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Home My WebLink AboutJanuary 6, 2009~,,~PO,wa F^ CITY OF ARCADIA CITY COUNCIUREDEVELOPMENTRGENCY REGULAR MEETING '°'°°~~r°t"°~° TUESDAY, JANUARY 6, 2009 AGENDA 6:00 p.m. ~~ Location: City Council Chamber Conference Room, 240 W. Huntington Drive CALL TO ORDER ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: Robert Harbicht, Mayor/Agency Chair John Wuo, Mayor Pro Tem/Agency Vice-Chair Peter Amundson, Council/Agency Member Roger Chandler, Council/Agency Member Gary Kovacic, 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 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. CLOSED SESSION a. Pursuant to Govemment Code Section 54956(a) to confer with legal counsel regarding the case of Ken Harper v. Citv of Arcadia, et al. (United States District Court Case No. CVOS-02286 MANx). b. Pursuant to Government Code Section 54956.8 conference with real property negotiators. Pro a :Winnie Way Park (509 Winnie Way) Citv Neootiators: City Manager and Assistant City Manager/Public Works Services Director Neootiating Parties: City of Arcadia and Benson Tse (Property Owner) Under Negotiation: Price and Terms of Payment Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's once located at 240 W Huntington Dnve, Arcadia, Calilomia, during normal business hours. 7:00 p.m., City Council Chamber RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION CALL TO ORDER INVOCATION Reverend Daniel Earp, Amazing Grace Congregational Church PLEDGE OF ALLEGIANCE Carolyn Garner-Reagan, Director of Library and Museum Services ROLL CALL OF CITY COUNCIUREDEVELOPMENTRGENCY MEMBERS: Amundson, Chandler, Kovacic, Wuo and Harbicht REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON CLOSED SESSION/SSTUDY SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGER(EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PRESENTATIONS a. Presentation of Certificates to the 2009 Rose Queen and Court. b. Presentation to outgoing Human Resources Commission Member Peter Ulrich. c. Administration of the Oath of Office to newly appointed Human Resources Commission Member Joan Francone. 1. PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning 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 COUNCIL ITEMS: a. Recommended Action: Approve Any writings or documents provided to a majodty of the City Council regaMing any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W Huntington Dhve, Arcadia, Califomie, during normal business hours. b. Authorize the Citv Manager to execute a seven (71 year contract with Waste Management Inc. for the exclusive collection of residential refuse and recvclables for the Citv of Arcadia. Recommended Action: Approve 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 7:00 p.m. Open 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 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 can be acted on 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. Approve the Regular Meeting Minutes of December 2 2008 and December 16. 2008. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Regular Meeting Minutes of December 2 2008 and December 16 2008. Recommended Action: Approve c. Accept all work performed by FS Construction Inc. for the Left Turn Pocket on Live Oak Avenue Project as compete and authorize the final payment to be made in accordance with the contract documents. Recommended Action: Approve Any writings or documents provided to a majority of the City Councif regarding any item on this agenda wiU be made available /or public inspection in the Ciry Clerk's office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. Recommended Action: Adopt I_1~aL~1~I:3.lul~:y>s The City Council/Redevelopment Agency will adjourn this meeting to Tuesday, January 20, 2009, 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 disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the Cily 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 writings or documents provided to a majority of the City Council regarding any item on this agenda wil! be made available for public inspection in the City Clerk's office located at 240 W Huntington Odve, Arcadia, California, dudng normal business hours. MYU~f MINI '~/% STAFF REPORT Development Services Department DATE: January 6, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director ,~-~ By: Jim Kasama, Community Development Administrator. Prepared by: Silva Vergel, Business License Officer / SUBJECT: 2009-10 Statement of Objectives and Projects for Use of CDBG Funds Recommendation: Approve SUMMARY The Los Angeles County Community Development Commission (CDC) has advised the City that we will receive approximately $396,464 in Community Development Block Grant funds (CDBG) for fiscal year 2009-10. Costs and project summaries must be submitted. to ahe Courity by Febfuary.1, 2009.. Sfaff recoraimends that the-City Council approve the projects as set forth in this report for fiscal year 2009-10. The primary objective of the CDBG program is to provide assistance to low and moderate-income families by enabling them to participate in various community activities, and improve their property and environs. CDBG aims to also improve accessibility for the disabled and eliminate blight or substandard conditions within the City. DISCUSSION The City has been a participant in the Community Development Block Grant (CDBG) program for approximately 35 years. CDBG funds come from the U.S. Department of Housing and Urban Development (HUD) and are administered by the Los Angeles County Community Development Commission (CDC) for many cities in the County including Arcadia. Criteria for participation in the program has changed over the years. Use of the funds has become more restrictive in order to encourage programs that meet the objective of assisting low and moderate income families. For instance, federal regulations allow a maximum of 15% of a grantee's aggregate funds ($59,469) to be used for Public Service programs. In previous years, the public service programs maximum was 25%. Other requirements are that a minimum of 70% ($277,524) of the total funds must be used for projects that support and benefit low and moderate income families, and program administration expenses cannot exceed 10% ($39,646) of the annual allocation. A new requirement for fiscal year 2009-10 is that each project must be funded for at least $10,000. In previous years, similar types of projects could be combined to meet the $10,000 minimum. This is the case with the Meals on Wheels project offered by the American Red Cross. It is currently bundled with the Senior Services' Congregate Meals project because the amount for the Meals on Wheels project is only $4,000. By combining it with the $21,880 for the Congregate Meals project, the minimum requirement of $10,000 is satisfied. However, the City has been informed that beginning with fiscal year 2009-10, the CDC can no longer allow this combining of projects. Our options are to either increase the Meals on Wheels funding to $10,000 and reduce the funds for the other Public Service projects (i.e., Congregate Meals, Senior Citizen Social Services, and Youth Programs) or find another source of funds for the Meals on Wheels project. The money received from CDBG does not cover all of the expenses for the Public Service programs. The City subsidizes these programs from the General Fund. If the City chooses not to increase the funding for Meals on Wheels to the required minimum of $10,000 (and reduce the CDBG funding of the other Public Service programs by $6,000) the $4,000 of CDBG funds that are currently allocated for the Meals on Wheels program will be distributed among the other Public Service programs, thus reducing the amount from the General Fund that is needed to cover the costs to run these programs. Due to the general economic health of this community, Arcadia does not have any neighborhoods that meet the low and moderate income standard to qualify for CDBG funded projects, such as street improvements. Disabled accessibility improvements and alternative modes of transportation, however; are eligible. Examples of such projects are the remodel of the City Hall restrooms, the handicap ramp between the - upper and lower levels, of City Hall, ..and ..the current .sidewalk and curb ramp _.... , -' improvements. For the durrent fiscal year (2008=09); $50,000 (12.6%) is allocated far disabled-access improvements to the City`s sidewalks. For fiscal year 2009-10, staff is recommending an increased allocation of $90,000 (22.7%) for disabled-access improvements. The following table is a summary of the funding for the current projects (FY 2008-09) and for the projects recommended for next year (FY 2009-10): Current Projects Recommendations FY 2008-09 for FY 2 009-10 Housing Rehabilitation $ 266,995 (67.3%) $ 216,995 (54.7%) Handicap Ramp/Sidewalk Imps. $ 50,000 (12.6%) $ 90,000 (22.7%) Bicycle Facility Installations $ 0 (0%) $ 10,000 (2.5%) Public Service Projects (max. 15%): Congregate Meals $ 21,880 (5.5%) $ 23,214 (5.9%) Meals on Wheels $ 4,000 (1.0%) $ 0 (0%) Sr. Citizen Social Services $ 22,146 (5.6%) $ 23,479 (5.9%) Youth Program $ 11,443 (2.9%) $ 12,776 (3.2%) Administration (max. 10%1 $ 20,000 (5.0%) $ 20 000 (5.0%~ Total $ 396,464 (100%) $ 396,464 (100%) 2009-10 CDBG Projects January 6, 2009 page 2 The following are descriptions of the projects: Housing Rehabilitation The current funding (FY 2008-09) is $266,995 (67.3%) and the recommended funding for fiscal year 2009-10 is $216,995 (54.7%). This funding includes the $50,000 annual consulting contract for the processing and implementation of this project. The Housing Rehabilitation program is an ongoing project that provides a maximum grant of $12,000 to benefit low/moderate income homeowners by providing