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HomeMy WebLinkAboutMay 5, 2009G �yiPOR,�. y CITY OF ARCADIA 0D CITY COUNCIL/REDEVELOPMENT AGENCY *-,V� REGULAR MEETING TUESDAY, MAY 5, 2009 AGENDA 6:00 p.m. Location: City Council Chamber Conference Room, 240 W. Huntington Drive CALL TO ORDER ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: John Wuo, Mayor /Agency Chair Peter Amundson, Mayor Pro Tem /Agency Vice Chair Roger Chandler, Council /Agency Member Gary Kovacic, Council /Agency Member Robert Harbicht, 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 Government Code Section 54957.6 to confer with labor negotiators. City Negotiators William W. Floyd, Hue Quach and Michael Casalou. Employee Organizations Arcadia Public Employees Association, Arcadia City Employees, Arcadia Police Officers' Association, Arcadia Firefighters' Association and unrepresented employees: Department Heads, Division Managers and Part- time employees. STUDY SESSION a. Report, discussion and direction regarding the City's financial audit, Auditor's communication with the City Council per Statement on Auditing Standard No. 114. 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 office located at 240 W. Huntington Drive, Arcadia, Califomia, 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 Melissa MacKinon, Church of the Good Shepherd PLEDGE OF ALLEGIANCE Hue Quach, Administrative Services Director ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: Amundson, Chandler, Harbicht, Kovacic and Wuo REPORT FROM CITY ATTORNEYIAGENCY COUNSEL ON CLOSED SESSION /STUDY 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 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. Offenders. Recommended Action: Introduce 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. 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 office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. 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 Meeting Minutes of April 21, 2009. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Meeting Minutes of April 21, 2009. Recommended Action: Approve C. Adopt Ordinance No. 2256 amending various Sections of Article IX of. the Arcadia Municipal Code. Recommended Action: Adopt d. Adopt Resolution No. 6675 approving the application for Grant Funds under the Used Oil Recycling Enhancement Act. Recommended Action: Adopt e. Recommended Acton: Approve f. an additional two (2) year period. Recommended Action: Approve F1 Recommended Action: Approve h. Santa Anita Avenue and Santa Clara Avenue Project in the amount of $99.900 and approve a contingency of 10 %. Recommended Action: Approve complete and authorize the final Davment to be made in accordance with the contract documents Recommended Action: Approve 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 office located at 240 W Huntington Drive, Arcadia, California, during normal business hours. k. amount $60.000. Recommended Action: Approve Recommended Action: Approve 3. CITY MANAGER a. Review of American Recovery and Reinvestment Act Funding Requests. Recommendation: Receive and File ADJOURNMENT The City Council /Redevelopment Agency will adjourn this meeting to Tuesday, May 19, 2009, , 4:00 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 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 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 office located et 240 W. 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C: O iz 0 t 9, U �� 1-- f� N N C. 1 m z �U O U U O t �E O U a a-J ._ G c ra CL i O a Q _O Q� L O L Q� 1-1 �m L V) .E L C H ►" E cn G 3 e gg g p a U S uJ rn N O O O O V An E r{� s g 9� U W V C fu E i U O __0 N � .0 N LL fa C fo W U. > ro O U) �> r `t CL � � r{� s g 9� U C) M W V L V) Q Q) L 0 4.-J 06 V 4-J 0 0) .c 3 0 Q L 0 LL 3 MEMORANDUM Police Department DATE: May 5, 2009 TO: Mayor and City Council FROM: Robert P. Sanderson, Chief of Police SUBJECT: Ordinance No. 2257 Amending the Arcadia Municipal Code By Adding Article IV, Chapter 9.4 to Include Residency And Loitering Restrictions for Sex Offenders Recommendation: Introduce SUMMARY This ordinance adds sections 4940 through 4940.22 to Section IV, Chapter 9.4 of the Arcadia Municipal Code as authorized by Penal Code § 3003.5, which allows local ordinances that further restrict the residency of registered sex offenders convicted after November 7, 2006. This ordinance establishes a public offense for a person who violates the residency restrictions and for a person who provides residency to a registered sex offender in violation of the residency restrictions. BACKGROUND On November 7, 2006, the voters of the State of California overwhelmingly approved Proposition 83, "The Sexual Predator Punishment and Control Act," commonly referred to as "Jessica's Law," so as to better protect Californians, and, in particular, the children of this State from sex offenders. Proposition 83 enacted subdivision (b) of Penal Code Section 3003.5 which prohibits any registered sex offender, on parole to the California Department of Corrections and Rehabilitation — Division of Adult Parole Operations, from residing within 2,000 feet of any public or private school, or park where children regularly gather. Additionally, Proposition 83, as coded in subsection (c) of Penal Code Section 3003.5, authorizes municipal jurisdictions to enact local ordinances that further restrict the residency of any registered sex offender defined in subsection (c) of Penal Code Section 290, whether or not on parole or probation (convicted after November 7, 2006). DISCUSSION eave Sex offenses are among the most serious crimes committed These o ur society as they victimize the victims with life -long physical and psychological injury. extended family and the fabric of society as well and require society to provide a wide range of medical, psychological, legal, law enforcement, and other resources to combat these crimes. Traditional incarceration of sex offenders provides a measure of relief to our community; however, once a sex offender is released from jail or prison, the a son s, e recidivism specially children, fro Californians m sexual predators.additional measure s to protect Re roism According to Annette Ah Po of the California Department of Justice Violent Crime Information Center Sex Offender Tracking Program, as of August 18, 2008 there are 27,976 repeat sex offenders registered in the Violent Crime Information Network (VCIN), representing 24% of the sex offenders registered in the California database (Attachment D). The Los Angeles County Probation Department is in the process of developing a sex offender tracking database and according to probation officer Johnny Hernandez, the recidivism rate of all probationers is currently between 25 and 30 %, although sex offender rate of recidivism is slightly lower (Attachment E). Pa role & Offender Residency Pl acement The large number of sex offenders o p arole or probation creates a heavy workload for parole and probation officers who must manage caseloads of as much as 40 or more offenders per officer. When a convicted sex offender is paroled from the California Department of Corrections and Rehabilitation, the State Parole agent responsible for reintegrating the parolee into society normally returns the offender back to the county they previously resided in. This is a difficult task as no community welcomes convicted sex offenders in their midst. In many instances when community members discover that a sex offender has been paroled to their neighborhood, there has been public outcry to remove the offender from the neighborhood children of the neighborhood ghborho crimes due to fears of new sex being committed by the offender, particularly 9 Furthermore, state law prohibits sex offenders from residing within 2,000 feet of schools or parks where children gather; therefore, the locations where state parole officers may locate paroled offenders is also limited. State Parole also settles as many as six registered sex offenders at the same residential location, whether that location be a "sober living facility," apartment complex, hotel or single family residence operating as a other accommodation. The Alhambra ExamA in April 2008, Chief Jim Hudson of the Alhambra Police Department reported that their Department had discovered that State Parole had located six convicted sex offenders at the same single family residence in Alhambra. An investigation revealed that the homeowner had entered into a contract with State Parole wherein the State paid the homeowner $2,000 per offender per month for each of these six offenders to live at the residence. The homeowner is a professional with a doctorate degree who viewed the financial gain of this arrangement as more appealing than the potential danger imposed upon the neighborhood. State Parole was contacted by the Alhambra Police Department and this financial arrangement was confirmed. State Parole commented that they have a difficult time finding places for sex offenders to live and are actively looking for property owners who live outside of residency restricted areas who will contract to provide these living arrangements. In Alhambra's case, they did not have a more specific municipal ordinance restricting residency beyond the mandates of the penal code, and there were residential areas in their town that offenders could be relocated to from prison. With public support and pressure brought to bear on the State Parole Board, the six offenders were relocated out of Alhambra and the city council enacted an ordinance further restricting residency as allowed by law and to prevent any conflict with regard to land use. Chief Hudson was told by the parole representative that the State looks for municipalities that do not have restrictive ordinances so that they may relocate paroled offenders. Since April 2008, a growing list of municipalities have enacted similar residency and loitering ordinances to further restrict sex offenders from residing in areas where children frequently gather, such as public and private schools, state licensed day care facilities, and amusement centers. These ordinances also restrict multiple sex offenders from living at the same location unless related by blood, marriage, or adoption. Those municipalities include the Cities of Long Beach, Pomona, Covina, West Covina, Rosemead, South El Monte, El Monte, and the unincorporated areas of Los Angeles County (Attachment G). Arcadia's Residency & Loitering Restrictions Pursuant to the authority provided by state law, this ordinance identifies "Residential Exclusion Zones" to include areas located within two thousand (2000) feet of the closest property line of an amusement center (excluding restaurants, movie theaters or shopping malls), child care center, public or private school grades K through 12, park, public library, swimming or wading pool, commercial establishment that provides any area in or adjacent to such establishment as a children's playground, or any location that facilitates classes or group activities for children on the property, or school bus stops, in which a sex offender is prohibited from temporarily or permanently residing. Additionally, this ordinance identifies "Child Safety Zone" to include those areas located within three hundred (300) feet froMr the nearest property line of the aforementioned locations as areas where sex offenders may not loiter without lawful business. With these parameters dictated, staff identified fifty -three (53) locations in Arcadia for which these residency and child safety zone restrictions would apply (Attachment A). A map depicting these zones is attached for reference (Attachments B & C). These zones restrict approximately 85% of the residential areas of Arcadia from sex offender residency and loitering. A map depicting proposed residency restriction zones with known registered sex offenders currently residing in Arcadia is attached for reference (Attachment H). Those offenders convicted following the passing of Proposition 83 are indicated by bullet -point (Attachment 1). In addition to the identified areas that would be restricted by ordinance, there is a growing trend of "private actors" creating exclusion zones that supplement government exclusion zones. Private communities and homeowners' associations are afforded the ability to restrict who lives within that community, unless a protected class is the one being excluded. This issue was addressed in MuM an v Panthers Valley Property Owners Association, 766 A.2d 1186 (N.J. Super Ct, App. Div. 2001). The court held that a community was allowed to bar a sale to a sex offender because of a restrictive covenant. Other than this court decision, this is a new area of law without many legal citations for reference. A_Flawed But Necessary Action? Research studies conducted by the California Research Bureau, the University of Arkansas, Corey Rayburn Yung, Associate Professor of Law, John Marshall Law School, and the National Center for Missing and Exploited Children agree that the use of residency restriction zones for sex offenders are counterproductive for the purposes intended. These studies argue that most sex offenders are known. to their victims through family relationships or other close association. Secondarily, those offenders who prey upon children that are not known to them often travel a distance from their residence to commit their crimes so that they are less likely to be recognized. These studies further argue that although the courts have ruled that the creation of residency restriction zones for sex offenders is considered civil regulation and not punishment, the more that surrounding municipalities create these zones, the more that the aggregate effect becomes similar to banishment from society. Furthermore, as each municipality creates its version of residency exclusion zones, the more uncertainty is created for registered sex offenders from knowing from jurisdiction to jurisdiction of where these zones are and as more of these zones are put into place, the available areas change. As an example, if a registered sex offender purchases a home in an area not restricted by these zones and the municipality later enacts the zones, the sex offender would be forced to move or possibly separate from their family. The studies also argue that this aggregate form similar to banishment removes the offender from treatment facilities close to where they could live and makes. employment more difficult to seek. These issues and the resulting stress placed on the sex offender may possibly increase their chance of recidivism. The studies show that in states such as Iowa and Florida who have enacted similar residency restriction zones ahead of California, that the aggregate ordinances has caused a spike in the number of sex offenders who will claim that they are homeless upon release from prison or who fail to register as a sex offender once released from prison (Attachment F): In Iowa, the number of offenders not reporting their residency has doubled after the residency restrictions were enacted.' Experience also shows that unregistered sex offenders are extremely difficult for parole officers to track In California, the law provides for GPS monitoring devices to be placed on paroled sex offenders (ankle bracelets). This program thus far has only a fraction of the total sex offenders monitored and many of those first selected for monitoring are those who claim homelessness. Yet, a sex offender who decides to go underground due to the residency and reporting requirements, need only remove the monitoring device and disappear. Race to the Bottom or the "NIMBY "Effect The studies recommend better options for dealing with sex offenders such as a public health approach that includes assimilation, prevention and re -entry and tailoring solutions to particular offenders instead of a one - size - fits -all class based approach of residency restrictions. The studies also recommend judicial alternatives such as a judge's ability to impose residency restrictions as a sentencing alternative and access to risk prediction tools. These studies understand that such reform approaches are in the realm of Federal and State lawmakers and the courts and are not tools available to local municipalities. As such, there is no middle ground option available for communities and therefore, once community exclusion zones are established, a "race to the bottom" pattern or domino effect among communities neighboring one another occurs. Communities are forced with the choice of risking becoming a dumping ground for other communities' sex offenders, along with the Department of Corrections and Rehabilitation sex offender parolees, or to implement their own exclusion zones. The "NIMBY" not- in -my- backyard principle applies. Ernie Allen, President of the National Center for Missing and Exploited Children, and John Gruber, Executive Director of the Association for the Treatment of Sexual Abusers, agree that residential exclusion zones create a false sense of security for communities while the rate of sex offenders not reporting to their probation or parole officers increases as offenders are pushed underground. Finally, these studies suggest that as the aggregate number of municipalities grow to the point of virtual banishment of sex offenders from society, that the courts will modify, reverse, or otherwise change that status of current law which makes such zones legal. Arcadia's Ordinance The proposed ordinance identifies and defines residency locations to include single - family residences, duplex, hotel /motel, inn, multi - family dwellings to include apartment complexes and condominiums that sex offenders are prohibited from living within either a permanent or temporary time period. Property owners,'owner's authorized agent, and "responsible party' definitions are included as persons restricted from providing housing to sex offenders within residential exclusion zones. The ordinance prohibits more than one sex offender from living within the aforementioned dwellings unless those persons ,are legally related by blood, marriage, or adoption. Failure of a sex offender or a person providing housing to a sex offender to comply with this ordinance shall constitute a misdemeanor violation and also provides for civil actions in addition to criminal sanction. Ordinance Notification Once adopted, the Police Department is directed to send copies of this ordinance to any sex offender who, on the effective date of this ordinance, is registered as living within the City of Arcadia. The City Attorney will send copies of this ordinance to those property owners identified by the Police Department who, on the effective date of this ordinance, own single family dwellings, duplex dwellings, and /or commercial hotels, motels, and /or inns occupied by more than one sex offender. FISCA�ACT No significant cost identified at this time. RECOMMENDATION Introduce Ordinance No. 2257 amending the Arcadia Municipal Code by adding Article IV, Chapter 9.4 to include residency and loitering restrictions for sex offenders. Approved: �B-n Don Penman, City Manager ' Corey Rayburn Yung "Banishment By a Thousand Laws: Residency Restrictions on Sex offenders", available at http / /ssrn com /abstract = 959847 accessed August 2008. ATTACHMENTS ATTACHMENT A Point Bicentenniai rarK Bonita Park Skateboard Park Second/Bonita SECONDIBONITA Point Point Camino Grove Park 1420 S. Sixth Ave 1420 S. SIXTH AVE Civic Center Athletic Field 240 W. Huntington Drive 240 W. HUNTINGTON DRIVE Point Point Eisenhower Park Second /Colorado SECOND /COLORADO Point Fairview Park 542 Fairview 542 FAIRVIEW Point Forest Avenue. 