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HomeMy WebLinkAboutMay 19, 2009CITY OF ARCADIA CITY COUNCIUREDEVELOPMENT AGENCY ^^; ° REGULAR MEETING TUESDAY, MAY 19, 2009 AGENDA 4:00 p.m. Location: City Council Chamber Conference Room, 240 W. Huntington Drive CALL TO ORDER ROLL CALL OF CITY COUNCIUREDEVELOPMENT 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 PUBLIC COMMENTS - STUDY SESSION /CLOSED SESSION (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. STUDY SESSION a. Report, discussion and direction regarding the Mid Year Budget. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(b)(1) to confer with legal counsel regarding potential litigation by the Environmental Protection Agency (EPA) concerning the Casmalia Disposal Site and alleged liability of the City of Arcadia, among many other parties, for the disposal of waste at the Site. b. 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. 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 of5ae located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. 7:00 p.m., City Council Chamber RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING TO OPEN SESSION CALL TO ORDER INVOCATION Reverend John Payton, Point Loma Nazarene University PLEDGE OF ALLEGIANCE Sara Somogyi, Recreation and Community Services Director ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: Amundson, Chandler, Harbicht, Kovacic and Wuo REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON STUDY SESSION /CLOSED SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGERIEXECUTIVE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL 1. PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. CITY COUNCIL ITEMS: a. pertaining to temporary banners and commercial and industrial parking. Recommended Action: Conduct Public Hearing and Introduce the Ordinance 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 Emit 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- CounciVRedevelopment 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 tws ager>r 0 wig be made available for public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, California, dumU.rxmrat business hours. 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 May 5. 2009. Recommended Action: Approve CITY COUNCIL ITEMS: b. ADDrove the Meetina Minutes of Mav 5. 2009 Recommended Action: Approve C. Adopt Ordinance No. 2257 amending the Arcadia Municipal Code by adding Article IV, Chapter 9.4 to include Residency and Loitering Restrictions for Sex Offenders. Recommended Action: Adopt d. Adopt Resolution No. 6677 dedicating real property at the Library for streets and highways purposes. Recommended Action: Adopt e. Adopt Resolution No. 6678 authorizing the City Manager to execute a f. Accept all work Derformed by West Tek. Inc. for the Installation of Enhanced Vapor Recovery Systems for the Underground Fuel Tanks at the Police Station and Fire Station #106 as complete and authorize the final payment to be made in accordance with contract documents. Recommended Action: Approve El software system support services in the amount of $21.800. Recommended Action: Approve h. Authorize the City Manager to execute the annual Professional Services Agreement with All City Management Services for crossing guard services in the amount of $151,868. Recommended Action: Approve Authorize the City Manager to execute the annual Professional Services Agreement with Pasadena Humane Society & SPCA for animal control services in the amount of $81,142.44. Recommended Action: Approve Any writings or documents provided to a majority of the City Council reganting any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W. Huntington Oliva, Arcadia, California, during normal business hours . Recommended Action: Adopt j. Approve a gift in the amount of $40.000 from the Friends of the Arcadia Public Library to the Library for programs and materials Recommended Action: Approve 3. CITY MANAGER a. Authorize the Citv Manager to execute a Professional Services Agreement with Southland Transit, Inc. for an amount not to exceed $6,325,590 for up to five (5) years effective July 1, 2009 for the daily operation of the Arcadia Transit Dial -A- ride system from FY 2009 -2010 through FY 2013 - 2014. Recommended Action: Approve ADJOURNMENT The City Council /Redevelopment Agency will adjourn this meeting to Tuesday, June 2, 2009, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the 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 at 240 W Huntington Drive, Arcadia, Califomia, during normal business hours. Development Services Department May 19, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director�- By: Jim Kasama, Community Development Administratpr/ Prepared by: Steven Lee, Assistant Planner 87_ 7 SUBJECT: Consideration of Text Amendment No. TA 09 -02 to amend Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code; regulations pertaining to temporary banners and commercial /industrial parking. Recommended action: Introduce Ordinance No. 2258 SUMMARY The Development Services Department is proposing to amend the City's temporary banner regulations and parking standards to address recurring issues that staff has encountered over the past few years. For the banner regulations, staff is proposing to add a provision that addresses the location of temporary banners and to create a time limit exception for future tenants and existing tenants without permanent signage. Staff is also proposing to amend the parking regulations to prohibit the designation of required parking spaces for a specific business, individual, or group of individuals. The Development Services Department is recommending approval of the proposed text amendments as set forth in this staff report. DISCUSSION Temporary Banners Recently, staff has observed a growing number of free - standing banners in some of the City's major retail centers. Such advertising devices are supported by poles and are typically installed in landscaped areas of surface parking lots. Staff has approved such banners because the current temporary banner regulations do not address the location of banners. In staffs opinion, free - standing banners are not only unattractive - especially when there are multiple banners - but also pose a safety hazard due to their potential to fall over in the wind. Therefore, staff is proposing to add a provision stating that banners shall be mounted on a building. Additionally, staff recommends prohibiting roof - mounted banners since the Code already prohibits roof - mounted flags, balloons, and similar attention - attracting features. Another issue staff has encountered is when a future tenant wishes to display a banner announcing their imminent arrival (e.g. "Joe's Restaurant Opening Soon ") or when they open for business but have not yet installed a permanent sign. In such cases, staff finds it appropriate to allow an exception to the banner time limits since the banners are not announcing a special promotion or event (e.g. "50% Off' or "Change in Ownership "), but are effectively serving as the tenant's primary sign. Under the current regulations, a business is only permitted to display a banner for up to 30 continuous days and no more than 60 days per calendar year. The proposed text amendment would allow future tenants to display a banner advertising the name of the business for up to 60 continuous days, which would not count toward the 60 -day maximum display period for the year. (Several nearby cities, including Pasadena, Monrovia, and Temple City, allow a time limit exception for future tenant banners.) Staff also recommends granting this same exception for existing tenants whose permanent signage is removed for remodeling or maintenance work. Finally, staff made further revisions to the regulations to improve their organization and clarity. Please refer to Attachment 1 for the amended regulations. The existing text to remain appears in black and the new language appears in italics, with strikeouts on the language to be omitted. The amended regulations would apply to all commercial zones and the M -1, Planned Industrial District zone. Designation of Required Parking Spaces Planning Services has a written policy dating back to 1983 stating that "required parking spaces are not permitted to be reserved." The reasoning behind this policy is that reserving required spaces for one business has the net effect of removing such spaces from use by the general public. Staff is proposing a text amendment to codify this long- standing policy. The requirement would appear in the commercial /industrial parking regulations under the Mixed Use section (staff is proposing to re -title it Multiple Use), and would prohibit designation of required parking spaces for one particular business, individual (e.g. Reserved for Bank Manager), or group of individuals (e.g. Employee Parking Only). Staff would like to clarify that this would only apply to required parking, meaning if a property with multiple uses has surplus parking, those additional parking spaces could be reserved. Please refer to Attachment 2 for the amended regulations. At the request of the Planning Commission, staff forwarded both of the proposed text amendments to the Arcadia Chamber of Commerce for review and comment. The Chamber found the amendments to be appropriate and did not have any objections. TA 09 -02 May 19, 2009 Page 2 PLANNING COMMISSION ACTION At its regular meeting of March 24, 2009, the Planning Commission considered the proposed text amendments and voted 5 -0 to recommend approval. An excerpt of the Planning Commission meeting minutes is attached to this staff report. ENVIRONMENTAL ANALYSIS The proposed text amendments are exempt from the requirements of the California Environmental Quality Act (CEQA). There is no possibility that the text amendments will have a significant effect on the environment under Section 15061(b)(3) of the CEQA Guidelines. A Preliminary Exemption Assessment is attached. FISCAL IMPACT The proposed text amendments will have no direct fiscal impact. RECOMMENDATION The Development Services Department recommends that the City Council approve Text Amendment No. TA 09 -02 by introducing the attached Ordinance No. 2258: An ordinance of the City Council of the City of Arcadia, Article IX, Chapter 2, Part 6 of the Arcadia Municipal temporary banners and commercial and industrial parking. Approved By: Donald Penman, City Manager Attachments: Ordinance No. 2258 California, amending Code pertaining to Amended temporary banner and parking regulations March 24, 2009 Planning Commission Minutes Preliminary Exemption Assessment TA 09 -02 May 19, 2009 Page 3 ORDINANCE NO. 2258 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE IX, CHAPTER 2, PART 6 OF THE ARCADIA MUNICIPAL CODE PERTAINING TO TEMPORARY BANNERS AND COMMERCIAL AND INDUSTRIAL PARKING. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9260.3.10, Subsection 2 of Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9260.3.10. AUXILIARY SIGNS. 