HomeMy WebLinkAboutMay 6, 200345:0068
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF
THE CITY CLERK
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
and the
ARCADIA REDEVELOPMENT AGENCY
REGULAR MEETING
May 6, 2003
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
1
The City Council and Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday,
May 6, 2003 at 7:00 p.m. in the Council Chambers.
First Reader, Tom Gordon, First Church of Christ Scientist
Jeff Bowen, President, .Highland Homeowner's Association
PRESENT: Councilmembers, Kovacic, Marshall, Wuo and Chang
ABSENT: Councilmeinber Segal
It was MOVED by Mayor Pro tern Kovacic, seconded by Councilmember Marshall and
CARRIED to EXCUSE the absence of Councilmember Segal.
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
, None.
ORD. & RES. It was MOVED by Councilmember Marshall, seconded by Mayor Pro tem Kovacic and
READ BY CARRIED that ordinances and resolutions be read by title only and that the reading in full be
TITLE ONLY WAIVED.
PRESENTATIONS
2.
CITIZEN OF Mayor Chang presented the May, 2003 Citizen of the Month Award to Jeff Bowen, President,
THE MONTH Highland Homeowners Association.
(Highland HOA)
3.
CITIZEN OF Mayor Chang presented the May, 2003 Citizen of the Month Award to Pamela Blackwood,
THE MONTH President, Santa Anita Oaks Association.
(Santa Anita
Oaks Assoc.)
4.
CITIZEN OF Mayor Chang presented the May, 2003 Citizen of the Month Award to John Schiavone,
THE MONTH Chairman, Architectural Review Board, Rancho Santa Anita Property Owner's Association.
(Rancho SA
Property
Owner's Assoc.)
1 LASER IMAGED 5/6/03
Or
45:0069 '
CITIZEN OF Mayor Chang presented the May, 2003 Citizen of the Month Award to Jim Kelly, Santa Anita
THE MONTH Village Association.
(SA Village
Assoc.)
6.
CITIZEN OF Mayor Chang presented the May, 2003 Citizen of the Month Award to Bill Spuck, President,
THE MONTH Rancho Santa Anita Resident's Association.
(Rancho SA
Res. Assoc.)
PUBLIC HEARING
7a.
RESOLUTION Consideration of the report and recommendation to ADOPT RESOLUTION NO. 6348
NO, 6348 establishing a renewal fee for the Massage Therapist Identification Card, pursuant to City
(Massage Council Ordinance No. 2175.
Therapist ID
Card Renewal Ordinance No. 2175 amending the Arcadia Municipal Code relating to Massage Therapists
Fee) regulations includes requirements for Massage Therapist Identification Cards, including
(ADOPTED) provisions for establishing fees for said card. In December the City Council adopted Resolution
No. 6333 setting forth an initial processing fee of $265.00 for the Massage Therapist
Identification Card. In addition, Section 6418.11 requires that the Identification Card must be
renewed annually. The Development Services Department and Police Department
recommended a renewal fee of $140. This fee will cover the Police Department investigation fee
($98.79); Police fingerprinting fee ($10.00); and,.Department of Justice fingerprinting processing
fee ($32.00).
Mayor Chang OPENED the Public Hearing. No one came forward to address the City Council.
The Mayor declared the public hearing CLOSED.
It was MOVED by Mayor Pro tem Kovacic, seconded by Councilmember Marshall and
CARRIED on roll call vote as follows to ADOPT RESOLUTION NO. 6348 entitled: "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,
ESTABLISHING A RENEWAL APPLICATION FEE FOR MASSAGE THERAPISTS (SECTION
6418.11) PER CITY COUNCIL ORDINANCE 2175 ".
ROLL CALL AYES: Councilmembers, Kovacic, Marshall, Wuo and Chang
NOES: None
ABSENT:' Councilmember Segal
AUDIENCE PARTICIPATION
Joel Strang the Methodist Hospital Infectious Disease consultant, presented detailed information
on the SARS virus and its syndromes, stating in part that, there has not been any identified SARS
case in the San Gabriel Valley. The Methodist Hospital is prepared to properly treat and isolate
anyone who has SARS.
8. MATTERS FROM ELECTED OFFICIALS
KOVACIC Mayor Pro tem Kovacic commended Mayor Chang for honoring the Homeowner's Associations.
(HOA's) They are very hard working individuals and he is a firm believer in Homeowner's Associations
and Architectural Review Boards.
2 516103
45:0070
(Law Day) Mr. Kovacic complimented the many volunteers and City staff, especially Linda Garcia and
Kristen Olafson in the_City Manager's office,4or all their hard work on Law Day.
(Centennial Mayor Pro tem Kovacic announced that the Centennial Bike Ride will take place on May 10,
Bike Ride) 2003 from 8:00 a.m. to 10:30 a.m. The ride will start at Fire Station 106, at the northeast corner
of Baldwin Avenue and Huntington Drive.
(Hugo Reid Mr. Kovacic noted that the statue of Hugo Reid and his family has finally come to rest in front of
Statue) the Historical Museum on the lawn. The moving of the statue from the County park to the
Historical Museum lawn was the result of a lot of hard work by the City and the County.
(Los Angeles
Mr. Kovacic expressed appreciation to the Berger Foundation for their contribution of $15,000 for
County Park
the peacock statue, which will be the centerpiece of the fountain at the County park at the corner
Fountain)
of Santa Anita Avenue and Huntington Drive.
(July 4th
Mr. Kovacic received an invitation from the Mayor of Sierra Madre, Doug Hayes, inviting the
Celebration)
Arcadia City Council to participate in the Sierra Madre parade in celebration of July 4th.
(Telty)
Mayor Pro tem Kovacic expressed appreciation to the Arcadia Rotary Club for the Salute to
(Tang)
Seniors Program and congratulated the recipient of the Senor Citizen of the Year Award, Bob
Talty.
(AB 858)
In response to Councilmember Kovacic's comment with regard to Assembly Bill 858 concerning
MARSHALL
athletic team names and mascots, which was tabled last year due to lack of support and re-
(Talty)
introduced this year, City Manager Kelly stated that the Council's prior action of opposing this bill
(Dr. White)
is still standing. He will resurrect Council's prior action and send a new letter in opposition of
AB 858.
WUO Councilmember Wuo thanked the Arcadia Rotary Club for the wonderful Salute to Senior's
(Salute to Sr's.) program.
(Centennial Mr. Wuo encouraged all the golfers to participate in the Arcadia Chamber of Commerce
Golf •
Centennial Golf Tournament, Monday May 12, 2003 and support this wonderful event.
Tournament)
(Relay for
Mr. Wuo announced that the American Cancer Society, San Gabriel Valley Chapter, "Relay for
Life)
Life" will be held on July 19th and 20th at the Arcadia High School. He encouraged the entire
community and cancer survivors to participate in this event.
(Mother's Day)
Councilmember Wuo wished all the mothers a wonderful Mother's Day.
(Tang)
Mr. Wuo was proud to announce that a few Arcadia. High School graduates are in Iraq, fighting
for our country, one of them is Reserve Marine Richard Tang, a 1999 Arcadia High School
graduate, who is in Kuwait at this time.
MARSHALL
Councilmember Marshall expressed congratulations to Bob Talty, the Senior Citizen of the Year.
(Talty)
(Dr. White)
Ms. Marshall congratulated Dr. White, the honoree of the Methodist Hospital Alpha Auxiliary
event on May 4, 2003.
(Mayor's Prayer
Ms. Marshall expressed appreciation to everyone who helped with the Mayor's Prayer Breakfast.
Breakfast)
About five hundred attended. The $4000 proceeds will benefit the Senior and Campership
programs.
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45:0071
(Rose Parade Ms. Marshall thanked Public Works employees for moving the Queen Ann Cottage and a
Float —Queen peacock from Arcadia's award winning float and placing it on the east side of City Hall for
Ann Cottage everyone to enjoy.
& Peacock)
(Arcadia History Ms. Marshall encouraged everyone to attend the "Arcadia History Through Songs" which will be
Through Song) held May 18th at 4:00 p.m. at the Church of the Good Shepherd
(Yellow Ms. Marshall thanked the Fire Fighters Association for their help and for purchasing and putting
Ribbons) up 500 yellow ribbons throughout the City in support of our troops.
(Food for Councilmember Marshall shared a "food for thought ". "Experiencing change makes you grow as
Thought) a person, being afraid of the future doesn't stop it from unfolding, to be happy we have to learn to
see change as opportunities to create success ".
CHANG Mayor Chang expressed appreciation to many attorneys who offered free legal services on Law
(Law Day) Day. He also thanked the Arcadia Chinese Association, the primary sponsor of this program.
( Antera, White Mayor Chang congratulated Madelyn Antera, the recipient of the Arcadia Educational
& Talty) Foundation, Teacher of the Year award; Dr. William White, the honoree of the Methodist Hospital
Alpha Auxiliary event; and, Bob Talty, the Senior Citizen of the Year.
(Boards and Mayor Chang announced that on June 17, the City Council will consider making appointments to
Commisisons) the City's nine advisory boards and commissions. This is a great way for citizens to get involved
in their community and provide important input to the City Council on projects and programs.
The applications will be available at the City Clerk's Office.
(Huang, Caputo Mayor Chang thanked Arcadia Police Officer Jay Huang, Sergeant Dean Caputo and Lieutenant
& Kuwahara) Ken Kuwahara for their assistance in the Ride -a -long program and expressed appreciation for
their efficiency.
(Inauguration) 'Mayor Chang also expressed appreciation to his many friends and supporters who expressed
their congratulations for his inauguration as Mayor of Arcadia, by letters, flowers, plaques and
good wishes.
(Mother's Day) Mayor Chang wished all mothers a Happy Mother's Day.
9. THE CITY COUNCIL RECESSED TO ACT AS
THE ARCADIA REDEVELOPMENT AGENCY
ROLL CALL PRESENT: Agency Members Kovacic, Marshall, Wuo and Chang
ABSENT: Agency Member Segal
It was MOVED by Agency Member Marshall, seconded by Agency Member Kovacic and
CARRIED on roll call vote to EXCUSE the absence of Agency Member Segal.
AUDIENCE PARTICIPATION
None.
4 516!03
s
45:0072
10. CONSENT ITEMS
10a. ,
MINUTES APPROVED the Minutes of the April 15, 2003 Regular Meeting.
(April 15, 2003)
(APPROVED)
10b.
RESOLUTION ADOPT RESOLUTION NO. ARA -205 entitled: "A RESOLUTION OF THE ARCADIA
NO. ARA -205 REDEVELOPMENT AGENCY ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING THE
(California CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB. RESOURCES CODE SECTION 21000
Environmental ET SEQ.) ".
Quality Act
Guidelines)
(ADOPTED)
THE. PRECEDING REDEVELOPMENT AGENCY CONSENT ITEMS 10a and b APPROVED
ON MOTION BY AGENCY MEMBER KOVACIC, SECONDED BY AGENCY MEMBER
MARSHALL AND CARRIED ON ROLL CALL VOTE AS FOLLOWS,
AYES: Agency Members Kovacic, Marshall, Wuo and Chang
NOES: None
ABSENT: Agency Member Segal
ADJOURNMENT. The meeting of the Arcadia Redevelopment Agency ADJOURNED to May 20, 2003 at 6:00 p.m.
THE CITY COUNCIL RECONVENED
11. CONSENT ITEMS
1la.
MINUTES APPROVED the Minutes of the April 15, 2003 Regular Meeting.
(April 15, 2003)
11b.
ORDINANCE INTRODUCED ORDINANCE NO. 2174 entitled: "AN ORDINANCE OF THE CITY COUNCIL
NO. 2174 OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE III, CHAPTER 8 OF THE
(Construction ARCADIA MUNICIPAL CODE PERTAINING TO CONSTRUCTION BINS ON STREETS ".