132 W. Forest Ave 132 W. FOREST AVE Point Hugo Reid Park ago Reid Mlchillind/Hu MICHILLINDA/HUGO REID Point Newcastle Park 143 W. Colorado 143 W. COLORADO Point Orange Grove Park Orange Grove /Baldwin ORANGE GROVEIBALDWIN Point Par 3 Goff Course 620 E. Live Oak 620 E. LIVE OAK Second Ave /Camino Real SECOND AVEICAMINO REAL Point Tierra Verde Park Golden WesVFairview GOLDEN WEST / FAIRVIEW Point Tripolis Park 2240 Highland Oaks Drive 2240 HIGHLAND OAKS DRIVE Point Wilderness Park 301 N. Baldwin Avenue 301N. BALD IN AVENUE Point Arboretum 405 S. Santa Anita Avenue 405 S. SANTA ANITA AVENUE Point Arcadia Park Peck Road Fishing Park 5401 Peck Road 5401 PECK ROAD Point Point Santa Anita Golf Course 405 S. Santa Anita Avenue 405 S. SANTA ANITA AVENUE Point Arcadia Parent Participation 1151 S. Tenth Avenue S. TENTH AVENUE Point Emmanuel Montessori Acdmy 66 W. Duarte Rd 66 W. DUARTE RD 66 Arcadia Mon --or 1 1406 S. Santa Anita Avenue 1406S SANTA ANITA AVENUE Point 36 W. Rodell Place 36 W. RODELL PLACE Point Update Co Serendipity School 120 S. Third Avenue 120 S. THIRD AVENUE Point Point No America Kumon Class 292 E. Foothill Blvd 292 E. FOOTHILL BLVD Point Wonder Years Montessori 141 Las Tunas Drive 141 LAS TUNAS DRIVE 1135 W. Huntington Drive 1135 W. HUNTINGTON DRIVE Point Ikuei Seminar 1245W. Huntington Drive 1245 W. HUNTINGTON DRIVE Point Stanford Institute First Presbyterian School 556 Las Tunas Drive 556 LAS TUNAS DRIVE Point 66 W. Duarte Rd 66 W. DUARTE RD Point Excel Institute 62 LAS TUNAS Point Little Harvard Academy 62 Las Tunas Point Cypress Academy 66 W. Duarte Road 66 W. DUARTE ROAD Point Marie St. John 924 Arcadia Avenue 924 ARCADIA AVENUE Point Diane R. Tran 943 Fairview Avenue 943 FAIRVIEW AVENUE Point ABC Reading Center 174 W. Live Oak 174 W. LIVE OAK. Point Orbit Institute 735 W. Duarte Rd 735 W. DUARTE RD Point International Montessori 805 S. First Avenue 805 S. FIRST AVENUE Point Arcadia Learning Center 735 W. Duarte Rd 735 W. DUARTE RD Point Applied Linguistics 230 E. Foothill Blvd 230 E. FOOTHILL BLVD Point Serendipity Early Care 1111 Okobojl Drive 1111 OKOBOJI DRIVE Point Serendipity Early Care 530 Las Tunas 530 LAS TUNAS Point Arcadia Episcopal Preschool 1881 S. First Avenue 1881 S. FIRST AVENUE Paint Wonder word Preschool 2607 S. Santa Anita Avenue 2607 S. SANTA ANITA AVENI Point Arcadia Hig School 180 Campus Drive P 180 CAMPUS DRIVE Shape,' Neme Address Av =add Point Dana Middle School 1401 S. First Avenue 1401 S. FIRST AVENUE Point First Avenue Middle School 301 S. First Avenue 301 S. FIRST AVENUE Point Foothills Middle School 171 E. Sycamore 171 E. SYCAMORE Point Baldwin Stocker Elementary 422 W. Lemon 422 W. LEMON Point Camino Grove Elementary 700 Camino Grove 700 CAMINO GROVE Point Highland Oaks Elementary 10 Virginia Drive 10 VIRGINIA DRIVE Point Holly Avenue Elementary 360 W. Duarte Rd 360 W. DUARTE RD Point Hugo Reid Elementary 1000 Hugo Reid Avenue 1000 HUGO REID AVENUE Point Hugo Reid Primary 1153 De Anza Place 1153 DE ANZA PLACE Point Longley Way Elementary 2601 Longley Way 12601 LONGLEY WAY A 1-fA � meijr G 300' Child Safety Zone L— I� i ��i 37 Page 1 of I ATTACHMENT D Sanderson, Robert From: Daleo, Mike Sent: Thursday, August 21, 2008 2:23 PM To: Sanderson, Robert Subject: FW: Megan's Law Statistics From: Annette Ahpo [ mailto:Annette.Ahpo @doj.ca.gov) Sent: Thursday, August 21, 2008 1:48 PM To: Daleo, Mike Subject: Megan's Law Statistics Mike, Based on a run of the D03's Violent Crime Information Network (VCIN) database, conducted on 8/18/08., there ar6 repeat sex offenders listed. Consequently, approximately�24% of the sex offenders in the VCIN fall a in this category, Hope this information is helpful. Annette Ah Po, AGPA Department of Justice Violent Crime Information Center Sex Offender Tracking Program Ph: 916- 227 -1300 annette.ahpo @doj.ca.gov CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and /or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. 8/21/2008 Page 1 of 1 ATTACHMENT E Sanderson, Robert From: Daleo, Mike Sent: Friday, August 29, 2008 11:31 AM To: Sanderson, Robert Subject: FW: sex offenders Attachments: Community Educ 8- 26- 07.ppt From El Monte Probation. Mike Daleo, Crime Analyst Arcadia Police Department 626- 574 -5148 mdaleo @ci.arcadia. ca.us L41i "EAFORC'EllEhT.SE'\SITIiT- FOR OFFICIAL USE O:\LT Fi:4R17A'G: The information contained in this email is considered confidential and sensitive in nature as well as sensitive but unclassified andior legally privileged information. It is not to he released to the media, the general public, or to non -knn enforcement personnel who do not hm a "need -to- know ". This infonmation is not to be posted on the Internet, or disseminated through unsecured channel?, and is intended for law enforcement personnel only. It is solelvfor the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Comnntnicotions PrivacvAct. Ifvou are not the intended recipient, please contact the sender and destroy all copies of the communication. - From: Hernandez, Johnny [mailto:Johnny. Hernandez @probation.lacounty.govj Sent: Friday, August 29, 2008 11:21 AM To: Daleo, Mike Subject: sex offenders I'm sorry to inform you that our department does not keep track of the recidivism rate for sex offenders. We only keep track of all probationers and currently it is between 25 and 30% rate. With sex offenders on probation the rate should be a little lower. Based on new laws, our department will have to keep more statistics on the sex offenders. According to our leaders in the city of Downey, they are currently working to set up a method of better tracking these statistics. Here is a slide presentation that was given to us by DOJ last year. I got a copy of another slide show that was mailed to me by DOJ; I'll make a copy and give it to you next week. Enjoy the weekend! Johnny 9/5/2008 FOXNews.com - California Sex Offenders Declare Themselves Homeless to Get Around ... Page 1 of 2 �FtfX California Sex Offenders Declare Themselves Homeless to Get Around Jessica's Law Wednesday, October 31, 2007 Associated Press SACRAMENTO, Calif. — Hundreds of California sex offenders who face tough new restrictions on where they can live are declaring themselves homeless — truthfully or not— and that's making it difficult for the state to track them. Jessica's Law, approved by 70 percent of California voters a year ago, bars registered sex offenders from living within 2,000 feet of a school or park where children gather. That leaves few places Where offenders can five legally. Some who have had trouble findi ace to li are avo are re- arrest by reporting — falsely, n some homeless. Experts say it is hard to monitor sex offenders when they lie about their address or are living day - today in cheap hotels, homeless shelters or on the street. it also means they may not be getting the treatment they need. "We could potentially be making the world more dangerous rather than less dangerous," said therapist Gerry Blasingame, past chairman of the California Coalition on Sexual Offending. Similar laws in Iowa and Florida have driven offenders underground or onto the streets. "They drop off the registry because they don't want to admit living in a prohibited zone," said Corwin Ritchie, executive director of the association of Iowa prosecutors. The organization tried unsuccessfully in the past two years to persuade lawmakers to repeal the state's 2,000400t residency restriction. "Most legislators know in their hearts that the law is no good and a waste of time, but they're afraid of the politics of it," Ritchie said. The problem is worsening in Florida as about 100 local ordinances add restrictions to the state's 1,000 -foot rule, said Florida Corrections Department spokeswoman Gretl Plessinger. Sixteen homeless offenders are now living under a Miami bridge, while another took to sleeping on a bench outside a probation office. "As society has imposed restrictions, it becomes almost impossible for them to find places to live." Plessinger said. Twenty -two states have distance restrictions varying from 500 feet to 2,000 feet, according to California researchers. But most impose the offender -free zones only around schools, and several apply only to child molesters, not all sex offenders. California's law requires parolees to live in the county of their last legal residence. But in San Francisco, for example, all homes are within 2,000 feet of a school or park. http://www.foxnews.com/printer—friendly story/0,3 566,307080,00.htm1 9/5/2008 FOXNews.com - California Sex Offenders Declare Themselves Homeless to Get Around ... Page 2 of 2 "The state is requiring parolees to find eligible housing in San Francisco, knowing full well there isn't any," said Mike Jimenez, president of the California parole officers union. "It will be impossible for parole agents to enforce Jessica's Law in certain areas, and encouraging 'transient living arrangements just allows sex offenders to avoid it altogether." State a 27 percent tincrease in homelessness among California's 67,000, registered sex offenders since the law took effect in November 2008 Since August, the number of offenders with no permanent address rose by 560 to 2,622. "This is a huge surge," said Deputy Attorney General Janet Neeley, whose office maintains the database. "Any law enforcement officer would tell you we would prefer to have offenders at addresses where we can locate them" Offenders who declare themselves homeless must tell their parole officer each day where they spent the previous night Those who declare themselves homeless are still legally bound by the 2,000 -foot rule; they cannot stay under a bridge near where children gather, for example. But it is more difficult for parole officers to keep tabs on them. Parole officers said some offenders are registering as homeless, then sneaking back to homes that violate the law. Thats easy to do because fewer than 30 percent of transient offenders currently wear the Global Positioning System tracking devices required by Jessica's Law. "If they tell you that they were under the American River bridge, we're going to take that at face value," said Corrections Department spokesman Bill Sessa, referring to a homeless hangout in Sacramento. During a recent sweep in the Oakland area, parole officers discovered that two of the five offenders they checked weren't Irving in the temporary shelters they had reported as their new homes. Neither had been issued a GPS device. Department spokesman Seth Unger said parole agents are starting to make the homeless a priority in issuing the GPS ankle bracelets, which are still being phased in. R.L., a 42- year -old sex offender who lives near Disneyland in Southern California, said he registered as homeless after his parole agent told him two potential homes were too close to schools or parks. "I finally asked, 'Where do you want me to liver He said, 'You have a car, don't you ? "' said R.L., who asked that his full not be used because of the stigma surrounding sex offenders. The law was named for 9- year -old Jessica Lunsford, who was kidnapped, raped and buried alive by a convicted sex offender near her Florida home in 2005. The author of Jessica's Law, state Sen. George Runner, said "90 percent' of it is working well. But he conceded that some portions need to be fixed. "When the voters voted for this, they decided that they didn't want a child molester to live across the street from a school," said Runner, a Republican from Lancaster in Los Angeles County's high desert. "If that means that in some areas that needs to be 1,000 feet or 1,500 feet, then I think that we still accomplish what it is the voters wanted." SEARCH Click here for FOX News RSS Feeds Advertise on FOX News Channel, FOXNews.com and FOX News Radio Jobs at FOX News Channel. Internships At Fox News (Summer Application Deadrine ls March 15, 2007) Terms of use. Privacy Statement. For FOXNews.com comments write to foxnewsonline@foxnews.com; For FOX News Channel comments write to comments@foxnews.com ® Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Copyright 2008 FOX News Network, I.I.C. All rights reserved. All market data delayed 20 minutes. http:// www .foxnews.com /printer_fiiendly _story/0,3566,307080,00.html 9/5/2008 ATTACHMENT G � REV - �. Cl?Y OF ARCADIA fp s �'� II�[X IIpZ�J�Y�T�BII l 17 2009 AI E c-- ,x +._ 151t ij xr � s a,NAGER �M1A MICHAEL D. ANTONOVICH SUPERVISOR February 12, 2009 Don Penman, City Manager. City of Arcadia Post Office Box 60021 Arcadia, CA 91066 -6021 Dear Mr. Penman: On January 27, 2009, the Board of Supervisors unanimously approved my motion to adopt the enclosed.ordinance which imposes additional residential restrictions on sex offenders. This action also included a request of the Sheriff to provide a report in one year as to the effectiveness and /or any unintended consequences of the ordinance along with any necessary recommendations. Currently, the cities of Palmdale, West Covina, El Monte, Long Beach and Pomona have adopted similar ordinances. However, to ensure consistency for a countywide effort, it would be helpful if your city adopted a similar ordinance. Thank you and best regards. Sincerely, MICHAEL TONOVICH Supervisor MDA:apg Enclosure ROOM 669 KENNETH HAHN HALL OF ADMINISTRATION, 500 WEST TEMPLE STREET, LOS ANGELES, CALIFORNIA 90012 Tci �Ownnic r91'i1 q74 -5555 • FAX (213) 974 -1010 • WEBSITE http: /Iantonovich.co. • E -MAIL fifthdistrict @lacbos.org ANALYSIS This ordinance amends Title 13 — Public Peace, Morals and Welfare of the Los Angeles County Code to add Chapter 13.59 to impose residency and loitering restrictions on registered sex offenders.in the unincorporated areas of the County of Los Angeles. RAYMOND G. FORTNER, JR. County Counsel By F� ? _. LAWRENCE L. HAFETZ Principal Deputy County Counsel Property Division LH;sh 10/1108 (requested) 10/31/08 (revised) 511135 3 ORDINANCE NO. An ordinance amending Title 13 — Public Peace, Morals and Welfare of the , to add Chapter 13.59, to impose residency and loitering Los Angeles County Code restrictions on registered sex offenders in the unincorporated areas of the County of Los Angeles. The Board of Supervisors of the County of Los Angeles ordains as follows: SECTION 1. Chapter 13.59 is hereby added to Title 13 — Public Peace, Morals -,d Welfare as> ows: Chapter 13.59 D SEX OFFENDERS SECTIONS: 13.59.010 13.59.020 13.59.030 13.59.040 13.69.050 13.59.060 13.59.070 13.59.080 13.59.090 Legislative findings. Definitions. Registered sex offender prohibitionichild safety zone. Registered sex offender prohibitionlresidential exclusion zone. Registered sex offender prohibitionlsingle - family and multi- family "dwetlings: " Registered sex offender prohibition/hotels. Responsible party prohibitionlsingle - family and multi- family dwellings. Responsible party prohibitions/hotels. Eviction requirements. 511135_3 13.59.100 Penaltylenforcement. 13.59.110 Applicability. Section 13.59.010 Legislative findings. A. On November 7, 2006, the voters of the State of California overwhelmingly approved Proposition 83, the Sexual Predator Punishment and Control Act, commonly referred to as Jessica's Law, so as to better protect Californians, and in particular, to protect the children of California from sex offenders; B. Proposition 83, as codified in subsection (b) of California Penal Code section 3003.5, prohibits any person who is required to register as a sex offender under Penal Code section 290 (hereinafter referred to as a "registered sex offender ") from residing within 2,000 feet of any public or private school, or any park where children regularly gather; C. Proposition 83, as codified in subsection (c) of Penal Code section 3003.5, authorizes local governments to enact ordinances that further restrict the residency of any registered sex offender; D. Subsection (a) of Penal Code section 3003.5, enacted in 1998 prior to Proposition 83, prohibits registered sex offenders who are on parole from residing in a "single- family dwelling" with another registered sex offender during the parole period; unless those persons are legally related by blood, marriage, or adoption. For purposes of this state statute, "single- family dwelling" does not include a residential facility such as a group home that serves six or fewer persons; 5111353 2 E, There are approximately 1438 registered sex offenders in the unincorporated areas of the County of Los Angeles ( "County ") and approximately 397 of these registered sex offenders are on parole; F. The County is concerned with recent occurrences within the County and elsewhere in California where multiple registered sex offenders have been residing together in violation of Penal Code section 3003.5; G. By enacting Chapter 13.59, the County intends to eliminate any potential conflict of land uses in residential neighborhoods and to reduce the potential dangers associated with multiple registered sex offenders living near families with children and places where children frequently gather. Chapter 13.59 also regulates the number of registered sex offenders permitted to reside in multiple family dwellings; H. In addition to public and private schools and local parks, the County further finds that other public places that children frequently gather, such as child care centers, should also be protected from registered sex offenders; In order to foster compliance with the intent of this ordinance, Chapter 13.59 also establishes regulations for property owners who rent residential facilities to registered sex offenders; J. Based on County data, once this ordinance becomes effective, there will be 120 remaining square miles within the County's residential zones where registered sex offenders can still reside; and K. This ordinance is required for the preservation of the public peace, health, and safety of the citizens of the County. 