2. Temporary Banners: The regulations set forth in Section 9261.4.4 shall be the regulations for temporary banners in the CPD -1 Commercial Planned Development -1 Zone." SECTION 2. Sections 9261.4.4, 9262.4.13, and 9266.2.8.6 of Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code are hereby amended in their entirety to read as follows: "9261.4.4. TEMPORARY BANNERS. The following regulations shall apply to temporary banners: A. Definition: A temporary banner is a sign containing a message in text form, which is constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. B. Application Process: An application for a temporary banner permit shall be submitted in writing to the Community Development Division, and requires approval by the Development Services Director or designee, prior to the display of any banner. The application shall include a description of the banner and its materials, its general content, location on the property, size, the time period that the banner will be displayed, the address of the property, the name of the business, and the name of the person requesting the approval of the permit. A fee in an amount established by resolution of the City Council from time to time shall be submitted at the same time the application is filed with the City. C. Number and Size: A maximum of two (2) temporary banners, at any one (1) time, may be permitted for each business. The maximum total surface area of all such temporary banner(s), in the aggregate, for each business, shall not exceed thirty -two (32) square feet. D. Location and Height Clearance: Temporary banners shall be mounted on the building in which the business displaying the banner(s) is located. Free - standing or roof - mounted banners are prohibited. No part of a banner shall have a clearance of less than seven feet (7') over a pedestrian way and fifteen feet (15') over a vehicular way. E. Time Limits: The use of temporary banner(s) for any business shall not exceed sixty (60) cumulative days in any one (1) calendar year, with any single display period not to exceed thirty (30) continuous days in any one (1) year. There shall be a minimum interval of two (2) weeks between approved periods during which a banner(s) is displayed. Each business shall be allowed a maximum of six (6) display periods in any one (1) calendar year. Exceptions: 1. Temporary banners for events or activities sponsored by non - profit organizations may be authorized for an additional thirty (30) cumulative days in any one (1) calendar year. 2 2. Future tenants and existing tenants whose permanent lawful signage is removed for remodeling or maintenance work may display a banner(s) advertising the name of the business for up to sixty (60) continuous calendar days. Such banners shall be removed prior to installation of a permanent sign and shall be exempt from the time limits as described in Paragraph E above. Notwithstanding any other section of the Arcadia Municipal Code, the owner or person who installs or displays a banner in violation of this Title shall remove the banner upon order of the Development Services Director or designee. For the purpose of this Section, any portion of any day in which a banner is or remains installed or displayed shall be counted as one (1) full day." "9262.4.13. TEMPORARY BANNERS. The following regulations shall apply to temporary banners: A. Definition: A temporary banner is a sign containing a message in text form, which is constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. B. Application Process: An application for a temporary banner permit shall be submitted in writing to the Community Development Division, and requires. approval by the Development Services Director or designee, prior to the display of any banner. The application shall include a description of the banner and its materials, its general content, location on the property, size, the time period that the banner will be displayed, the address of the property, the name of the business, and the name of the person requesting the approval of the permit. A fee in an amount established by resolution of 'the City Council from time to time shall be submitted at the same time the application is filed with the City. C. Number and Size: A maximum of two (2) temporary banners, at any one (1) time, may be.permitted for each business. The maximum total surface area of all such temporary banner(s), in the aggregate, for each business, shall not exceed thirty-two (32) square feet. D. Location and Height Clearance: Temporary banners shall be mounted on the building in which the business displaying the banner(s) is located. Free- standing or roof - mounted banners are prohibited. No part of a banner shall have a clearance of less than seven feet (7') over a pedestrian way and fifteen feet (15') over a vehicular way. E. Time Limits: The use of temporary banner(s) for any business shall not exceed sixty .(60) cumulative days in any one (1) calendar year, with any single display period not to exceed thirty (30) continuous days in any one (1) year. There shall be a minimum interval of two (2) weeks between approved periods during which a banner(s) is displayed. Each business shall be allowed a maximum of six (6) display periods in any one (1) calendar year. Exceptions: 1. Temporary banners for events or activities sponsored by non - profit organizations may be authorized for an additional thirty (30) cumulative days in any one (1) calendar year. 2. Future tenants and existing tenants whose permanent lawful signage is removed for remodeling or maintenance work may display a banner(s) advertising the name of the business for up to sixty (60) continuous calendar days. Such banners shall be removed prior to installation of a permanent sign and shall be exempt from the time limits as described in Paragraph E above. Notwithstanding any other section of the Arcadia Municipal Code, the owner or person who installs or displays a banner in violation of this Title shall remove the banner upon order of the Development Services Director or designee. For the purpose of this Section, any portion of any day in which a banner is or remains installed or displayed shall be counted as one (1) full day." 9 "9266:2.8.6. 'TEMPORARY BANNERS. The following regulations shall apply to temporary banners: A. Definition: A temporary banner is a sign containing a message in text form, which is constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction, or installation outside of a building. B. Application Process: An application for a temporary banner permit shall be submitted in writing to the Community Development Division, and requires approval by the Development Services Director or designee, prior to the display of any banner. The application shall include a description of the banner and its materials; its general content, location on the property, size, the time period that the banner will be displayed the address of the property, the name of the business, and the name of the person requesting the approval of the permit. A fee in an amount established by resolution of the City Council from time to time shall be submitted at the same time the application is filed with the City. C. Number and Size: A maximum of two (2) temporary banners, at any one (1) time, may be permitted for each business.. The maximum total surface area of all such temporary banner(s), in the aggregate, for each business, shall not exceed thirty-two (32) square feet. D. Location and Height Clearance: Temporary banners shall be mounted on the" building in which the business displaying the banner(s) is located. Free - standing or roof - mounted banners are prohibited. No part of a banner shall have a clearance of less than seven feet (7') over a pedestrian way and fifteen feet (15') over a vehicular way. E. Time Limits: The use of temporary banner(s) for any business shall not exceed sixty (60) cumulative days in any one (1) calendar year, with any single display period not to exceed thirty (30) continuous days in any one (1) year. There shall be a minimum interval of two (2) weeks between approved periods during which a banner(s) is M displayed. Each business shall be allowed a maximum of six (6) display periods in any one (1) calendar year. Exceptions: 1. Temporary banners for events or activities sponsored by non - profit organizations may be authorized for an additional thirty (30) cumulative days in any one (1) calendar year. 2. Future tenants and existing tenants whose permanent lawful signage is removed for remodeling or maintenance work may display a banner(s) advertising the name of the business for up to sixty (60) continuous calendar days. Such banners shall be removed prior to installation of a permanent sign and shall be exempt from the time limits as described in Paragraph E above. Notwithstanding any other section of the Arcadia Municipal Code, the owner or person who installs or displays a banner in violation of this Title shall remove the banner upon order of the Development Services Director or designee. For the purpose of this Section, any portion of any day in which a banner is or remains installed or displayed shall be counted as one (1) full day." SECTION 3. Section 9269.4 of Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9269.4. MULTIPLE USES. In the event that two (2) or more uses occupy the same building, lot, or parcel of land, the total requirements for off - street parking shall be the sum of the requirements applicable to each and all of the various uses computed separately. Designation of required parking spaces for exclusive use by one particular business, individual, or group of individuals is prohibited." SECTION 4. This Ordinance shall become effective on the thirty first (31 st) day following its adoption. ri 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 said City within fifteen (15) days after its adoption. 