Bins on Streets)
11 c.
ORDINANCE . ADOPTED ORDINANCE NO. 2175 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
NO: 2175 THE CITY OF ARCADIA, CALIFORNIA, AMENDING DIVISION 8, ARTICLE VI, CHAPTER 4,
(Massage PART 1 OF THE ARCADIA MUNICIPAL CODE REGARDING THE REGULATION OF
Therapists) MASSAGE THERAPISTS ".
11d.
ORDINANCE ADOPTED ORDINANCE NO. 2177 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
NO. 2177 THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE IV, CHAPTER 2 OF THE
(Criminal St. ARCADIA MUNICIPAL CODE BY ADDING A NEW PART 6 REGARDING LOITERING BY
Gangs CRIMINAL STREET GANGS ".
Loitering)
5 5(6103
45:0073 '
11e.
ORDINANCE ADOPTED ORDINANCE NO. 2178 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF
NO. 2178 THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARCADIA MUNICIPAL CODE
(Adult PROVISIONS ON THE PERMITTING AND: OPERATIONAL STANDARDS FOR ADULT
Businesses) BUSINESSES AND PERMITTING PROCEDURES FOR ADULT BUSINESS PERFORMERS ".
11 f.
RESOLUTION ADOPTED RESOLUTION NO. 6340 entitled: "A RESOLUTION OF THE CITY COUNCIL OF
NO. 6340 THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT
(Used Oil FUNDS UNDER THE USED OIL RECYCLING ENHANCEMENT ACT"; and, AUTHORIZED the
Recycling City Manager to EXECUTE and FILE on behalf of the City of Arcadia all forms-necessary
Enhancement regarding this Grant with the California Integrated Waste Management Board; and,
Act) APPROPRIATED $24,652.00 to implement the used oil collection program trust fund.
11g.
RESOLUTION ADOPTED RESOLUTION NO. 6349 entitled: "A RESOLUTION OF THE CITY COUNCIL OF
NO. 6349 THE CITY OF ARCADIA, CALIFORNIA, AMENDING AND ADOPTING LOCAL GUIDELINES
(California FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB.
Environmental RESOURCES CODE §§ 21000 ET SEG.) ".
Quality Act
Guidelines)
11h
AWARD AWARDED a contract in the amount of $646,150 to Engineered Plumbing Inc. for the 2002 -03
CONTRACT Water Main Replacement projects; and, AUTHORIZED the City Manager' and City Clerk to
(Wtr. Main EXECUTE a contract in a form approved by the City Attorney.
Replcmnt. Proj.)
11 i.
EQUIPMENT AUTHORTIZED a purchase of mobile data terminals and fire station alerting equipment from
PURCHASE Nida Companies in the amount of $92,673.68, using the Los Angeles County purchasing
(Mobile Data agreement.
Terminals — FD)
11j.
RENEW AUTHORIZED the City Manager to renew the annual, professional services agreement, From July
PROF. SVCS. 1, 2003, to June 30, 2004, with All City Management Services for crossing guard services in the
AGREEMENT amount of $123,857.
(Crossing
Guard)
Ilk.
UNIFORM WAIVED the formal bid process and APPROVED Tom's Uniforms, Uniform Express, and West
VENDORS' End Uniforms as uniform vendors for Police Department uniforms.
(PD)
111.
RENEW AUTHORIZED the City Manager to renew the annual professional services agreement with
PROF. SVCS. Pasadena Humane Society & SPCA foranimal control services, from July 1, 2003, to June 30,
AGREEMENT 2004, in the amount of $69,388.
(Animal Control
Services)
5/6/03
.. t
iillii
SIDEWALK
DEDICATION
(Baldwin Ave.
Beta Duarte Rd
& Naomi Ave.)
11n.
ACCEPT
WORK
(Council
Chambers &
Conf. Room
Renovation)
45:0074
See page 7.
ACCEPTED the City Council Chambers and Conference Room Renovation Project as complete
and AUTHORIZED staff to make the final 10% retention payment of $51,877.47 to D. L.
Kaufman, Inc.
110.
LEASE TERMINATED the Lease Agreement, dated April 2, 1999, and AUTHORIZED the Mayor to sign
AGREEMENT the new Agreement, between the City of Arcadia and the Arcadia Historical Society.
(Arc: Historical
Society) Councilmember Wuo noted that he is serving as the President of the Arcadia Historical Society
and said he wants abstain from voting on consent item 11 o.
11p,
FINAL TR. MAP APPROVED the Final Map for Tract No. 53631 for a 12 -unit residential condominium subdivision
NO. 53631 at 717 Arcadia Avenue.
(717 Arcadia)
THE PRECEDING CONSENT ITEMS 11 a, b, c, d, e, f, g, h, i, j, k, I, n, o and p APPROVED ON
MOTION BY COUNCILMEMBER MARSHAL, SECONDED BY COUNCILMEMBER KOVACIC
AND CARRIED ON ROLL CALL VOTE AS FOLLOWS:
AYES: Councilmembers, Kovacic, Marshall, Wuo and Chang
NOES: None
ABSENT: Councilmember Segal
ABSTAIN: Councilmember Wuo (Item 11 o.)
11 m.
SIDEWALK Consideration of the report and recommendation to approve and authorize the;City Manager to
DEDICATION execute a Sidewalk Development and Dedication Agreement with PHMJ, LLC, owner of the
(Baldwin Ave. Arcadia Hub, and to execute all exhibits to the agreement and any documents necessary to
Bet. Duarte Rd complete this transaction; on condition that the city first enter into a public works contract to
& Naomi Ave.) complete the project described in the Agreement.
(CONTINUED
TO 4- 20 -03) The City of Arcadia has an on -going plan to upgrade and improve its commercial areas by
improving the streets and the parkways, including the center median. The City proposed
a project to resurface and improve Baldwin Avenue between Duarte Road and Naomi Avenue.
The west parkway is privately owned with the current property line at the curb face. The
property owner has consented to the dedication of the additional right -of -way in exchange for the
City making the improvements. The project will widen the roadway to accommodate a center
median for the entire block, add bow -outs at the corners and at mid -block to'accentthe parking
lanes and to allow more area for landscape and landscape improvements, and repair and
replace the sidewalk and landscaping, remove and replace the ficus trees with new street trees,
and add ten (10) parking spaces. The two existing signs will be removed as part of the City's
construction project and the owner will replace the two signs with one new sign mid - block.
516!03
45 ^0075
Considerable discussion ensued. Some Councilmembers concurred with the beautification of
West Arcadia but have great reservations for the parking and the addition of bow -outs on the
west side of the street and felt that getting the cars in and out from these parking spaces will
impede the traffic on Baldwin Avenue even more; others felt that adding more parking spaces is
an important design element in this area and will benefit the City and the businesses. By not
putting parking on the west side of Baldwin the City is going to condemn that center to have
nothing but painted -in windows for the rest of its existence.
In discussion staff reiterated that the proposed roadway and right -of -way widths are substandard
based on the newly amended General Plan Circulation Element. The street is not wide enough
to accommodate a center median and parking lanes on both sides.
In response to a Council question with regard to the timing of the project, staff stated in part that,
the project construction period will be sixty days and it will be completed before opening day of
the Oak Tree racing meet.
Further, staff explained in detail the signage process for this project. In the year 2000 the
property owner presented a design for a sign, which will replace the two existing signs with one
new sign. A modification was approved for the extension of the sign to where it is presently
being constructed. There will be approximately six signs on each side with a total square
footage of 392 sq. ft. Each of the panels should go through Architectural Design Review. There
will be continuity in the panels as far as colors and type.
Following discussion it was MOVED. by Mayor Pro tem Kovacic, seconded by Councilmember
Wuo and CARRIED on roll call vote as follows to CONTINUE this item to the May 20, 2003
meeting; and, DIRECT staff to address the issues raised by Councilmembers including analysis
on what the benefit of this project would be without parking issues; and also include the business
owners input in the data.
AYES: Councilmembers, Kovacic, Marshall, Wuo and Chang
NOES: None
ABSENT: Councilmember Segal
12a.
ORDINANCE Consideration of the report and recommendation to introduce Ordinance No. 2179 establishing
NO. 2179 the regulations that will apply to the skatepark facility at Bonita Park, use of the facility and the
(Skating & penalties for failure to comply with those regulations.
Skateboarding —
Bonita Park) The City of Arcadia has gone to great length and expense to develop a state -of- the -art skate and
(INTRODUCED) skateboard facility that will provide a high quality recreational experience for its users. The City
must also address the safety of the facility and its users. The facility safety issues have been
addressed through the design criteria and construction detail while the user safety issues are
dealt with through the regulations governing use of the facility. The proposed addition to the
Arcadia Municipal Code reflects both the State mandated regulations and those most commonly
used and recommended by publicly owned and operated facilities throughout the region. In
addition, the Code requires the posting of signs at the facility that state the contents of the
ordinance and the penalty for non - compliance.
Adoption of Ordinance 2179 will have no fiscal impact on the City of Arcadia other than some
minor costs associated with the creation and installation of the signage posting the facility
regulations at the Bonita Park site.
In response to a Council question David Lewis, Director of Recreation and Community Services,
stated in part that, posting the rules is better for the City liability wise than having it staffed.
8 5/6/03
None of the public skateboard facilities in the
Departments will have this facility watched at
between all the departments involved regularly.
45:0076
State are staffed. The Recreation and Police
all times and there will be a daily inspection
It was MOVED by Councilmember Marshall, seconded by Mayor Pro tern Kovacic and
CARRIED on roll call vote as follows to INTRODUCE ORDINANCE NO. 2179 entitled: "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING
ARTICLE III, CHAPTER 3 OF THE ARCADIA MUNICIPAL CODE BY ADDING PART 4
PERMITTING SKATING AND SKATEBOARDING IN A PORTION OF BONITA PARK".
AYES: Councilmembers, Kovacic, Marshall, Wuo and Chang
NOES: None
ABSENT: Councilmember Segal
12b.
COMMISSION Every year the new Mayor, in consultation with the City Council, makes liaison appointments to
LIAISON AND City Boards and Commissions and outside groups.
COMMITTEE
APPOINT. With regard to outside agencies, in most cases the liaison, or delegate, is a member of a
governing board that oversees a specific governmental function on a regional level. Unlike, City
Commissions, the delegate and alternate delegate to an outside group often has voting power on
issues that go before that particular Board.
The 2003 -2004 Liaison list takes into account the unique rotation of Mayors this year in honor of
Arcadia's Centennial Celebration. Once approved, staff will notify the appropriate parties and in
instances where a resolution is needed staff will prepare such for a future City Council meeting.
It was MOVED by Mayor Pro tem Kovacic, seconded by Councilmember Wuo and CARRIED on
roll call vote as follows to APPROVE the City Council Liaison Assignments for 2003 -2004 and
APPOINT the following Councilmembers /Mayors as the City of Arcadia's Delegate and Alternate
Delegate to the Los Angeles County Sanitation District for the period specified:
Delegate:
Dr. Shang Chang, Mayor
Gary Kovacic, Mayor
John Wuo, Mayor
Mickey Segal, Mayor
Alternate Deligate:
Gail Marshall, Councilmember
Liaison List — April 2003 to April 2004
May 6 -July 15, 2003
July 15- Octover 21, 2003
October 21, 2003- January 20, 2004
January 20 -April 20, 2004
May 6, 2003 -April 20, 2004
Arcadia Beautiful Commission - -- John Wuo
Centennial Celebration Commissiion - -- Shang Chang
Historical Museum Commission - -- Gary Kovacic
Human Resources Commission - -- John Wuo
Library Board - -- Gary Kovacic
Parking District Commission - -- Mickey Segal
Planning Commission -- Gail Marshall
Recreation Commission - -- Shang Chang
Senior Citizens' Commission - -- Mickey Segal
g 5/6/03
45:0077 .