3 511135_3 Section 13.59.020 Definitions. For purposes of this Chapter, the following definitions shall apply: A. "Child" or "children" shall mean any person(s) under the age of eighteen (18) years of age. B. "Child care center" shall mean any licensed facility of the State of California, Department of Social Services, that provides non - medical care to children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of children on less than a twenty -four (24) hour basis, including, but not limited to, a family day care home, infant center, preschool, extended -day care facility, or school -age child care center. C. "Child safety zone" shall include any area located within three hundred (3D0) feet from the nearest property line of a child care center, public or private school (grades K through 12), park, public library, commercial establishment that provides a child's playground either in or adjacent to the establishment, a location that holds classes or group activities for children, and /or any school bus stop. D. "Hotel" shall mean a commercial establishment that rents guest rooms or suites to the public on a nightly, weekly, or monthly basis, and shall include and an inn that operates in such capacity. E. "Loiter" shall mean to delay, linger, or idle about a child safety zone with the intent to commit a sex offense for which registration is required under Penal Code section 290. 511135_3 4 F. "Multi- family dwelling" shall mean a residential structure designed for the permanent residency of two (2) or more individuals, groups of individuals, or families living independently. This definition shall include a duplex, apartment house, and a condominium complex, but shall not include a hotel. G "Owner's authorized agent" shall mean any natural person, firm, association, joint venture, joint stock company, partnership, organization, club, company, limited liability company, corporation, business trust, manager, lessee, servant, officer, or employee, authorized to act for the property owner. H. "Park" shall include any areas owned, leased, controlled, maintained, or managed by a public entity which are open to the public where children regularly gather and which provide recreational, cultural, and/or community service activities including, but not limited to; playgrounds, playfiields, and athletic courts. 1. "Permanent resident" shall mean any person who on a given date, has obtained a legal right to occupy or reside in, or has already, as of that date, occupied or resided in, a single - family or multi - family dwelling or a hotel, for more than thirty (30) consecutive days. . J. "Property owner" shall include the owner of record of real property, as recorded in the office of the county registrar- recorder /county clerk, as well as any partial owner, joint owner, tenant, tenant -in- common, or joint tenant, of such real property. K. 'Registered sex offender" shall mean any person who is required to register under section 290 of the. California Penal Code, regardless of whether or not that person is on parole or probation. . 5 11 135_3 5 L. "Residential exclusion zone" shall mean any area located within two thousand (2,000) feet from the nearest property line of the subject property to the, nearest property line of a child care center, public or private school (grades K through 12), park, or public library M. "Responsible party" shall mean a property owner and /or a property owner's authorized agent. N. "Single- family dwelling" shall mean one permanent residential dwelling located on a single lot. For purposes of this Chapter, single - family dwelling shall not include any state- licensed residential facility which serves six or fewer persons. O. "Temporary resident" shall mean any person who, on a given date, has obtained a legal right to occupy or reside in, or has already, as of that date, occupied or resided in, a single - family or multi - family dwelling or a hotel, for a period of thirty (30) consecutive days or less. Section 13.59.030 Registered sex offender prohibition /child safety zone. A registered sex offender shall be prohibited from loitering in a child safety zone, Section 13.59.040 Registered sex offender prohibition /residential exclusion zone. A registered sex offender shall be prohibited from becoming a permanent or temporary resident in any residential exclusion zone. Section 13.59.050 Registered sex offender prohibition /single- family and mull- family dwellings. A. Same dwelling. A registered sex offender shall be prohibited from renting or otherwise occupying a single - family dwelling or a unit in a multi- family dwelling with 511135_3 6 another registered sex offender, regardless of the permanent or temporary residential status of either registered sex offender, unless those persons are legally related by blood, marriage, or adoption. B. Multiple dwellings. A registered sex offender shall be prohibited from renting or otherwise occupying a unit in a multi- family dwelling as a permanent resident if there is another unit in that multi - family dwelling that is already rented or otherwise occupied by a registered sex offender as a permanent resident, unless those persons are legally related by blood, marriage, or adoption. C. Temporary residency. A registered sex offender shall be prohibited from renting or otherwise occupying any single - family dwelling or any unit in a multi - family dwelling as a temporary resident. Section 13.59.060 Registered sex offender prohibition /hotels. A. Same hotel room. A registered sex offender shall be prohibited from renting or otherwise occupying the same guest room in a hotel with another registered sex offender, regardless of the permanent or temporary residential status of either registered sex offender, unless those persons are legally related by blood, marriage, or adoption. B. Separate hotel rooms. A registered sex offender shall be prohibited from renting or otherwise occupying a guest room in a hotel as a permanent resident if there is another guest room in that hotel that is already rented or otherwise occupied by a registered sex offender as a permanent resident, unless those persons are legally related by blood, marriage, or adoption. 5111353 7 Section 13.59.070 Responsible party prohibition /single- family and multi- family dwellings. A. Same dwelling. A responsible party shall be prohibited from knowingly allowing a single - family dwelling or a unit in a multi- family dwelling to be rented or otherwise occupied by more than one registered sex offender, regardless of the permanent or temporary residential status of either registered sex offender, unless those persons are legally related by blood, marriage, - or adoption. B. Multiple dwellings. A responsible party shall be prohibited from knowingly allowing more than one unit in a multi- family dwelling to be rented or otherwise occupied by a registered sex offender as a permanent resident, unless those persons are legally related by blood, marriage, or adoption. C. Temporary residency. A responsible party shall be prohibited from knowingly allowing a single - family dwelling or any unit in a multi - family dwelling to be rented or otherwise occupied by a registered sex offender as a temporary resident. Section 13.59.080 Responsible party prohibition /hotels. A. Same hotel room. A responsible party shall be prohibited from knowingly allowing a guest room in a hotel to be rented or otherwise occupied by more than one registered sex offender, regardless of the permanent or temporary residential status of either registered sex offender, unless those persons are legally related by blood, marriage, or adoption. 511135L3 8 B. Separate hotel rooms. A responsible party shall be prohibited from knowingly allowing a guest room in a hotel to be rented or otherwise occupied by a registered sex offender as a permanent resident if there is already a registered sex offender renting or otherwise occupying another guest room in that hotel as a permanent resident, unless those persons are legally related by blood, marriage, or adoption. Section 13.59.090 Eviction requirements. If, in order to comply with Section 13.59.070 or Section 13.59.080, a responsible party is required to terminate a registered sex offender's tenancy or other occupancy, the responsible party shall comply with all applicable state law procedures and requirements governing the eviction of tenants of real property. If, in accordance with these procedures and requirements, a court determines that such termination is improper, the responsible party shall not be in violafion of this Chapter 13.59 by. allowing the registered sex offender to remain as a tenant or other occupant. c Section 13.59.100 Pena ltylenforcement. Notwithstanding any other penalty provided by this Code or otherwise by law, any person who violates this Chapter 13.59 shall be guilty of a misdemeanor and, in addition, the County may enforce the violation by means of a civil enforcement process through a restraining order, a preliminary or permanent injunction, or by any other means available by law. 511135_3 9 Section 13.59.11 D Applicability. The provisions of this chapter shall not apply to: A. Tenancies or other occupancies which commenced prior to the effective date of this ordinance, or to the renewals of any such tenancies or occupancies; or B. A registered sex offender who committed the offense resulting in such registration prior to the effective date of this ordinance, 11359LHCCI 5111353 1 (] ATTACHMENT March 19, 2009 LAST NAME ADDRESS GEVORGIAN 212 E COLORADO ROBERTS 474 W DUARTE, #33 DIMMICK 805 FAIRVIEW, #6 CHURCHILL 1724 S. MAYFLOWER ABOLTIN 124 S. SANTA ANITA, 205 JACQUES 1147 ARCADIA, #2 RODRIGUEZ 825 FAIRVIEW, #6A FONG M'A 2809 WARREN WAY LIN 48 E. RODELL MC CAIN, 1224 W. HUNTINGTON • HICKS 715 S. OLD RANCH, #10 GRAVES 743 FAIRVIEW, 8C WOOLSEY 250 W. HUNTINGTON LUCAS 726 S. THIRD CRICKS 605 S. BALDWIN, 8 TIFFANY 250 W. COLORADO e BOWEN 627 S. BALDWIN, B l BUSTAMANTE 631 S. BALDWIN, B s WATSON 303 S. BALDWIN, E POZGAJ 1150 FAIRVIEW, #205 HEYLEK 1032 GREENFIELD p KAZMI. 58 W. PALM p NORIEGA. 605 S. BALDWIN, 3 CLAPP 28 W. CAMINO REAL NELSON 320 SAN LUIS REY QMEZA 936 HAMPTON e CLARK 415 S. BALDWIN, #2 p FLOREA 225 W. COLORADO PL 131 1 ORDINANCE NO. 2257 AN ORDINANCE OF THE CITY COUNCIL .OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING ARTICLE IV, CHAPTER 9.4 TO INCLUDE RESIDENCY AND LOITERING RESTRICTIONS FOR SEX OFFENDERS WHEREAS, on November 7, 2006, the voters of the State of California overwhelmingly approved Proposition 83, "The Sexual Predator Punishment and Control Act," commonly referred to as "Jessica's Law," so as to better protect Californians, and, in particular, the children of this State from sex offenders; and WHEREAS, Proposition 83 enacted subsection (b) of Penal Code Section 3003.5 which prohibits any registered sex offender, on parole to the California Department of Corrections and Rehabilitation — Division of Adult Parole Operations, from residing within 2,000 feet of any public or private school, or park where children regularly gather; and WHEREAS, Proposition 83, as it is codified in subsection (c) of Penal Code Section 3003.5, authorizes municipal jurisdictions to enact local ordinances that further restrict the residency of any registered sex offender defined in subsection (c) of Penal Code Section 290, whether or not on parole or probation; and WHEREAS, the City Council of the City of Arcadia has determined that the factors set forth in Section 2 of Proposition 83, including the high recidivism rate 1 of sex offenders and the frequency with which they prey on victims under the age of 18, make it incumbent upon the City of Arcadia to enact such additional restrictions on sex offenders to prevent the increased potential for sex offenders' victimization of children; and WHEREAS, local ordinances authorized by subsection (c) of Penal Code Section 3003.5 are permitted to regulate the number of registered sex offenders that reside in a residential facility, including those facilities which serve six or fewer persons commonly referred to as sober living facilities, and are considered a single family dwelling pursuant to Health and Safety Code Section 1566.3; and WHEREAS, the City is concerned with recent occurrences in California, where multiple registered sex offenders have been residing in single family dwellings in violation of subsection (a) of Penal Code Section 3003.5; and WHEREAS, because this Arcadia Municipal Code Chapter 9.4 is intended to eliminate any potential conflict of land uses in residential neighborhoods and to reduce the potential dangers associated with multiple sex offenders living near families with children and places where children frequently gather, coupled with the fact that subsection (a) of Penal Code Section 3003.5 expressly refers to "single family dwellings" as opposed to multiple family dwellings, this Chapter 9.4 shall also regulate the number of registered sex offenders permitted to reside in multiple N family dwellings; and WHEREAS, in addition to public and private schools and parks, the City further finds that California State licensed day care facilities are necessarily included as places where children frequently gather; and WHEREAS, there is currently no State or local ordinance that prohibits registered sex offenders from loitering near places where children congregate, therefore this Chapter 9.4 shall also prohibit registered sex offenders from loitering within a 300 foot radius from locations where children gather; and WHEREAS, in order to foster compliance with the intent of this ordinance, this Chapter 9.4 shall also establish regulations of registered sex offenders and the property owners who rent to them; and WHEREAS, the City believes restricting sex offenders access to the locations where children gather will further public safety; and WHEREAS, this ordinance is required for the immediate preservation of the public peace, health and safety; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: 3 SECTION 1. Article IV, Chapter 9.4 of the Arcadia Municipal Code is hereby added to read as follows: "CHAPTER 9.4 SEX OFFENDER RESIDENCY AND LOITERING RESTRICTIONS 4940. PURPOSE. This Chapter is hereby adopted and established to protect children from registered sex offenders by limiting the sex offenders' access to locations where children gather and shall be known as the Sex Offender Residency and Loitering Restrictions. It is the intent of this Chapter to reduce the risk of harm to children by impacting the ability of sex offenders to be in contact with them. It is further the intent of this Chapter to provide additional restrictions beyond those provided for in Proposition 83 by adding locations to the residence restrictions of Proposition 83, by restricting sex offenders from accessing certain limited locations, and by allowing for both criminal and civil remedies. It is not the intent of this ordinance to allow conduct otherwise prohibited by federal or state law, or to contradict federal or state law. Lf 4940.1. DEFINITIONS. For purposes of this Chapter only, and unless the context clearly requires a different meaning, the words, terms and phrases set forth in this Section are defined as follows: A. "Amusement Center" shall mean any establishment open to the public that provides entertainment directed at children, or whose play equipment is primarily used by children. It includes but is not limited to places like Chuck E. Cheese, the zoo, children's museums, arcades, dance studios, art studios and laser tag facilities, so long as the primary users of the establishments are children. It does not include restaurants, movie theaters or shopping malls. B. "Child" or "Children" shall mean any person(s) under the age of eighteen (18) years of age. C. "Child Care Center" shall, mean any State of California, Department of Social Services licensed facility that provides.non- medical care to children in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty four (24) hour basis, including but not limited to a family day care home, infant center, preschool, extended -day care facility, or school -age child care center. D. "Child Safety Zone" shall include those areas located within three hundred (300) feet from the nearest property line of an amusement center, child care center, public or private school grades K through 12, park, public library, swimming or wading pool, commercial establishment that provides any area in or adjacent to such establishment as a children's playground or any location that facilitates classes or group activities for children on the property, or school bus stops. E. "Duplex" shall mean a residential land use for a building containing two dwelling units. 