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 7 9262.4.13. TEMPORARY BANNERS. The following regulations shall apply to temporary banners A. Definition: A temporary banner is a sign containing a message in text farm, which is constructed of pliable materials such as canvas, fabric, vinyl plastic or similar materials which will withstand exposure to wind and rain without significant deterioration, and which does not require a building permit for its construction or installation outside of a building. B. Application Process: Requests An application for a temporary banner permit shall be submitted in writing to the Community Development Division, and requires approval by the Development Services Director or designee, prior to the display of any banner. ead The application shall include a description of the banner and its materials, its general content, location on the property, size, (rxeteFiels), the time period that the banner will be displayed, the address of the property, the name of the business, and the name of the person requesting the approval of the permit. A fee in an amount established by resolution of the City Council from time to time shall be submitted at the same time the application is filed with the City. C. Number and Size: A maximum of two (2) temporary banners, at any one'(1) time, may be permitted for each business. The maximum total surface area of all such temporary banner(s), in the aggregate, for each business, shall not exceed thirty-two (32) square feet. D. Location and Height Clearance: Temporary banners shall be mounted on the building in which the business displaying the banner(s) is located. Free- standing or roof - mounted banners are prohibited. No part of a banner shall have a clearance of less than seven feet (7) over a pedestrian way and fifteen feet (1 S ) over a vehicular way. E. Time Limits: The use of temporary banner(s) for eaeh any business shall not exceed more 4WH sixty (60) cumulative days in any one (1) calendar year, with any single display period not to exceed a tee€ thirty (30) continuous days pev in any one (1) year-,vaith. There shall be a minimum interval of two (2) weeks interval between tunes approved periods during which the a banner(s) is displayed. Each business shall be allowed a maximum ofsix (6) display periods in any one (1) calendar year. Exceptions: 1. Temporary banners for events or activities sponsored by non -profit organizations may be authorized for an additional thirty (30) cumulative days in any one (1) calendar year. 2. Future tenants and existing tenants whose permanent lawful signage is removed for remodeling or maintenance work may display a banner(s) advertising the name of the business for up to sixty (60) continuous calendar days. Such banners shall be removed prior to installation of a permanent sign and shall be exempt from the time limits as described in Paragraph E above. Notwithstanding any other section of the Arcadia Municipal Code, the owner or person in possession e who installs or displays a banner in violation of this Title shall remove the serxe banner upon order of the Development Services Director or designee. For the purpose of this Section, any portion of any day in which a banner is or remains installed or displayed shall be counted as one (1) full day. 9269.4. ARXE MULTIPLE USES. In the event that two (2) or more uses occupy the same building, lot, or parcel of land, the total requirements for off - street parlang shall be the sum of the requirements applicable to each and all of the various uses computed separately. Designation of required parking spaces for exclusive use by one particular business, individual, or group of individuals is prohibited. MINUTES ARCADIA PLANNING COMMISSION Tuesday, March 24, 2009, 7:00 P.M. The Planning Commission of the City of Arcadia met in regular session on Tuesday, March 24, 2009 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington Drive, with Chairman Beranek presiding. PLEDGE OF ALLEGIANCE ROLL CALL: PRESENT: Commissioners Baderian, Baerg, Hsu, Parrille and Beranek ABSENT: None OTHERS ATTENDING City Councilman Gary Kovacic City Engineer.Phil Wray Community Development Administrator Jim Kasama Associate Planner Tom Li Assistant Planner Steven Lee Senior Administrative Assistant Billie Tone SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS None TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING COMMISSION ON NON - PUBLIC HEARING MATTERS — Five - minute time limit per person None PUBLIC HEARINGS 1. TENTATIVE PARCEL MAP NO. TPM 09 -02 (70985) 19 Genoa Street Trinity Genoa, LLC The applicant is requesting a tentative parcel map for a three -unit residential condominium. Associate Planner Tom Li presented the staff report. Chairman Beranek called for questions from the Commissioners and asked if anyone wanted to speak in support of or in opposition to the proposed project. There were none. Without objection the public hearing was closed. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Parrille, to approve Tentative Parcel Map No. TPM 09 -02 (70985).. ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu, Parrille and Beranek NOES: None There is a ten day appeal period from the date of the decision. Appeals are to be filed by April 3, 2009. 2. TEXT AMENDMENT 09 -02 Citywide Text Amendment No. TA 09 -02 amends the regulations for temporary banners and parking for multiple uses. Assistant Planner Steven Lee presented the staff report. Commissioner Baderian asked if the proposed changes to Temporary Banner regulations had been reviewed with the Chamber of Commerce. Mr. Lee said they had not. Commissioner Baerg asked if these regulations applied to sandwich board signs and Mr. Lee said that sandwich board signs are considered permanent signs so the regulations would not apply to them. Commissioner Parrille noted that the regulations refer to "multiple uses" and he asked for clarification'of this phrase. Mr. Lee explained that the regulations apply only to properties where there are multiple commercial tenants. Commissioner Parrille asked for clarification on the issue of exclusive parking rights. Mr. Kasama said that if an existing tenant currently has exclusive rights to certain parking spaces, those rights would be retained or "grandfathered ". He also pointed out that since this type of parking arrangement has been prohibited since 1983, he doesn't anticipate any problems in this area. Commissioner Baderian asked if staff has received complaints regarding temporary banners particularly in regard to roof safety. Mr. Lee said that he is not aware of any complaints but that staff wished to address these issues as a preventative measure. Mr. Kasama explained that in the last six months some property owners have attached a banner to a pole in the front of their property and that, conceivably, each business in a shopping center could follow suit. This is one of the situations staff is trying to avoid. Councilman Kovacic said that the most common - complaints addressed to him as a member of the City Council relate to signs and banners. PC MINUTES 3 -24 -09 Page 2 MOTION: It was moved by Commissioner Parrille, seconded by Commissioner Baderian, to close the public hearing. Without objection the public hearing was closed. Commissioner Baderian complimented staff on the quality of their work and agreed that safety issues and the problem of excessive banners needs to be addressed. However, he would have liked to allow the Chamber of Commerce an opportunity to review the proposed regulations too. MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Parrille, to recommend approval of Text Amendment No. TA 09 -02. ROLL CALL: AYES: Commissioners Baderian, Baerg, Hsu, Parrille and Beranek NOES: None The Planning Commission's recommendation will be forwarded to the City Council for consideration. CONSENT ITEMS 3. MINUTES OF FEBRUARY 10, 2009 4. MINUTES OF FEBRUARY 24, 2009 MOTION: It was moved by Commissioner Baderian, seconded by Commissioner Hsu, to approve the minutes of February 10 and February 24, 2009, as presented. Without objection the minutes were approved as presented. MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION Councilman Gary Kovacic thanked the Commissioners for their participation in the joint meeting with the City Council on February 24. He said that the GPAC did a wonderful job with their recommendations and that they obviously had the best interests of the city in mind. Councilman Kovacic said he felt the GPAC members were surprised at the unanimous opposition expressed at the meeting to the "over -use" of the mixed use concept but that he was sure they would take the comments made at the meeting into consideration when they developed their revised recommendations. Councilman Kovacic reported that at the last Council meeting, the plans for the new City Hall building were indefinitely postponed and it was announced that the Mayor's breakfast, scheduled PC MINUTES 3 -24 -09 Page 3 I for this Friday, %, ' ,)sold out. He said that the Guideline .. !r Architectural Design Review were approved after a lively discussion and added that the proposed revisions were good. He pointed out that the guidelines . have served their purpose over the last few years with very little opposition. Councilman Kovacic encouraged everyone to visit the Arcadia Historical Museum to enjoy the many wonderful exhibits and programs they present. MODIFICATION COAD&TTEE MEETING ACTIONS Commissioner Parrille said there was no Modification Committee meeting today. FURTHER MATTERS FROM STAFF Mr. Kasama reviewed upcoming cases. ADJOURNED 7:25 p.m, �J . B wtwx Chairman, Planning Commission' ATTEST: PC MR&rM 3 -24-09 Page 4 PRELIMINARY EXEMPTION ASSESSMENT s• • •+' (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: Text Amendment No. TA 09 -02 amending the City's temporary banner and parking regulations 2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7%:' topographical map identified by quadrangle name): Citywide 3. Entity or person undertaking project: ® A. City of Arcadia ❑ B. Other (Private) (1) Name: (2) Address: (3) Phone: 4, Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ❑ The proposed action does not constitute a project under CEQA b. ❑ The project is a Ministerial Project. C. ❑ The project is an Emergency Project. d. ❑ The project constitutes a feasibility or planning study. e. ® The project is categorically exempt. Applicable Exemption Class: 15061 Section No.: (b)(3) f. ❑ The project is statutorily exempt. Applicable Exemption: Section No.: g. ❑ The project is otherwise exempt on the following basis: h. ❑ The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Date: March 24 2009 Staff: Steven Lee Assistant Planner 51:0061 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, MAY 5, 2009 CALL TO ORDER Mayor Wuo called the meeting to order at 6:00 p.m. ROLL CALL OF CITY COUNCILIREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo ABSENT: None STUDY SESSION PUBLIC COMMENTS (5 minutes per person) None 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. Steve Larson, Senior Partner with Caporicci & Larson of the City's auditing firm discussed the City's financial audit. He reported on the scope of the audit, objectives of the financial statements, management and auditor's responsibilities and the audit approach regarding internal controls in compliance with Government Auditing Standards. RECONVENE CITY COUNCIL /REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Wuo called the regular meeting to order in the Council Chamber at 7:00 p.m. INVOCATION Reverend Melissa MacKinon, Church of the Good Shepherd 05 -05 -2009 51:0062 PLEDGE OF ALLEGIANCE Hue Quach, Administrative Services Director ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Harbicht, Kovacic and Wuo ABSENT: None REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON STUDY SESSION ITEMS City Attorney Steve Deitsch reported that the City Council met in a closed session to consider the one (1) item listed on the posted agenda. No reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS City Manager Donald Penman noted a change was made to Consent Calendar Item 2.f regarding the term and requested the item be pulled for clarification. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Mayor Pro Tern 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 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 Police Chief Sanderson presented the staff report regarding residency and loitering restrictions for sex offenders. He reported that on November 7, 2006, the voters approved Proposition 83 "The Sexual Predator Punishment and Control Act" (Jessica's Law) which better protects Californians and especially children from sex offenders; that Proposition 83 prohibits any registered sex offender on parole from the California Department of Corrections and Rehabilitation, Adult Parole Operations from residing within 2,000 feet of any public or private school or park where children regularly gather. He further reported Proposition 83 authorizes municipal jurisdictions to enact local ordinances to further restrict the residency of any registered sex offender, whether or not they are on parole or probation. Chief Sanderson noted 05 -05 -2009 51:0063 that many surrounding cities have adopted a local ordinance including Los Angeles County. He discussed Arcadia's potential residency and loitering restrictions, exclusion zones, sex offender recidivism, parole and offender residency placement and the current status of sex offenders in Arcadia and Los Angeles County and recommended the City Council introduce Ordinance No. 2357. Mayor Wuo opened the public hearing. A motion to close the public hearing was made by Council Member Harbicht seconded by Council Member Chandler and seeing no further objection, Mayor Wuo declared the public hearing closed. It was moved by Council Member Chandler seconded by Council Member Harbicht and carried on roll call vote to 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. AYES: Council Member Chandler, Harbicht, Amundson, Kovacic and Wuo NOES: None ABSENT: None PUBLIC COMMENTS Paula Vento, Hugo Reid Elementary School parent appeared to thank Rick Caruso for his generosity in underwriting their parent party fundraiser and spoke in support of the Caruso Shops at Santa Anita project. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Chandler provided an update regarding the improvements currently taking place at the Arcadia Par 3 Golf Course by American Golf Corporation; he reminded citizens that Wednesday is trash pick up; he commented on the Arcadia Fire Fighters Association pancake breakfast and the community bike ride; and horseracing at Santa Anita. Council Member Harbicht noted that Magna Entertainment, the company that owns the race track filed bankruptcy, not Santa Anita Race Track and there will be no change in the racing operation; he reported that the City receives over $1 million dollars from the race track which is used for capital improvement projects not the City's operating budget. Council Member Kovacic thanked the Hugo Reid Elementary School parents for attending the meeting; he asked the City Attorney to provide a brief update of the Caruso project; he commented on the City's Bike Ride; he thanked the Police Department for directing traffic and thanked the Fire Fighters Association for hosting the pancake breakfast; and announced Law Day on May 9` at the Library. Mayor Pro Tern Amundson commented on information provided to residents on the City's website; he also noted that he hopes there will be no change in racing operations at the race track; he announced that Thursday is National Day of Prayer; the State Election is on May 19 t h; and reminded residents the Los Angeles County Assessors automatically evaluates property values and property tax information at no charge. 05 -05 -2009 51:0064 City Clerk Barrows congratulated everyone involved on a successful bike ride and pancake breakfast; he thanked. Mayor Wuo and Mayor Pro Tem Amundson for attending the Arcadia Council PTA installation meeting and ,luncheon; he thanked Hugo Reid Elementary School parents for attending the City Council meeting and thanked all the PTA's for the support they give the students, parents and teachers. Mayor Wuo thanked everyone who attended the City's reorganization reception at the Elk's Club; he thanked the Elk's Club for preparing the food; and noted his first duty as Mayor he presented certificates to 34 National Merit Scholarship finalists from Arcadia High School. He mentioned that if the City combined its June 9 1h Special Election with the State or School District Election it would have cost the City an additional $50,000; he announced Rotary's Salute to Seniors on May 12` and the City's Silver Circle Volunteer Dinner on May 14` and commented on a recent burglary in town and a pregnancy home where residents contacted the Police Department and City Code Enforcement and .reminded residents to call the police if they suspect suspicious activity in their neighborhoods. Mayor Wuo announced appointments of City Council Members to serve as liaisons to various City boards and commissions and local agencies for 2009 -2010 as follows: Arcadia Beautiful Commission Historical Museum Commission Human Resources Commission Library Board of Trustees Planning Commission Recreation Commission Senior Citizens' Commission Chamber of Commerce Foothill Private Industry Council Foothill Transit Authority Gold Line JPA Independent Cities Association L.A. County Division of the League of California Cities League City Selection Committee San Gabriel Council of Governments San Gabriel Valley Mosquito and Vector Control District L.A. County Sanitation District South California Association of Governments Youth Services Coordinating Council LAC MTA — San Gabriel Valley Wuo Chandler Amundson Harbicht Chandler Kovacic Harbicht Harbicht, alternate Wuo Wuo, alternate Amundson Chandler, alternate Kovacic Chandler, alternate Kovacic Wuo, alternate Amundson Wuo, alternate Amundson Wuo Harbicht, alternate Amundson Chandler,_ alternate Amundson Wuo, alternate Amundson Harbicht, alternate Kovacic Kovacic, alternate Harbicht Chandler Mr. Penman announced that residents can go to the L.A. County Assessor's Office website for property tax assessment information. Mr. Penman noted that Consent Calendar item 2.f is a recommendation to extend the current Joint Use and Maintenance Agreement with the School District for an additional two (2) years and after discussion with the School District it is recommended the term be changed to one (1) year. 05 -05 -2009 51:0065 2. CONSENT CALENDAR 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 lJ Recommended Action: Adopt e. Reject all bids submitted for the Longlev Well No. 3 and Camino Real Well No. 3 Well and Wellhead Construction Project. Recommended Acton: Approve f. Authorize the City Manager to execute a Joint Use and Maintenance Agreement with the Arcadia Unified School District for the shared use of nine (99) facilities for an additional one (1) year period. Recommended Action: Approve Action: Approve h. complete and authorize the final payment to be made in accordance with the contract documents Recommended Action: Approve Accept 11 work p by Emcor Group, Inc. for the purchase and installation of variable speed drives for the Police Department's central air conditioning unit as comp lete and authori the final-pavment to be made in accordance with the contract documents subject to a retention of $4,985.2 Recommended Action: Approve 05 -05 -2009 and approve a contingency of 10 %. Recommended Action: Approve 51:0066 k. Award a two month Purchase Order contract with Valley Maintenance Corporation for Janitorial and Porter Services at various City facilities in the amount $60.000. Recommended Action: Approve Recommended Action: Approve Council Member Harbicht requested Consent Calendar Item 2.c be pulled for discussion. A motion was made by Council Member Kovacic, seconded by Council Member Harbicht and carried on roll call vote to approve items 2.a through 2.b and 2.d through 2.1 on the City Council /Agency Consent Calendar. AYES: Council /Agency Member Kovacic, Harbicht, Amundson, Chandler and Wuo NOES: None ABSENT: ' None In response to a question by Council Member Harbicht regarding Consent Calendar Item 2.c, Development Services Director Jason Kruckeberg explained that when Ordinance No. 2246 was adopted by the City Council on October 7, 2008,, the amendments were considered clean- up which streamlined the City's existing regulations. He noted that several code sections were inadvertently omitted and recommended adoption of Ordinance No. 2256 to include those sections. A motion was made by Council Member Chandler, seconded by Council Member Harbicht and l l carried on roll call vote to approve item 2.c on the City Council /Agency Consent Calendar. AYES: Council /Agency Member Chandler, Harbicht, Amundson, Kovacic and Wuo NOES: None ABSENT: None 3. CITY MANAGER a. Review of American Recovery and Reinvestment Act Funding Requests. Recommendation: Receive and File Linda Garcia, Communications, Marketing and Special Projects Manager explained that the American Recovery and Reinvestment Act (Federal Stimulus Package) which was passed earlier this year by Congress provides opportunities for local.and State agencies to seek funding for municipal, educational and social service projects and programs. She noted that City departments, as well as the City's State and Federal lobbyists, reviewed the package for possible application to Arcadia. She further noted that a summary list of funding opportunities the City intends to pursue was included in the agenda package and reflects the areas where staff believes there is a possibility for funding and as additional information is received, the City Council will be updated. It was the consensus of the City Council to receive and file this report. 05 -05 -2009 51:0067 ADJOURNMENT The City Council /Redevelopment Agency meeting was adjourned at 8:10 p.m. to Tuesday, May 19, 2009, 4:00 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 05 -05 -2009 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 2 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. 13 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. F 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. I "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, 9 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, 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. 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 FAMILY 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. 3 4940.6. SEX OFFENDER VIOLATION — MULTI - FAMILY 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. SEX OFFENDER VIOLATION — HOTEL/MOTEL/INN 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. SEX OFFENDER VIOLATION HOTEL/MOTEL/INN 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. 0 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 PARTY VIOLATION-MULTI- FAMILY DWELLINGS TEMPORARY USE. 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 Parry 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: Stephen P. Deitsch City Attorney 14 .M." 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 Loiterina Restrictions for Sex Offenders Recommendation: Introduce SUMMARY This ordinance 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 restrictions and for a person who provides violation of the residency restrictions. for a person who violates the residency residency to a registered sex offender in 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 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 (convicted after November 7, 2006). DISCUSSION Sex offenses are among the most serious crimes committed in our society as they leave victims with life -long physical and psychological injury. These crimes also victimize the 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 likelihood of recidivism has caused Californians to enact additional measures to protect all persons, and especially children, from sexual predators. Recidivism 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). Parole & Offender Residency Place The large number of sex offenders on parole 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 due to fears of new sex crimes being committed.by the offender, particularly against the children of the neighborhood. 