Youth Services Coordinating Council
Chamber of Commerce
Foothill Private Industry Council
Foothill Transit
LA County Division of the League
League City Selection Committee
Sanitation District
SGV Council of Government
Independent Cities Association
Independent Cities Risk Management Assoc.
Southern California Association of Government
DELEGATE
ALTERNATE
Kovacic
Chang
Chang
Kovacic
Chang
Kovacic
Wuo
Chang
Chang
Kovacic
Chang
Kovacic
Sitting Mayor
Marshall
Chang
Kovacic
Chang
Kovacic
Sitting Mayor
Tracey Hause
Chang
Kovacic
ADJOURNMENT At 9:10 p.m. the City Council Regular Meeting ADJOURNED to May 20, 2003 at 6:00 p.m. in the
(May 20, 2003) Council Chambers Conference Room for a Regular Meeting to conduct the business of the City
Council and Arcadia Redevelopment Agency and any Closed Session necessary to discuss
personnel, litigation matters or evaluation of properties.
June D. Alford, Ci lerk
10 516103
May 6, 2003
Development Services
TO: Mayor and City Council
FROM: Don Penman, Assistant City Manager /Development Services Director
By: Donna Butler, Community Development Administrator
SUBJECT: Resolution No. 6348 establishing a renewal fee for the Massage Therapis
Recommendation: Adopt
STAFF REPORT
SUMMARY
Ordinance No. 2175 amending the Arcadia Municipal Code relating to Massage
Therapists regulations includes requirements for Massage Therapist Identification
Cards, including provisions for establishing fees for said card.
In December the City Council adopted Resolution No. 6333 setting forth an initial
processing fee of $265.00 for the Massage Therapist Identification Card. In addition,
Section 6418.11 requires that the Identification Card must be renewed annually. The
Development Services Department is proposing a renewal fee of $140.00 and —
recommends adoption of Resolution No. 6348 establishing said fee.
DISCUSSION
The new massage regulations include licensing standards for issuance of a massage
therapist's license with the Arcadia Police Department. The Police Department
conducts an investigation in order to ascertain whether such application should be
approved, conditionally approved or denied. If approved, a Massage Therapist
Identification Card is issued by the Police Department. As noted above, in December,
the City Council approved a fee of $265.00 to cover the costs of processing the
application.
Section 6418.11 of Ordinance 2175 further requires that a massage therapist shall
annually apply for renewal of both the business license and the Massage Therapist
Identification Card. The purpose of the identification card renewal is to ensure that
there have been no criminal convictions, including pleas of nolo contender since the
LASER IMAGED Resolution No.
May 6, 2003 2003
Page 1
P 14- -/iA
m
3/
original identification card was issued. The Development Services Department and
Police Department are recommending a renewal fee if $140. This fee covers the
following:
ti
$98.79 Police Department investigation fee (1 hour processing,time)
10.00 Police fingerprinting fee
32.00 Department of Justice fingerprinting processing fee
$140.79
ENVIRONMENTAL ANALYSIS
Per Section 15273(1) of the CEQA guidelines, rates, tolls, fares and charges are
exempt from CEQA if the purpose for said fee is ,to cover the costs of operating
expenses.
FISCAL IMPACT
The proposed fee will cover the costs for processing the renewal application.
RECOMMENDATION
That the City Council adopt Resolution No. 6348, a resolution of the City Council
of the City of Arcadia, California, establishing a renewal application fee for
massage therapists (Section. 6418.11) pursuant to City Council Ordinance No.
2175.
Attachments: Resolution No. 6348
Approved by: LVr'M
William R. Kelly, City Manager
Resolution No. 6348
Qc��ns`i�vr� May 6, 2003
Page 2
MI c
maid
NOTICE OF PUBLIC HEARING
BEFORE THE
ARCADIA CITY COUNCIL
A PUBLIC HEARING will be held before the City Council on Tuesday, May 6, 2003
at 7:00 p.m. in the Council Chambers at Arcadia City Hall, 240 West Huntington Drive,
Arcadia.
The purpose of the public hearing will be to consider adoption of a resolution
establishing a fee for processing identification card renewals for massage therapist per
Section 6418.11 of the Arcadia, Municipal Code.
Pursuant to law, the City has prepared a written "cost" report that is available for
review in the Development Services Department, Community Development Division ten
(10) days prior to the date of public hearing. Persons wishing to comment on the
proposed fee may do so by attending the City Council public hearing on Tuesday, May 6,
2003 or by submitting written comments to the City's Community Development Division
so that they are received prior to the close of the public hearing,
For further information regarding the massage therapist's fee, the public hearing,
or the above described written report, please contact Donna L, Butler in the Community
Development Division at (626) 574 -5442, 240 West Huntington Drive, Arcadia, Monday
through Thursday, between the hours of 7:30 a.m. and 5:30 p.m. and Friday between
7:30 a.m. and 4:30 p.m. City Hall is closed on alternate Fridays.
You are hereby advised that should you desire to legally challenge any action
taken by the City Council with respect to this Rem 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.
In compliance with the Americans With Disabilities Act, if you need special
assistance to participate in the Public Hearing, please contact Planning Services at (626)
574 -5423 at least three (3) working days before the meeting or time when such special
services are needed. This notification will help city staff in making reasonable
arrangements to provide you with access to the Public Hearing.
DONNA L. BUTLER
COMMUNITY DEVELOPMENT ADMINISTRATOR
Date Published: April 17, 2003
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RESOLUTION 6348
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA ESTABLISHING A RENEWAL APPLICATION FEE FOR
MASSAGE THERAPISTS (ARCADIA MUNICIPAL CODE SECTION
6418.11)
WHEREAS, the City Council is authorized to establish an application renewal fee
for massage therapist permits pursuant to Arcadia Municipal Code Section 6418.11;
and
WHEREAS, the City charges certain fees for administrative activities based on
reasonable costs incurred by various City departments in processing applications; and
WHEREAS, the proposed massage therapist permit renewal application fee is
based upon an analysis of the estimated actual costs for processing said application
and does not exceed such estimated costs.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That pursuant to Arcadia Municipal Code Section 6418.11, the City
Council hereby approves and adopts a massage therapist permit renewal application
fee, in the amount of $140.00, separate and apart from and in addition to the business
license fee. _
SECTION 2. That the City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 6th day of May 2003.
/s/ SHENG CHANG
Mayor of the City of Arcadia
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
( � P
Stephen P. Deitsch
City Attorney
LASER IMAGED
P3
_ a
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that
the foregoing Resolution No. 6348 was passed and adopted by the City Council of the
City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 6 day of May 2003 and that said Resolution was
adopted by the following vote, to wit:
AYES: Councilmembers Kovacic, Marshall, Wuo and Chang
NOES: None
ABSENT: Councilmember Segal
l� JU
City Clerk of the City of Arcadia
9
PROOF OF PUBLICATI N
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
COUNTY OF LOS ANGELES,
(This space is for the County Clerk's Filing Stamp only)
0�
RECEIVED
MAY 2 0 2003
CITY OF ARCADIA
CITY CLERK
1 am a citizen of the United States and a
resident of the County aforesaid; I am over the
age of eighteen years, and not a party to or
interested in the above - entitled matter.; I am
the, principal clerk of the printer of the Arcadia
Weekly, a newspaper of general circulation
which has been adjudged as a newspaper of
general circulation by the Superior Court of the
County of Los Angeles, State of California on
the date of October 3, 1997, Case Number
GS004333; that the notice, of which the
annexed is a printed copy (set in type not
smaller than nonpareil), has been published in
each regular and entire issue of said
newspaper and not in any supplement thereof
on 'the following dates, to -wit:
I declare under penalty of perjury that the
foregoing is true and correct.
Dated at . Arcadia, Los Angeles . County,
California,
This day of .2002
Proof of Publication of
,..`PUBLIC NOTICE BEFORE
„THE ARCADIA CITY COON
Y
•A PUBLICHEARIN
be hold , before the City Coun
TuesUay,May 6, 2003 at 7:00
In the. Council Chambers; d
City Hell, 240 West Huminr
Arcadia
...:The purpose of
CILp�% access to the'Public Hearing_' '•
of a resolution establishing a fee to
processing identification care
renewals for ,massega; therapist.pe
Sectlom6416. 11 the Arcadii
Municipal Code.
Pumuem to law, the Ciq
has prepared;avd1ten "cost'„ mpor
that Is available for in IN
Development Seivices'Department
Community Development Division
ten (10) ,daysfprior!to thaAam o
public hearing: _ Persons wishing b
comment on,the proposed fee mat
do so: by attending. Me ',City Cound
public heaang Tuesday, May 6
2003 or by_ submitting_ written
comments to the;Citys Communiy
Development Division so that the,
`ere received prior to the close of thi
public hearing., e , •,err. . ...
n kFOr,further.informatioi
-regarding the massage therapist';
'fee, the public It: =g, or the'abow
Aescribed•written - report, pleasi
contact Donna L. Butler. in Ih,
_ through Thursday, between the
of 7:30 a.m:;and: 5:30 p.m
Friday,behman -7:30 a.m: ens
Signature
CORE MEDIA GROUP, INC.
Arcadia Weekly /Monrovia Weekly /Sierra Madre Weekly
34 E. Huntington Drive
Arcadia, CA 91006
(626)294 -1090
Vou'are:hereby advlset
that:should you desire to Iegall'
chetlernge any edition taken by IN
City Council with respect to this hen
you may be limited to rafsing.onl
those Issues and objections whicl
. you or someone else raised at o
paorto the time of the Public Hearing
;In. compliance with:th,
Americans With-Disabilities Act,
you need special eesislarice b
when
will
sor
r .
Gwlll
DONNALBUTLER'..
cil on I
Cr O-M'M:UrN "17 Y.1
P.m.
DEVELOPMENT .. {.^
oadia
ADMINISTRATOR 4,,
Java,
•�.,u:,
of a resolution establishing a fee to
processing identification care
renewals for ,massega; therapist.pe
Sectlom6416. 11 the Arcadii
Municipal Code.
Pumuem to law, the Ciq
has prepared;avd1ten "cost'„ mpor
that Is available for in IN
Development Seivices'Department
Community Development Division
ten (10) ,daysfprior!to thaAam o
public hearing: _ Persons wishing b
comment on,the proposed fee mat
do so: by attending. Me ',City Cound
public heaang Tuesday, May 6
2003 or by_ submitting_ written
comments to the;Citys Communiy
Development Division so that the,
`ere received prior to the close of thi
public hearing., e , •,err. . ...
n kFOr,further.informatioi
-regarding the massage therapist';
'fee, the public It: =g, or the'abow
Aescribed•written - report, pleasi
contact Donna L. Butler. in Ih,
_ through Thursday, between the
of 7:30 a.m:;and: 5:30 p.m
Friday,behman -7:30 a.m: ens
Signature
CORE MEDIA GROUP, INC.
Arcadia Weekly /Monrovia Weekly /Sierra Madre Weekly
34 E. Huntington Drive
Arcadia, CA 91006
(626)294 -1090
Vou'are:hereby advlset
that:should you desire to Iegall'
chetlernge any edition taken by IN
City Council with respect to this hen
you may be limited to rafsing.onl
those Issues and objections whicl
. you or someone else raised at o
paorto the time of the Public Hearing
;In. compliance with:th,
Americans With-Disabilities Act,
you need special eesislarice b
when
will
sor
��OORAORAT99 ST F IR E P0RT
Development Services Department
DATE: May 6, 2003
TO: Mayor and City Council
FROM: Don Penman, Assistant City Manager /Development Services Director*
Philip A. Wray, City Engineer�Iko
SUBJECT: Ordinance No. 2174 Amending Article III, Chapter 8 of the Arcadia
Municipal Code pertaining to Construction Bins on Streets
Recommendation: Introduce
SUMMARY
Ordinance No. 2174 proposes an amendment to the Municipal Code section pertaining
to the placement of temporary construction (trash) bins in the public right -of -way to
allow reflective markings on the bins as an alternative to the placement of lighted
barricades. The code currently requires the use of lighted barricades with any
construction bins placed in the public right -of -way. Reflective markings on the bins are
approved warning devices per various codes and handbooks and serve the same
purpose as lighted barricades.