needed home improvements and repairs. It is anticipated that the City will assist a total of 31 homeowners in the current fiscal year 2008-09; 18 from the funds for fiscal year 2008- 09 ($266,995 - 67.3%) and 13 that were carried over from the prior fiscal year, 2007-08. Staff is projecting that 12 homeowners can be assisted with the recommended funding of $216,995 (54.7%) for fiscal year 2009-10. The Housing Rehabilitation program provides funds for low/moderate-income homeowners to make various improvements such as painting, roofing, electrical upgrades, handicap accessibility, removal of overgrown landscaping, and correction of code deficiencies. While most of the participants are new to this project, the City is consistently contacted by homeowners that have been past beneficiaries who would like to participate again. Current policy is to limit participation to once every five (5) years with priority given to new participants and repeat participants are only eligible after all new applications have been reviewed. For the current fiscal year (2008-09) there are eight (8) repeat participants. In 2007-08 there were three (3) and in 2006-07 there were 11. A repeat participation ratio of 25% is high, which is a reason to recommend that the funding for this. project. be reduced: And, due to the high rate of repeat participation, ,staff will look into other types- of hoiisirig .improvement programs that,, can be :implemented with CDBG funds. Handicap Ramp/Sidewalk Improvements The current funding (FY 2008-09) is $50,000 (12.6%) and the recommended funding for fiscal year 2009-10 is $90,000 (22.7%). Fiscal year 2008-09 is the first year that CDBG funding is being used for this project, which is providing wheelchair ramps at 5 corners and has improved access at 12 points along the City's sidewalks (e.g., widening sidewalks around utility poles, fire hydrants, etc.). In the upcoming year (FY 2009-10) staff is proposing to increase the allocation for this project to $90,000 (22.7%) to improve disabled-access at 13 corners and 26 points in the City's rights-of-way. The increased allocation for this project is made possible by reducing the funding for the Housing Rehabilitation project. Staff has been pleased with the results of the Handicap Ramp/Sidewalk Improvements project and believes that the community-wide benefits warrant the expanded funding. 2009-10 CDBG Projects January 6, 2009 page 3 Bicycle Facility Installations -New Proiect This would be a new project. Staff is proposing to allocate $10,000 (2.5%) from the fiscal year 2009-10 funding for the purchase and installation of bicycle facilities such as bike racks, pads and' ramps at commercial centers and civic buildings throughout the City. This new project is to encourage an alternative form of transportation and reduce the unsightly occurrences of bicycles being secured to street lights, trees, and sign posts. Staff has received complaints and requests for bicycle facilities from both employees and patrons of various centers. This project could encourage the use of bicycles, and could be a service to those who do not have access to automobiles. Conoreoate Meals for Senior Citizens - (Public Service Proiect) The current funding (FY 2008-09) is $21,880 (5.5%) and the recommended funding for fiscal year 2009-10 is $23,213 (5.9%). This program is one of four (4) public service projects funded for the current fiscal year (2008-09) which cumulatively cannot exceed a total of 15% ($59,469). It is an ongoing program that provides senior citizens with a nutrition program that features hot noon- time meals, Monday through Friday at the Community Center. For the current year, it is anticipated that a total of 12,978 meals will be provided, and the goal is to maintain this level of service for the next fiscal year. Meals on Wheels - (Public Service Proiect) The current funding (FY 2008-09) is $4,000 (1%) and it is recommended that this project not be funded-by the CDBG for fiscal year2009-10 due to the new requirement that it be furided at a miniriium~IeVel of $10,000, wtiichavould require reduced funding for the other three (3) public service projects; Congregate Meals, Senior Citizen Social Services, and Youth Programs. Meals on Wheels is operated by the American Red Cross, and CDBG funds account for 20% of the budget for the program, which delivers two (2) meals per day to approximately 40 homebound residents in Arcadia. For the past seven (7) years, this project has been combined with the Congregate Meals program to meet the minimum $10,000 requirement. The maximum that Meals on Wheels has been allocated was approximately $7,000 several years ago. The funding for this project has since been reduced to the current level because overall CDBG funds have been decreasing. Staff is recommending that other funding opportunities to assist the American Red Cross with this project be explored in the upcoming general budget process. Senior Citizen Social Services Information and Referrals - (Public Service Project) The current funding (FY 2008-09) is $22,146 (5.6 %) and the recommended funding for fiscal year 2009-10 is $23,479 (5.9%). This program provides senior citizens with iriformation that is essential for them to maintain their independent and healthy lifestyles. Services include assistance with 2009-10 CDBG Projects January 6, 2009 page 4 government benefits (e.g., Medicare, social security, income tax, Medi-Cal, SSI), housing assistance, transportation, legal assistance, in-home services, health services, and educational opportunities. For the current year, 517 senior citizens have been assisted as of the end of November 2008, and the goal is to maintain a similar level of service for the next fiscal year. Youth Services Program - (Public Service Proiectl The current funding (FY 2008-09) is $11,443 (2.9%) and the recommended funding for fiscal year 2009-10 is $12,776 (3.2%). This is an ongoing program directed at benefiting youths up to 18 years old who come from low-income households. This program pays to send these youths to day camp, music club, educational field trips, summer camp, and may subsidize band equipment and uniforms. For the current fiscal year 2008-09, 23 children were sent to sports or summer day camps, 42 attended excursions, and 12 participated in various other activities such as music or swimming lessons. The goal for the next fiscal year is to maintain this level of service. Program Administration (maximum 10%) These funds are to offset the annual cast of general management, oversight, and coordination of the CDBG programs. Up to 10% ($39,646) of the annual allocation can be utilized for administration of the program. The City and its contractors have historically not utilized more than about $20,000 for administration so that more funds could be allocated to the projects. ., ;RECOMMENDED PROJECTS FOR FISCAL YEAR'2009-10 Staff is recommending the following projects and funding allocations, and the Los Angeles County Community Development Commission (CDC) recommends that the City Council approve a program of projects subject to a provision that authorizes the City Manager to approve amendments as necessary: Projects Funding Allocations Housing Rehabilitation $ 216,995 (54.7%) Handicap Ramp/Sidewalk Imps. $ 90,000 (22.7%) Bicycle Facility Installations $ 10,000 (2.5%} Public Service Projects (max. 15%): Congregate Meals $ 23,214 (5.9%) Sr. Citizen Social Services $ 23,479 (5.9%) Youth Program $ 12,776 (3.2%) Administration (max. 10%) $ 20,000 (5.0%1 Total $ 396,464 (100%} 2009-10 CDBG Projects January 6, 2009 page 5 FISCAL IMPACT There is not a fiscal impact to the City to implement CDBG projects, as all funding, including a 10% administrative allowance comes from the grant. However, staff does include CDBG project appropriations in the operating budget and is required to obtain City Council approval prior to the expenditure of the funds. RECOMMENDATION 1. Approve the projects and fund allocations as outlined above, or as modified by the City Council; and 2. Authorize the City Manager to: a. Modify the project allocations should amendments become necessary; and b. Execute the Memoranda of Understanding with the Los Angeles County Community Development Commission, which are to be submitted to the County at a later date. Approved:.~ex,..~.f~ ~~ Donald Penman, City Manager 2009-10 CDBG Projects January 6, 2009 page 6 i STAFF REPORT Public Works Services Department DATE: TO: FROM: SUBJECT: SUMMARY January 6, 2009 Mayor and City Council Pat Malloy, Assistant City Manager/Public Works Services Director Prepared by: Tom Tait, Deputy Public Works Services Director Waste Management, Inc. (WM) has been the City's exclusive residential refuse hauler since 1999. The current contract is due to expire on June 30, 2009. On March 18, 2008 the City Council directed staff to begin negotiations for the residential refuse and recycling contract with Waste Management, Inc. City staff and WM have reached an agreement on the contents of the new contract. Staff recommends that the City Council award the exclusive Residential Refuse and Recycling Contract to Waste Management, Inc. and adopt Resolution No. 6663 setting the residential refuse rate schedule for Fiscal Year 2009/10 and 2010/11. BACKGROUND Arcadia maintains one of the lowest refuse rates while providing the most comprehensive city-wide refuse and recycling programs in the San Gabriel Valley region (see Attachment). As the exclusive residential refuse hauler, WM has consistently provided excellent service for the past nine (9) years. Included in the rates for providing waste hauling services, WM administers the following refuse programs at the convenience of residents: Page 1 of 5 THE CITY OF ARCADIA Recommendation: Approve Recommendation: Adopt Mayor and City