THE LINIFORM TRAFFIC ORDINANCE CONCERNING EARLY MORNING PARKING HOURS THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3214.1 of the Arcadia Municipal Code is hereby amended to read in its enrirety follows: "3214.1 SECTION 11.9. ADDED. To Article XI of said Uniform Traffic Ordinance is added a new Section 11.9, as follows: 11.9. Early Morning Parking Prohibited. No person shall park any vehicle of a maximum gross weight limit of six thousand (6,000) pounds or less on any street between the hours of 3 o'clock a.m. and 5 o'clock a.m. on any day." SECTION 2. The City Clerk shall certify the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. This Ordinance shall take effect on tfie thirty-first (31S`) following its adoption. i Passed, approved and adopted this Sth day of February , zoos. IS/ MICKEY SECAL Mayor of the City of Arcadia ATTEST: ~J JAMES H. BARR~S City Clerk of the City of Arcadia APPROVED AS TO FORM: c~ r~~ 1 . k%~ti~ Stephen P. Deitsch City Attorney z ~. 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. 2236 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 Sth day of February, 2008 and that said Ordinance was adopted by the following vote, to wit: AYES: Council Member Chandler, Harbicht, Wuo and Segal NOES: None ABSENT: Counci] Member Amundson /~1 JAMES H. ~ARR~S City Clerk of the City of Arcadia 3