DISCUSSION
Currently, any large construction (trash) bin rented for temporary use by either a
resident or a contractor and placed on the street is required to have barricades with
flashing lights at each end of the bin. This requirement is governed by the Municipal
Code Subsection 3 of Section 3802 of Article III, Chapter 8. These barricades with
lights consist of a warning (flashing) light mounted on a barricade with reflective
markings as set forth in the latest edition of the "Work Area Traffic Control Handbook"
( "WATCH "). Because the construction bin hauling companies do not provide these
barricades, it is the contractor's or resident's responsibility to acquire them. The
barricades can be rented from the City of Arcadia's Public Works Department or from
any private rental source, as is their choice. However, it is the contractor's or resident's
responsibility to pick -up and return the barricades. Most of the residents who have
been issued permits recently have complained regarding the inconvenience and
expense of supplying the required barricades.
LASER IMAGED
Staff Report
Ordinance No. 2174
May 6, 2003
Page Two
This Ordinance will amend the Code section to allow as an alternative, the use of
orange and white or red and white reflective markings on the construction bins
themselves as necessary to comply with the permit issuance requirements. The orange
and white reflective marking is an approved warning device per the "WATCH" handbook
and the red and white reflective marking is an approved warning device per the
California Vehicle Code. It is staffs determination that the reflective markings on the
bins not only serve the same purpose as the flashing barricades, but also cover more
visible area, are less likely to be vandalized, cannot be stolen, and are less
responsibility for the contractor or resident. The reflective markings will provide the
same or better visibility and protection from moving vehicles on the public streets and
rights -of -way. Letters will be sent to the four (4) authorized commercial haulers to make
the reflective markings a requirement for any construction bin placed on the street. In
checking with other cities, Temple City and Monrovia do not have a specific requirement
for reflective markings, but allows only one refuse hauler for bin rentals and that
company equips its bins with reflective tape. El Monte requires that all bins be
equipped with reflective devices.
FISCAL IMPACT
None.
RECOMMENDATION
That the City Council introduce Ordinance No. 2174 amending Article III, Chapter
8 of the Arcadia Municipal Code pertaining to construction bins on streets.
Approved By: ^"
WILLIAM R. KELLY
City Manager
DP:PW:pa
' " r A I 11 6 J
- 1
�`1Rssryc, �12Prs
STAFF REPORT
May 5,2003 Development Services Department
TO: Mayor and City Council
FROM: Don Pen an, Assistant City Manager /Development Services
Director
By: Donna Butler, Community Development Administrator
SUBJECT: Ordinance No 2175 Amending Division 8 to Article VI, Chapter 4.
Part 1 of the Arcadia Municipal Code regarding the regulation of
Massage Therapists
Recommendation: Adopt Ordinance No. 2175
SUMMARY
Attached for the City Council's consideration is Ordinance No. 2175 amending
Division 8, Article VI, Chapter 4, Part 1 of the Arcadia Municipal Code regarding
the regulation of massage therapists.
The proposed ordinance reflects the changes recommended by the City Council
at its April 1, 2003 meeting. The Development Services Department is
recommending that the City Council adopt Ordinance No. 2175 relating to
massage therapist.
DISCUSSION
The City'Council at its April 1, 2003 meeting, prior to Introduction of Ordinance
2175 recommended the following change set forth on Page 8 of the revised
ordinance:
(D) A certified copy of the applicant's diploma or certificate of graduation
and certified transcript of graduation for completion of five hundred (500)
hours of instruction from a recognized school of massage.
Notwithstanding the foregoinq, an applica may renew, prior to its
expiration a permit obtained from the City prior to the effective date of this
Ordinance 2175
May 6, 2003
LASER IMAGED Pa 1
_0.&, , /1 /Z -
the applicant from a recognized school of massage. For this purpose, a
satisfactory by the Chief of Police.
RECOMMENDATION
That the. City Council adopt Ordinance No. 2175 amending Division 8,
Article VI, Chapter 4, Part 1 of the Arcadia Municipal Code regarding the
regulation of massage therapists.
Approved:
William R. Kelly, City Manager
Attachments: Revised City Council Ordinance No. 2175
Ordinance 2175
May 6, 2003
03aAM i g3�AJ Pa 2
Section 6418.7 with fewer than five hundred (500) hours of instruction if
ORDINANCE NO. 2175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING DIVISION 8,
ARTICLE VI, CHAPTER 4, PART 1 OF THE ARCADIA
MUNICIPAL CODE REGARDING THE REGULATION OF
MASSAGE THERAPISTS
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Division 8 of Article VI, Chapter 4, Part 1 of the Arcadia Municipal Code
is hereby amended to read in its entirety as follows:
'DIVISION 8
MASSAGE THERAPIST REGULATIONS
6418. FINDINGS AND PURPOSE.
The City of Arcadia is authorized, by virtue of the State Constitution and Section 51031
of the Government Code, to regulate massage therapists by imposing reasonable standards
relative to their skill and experience.
The City Council finds and determines that licensing standards pertaining to massage
therapy business activities are necessary to protect the public health and safety and the personal
safety of massage therapists.
The City Council further finds that the public health and safety are best served by the
adoption of an ordinance providing for regulation of massage therapy business activities in a
manner that is consistent throughout the City of Arcadia.
The establishment of reasonable standards for issuance of a license and restrictions on
massage therapy business activities would serve to reduce the risk of illegal activities.
LASER IMAGED Z2P
There is a significant risk of injury to massage clients by improperly trained and/or
uneducated massage therapists and this Division provides reasonable safeguards against injury
and economic loss.
6418.1. DEFINITIONS.
Acupressure shall mean the stimulation or sedation of specific meridian points and trigger
points near the surface of the body by the use of pressure applied in order to prevent or modify
perception of pain or to normalize physiological functions, including pain control, in the
treatment of certain diseases or dysfunctions of the body.
Applicant means the individual seeking a permit pursuant to this Division.
Certified copy shall mean a copy of a document that is certified by the issuer as being a
true and accurate copy of the original document or a similar document bearing an original
signature of the issuer.
Chief of Police means the Chief of Police of the City of Arcadia, or his or her designated
representative.
City regulatory officials shall mean the City's licensing authority, Building and Planning
Services, Code Services Officers, Fire Department and the Police Department.
Disqualifying conduct means any of the following:
(A) Pandering;
(B) Keeping or residing in a house of ill -fame;
(C) Keeping a house for the purpose of assignation or prostitution, or other
disorderly house;
(D) Prevailing upon a person to visit a place of illegal gambling or
prostitution;
2
(E) Lewd conduct;
(F) Prostitution activities;
(G) Any offense committed in any other state which, if committed or
attempted in this state, would have been punishable as a felony;
(H) Any felony offense involving the sale of any controlled substance;
(I) Any offense committed in any other state which, if committed or
attempted in this state, would have been punishable as a felony offense involving the sale of any
controlled substance;
(J) Any misdemeanor or felony offense which relates directly to the practice
of massage therapy, whether as a massage therapy business owner or operator, or as a massage
therapist; or
(K) Any felony the commission of which occurred on the business premises
where message therapy services are performed.
Employ shall include, without limitation, contracting with independent contractors as well
as hiring or employing persons.
Employee shall include, without limitation, independent contractors and persons hired or
employed by a manager or owner of a massage therapy business.
Health Department means the Health Services Agency of the County of Los Angeles.
License shall mean the license to operate a massage therapy business in the City of
Arcadia.
Licensing Authority shall mean the Business License Officer or the designated official
responsible for issuing, revoking and otherwise administering the provisions of this Division.
3
Manager or Owner means the individual(s) who are responsible for the management
and/or supervision of a massage therapy business.
Massage or massage therapy shall mean any method of pressure on, or friction against,
or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of,
the human body with the hands or with the aid of any mechanical or electrical apparatus or
appliance, with or without supplementary aids such as creams, ointments, or other similar
preparations commonly used in the practice of massage, under such circumstances that it is
reasonably expected that the person to whom the treatment is provided or some third person on
his or her behalf will pay money or give any other consideration or any gratuity therefor.
Massage therapy business shall mean any .establishment having a fixed place of business
for the purpose of deriving income or compensation from massage therapy services.
Massage therapist shall mean any person who, for any consideration whatsoever,
performs or offers to perform a massage in a massage therapy business.
Minor means any individual under the age of eighteen (18).
Nudity or semi - nudity shall mean any of the following:
(A) The appearance or display of an anus, male or female genital, pubic
region or a female breast; or
(B) A state of undress which less than completely covers an anus, male or
female genital, pubic region or a female breast.
Patron shall mean any person who receives a massage in exchange for any form of
consideration including, but not limited to, the payment of money.
4
Recognized school of massage shall mean any school or institution of learning which
teaches, through State certified instructors, the theory, ethics, practice, profession or work of
massage, which school or instruction complies with California Education Code Sections 94700
through 94999 and any and all successor statutes, and all regulations promulgated pursuant
thereto, and which requires a resident course of study before the student shall be furnished with a
diploma or a certificate of graduation from such school or institution of learning following the
successful completion of such course of study or learning; and shall further mean any similar
school or institution of Iearning in another state of the United States which has standards and
requirements equivalent to those of California Education Code Sections 94700 through 94999
and regulations promulgated pursuant thereto.
Specified anatomical area shall mean human genitals, pubic region or a female breast.
6418.2. ACUPRESSURE.
This Division shall also apply to the administration of acupressure.
6418.3. PERMISSIBLE MASSAGE THERAPY BUSINESS ACTIVITIES.
It shall be unlawful for any person to own, conduct, permit, or manage a business
establishment having a fixed place of business for the sole and primary purpose of deriving
income or compensation from massage therapy business activities. Massage therapy business
activities shall be purely incidental and secondary to any established business.
Massage therapists may operate at (a) an established medical office, including without
limitation an office of an acupuncturist or a physical therapist and (b) a day spa or salon.
All such established businesses shall comply with all building and zoning regulations, the
regulations of this Division, and all other applicable requirements of law.
5
6418.4. NUMBER OF LICENSES PERMITTED.
Each medical office, including that of an acupuncturist, shall be limited to two (2)
massage therapists at any given time.
6418.5. HOURS OF OPERATION.
No massage therapist shall administer a massage in any established business between the
hours of 9:00 p.m. and 7:00 a.m. The hours of operation must be displayed in a conspicuous
public place within the established business.
6418.6. BUSINESS OWNER/MANAGER RESPONSIBILITY.
All business owners and /or managers shall be responsible for the conduct of all
employees and independent contractors. Any act or omission of any employee or independent
contractor constituting a violation of the provisions of this Division shall be deemed the act or
omission of the business owner for purposes of determining whether the owner's license shall
be revoked, suspended, denied or renewed.
No business owner and /or manager shall employ any person, or allow any person, to
conduct a massage or act as an independent contractor conducting massage who does not have
a valid Massage Therapist Identification Card and Business License issued pursuant to this
Division.
6418.7. MASSAGE THERAPIST IDENTIFICATION CARD REQUIRED.
Any person performing massage or massage therapy shall apply for and obtain from the
City of Arcadia a Massage Therapist Identification Card. The applicant shall file a written
application on the required form provided by the Arcadia Police Department. The following
information, documents and other requirements shall be included with the submission of such
application:
(A) A statement of the exact business location at or from which the applicant will be
working as a massage therapist, including the full street address and all telephone numbers
associated with said location, and a letter of verification from the owner of the business, signed
and dated, indicating the intent to employ the applicant, and the following personal information
concerning the applicant:
(1) Full name, and all aliases used by the applicant, along with complete
residence address and telephone number.