Council January 6, 2009 • Co-mingled curbside recycling Greenwaste curbside recycling • Free Backyard Service for Residents with a Physical Hardship • Four (4) Bulky Waste Pick-ups for single family residential units • Holiday Tree Recycling • Waste-to-Energy Program (multi-family units only) • Residential Recycling Education • Mail-it-Back Recycling for cell phones, rechargeable batteries, and sharps waste WM and their programs have assisted Arcadia in achieving a 69% diversion rate which exceeds the 50% diversion rate mandated by AB 939. Arcadia has one of the highest diversion rates in the San Gabriel Valley and it is with WM and their recycling programs and services that have helped the City achieve this. A continued partnership with WM can facilitate the ongoing process of increasing recycling in the City to meet any new proposed diversion rates in the future and guarantee landfill disposal capacity for the term of this agreement. DISCUSSION With the intent of maintaining high levels of services with low monthly rates, staff had several meetings with WM to negotiate a new contract. City staff and WM have reached an agreement on a contract that will benefit both parties. Staff has incorporated the following new elements into the new contract: • The term of the contract will be seven (7) years with three (3), one (1) year optional extensions that can be exercised by either parties; • An Administrative Fee in the amount of $100,000 payable to the City annually; • Multi-family residents will receive two (2) free bulky waste pick-ups per year; Liquidated damage provisions which allows the City to assess monetary penalties to WM if quality services are not provided; • All new vehicles in the hauler's fleet to be used in the City must be alternative fuel vehicles; • One Day a Week Service on Wednesday for single family residents only; and • Revised Rate Adjustment Formula Single-family residential refuse collection will change from five (5) days a week (Monday through Friday) to one (1) day a week (Wednesday). This premium service reduces the number of trucks and trips into the City, thus resulting in a reduction of air pollution and damage to the roads. Specifically, one day a week service can benefit the City in three (3) ways: It will reduce the wear and tear on the streets by reducing the weight and number of trucks on Arcadia's streets. Currently, WM has approximately fifty (50) trucks in the City over five (5) days, with one (1) day a week service, this could reduce the number of trucks in the City to thirty-five (35) for the week. Page 2 of 5 Mayor and City Council January 6, 2009 2. Refuse carts on the streets in the neighborhoods five (5) days a week is unattractive. One (1) day a week service requires the carts to be on the residential streets for only one (1) day out of the week, leaving the rest of the week with no residential carts on City streets. 3. One (1) day a week service can make working with street maintenance and other construction projects more efficient by providing flexibility and convenience to the Public Works Services Department projects such as slurry seal and asphalt/concrete overlay projects. Refuse rate adjustments will be calculated with three (3) specific, predetermined weighted indices: 1. Consumer Price Index (CPI), 2. Disposal Facility Index, and 3. Producer Price Index (PPI) for Fuel. WM will also increase rates to account for the total cost of providing refuse hauling services to Arcadia in the current market. According to WM, Arcadia's current single family residential monthly rate of $16.38 is not adequate to continue to provide quality refuse services to the City. In order to continue operations in Arcadia, WM is proposing a 25% increase per month phased in over two years which will result in a $2.05 increase per month beginning July 1, 2009 and an additional $2.30 increase per month beginning July 1, 2010. The chart below illustrates the effect of the proposed rate increase. Current Rate Proposed Proposed FY 2009-10 FY 2010-11 $16.38 $18.43 $20.73 For the past ten (10) years, WM has been obligated to adjust rates according to the current contract. Currently, rate adjustments are calculated using only the CPI and Disposal Facility Index. This adjustment formula did not account for substantial increases in business costs such as fuel and state mandated integrated waste fees that have occurred in the past ten (10) years. For example, for the past five (5) years, fuel has experienced significant increases that were not included in the rate increases. Therefore, future rate adjustments based on the three (3) predetermined weighted indexes will reflect the current market cost of collecting refuse. In addition to current services, WM would provide the City with additional extended services in-order to increase the diversion rate and divert hazardous waste from the landfill waste stream. Such extended services would include: • A comprehensive website specifically for Arcadia residents through WM; Enhanced Sharps Disposal Program with local pharmacies; • Waste Watch, a neighborhood watch service between Arcadia Police and Waste Management, Inc.; and Page 3 of 5 Mayor and City Council January 6, 2009 • Enhanced public education programs for schools, residential and commercial customers. The most valuable service provided by WM is the continued free collection service for all City facilities including the removal of all green and refuse waste from the Public Works Service Center. City staff utilizes WM services three (3) to five (5) times per week. WM is very responsive and makes every effort to accommodate the City's needs for regularly scheduled collection, special events, and emergencies. While the proposed increase may seem extravagant, staff has researched recent refuse service bid awards and has found that the average bid award in the Los Angeles area is $20.88 per month, or 28% above the current rate. However, these awards do not provide the same amount of services that Arcadia residents receive. Putting this contract out to bid could either significantly increase rates or sacrifice some programs and services. These programs and services could cost the City a significant amount of money to provide on our own if the waste hauler did not provide it for our residents. For example WM offers services that other haulers are unable to, such as: • Mail-it-Back Recycling for cell phones, rechargeable batteries, and sharps waste • Four (4) Bulky Item Pick-ups for single family residential units • Two (2) Bulky Item Pick-ups for multi-family residential units • Free backyard service for residents with a physical hardship Even with the increase, Arcadia would still maintain one of the lowest rates in the San Gabriel Valley region (see Attachment). With the impending closure of Puente Hills Landfill in October 2013 and more stringent state mandates that regulate the waste stream, it is the City's responsibility to ensure the proper disposal and recycling of refuse and hazardous waste in the community. Staff believes that it is extremely important to secure a responsible and resourceful waste hauler that will guarantee disposal facilities and ensure that the City disposes waste and maintains a diversion rate in compliance with state mandates. WM has successfully demonstrated their commitment to working with the City and their ability to provide the most efficient and effective refuse and recycling services. FISCAL IMPACT The City will receive an Administrative Fee in the amount of $100,000 per year for the length of the contract to fund roadway repairs and maintenance. Additionally, the City receives approximately $70,000 annually from residential AB 939 Fees and $300,000 annually from commercial AB 939 Fees. The Solid Waste Fund uses these revenues to pay for personnel and program costs of the City's Recycling Program such as the Household Hazardous Waste Program and the Compost Program. Page 4 of 5 Mayor and City Council January 6, 2009 RECOMMENDATION Authorize the City Manager to execute a seven (7) year contract with Waste Management Inc. for the exclusive collection of residential refuse and recyclables for the City of Arcadia. Adopt Resolution No. 6663 setting the residential refuse rate schedule for Fiscal Year 2009f10 and 2010/11 in accordance with the residential refuse and recycling contract. Approved by: ~ '~~J Donald Penman, City Manager PM:TT Page 5 of 5 RESOLUTION N0.6663 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, SETTING THE SERVICE RATES FOR THE COLLECTION OF RESIDENTIAL REFUSE AND RECYCLABLES PURSUANT TO SECTION 5120.7 OF THE ARCADIA MUNICIPAL CODE WHEREAS, pursuant to the Arcadia Municipal Code Section 5120.7, the Arcadia City Council is authorized to fix and determine the uniform rates that may be charged for collecting or removing garbage, refuse or recyclables from any premises in the City; and WHEREAS, all residential units in the City are required to participate in the City's refuse collection service; and WHEREAS, the franchisee under that certain Residential Refuse and Recycling Agreement is not authorized to charge or collect any fees or rates other than the fees and rates set forth in this Resolution and the fees and rates shall remain in effect, unless changed by resolution of the City Council of the City of Arcadia. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1 SECTION 1. Commencing July 1, 2009, the monthly rates for residential refuse and recycling collection services shall be those set forth in Exhibit "A" attached hereto. SECTION 2. Commencing July 1, 2010, the monthly rates for residential refuse and recycling collection services shall be those set forth in Exhibit "B" attached hereto. SECTION 3. All rates set forth in this Resolution shall be reflected on all refuse bills issued after July 1, 2009 and July 1, 2010 respectively. