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. Huntington Drive, Arcadia, California, during normal business hours. .
contract documents subiect to a retention of $4.985.20.
Recommended Action: Approve
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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."
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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
- - - -
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I
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1:
reecc oa wnu I I �� � I
II
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I'
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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"
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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"
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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"
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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
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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
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writing by the City Manager and Superintendent of Schools, or
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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
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EXHIBIT "A"
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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
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�"+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
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PROJECT LOCATION MAP
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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.
Attachment
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