(2) Previous residential addresses for five (5) years immediately preceding.
the current address of the applicant.
(3) Written proof that the applicant is at least eighteen (18) years of age.
(4) Height, weight, color of hair and eyes, and gender.
(5) Driver's license number or identification number.
(6) Social security number.
(7) , The occupation and employment history of the applicant, including
without limitation names, addresses and telephone numbers of all employers, for the five (5)
years immediately preceding the date of application.
(8) The complete permit history of the applicant concerning massage or
massage therapy services provided by the applicant, including without limitation whether the
applicant has ever had any license or permit, issued by any agency, board, city, or other
jurisdiction, denied, revoked or suspended, and if so, the date, location and reason for the
denial, revocation or suspension.
(9) Whether or not the applicant is required to register as a sex offender
7
pursuant to Penal Code section 290.
(10) All criminal convictions, including pleas of nolo contendre (no contest),
within the last ten (10) years, including without limitation those dismissed or expunged
pursuant to Penal Code Section 1203.4, but excluding minor traffic violations; and the date and
place of each such conviction.
(11) A statement in writing and dated by the applicant certifying under
penalty of perjury that all information contained in the application is true and correct.
(12) A statement in writing and dated by the applicant certifying under
penalty of perjury that he or she: (a) has received a copy of this Division; (b) understands its
contents; and (c) understands the duties of a massage therapist as provided in this Division.
(B) Two (2) front -face portrait photographs at least two inches (2 ") by two inches
(2 ") in size taken within thirty days immediately preceding the date of application.
(C) A complete set of fingerprints taken on the date of application by the Arcadia
Police Department.
(D) A certified copy of the applicant's diploma or certificate of graduation and
certified transcript of graduation for completion of five hundred (500) hours of instruction
from a recognized school of massage. Notwithstanding the foregoing, an applicant may renew,
prior to its expiration, a permit obtained from the City prior to the effective date of this Section
6418.7 with fewer than five hundred (500) hours of instruction; provided, however, that the
requirement for a minimum of five hundred (500) hours of instruction shall apply to any and
all subsequent renewals of the permit.
(E) Such other information and identification as the Chief of Police may require in
8
order to discover the truth of the matters herein specified and as required to be set forth in the
application.
(F) The applicant shall pay a nonrefundable application fee at the time of filing an
application, in the amount established by resolution of the City Council.
6418.8. PROCESSING THE APPLICATION.
All Massage Therapist Identification Card applications, together with the application
fee, shall be submitted to the Arcadia Police Department.
Following the determination by the Chief of Police that the application is complete, the
Chief of Police shall conduct an investigation, in such manner as deemed appropriate, in order
to ascertain whether such application should be approved as requested.
Once it is deemed complete, the Chief of Police shall approve, conditionally approve or
disapprove the application, within fifteen (15) business days, unless delayed by fingerprint
checking or other facts which require additional investigation to determine the qualifications of
the applicant. If the investigation requires processing beyond the fifteen (15) business day
limit, the applicant shall be notified of the delay by - mail prior to the expiration of the fifteen
(15) business days.
6418.9. ISSUANCE OF IDENTIFICATION CARD.
The Chief of Police shall issue a Massage Therapist Identification Card if there are no
grounds to disapprove the application as set forth in section 6418.15 of this Division.
6418.10. BUSINESS LICENSE REQUIRED.
Upon receipt of a Massage Therapist Identification Card, the applicant shall furnish the
Card to the Business License Office and obtain the required business license, which includes
N
obtaining approval from the Department of Development Services, Planning Services, of the
proposed business location.
6418.11. RENEWAL OF BUSINESS LICENSE.
A massage therapist shall annually apply for renewal of the business license and the
Massage Therapist Identification Card on forms provided by the Arcadia Police Department.
The applicant shall pay a nonrefundable application renewal fee at the time of filing a renewal
application in the amount established by resolution of the City Council.
The applicant must complete the entire application process if the business license
expires, or the business has been closed more than one (1) year.
6418.12. TRANSFER OF LICENSE.
No Massage Therapist Identification Card or Business License shall be sold or
transferred to any other person or persons.
6418:13. CHANGE OF INFORMATION.
If, during the term of a Massage Therapist Identification Card or Business License, a
massage therapist has any change of information submitted on the original application or
license renewal application, the massage therapist shall notify the Arcadia Police Department
and the Business License Officer of such change in writing within ten (10) business days
thereafter.
6418.14. CLOSURE OF BUSINESS LICENSE.
The massage therapist is required to notify the Business License Office by written
notice, filed within fifteen (15) business days after the last date of the performance or offering
of massage therapy services, if he or she no longer performs or offers massage therapy
10
services in the City of Arcadia.
6418.15. DISAPPROVAL OF MASSAGE THERAPIST IDENTIFICATION CARD.
If the Massage Therapist Identification Card application is denied, the Chief of Police
shall provide written notice of the disapproval to the applicant. In cases where the Chief of
Police does not respond to the applicant within fifteen (15) business days after the application
is deemed complete, the application shall automatically be deemed disapproved on the sixteenth
(16th) business day after the application was submitted and deemed complete.
If the application is disapproved, the applicant shall not be eligible to apply for any
Massage Therapist Identification Card or Business License within the City of Arcadia for a
minimum of one (1) year from the date the application was disapproved.
The application shall be disapproved if the Chief of Police finds any one or more of the
following:
(A) The applicant is not eighteen (18) years of age or older;
(B) The application is incomplete or any required information or document
has not been provided with the application;
(C) The applicant has made one or more false, misleading or fraudulent
statements or omissions of fact on the application or during the application process;
(D) The applicant has, within ten (10) years preceding the date of the
application, been convicted of disqualifying conduct, or of a lesser included offense;
(E) The applicant is required to register as a sex offender;
(F) The applicant has not met the requirements of this Division;
11
(G) The granting of the identification card or license would pose a threat to
public health, safety or welfare;
(I) The applicant has been convicted of an act involving dishonesty, fraud,
deceit or moral turpitude, or an act of violence, which act or acts are substantially related to
the qualifications, functions or duties of a massage therapist;
(I) The applicant has, within five (5) years preceding the date of application,
had a massage therapist permit or similar permit or license denied, suspended or revoked for
cause by a licensing authority, city, county or state.
6418.16. PROHIBITED ACTIVITIES.
(A) It is unlawful for any massage therapist, employee, patron, or any other person
present where massage therapy services are being offered or performed, to expose or touch the
genitals or anal area, or the breast of any female, whether his or her own, or those of another
person.
(B) It is unlawful for any massage therapist, employee, patron, or any other person
present where massage therapy services are being offered or performed, to engage in any
sexual activities.
(C) It is unlawful for any massage therapist, employee, patron, or any other person
present where massage therapy services are being offered or performed, to be in a state of
nudity or semi - nudity.
(D) No massage therapist shall provide or offer to provide any massage therapy
services to a minor unless the minor's parent or legal guardian provides written permission.
(E) No person shall enter, be in, or remain in, any area where massage therapy
12
services are offered or performed while in the possession of, consuming, using or under the
influence of, any alcoholic beverage or controlled substance. Service of alcoholic beverages
shall not be permitted at any established business where massage therapy services are being
performed.
(F) Patrons shall not be prohibited from the use of, or possession of, cellular
phones, pagers or any communication devices while massage therapy services are being
offered or performed.
(G) It is unlawful for any massage therapist, employee, patron, or any other person
present where massage therapy services are being offered or performed, to wear or have in
their possession such items as nightgowns, negligees, bathrobes, sex paraphernalia or
condoms. Every business owner and /or manager shall assure that such items are not being
kept, possessed, stored or used on the business premises.
(H) No electrical, mechanical or artificial device shall be used for audio and/or
video recording or for monitoring the performance of a massage, or the conversation or other
sounds in any massage room.
6418.17. OPERATIONS.
(A) Identification Cards Each massage therapist shall at all times have in his or her
possession the Massage Therapist Identification Card required by this Division and a valid
photo identification. Such Card and identification shall be provided to City regulatory officials
upon demand.
(B) Display of License Each massage therapist shall display the Business License
Certificate issued pursuant to this Division in an open and conspicuous place on the business
13
premises where massage therapy services are performed.
(C) Clothing Each massage therapist and all other employees shall be fully clothed
at all times. Clothing shall be fully opaque, non - transparent uniforms, similar to uniforms
worn in medical offices, and shall provide complete covering of the genitals, pubic area,
buttocks, anal area and chest area.
(D) Sterilizing Equipment Each massage therapist shall provide and maintain at the
business location where the massage is performed adequate equipment for disinfecting and
sterilizing instruments used in massage.
(E) Coverin . Each massage therapist shall provide to all patrons clean, sanitary
and opaque coverings capable of covering the patron specified anatomical areas, including the
genital, anus and chest area. Re -use is prohibited unless the covering is adequately cleaned.
(F) Linen. Towels and linen shall be changed and laundered promptly after each
use. Separate cabinets or containers shall be provided for the storage of clean and soiled
towels and linen.
(G) Advertising No massage therapist operating under this Division shall place,
publish or distribute, or cause to be placed, published or distributed, any advertising matter
that depicts nudity or semi - nudity or employs language in the text of such advertising that
would reasonably suggest to a prospective patron that any other services are available other
than those services authorized by this Division.
(H) Discrimination No massage therapist may discriminate or exclude patrons on
the basis of their race, sex, religion, age, handicap or any other classification protected under
federal or state laws, rules or regulations.
14
(I) Inspections and Searches The business owner, manager and massage therapist,
as a condition to the issuance of each Massage Therapist Identification Case and Business
License, shall be deemed to consent to the inspection of the business premises by the City
Development Services Department, Fire Department, Police Department and the Los Angeles
County Health Department for the purpose of determining that the provisions of this Division
or other applicable laws or regulations are met.
(J) Lighting The lighting in each massage room shall be at least one (1) sixty watt
white light bulb and shall be activated at all times while a patron is in such room or enclosure.
No strobe flashing lights may be used. No colored lights shall be used nor shall any coverings
be used which change the color of the primary light source.
(K) Ventilation Ventilation shall be provided in accordance with the applicable
provisions of the building and construction codes adopted by the City of Arcadia.
(L) Building Permits All building, plumbing and electrical installations shall be
installed under permit and inspected by the Development Services Department. Such
installations shall be installed in accordance with the applicable provisions of the building and
construction codes adopted by the City of Arcadia.
(M) Bath Facilities A minimum of one (1) toilet and one (1) separate washbasin
shall be provided for patrons. Soap or detergent and hot running water shall be provided to
patrons and employees at all times and shall be located within close proximity to the area
devoted to the performance of massage therapy services. A permanently installed soap
dispenser, filled with soap, and a single service towel dispenser shall be, provided at the
restroom hand wash sink. No bar soap may be used. A trash receptacle shall be provided in
15
each toilet room.
(N) Separate Rooms If male and female patrons are to be treated simultaneously,
the following shall be provided: separate treatment rooms, separate dressing rooms and
separate toilet facilities for each patron.
(0) Maintenance All facilities where massage therapy services are offered must be
in good repair and shall be thoroughly cleaned and sanitized each day the business is in
operation. All walls, floors and ceilings of each restroom and shower area shall be easily
cleanable.
(P) Massage Table A massage table shall be provided in each massage room or
enclosure and the massage shall be performed on this massage table. The tables shall have a
minimum height of eighteen inches (18 "). Two -inch (2 ") thick foam pads with maximum
width of four feet (4') may be used on a massage table and must be covered with durable,
washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not
permitted on the business premises.
(Q) Doors No massage therapy services shall be given within any room or
enclosure that is fitted with a door capable of being locked. The business premises' exterior
doors and any doors separating the waiting or reception area from the remainder of the
premises shall remain unlocked during business hours.