5 F. "Hotel/Motel" shall mean a commercial land use for the rental of six (6) or more guest rooms or suites for primarily temporary residency for a period of not more than thirty (30) consecutive days. G. "Inn" shall mean a commercial land use for the rental of five (5) or fewer guest rooms or suites primarily for temporary residency for a period of not more than thirty (30) consecutive days. H. "Loiter" shall mean to delay, linger, or idle without lawful business, intent or purpose for being present. I. "Multi - family Dwelling" shall mean a building designed for permanent residency for three (3) or more families living independently of each other. This includes apartment houses and condominiums, but does not include hotels, motels, or inns. J. "Owner's Authorized Agent" shall mean any natural person, firm, association, joint venture, joint stock company, partnership, organization, club. company, corporation, business trust or the manager, lessee, agent, servant, officer or employee authorized to act for the owner of a property. K. "Park" shall include any areas publicly owned, leased. controlled, maintained or managed by a city or county which are open to public use for recreational, cultural and community service activities, and include, but are not limited to, beaches, playgrounds, playfields, athletic courts, and dog park recreation areas. L. "Permanent Resident" shall mean any person who, as of a given date, obtained the right to occupy a dwelling including but not limited to a Duplex. Multi- family Dwelling, Single Family Dwelling. Hotel. Motel or Inn for more than thirty (30) consecutive days. M. "Property Owner" as applied to buildings and land shall mean the owner of record of any parcel of real property as designated on the county assessor's tax roll, or a holder of a subsequently recorded deed to the property, and shall include any part owner, joint owner, n tenant, tenant in common, or joint tenant of the whole or a part of such building'or land. N. "Public Forum" shall include public property where constitutionally protected activities of expression and assembly, such as demonstrations, may take place. O. "Residential Exclusion Zone" shall include those areas located within two thousand (2,000) feet of the closest property line of an amusement center, chil ark � public library, wmim p riva t e grades K through 12, park, or wading , P pool, commercial establishment that provides ' any area in or adjacent to such establishment as a children's playground, or any location that facilitates classes or group activities for children on the property, or school bus stops, in which a sex offender is prohibited from temporarily or permanently residing. P. "Responsible Party" shall mean the Property Owner and/or the Owner's Authorized Agent. Q. "Sex Offender" means any person for whom registration is required pursuant to Section 290 of the California Penal Code, regardless of whether that person is on parole or probation. R. "Single Family Dwelling" means one (1) permanent residential dwelling located on a single lot with yard areas that separate that dwelling from other dwellings. S. "Temporary Resident" means any person who, for a period of thirty (30) days or less, obtained the right to occupy a dwelling including but not limited to a Hotel, Motel or Inn. 4940.2. MEASURE OF DISTANCE. The Child Safety Zone and Residential Exclusion Zone are measured in a straight line, in all directions, without regard for intervening structures, 7 from the closest property line of the subject properties listed in the definitions for Child Safety Zone and Residential Exclusion Zone. 4940.3. VIOLATION OF CHILD SAFETY ZONE. No Sex Offender shall Loiter in a Child Safety Zone. However, a Sex Offender may pass through a Child Safety Zone if there are no alternative reasonable routes to reach a destination. In addition, a Sex Offender may engage in activities such as, but not limited . to, voting and expressive activities in Child Safety Zones that are Public Forums. 4940.4. VIOLATION OF RESIDENTIAL EXCLUSION ZONE. No Sex Offender shall be a Permanent or Temporary Resident within a Residential Exclusion Zone. 4940.5. SEX OFFENDER VIOLATION — SINGLE FAAHLY DWELLINGS. No Sex Offender shall be a Permanent or Temporary Resident in a Single Family Dwelling already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption. I 4940.6. SEX OFFENDER VIOLATION — MULTI -FAMLY DWELLINGS. No Sex Offender shall be a Permanent or Temporary Resident of a Multi - family Dwelling already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption. 4940.7. SEX OFFENDER VIOLATION — DUPLEX DWELLINGS. No Sex Offender shall be a Permanent or Temporary Resident in a Duplex Dwelling already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption. 4940:8. HSEX OLATION OTELIMOEL" ROOMS. — No Sex Offender shall be a Permanent or Temporary Resident in a guest room of a Hotel, Motel, or Inn already occupied by a Sex Offender, unless those persons are legally related by blood, marriage or adoption. 4940.9. HOTELIMO ELANN PERMANENT RESIDENT. No Sex Offender shall be a Permanent Resident in any guest room of a Hotel, Motel, or Inn wherein a separate and distinct guest room is already occupied by a Sex Offender as a Permanent Resident. I 4940.10. RESPONSIBLE PARTY VIOLATION — SINGLE FAMILY DWELLINGS. No Responsible Party shall knowingly rent a Single Family Dwelling to more than one (1) Sex Offender during any given period of tenancy, unless those persons are legally related by blood marriage or adoption. 4940.11. RESPONSIBLE PARTY VIOLATION — SINGLE FAMILY DWELLING TEMPORARY USE. No Responsible Party shall knowingly rent a Single Family Dwelling to a Sex Offender as a Temporary Resident. 4940.12. RESPONSIBLE PARTY VIOLATION — MULTI- FAMILY DWELLINGS. No Responsible Party shall knowingly rent a unit within a Multi- family Dwelling to more than one (1) Sex Offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. 4940.13. RESPONSIBLE PARTY VIOLATION — MULTI- FAMILY DWELLINGS MULTIPLE UNITS. No Responsible Party shall knowingly rent more than one (1) unit within a Multi- family Dwelling to a Sex Offender during any given period of tenancy. 10 4940.14. RESPONSIBLE ILY DWELLINGS TEMPORARY VIOLATION-MULTI USE- SE. No Responsible Party shall knowingly rent any unit in a Multi- family Dwelling to a Sex Offender as a Temporary Resident. 4940.15. RESPONSIBLE PARTY VIOLATION — DUPLEX DWELLINGS. No Responsible Party shall knowingly rent a unit within a Duplex Dwelling to more than one (1) Sex Offender during any given period of tenancy, unless those persons are legally related by blood, marriage or adoption. 4940.16. RESPONSIBLE PARTY VIOLATION — DUPLEX DWELLINGS MULTIPLE UNITS. No Responsible Party shall knowingly rent more than one (1) unit within a Duplex Dwelling to a Sex Offender during any given period of tenancy. 4940.17. RESPONSIBLE PARTY VIOLATION- DUPLEX DWELLINGS TEMPORARY USE. No Responsible Party shall knowingly rent any unit in a Duplex Dwelling to a Sex' Offender as a Temporary Resident. 11 4940.18. RESPONSIBLE PARTY VIOLATION — HOTEL/MOTEL/INN. No Responsible Party shall knowingly rent a guest room in a Hotel, Motel, or Inn to more than one (1) Sex Offender, unless those persons are legally related by blood, marriage or adoption. 4940.19. RESPONSIBLE PARTY VIOLATION — HOTEL/MOTEL/INN PERMANENT RESIDENT. No Responsible Party shall knowingly rent more than one (1) guest room in a Hotel, Motel or Inn to a Sex Offender as a Permanent Resident. 4940.20. MISDEMEANOR. Failure to comply with the above sections and any condition related thereto shall constitute a misdemeanor violation of this Code. 4940.2.1. CRIMINAL PENALTIES DO NOT SATISFY ADMINISTRATIVE OR CIVIL ACTIONS. Neither the arrest, prosecution, conviction, imprisonment, or payment of any fine for the violation of Chapter 9.4 shall satisfy or diminish the authority of the City to institute administrative or civil actions seeking enforcement of any or all of the provisions of this Chapter. 4940.22. CIVIL ACTIONS. Any person required to comply with any or all of the provisions of Chapter 9.4 shall be liable in an action filed by the City in any court of 12 competent jurisdiction in order to enforce such provision and to pay such reasonable costs of the suit as the court may deem appropriate, including any and all attorney's fees incurred by the City in the prosecution of said enforcement action. SECTION 2. The Arcadia Police Department is directed to send copies of this ordinance to any Sex Offender who, on the effective date of this ordinance, is registered as living within the City of Arcadia. SECTION 3. The City of Arcadia, Office of the Arcadia City Attorney, is directed to send copies of this ordinance to those Property Owners identified by the Arcadia Police Department who, on the effective date of this ordinance, own Single Family Dwellings, Multi- family Dwellings, Duplex Dwellings, and/or commercial Hotels, Motels, and/or Inns occupied by more than one Sex Offender. SECTION 4. If any section, subsection, subdivision paragraph, sentence, clause or phrase of this chapter or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrases be declared unconstitutional. 13 SECTION 5. The City Clerk shall certify to 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 the thirty-first (31") day after its adoption. Passed, approved and adopted this day of , 2009. Mayor of City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: P. Stephen P. Deitsch City Attorney 14 51:0057 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, APRIL 21, 2009 CALL TO ORDER Mayor Harbicht called the meeting to order at 7:00 p.m. INVOCATION Reverend Jolene Cadenbach, Arcadia Congregational Church PLEDGE OF ALLEGIANCE Assistant City Manager /Public Works Director Pat Malloy ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None 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 Chandler and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PUBLIC COMMENTS Joan Tsao, representing the Southern California Association of Governments ( "SCAG ") invited the City Council to attend the 2009 Southern California Association General Assembly on May 7 and 8 in La Quinta, California. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Meeting Minutes of April 7, 2009. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Meeting Minutes of April 7. 2009. Recommended Action: Approve 04 -21 -2009 51:0058 C. A motion was made by Council Member Chandler seconded by Council Member Amundson and carried on roll call vote to approve items 1.a through 1,c on the City Council /Agency Consent Calendar. AYES: Council /Agency Member Chandler, Amundson, Kovacic, Wuo and Harbicht NOES: None ABSENT: None 2. PRESENTATION TO OUTGOING MAYOR ROBERT HARBICHT Presentation by Mayor Rob Hammond, City of Monrovia Presentation by Mayor Pro Tern John Wuo on behalf of Governor Arnold Schwarzenegger Presentation by Mayor Pro Tern John Wuo on behalf of State Senator Dianne Feinstein Presentation by Carlos Cortez on behalf of Congressman David Dreier Presentation by David Monroy on behalf of State Senator Bob Huff Presentation by Steve Johnson on behalf of Assembly Member Anthony Adams Presentation by Steve Johnson on behalf of County Supervisor Michael Antonovich Presentation by Mayor Pro Tem John Wuo on behalf of Assembly Member Anthony Portantino Presentation by Dr. Joel Shawn and Joann Steinmeier on behalf of the Arcadia School District Presentation by Judy R. Pons on behalf of Arcadia Chamber of Commerce Presentation by Bruce McCallum on behalf of the Rotary Club of Arcadia Presentation by Sho Tay on behalf of Arcadia Chinese Association Presentation by Jack Pan on behalf of the San Gabriel Valley Council Boy Scouts of America Presentation by Mayor Pro John Wuo on behalf of the City of Arcadia REMARKS BY OUTGOING MAYOR ROBERT HARBICHT Mayor Harbicht thanked everyone for the presentations; he introduced members of his family who were in attendance; he thanked the City Council and the citizens for their confidence and support. He thanked Mary Buttice, Linda Garcia, Connie Schacatano and Kristen Olafson of the City Manager's office for their assistance during his term and City Manager Don Penman for his efforts on behalf of the citizens as well as all City staff for providing great service to the citizens of Arcadia. 3. REORGANIZATION OF THE CITY COUNCIL a. City Clerk James Barrows called for the nomination of Office of the Mayor of Arcadia. Mayor Pro Tern John Wuo was nominated by Mayor Robert Harbicht. Noting no further names, the nomination was closed. AYES: Council Member Amundson, Chandler, Kovacic, Wuo and Harbicht NOES: None 04 -21 -2009 51:0059 b. Mayor Wuo called for the nomination of Office of the Mayor Pro Tempore of Arcadia. Council Member Peter Amundson was nominated by Council Member Kovacic. Noting no further names, the nomination was closed. AYES: Council Member Chandler, Harbicht, Kovacic, Wuo and Amundson NOES: None 4. REMARKS AND INTRODUCTIONS BY MAYOR WUO Mayor Wuo introduced members of his family who were in attendance; he thanked his friends who were present for their continued support and the City Council and City staff. He announced the theme for his year as Mayor is "Arcadia, the Tradition Continues." He noted that because the Fourth of July Fireworks Show was cancelled due to budget constraints, he would like to suggest a cost effective city -wide barbeque at either Wilderness Park or the County Park to carry on the City's tradition of coming together to celebrate; he encouraged residents to get involved as Code Enforcement volunteers to help keep Arcadia clean and in harmony; he noted the increase of burglaries and thefts in Arcadia and urged residents to get involved by assisting the police when suspicious activity is observed in order to keep up the tradition of making Arcadia the best place to live and raise children. Council Member Harbicht introduced his son Rob and two grandsons Patrick and Robert. 5. REMARKS AND INTRODUCTIONS BY MAYOR PRO TEMPORE AMUNDSON Mayor Pro Tem Amundson introduced and thanked members of his family who were in attendance for their support. He thanked Mr. Harbicht for his year of leadership as Mayor and congratulated Mayor Wuo. He commented on Arcadia traditions and budget challenges. 6. REMARKS AND INTRODUCTIONS BY COUNCIL MEMBERS Council Member Kovacic congratulated Mayor Wuo; he introduced his family who were in attendance and his children who were unable to attend. He congratulated Mr. Harbicht on his year as Mayor. He noted the City's fiscal challenges and discussed the "social contract" concept that exists between the people and the government. Council Member Chandler congratulated Mayor Wuo, Mayor Pro Tern Amundson and also congratulated Mr. Harbicht on a great year as Mayor. 04 -21 -2009 51:0060 ADJOURNMENT The City Council /Redevelopment Agency was adjourned in memory of Bill Schmit at 7:55 p.m. to Tuesday, May 5, 2009, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H Barrows City Clerk By: Lisa Mussenden, Chief Deputy City Clerk/ Records Manager 04 -21 -2009 ORDINANCE NO. 2256 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE IX OF THE ARCADIA MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9251.2.6.1 is hereby renumbered-to become 9251.2.6.2, and a new Section 9251.2.6.1 is hereby added to Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code to read as follows: "9251.2.6.1. DRIVEWAY. A driveway is a paved area that provides vehicle access from a public right -of -way to a parking area or garage. Only one driveway may be permitted for each residential lot. This number may be increased to two for an approved circular driveway. The driveway shall not be less than nine (9) feet in width. Pedestrian walkways and driveways shall not occupy more than forty percent (40 %) of the required front yard or street side yard setback. Materials — All parking areas and driveway shall be paved with cement concrete. Other paving materials, including brick may be substituted with approval by the Community Development Administrator through Single Family Architectural Design Review." SECTION 2. Section 9251.2.6.2 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code is hereby amended to read as follows: 9251.2.6.2. CIRCULAR DRIVEWAYS. Lots with street frontage of 75' -0" or greater are eligible for circular driveways. On lots with more than one (1) street frontage, a circular driveway shall be located on the street frontage that is 75' -0" or greater; provided, however, that not more than one circular driveway shall be allowed for any one lot. The circular driveway shall not be less than nine (9) feet in width, and shall not have a width greater than fifteen (15) feet, and the furthest point' from the street shall be a minimum of twenty -five (25) feet measured perpendicular from the property line at the right -of -way to the furthest distance of the inside edge of the circular driveway. Pedestrian walkways and driveways shall not occupy more than forty percent (40 %) of the required front yard or required street side yard setback. Materials — All parking areas and driveway shall be paved with cement concrete. Other paving materials, including brick may be substituted with approval by the Community Development Administrator through Single.Family Architectural Design Review. EXCEPTION: The Modification Committee, pursuant to the modification regulations may grant a modification to allow a circular driveway on a lot with street frontage of less than 75' -0 ". SECTION 3. Section 9252.2.6.1 is hereby renumbered to become 9252.2.6.2, and a new Section 9252.2.6.1 is hereby added to Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code to read as follows: "9252.2.6.1. DRIVEWAY. A driveway is a paved area that provides vehicle access from 'a public right -of -way to a parking area or garage. Only one driveway may be permitted for each residential lot. This number may be increased to two for an approved circular driveway. The driveway shall not be less than nine (9) feet in width. Pedestrian walkways and driveways shall not occupy more than forty percent (40 %) of the required front yard or street side yard setback. Materials — All parking areas and driveway shall be paved with cement concrete. Other paving materials, including brick may be substituted with approval by the Community Development Administrator through Single Family Architectural Design Review." 2 SECTION 4. Section 9252.2.6.2 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal. Code is hereby amended to read as follows: "9252.2.6.2. CIRCULAR DRIVEWAYS. Lots with street frontage of 75' -0" or greater are eligible for circular driveways. On lots with more than one (1) street frontage, a circular driveway shall be located on the street frontage that is 75' -0" or greater; provided, however, that not more than one circular driveway shall be allowed for any one lot. The circular driveway, shall not be less than nine (9) feet in width, and shall not have a width greater than fifteen (15) feet, and the furthest point from the street shall be a minimum of twenty -five (25) feet measured perpendicular from the property line at the right -of -way to the furthest distance of the inside edge of the circular driveway. Pedestrian walkways and driveways shall not occupy more than forty percent (40 %) of the required front yard or required street side yard setback. Materials — All parking areas and driveway shall be paved with cement concrete. Other paving materials, including brick may be substituted with approval by the Community Development Administrator through Single Family Architectural Design Review. EXCEPTION: The Modification Committee, pursuant to the modification regulations may grant a modification to allow a circular driveway on a lot with street frontage of less than 75' -0 ". SECTION 5. Section 9252.2.3.1 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code is hereby amended to read as follows: "9252.2.3.1. CORNER LOTS. On corner lots the required side yard setback adjoining the interior lot shall be as specified in Section 9252.2.3. The�required side yard setback on the street side of a corner lot shall not be less than twenty (20) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet high and/or any portion of a second story including second story architectural features and walls shall be 3 setback not less than twenty (20) feet or twenty percent (20 %) of the width of the lot as measured at the front property line; whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. The lot width for determining setbacks on lots with more than fifty percent (50 %) frontage on a cul -de -sac terminus shall be measured at the required building setback line. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees'as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade. elevation and its intersection with the street side property line. Architectural projections, with the exception of roof eaves shall not project into the required setback." SECTION 6. Section 9251.2.3.2 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code is hereby amended to read as follows: "9251.2.3.2. REVERSE CORNER LOTS. On reverse corner lots the required side yard adjoining the interior lot shall be as specified in Section 9251.2.3. The required side yard on the street side of a reverse corner lot shall be not less than twenty -five (25) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve. (12) feet high measured from the adjacent finished grade to the top plate and/or any portion of a second story including second story architectural features and wall shall be setback twenty (20) feet or twenty percent (20 %) of the width of the lot as measured at the front property line, whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of the roof eaves shall not project into the required setback. 4 The lot width for determining setbacks on lots with more than fifty percent (50 %) frontage on a cul -de -sac terminus shall be measured at the required front setback line." SECTION 7. Section 9251.2.9.1 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code is hereby amended to read as follows: Section 9251.2.9.1. ACCESSORY BUILDINGS. REGULATIONS. Accessory buildings, except for Accessory Living Quarters /Guest Houses are not to be used as dwelling units. The required front and side yard setbacks for accessory buildings shall be the same as those specified for main dwellings in this Division and shall not have more than one (1) story and shall not exceed sixteen (16) feet in height. Accessory buildings shall not occupy more than twenty -five percent (25 %) of a required rear yard and shall not be located within three (3) feet of a rear lot line nor within ten (10) feet of another building. Accessory buildings utilized for occupancy shall not be located within ten (10) feet of a rear lot line. An accessory building other than an Accessory Living Quarters /Guest House shall not contain more than one (1) room and a three- quarter (%) bathroom. The total floor area of detached accessory building(s), not including Accessory Living Quarters /Guest Houses shall not exceed fifty percent (50 %) of the ground floor area of the main dwelling. On corner lots an attached garage portion of a main dwelling that does not exceed one (1) story and sixteen (16) feet in height may be located not less than fifteen (15) feet from the rear property line." SECTION 8. Section 9252.2.9.1 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code is hereby amended to read as follows: Section 9252.2.9.1. ACCESSORY BUILDINGS. REGULATIONS. Accessory buildings, except for Accessory Living Quarters /Guest Houses are not to be used as dwelling units. The required front and side yard setbacks for accessory buildings shall be the same as those specified for main dwellings in this Division and shall not have more than one (1) story and shall not exceed sixteen (16) feet in height. 5 Accessory buildings shall not occupy more than twenty -five percent (25 %) of a required rear yard and shall not be located within three (3) feet of a rear lot line nor within ten (10) feet of another building. Accessory buildings utilized for occupancy shall not be located within ten (10) feet of a rear lot line. An accessory building other than an Accessory Living Quarters /Guest House shall not contain more than one (1) room and a three - quarter ( 3 /) bathroom. The total floor area of detached accessory building(s), not including Accessory Living Quarters /Guest Houses shall not exceed fifty percent (50 %) of the ground floor area of the main dwelling. On corner lots an attached garage portion of a main dwelling that does not exceed one (1) story and sixteen (16) feet in height may be located not less than fifteen (15) feet from the rear property line." SECTION 9. Section 9292.2.3 of Article IX, Chapter 2, Part 9 of the Arcadia Municipal Code is hereby amended to read as follows: Administrative Modification as may be necessary: to secure an appropriate improvement may be granted upon . the approval of the Planning Division. The Planning Division shall have the authority to approve, conditionally approve or deny modifications of the following: 1. Rear yard setbacks; 2. Distance between buildings; 3. Special setbacks; 4. Setbacks for mechanical and plumbing equipment; 5. Fence and wall heights along the side and rear property lines except along the street side of a corner lot; 6. Interior side yard setbacks for detached accessory structures (with the exception of guest houses /accessory living quarters) in the R -M, R -0, and R -1 zones; 7. Interior side yard setbacks for single -story additions to an existing dwelling in the R -M, R -0, and R -1 zones, where the portion of said addition(s) which does not comply with the setback requirements consists of a total of thirty (30) linear feet or less and maintain(s) the same or greater' setback than the existing building walls; and provided, that a minimum interior 0 side yard setback of three (3) feet in the R -1 and five (5) feet in the R -M and R -0 zones is maintained; 8. The rebuilding of single - family dwellings, provided that the new portion(s) of the project comply with current code requirements." SECTION 10. Section 9251.2.12.4 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code is hereby renumbered to become 9251.2.13.4 and is hereby amended to read as follows: Section 9251.2.13.4. FENCES, WALLS, AND GATES. FLAG LOTS REGULATION. A fence or wall may be permitted in the front yard and driveway area, provided that it does not exceed four (4) feet in height. When a fence or wall is located within the front yard of a flag lot and the front property line of that flag lot abuts the rear property line of an adjacent lot, it may be permitted up to six (6) feet in height (see Figure 6). Figure 6 rr - - - - rEhG( as wau— I � I I I I I I! I Ij 1: reecc oa wnu I I �� � I II �I I' � I I I I II I I SECTION 11. Section 9251.2.13 of Article 1X, Chapter 2, Part 5 of the Arcadia Municipal Code is hereby renumbered to become 9251.2.13.5. 7 SECTION 12. Section 9251.2.13.3 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code is hereby amended by adding the following language at the end of the section to read as follows: No spears (i.e. apache, aristocrat with crushed spears, or any spear - like features) shall be permitted on a fence, wall or gate. Chain link, corrugated, fiberglass, bamboo fencing, and wire type fencing are not permitted. SECTION 13. This Ordinance shall become effective on the. thirty first (31st) day following its adoption. SECTION 14. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this day of ATTEST: City Clerk APPROVED AS TO FORM: { Stephen P. Deitsch City Attorney 2009. Mayor of the City of Arcadia 8 .'r71 c= Development Services Department April 7, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director -TLA� By: Jim Kasama, Community Development Administrator Prepared by: Lisa L. Flores, Senior Planner SUBJECT: Consideration of Ordinance No. 2256 amendino various sections of Article IX of the Arcadia Municpal Code. Recommendation: Introduce Ordinance No. 2256 SUMMARY On October 7, 2008, the City Council adopted Ordinance No. 2246 amending the Arcadia Municipal Code by adding a new Section 4630.2 to Article IV (Noise Regulations) regarding hours of operation for gardeners and landscapers and amending and adding various sections to Article IX (Zoning Regulations and General Provisions). These revisions were considered "clean -up" amendments that would streamline the City's existing regulations. The proposed amendments were based primarily on staffs and the Planning Commission's experiences with various issues and were drafted to provide efficiency in our land use regulations. The amendments addressed a variety of land use issues including, but not limited to, accessory buildings, driveways, fences, and entry height. Several code sections were inadvertently excluded from Ordinance No. 2246. These code sections were discussed in the staff report but were not added to the Municipal Code due to errors in the ordinance. Also, there were some discrepancies with the order of the fence regulation code sections for the R -0, Single - Family Residential zone that were approved under Ordinance No. 2205. Staff has prepared Ordinance No. 2256 to amend the Municipal Code as originally intended. RECOMMENDATION It is recommended that the City Council: Introduce Ordinance No. 2256: An Ordinance of the City Council of the City of Arcadia, California amending various sections of Article IX of the Arcadia Municipal Code. Approved By: Pcw.,e,_J Donald Penman, City Manager Attachment: Ordinance No. 2256 Ord. No. 2256 April 7, 2009 Page 2 :1 DATE: May 5, 2009 STAFF REPORT Public Works Services Department TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Director; f' Prepared by: Tom Tait, Deputy Public Works Services Director SUBJECT: Recommendation: Adopt SUMMARY The City has received notice of the 15` cycle block grant from the California Integrated Waste Management Board ( CIWMB) to continue the City's Used Oil Recycling Program. Since the block grants are not competitive, the City of Arcadia only needs to submit an application package to receive each next year's grant. It is recommended that the City Council adopt Resolution No. 6523 approving the applications for grants under the Used Oil Recycling Fund under the Oil Recycling Enhancement Act, for the next five (5) cycles 15 -20 for fiscal years 2010 through 2015. DISCUSSION The California Oil Recycling Enhancement Act mandates the CIWMB to provide Used Oil Block Grants (UOBG), with funds distributed on an annual basis to local governments for establishing local collection programs that encourage recycling of used oil. As Block Grants are not competitive, local governments only need to submit a completed application and meet the program's eligibility requirements to receive a grant. Additionally, in order to continue receive annual funds the City is required to submit a new resolution for subsequent years' programs. City of Arcadia has provided excellent services and educational information to residents with the funds received in the past. Currently, the Used Oil Program provides Do -it- Yourself oil changing kits (that include a used oil container, filter, changing mat, and used oil filter container), public education in local publications such as the Pasadena Star News Group, and used oil residential curbside pick -up. The City's Used Oil Program aims to provide residents with proper disposal methods of used oil rather than Page 1 of 2 Mayor and City Council May 5, 2009 in trash cans or and in storm drains where it can contaminate and pollute the soil, groundwater, and rivers. The services and educational material funded by the Used Oil Block Grant help reduce illegal disposal of used oil. Staff recommends that the City Council approve Resolution No. 6675 approving the filing of the City of Arcadia's used oil applications for the 15 through 20 block grant cycles and authorize the City Manager or his designee to execute any agreement, contracts, and requests for payment regarding this matter on behalf of the City. FISCAL IMPACT The CIWMB Used Oil Grant Program allocates funds based on population. Arcadia receives approximately $14,000 annually which can only be used for used oil recycling related activities. RECOMMENDATION Adopt resolution No. 6675, which authorizes the submittal of grant application(s) to the California Integrated Waste Management Board ( CIWMB) for all available grants under the California Oil Recycling Enhancement Act for the Fiscal years 2010 through 2015. Approved by: Donald Penman, City Manager PM:TT Page 2 of 2 RESOLUTION NO. 6675 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE USED OIL RECYCLING ENHANCEMENT ACT WHEREAS, the people of the State of California have enacted the California Oil Recycling Enhancement Act that provides funds to cities and counties for establishing and maintaining local used oil collection programs that encourage recycling or appropriate disposal of used oil; and WHEREAS, the people of the State of California have enacted Assembly Bill 1220 (Eastin, 1993) that provides grants to local governments to establish and implement waste diversion and separation programs to prevent disposal of hazardous waste, including household hazardous waste, in solid waste landfills; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of these programs within the state, setting up necessary procedures governing application by cities and counties under these programs; and WHEREAS, the applicant will enter into an agreement with the State of California for implementation of a used oil collection program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council authorizes the submittal of 15` through 20` cycle block grant applications to the California Integrated Waste Management Board for the Used Oil Block Grant, Fiscal years 2010 through 2015. SECTION 2. The City Council appoints the City Manager, or his/her designee, to conduct all negotiations and to execute and submit all required documents including, but not limited to applications, agreements, amendments, and payment requests for the purposes of securing grant funds and to implement and carry out the purposes specified in the grant application. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 2 Passed, approved and adopted this day of 2009. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney d;a DATE: May 5, 2009 STAFF REPORT Public Works Services Department TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services D Prepared by: LubomirTomaier, Principal Civil Engineer Ken Herman, Associate Civil Engineer SUBJECT: SUMMARY The 2008 Water Master Plan Update recommends the construction of several new domestic water wells in the Main San Gabriel Basin to augment the supply of ground water in the Raymond Basin during periods of drought and to provide high - capacity wells that will improve overall system reliability. The construction of two (2) new wells is included in the 2008 /2009 Capital Improvement Budget. One well will be located at the Longley Water Facility on the southwest corner of Palm Ave. and El Monte Ave and the second located at the Camino Real Water Facility on Camino Real Ave., between First Ave. and Second Ave. Four bids were received on March 31, 2009 for the construction of both wells. All of the bids received were in excess of the 2008 -2009 Capital Improvement Project budget approved for this project. Therefore, staff recommends that the City Council reject all bids and instruct staff to re -bid the project with a reduced scope designed to fit within the project budget. BACKGROUND On August 19, 2008, the City Council authorized the award of the design of the Longley Well No.3 and Camino Real Well No.3 to Civiltec Engineering, Inc. ( Civiltec). Civiltec worked under the direction of staff to design both wells as a combined project and included both the design of the well drilling and well equipping in the scope of work for the project. This was done to reduce the time delay typically encountered between the well development phase of the well drilling and the design of the wellhead equipment. This design approach, combined with the increased competition for construction projects experienced in the past year was expected to reduce the overall cost of the Page 1 of 2 Recommendation: Approve Mayor and City Council May 5, 2009 wells. Unfortunately, the market for this particular trade has stayed strong and the bids received did not reflect the expected savings. DISCUSSION Notices Inviting Bids for this project were published in the adjudicated paper and trade journals. Fourteen (14) Class A engineering construction firms attended the mandatory pre -bid conference with four (4) firms submitting bids. The City Clerk publicly opened the sealed bids on March 31, 2009 with the following results: RANK FIRM Price 1 Pacific Hydrotech Corp. $ 3,841,697 2 Pascal and Ludwig. $ 3,845,143 3 Environmental Construction, Inc. $ 3,888,812 4 Schuler Engineering Corp. $ 4,035,010 Staff has reviewed the bid documents submitted by all bidders and determined that all bids received are in excess of the project budget of $3,400,000 and do not meet the desired cost saving expectations of the project. Therefore staff recommends that the City Council reject all bids and instruct staff to re- bid the project with a reduced scope of work to include the following reductions: Reduce the drilling depth of both wells, replace casing material from stainless steel to carbon steel and remove the on -site and off -site improvements from the scope of work and include these items as bid alternates Staff feels that these revisions to the project scope will result in bids within the project budget and will not compromise the integrity of the well design or function. FISCAL IMPACT Water Funds in the amount of $3,400,000 are budgeted in the 2008 -2009 Capital Improvement Program for the design of Longley Well and of which $1,339,000 is provided by the EPA grant. RECOMMENDATIONS 1. Reject all bids for the Longley Well No. 3 and Camino Real Well No. 3 Well and Wellhead Construction project. 