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 single family residence operating as a "sober living facility," apartment complex, hotel or other accommodation. The Alhambra Example 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 Gasses 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 from 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 (Attachment 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 Mulllaan v Panthers Va!!ey Prooe 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 part' 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. FISCAL IMPACT 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: c �BY1���r - � Don Penman, City Manager Corey Rayburn Yung "Banishment By a Thousand Laws: Residency Restrictions on Sex Offenders" available at htttp lissrn.com/abstract=959847 accessed August 2008. ATTACHMENTS ATTACHMENT A Point Bonita Park Skateboard vai Point Camino Grove Park Point Civic Center Athletic Field Point Eisenhower Park Point Fairview Park Point Forest Aven P ark Point Hugo Reid Park Point Newcastle Park Point Orange Grove Park Point Par 3 Goff Course Point Tierra Verde Park Point Tripolis Park Point Wilderness Park Point Arboretum Point Arcadia Park Point Peck Road Fishing Park Point Santa Anita Golf Course . Point Arcadia Parent Participatir Point Emmanuel Montessori Ac Point .Arcadia Montessori Schoc Point Update Co Point Serendipity School Point No America Kumon Claw Point Wonder Years Montessoi Point Ikuei Seminar Point Stanford Institute Point First Presbyterian School Point Excel institute Point Made St. Point Diane R. Point ABC Re Point Orbit In Point Intemati ading C titute ona M ontessori Lea r n ing Center Li ng u istics Dity Ea rly Care pity E arly Care Point Arcadia Eniscooal Preschool Point Wonder Point I Arcadia md/Bonita SECONDIBONITA ) S. Six Ave 1420 S. S IXTH AVE W. Huntington Drive 240 W. HUNTINGT( REAL 2240 Highland Oaks Drive I zeau n!2= " u . 301 N. Baldwin Avenue FAIRVIEW Ave 132 W. F AVE o Reid E MICHILLINDA/HUGO do 143 W. CO LORADO win 542 /Baldwin ORANGE GROVEIBA R20 E. Live Oak 620 E. LIVE OAK REAL 2240 Highland Oaks Drive I zeau n!2= " u . 301 N. Baldwin Avenue 301 N. BA AVENU 405 S. Santa An to Avenue 405S. SANTA ANITA AVI 5401 Peck Road 5401 PECK ROAD 4 05 S. Santa Anita Avenue 405 S. SAN TA A NITA AVI 1151 S. Tenth Avenue 1151 S. TENTH AVENUE 66 W. Duarte Rd 66 W. DUARTE R D 1406 S. Santa Anita Avenue 1406 S. SANTA ANITA A 36 W. Rodell Place 36 W. RODELL PLACE 120 S. Third Avenue 120 S. THIRD AVENUE 292 E. Foothill Blvd 292 E. FOOTHILL BLVD 141 Las Tunas Drive 141 LAS TUNAS DRIVE 1135 W. Huntington Drive 1135 W. HUNTINGTON 1245 W. Hungngton Drive 1245 W. HUNTINGTON 556 Las Tunas Drive 556 LAS TUNAS DRIVE 66 W. Duarte Rd 86 W. DUARTE RD 62 Las Tunas 62 LAS TUNAS 66 W. Duarte Road 66 W. DUARTE ROAD 924 Arcadia Avenue 924 ARCADIA AVENUE 943 Fairview Avenue 943 FAIRVIEW AVENUI 174 W. Live Oak 174 W. LIVE OAK . 735 W. Duarte Rd 735 W. DUARTE RD 805 S. First Avenue 805 S. FIRST AVENUE 735 W. Duarte Rd 735 W. DUARTE RD 230 E. Foothill Blvd 230 E. FOOTHILL BLVI 1111 Okoboji Drive 1111 OKOBOJI DRIVE 530 Las Tunas 530 LAS TUNAS 1881 S. First Avenue 1881 S. FIRST AVENU 2607 S. Santa Anita Avenue 2607 S. SANTA ANITA 180 Campus Drive 180 CAMPUS DRIVE 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 1360 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 2601 LONGLEY WAY 300' Child Safety Zone Attachment C .a 5 :�D E 15 37 I Page 1 of 1 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, t sex offenders S in / the 8., t Pall ar repeat sex offenders listed. Consequently, app y° In this category., Hope this information is helpful. Annette Ali Po, AGPA Department of Justice violent Crime Information center sex offender Tracking Program Ph: 916 - 227 - 13 80 annette.ah2o@dol.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. contact the sender and destroy all copies of the communication. If you are not the intended recipient, please 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 cLarcadia.ca us L41i'E:\FORC.E:UEATSEL57TI1E- FOR OFFICIAL U E0, LI _iP.4R,A1\G The information contained in this email is considered confidential and sensitive in nature as well as sensitive but mac /ossified andior legally privileged information. It is not to be released to the media, the general public, or to non -1mv enforcement personnel who do not have a "need -to -!avow ". This information is not to be posted on the Internet, or disseminated through unsecured channels, and is intendedfor Imp enforcement personnel onh'. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and mqv violate applicable laws including the Electronic Communications Privacy Act. Ifyou are not the intended recipient, please contact the sender and destroy all copies of the communication. From: Hernandez, Johnny [mailto: Johnny .Hemandez @probation.lacounty.gov] Sent: Friday, August 29, 2 008 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 ATTACM ENT F 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 theta 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 live legally. Some who have had trouble finding a place to five are avoiding re- arrest by reporting — falsely, in some cases — that they are homeless, Experts say it is hard to monitor sex offenders when they lie about their address or are living day -to -day 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 2,000 -foot 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 Grab 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_fiiendly _story/0,3566,307080,00.html 9/5/2008 "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 Irving arrangements just allows sex offenders to avoid it altogether." State - figures show a 27 percent increase irn- homelessness among California's, 67,000 registered sex offenders since the law took effect in November 2006.. 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. That's 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 living 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 live ?' He said, 'You have a car, don't you ?'" said R.L., who asked that his full not be used because of the stigma surrounding sex offenders. The law was named for 9- year -old Jessica Lunsford, who was kidnapped, raped and buried alive by a convicted sex offender near her Florida home in 2005. The author of Jessica's Law, state Sen. George Runner, said "90 percent' of it is working well. But he conceded that some portions need to be fixed. "When the voters voted for this, they decided that they didn't want a child molester to live across the street from a school,' said Runner, a Republican from Lancaster in Los Angeles County's high desert. "If that means that in some areas that needs to be 1,000 feet or 1,500 feet, then I think that we still accomplish what it is the voters wanted." SEARCH Click here for FOX News RSS Feeds Advertise on FOX News Channel, FOXNews.com and FOX News Radio Jobs at FOX News Channel. Internships At Fox News (Summer Application Deadline is March 15, 2007) Terms of use. Privacy Statement. For FOXNews.com comments wrlia to foxnewsonline@ffoxnews.com; For FOX News Channel commends write to wmments@foxnews.com ® Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Copyright 2008 FOX News Network, I.I.C. All rights reserved. All market data delayed 20 minutes. http:/ /www.foxnews.com/printer_friendly _story/0,3566,307080,00.html 9/5/2008 WTI C � J " aA6 ATTACHMENT G n ce REOEIVL`D CITY OF ARCADIA : finiII�CYL� II �x`17t$II 2009, �1- IIUn1�? L7: 'I ANAGER 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 869 KENNETH HAHN HALL OF ADMINISTRATION, 500 WEST TEMPLE STREET, LOS ANGELES, CALIFORNIA 90012 TELEPHONE (213) 974 -5555 • FAX (213) 974 -1010 • WEBSITE http: / /antonavich.co.1a.ca.us/ • E -MAIL ffthdistrict@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 ? 4 By LAWRENCE L. HAFETZ Principal Deputy County Counsel Property Division LH:sh 1011108 (requested) 10/31/08 (revised) 5111353 ORDINANCE NO. An ordinance amending 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. 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 and Welfare as follows: Chapter 13.59 REGISTERED SEX OFFENDERS SECTIONS: 13.59.010 Legislative findings. 13.59.020 Definitions. 13.59.030 Registered sex offender prohibitionichild safety zone. 13.59.040 Registered sex offender prohibitionlresidentiai exclusion zone. 13.69.060 Registered sex offender prohibitionlsingle- family and multi- family dwellings; 13.59.060 Registered sex offender prohibition/hotels. 13.59.070 Responsible party prohibition /single- family and multi- family dwellings. 13.59.080 Responsible party prohibi8onsfhotels. 13.59.090 Eviction requirements. 511135-3 13.59.100 Penalty/enforcement. 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 t "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 childcare 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. 511135 3 3 Section 43.59.020 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 (300) 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 a..motel 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 snore 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, playflelds, and athletic courts. "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. 511135_3 1 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 1159.040 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 multi- famify 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 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, br 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 13.60.080 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. 5111353 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 violation of this Chapter 13.59, by-allowing-the registered sex offender to remain as a tenant or other occupant. 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. 5111353 9 Section 13.59.11 D Applicability. The provisions of this chapter shall not apply [a 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. [1359LHCC[ 5111353 10 ATTACHMENTI 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 ANNTA, 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 ♦ BUSTAMANTE 631 S. BALDWIN, B • WATSON 303 S. BALDWIN, E POZGAJ 1150 FAIRVIEW, #205 HEYLEK 1032 GREENFIELD p KAZMI. 58 W. PALM o NORIEGA -. 