(R) Posting Each service offered, the price thereof and the minimum length of
time such service is performed shall be posted in a conspicuous public location on the business
premises. No services shall be performed and no sums shall be charged for such services other
than those posted.
16
(S) Notices The following notice shall be conspicuously posted in a location within
the business where massage therapy services are performed that is easily visible to any person
entering the premises and in each massage room or enclosure:
IN COOPERATION WITH THE ARCADIA POLICE
DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED
AT ALL TIMES FOR PERIODIC INSPECTION TO INSURE
OUR PROFESSIONALISM.
(T) Roster of Employees The business owner and /or manager shall maintain a
register of all massage therapists and employees, showing the name, nicknames and aliases
used by the massage therapist or employee, home address, age, birth date, gender, height,
weight, color of hair and eyes, phone numbers, social security number, date of employment
and termination, if any, and duties of each employee. The above information concerning each
massage therapist and employee shall be maintained at the premises of the business for a period
of two (2) years following termination. The business owner and /or manager shall make the
register of massage therapists and employees available immediately for inspection by the City
regulatory officials upon demand at all reasonable times.
(U) Records of Treatment The business owner and /or manager shall keep a record
of the dates and hours of each treatment or service, the name and address of the patron, the
name of the massage therapist administering such service and a description of the treatment or
service rendered. A short medical history form shall be completed by the massage therapist to
determine if the patron has any communicable diseases, areas of pain, high blood pressure or
any physical condition that may be adversely affected by massage. These records shall be
17
prepared prior to administering any massage or treatment, and shall be retained for a period of
twenty-four (24) months after such treatment or service. These records shall be open to
inspection upon demand only by officials charged with enforcement of this Division and for no
other purpose. The City regulatory officials shall periodically inspect the records to ensure
compliance with this Division. Such records shall be kept at the business. The information
furnished or secured as a result of any such records shall be used only to ensure and enforce
compliance with this Division, or any other applicable State or Federal laws, and shall remain
confidential. Any unauthorized disclosure or use of such information by any officer or
employee of the City shall constitute a misdemeanor.
6418.18. SUSPENSION AND REVOCATION OF MASSAGE THERAPIST
IDENTIFICATION CARD AND BUSINESS LICENSE.
The Licensing Authority shall suspend or revoke a Massage Therapist Identification
Card and Business License for any one or more of the following:
(A) The administering of massage therapy services has been conducted in a
manner that does not comply with all applicable laws, including but not limited to this Division
and the City's building and zoning regulations;
(B) The license holder has violated a provision of this Division;
(C) The license holder is convicted of any disqualifying conduct or is
required to register as a sex offender;
(D) Information contained in the approved application is false, misleading or
fraudulent;
(E) The license holder refuses to allow representatives of the City to inspect
18
business records or any premises utilized by the licensee for massage therapy services;
(F) The license holder has ceased to meet any of the requirements of this
Division.
In the event of suspension or revocation of a license or card issued under this
Division, the Licensing Authority shall send to the license holder a revocation or suspension
notice ten (10) business days prior to the effective date of suspension or revocation. The
license and /or card shall be deemed revoked or suspended on the eleventh (11th) business day
after the City mails or otherwise delivers notice of suspension or revocation.
6418.19. RETURN OF LICENSE CERTIFICATE AND IDENTIFICATION CARD.
If a Business License or Massage Therapist Identification Card is suspended or
revoked, the license certificate and identification card shall be returned to the Licensing
Authority no later than the end of the third (3rd) business day after the effective date of
suspension or revocation.
6418.20. APPEALS.
Within five (5) business days following the date of issuance by the Licensing Authority
of the revocation or suspension notice, the applicant may file a written appeal to the Business
Permit and License Review Board. The written appeal shall be filed at the City's Business
License Office. In the event of an appeal, the effective date of license and /or card revocation
or suspension shall automatically be continued until the date the City makes a determination
concerning the appeal. Within ten (10) business days from the filing of such appeal, a hearing
shall be conducted by the Business Permit and License Review Board at which time the
applicant may present evidence in his /her favor and in opposition to the revocation or
19
suspension. Within ten (10) business days from the conclusion of the hearing the Board shall
make findings and render a final decision.
6418.21. REAPPLICATION AFTER REVOCATION.
An applicant for either a license or an identification card under this Division whose
license or identification card has been revoked may.not reapply for such license or
identification card for a period of five (5) years from the date of revocation. However, the
applicant may reapply prior to five (5) years if the applicant provides clear and convincing
evidence that the ground or grounds for revocation no longer exist.
6418.22. EXEMPTIONS.
The provisions of this Division shall not apply to any of the following:
(A) State licensed physicians, surgeons, chiropractors, physical therapists,
osteopaths, or any registered or licensed vocational nurses working on the premises of; and
under the direct supervision of, a State licensed physician, surgeon, chiropractor or osteopath;
(B) Barbers, beauticians, manicurists and pedicurists who are duly licensed under
the laws of the State of California, except that this exemption shall apply solely to the
massaging of the scalp, face, neck, arms, hands, or feet of the client for cosmetic or
beautifying purposes; and
V
(C) Athletic trainers certified by the State of California performing training services
for professionals, amateur or school athletic events or practices."
20
SECTION 2. If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have passed this Ordinance, and
each and every section, subsection, sentence, clause or phrase not declared invalid or
unconstitutional without regard to whether any portion of the Ordinance would be subsequently
declared invalid or unconstitutional.
SECTION 3. The City Clerk shall certify the adoption of this Ordinance and shall
cause a copy or summary of the same to be published in the official newspaper of said City
within fifteen (15) days of its adoption. This ordinance shall take effect thirty one (3 1) days
after its adoption, in accordance with the provisions of California law.
Passed; approved and adopted this 6th day of May , 2003.
/s/ SHENG CHANG
Mayor of the City of Arcadia
ATTEST:
M J LO m .
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
21
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2175 was passed and adopted by the City Council ofthe City
of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting
of said Council held on the 6th day of May, 2003 and that said Ordinance was adopted
by the following vote, to wit:
AYES: Councilmembers Kovacic, Marshall, Wuo and Chang
NOES: None
ABSENT: Councilmember Segal
City Clerk of the City of Arcadia
22
ORDINANCE NO. 2177
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, AMENDING ARTICLE IV,
CHAPTER 2 OF THE ARCADIA MUNICIPAL CODE BY
ADDING A NEW PART 6 REGARDING LOITERING BY
CRIIVIINAL STREET GANGS
WHEREAS, the City of Arcadia, under its police power, has the authority to take action
where the potential exists for jeopardy to the public welfare, health and safety of its citizens; and
WHEREAS, the City is concerned with the level of street gang violence, street gang
activity and street gang crime in the City, and has determined that the establishment and
enforcement of an ordinance prohibiting loitering is an effective and necessary means to
decrease crime, violence and victimization; and
WHEREAS, there are over 300 criminal street gangs numbering over 65,000 members
operating within Los Angeles County, including 18 Asian gangs with known memberships in
Arcadia; and
WHEREAS, the crimes being committed by criminal street gang members include
serious offenses such as murder by drive -by shootings, aggravated assault, robberies, burglaries
and drug- related crimes; and
WHEREAS, in 1998, there were 68 homicides in the unincorporated areas of Los
Angeles County believed to have been committed by members of criminal street gangs,
including two murders in Arcadia occurring in September 2002; and
WHEREAS, loitering in public places by members of street gangs creates a justifiable
fear for the safety of persons and property in the area; and
WHEREAS, members of criminal street gangs establish control over identifiable areas of
the community by loitering in those areas and intimidating others from entering, and some
1 LASER IMAGED
s'�
residents of the community are afraid to leave their homes or to call the police to report the
presence of and intimidation by gang members; and
WHEREAS, criminal street gangs extend their unlawful activity throughout all areas of
Los Angeles County, including the City of Arcadia; and
WHEREAS, the City finds and determines that having an enforceable ordinance targeted
at loitering by members of criminal street gangs and those in company with members of criminal
street gangs is critical to preserving the public health, safety and welfare of all citizens in the
City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Part 6 is hereby added to Article IV, Chapter 2 of the Arcadia Municipal
Code to read as follows:
"PART 6.
LOITERING BY CRIMINAL STREET GANGS
4253. PROHIBITED ACTS.
(a) It is unlawful for any person who is a member of a "criminal street gang ", as that
term is defined in California Penal Code section 186.22(f), or who is in the company of or acting
in concert with a member of a `criminal street gang ", to loiter or idle in a "public place" as
defined in Section 4253 (b) under any of the following circumstances:
(1) With the intent to publicize a criminal street gang's dominance over
certain territory in order to intimidate non - members of the gang from entering, remaining
in, or using the public place or adjacent area;
2
(2) With the intent to conceal ongoing commerce in illegal drugs or other
unlawful activity.
(b) For purposes of this chapter, a "public place" means the public way and any other
location open to the public, whether publicly or privately owned, including but not limited to any
street, sidewalk, avenue, highway, road, curb, area, alley, park, playground or other public
ground or public building; any common area of a school, hospital, apartment house, office
building, transport facility, shop, or privately owned place of business, to which the public is
invited, including any place of amusement, entertainment,, or eating place. Any "public place'
also includes the front yard area, driveway and walkway of any private residence, business or
apartment house.
4254. POWERS OF LAW ENFORCEMENT OFFICERS NOT LIMITED.
Nothing in this chapter shall be construed in any way to limit the power or right of a law
enforcement officer to make any investigation, detention or arrest as such law enforcement
officer would be permitted to make in the absence of this chapter.
4255. PARENTAL CONTROL. Any parent(s) and legal guardian(s), or other adult
person(s) authorized by said parent(s) or legal guardian(s) to have the care and custody of a
minor, who knowingly permits or by insufficient control allows a minor to violate the provisions
of this chapter is guilty of a misdemeanor.
4256. PENALTY. Violation of this chapter shall be punishable by a fine not to exceed
$500 or by imprisonment not to exceed six months, or both.
4257. SEVERABILITY. If any provision or clause of this chapter or the application
thereof to any person or circumstance is held invalid, such invalidity shall not affect any other
3
provision or application of this chapter which can be given without the invalid provision or
application, and to this end the provisions of this chapter are declared to be severable."
SECTION 2. 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. This ordinance shall take effect thirty-one (3 1) days after its enactment.
Passed, approved, and adopted this 6th day of May 2003.
/s/ SHENG CHMG
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
1l
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2177 was passed and adopted by the City Council of the City
of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting,
of said Council held on the 6th day of May, 2003 and that said Ordinance was adopted
by the following vote, to wit:
AYES: Councilmembers Kovacic, Marshall, Wuo and Chang
NOES: None
ABSENT: Councilmember Segal
JU NE
City Clerk of the City of Arcadia
5
ORDINANCE NO: 2178,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING ARCADIA
MUNICIPAL CODE PROVISIONS ON THE PERMITTING AND
OPERATIONAL STANDARDS FOR ADULT BUSINESSES AND
PERMITTING PROCEDURES FOR ADULT BUSINESS
PERFORMERS
THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES.
ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS. The City Council of the City of Arcadia hereby finds,
determines, and declares that:
A. The City Council finds that it is necessary and appropriate to amend Article
IX, Chapter 2, Part 7, Division 9, entitled "Adult Businesses" of the Arcadia Municipal
Code by adding, refining and updating the provisions as they relate to the permitting and
operational standards for adult businesses and to amend the permitting process for the
licensing of adult use performers set forth in Article VI, Chapter 7, entitled "Adult
Business Performer License." The public health, safety and welfare of the City of
Arcadia and its residents require the enactment of this Ordinance and such operating
standards for adult businesses in order to: (1) mitigate and reduce the judicially
recognized potential adverse secondary effects of adult businesses, including but not
limited to crime, the prevention of blight in neighborhoods and the increased threat of the
spread of sexually transmitted diseases; (2) protect the quality of life and neighborhoods
in the City, the City's retail and commercial trade, and local property values, and
minimize the potential for nuisances related to the operation of adult businesses; and (3)
protect the peace, welfare and privacy of persons who own, operate and/or patronize
adult businesses.