2. Instruct staff to re -bid the project with a reduced scope of work. Approved by: PM:LT:KH Donald Penman, City Manager Page 2 of 2 `f .STAFF REPORT Public Works Services Department DATE: May 5, 2009 TO: FROM: SUBJECT: SUMMARY Mayor and City Council Pat Malloy, Assistant City Manager /Public Works Services Direct r , Prepared by: Tom Tait, Deputy Public Works Services Director The City of Arcadia and the Arcadia Unified School District have a Joint Use Agreement (Agreement), which allows the sharing of facilities for the common use of the City and the District. The Agreement was entered into by the City Council on March 6, 2001 for a five (5) year period, was renewed for one (1) additional year on May 2, 2006 and renewed for two (2) additional years on May 15, 2007. The shared use and maintenance agreement is for the following nine (9) Facilities: Arcadia High School Baldwin Stocker Elementary Camino Grove Elementary Camino Grove Park Dana Middle School First Avenue Middle School Holly Avenue Elementary Hugo Reid Primary Hugo Reid Park The current two (2) year agreement will expire on May 1, 2009. As set forth in the terms of this Agreement, City staff and the District have agreed that it would be in the best interest of both agencies to renew this agreement for two (2) additional years. Staff recommends that the City Council authorize the City Manager to renew the Joint Use and Maintenance Agreement with the School District for shared use and maintenance of nine (9) facilities as described in Exhibits "A ", "B ", "C ", "D" and "E" attached. Page 1 of 2 Mayor and City Council May 5, 2009 DISCUSSION The City of Arcadia and the Arcadia Unified School District have entered into several joint use agreements over the years for the purpose of sharing school playgrounds, City parks and athletic fields that are adjacent to one another for recreation uses. The Agreement outlines maintenance responsibilities and shared use of these nine (9) facilities. The current Agreement will expire on May 1, 2009. As set forth in the terms of the Agreement, City staff and the District have agreed that it would be in the best interest of both agencies to renew this Agreement for two (2) additional years. This extra time will give both the City and the District time to explore current and future joint use possibilities for the benefit of the students and the residents of Arcadia. Staff recommends that the City Council authorize the City Manager to renew the Joint Use and Maintenance Agreement with the School District for shared use and maintenance of nine (9) facilities as described in Exhibits "A ", "B ", "C °, "D" and "E." FISCAL IMPACT Administration of a single contract allows a continued general cost savings for both agencies. RECOMMENDATION Authorize the City Manager to renew the Joint Use and Maintenance Agreement with the School District for shared use and maintenance of nine (9) facilities as described in Exhibits "A ", "B ", "C ", "D" and "E fora two (2) year period. Approved by: Donald Penman, City Manager PM:TT Page 2 of 2 EXHIBIT A Arcadia High School With respect to Arcadia High School, the CITY shall share with the DISTRICT the use of the baseball and softball field and their lighting, the swimming pool, the tennis courts, and the track, in accordance with a schedule mutually agreed upon by the parties. Maintenance of these facilities at the High School shall be as follows: Baseball and Softball Field Lighting The CITY shall be responsible, at its cost, for the maintenance of the baseball and softball field lighting. 2. Swimming Pool The DISTRICT shall be responsible for the maintenance of the swimming pool. During the ten (10) week City Summer Program, the CITY shall reimburse the DISTRICT for all actual costs for maintenance of the pool related to the City's use. For this purpose, the DISTRICT shall provide the CITY reasonable documentary support for the reimbursement. There shall not be any additional fees or costs imposed upon the CITY with respect to the Summer Program. During the remainder of the year, the CITY shall pay the DISTRICT at the rate of six dollars ($6.00) per hour for each hour the CITY uses the pool. The CITY and DISTRICT shall share the cost for all major swimming pool renovation work at the following rate: one -third (1/3) CITY, two- thirds (2/3) DISTRICT; provided that both parties have mutually agreed in advance to any and all such renovation work. 3. Tennis Courts The CITY shall be responsible for the maintenance of the tennis court lights. The DISTRICT shall be •responsible for the cleaning and maintenance of the tennis courts, including the surface of the courts, and the fencing around the courts. Both the CITY and the DISTRICT shall share equally the cost and responsibility for maintenance of the tennis court nets. 4. Track The track shall be maintained by the DISTRICT, which shall be solely responsible for the cost of said maintenance. "See Attachment 1" EXHIBIT B Baldwin Stocker Elementary With respect to Baldwin Stocker Elementary School, the CITY shall share with the DISTRICT the use of the property in accordance with a schedule mutually agreed upon by the parties. Maintenance of the facilities shall be as follows: 1. CITY Responsibility The City shall be responsible, at its cost, for the maintenance of the bleachers and backstop on the baseball diamond within the area on Attachment "2" labeled "CITY ". 2. DISTRICT Responsibility The DISTRICT shall be responsible, at its cost, for maintenance of all areas labeled "DISTRICT" on Attachment "2 ". "See Attachment 2" Camino Grove Elementary Camino Grove Park With respect to Camino Grove Elementary and Camino Grove Park, the City and DISTRICT shall share the use of both properties in accordance with a schedule mutually agreed upon by the parties. Maintenance of certain facilities shall be as follows: 1. CITY Responsibility The CITY shall be responsible for the maintenance of all facilities located within the areas on Attachment "3" labeled "CITY", including the parking lot, bleachers and backstop located therein. 2. DISTRICT Responsibility The DISTRICT shall be responsible for maintenance of all facilities located within the areas on Attachment "3" labeled "DISTRICT ". .._ -_ "See Attachment 3" it 5 Holly Avenue Elementary. With respect to Holly Avenue School, the CITY shall share with the DISTRICT the use of the property in accordance with a schedule mutually agreed upon by the parties: Maintenance of certain facilities shall be as follows: 1. CITY Responsibility The CITY shall be responsible, at its cost, for the maintenance of the tennis court'lights; nets, surfaces, and cleaning of the tennis courts within the area labeled "CITY" on Attachment "4 ". 2. DISTRICT Responsibility The DISTRICT.shall be responsible, at its cost, for the maintenance of all Areas labeled "DISTRICT" on Attachment "4 ". "See Attachment "4" .� ;k. i .e'� EXHIBIT C Hugo Reid Primary School Hugo Reid Park With respect to the Hugo Reid Primary School and Hugo Reid Park, the CITY shall share with the DISTRICT the use of the property in accordance with a schedule mutually agreed upon by the parties. Maintenance of certain facilities shall be as follows: 1. CITY Responsibility The CITY shall be responsible for the maintenance of all facilities located within the areas on Attachment "5" labeled "CITY ", including landscaping, tennis court nets, surfaces and cleaning the tennis courts. 2. DISTRICT Responsibility The DISTRICT shall be responsible for maintenance of the sprinklers, all turf areas, janitorial services, trash disposal and maintenance of all facilities located within the areas on Attachment "5" labeled "DISTRICT'. "See Attachment 5" .;A , .cur �: •�.r• e 7 1 4 1 .11 w, 3d� n e ' � e i4 �f� ' %! ^ST i ly i W 1 p is , � u AUSD Co. fact No, 99/00;912 AGREEMENT BETWEEN THE CITY OF ARCADIA AND THE ARCADIA, UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY FOR THE CONSTRUCTION,. MAINTENANCE AND JOINT USE OF THE. ATHLETIC FIELD LIGHTING AT DANA MIDDLE SCHOOL, FIRST AVENUE MIDDLE SCHOOL AND ARCADIA HIGH SCHOOL FOR SCHOOL AND RECREATIONAL PURPOSES THIS AGREEMENT, ,made and entered into this 6u' day of October, 1999, by and between the CITY OF ARCADL4, hereinafter referred to as the "City" and the ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY, hereinafter referred to as the "District." WITNESSETH WHEREAS, the Civic Center Act, commencing with Section 38130 of the Education Code provides that the governing board of a school district may grant the use of school grounds for recreational and public purposes; and WHEREAS, Education Code Section 10900 et seq. provides that governing bodies of any two or more public authorities may cooperate with each other in the development and conducting of programs of community recreation; and _ . WHEREAS, the District owns and operates the Dana Middle School, First Avenue Middle School and Arcadia High School (collectively, the "School Sites ") Iocated within the City of Arcadia, County of Los Angeles (the "County', State of California; and WHEREAS, a portion of the School Sites consist of athletic fields as depicted in Exhibits A, B, and C (collectively, the "Premises "), which are attached hereto and incorporated herein by this reference; and WHEREAS, the City and District desire to install athletic field lighting on the Premises for recreational and other related purposes; and WHEREAS, the City is an eligible applicant for. funding under. County of Los Angeles Regional Park and Open Space District, per Parcel Discretionary Grant Program; and WHEREAS, the City Council at its meeting of May 18, 1999 approved the filing of an application with the County of Los Angeles Regional Park and Open Space District for funds under Section (Q1 of Proposition A for the installation of athletic field lighting at the School Sites; and WHEREAS, the District and the City will mutually benefit from access to and utilization of athletic field lighting. NOW, THEREFORE, THE CITY AND THE DISTRICT HEREBY MUTUALLY AGREE AS FOLLOWS: EXHIBIT D See Attachment "6" - Dana Middle School I See Attachment "T'— First Avenue Middle School. 1. The City shall apply for County of Los Angeles Regional Park and Open Space District, per Parcel Discretionary Grant Program funds allocated in Section 3(c)1 of Proposition A , in the amount of $242,43 S. 2, The City, upon execution of an agreement between the County and the City for the Per Parcel Discretionary Grant Program Funds, shall provide the District the funds approved in said agreement for the installation of athletic field lighting on the Premises at the School Sites. The District agrees, upon receipt of the funds described above, to contract for the construction and installation of the athletic field lighting on the Premises at the School Sites in accordance with plans and specifications prepared by the District and approved by the City and the County (the "Project "). 4. The City requires that all lighting specific to the Project be isolated from any and all other facility energy consumption, subject to the cooperation of the local utility company and the District's ability to acquire separate metering. The cost of installing the separate metering at the Premises shall be bome by the Grant Program. 5. Upon completion of construction and after acceptance of the Project, the City agrees, at its sole cost and expense: to (a) maintain said athletic field ligh ,ng in good working order and condition. and (b) pay all utility bills when due for the operation of said athletic field lighting- bro ghout the life of this Agleeme n . The City reserves the right to charge a fee for the use of the lights, other than use by the District, in order to offset some of the costs of operation. 6. The District recognizes that certain requirements must be fulfilled in the use of Per Parcel Discretionary Grant Program Funds for the installation of said lighting and agrees to comply with all said requirements, imposed on the City by the use of these funds. These requirements include but are not limited to: a. That the District will provide and maintain competent and adequate architectural engineering supervision and inspection at each construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the County may require. b. That the District will give the County's authorized representative access to and the right to examine all records, books, papers or documents related to the grant. c. That the District will cause work on the project to be commenced within a reasonable time after receipt of funds and that the Project will be prosecuted to completion with reasonable diligence. d. All deviations from approved plans and specifications shall be submitted to the City for evaluation of significance and to the County for written approval if deemed appropriate. e. That the District has met, or will meet, all federal, state or local environmental, public health, relocation, and affirmative action and all other appropriate codes, laws, and regulations prior to expenditure of grant funds related to the project. £ That the County will, upon completion of the projects, audit the project. District agrees to provide necessary records, contracts, and related documents necessary to satisfy County audit requirements. Use of the Premises a. The District agrees to make available to the City, without charge except. as expressly provided for in this Agreement, for the purposes of conducting recreational programs and activities sponsored and organized by the City, the said athletic field lighting at all times when not being utilized for school purposes, whenever occurring during the regular school term or the summer school term, throughout the life of this Agreement. The use of the Premises shall be determined by a prior schedule mutually agreed upon. Deviation from said schedule is to be subject to approval in writing by the City Manager and District Superintendent, or their designated representatives. b. The City shall furnish all necessary custodial services and supplies (including consumable materials) when using the Premises in order to keep the Premises in a neat, orderly and sanitary condition. Should either the City request or District require the assignment of District custodial staff at the Premises when being used by the City, the City shall pay District the actual cost to the District of providing the custodial staff for the City sponsored activity. In the event the District provides custodial staff, the District shall invoice the City for such services and the City shall pay such invoices within fifteen (15) days of receipt: C. The District agrees to maintain the Premises and related equipment, excluding the subject athletic field lighting, in a condition which is safe, clean, operable, and usable condition. d. The City shall pay the actual costs determined by the District's established hourly fee schedule for any required technical staff assigned by the District and approved by the City Manager or his designee, to provide operational expertise for the City's use of the Premises. The District shall invoice the City for such service and the City shall pay such invoice within fifteen (15) days of receipt. e. The City shall install, repair, maintain and be responsible (including the risk of loss) for all equipment that the City may own and desire to use on the Premises for which the District has given its written consent. f. The City shall be responsible for providing or causing to be provided all security service as deemed necessary by the Arcadia Police Department when using the Premises. g. The City shall be responsible for furnishing and supplying personnel to conduct and supervise the recreational activities conducted by the City on the Premises, including non - technical personnel as may be required by the District, such.as supervisors, ushers, ticket takers, etc.). h. In the event of damage to any portion of the Premises beyond normal wear and tear due to the carelessness or negligence of the City, the City shall be responsible for all costs associated with the repair or replacement and return to safe operable conditions. The City shall give written notice to the District of any such damage within five (5) working days of the discovery of the damage. The District shall arrange for and oversee all repairs or replacement. 8. Neither of the parties to this Agreement nor their respective elected officials, officers and employees, shall be deemed to assume any liability for any act or omission of any other party, its employees, officers or agents arising out of the performance of this agreement. The City agrees to indemnify, defend, and hold harmless the District, its officers, employees and agents from and against any and all claims, demands, suits, loss, damage, injury and liability, including costs, judgments and expenses arising out of any negligent or wrongful act or omission of the City, its employees, officers or agents in the performance of this Agreement. The District agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents from and against all claims, demands, suits, loss, damage, injury and liability, including costs, judgments and expenses arising out of any negligent or wrongful act or omission of the District, its employees, officers or agents in the performance of this Agreement, including the construction provided for herein. 9. The City and the District shall each provide its own liability and other insurance deemed by it to be necessary to protect the activities and facilities covered hereunder in an amount of not less than Two Million Dollars ($2,000,000). The City and the Distiret shall each provide the other with a certificate of insurance as required herein, which certificates of insurance shall provide notice to the party receiving said certificate of any cancellation of such coverage. Alternatively, the City and/or District may self - insure up to the specified limits as evidenced. by a rider of self - insurance to be provided to the other party. As a condition precedent 4 to execution of this agreement, the District shall provide proof of insurance to the satisfaction of the City Attorney. 10. Both the City and District shall solely conduct the activities, services, and programs normally controlled by each within the scope of its respective operation. The City shall cooperate to minimize custodial and maintenance services required by reason of the City's activities and programs conducted upon the Premises, 11. It is acknowledged and agreed by the District that, except for specific recreation events or City sponsored events, using the athletic field lighting, all other uses of Premises, including general use by the public, are under jurisdiction of the District. 12. The term of this Agreement shall be for twenty(20) years. This agreement may be terminated for cause (substantiat breach of a material provision) upon thirty (30) days written notice to the other party. This Agreement may be terminated without cause upon 180 days written notice to the other party. 