605 S. BALDWIN, 3 CLAPP 28 W. CAMINO REAL NELSON 320 SAN LUIS REY V MEZA 936 HAMPTON C CLARK 415 S. BALDWIN, #2 p FLOREA 225 W. COLORADO PL 131 1 STAFF REPORT Development Services Department DATE: May 19, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director 7t4 Philip A. Wray, Deputy Director of Development Services /City Engineer Prepared by: Tim Kelleher, Assistant Engineer SUBJECT: RESOLUTION NO. 6677 DEDICATING CERTAIN PROPERTY ON DUARTE ROAD (LIBRARY) Recommendation: Adopt SUMMARY City staff is planning for a major construction project tentatively scheduled to start this summer. The project will widen three (3) intersections along Santa Anita Avenue. One of the intersections to be widened is Duarte Road and Santa Anita Avenue. An important component of that particular widening is the addition of a right turn lane pocket for eastbound Duarte Road. The turn pocket will occur adjacent to the library. Currently there is insufficient right of way for the proposed right turn pocket. Staff is requesting that City Council adopt Resolution No. 6677 dedicating real property at the library for street and highway purposes. BACKGROUND In 2004, the City of Arcadia was awarded $2,400,000 in Federal aid funds to widen three (3) major intersections. The three intersections are Santa Anita Avenue and Foothill Boulevard, Santa Anita Avenue and Duarte Road, and Santa Anita Avenue and Live Oak Avenue. Ultimately, the widenings will help traffic flow through the intersections more efficiently and decrease delays and the probability for accidents. The proposed project includes adding a dedicated right turn pocket for eastbound Duarte Road traffic to make a right turn onto southbound Santa Anita Avenue. The right turn pocket will require widening Duarte Road in front of the library. Currently, there is insufficient right of way to widen, and therefore, staff is requesting that City Council approve the subject dedication of real property at the library. Staff Report Resolution 6677 March 19, 2009 Page 2 DISCUSSION Staff is requesting that the City Council approve Resolution No. 6677 dedicating a portion of real property at the library for street purposes. The dedication will provide the necessary right of way to add a right turn lane for eastbound Duarte Road to southbound Santa Anita Avenue. Currently on Duarte Road there are two through lanes and one left turn lane in both directions. According to the City of Arcadia's Transportation Master Plan, the intersection is operating below the minimum level of service. By adding a right turn lane, the efficiency of the intersection will be significantly improved. Currently, the existing right of way is 86 feet. To construct the right turn lane will require a 92 foot right of way. The City has already secured the right of way for the westbound direction at the northeast corner of Duarte Road and Santa Anita Avenue and now is requesting that City Council make the dedication for the eastbound side. Currently, the City ,.owns the library property in "fee simple absolute ". However, to make the underlying title true, the City should dedicate the required right of way for "street and highway purposes ". Said dedication will extend all the rights normally associated with roadways to the proposed right turn lane. This project will widen Duarte Road at the library by eight (8) feet to accommodate the turn lane. Attached is Exhibit "B" showing the widening. The widening will require new sidewalk, curb and gutter, and pavement. As a result of this widening, the existing library monument sign will have to be,removed and re- constructed. FISCAL IMPACT There will be no fiscal impact incurred by the City for this administrative procedure. Construction costs for the turn pocket will be addressed when the contract for construction is brought to Council for approval. RECOMMENDATION That the City Council adopts Resolution 6677, a resolution of the City Council of the City of Arcadia, dedicating real property at the library for streets and highways purposes. Approved by: Donald Penman, City Manager J K: PAW:TOK: pa RESOLUTION NO. 6677 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DEDICATING CERTAIN PROPERTY ON DUARTE ROAD FOR STREET PURPOSES WHEREAS, Lot 4 of Tract 6074 is owned by the City of Arcadia in fee simple absolute; and WHEREAS, the City of Arcadia desires to widen and make public improvements to Duarte Road. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That certain property located in the City of Arcadia, County of Los Angeles, State of California, which constitutes a portion of Lot 4, Tract No. 6074 described on attached Exhibit "A" is hereby dedicated for public street purposes. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of 2009. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: L P (!, Stephen P. Deitsch City Attorney EXHIBIT "A" LEGAL DESCRIPTION FOR STREET DEDICATION THAT PORTION OF LOT 4 OF TRACT NO. 6074, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 67 PAGE 83 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING NORTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTH 00 0 59'25" WEST 100.21 FEET ALONG THE EAST LINE OF SAID LOT 4 AND THE WEST LINE OF SANTA ANNTA AVE., AS SHOWN ON TRACT NO. 13856 PER MAP RECORDED IN BOOK 277 PAGE 10 OF MAPS, IN THE OFFICE OF SAID COUNTY RECORDER TO THE TRUE POINT OF BEGINNING THENCE NORTH 48 °00'24" WEST 24.03 FEET TO A LINE WHICH IS PARALLEL WITH AND48.00 FEET SOUTHERLY FROM THE CENTERLINE OF DUARTE ROAD AS SHOWN ON SAID TRACT NO. 6074; THENCE SOUTH 80 0 02'00" WEST 97.08 FEET ALONG SAID PARALLEL LINE TO A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 258.00 FEET; THENCE WESTERLY 34.07 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7 °33'59" TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 445.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 2 °28'32" WEST; THENCE WESTERLY 58.17 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7 0 29'25" TO A POINT WHICH IS TANGENT TO AND 42.00 FEET SOUTHERLY AND PARALLEL WITH THE CENTERLINE OF SAID DUARTE ROAD AS SHOWN ON SAID TRACT. I , EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER MY SUPERVISION: 9 4'. A 11 -05 -08 MA K A. MONROE, L.S. 8170 DATE LICENSE EXPIRES: 12/30/08 SAND No. 8170 * Exp. 12/31/08 *_ EXHIBIT "B" (RAO) N Ca rD 113.74' 6= 98'58'35" R= 10.00' L= 17.27' SANTA ANITA U AVE. TITLE: STREET EASEMENT TO CITY OF ARCADIA ®F�. Hall & Foreman, Inc. Engineering • Surveying • Planning • Landscape Architecture 420 EXCHANGE, SUITE 100 RIANE, CA 92602 714- 665 -4500 DATE OF PREPARATION: 6/26/08 1"=40' ® AREA OF TAKE = 1082 SF 0 a a 0 e 0 i Ji 0 z a 0 JOB NO. 080149 N O2 ' 28 4. • \ : • • r . • . _i • \ • \ 4YR O, SE CORNER 2 0 4 OF LOT 4 TPOB 100.21' NEW_ST_CLOSURES.txt CLOSURES FOR REVISED DUARTE STREET DEDICATION 308 NO. 080149 NOVEMBER 5, 2008 Parcel name: STREET DEDICATION North: 6923.49 Line Course: N 48 -00 -24 W North: 6939.57 Line Courser s 80 -02 -00 w North: 6922.77 curve Length: 34.07 Delta: 7 -33 -59 Chord: 34.05 Course In: N 10 -02 -31 w RP North: 7176.81 End North: 6919.06 Curve Length; 58.17 Delta: 7 -29 -25 Chord: 58.14 Course In: 5 02 -28 -32 E RP North: 6474.47 End North: 6912.76 Line Course: N 80 -02 -00 E. North: 6946.70 Curve Length: 17.27 Delta: 98 -58 -3S Chord: 15.21 Course In: S 09 -58 -00 E RP North: 6936.85 End North: 6937.02 Line course: S 00 -59 -25 E North: 6923.49 East 6951.3 Length: 24.03 East Length: 97.08' East Radius: Tangent: Course: Course out: East : East : Radius: Tangent: course: Course Out: East East Length' 196.11 East Radius: , Tangent: Course: Course Out: East East Length: 13.53 East 2 6933.46 6837.84 258.00 17.06 s 83 -44 -29 w s 02 -28 -32 E 6792.85 6804.00 445.00 29.13 5 83 -46 -46 w N 09 -57 -57 W 6823.22 . 6746.21 6939.36 10.00 11.70 s 50 -28 -43 E N 89 -00 -35 E 6941.09 6951.09 6951.32 Perimeter: 440.28 Area: 1,082 sq. ft. 0.02 acres Mapcheck Closure - (uses listed courses, radii, and deltas) Error Closure: 0.00 Course: N 70 -07 -39 E Error North: 0.002 East 0.004 Precision 1: 440,260,000.00 Page 1 pE �s STAFF REPORT Development Services Department DATE: May 19, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services DirectorJ� \\ Phil Wray, Deputy Director of Development Services ��UJ By: Linda Hui, Transportation Services Manager SUBJECT: Resolution No. 6678 authorizing the City Manager to execute a 40% Discretionary Funds to Backfill State Transit Assistance (STA) Fund Reduction. Recommendation: Adopt SUMMARY Arcadia Transit is eligible to receive State Transit Assistance (STA) funds on a formula basis annually for the operations of the general dial -a -ride service. The STA funds were eliminated in the state budget adopted in September 2008. As a result, the original allocation amount for FY 2008 -09 was reduced. In January 2009, the Los Angeles Metropolitan Transportation Authority (LACMTA) Board approved the use of a portion of Proposition C 40% Discretionary (Discretionary) Funds to replace the STA fund reduction. In order to receive Discretionary Funds, the City of Arcadia is required to enter into a Memorandum of Understanding (MOU) with the LACMTA. The MOU is valid for one fiscal year (July 1 2008 - June 30, 2009). Attached for the City Council's consideration is Resolution No. 6678 authorizing the City Manager to execute the MOU with the LACMTA to receive the Proposition C 40% Discretionary funds, and to submit financial claim for FY 2008 -09. Staff recommends that the City Council adopt Resolution No. 6678. BACKGROUND The California State legislature adopted the Transportation Development Act - Article 4 (SB325) in 1971 to generate revenue from retail sales taxes and gasoline /diesel sales taxes for public transportation projects. The funds are allocated by SCAG via the Local Staff Report — Resolution 6678 May 19, 2008 Page 2 Transportation Fund (LTF) and the State Transit Assistance (STA) programs based on area population and transit fare revenue generated by an agency's local transit system. The LACMTA serves as the regional planning agent for Los Angeles County, and administers and processes the funds to each participating municipal transit operator. Arcadia is one of the municipal transit operators recognized by the LACMTA. The State Transit Assistance (STA) fund was approved in 1980 as a secondary source of revenue for SB325 dedicated to public transit operation and capital expenditures. .STA revenue is generated from the statewide sales tax on gasoline and diesel fuels, and is appropriated by the California State Controller Office to the regional transportation planning agencies (i.e., LACMTA) for formula allocation. The formula is calculated using 50% population count and 50% operator revenues for the prior fiscal year. The 1990 Proposition C ordinance is a countywide half -cent sales tax dedicated to public transportation and transit service improvement. Funds are administered by LACMTA and allocated based on five categories: 5% transit security, 10% Metrolink rail operations and facilities, 20% Local Return, 25% freeway /highway improvements, and 40% discretionary funding. Forty percent of the Proposition C revenues are reserved by LACMTA for discretionary uses such as bus and rail service improvement programs. DISCUSSION The State of California budget crises in past years resulted in elimination and /or reduction of many funding programs. The State budget adopted in September 2008 eliminated a portion of STA funds leaving a funding gap. Originally, the City was allocated $106,659 in STA funds. The fund elimination has resulted in a reduction of the City's share by $64,809. On January 22, 2009, LACMTA Board approved to backfill the STA funds that were eliminated, using Proposition C 40% Discretionary funds. As a member of the municipal transit operators, the City will receive Discretionary funds in the amount of $64,809 for FY 2008 -09. Thus, the MOU will'be in effect from July 1, 2008 through June 30, 2009. Funds will be disbursed after the MOU has been executed and the City has submitted an invoice and back up documentation to the LACMTA. FISCAL IMPACT