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of 2009. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: crG~,. ~ ~C~-C~;~-t,~ City Attorney 2 ATTACHMENT September 2008 Refuse Rate Survey Cit Monthl Rate South. Pasadena $36.41 Pasadena $32.48 Sierra Madre $27.72 EI Monte $25.12 West Covina $24.77 Baldwin Park $23.43 Azusa $23.23 Diamond Bar $23.15 Covina $22.89 Montere Park $21.81 Alhambra $20.18 Arcadia ro osed rate $18.43 Duarte $16.73 Arcadia current rate $16.38 Monrovia $14.52 Exhibit "A" City of Arcadia Residential Refuse and Recycling Collection Service Single Family Rate Schedule Effective July 7, 2009 the monthly residential refuse and recycling service rates are: STANDARD SERVICE RATES SENIOR CITIZEN SERVICE RATES 2008 p Green Tobl 3009 K Green Total Sarvlee Base GW Waste Recycling A89]9 Monthly Service Baso GW Waste Recycling A89]9 Monthly Category Rate carts Rate Charge Fea Fee Category Rate Carta Rale Charge Fas Rate Single FamYy 512.57 1 51.92 50.78 50.30 415.57 Single Family 511.33 1 $1.74 50.78 50.30 514.15 Dwelling. dl $12b7 2 52.78 $078 $0.30 81640 Dwelling, (1) $11.33 2 52.48 50.78 50.30 514.88 60 Gallon Can $12.57 3 53.71 $0.78 80.30 817.36 60 Gallon Can 511.33 3 83,35 50.78 80.30 575.76 512.57 4 5460 $0.78 50.30 518.25 511.33 4 $4.15 50.78 50.30 516.56 512.57 5 55.65 50.70 50.30 519.29 511.33 5 55.10 50.78 50.30 517.51 Single Fatuity 575.42 1 $1.92 50.78 50.30 51843- Singly Family 573.91 1 Et.74 $0.70 50.30 Y16.73 D.vellinp, (1) 515.42 2 82.76 50.78 50.30 519.26 Dwelling. (1) 513.91 2 52.48 ED78 50.30 517 A8 90 Gallon Can $1542 3 $3.71 5078 50.30 520.22 90 Gallon Cen 51391 3 Y3.35 50.78 50.30 518.34 $1542 4 $4.60 50.78 $0.30 $21.11 513.91 4 $4.15 $0.78 $0.30 $19.14 $1542 5 55.85 50.78 50.30 522.15 - 573.91 5 55.10 50.78 $0.30 520.08 Monthly Per >5 51.05 MonMy Per >5 50.96 Atlditional Cen Additional Can (Greercwaste) (Greemvaste) Single Family BOg 59.74 $0.00 5000 29.74 Single Fatuity 60g 58.76 50.00 50.00 58.78 Dwelling. ryl 90g 59.90 $0.00 $0.00 5990 Dwelling, (7) 90g 58.97 Y0,00 $0.00 $891 Time Per Can Time Per Can UnsMedubtl Pickup Unscheduletl Pickup MonNty Per 60g 58.85 50.00 50.00 56.85 Monthly Per BOg 56.17 50.00 5000 56.17 AOtlNOnal Cen 90g 58.45 50.00 50.00 5845 Atltlitional Can 90g E7.fi3 50.00 50.00 17.83 BPy Automatetl 542.48 55.82 $0.30 54861 BIV Automated 53833 55.82 $0.30 E44A$ CdlecBan Sec Collection Ser. BlY Cdledion $1591 Y0.00 $0.00 $15.01 e/V Collepion Y13.51 $0.00 $0.00 $13.51 1 Tme PN 1 Time P/U Per Can Per Can B/y Atldidonel 822.78 50.00 $0.00 522.76 BN Adddional 520.50 50.00 50.00 $20.$D Conleinar Conuiner `Bulky Item PN 531.52 $0.00 5000 $31.52 `Bulky Item PN $28.38 $0.00 5000 528.36 Sharps Program 529.50 5¢e-One Ouart Atlditional saes available Shops Program 529.50 Say One Ouart Adtlitional saes available 538.58 Sae- One Gallon Atlditional sizes avaUable 538.58 Sae- One Galon AddNOnal saes available yl 4h'' t' ~. ~ '{ ~ h. '. tr t4. ,. . ~~ Temporery ]Ward Bin Service: Temporary Roll-0R Bin Serivice: Three Day Rental 5106.80 Rates are negotiated under the wm menial norrexGUS iva contract Seven Day Rental 5127.91 Atltlitional Rate Per Day 5803 `This pdcilp applies only to residents that exceed Ne 41ree Bulky Item wllec9ons Exhibit "A" City of Arcadia Residential Refuge and Recycling Collection Service Single Family Rate Schedule Effective July 1, 2070 the monthry residential refuse and recycling service rates are: STANDARD SERVICE RATES SENIOR CITIZEN SERVICE RATES 2010 # Green Total 2010 p Green Total Serviu Baea GW Waata Recycling AB 938 Monthly Service Base GW Waste Recycling A8939 MonNly Category Ra[ carts Rate Charge Fee Fee Cet gory Rate carts Rate Char a Fee Rate Single Family 574.27 1 E2.16 E0.78 4030 317.52 ± Single Family 812.88 1 E1.96 E0.78 E0.30 E15.92 Dwelling. (7) 514.27 2 53.10 50.78 50.30 518.45 Dwelling, (1) 512.00 Z 52.78 -3078 E0.30 518.74 80 Gallon Can $14.27 3 54.18 $0.78 30.30 519.53 80 Gallon Can $t 2.88 3 $3.77 SO 78 $0.30 577.73 $14.27 4 E5.18 $0.78 E0.30 $20.53 $12.08 4 $4.67 50.78 $0.30 $18.83 314.27 5 E6.35 50.78 30.30 521.%1 57288 5 55.73 30.78 30.30 §19.69 Single Fatuity 57749 1 $2.18 80.78 $0.30 $20.73 'Single Famiy $15.78 t E1.9fi 5078 E0.30 $18.02 Dwelling, ll) 51749 2 53.10 5078 $0.30 E21.67 '.'Dwelling. ll) 515.70 2 E2.78 30.78 E0.30 E19.64 90 Galon Can 517.49 3 54.18 §0.78 30.30 522.74 ': 90 Gallon Can 515.70 3 53.77 30.78 E0.30 520.63 $1749 4 E5.18 $0.78 E0.30 $2374 $15.76 4 $4.67 50.78 $0.30 $21.53 $77.49 5 56.35 30.78 E0.30 324.92 515.78 5 $5.73 $0.78 $0.30 $2259 Manlhty Per >5 $1.05 ~ MonMty Per >5 E096 Atltlilionel Can < Atltligonal Cen (Greenweste) ~ (Greenwaste) Single Femity 60g 510.98 $0.00 50.00 E10.96 Single Fatuity BOg 59.86 50.00 $0.00 E9.06 Dwelling, (1) 90g $11.14 $0.00 E0.00 $11.14 Dwelling. (1) 90g $10.02 $0.00 $0.00 $1002 Tme Per Can Time Per Cen UnschetlulM Pickup Unscheduled Pickup Monthy Per 60g E7.7t E0.00 5000 57.71 Monthly Per fi0g E694 E0.00 50.00 Efi.94 AtltliOOnal Can 90g E9.50 §0,00 50.00 59.50 AtltliOanal Can 90g §B.$6 §0.00 $0.00 58.517 B/Y Automated $48.57 $5.82 $0.30 $54.69 ah AUtamatetl 543.88 $5.62 $0.30 $50.00 Cdledion Sec Cdlettion Ser. Bf/Cdlaclion $18.88 E0.00 §0.00 $18.08 BlV Collection E15.20 $0.00 E0.00 $15.20 1 Tbne PN 1 Time PN Per Cen Par Can BrY Atltllgonal $25.63 $0.00 $0.00 52563 B/Y Atldidonal 323.06 g0.00 80.00 E23.06 Container Container 'Bulky Item PN $35.48 $0.00 E0.00 $35.46 'Bulky Item P!U $31.97 E0.00 $0.00 531.91 Sheryl Program 330.53 Size- O ne Ouart Adtligana l sizes available Sharps Program E30.53 Size- One Ouert AdtliUOnal sizes available $39.99 Size-One Galon AtltliOOnel sizes available 539.96 S¢e- Orn Galon AtltlNOnal s¢es aveilade 7' ... ,~-.. , . . . -.,'. 2 r .r ~ r - Temporary ] - Vartl Bin Service: Temporary Roll-On Bin Serivice: Three Day Rental 5720.02 Rates ere negodatetl under the com memial non-ezdusive contrail Seven Day Rental $143.90 Atlditionel Rate Per Day 36.78 • rnis pridng applies onN to rasitlents Mat ezceetl Ore 4 rree Bulky Item collections Exhibit "B" City of Arcadia Refuse Collection Service Multi-family Base Rate Schedule 2009.2010 Number of Bins STAB RATE and size ~ NUMBER OF PICK-UPS PER-WEEK 1 2 3 4 6 6 i - 1.5 Yard $77.24 $154.50 5231.74 $308.99 5386.24 $463.47 2 - 1.5 yard $140.45 5280.90 $421.32 $561.75 5702.21 $842.65 3 - 1.5 yard $210.67 5421.34 $632.00 $842.67 $1,053.33 $1,264.02 4- 1.5 yard $280.91 $561.80 $842.66 $1,123.58 $1,404.50 $1,685.37 5-1.5 yard ~ $351.11 $702.25 51,053.36 $1,404.51 $1,755.63 $2,106.75 1-3yard 592.04 $170.88 $276.08 5368.10 $460.15 5552.16 2 - 3yard $164.32 $341.81 $492.93 5657.23 $821.54 5985.84 3-3yard. $236.66 $512.69 $709.90 $946.52 $1,163.15 $1,419.80 4-3yard - $308.94 $683.56 $926.78 $1,235.70 51,544.63 $1,741.05 5-3yard $381.26 $854.45 $1,143.72 $1,524.94 $1,906.19 $2,287.38 1 -6yard $172.46 $344.95 5517.39 $689.86 $862.32 $1,034.60 Number of Bins DISMOUNT RATE and Size NUMBER OF PICK-UPS PER WEEK 1 2 3 4 5 6 1 - 1.5 yard $87.10 $174.20 $261.28 $348.37 $435.45 $522.55 2 - 1.5 yard 5158.36 $316.70 $475.07 5633.42 $791.75 $950.11 3 - 1.5 yard - $237.52 $475.02 $712.54 5950.05 51,187.57 $1,425.05 4 - 1.5 yard 5316.69 $633.40 $950.06 $1,266.74 $1,583.45 $1,900.14 5-1.5 yard 5395.88 $791.72 $1,187.60 $1,583.46 51,979.33 $2,375.19 1 - 3yard $103.79 $188.99 $300.70 $400.84 $501.17 $601.37 2 - 3yard $182.41 $377.91 $547.19 $729.61 $911.99 $1,094.40 3 - 3yard $264.56 $566.52 $793.65 $1,058.21 $1,322.76 $1,587.32 4-3yard $346.69 -$755.88 $1,040.12 $1,386.82 $1,733.55 $2,080.22 5-3yard $428.90 $944.87 $1,286.62 $1,715.50 $2,144.39 $2,573.25 1-6yard $188.80 $377.63 5566.39 $755.18 $943.97 51,132.77 Number of Bins STAGE RATE and Size NUMBER OF PICK-UPS PER WEEK 1 2 3 4 5 6 1 - 1.5 yard $95.29 $190.61 $265.69 $381.18 5476.47 $571.76 2 - 1.5 yard $173.30 $346.58 $519.86 $693.14 $866.42 $1,039.71 3 - 1.5 yard $259.94 $519.87 $779.81 $1,039.74 $1,299.67 $1,559.59 4 - 1.5 yard $346.59 $693.16 51,039.75 51,386.32 $1,732.93 $2,079.50 5- 1.5 yard $433.23 $866.43 $1,299.65 $1,732.88 $2,166.10 $2,599.32 i - 3yard ~ $106.43 $205.39 $325.36 5433.80 $542.26 5650.70 2 - 3yard 5200.48 $410.82 $601.37 5801.83 S1,002.31 $1,202.77 3-3yard 5292.50 $616.20 $877.48 $1,169.97 51,462.44 $1,754.92 4-3yard $364.53 $821.61 $1,153.59 $1,536.12 51,922.65 $2,307.20 5-3yard 5476.53 $1,027.00 $1,429.56 $1,906.10 52,382.65 $2,859.18 1 -6yard 5204.96 $409.97 $614.87 $819.83 51,024.77 $1,229.75 'Please add the fallowing fees to the rates listed above: Recycling Fee (Reso # 6269): 2-6 units = $1. 