B. The City Council, in adopting this Ordinance, takes legislative notice of the
existence and content of the following studies concerning the adverse secondary effects
of adult businesses in other cities: Garden Grove, California (1991); Tucson, Arizona
(1990); Seattle, Washington, Department of Construction and Land Use (1989); Austin,
Texas, Office of Land Development Services (1986); Oklahoma City, Oklahoma (1986);
Indianapolis, Indiana, Department of Metropolitan Development (1984); Houston, Texas,
City Council Report (1983 and 1997); Beaumont, Texas (1982); Minnesota Crime
Prevention Center, Inc., Minneapolis (1980); Phoenix, Arizona (1979); Los Angeles,
California, Department of City Planning (1977); Amarillo, Texas, Planning Department
(1977); and Cleveland, Ohio (1977); New.York, New York (1994); Newport News,
Virginia (1996); Times Square, New York City (1994); and Whittier, California (1978).
LASER IMAGED
1�
Paz
J
The City Council finds that these studies are relevant to problems addressed by the
City in enacting this Ordinance to regulate the adverse secondary effects of adult
businesses and more specifically finds that these studies provide convincing evidence
that:
1. There is substantial evidence that an increase in crime tends to
accompany, concentrate around, and be aggravated:by adult businesses, including but not
limited to an increase in the crimes of narcotics distribution and use, prostitution,
pandering, and violence against persons and property. The studies from other cities
establish by convincing evidence that adult businesses that are not regulated as to
operating standards often have a deleterious' effect on nearby businesses and residential
areas, causing, among other adverse secondary effects, an increase in crime and a
decrease in property values.
2. Regulations for adult businesses should be developed to prevent
deterioration and/or degradation of the vitality of the community before the problem
exists, rather that waiting for problems to be created.
C. In developing this Ordinance,.the City Council is mindful of legal
principles relating to regulation of adult businesses, and the City Council does not intend
to suppress or infringe upon any expressive activities protected by the First Amendment
of the United States and California Constitutions but instead desires to enact reasonable
time, place, and manner, regulations that address the adverse secondary effects of adult
businesses. The City Council has considered decisions of the United States Supreme
Court regarding local regulation of adult businesses, including but not limited to. City of
Los Angeles v. Alameda Books, 122 S.Ct. 1728 (2002); City of Erie v. Pap's A.M.
( "Kandyland'), 529 U.S. 277, 120 S.Ct. 1382, 146 L.Ed.2d 265 (2000); Barnes v. Glen
Theatre, Inc:, 501 U.S. 560, 111 S.Ct. 2456, 115 L.Ed.2d 504 (1991); FW /PBS, Inc. v.
City of Dallas, 493 U.S. 215, 110 S.Ct. 596, 107 L.Ed.2d 603 (1990); City of Renton v.
Playtime Theatres, Inc., 475 U.S. 41, 106 S.Ct. 925, 89 L.Ed.2d 29 (1986); and Young v.
American Mini Theaters, Inc., 427 U.S. 50, 96 S.Ct. 2440, 49 L.Ed.2d 310 (1976);
decisions of the United Stated Court of Appeals for the Ninth Circuit, including but not
limited to: Diamond v. City of Taft, 215 F.3d 1052 (9th Cir. 2000), cert. denied 531 U.S.
1072 (2001); Isbell v. City of San Diego, 258 F.3d d 108 (9th Cir. 2001); Young v. City of
Simi Valley, 216 F.3d 807 (9th Cir. 2000), cert. denied 531 U.S. 1104 (2001); Lim v. City
of Long Beach; 217 F.3d 1050 (9th Cir. 2000), cert. =denied 121 S.Ct. 1189 (2001);
Alameda Books v. City of Los Angeles, 222 F.3d 719 (9th Cir. 2000), cert. granted 121
S.Ct. 1223 (2001); Baby Tam & Co., Inc. v. City of Las Vegas ( "Baby Tam I "), 154 F.3d
1097 (9th Cir. 1998); Baby Tam & Co., Inc. v. City of Las Vegas ( "Baby Tam II'), 199
F.3d 1111 (9th Cir. 2000); Baby Tam & Co., Inc. v. City of Las Vegas ( "Baby Tarn III'),
247 F.3d 1003 (9th Cir. 2001); 4805 Convoy, Inc. v. City of San Diego, 183 F.3d 1108
(9th Cir. 1999); Topanga Press, Inc. v. City of Los Angeles, 989 F.2d 1524 (9th. Cir.
1993), cent. denied 511 U.S. 1030 (1994); Kev, Inc. v. Kitsap County, 793 F.2d 1053" (9th
C3DA - I'v,l FMAJ
Cir. 1986); Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998), cert. denied 529
U.S. 1053 (2000); several California cases, including but not limited to: Tily B., Inc. v.
City of Newport Beach, 69 Cal.App.4th 1 (1998); City of National City v. Wiener, 3
CalAth 832 (1993), cert. denied 510 U.S. 824; People v. Superior Court (Lucero) 49
Cal.3d 14 (1989); Department of Alcoholic Beverage Control v. Alcoholic Beverage
Appeals Bd. of California ( "Vicary') 99 Cal.App.4th 880 (2002); and City of Vallejo v.
Adult Books, 167 Cal.App.3d 1169 (1985), cert. denied 475 U.S. 1064 (1986); and other
federal cases, including but not limited to: Hang On, Inc. v. City of Arlington, 65 F.3d
1248 (5th Cir. 1995); Mitchell v. Commission on Adult Entertainment, 10 F.3d 123 (3rd
Cir. 1993); Lakeland Lounge v. City of Jacksonville, 973 F.2d 1255 (5th Cir. 1992), cert.
denied 507 U.S. 1030 (1993); International Eateries v. Broward County, 941 F.2d 1157
(11th Cir. 1991), cert. denied 503 U.S. 920 (1992); and Star Satellite, Inc. v. City of
Biloxi, 779 F.2d 1074 (5th Cir. 1986).
D. ' The City Council further finds the following, based in part upon its
understanding of the documents, including but not limited to the experiences of Arcadia,
the declarations of police officers in other jurisdictions setting forth their experiences,
and judicial decisions in the public record:
1. Evidence indicates that some dancers, models, entertainers,
performers, and other persons who publicly perform specified sexual activities or
publicly display specified anatomical areas in adult businesses (collectively referred to as
"performers ") have been found to engage in sexual activities with patrons of adult
businesses on the site of the adult business.
2. Evidence has demonstrated that performers employed by adult
businesses have been found to offer and provide private shows to patrons who, for a
price, are permitted to observe and participate with the performers in live sex shows.
3. Evidence indicates that performers at adult businesses have been
found to engage in acts of prostitution with patrons of the establishment.
4. Evidence indicates that fully enclosed booths, individual viewing
areas, and other small rooms whose interiors cannot be seen from public areas of the
establishment regularly have been found to be used as locations for engaging in unlawful
sexual activity.
5. As a result of the above, and the increase in incidences of HIV,
AIDS, hepatitis B, and hepatitis C which are sexually transmitted or blood borne
diseases, the City has a substantial interest in adopting regulations that will reduce the
possibility for the occurrence of prostitution and unlawful sex acts at adult businesses in
order to protect the health safety, and well -being of its citizens. The City finds this is
relevant to the experience of Arcadia and the need to regulate the secondary effects of
adult businesses within the community.
6. The public health, safety, welfare, and morals of all persons in the
City must be protected by the establishment of standards to diminish the possibility of
infection of contagious diseases.
E. The City Council is cognizant of the specific danger from the sexually,
transmitted disease AIDS, which is currently irreversible and fatal. The City Council
takes legislative notice that according to statistics provided by the Los Angeles County
Health Department, in 1998 1,624 cases of AIDS were diagnosed in Los Angeles County
and 184 AIDS- related deaths were reported. According to the most recent statistics
available for 1999, 464 cases of AIDS were diagnosed in Los Angeles County between
January 1, 1999 and June 30, 1999, and 42 AIDS- related deaths were reported for that
same period. Further,'the City Council takes legislative notice of the County of Orange
Communicable Disease Summary 1998, County of Orange Health Care Agency, issued
January 2000 ( "Communicable Disease Summary"). The Communicable Disease
Summary states that 5,149 cases of AIDS were reported in Orange County between 1982
and 1998. In 1998, 305 cases of AIDS were reported in Orange County, an 8% increase
over the 283 reported cases in 1997. As of December 1998, an estimated 2,345 residents
of Orange County were living with AIDS, over double the number six years prior. As of
December 2000, an estimated 5,700 Orange County residents were living with HIV or
AIDS. The City also takes legislative notice of the AIDS Surveillance Report dated July
31, 2001 by the County of San Diego Health and Human Services Agency, Division of
AIDS and Community Epidemiology ( "AIDS Surveillance Report") and the report
entitled San Diego County HIV /AIDS Status dated June 2000, also by the County of San
Diego Health and Human Services Agency ( "AIDS Status Report"). According to the
AIDS Surveillance Report, 10,876 AIDS cases were reported throughout the County
since 1981 through July 2001, 150 of which were reported in 2001 and 420 of which
were reported in 2000.
F. The City is also concerned with preventing the spread of other sexually
transmitted diseases' such as syphilis, gonorrhea, chlamydia, hepatitis B and hepatitis C.
The Communicable Disease Summary further indicates that between 1994 and 1998, 211
cases of syphilis were reported, 3,094 cases of gonorrhea were reported, and 17,349 cases
of chlamydia were reported in the County. The City also takes legislative notice of the
STD Fact Sheet of 2000 by the County of San Diego Health and Human Services Agency
( "STD Fact Sheet ") and the Sexually Transmitted Diseases Annual Summary, San Diego
County, 1993 -1994, by the Sexually Transmitted Disease Control Program, dated
December 1995 ( "STD Annual Summary"). According to the STD Fact Sheet and STD
Annual Summary, 1109 cases of syphilis were reported throughout the County between
1990 and 2000, 27 of which were reported in 2000. With respect to gonorrhea, 27,890
cases of gonorrhea were reported between 1990 and 2000, 1797 of which were reported
n
in 2000. The number of cases of chlamydia reported within the County dramatically
exceeds the number of reported cases of syphilis and gonorrhea: 74,079 cases were
reported between 1990 and 2000, 8637 of which were reported in 2000. It should also be
noted that according to the AIDS Status Report, numerous studies have shown that
sexually transmitted diseases such as syphilis, gonorrhea and chlamydia facilitate the
transmission of HIV.
The City Council has a reasonable basis to believe that the experiences of Los
Angeles County, Orange County and San Diego County as to these sexually transmitted
or blood borne diseases are relevant to the experiences of Arcadia.
G. The City Council has also determined that locational criteria alone do not
adequately protect the health, safety, and general welfare of the citizens of the City of
Arcadia and thus that certain requirements with respect to the operation of adult
businesses are in the public interest. In addition to the findings in studies conducted in
other cities regarding increases in crime rates and blighting of areas in which such
businesses are located, the City Council also takes legislative notice of the facts recited in
the case of Kev, Inc., v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986); Colacurcio v. City
of Kent, 163 F.3d 545 (9th Cir. 1998); and Tily B. v. City of Newport Beach (1999) 69
Cal.AppAth 1, regarding how live adult entertainment facilities result in secondary
effects such as prostitution, drug dealing, and other law enforcement problems. The City
has relied on information from police officers from its ,jurisdiction as well as information
as to the experiences of sister communities to support its finding that live entertainment
facilities have increased crime, including drug related activities, all of which place an
added burden on the resources of the City's police department.