The City of Arcadia will receive a total of $64,809 in Proposition C 40% Discretionary funds for the continued operation of the Arcadia Transit Dial -A -Ride program. Staff Report — Resolution 6678 May 19, 2008 Page 3 RECOMMENDATION It is recommended that the City Council adopt Resolution No. 6678 authorizing the City Manager to execute a Memorandum of Understanding with the Los Angeles County Metropolitan Transportation Authority to receive Proposition C 40% Discretionary Funds backfilling the State Transit Assistance Fund reduction, and to submit claims and necessary documents for FY 2008 -09. Approved by: Donald Penman, City Manager JK:PAW:LH:pa Attachment: Resolution No. 6678, Proposition C 40 % Discretionary Funds RESOLUTION NO. 6678 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, EXECUTING A MEMORANDUM OF UNDERSTANDING WITH THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY TO RECEIVE PROPOSITION C 40% DISCRETIONARY FUNDS TO BACKFILL STATE TRANSIT ASSISTANCE (STA) FUND REDUCTION WHEREAS, on November 6, 1990, the voters of the County of Los Angeles approved Proposition C, an ordinance establishing a one -half percent sales tax for public transit purposes; W- 15 WHEREAS, the Los Angeles County Metropolitan Transportation Authority (LACMTA), is the agency responsible for administering the tax revenue; and WHEREAS, on January 22,2009, the LACMTA of Directors ( "Board ") approved funds by amending the Fiscal Year 2008 -09 budget by adding $18.5 million of Proposition C 40% Discretionary funds for municipal operators' subsidies to replace State Transit Assistance (STA) funds that were eliminated in the state budget adopted in September 2008; and WHEREAS, the City of Arcadia is an eligible operator and desires to receive the Proposition C 40% Discretionary funds in the amount of $64,809 for FY 2008 -09 for the Arcadia Transit dial -a -ride system; and WHEREAS, the Arcadia City Council has adopted a budget for Arcadia Transit for FY 2008 -09 evidencing the need for financial assistance; and WHEREAS, the project will further LACMTA's goal of improved transit services and increased quality of life for its constituents. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council approves and authorizes the City Manager to execute Memorandum of Understanding with LACMTA, in the form and substance as on file in the Office of the City Clerk and as approved by the City Attorney, to accept Proposition C 40% Discretionary funds for Fiscal Year 2008 -09. SECTION 2. The City Council authorizes and directs the City Manager or his/her designee to execute and file a claim with LACMTA for local transportation funds in the amounts allocated by the countywide formula allocation process, and to take any and all necessary further actions and execute any and all necessary documents in order to receive such funds. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of May 2009. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: City Attorney of the City of Arcadia 2 e`;sr711!` i DATE: TO: FROM: SUBJECT: SUMMARY May 19, 2009 STAFF REPORT Public Works Services Department Mayor and City Council � ' Pat Malloy, Assistant City Manager /Public Works Services Director J Prepared by: Tom Tait, Deputy Public Works Services Director Dave McVey, General Services Superintendent On January 20, 2009, the City Council awarded a contract to West Tek Inc. in the amount of $58,875 for the for the installation of Enhanced Vapor Recovery (EVR) systems for the underground fuel tanks at the Police Station and Fire Station #106. The terms and conditions of this project have been complied with and the work has been performed to staff's satisfaction with no change orders for a total project cost of $58,875. Therefore, staff recommends that the City Council accept all work performed by West Tek Inc. for the purchase and installation of EVR systems for the underground fuel tanks at the Police Station and Fire Station #106 as complete and authorize the final payment to be made in accordance with the contract documents. DISCUSSION Vapor recovery systems collect gasoline vapors that would otherwise escape into the atmosphere during bulk fuel delivery or vehicle refueling. These vapors are a major culprit in the formation of smog and pose a major health risk to the community. The EVR program adopted by the California Air Resources Board (ARB) provides strict requirements for vapor recovery systems to prevent gasoline vapors from escaping into the air. The EVR controls emissions associated with vehicle fueling and the storage of fuel at gasoline dispensing facilities. More importantly, the EVR systems are equipped with nozzles that will eliminate spillage and dripping after fueling a vehicle. The City I Page 1 of 2 PAYMENT TO BE MADE IN ACCORDANCE WITH THE GUN I KAG I DOCUMENTS Recommendation: Approve Mayor and City Council May 19, 2009 was required to install the EVR system at its gasoline dispensing facilities by April 1, 2009. The terms and conditions of this contract have been complied with and the work has been performed to staff's satisfaction with no contract change orders. Therefore, staff recommends that the City Council accept all work performed by West Tek Inc. as complete and authorize the final payment to be made in accordance with the contract documents, -subject to a retention of $5,887.50. FISCAL IMPACT Sufficient funds are budgeted in the 2008 -09 Capital Improvement Program for this project. RECOMMENDATION 1. Accept all work performed by West Tek Inc. for the purchase and installation of Enhanced Vapor recovery (EVR) systems for the underground fuel tanks at the Police Station and Fire Station #106 as complete. 2. Authorize final payment to be made . in accordance with the contract .documents, subject to a retention of $5,887.50. Approved by: •7� Donald Penman, City Manager PM:jb Page 2 of 2 i STAFF REPORT Police Department DATE: May 19, 2009 TO: Mayor and Members of the City Council FROM: Robert P. Sanderson, Chief of Police -Pz By: Nancy Chik, Senior Management Analy SUBJECT: Renewal of Professional Services Agreement— PS.NET Public Safety System Support Recommendation: Authorize the City Manager to renew the annual professional services agreement with Executive Information Services (EIS) for PS.NET public safety software system support services in the amount of $21,800. SUMMARY The City has a professional services agreement with Executive Information Services (EIS) for the PS.NET Public Safety System Support Project, and the current agreement will expire on June 30, 2009. It is recommended that the City Council approve the professional services agreement renewal with EIS from July 1, 2009, through June 30, 2010, in the amount of $21,800. DISCUSSION Since 2003, the City has had an agreement with EIS for public safety software system support. EIS has the proprietary rights /ownership to the law enforcement safety software programs used by the Police Department, The software programs include: Law Records Management, Computer Assisted Dispatch (CAD), Report Writing, Mobile Digital Communications, and the Los Angeles County Interface. All these software programs are used in the Department's daily operation for data management. The base rate for maintenance support in FY 2009 -2010, with no cost increase, is $20,000. In July 2009, the Department intends to add a customer service portal, which will allow for citizens to submit crime reports online, for an additional cost of $2,400. The total contract cost would have been $22,400, but EIS has agreed for a 5% reduction, which reduces the contract amount to $21,800. FISCAL IMPACT For the term of the professional services agreement, from July 1, 2009, to June 30, 2010, the fees for EIS for public safety software system support services will be $21,800: This amount will need to be budgeted in the City's Operating Budget for FY 2009 -2010. RECOMMENDATION Authorize the City Manager to renew the annual professional services agreement with Executive Information Services (EIS) for PS.NET public safety software system support services, from July 1, 2009, to June 30, 2010, in the amount of $21,800. Approved: 3 briT mvl� Don Penman, City Manager `E STAFF REPORT Police Department DATE: May 19, 2009 TO: Mayor and Members of the City Council FROM: Robert P. Sanderson, Chief of Police }� By: Nancy Chik, Senior Management SUBJECT: Renewal of Pro fessional Services Agreement — Crossing Guard S ervices Recommendation: Authorize the City Manager to renew the annual professional services agreement with All City Management Services for crossing guard services in the amount of $151,868. SUMMARY The City has a professional services agreement with All City Management Services for crossing guard services, and the current agreement will expire on June 30, 2009. The Police Department administers the agreement on behalf of the City and recommends the renewal from July 1, 2009, to June 30, 2010, at a cost of $151,868. BACKGROUND & DISCUSSION In 2000, as a long -term cost savings strategy, the City opted to enter into a professional services agreement with All City Management Services to provide crossing guards for the City of Arcadia. Since the adoption of the agreement, All City Management Services has adhered to all conditions and has proven to be a responsible service provider. Prior to acquiring the crossing guard services, the Police Department was continually using staff members, including police officers, to fill vacant posts that occurred as a result of sickness or injury to crossing guards. During the past nine years the Department has not had to use any staff, nor been required to provide oversight to crossing guard operations, other than designating a staff member to monitor agreement compliance. Further, the City has recognized a cost savings in the area of worker's compensation insurance and liability management. All City Management Services provides crossing guard services to over 70 cities and school districts throughout the State. They are the only company with proven experience and the infrastructure to provide such service. Thus, the Police Department considers that they are a sole source provider for crossing guards. All City Management did not propose a fee increase in FY 2008 -2009. However, due to additional operational costs, they have increased the contract amount for FY 2009 -2010 by 4.5 %, which equates to an increase of $6,534 per annum FISCAL IMPACT Renewal of the professional services agreement will cost $151,868, and the amount will need to be budgeted in the City's Operating Budget. RECOMMENDATION Authorize the City Manager to renew the annual professional services agreement, from July 1, 2009, to June 30, 2010, with All City Management Services for crossing guard services in the amount of $161,868. Approved: Don Penman, City Manager v � ` STAFF REPORT ° � Oj4 aivY °f N ° � Police Department DATE: May 19, 2009 TO: Mayor and Members of the City Council FROM: Robert P. Sanderson, Chief of Police By: Nancy Chik, Senior Management Analyst SUBJECT: Renewal of Professional Services Aareement — Animal Control Services Recommendation: Authorize the City Manager to renew the annual professional services agreement with Pasadena Humane Society & SPCA for animal control services in the amount of $81,142.44. SUMMARY The City has a professional services agreement with the Pasadena Humane Society & SPCA (PHS) for animal control services, and the current agreement will expire on June 30, 2009. It is recommended that the City Council approve the professional services agreement renewal with PHS from July 1, 2009, through June 30, 2010, in the amount of $81,142.44. Since 1993, the City has had an agreement with PHS for animal control services, and they have provided adequate service to this community. The agreement defines our access to PHS reports and specifies that, whenever practicable, unarmed humane officers will be dispatched to handle Arcadia calls for service. In an effort to resolve our dog licensing concerns, PHS has a canvasser go door-to- door in the City to make sure dog owners are in compliance. PHS also has a computerized licensing renewal system and is working with local veterinarians in obtaining vaccination records and conducting follow -up contacts with pet owners. In addition, PHS offers low cost spay /neutering and vaccination services to Arcadia residents. The City's current annual agreement with PHS requires the City to pay $78,779.04 for animal control services, and the renewal fee for FY 09 -10 will be $81,142.44. This reflects a 3% CPI increase, which equates to an increase of $2,363.40 per annum. FISCAL IMPACT For the term of the professional services agreement, from July 1, 2009, to June 30, 2010, the fees for animal control services will be $81,142.44. This amount will need to be budgeted in the City's Operating Budget for FY 2009 -2010. RECOMMENDATION Authorize the City Manager to renew the annual professional services agreement with Pasadena Humane Society & SPCA for animal control services, from July 1, 2009, to June 30, 2010, in the amount of $81,142.44. Approved: .tea, , P." Don Penman, City Manager r Aueu.[SIfpl ym �niry of �o�`e STAFF REPORT Library and Museum Services Department May 19, 2009 TO: Mayor and City Council FROM: Carolyn Garner - Reagan, Director of Library and Museum Services SUBJECT: Gift of $40,000 from the Friends of the Arcadia Public Library for programs and materials for the Library Recommendation: Accept the donation SUMMARY The Friends of the Arcadia Public Library are offering the Arcadia Public Library a donation of $40,000 for the purchase of books and other materials and for programs for the children, teens and adults at the Library. DISCUSSION The Friends of the Arcadia Public Library, as part of its ongoing mission to support the Library's goals and objectives, is donating a total of $40,000 to the Library. The Friends funds provide support for children's programming, in particular the always very popular annual Children's Summer Reading Program. In addition, Friends funds now support a variety of programs for teens, including a Teen Summer Reading Program. This donation will be used for supplies, incentives, entertainers, and books for the summer programs. Funds will also be used to support other programs throughout the year for children, teens, and adults, including book discussion groups for adults and public performance licenses for films. Strong demand continues for new audiovisual materials, including books on tape and on CD, music on CD, videos and DVD's. These funds will enable the Library.to purchase additional audiovisual materials for both the adult and children's collections. Funds will also be used to purchase online databases that will be available to people either in the Library or from their personal computer at home or elsewhere. Subscriptions supported with this donation include Heritage Quest, which offers access to genealogy and old census records, and Novelist which provides reader's advisory. Funds will also be used to support an internship for a student enrolled in graduate programs leading to the Masters degree in Library and Information Science. All gifts to the Library are subject to approval by the City Council pursuant to City Charter article VIII section 809 (d). FISCAL IMPACT There is no impact to the City's budget. The Library Board approves expenditures of all donations. RECOMMENDATION Accept the donation of $40,000 to the Arcadia Public Library from the Friends of the Arcadia Public Library for the purchase of library materials and for programs for children, teens and adults. Approved by: Donald Penman, City Manager Ll STAFF REPORT Development Services Department DATE: May 19, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director � Philip A. Wray, Deputy Director of Development Services,' i By: Linda Hui, Transportation Services Manager SUBJECT: AWARD CONTRACT — MANAGEMENT & OPERATION OF ARCADI TRANSIT DIAL -A -RIDE Recommendation: Authorize the City Manager to enter into a Professional Services Agreement with Southland Transit Inc. for an amount not to exceed $6,325,590 for up to five (5) years effective July 1, 2009 for the daily operation of the Arcadia Transit Dial -A -Ride system from FY 2009 -10 through FY 2013 -14 SUMMARY The Arcadia Transit Dial -A -Ride is operated and maintained by Southland Transit, Inc., a contracted service provider. The service contract with Southland Transit, Inc. is for a five year period and is expiring on June 30, 2009, requiring the City to formally and competitively bid the contract. The Development Services Department issued a Request for Proposals (RFP) to solicit proposals from nine (9) public transportation providers for the operation, maintenance and administration of the Arcadia Transit general public dial -a -ride system. Three (3) proposals were received, and each was evaluated and ranked by a panel consisting of two City staff and one independent reviewer. Based on the established evaluation criteria, the panel selected the incumbent operator, Southland Transit, Inc. for a three -year base contract with two optional one -year extensions. It is recommended that the City Council authorize the City Manager to enter into a Professional Services Agreement for an amount not to exceed $6,325,590 with Southland Transit Inc. for up to five (5) years effective July 1, 2009 for the daily management and operation of the Arcadia Transit Dial -A -Ride system. BACKGROUND The Arcadia Transit Dial -A -Ride, a general public curb -to -curb transit system operates using a contracted service provider. Currently Southland Transit, Inc. is under contract with the City to provide the management, operation and maintenance of the Arcadia Staff Report —Award Contract May 19, 2009 Page 2 Transit system. The current contract with Southland Transit, Inc. is a five -year contract (three base years and two additional optional years) which will expire on June 30, 2009. The Arcadia Transit system is funded with local, state and federal transit funds. The City has been using federal transit funds primarily for capital improvements such as bus purchases. Even though no federal funds are used for operations of the transit system, as a recipient of federal transit funds, the City is subject to federal transit fund guidelines. Federal Transit Administration (FTA) requires that agencies receiving federal assistance formally bid all public transit contracts at intervals no greater than five (5) years.. Since 1999, the City has conducted, a competitive bidding process for the management and operation of the Arcadia Transit Dial -A -Ride system. The successful bidder will provide and supervise the reservation /dispatch and bus operator staff, operate and house the city -owned transit vehicles and maintain all mechanical and physical components of each vehicle, and will complete all state and federal required data reporting. In general, the technical requirements for providing a high standard of service mirror the existing contract. DISCUSSION On February 5, 2009, the Notice of Request for Proposals (RFP) with a complete RFP package was mailed directly to nine (9) established transit agencies announcing the City's intent to solicit bids for the operation, maintenance and administration of the Arcadia Transit general public Dial -A -Ride system. A pre - proposal conference was held on February 24, 2009 and was attended by three (3) firms. On March 10, 2009, Addendum 1 was issued documenting and addressing questions ..and comments presented by potential'bidders during the designated comment period. On March 23, 2009, the City received three proposals from MV Transportation, Inc., Southland Transit, Inc. and Transportation Concepts. A panel consisting of two City staff and one independent municipal transit professional reviewed each proposal and interviewed each'firm. The proposals and interviews were evaluated according to the established and stated evaluation criteria. These evaluation criteria include: 1. Technical Aspects (30 points) a. Proposed Facility b. Equipment Proposed c. Understanding of RFP 2. Financial Aspects (35 points) a. Contract Resources Proposed b. Proposed Vehicle per Hour Rates c. Company Stability 3. Organization and Management Aspects (35 points) a. Capacity and Performance as Demonstrated in Proposal b. Qualification of Management Proposed c. Commitment to Safety, Quality and Operations Staff Report —Award Contract May 19, 2009 Page 3 The selection panel, based on the criteria listed above, determined that Southland Transit, Inc. was the best and most qualified of the three firms. Southland Transit, Inca demonstrated strong operation and maintenance management teams as well as a strong project manager. In addition, Southland Transit's cost proposal was the lowest of the three proposals. The City has engaged in a contract negotiation with Southland Transit, Inc. with the intention of contract award. As a result of the negotiation, the following clarifications and improvements were included in the Professional Services Contract scope of work. • Southland Transit will develop a customer service and sensitivity training program for reservationists and drivers, which includes periodic refresher courses. Upon City staff's approval, Southland will implement the program. • Community outreach program will be implemented. • System security plan will be developed and implemented. ENVIRONMENTAL IMPACT This is not a project as defined in California Environmental Quality Act (CEQA) §15378, thus this service contract is considered ministerial. FISCAL IMPACT Based on the RFP revenue service hour requirements, the maximum obligation to the City over the five -year term of the contact is $6,325,590. Should there be an increase in service hours and additional costs resulting from growth in service demand and new projects, staff will bring the amendment to the City Council for approval. Currently, the Arcadia Transit operations is funded exclusively using transportation fund sources including Metro's local transit Formula Allocations, Proposition A Local Return, and State's Transportation Development Act (TDA). Arcadia Transit operations will not have any impact on the General Fund. RECOMMENDATION Staff recommends that the City Council authorize the City Manager to enter into a Professional Services Agreement with Southland Transit, Inc. for up to five (5) years from FY 2009 -10 through FT 2013 -14 for the daily operation of the Arcadia Transit Dial - A -Ride system. Approved: Donald Penman, City Manager JK:PAW:LH:pa