00 per unit 7 or more units = $1.50 per unit AB 939 Fee = $0.30 per unit Exhibit "B" City of Arcadia Refuse and Recycling Collection Service Single-family Base Rate Schedule Single Family Greenwaste Bin Service: Includes one (1) greenwaste bin, one (1) refuse and one (1) recycling container serviced once weekly Curbside Bin Service: Resident rolls bin and containers to their curb and the trash truck drives directly to the container then empties the bin and containers. Backyard Bin Service Waste Management enters residents backyard, rolls out their greenwaste bin and refuse/recycling containers to the curb, empties them, then return them to their original location on the same day. Exhibit "B" City of Arcadia Refuse Collection Service Multi-family Base Rate Schedule zo1 o-zo11 Number of Bins STAB RATE and size NUMBER OF PICK-UPS PER-WEEK 1 2 3 4 5 B 1 - 1.5 Yard $86.90 $173.81 $260.71 $347.62 $434.51 $521.40 2 - 1.5 yard 5758.00 $316.01 $473.99 5631.96 5789.99 $947.98 3-1.5 yard $237.00 $474.00 $711.00 $948.00 $1,184.99 $1,422.02 4-1.5 yard $316.03 $632.03 5948.02 51,264.03 51,580.06 $1,896.05 5-1.5 yard $395.00 $790.03 $1,185.03 $1,560.07 $1,975.06 $2,370.10 1 - 3 yartl $103.54 $192.24 $310.56 $414.11 5517.67 $621.18 2 - 3yard - 5164.86 $384.53 $554.55 5739.38 S924.24 $1,109.07 3-3yard $266.24 5576.77 $798.63 $1,064.83 51,331.05 $1,597.27 4-3yard $347.55 $769.01 $1,042.62 $1,390.16 $1,737.70 $1,958.68 5-3yard $428.92 $961.25 $1,286.69 57,715.55 52,144.46 $2,573.31 1 - 6 yard $194.02 $388.07 $582.06 $776.09 $970.11 $1,164.15 Number of Bins DISMOUNT RATE and Size NUMBER OF PICK-UPS PER WEEK 7 2 3 4 5 6 1 - 1.5 yard $97.98 $195.97 $293.94 $391.91 $489.89 5587.87 2 - 1.5 yard $178.15 $356.29 5534.45 $712.60 $890.72 $1,068.87 3-1.5 yard $267.21 $534.40 5801.61 $1,068.81 $1,336.02 $1,603.18 4-1.5 yard $356.27 $712.57 $1,068.82 $1,425.08 $1,781.38 $2,137.65 5-1.5 yard 5445.36 5890.68 57,336.04 $1,781.39 $2,226.74 52,672.09 1 - 3yard $116.77 $212.61 $338.29 5450.94 5563.81 $676.54 2 - 3yard $205.21 $425.15 $615.59 $820.81 $1,025.99 $1,231.20 3-3yard $297.62 $637.33 $892.86 $1,190.48 $1,488.11 $1,785.73 4-3yard $390.03 8850.36 $1,170.13 $1,560.17 51,950.24 $2,340.24 5-3yard $482.51 51,062.97 $1,447.44 $1,929.94 $2,412.43 $2,894.90 1 - 6 yard $212.40 $424.83 $637.19 $849.58 $1,061.96 $1,274.37 Number of Bins STAGE RATE and Size ~ NUMBER OF PICK-UPS PE R WEEK 1 2 3 4 5 6 1 - 1.5 yard $107.20 $214.43 $321.62 $428.83 $536.03 $643.23 2 - 1.5 yard $194.96 $389.90 5584.65 $779.78 $974.72 $1,169.68 3-1.5 yard $292.44 $584.86 5877.28 $1,169.70 $1,462.13 $1,754.54 4-1.5 yard $389.91 $779.80 $1,169.72 $1,559.60 51,949.54 $2,339.43 5-1.5 yard $487.36 $974.73 $1,462.10 $1,949.49 $2,436.86 $2,924.24 1 - 3yard 5121.98 5231.07 $366.03 $488.03 $610.04 $732.04 2-3yard 5225.53 5462.17 $676.54 $902.06 $1,127.60 51,353.12 3-3yard $329.06 $693.22 $987.16 $1,316.21 $1,645.25 51,974.29 4-3yard $432.59 $924.31 $1,297.78 $1,730.39 $2,162.98 $2,595.59 5-3yard $536.09 $1,155.38 $1,608.28 $2,144.36 $2.680.48 $3,216.57 1 -6yard $230.58 $461.22 $691.73 $922.31 $1,152.87 $1,383.47 'Please add the following fees to the rates listed above: Recycling Fee (Reso # fi269): 2-6 units = $1. 00 per unit 7 or more units = $1.50 per unit AB 939 Fee = $0.30 per unit Exhibit "B" City of Arcadia Refuse and Recycling Collection Service Single-family Base Rate Schedule Single Family Greenwaste Bin Service: Includes one (1) greenwaste bin, one (1) refuse and one (1) recycling container serviced once weekly Curbside Bin Service: Resident rolls bin and containers to their curb and the trash truck drives directly to the container then empties the bin and containers. Backyard Bin Service Waste Management enters residents backyard, rolls out their greenwaste bin and refuse/recycling containers to the curb, empties them, then return them to their original location on the same day. 50: 0166 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, DECEMBER 2, 2008 CALL TO ORDER Mayor Harbicht called the Meeting to order at 5:30 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) None STUDY SESSION Report, discussion and direction concerning recent court developments regarding Utilities Users Tax issues. Jim Priest, Esq. of Best Best & Krieger (City Attorney office) provided a report to the City Council regarding recent court developments on Utility Users Tax issues. He discussed recent litigation, Proposition 218, outdated exemptions currently in the City's UUT Ordinance. He further discussed telecommunication amendments to the UUT Code and special election issues. The City Council directed staff to prepare a clean up ordinance to address telecommunication and bring back resolutions for a special election on April 21, 2009 at the December 16, 2008 meeting. Report, discussion and direction regarding closure of certain City Hall facilities on Friday, December 26, 2008. Mr. Penman reported that he has received a request from two bargaining unit representatives requesting consideration be given that City Hall be closed December 26, 2008 and that each employee would use their own time. He noted that because Public Works Services and Community Services will be open, he recommends that City Hall remain open as well. The City Council concurred with the recommendation of Mr. Penman that City Hall offices remain open to the public on December 26, 2008. CLOSED SESSION Pursuant to Government Code Seclion 54956(a) to confer with legal counsel regarding the case of Westfield LLC et al v City of Arcadia et al. and Caruso Property Management Inc et al. (Real Parties in Interest) (Los Angeles Superior Court Case No. BS108923) and the case of Arcadia First! v. Citv of Arcadia and Magna Entertainment Corporation (Real Parties in Interest) (Los Angeles Superior Court Case No. BS108937). 12-02-2008 50: 0167 RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Harbicht called,the Regular Meeting to order in the Council Chamber at 7:00 p.m. INVOCATION Steve Bush, Church of the Jesus Christ of Latter-Day Saints PLEDGE OF ALLEGIANCE Fire Chief Tony Trabbie ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency MemberAmundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON STUDY SESSION/CLOSED SESSION ITEMS City Attorney Steve Deitsch reported that the City Council met in a closed session to consider the one Item listed on the posted agenda under closed session and further reported that no action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGERIEXECUTIVE 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. PRESENTATIONS a. Presentation of "A Day without a Plastic Bag" proclamation to Heal the Bay. 1. PUBLIC HEARING REDEVELOPMENT AGENCY ITEMS: a. Consideration of short term leases with Rusnak Mercedes-Benz for the Environmental Quay Act. Recommended Action: Approve 12-02-2008 50: 0168 Jerry Schwartz, Economic Development Manager reported that staff has been working with Rusnak to expand its Mercedes-Benz dealership. He reported that Rusnak would like to utilize 35 W. Huntington Drive (the Arcadia Self Storage) and 21 Morlan Place (the Church in Arcadia) which were purchased by the Redevelopment Agency for the Rusnak expansion project. Mr. Schwartz further reported that Rusnak would like to use two floors of the Arcadia Self Storage building for auto parts storage and the Church property for auto storage and parking. He explained deal points and terms of the lease agreements and noted that the uses proposed by Rusnak were approved by the Planning Commission and Redevelopment Agency. A motion to close the public hearing was made by Agency Vice Chair Wuo, seconded by Agency Member Chandler and seeing no further objection, the Agency Chair declared the public hearing closed. Agency Chair Harbicht opened the public hearing. It was moved by Agency Vice Chair Wuo, seconded by Agency Member Chandler and carried on roll call vote to authorize the Executive Director to execute short term leases with Rusnak/Arcadia for properties at 35 West Huntington Drive and 21 Morlan Place subject to renegotiations or technical changes required to complete the transactions and adopt a categorical exemption from CEQA regarding the leases. AYES: Council/Agency Member Wuo, Chandler, Amundson, Kovacic and Harbicht NOES: None ABSENT: None CITY COUNCIL ITEMS: b. Consideration of an appeal of Business License revocation for Alpha Systems, Inc. for code violations in the installation and maintenance of Commercial Kitchen Fire Suppression Svstems at restaurants in Arcadia. Recommended Action: Deny appeal and uphold revocation Jim Kasama, Community Development Administrator reported that on September 8, 2008, the business license for Alpha Systems was revoked at the request of the Fire Department for non- compliance and repeated violations regarding the installation and maintenance of commercial kitchen fire suppression systems at various restaurants in Arcadia. He further reported that the owner/operator of Alpha Systems filed an appeal with the Business License Review Board on September 15, 2008 and recommended that the business license be upheld. Mr. Kasama provided a summary of continued violations by Alpha Systems Inc. including the City's business license revocation process and recommended that the City Council deny the appeal and the revocation of the business license be upheld. Mark Kirkorian, Fire Marshal provided a summary of violations of the California Code of Regulations, Title 19, Section 906 by Alpha Systems from September 2004 through November 19, 2008. He explained the revocation hearing process by the Business License Review Board and further explained that Alpha Systems currently does not have a business license but is pending the outcome of the revocation proceeding. Mayor Harbicht opened the public hearing. 