13. This Agreement is severable with respect to the Premises set forth in Exhibits A through C of this Agreement. Should either party commit a material breach of the powers and duties with respect to a specific property resulting in the termination of this Agreement as to that specific property, this Agreement shall remain in effect with respect to the remaining Premises. 14. This agreement or any interest of the parties therein shall not at any time after the date hereof, without the prior written consent of the other party be mortgaged, pledged, assigned or transferred by either party by voluntary act or by operation of law. " 15. All notices by either party to the other shall be in writing and shall be deemed and served upon the other party, if delivered personally or three (3) days after depositing in the United States mail, postage pre -paid, addressed to: ' If to the CITY: City of Arcadia 240 West Huntington Drive Post Office Box 60021 Arcadia, California 91066 -6021 Attention: William R Kelly, City Manager If to the DISTRICT: Arcadia Unified School District 234 Campus Drive Arcadia, California 91007 Attention: C. Earl Davis, Assistant Superintendent, Business Services 16. The District and City shall provide each other with the names and telephone numbers of personnel that are responsible for the day to day operations of the 5 recreational programs and facilities of the parties. Said list shall be updated as needed based on personnel changes. 17. Failure of the parties to insist upon strict performance of any of the terms, conditions or covenants in this Agreement shall not be deemed a waiver of any right or remedy that either party may have and shall not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants herein contained. 18. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one in the same Agreement. IN WITNESS WHEREOF, the parties hereto have set their hand and seal the date and year first written. CITY OF ARCADIA A Municipal Corporation By: & /Z —, Rofer Chandler, Mayor A ST: C Clerk APPROVED AS TO FORM: k P City Attorney ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY of Education APPROVED AS TO FORM: Parker, Covert & Chidester ) By: �t�a Douglas N. Ye an DISTRICT Counsel 0 . .,. F" p ` l 1j: `y WrO„,1lIL / 4 F" p ` l 1j: `y AUY^ Contract No. 3723 AGREEMENT BETWEEN THE CITY OF ARCADIA AND THE- :ARCADIA_ UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY FOR THE CONSTRUCTION, MAINTENANCE AND JOINT USE OF THE BASEBALL FIELD. - LIGHTING AT ARCADIA HIGH SCHOOL FOR SCHOOL'AND RECREATIONAL PURPOSES THIS AGREM4NT, made and enter into this 12th day of April , 1994, by and between the CITY OF ARCADIA, hereinafter referred to as the "City" and the ARCADIA UNIFIED SCHOOL DISTRICT OF LOS ANGELES COUNTY, hereinafter referred to as the "District". WITNESSETH: . WHEREAS, Chapter 4 of Division .12 of the Education Code provides that the governing board of a school district may grant the use of school grounds recreational and public purposes; and WHEREAS, Chapter 6 of Division 12 of the Education Code provides that governing bodies of any two or more public authorities may cooperate with each other in the development and conducting of programs of community recreation; and WHEREAS, the District owns certain properties located within the City of Arcadia, County. of Los Angeles, State of California, more particularly described in Exhibit " A " attached hereto and incorporated herein by reference; said property is commonly known as the Arcadia High School and on which_ property the City and the District desire to construct baseball field- lighting on existing school baseball field for recreational and other related purposes;.and WHEREAS, the City is an eligible. applicant for funding under County of Los Angeles Regional Park and Open Space District, per Parcel Discretionary Grant Program; and EXHIBIT E WHEREAS, the City Council at its meeting of April 5, 1994 approved the filing of an application with the County of Los Angeles Regional Park and Open space District for funds under Section 8.b.1 of Proposition "A for the construction of baseball field lighting at the Arcadia High School; and WHEREAS, the District and the City will mutually benefit from access to and utilization of. baseball field lighting. NOW THEREFORE, THE CITY AND THE DISTRICT HEREBY MDTUALLY AGREE AS FOLLOWS. 1. The City shall apply for County of Los Angeles Regional Park and Open Space District, per Parcel Discretionary. Grant Program funds allocated in Section 8.b.1 of Proposition "A ", in the amount of.$150,000. 2. The City, upon execution of an agreement between the County and the City for the Per Parcel Discretionary Grant Program Funds, shall provide the District the funds approved in said agreement for the construction of the baseball field lighting at the Arcadia High School. 3. The District agrees, upon receipt of the fund described above, to construct the baseball field lighting at Arcadia High School in accordance with plans and specifications prepared by the District and approved by the City and the County. 4. Upon completion of construction and after acceptance of the job, the City agrees to operate and maintain said baseball field lighting throughout the life of this Agreement. The City reserves the right to charge a fee for the use of the lights, in order to offset some of the cost of operation. .y. 5. The District recognizes that certain requirements must be fulfilled in the use of Per Parcel Discretionary Grant Program Funds for the construction of said lighting and agrees to comply with all said requirements, imposed on the City by the use of these funds. These. requirements include, but are not limited to: a. That the District will provide and maintain competent and adequate , architectural engineering supervision and inspection at the construction., site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and. such other information as the County may require. b. That the District will give the County's authorized representative, access to and the right to examine all records, books, papers or documents related to the grant.. C. That the District will cause work on the project to be commenced within a reasonable time after receipt of funds and that the project will be prosecuted to completion with reasonable diligence. d. All significant deviations from approved plans and specifications shall be submitted to the City and County for prior approval. e. That the District has met, or will meet, all federal, state or,local environmental, public health, relocation, and affirmative action and all other appropriate codes, laws, and regulations prior to expenditure of grant funds. f. That the County will, upon completion of the projects, audit the project. District agrees to provide necessary records, contracts, and related documents • I necessary to satisfy County audit requirements. 6. The District agrees to make available to the City the said baseball field lighting at all times when not being utilized for school purposes, whenever occurring during the regular school term or the summer school term, throughout the life of this Agreement. The use-of these facilities shall be i determined by a prior schedule mutually agreed upon. Deviation from said schedule is to be - subject approval in I writing by the City Manager and Superintendent of Schools, or G their designated representatives. 7. None of the parties to this Agreement nor their i respective elected officials, officers and employees, shall be deemed to assume any liability for any act or omission of any other party, its employees, officers or agents arising out of the performance of this Agreement. The City agrees to indemnify, defend, and hold• harmless the District, its officers employees and agents from and against any and all claims, demands, suits, loss, damage, injury and liability, including costs, judgments and. expenses arising out of the sole act or omission of the City, its employees, officers or agents in the performance of this Agreement. The City shall not be responsible to the District for loss or damage to the District's property. -4- District agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents from and against all claims, demands, suits, doss, damage, injury and liability, including costs, judgments and expenses arising out of any act or omission of the District, its employees, officers or.agents in the performance of this Agreement, or the construction provided for herein. 8. The City and the District' shall each provide its own liability and other insurance deemed by it to be necessary to protect the activities and facilities covered hereunder in an amount of not less than Two Million Dollars ($2,000,000). The City and the District shall each provide the other with a certificate of insurance as required herein, which certificates shall provide notice to the party receiving said certificate of any cancellation of•such coverage. 9. Both the City and District shall solely conduct the activities, services, and programs normally controlled by each within the scope of its respective operation. This agreement does not constitute a joint powers agreement to provide mutual or overlapping services. The City shall cooperate to minimize custodial and maintenance services required by reason of the City's activities and programs conducted upon the property. The-District shall provide all janitorial services required to maintain said property during the term of this Agreement and the District shall provide all maintenance for said property. Janitorial services shall include collection and disposal of refuse resulting from the use of the property by the City and the District. -5- 10. It is acknowledged and agreed by the District that, except for specific Recreation events or City sponsored events, using the baseball field lights, all other uses of subject property, including general use by the public, are under jurisdiction of the District. li. The term of this Agreement shall be for twenty (20) years and may be renewed upon mutual agreement of the parties hereto. This Agreement shall be non- revocable except for just cause and in such event, either party to this Agreement may terminate the agreement at any time subject to 180 days notice in writing to the other party-hereto. IN WITNESS WHEREOF, the parties hereto have set their hand and seal the date and year first above written. , ATTEST: city Cle APPROVED AS TO FORM: —� U W� City Attorney ARCADIA UNIFIED SCHO04 ISTRICT OF LOS GELES OUN By esi�t,, Bo o uc io By �� — Superintendent Approved by the Governing Board 4/12/94 -6- J •�1 z ---=mw t �❑ J t ai i r 1 t t t O i C Lu T } t I i co i i U t Q t t i 1 i �I EXHIBIT "A" U O O z A - - i r 1 t t t O i C Lu T } t I i co i i U t Q t t i 1 i �I EXHIBIT "A" U O O z A STAFF REPORT Public Works Services Department DATE: May 5, 2009 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Director /Assistant City Manager Prepared by: Lubomir Tomaier, Principal Civil Engineer Mark Rynkiewicz, Associate Civil Engineer SUBJECT: AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH Recommendation: Approve SUMMARY As part of the City's Street Maintenance Program, the Public Works Services Department is preparing to slurry seal various residential streets throughout the City. Staff recommends that the City Council award a contract in the amount of $370,514 to Roy Allan Slurry Seal, Inc., for the 2008 -09 Annual Slurry Seal Project and issue a purchase order for the contract amount plus 10% contingency, totaling $407,566. DISCUSSION The Public Works Services Department (PWSD) 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 updated the eight (8) year slurry seal program to efficiently prolong the life of streets that are in good condition. PWSD is scheduled to slurry seal approximately 18.5 miles of residential streets located within the City. The street locations are shown on the attached location map, Exhibit "A ". Staff has added three additional streets which were affected by the Sanitation Districts of Los Angeles County Sewer Relief Project, if there are available funds left from the original slurry area as a result of lower costs for materials. Additionally, the Arcadia Public Library parking lot will be sealed with an asphalt coating called Guardtop. This product will provide better durability in a parking lot environment than the traditional slurry seal application. Streets are slurry sealed every eight (8) years to reduce the need for more costly maintenance or construction work in the future. Slurry Seals are for sealing aged and Page 1 of 2 Mayor and City Council May 5, 2009 worn pavements, filling minor cracks, restoring skid resistance and restoring aesthetic appeal. Notices inviting bids were published in the adjudicated paper and bid packages were distributed to area contractors. The following seven (7) bids were received on April 7, 2009: 1. Roy Allen Slurry Seal 2. Doug Martin Contracting 3. Pavement Coatings Co. 4. American Asphalt South 5. All American Asphalt 6. Valley Slurry Seal Co. 7. Bond Blacktop, Inc. La Habra, CA Mira Loma, CA Inc. Fontana, CA Corona, CA West Sacramento, CA Union City, CA $383,153 $386,850 $389,156 $405,810 $405,933 $409,658 Staff has reviewed the bid documents for content and has investigated the Contractor's background and their recent projects for competency. It is staffs opinion that Roy Allan Slurry Seal, Inc. can satisfactorily perform the work required and recommends that the City Council award a contract in the amount of $370,514 to Roy Allan Slurry Seal, Inc. for the 2008 -2009 Annual Slurry Seal Project and issue a purchase order for the contract amount plus 10% contingency, totaling $407,566. ENVIRONMENTAL ANALYSIS This project is considered a Class 1 exemption as defined in Section 15301(c) of the California Environmental Quality Act since the project consists of the maintenance of existing public streets and does not involve expansion of the existing use of the streets. FISCAL IMPACT The 2008 -09 Capital Improvement Program in Annual Asphalt and Concrete Program has $524,000 budgeted for slurry seal as well as the concrete replacement program. 1. Award a contract to Roy Allen Slurry Seal, Inc. in the amount of $370,514 for the 2008 -09 Annual Slurry Seal Project and issue a purchase order for the contract price plus 10% contingency for a total of $407,566. 2. Waive any informality in the bid or bidding process. 3. Authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. Approved by: Donald Penman, City Manager PM:LT:MR: Attachment Page 2 of 2 2008/2009 ANNUAL SLURRY SEAL PROJECT s NORTH CITY OF ARCADIA SIER COLORADO ST Y - PROJECT B LOCATIONS z O20 M� 3 Z r \ V m � aov Gtly 3 FAMEW AVE • e o • w > 6 > < F D U J N REAL CAMIN J J b 1 LONGDE AV Z LNE AK AV TUNAS LNE O AV i D LOCATION MAP NOT TO SCALE �YUi i��140f �"+unhy ofd °e °+ S TAFF REPORT Development Services Department DATE: May 5, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director Philip A. Wray, Deputy Director of Development Services /City Engineer P `Yw Prepared by: Ramiro Gonzalez, Assistant Engineer SUBJECT: Award Contract — Recommendation: Authorize the City Manager to enter into a contract with Christopher Morales, Inc. in the amount of. $99,900 for the Traffic Signal Modification at Huntington Drive and First Avenue and Santa Anita Avenue and Santa Clara Street and approve a contingency of 10% SUMMARY The Development Services Department/Engineering Division annually budgets funding for traffic signal improvements to replace old equipment, make new improvements and to keep up with new technology. This year funds were designated to install a video detection system at the intersection of Santa Clara Street and Santa Anita Avenue and to install protected /permissive left turn signal phasing at the intersections of First Avenue and Huntington Drive and Santa Anita Avenue and Santa Clara Street. The project was advertised for bids in April and bids were opened on April 21, 2009. Christopher Morales, Inc. submitted the successful low bid in the amount of $99,900. Staff recommends that the City Council award a contract to Christopher Morales, Inc. for the Traffic Signal Modification at Huntington Drive and First Avenue and Santa Anita Avenue and Santa Clara Street project. BACKGROUND This project is part of an ongoing program to upgrade and improve City traffic signals to improve traffic safety, reduce maintenance costs and upgrade with more reliable equipment. In the 2002 -2003 fiscal year, staff undertook an inventory of all traffic signals to identify deficiencies and replacement needs like poles, mast arms, heads, lighting, controllers, power supplies and signal detection systems. More recently, in 2008, staff inventoried signals at the request of the City Council to determine locations for protected /permissive left turn phase applications and needs, and for green right turn arrow installations. Staff developed a list of locations for a replacement and upgrade program. Staff Report Award Contract May 5, 2009 Page 2 The FY 2008/09 CIP program includes a project to install a video detection system at Santa Anita Avenue and Santa Clara Street and a protective /permissive left turn phase at Santa Anita Avenue and Santa Clara Street and at Huntington Drive and First Avenue. The primary reason behind the installation of Protected /Permissive Left Turn (PPLT) signal is that traffic safety, traffic signal operations, and public convenience will be improved. PPLT's are usually installed at signalized intersections with no left turn signals where there are an insufficient number of gaps in the opposing traffic lanes to accommodate left turns. PPLT's reduce driver, annoyance, congestion and increase intersection capacity by improving traffic flows. The Development Services Department/Engineering Division conducted a survey of candidate intersections and determined that the two intersections, Santa Anita Avenue at Santa Clara' Street and Huntington Drive at First Avenue, were ideally suited to receive PPLT installations. Various factors such as turning movements, collision history, volumes, speed, surrounding land use, and intersection geometrics were used to make the determinations. The installation of video detection systems offers a broad range of traffic management applications including intersection control. In addition, saturation and volume counts, and speed counts are easily obtainable.. Rather than reverting to a fixed time operation, a video detection system can be easily reprogrammed to accommodate road construction, re- striping and maintenance operations and maintain real time vehicle actuation. Video detection