12-02-2008 50: 0169 Jason Pivnik, owner/operator of Alpha Systems, Inc. appeared and spoke in opposition of the Business License Review Board's decision and recommendation to the City Council to permanently revoke their business license and uphold the decision of the Business License Review Board. Jordon Pivnik, co-owner/operator of Alpha Systems appeared and also provided testimony regarding the decision of the Business License Review Board. Jill Perumean, Fire Inspector provided a summary of her inspections and interactions with Alpha Systems including State tagging requirements and processes. A motion to close the public hearing was made by Mayor Pro Tem Wuo, seconded by Council Member Kovacic and seeing no further objection, the Mayor declared the public hearing closed. It was moved by Council Member Chandler, seconded by Mayor Pro Tem Wuo and carried on roll call vote to deny the appeal and uphold the revocation of the Business License Review Board for Alpha Systems, Inc. AYES: Council Member Chandler and Wuo NOES: Council Member Amundson, Kovacic and Harbicht ABSENT: None After further discussion by the City Council and staff, Council Member Amundson made a motion to reconsider the prior motion, seconded by Mayor Pro Tem Wuo and carried on roll call vote to deny the appeal and uphold the revocation of the Business License Review Board for Alpha Systems, Inc. AYES: Council Member Amundson, W uo, Chandler, Kovacic and Harbicht NOES: None ABSENT: None PUBLIC COMMENTS Marina Chen and other members of her Girl Scout Troop appeared and made a presentation regarding Climate Connection. Lisa Lucas, Foothills Middle School PTSA President provided a report on student and school activities. She reported that their 2008 Academic Performance Index score was 955 out of 100 which makes Foothills Middle School the 12'~ top middle school in the State. REPORTS FROM THE MAYOR CITY COUNCIL AND CITY CLERK Council Member Chandler announced that the City Council participated in the 55'" annual Festival of the Bands. Council Member Wuo thanked the City Council for their discussion during the public hearing process. He announced that December 6"' is Breakfast with Santa, December 13`h is the Holiday Snow Festival and there will be about 40 tons of snow and encouraged everyone to attend. He announced that the City has suspended overnight parking restrictions during the holiday to accommodate guests visiting from December 14 through January 4`" He wished 12-02-2008 50: 0170 everyone Happy Holidays and reminded everyone that there is crime during the holidays and encouraged residents to be careful and safe while out shopping. Council Member Kovacic commented and commended the Girl Scouts presentation. He announced the schedule of free concerts at the Library; he provided information regarding free computer classes at the Library courtesy of the Library Foundation and other related computer courses. Council Member Amundson announced that the holiday decorations are up along Huntington Drive between Santa Clara and Fifth Avenue; he announced that beginning December 6m through February 7, 2009 there will be an exhibit at the Ruth and Charles Gilb Museum exploring how other countries celebrate the holidays and urged everyone to stop by. City Clerk James Barrows gave a brief report on the Festival of Bands and thanked everyone who participated. He congratulated Mr. Kovacic for being listed as one of "2009 Best Lawyers' in last Sunday's newspaper. Mayor Harbicht announced promotions in the Police Department effective January 4, 2009 - Sergeant Coleen Flores will be promoted to Lieutenant; Sergeant Ray Nakamura will be promoted to Lieutenant; Officer Stan Flores will be promoted to Sergeant; Officer Jason Davis is promoted to Sergeant and effective January 18, 2009, Detective Vaughn Whalen will be promoted to Sergeant. He thanked each of them for their hard work and dedication to the City on behalf of the citizens of Arcadia. CITY CLERK'S REPORTS a. A ointment to Human Resources Commission. Recommended Action: Make appointment to fill unexpired term. City Clerk Jim Barrows reported on a recent vacancy on the Human Resources Commission; he noted that five resumes were on file from the June 2008 appointment and only two individuals expressed an interest in serving on the Human Resources Commission. Mr. Barrow explained that the City Council can make an appointment from the two resumes or direct staff to advertise the vacancy to allow additional citizens to submit resumes for consideration at a future City Council meeting. Council Member Chandler nominated Joan Francone to fill the unexpired term of Peter Ulrich which expires June 30, 2011. unexpired tetrm of PeterUlr ch end nlg June 30, 20111 to thel Human Resources Comm ssionill the AYES: Council Member Chandler, Amundson, Kovacic, Wuo and Harbicht NOES: None ABSENT: None 12-02-2008 50: 0171 3. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Regular Meeting Minutes of November 18. 2008. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve~the Recular Meeting Minutes of November 18 2008. Recommended Action: c Citvrof Arcadia and the Los Angeles Countv Agricultural Commissioner/Wei_ghts and Measure Department for the term of July 1 2009 through June 30 2014. Recommended Action: Approve d. Adopt Resolution No 6654 approving the Identity Theft Prevention Program in accordance with the Fair and Accurate Credit Transaction Act of 2003. Recommended Action: Adopt e. Recommended Action: Approve A motion was made by Council)Agency Member Chandler, seconded by Council/Agency Member Amundson and carried on roll call vote to approve items 3.a through 3.f on the City Council/Agency Consent Calendar. AYES: Council/Agency Member Chandler, Amundson, Kovacic, Wuo and Harbicht NOES: None ABSENT: None 4. CITY MANAGER/EXECUTIVE DIRECTOR a. Arcadia Citywide Street Liohting District 2009-1 commencing in Fiscal Year 2009-2010. Recommended Action: Adopt Pat Malloy, Assistant City Manager/Public Works Services Director provided a summary of the proposed formation of the Arcadia Citywide Lighting District. Mr. Malloy reported that a total of 4,987 valid ballots were received; 2,457 were "Yes' with a total weighted assessment of $62,194.26 and 2,530 ballots voted "No" having a total weighted assessment of $83,380.82. He further reported that for the assessment to pass, the total amount of "yes' ballot assessments 12-02-2008 Award a one near extension to the Professional Services Aoreement between 50: 0172 had to be equal to or exceed the total amount of "no" ballot assessments. He explained that based on the results of the ballots received, a majority protest exists therefore staff recommends that the City Council abandon the formation of the Citywide Street Lighting Assessment District and adopt Resolution No. 6661. It was moved by Council Member Kovacic, seconded by Mayor Pro Tem Wuo and carried on roll call vate to adopt Resolution No. 6661 declaring the results of the property owner protest ballot proceedings conducted for the proposed levy of assessments related to the Arcadia Citywide Street Lighting District 2009-1 commencing in Fiscal Year 2009-2010. AYES: Council Member Kovacic, Wuo, Amundson, Chandler and Harbicht NOES: None ABSENT: None b. Resolutions and Ordinances rescinding Proiect approvals relatina to "The Shoos at Santa Anita Park". Ado t Resolution No. 6659 re ealin Resolution No. 6565 which concerned General Plan Amendment No 05-01 pertaining to "The Shops at Santa Anita Park Specific Plan". Recommended Action: Adopt Ado t Resolution No. 6660 re ealin Resolution No. 6566 which concerned a royal of Architectural Desion Review and Desion Guidelines with respect to The Shoos at Santa Anita Park Proiect. Recommended Action: Adopt City Attorney Steve Deitsch presented the staff report rescinding all project approval resolutions and ordinances relating to "The Shops at Santa Anita Park" which were approved by the City Council. Mr. Deitsch reported that on April 17, 2007, the City Council adopted three resolutions and on May 1, 2007 adopted three ordinances approving various aspects of the Project. He further reported that since the adoption of the resolutions and ordinances, a court order has made it necessary to set aside and void certification of the Final EIR for the Project and also set aside and void approvals granted by the City in relation to the Project. Mr. Deitsch noted that in order to comply with the court order, the City Council must consider and adopt the three resolutions and three ordinances presented for adoption. He further noted that in order to further comply with the court order the City is dealing with certain elements of the Final E1R which the Court determined should be revised. It was moved by Mayor Pro Tem Wuo, seconded by Council Member Amundson and carried on roll call vote to: 12-02-2008 Recommended Action: Adopt 50: 0173 (1) adopt Resolution No. 6658 decertifying the final Environmental Impact Report for The Shops at Santa Anita Park Specific Plan Project and repealing adoption of Resolution No. 6564 which concerned environmental findings pursuant to the California Environmental Quality Act, Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program; (2) adopt Resolution No. 6659 repealing Resolution No. 6565 which concerned General Plan Amendment No. 05-01 pertaining to "The Shops at Santa Anita Park Specific Plan"; and (3) adopt Resolution No. 6660 repealing Resolution No. 6566 which concerned approval of Architectural Design Review and Design Guidelines with respect to The Shops at Santa Anita Park Project. AYES: Council Member Wuo, Amundson, Chandler, Kovacic and Harbicht NOES: None ABSENT: None Recommended Action: Introduce Introduce Ordinance No 2254 repealing Ordinance No. 2227 which concerned zonino chanoes oertainino to The Shoos at Santa Anita Park Project. Recommended Action: Introduce It was moved by Council Member Kovacic, seconded by Council Member Amundson and carried on roll call vote to: (1) introduce Ordinance No. 2252 repealing Ordinance No. 2228 which concerned a Development Agreement between the City of Arcadia and Santa Anita Associates, LLC.; (2) introduce Ordinance No. 2253 repealing Ordinance No. 2226 which concerned the adoption of "The Shops at Santa Anita Park Specific Plan"; and (3) introduce Ordinance No. 2254 repealing Ordinance No. 2227 which concemed zoning changes pertaining to The Shops at Santa Anita Park Project. AYES: Council Member Chandler, Amundson, Kovacic, Wuo and Harbicht NOES: None ABSENT: None 12-02-2008 Recommended Action: Introduce 50: 0174 ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting at 9:30 p.m. to Tuesday, December 16, 2008, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H Barrows City Clerk NYN ~~mm.._~l By: Lisa Mussenden, Chief Deputy City Clerk/ Records Manager 12-02-2008 50: 0175 CITY COUNCILIREDEVELOPMENTRGENCY REGULAR MEETING MINUTES TUESDAY, DECEMBER 16, 2008 CALL TO ORDER Mayor Harbicht called the Meeting to order at 6:D0 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) a. Pursuant to Government Code Section 54956.8 -Conference with real property negotiators. Pro a :Winnie Way Park (509 Winnie Way) City Negotiators: City Manager and Assistant City Manager/Public Works Services Director Negotiating Parties: City of Arcadia and Benson Tse (Property Owner) Under Neaotiation: Price and Terms of Payment STUDY SESSION a. Report, discussion and direction concerning Utility Users Tax issues. Jim Priest, Best Best & Krieger (City Attorney office) explained the four resolutions calling the special election to be consolidated with the Arcadia Unified School District for April 21, 2009. He discussed the purpose of each resolution including the emergency findings that must be made under Proposition 218 regarding financial implications of pending litigation and legislation and potential losses of telecommunication revenue. He went over the proposed ordinance amendments regarding modern technology and changes that needed to be changed in order to bring the UUT Ordinance up to date. Hue Quach, Administrative Services Director provided information, at the request of the City Council, that he obtained from other cities he contacted including information regarding public outreach efforts made by those cities. After further discussion, the consensus of the City Council is to submit to the voters the question on utility user tax in May or early June 2009. RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Harbicht called the Regular Meeting to order in the Council Chamber at 7:00 p.m. INVOCATION Mayor Robert Harbicht 12-16-2008 50: 0176 PLEDGE OF ALLEGIANCE Pat Malloy, Assistant City Manager/Public Works Services Director ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON STUDY SESSION/CLOSED SESSION ITEMS City Attorney Steve Deitsch reported that the City Council met in a closed session to consider the one item listed on the posted agenda under closed session and no action was taken. Additionally, Mr. Deitsch reported that the City Council also met in a Study Session to consider issues pertaining to a potential utility user tax measure to be submitted to the voters next year and is on the open agenda and no action was taken on this item in Study Session. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE 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 Kovacic and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. 1. PUBLIC HEARING REDEVELOPMENT AGENCY ITEMS: a. Consideration of the Mid Plan Progress Report of Arcadia Redevelopment Agencv Five Year Implementation Plan FY 2005-2010. Recommended Action: Approve Jerry Schwartz, Economic Development Manager reported that the Redevelopment Agency is required by law to prepare a Five Year Implementation Plan. He noted that the Redevelopment Agency approved its most recent Five Year Implementation Plan in December 2004. He further noted that the law also requires that once during that five year period a public review of the goals and objectives of that Plan and achievements during that time be conducted. He reported that the goals and objectives of the Redevelopment Agency include eliminating blight, creating jobs, enhancing City revenues, improving and increasing the supply of affordable housing and implementing the City's General Plan. He reported and discussed activities since approval of the 2004 Implementation Plan that have impacted the Redevelopment Program in the last four years and further reported what the Agency has undertaken as part of enhancing the economic environment of the business community and recommended that the Agency Board approve the Mid-Plan Update to the Five Year Implementation Plan for Fiscal Year 2005-2010. 12-16-2008 50: 0177 Agency Chair Harbicht opened the public hearing. A motion to close the public hearing was made by Agency Member Chandler, seconded by Agency Member Amundson and seeing no further objection, the Agency Chair declared the public hearing closed. It was moved by Agency Member Kovacic, seconded by Agency Member Amundson and carried on roll call vote to approve the Mid-Plan Update to the Five Year Implementation Plan FY 2005-2010. AYES: Agency Member Kovacic, Amundson, Chandler, Wuo and Harbicht NOES: None ABSENT: None PUBLIC COMMENTS Jason Pivnik, Alpha Systems, appeared and spoke regarding the public hearing held on December 2, 2008 and requested that the City Council reconsider its decision to revoke their business license. REPORTS FROM THE MAYOR CITY COUNCIL AND CITY CLERK Mayor Pro Tem Wuo announced he attended the Snow Festival and commended the entire Recreation Department staff for doing a great job; he thanked the Police Department for traffic control and wished everyone Happy Holidays. Council Member Chandler wished everyone a safe Happy Holidays; he commented on the lighting assessment failing and noted that it will be addressed in 2009; he further commented on the current economy and reported on the utility users tax issue the City is working on for next year to make ends meet. Council Member Amundson commented on the Snow Festival. He wished the City Council, City staff and residents Happy Holidays and Merry Christmas and concluded with a quote from Charles Dickens. Council Member Kovacic requested the City Attorney Steve Deitsch explain, for the benefit of the public, why the City Council is prohibited from taking action regarding Mr. Pivnik's appeal to reconsider its decision made on December 2, 2008 to revoke his business license. (In response to Council Member Kovacic's request, Mr. Deitsch explained the Ralph M. Brown Act, Open Meeting Law which prohibits the City Council from take action on any matter not listed on the posted agenda). He complimented staff including Jim and Margaret Barrows for making the snow festival a success. He wished everyone Happy Holidays. At the request of Council Member Kovacic, Police Chief Sanderson reported that a 25 year old was recently involved in a fatal traffic accident because he was in a hurry to meet friends. Chief Sanderson gave details of the incident and further reported that the 25 year old was on his way to meet friends and maneuvered his way around traffic at an unsafe high rate of speed, lost control of his vehicle and spun out and hit a tree causing him his life. He gave reports of traffc accidents involving irijuries and fatalities and reminded everyone to slow down. 12-16-2008 50: 0178 Mayor Harbicht announced that Director of Library and Historical Services Janet Sporleder will be retiring after 29 years at the end of December and thanked her for her service to the City and the Community; he thanked the Oak Tree Racing Association and Santa Anita Park for their joint donation of $10,000 toward the 2009 July 4`h event; he commented on the City's investment portfolio and the City's investment policy; and discussed and explained Ethics Training which is required by law to be taken by the each City Council member every two years. He commented that the City is installing a diesel engine at a water well near Dana Middle School and the Southern California Air Quality Management District is requiring that the City give notice to all residents within 1,000 feet of the well including the parents of each child who attends the school and commented on the expense involved by the City. He explained the contents of the notice including the health affects the AQMD is requiring the City to give to surrounding residents. He announced the Holiday Decoration award recipients by address. 2. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Fiscal Year 2007 2008 Redevelopment Aaencv State Controller's Report, Audited Financial Report Housing and Community Development Report. Blight Removal Progress Loan and Property Reports. Recommended Action: Receive and file CITY COUNCIL ITEMS: b. Services of Citv water samples in the amount of $25.100. Recommended Action: Approve c. Authorize the Citv Manaoer to execute a one (11 year Professional Services Recommended Action: Approve d. Authorize the Citv Manager to execute a contract with CJ Construction. Inc. for the 2008/2009 Annual Concrete Repair Project in the amount of $98.992. Recommended Action: Approve e. Re'ect th bid submitted for the Installation of a Powered Vehicle Exhaust Extraction System. Recommended Action: Approve f. Award a urchase order contract to Aramark Services for Uniform Rental Services in the amount of $28.500. Recommended Action: Approve 12-16-2008 50: 0179 g. Ordinances rescinding project approvals relating to "The Shops at Santa Anita Park". Associates LLC. Recommended Action: Adopt A motion was made by CouncillAgency Member Chandler, seconded by Mayor Pro Tem/Agency Vice Chair Wuo and carried on roll call vote to receive and file item 2.a and approve items 2.b through 2.g on the City Council/Agency Consent Calendar. AYES: Council/Agency Member Chandler, Wuo, Amundson, Kovacic and Harbicht NOES: None ABSENT: None 3. CITY MANAGER/EXECUTIVE DIRECTOR a. Adopt Resolution No 6662 authorizino the assignment of an Open Video Svstem Franchise A reement b Cham ion Broadband California LLC to CBC Broadband Holdinos. LLC. Recommended Action: Adopt Linda Garcia, Communications, Marketing and Special Projects Manager provided the staff report to authorize the assignment of an Open Video System Franchise Agreement by Champion Broadband California, LLC to CBC Broadband Holdings. She explained that Champion Broadband currently holds an Open Video System Franchise Agreement with the City. She further explained that in September, the City received an application for the assignment of the Open Video System Franchise Agreement to CBC Broadband Holding. She advised that CBC proposes to continue business as usual, maintain existing staff, facilities and for now will continue to use the Champion Broadband name and a-mail domain. She explained that the CBC has provided all the