has proven superior to in- pavement loop detection because it is not impacted by surface and road conditions that tend to get damaged in pavement loop installations. Life spans are typically 15 -20 years and yearly operating and maintenance costs are minimal. The City's goal is to replace all in- pavement loop installations with video detection systems. The program is intended to replace the highest priority installation annually. DISCUSSION The installation of a PPLT at both intersections will consist of new mast arm traffic signal poles, three and five section vehicle heads, pedestrian heads, additional vehicle detection, wiring, load switches, and detector amplifiers in the controller cabinet. Modifications to the traffic signal programming will also be made to accommodate the additional left turn phases. The video detection system will include the installation of mast arm mounted cameras, wiring, and video amplifiers in the controller cabinet. Necessary signage for the left turns will be installed as well as ADA compliant pedestrian pushbuttons. Staff Report Award Contract May 5, 2009 Page 3 The project was advertised for bids in April and bids were opened on April 21, 2009. Bids from 11 prospective contractors were received with the following results: COMPANY AMOUNT CHRISTOPHER MORALES, INC. $ 99,900 FREEWAY ELECTRIC $101,101 PRO TECH ENGINEERING CORP. $108,675 CALIFORNIA PROFESSIONAL ENGR. $110,735 LINCOLN PACIFIC $113,000 C. T. & F., INC. $116,867 DYNALECTRIC $121,336 MOORE ELECTRIC $122,900 MATT GARDNER CONSTRUCTION INC. $124,777 TRAFFIC LOOPS CRACK FILLING INC. $134,980 STEINY & COMPANY, INC. $152,338 Staff has reviewed the bid documents for content, and has investigated the low bidder's background and recent projects for competency. Staff has determined that Christopher Morales, Inc. can satisfactorily perform the required work. Funds were budgeted in the 2008 -2009 CIP in the amount of $110,000 from Redevelopment funds. ENVIRONMENTAL IMPACT The project is categorically exempt per Section 15301 class 1(d) from the requirements of California Environmental Quality Act (CEQA). FISCAL IMPACT Funds were budgeted in the 2008 -2009 CIP in the amount of $110,000 from Redevelopment funds. Funding is sufficient to cover the cost of construction, inspections, administration and contingencies. RECOMMENDATION That the City Council authorize the City Manager to enter into a contract with Christopher Morales, Inc. in the amount of $99,900 for the Traffic Signal Modification at Huntington Drive and First Avenue and Santa Anita Avenue and Santa Clara Avenue Project and approve a contingency of 10 %. Approved by: Q - F) Donald Penman, City Manager JK:PAW:RSG:pa STAFF REPORT Public Works Services Department DATE: May 05, 2009 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Dire or Prepared by: Lubomir Tomaier, Principal Civil Engineer Mark Rynkiewicz, Associate Civil Engineer SUBJECT: SUMMARY On December 16, 2008, the City Council awarded a contract to CJ Construction, Inc. in the amount of $98,992 for the construction of the 2008/09 Annual Asphalt and Concrete Program and Cross Gutter at El Vista Circle. The terms and conditions of this project have been complied with and the work has been performed to staffs satisfaction for a total project cost of $98,844. This amount reflects the original contract amount of $98,992 minus quantity changes totaling $148 below the original contract amount. Staff recommends that the City Council accept all work performed by CJ Construction, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $9,884.40. BACKGROUND 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 a program to slurry seal streets within the City based on a pavement condition index. As a part of the work, adjacent. damaged concrete curbs and gutters are repaired to correct safety and drainage problems. The 2008/09 Capital Improvement Program includes the Annual Asphalt and Concrete Program for this work. Page 1 of 2 Recommendation: Approve Mayor and City Council May 05, 2009 The terms and conditions of this contract have been complied with and the work has been performed to staff's satisfaction. Concrete repairs were conducted on various streets as identified on the attached location map (Attachment). The Annual Asphalt and Concrete Program is awarded in 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. Therefore, the awarded contract amount and final contract amounts vary. Staff recommends that the City Council accept all work performed by CJ Construction, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to retention of $9,884.40. This amount reflects the original contract amount of $98,992.00 minus quantity changes totaling $148.00 below the original contract amount. ENVIRONMENTAL IMPACT This project is categorically exempt per Section 15302 (c) replacement from the requirements of the California Environmental Quality Act. FISCAL IMPACT The 2008/2009 Capital Improvement Program budgeted $500,000 for the Annual Asphalt and Concrete Program and $24,000 for the Cross Gutter at Santa Anita Avenue and El Vista Circle. RECOMMENDATION 1. Accept all work performed by CJ Construction, Inc. for the 2008/09 Annual Asphalt and Concrete Program and Cross Gutter at El Vista Circle as complete. 2. Authorize final payment to be made in accordance with the contract documents, subject to a retention of $9,884.40. Approved by: PM:LT:MR Attachment Donald Penman, City Manager Page 2 of 2 2008/2009 ANNUAL CONCRETE REPAIR PROJECT PROJECT LOCATION MAP DATE: 200812009 ANNUAL CONCRETE REPAIR PROJECT NORTH CHK'D ev: PROJECT LOCATION MAP SCALE: DRAWING N O. 4 `eoe r or J ° r NTS PUBLIC WORKS SERVICES DEPARTMENT ,t , STAFF REPORT Public Works Services Department DATE: TO: FROM: SUBJECT: SUMMARY May 5, 2009 Mayor and City Council Pat Malloy, Assistant City Manager /Public Works Services Direc r Prepared by: Tom Tait, Deputy Public Works Services Director Dave McVey, General Services Superintendent On November 18, 2008, the City Council awarded a contract to Emcor Group, Inc. in the amount of $49,852 for the purchase and installation of variable speed drives for the Police Department's central air conditioning unit. The terms and conditions of this project have been complied with and the work has been performed to staffs satisfaction for a total project cost of $49,852. Therefore, staff recommends that the City Council accept all work performed by Emcor Group, Inc. for the purchase and installation of variable speed drives for the Police Department's central air conditioning unit as complete and authorize the final payment to be made in accordance with the contract documents. DISCUSSION Variable speed drives reduce energy costs and prolong the life of equipment by adjusting the flow of the electric current to meet demand. The previous VSD in the Police Department was installed when the building was built and was malfunctioning, requiring extraordinary maintenance. When a VSD malfunctions, the facility does not receive any air conditioning, which can create an extremely uncomfortable environment during summer months. Public Works Services is responsible for energy management of all City facilities. In order to do so, staff utilizes the Andover system, which allows centralized control of all heating, ventilation, and air conditioning from a computer located and operated in the Page 1 of 2 Recommendation: Approve Mayor and City Council May 5, 2009 Public Works Services Department. The VSD that has now been installed in the Police Department is compatible with the City's Andover system. Staff expects the new VSD to work with no problems for the next ten (10) years. The terms and conditions of this contract have been complied with and the work has been.performed to staffs satisfaction with no contract change orders. Therefore, staff recommends that the City Council accept all work performed by Emcor Group, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $4,985.20. FISCAL IMPACT $50,000 is included in the 2008 -2009 Capital Improvement Program Budget under the Replacement of Pump drives and transformers Facility project RECOMMENDATION 1. Accept all work performed by Emcor Group, Inc. for the purchase and installation of variable speed drives for the Police Department's central air conditioning unit as complete. 2. Authorize final payment to be made in accordance with the contract documents, subject to a retention of $4,985.20. Approved by: Donald Penman, City Manager PM:jb Page 2 of 2 L 7 DATE: May 5, 2009 STAFF REPORT Public Works Services Department TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Direc r Prepared by: Tom Tait, Deputy Public Works Services Director SUBJECT: SUMMARY On November 14, 2008, the City Council approved a final one -year contract extension with Grace Building Maintenance Company, Inc. to perform janitorial and porter services at various City facilities. During the month of March 2009, Grace Building failed to meet payroll obligations and performance requirements which led to the City terminating its contract with Grace Building on April 6, 2009 for breach of contract. In order to continue janitorial and porter services at City facilities, Public Works Services Department (PWSD) issued a purchase order in the amount of $26,560, for the month of April to Valley Maintenance Corporation, Public Works Services is going through the formal bidding process to award an annual contract and anticipates coming back to the City Council this June with a report and recommendation for a contract award for fiscal year 2009/10. Staff recommends that the City Council approve a two (2) month purchase order contract in the amount of $60,000 with Valley Maintenance Corporation to continue janitorial and porter services at City facilities until a new contract is awarded by the City Council this June. DISCUSSION The Public Works Services Department is responsible for janitorial and porter services at City facilities. Janitorial services include cleaning all common areas, restrooms, and offices at City Hall, Community Center, Museum, Library, and the Public Works Service Center. Porter services are performed at City Hall, Library, Community Center, Fire Station 105 and the Police Department whose services include cleaning light fixtures, Page 1 of 2 OF $60,000 Recommendation: Approve Mayor and City Council May 5, 2009 public restrooms, and helping office staff with routine services that includes setting up for special events and cleaning and stocking public restrooms. Grace Building failed to meet payroll obligations and performance requirements last March which led to the termination of our contract with Grace Building on April 6, 2009. Grace Building employees were not receiving payment for their services and as a result were not cleaning City facilities. PWSD issued a purchase order to Valley Maintenance Corporation in early April to temporarily provide cleaning and porter services until a new contract is awarded. Valley Maintenance Corporation has agreed to clean the City's facilities for the three (3) month period for the same amount that the City was paying Grace Building, excluding special cleaning tasks. Staff has prepared specifications and is currently out to bid for a new janitorial and porter services contract with a bid closing date of May 19, 2009. PWSD will present a new janitorial and porter services contract to the City Council for consideration this June. Staff recommends that the City Council approve a two (2) month purchase order contract with Valley Maintenance Corporation for janitorial and porter services at various City facilities in the amount of $60,000 until the formal bidding process is complete and a new contract is awarded. FISCAL IMPACT Sufficient funds are budgeted in the 2008/09 operating budget. RECOMMENDATION Approve a two month (2) purchase order contract with Valley Maintenance Corporation for janitorial and porter services at various City facilities in the amount of $60,000. Approved by: ..fie � R-i - Donald Penman, City Manager PM:TT:jb Page 2 of 2 4 STAFF REPORT Administrative Services Department DATE: May 5, 2009 TO: Mayor and City Council FROM: Hue C. Quach, Administrative Services Director Prepared by: Michael A. Casalou, Human Resource /Administrator SUBJECT: CLASSIFICATION SPECIFICATIONS AND COMPENSATION LEVEL FOR TRAFFIC SIGNAL/STREET LIGHT TECHNICIAN AND MECHANIC (PART- TIME) Recommendation: Approve SUMMARY It is recommended that the City Council approve the new classification specifications and compensation level for Traffic Signal /Street Light Technician and Mechanic (Part - Time) in the Public Works Services Department. BACKGROUND In an effort to reduce costs and improve operational efficiency, the Public Works Services Department is proposing the creation of two new job classes: Traffic Signal /Street Light Technician and Mechanic (Part-Time) (classification specifications attached). The creation of these positions will assist the City in meeting the current budgetary challenges as well as increase the flexibility and operational efficiency in the Public Works Services Department. Staff has met with and reviewed theses positions with the leadership of the Arcadia Public Works Employees Association (APWEA) and they have approved of both specifications. Additionally, both specifications were reviewed and approved by the Human Resources Commission on March 12, 2009. Traffic Signal /Street Light Technician The City currently has a classification called Street Light Technician. The proposed new position more accurately states the assignments needed for this position by incorporating the signal maintenance activities and administrative functions required of the position. In addition, staff is recommending requiring the ability to obtain Level 1 Municipal Signal Association Certification (IMSA). Staff is recommending the salary for Traffic Signal /Street Light Technician be set at Range 56P ($3,726 - $4,653). This salary Mayor and City Council May 5, 2009 Page 2 of 2 range is the same range as the Fleet Technician/Welder and Water Production Technician II which have similar education, knowledge, skill and ability requirements. Mechanic (Part -Time) This new position will assist the Fleet section in the Public Works Services Department by performing basic and routine repair and maintenance on City vehicles. This part- time . position is non- benefitted and will not be a bargaining unit position. The position will also provide valuable experience for any employees interested in full time positions within the City's fleet section. Staff is recommending the salary for Mechanic . (Part- Time) be set at Range PT 13 ($12:54 - $15.24) per hour. FISCAL IMPACT Currently the Department uses a Street Light Technician, Maintenance Worker and contracts with a private company to coordinate street light and traffic signal activities. As part of several cost saving measures being considered, Public Works Services has proposed a small department re- organization which includes downgrading a vacant Crew Supervisor position at Range 59P ($4,012- $5,011) to the proposed Traffic Signal /Street Light Technician at Range 56P ($3,726- $4,653) and filling this position with an existing Maintenance Worker via a reclassification; and reclassifying the existing Street Light Technician at Range 53P ($3,460 - $$,320) to the new position of Traffic Signal /Street Light Technician at Range 56P ($3,726 - $4,653) This staffing model will provide a cost savings to the City from salary and benefit savings as well as the Department will be able to significantly reduce the amount expended on contracting out these services. Additionally, the proposed reorganization will allow the Department to temporarily use a Mechanic (Part-Time) position in lieu of filling a Fleet Technician 1 /11. This will result in a cost savings to the General Fund from salary and benefit savings. Funds are budgeted in Fiscal Year 2009/10 Operating Budget pending City Council's approval. RECOMMENDATION It is recommended that the City Council: Approve classification specifications and the compensation level for Traffic Signal /Street Light Technician and Mechanic (Part -Time) in the Public Works Services Department. APPROVED: apu4o pi rv»-a.-- Donald,Penman, City Manager DATE: May 5, 2009 TO: Mayor and City Council FROM: Donald Penman, City Manager By: Linda Garcia, Com unications, Marketing and Special Projects Manage SUBJECT: AMERICAN RECOVERY AND REINVESTMENT ACT FUNDING REQUESTS Recommendation: Receive and file SUMMARY The American Recovery and Reinvestment Act passed by Congress earlier this year provides opportunities for local and State agencies to seek funding for municipal, educational and social service projects and programs. Attached to this report is a summary of the funding requests Arcadia staff is making on behalf of the City. Staff is providing the material for the Council's information and requests that you receive and file this report. DISCUSSION The American Recovery and Reinvestment Act (ARRA) encompasses a number of programs through which cities may apply for money to pay for certain services, programs and projects. When the ARRA was passed by Congress all City departments as well as our State and Federal lobbyists reviewed it for possible application to Arcadia. The attached document reflects the areas where staff believes there is a possibility for funding and notes the specific projects and status of the grant applications. One of the projects staff had hoped to obtain financial assistance for was the construction of a new City Hall, in part due to its green technology and ability to create jobs in a short period of time. Unfortunately, the ARRA as it currently stands does not provide assistance for this type of project. Should this change in the future and money become available for "bricks and mortar" civic building construction projects, staff will investigate and pursue as appropriate. As new information becomes available staff will update the City Council. Many of the projects referenced on the attached document will require specific Council approval in terms of either accepting the grant or authorizing the award of a contract(s). Office of the City Manager Mayor and City Council — ARRA Funding Requests May 5, 2009 Page 2 FISCAL IMPACT Some City funding will be needed as a match on the street projects; Proposition C funds are proposed in the fiscal year 2009 -2010 Capital Improvement Program. RECOMMENDATION It is recommended that the City Council receive and file this report. 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