necessary information to approve the transfer and recommends the City Council adopt Resolution No. 6662 authorizing the Assignment and Assumption Agreement. It was moved by Council Member Chandler, seconded by Mayor Pro Tem Wuo and carried on roll call vote to adopt Resolution No. 6662 authorizing the assignment of an Open Video System Franchise Agreement by Champion Broadband California, LLC to CBC Broadband Holdings, LLC and authorize the City Manager to execute the Assignment and Assumption Agreement. AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht NOES: None ABSENT: None 12-16-2008 Ado t Ordinance No. 2253 re ealin Ordinance No. 2226 which concerned the adoption of "The Shops at Santa Anita Park Specific Plan". Recommended Action: Adopt 50: 0180 b. Federal legislative advocacy priorities for 2009. Recommended Action: Approve City Manager Don Penman reported that the Ferguson Group has represented the City for more than a decade with regard to federal legislative matters and revenue opportunities in Washington, D.C. He further reported that each year staff brings forward to the City Council, for consideration, a list of priorities to be focused on in the next legislative sessionorites summarized the areas staff recommends that the City Council set for federal lobbying p for 2009. He noted that the Ferguson Group has been successful in obtaining federal funding for local projects that benefited the residents of Arcadia. He discussed a list of projects the Ferguson Group has been successful in obtaining millions of dollars from the federal government to assist with projects the City would otherwise have difficulty in completing. Mr. Penman advised that staff is recommending the City focus on water infrastructure improvements and transportation projects and additional consideration would be to again pursue funding to assist with the construction of a Joint Fire Suppression/Emergency Preparedness Training Facility. He provided a brief summary of the water projects, Santa Anita Gold Line Overpass, improvements in circulation for all modes of travel around the Gold Line Station, a citywide pedestrian and bicycle connection improvement project, and the Joint Fire Suppression/Emergency Preparedness Training Facility ass next year information regarding the federal economic stimulus package that Congress may p It was moved by Council Member Chandler seconded by Council Member Kovacic and carried on roll call vote to authorize staff to direct The Ferguson Group to work on behalf of the City of any~documents or aplplc ation fopms forsfedeeal (funding that may ben eeded fors each projectbmit AYES: Council Member Chandler, Kovacic, Amundson, Wuo and Harbicht NOES: None ABSENT: None c. Adopt Resolutions regarding a General Tax Measure to be placed on the ballot at a Special Municipal Election on April 21, 2009. Uauuou ~~+•~,~ telecommunications rovisions of the Ci 's Utili Users ax. Recommended Action: Adopt Ado t Resowuon rvo. oouu ~~ ~~ Los Angeles to consolidate a Special Mun~icc arl Ele no} co Boa ddofnEducat on Elections Code, Recommended Action: Adopt 12-16-2008 Recommended Action: tjcoN~ 50: 0181 Adopt Resolution No 6667 providino for the filing of rebuttal arouments for Citv Measures submitted at Municipal Elections. Recommended Action: Adopt Mr. Penman reported on utility users tax as it relates to recent changes in federal regulations, litigation and potential legislation California cities face regarding possible loss of revenue as it relates to telecommunications. He further reported that in order to protect these revenues, an update to the definitions in the City's UUT Ordinance is required and noted that Proposition 218 requirements require this to go before the voters. He advised that without the revenue from the existing UUT, the City could be forced to make cuts in programs and services that would affect the residents, such as police and fire protections, emergency response, parks and senior service, tree trimming, street repair and library services. William (Jim) Priest of Best Best & Krieger (City Attorney office) presented-the four resolutions required to place a measure on the special election ballot for April 21, 2009. He reported that the resolutions propose to amend the City's existing Utility Users Tax Ordinance. He explained that a utility users tax is a general tax and the funds go into the general fund and pay for the City's general municipal expenses. He further explained that because this would be an amendment to the general tax ordinance, it would require a majority voter approval of the citizens. He noted that the updates relate to telecommunications and have not been amended since 1993 and are outdated in the world of telecommunication technology; he provided some examples of new technology that must be included in the City's existing ordinance. He further noted that the new definitions would be technology-neutral and would reflect the modern use of communications so that all taxpayers will be treated equally. He explained that the changes are expected to be cost-neutral to current users of telecommunications as the proposed ordinance does not change the tax rate of the existing UUT and he further explained that under Proposition 218 to place this on a special election ballot, a unanimous vote of the City Council is required. He noted that many surrounding cities have already taken this to the voters and nearly all have passed. Council Member Chandler suggested that Mayor Harbicht and Counci( Member Kovacic form a committee and bring back suggested ballot language. It was moved by Council Member Chandler seconded by Mayor Pro Tem Wuo carried on roll call vote to table this item until the February 3, 2009 City Council meeting and bring back additional information and ballot language. AYES: Council Member Kovacic, Wuo, Amundson, Chandler and Harbicht NOES: None ABSENT: None 12-16-2008 50: 0182 ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting at 8:35 p.m. to Tuesday, January 6, 2009, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H Barrows Citv Clerk !~, ~~~, By: Lisa Mussenden, Chief Deputy City Clerk/ Records Manager 12-16-2008 r~,N Au,u if. 1f1] STAFF REPORT Development Services Department DATE: January 6, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director`~~ Philip A. Wray, Deputy Director of Development Services ~U1 Prepared by: Tim Kelleher, Senior Engineering Assistant SUBJECT: Acceptance -Left Turn Pocket on Live Oak Avenue Recommendation: Accept all work performed by FS Construction Inc. for the Left Turn Pocket on Live Oak Avenue Project as complete and authorize the final payment to be made in accordance with the contract documents SUMMARY On September 16, 2008 the City Council awarded a contract to FS Construction, Inc. in the amount of $58,300 for the Left Turn Pocket on Live Oak Avenue Project. There was one (1) change order increasing the total contract by $1,478.02. The terms and conditions of this project have been complied with and the required work has been performed to staffs satisfaction for a final cost of $59,773.02. 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 The Church in Arcadia as part of the Rusnak expansion in the central downtown redevelopment area is being relocated to a parcel of land on the south side of Live Oak Avenue just east of Sixth Avenue. This parcel is the front lot of the City-owned Par 3 Golf Course. The Church will utilize the Golf Course driveway for access. Prior to this project, there was a landscaped median in Live Oak Avenue prohibiting left turns in or out of the driveway. This project removed a segment of that median and constructed a left turn pocket providing easier access for the Golf Course and the Church. City Council approved this project in the 2007-2012 Capital Improvement Plan utilizing $200,000 of redevelopment funds. Mayor and City Council Staff Report -Acceptance January 6, 2009 Page 2 Staff designed the median opening and left turn pocket, advertised the project for bids and opened bids on September 4, 2008. On September 16, 2008, the City Council awarded the contract to FS Construction in the amount of $58,300. DISCUSSION The purpose of this project was to make access in and out of the Par 3 Golf Course driveway at Live Oak Avenue easier. To construct the opening/left turn pocket required the removal of a large section of an existing landscaped median. The remaining portion of the median had to be repaired including replanting, hardscaping and new irrigation. Finally, the area where the median was removed had to be paved to match the rest of the roadway. Work began on November 3, 2008 and was complete November 20, 2008. There was one change order for extra work. The contractor had to replace existing valves for the water meter that was relocated. The extra cost of $1,478.02 increased the construction contract from $58,300 to $59,778.02. Staff was satisfied with the overall performance of the contractor. The materials used were in accordance with the specifications and the workmanship was good. The work was completed within schedule with no claims. FISCAL IMPACT Funds in the amount of $200,000 from Redevelopment Agency funds were budgeted in the 2007-12 Capital Improvement Program for this project. The total cost of this project was $85,560.90 comprised of a $59,778.02 construction contract, $3,900.for inspectidh` ` °'° '° and materials .testing, and $21,882.88 for survey, preparation of plans, specifications, and contract administration. Funds are available to cover all costs. RECOMMENDATION That the City Council accept all work performed complete and authorize the final payment to be contract documents. by FS Construction, Inc. as made in accordance with the Approved : . ~ 8+~.~ ~`~^.r*e--~ Donald Penman, City Manager JK:PAW:TOK:pa