H. In recognition of these negative secondary effects generated by live adult
entertainment, a number of courts have upheld distance limitations between performers
and patrons, prohibitions against physical contact between performers and patrons, and
precluded direct exchange of monies between performers and patrons at adult businesses
that provide live entertainment, including, but not limited to: Ply B. v. City of Newport
Beach (1999) 69 Ca1.AppAth 1; Colacurcio v. City of Kent, 163 F.3d 545 (9th Cir. 1998);
BSA, Inc. v. King County, 804 F.2d 1104,1110-11 (9th Cir. 1986); Key, Inc. v. Kitsap
County, 793 F.2d 1053 (9th Cir. 1986); DLS, Inc. v. City of Chattanooga, 894 F. Supp.
1140 (E.D. Tenn. 1995); Parker v. Whitfield County, 463 S.E.2d 116 (Ga. 1995); and
Hang On, Inc. v. City of Arlington, 65 F.3d 1248 (5th Cir. 1995).
I. The City Council believes that generally prohibiting physical contact
between performers and patrons at adult businesses, requiring separate entrances for
performers from those used for patrons, requiring separate, restrooms for opposite sexes,
prohibiting performers from soliciting payment from patrons, and limiting the direct
payment to performers by patrons are a reasonable and effective means of addressing the
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legitimate governmental interests of preventing prostitution, the spread of sexually
transmitted diseases, and drug transactions.
J. In considering appropriate operational regulations for adult businesses, the
City Council finds that:
1. Regulating the exchange of money between performers and patrons
also reduces the likelihood of drug and sex transactions occurring in adult businesses.
2. Requiring separations between performers and patrons precludes
them from being within earshot to communicate and thereby reduces the likelihood that
such persons will negotiate narcotics sales and/or transact sexual favors within the adult
business.
3. Enclosed or concealed booths and dimly -lit areas within adult
businesses greatly increase the potential . for misuse of the premises, including unlawful
conduct of a type which facilitates transmission of disease. Requiring all indoor areas to
be open to view by management at all times and adequate lighting to be provided reduces
the opportunity for, and therefore the incidence of illegal conduct within adult businesses,
and further facilitates the inspection of the interior of the premises thereof by law
enforcement personnel.
(a) The City Council recognizes and relies on the findings set
forth in the 1986 Attorney General's Report on Pornography in support of this Ordinance
including, but not limited to, its recommendations that local.governments ban certain
features of video booths that facilitate carnal sexual encounters. A copy of the Attorney
General's Report on Pornography is available for public review at the City Clerk's office.
(b) With respect to booths, these findings include the following:
The inside walls of the booth are typically covered with graffiti and messages, usually of
a sexual nature and consisting of telephone numbers, names, requests and offers for sex
acts, anatomical descriptions, and sketches. Some booths also contain a chart used as an
appointment schedule that is utilized to schedule appointments for sex acts that take place
in that particular booth. In some instances, this arrangement has been used for the
solicitation of prostitutes. Many of these booths are equipped with a hole in the side wall
between the booths to allow patrons to engage in anonymous, sex including both oral and
anal sex acts. Inside the booths, the floors and walls are often wet and sticky with liquid
or viscous substances, including semen, urine, feces, used prophylactics, gels, saliva, or
alcoholic beverages. The City concludes, based in part on the description of the illicit
sexual activity as noted within the Attorney General's Report, that the presence of closed
doors is likely to lead to the above described secondary effects.
(c) The City Council finds that requiring that adult booths be
configured in such a manner so that there is an unobstructed view from the manager's
station and prohibiting closed; concealed, or unobstructed booths that are occupied by no
more than one person at a time reduces the secondary effects associated with closed
booths. Specifically, the provisions pertaining to booths are necessary to eliminate the
masturbation and sexual activity that are known to occur in closed booths and which
present significant health and safety concerns with respect to communicable diseases,
including AIDS. ' The City Council takes further note of the Ninth Circuit's decision in ,
Ellwest Stereo Theatres, Inc. v. Weiner, 681 F.2d 1243 (9th Cir..1982) and its finding that
there is no constitutional right to unobserved masturbation in a public place.
K. The City Council also finds the establishment of an adult business
regulatory permitting process, operational standards for adult businesses and performer
licensing provisions are legitimate and reasonable means of ensuring that:
Operators of and performers at adult businesses comply with the
City's regulations;
2. The recognized adverse secondary impacts of a proposed adult
business are mitigated;
3. Adult business operators have specific guidelines with respect to the
manner in which they can operate an adult business;
4. The applications for adult business regulatory permits and performer
licenses are handled fairly and expeditiously; and
5. The correct identification of performers working in adult businesses
occurs so that the City is able to effectively deploy resources and detect and discourage
prostitution and criminal activity from occurring in and around adult businesses.
L. The City finds that law enforcement agencies maintain separate databases
for drug- related convictions, prostitution convictions and sex crime offender registration,
and that knowledge of an applicant's true identity is necessary to conduct background
checks in such databases. The City's Police Department has determined, based upon the
experience of its police officers and past experience of the City Police Department, along
with other law enforcement agencies, that fingerprinting is the only reliable method for
determining a person's true identity for the purposes of background checks.
M. The City Council recognizes the possible harmful effects on children and
minors exposed to the effects of adult businesses and recognizes the need to enact
regulations which will minimize and/or eliminate such exposure. The City Council takes
legislative notice of the Penal Code provisions authorizing local governments to regulate
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matter that is harmful to minors (i.e., Penal Code §'313 et seq.). The City Council further
takes legislative notice of the cases that recognize that protection of minors from sexually
explicit materials is a compelling government interest, including Crawford v. Lungren, 96
F.3d 380 (9th Cir. 1996), cert. denied 520 U.S. 1117 (1997) and Berry V. City of Santa
Barbara, 40 Cal.App.4th 1075 (1995).
N. While the City Council desires to protect the rights conferred by the United
States Constitution to adult businesses, it does so in a manner that ensures the continued
and orderly use and development of property within the City and diminishes, to the
greatest extent feasible, those undesirable adverse secondary effects which the above
mentioned studies have shown to be associated with the operation of adult businesses.
O. Operating standards are a legitimate and reasonable means of ensuring that
adult businesses are conducted in a manner so as to minimize their adverse secondary
effects and to help assure that such operators and businesses comply with reasonable
regulations related to such requirements to minimize and control problems associated
with such businesses and thereby protect the health, safety, and welfare of Arcadia
residents, protect citizens from increased crime, preserve the quality of life, preserve
property values' and the character of surrounding neighborhoods and businesses, and deter
the spread of urban blight. The operational requirements contained in this Ordinance do
not unreasonably restrict the establishment or operation of constitutionally protected adult
businesses in the City of Arcadia.
P. The City Council, in adopting operational standards; recognizes that these
standards do not preclude reasonable alternative avenues of communication. For
example, the closing hours requirement means that adult businesses are free to operate
seven (7) days a week for sixteen (16) hours per day. The City Council takes note of the
proliferation of adult material on the Intemet, satellite television, direct television, CDs,
DVDs, and that these various media provide alternative avenues of communication. The
City Council also considers and relies on published decisions examining the proliferation
of communications on the Internet. (Reno v. American Civil Liberties Union, 521 U.S.
844, 117 S.Ct. 2329,138 L.Ed.2d 874 (1997) [the principle channel through which many
Americans now transmit and receive sexually explicit communication is the Internet];
Anheuser -Busch v. Schmoke, 101 F.3d 325, 329 (4th Cir..1996), cert. denied 520 U.S.
1204 (1997) [the Fourth Circuit rejected a First Amendment challenge to a Baltimore
ordinance restricting alcohol advertisements on billboards acknowledging that the
Intemet is one available channel of communication]; U.S. v. Hockings, 129 F.3d 1069 .
(9th Cir. 1997); see also U.S. v. Thomas, 74 F.3d 701 (6th Cir. 1996), cert. denied 519
U.S. 820 [recognizing the Internet as a medium for transmission of sexually explicit
material in the context of obscenity prosecutions].) The emergence of the Intemet brings
with it a virtually unlimited additional source of adult oriented sexual materials available
to interested persons in every community with a mere keystroke. An adult business no
longer has to be "actually'' physically located in a City to be available in the con-ununity.
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Q. The City Council has also determined that a closing hours requirement
promotes the reduction of deleterious secondary effects from adult facilities and
reasonably relies on prior court decisions on the need for closing hours including Mitchell
v. Comm. on Adult Entertainment, 10 F.3d 123 (3rd Cir. 1993); Lady J. Lingerie, Inc. v.
City of Jacksonville, 973 F.Supp. 1428 (M.D. Fla. 1997); Lady J. Lingerie, Inc. v. City of
Jacksonville, 176 F.3d 1358 (11th Cir. 1999); and City of Colorado Springs v. 2354 Inc.,
896 P.2d 272 (1995).
R. Zoning, licensing or regulatory permits, and operating standards are a
legitimate and reasonable means of ensuring that adult businesses are located in places
and conducted in a manner so as to minimize their adverse secondary effects and to help
assure that such operators, businesses, licensees and permittees comply with reasonable
regulations related to such requirements to minimize and control problems associated
with such businesses and thereby protect the health, safety, and welfare of Arcadia
residents, protect citizens from increased crime, preserve the quality of life, preserve
property values and the character of surrounding neighborhoods and businesses, and deter
the spread of urban blight.
S. The performance and operational requirements contained in this Ordinance
do not unreasonably restrict the establishment or operation of constitutionally protected
adult businesses in Arcadia, and a sufficient and reasonable number of alterative
locations for adult businesses are provided by the City of Arcadia. The City Council
takes legislative notice of the United States Supreme Court decision in Renton that
requires the City provide adult businesses a reasonable opportunity to open and operate.
The City Council also takes legislative notice of the Ninth Circuit's decision in Topanga
Press, Lim v. City of Long Beach and Isbell v. City of San Diego with respect to
availability of sites for adult businesses and finds that there are sufficient sites available
for adult businesses within the City.
T. It is not the intent of the City Council of the City of Arcadia in enacting this
Ordinance or any provision thereof to condone or legitimize the distribution of obscene
material, and the City and its Council recognize that State law prohibits the distribution
of obscene materials and expect and encourage law enforcement officials to enforce State
obscenity statutes against such illegal activities in Arcadia.
U. The City Council does not intend to regulate in any area preempted by
California law, including but not limited to, regulation of obscene speech, nor is it the
intent of the City Council to preempt regulations of the State Department of Alcoholic
Beverage Control ( "ABC ").
V. Nothing in this Ordinance is intended to authorize, legalize, or permit the
establishment, operation, or maintenance of any business, .building, or use which violates
any City ordinance or any statute of the State of California regarding public nuisances,
0
unlawful or indecent exposure, sexual conduct, lewdness, obscene or harmful matter, or
the exhibition or public display thereof.
W. The City Council finds that permitting and operational standards are a
legitimate and reasonable means of accountability to ensure that operators of adult
businesses comply with reasonable regulations and to ensure that operators do not
knowingly allow their establishments to be used as places of illegal sexual activity or
solicitation.
X The permitting and operation provisions of Article K Chapter 2, Part 7,
Division 9, and Article VI, Chapter 7, are necessary in order to protect the public health,
safety and welfare by providing a mechanism to address the adverse secondary effects
associated with the establishment and operation of unregulated or under - regulated adult
use businesses.
SECTION 2. AMENDMENT OF CODE. Article IX, Chapter 2, Part 7, Division
9, entitled "Adult Businesses" of the Arcadia Municipal Code is hereby amended as
follows:
A. Section 9279.1 of the Arcadia Municipal Code containing "Definitions" is
hereby repealed in its entirety and the following is hereby adopted:
Section 9279.1 DEFINITIONS.
In addition to any other definitions contained in the Municipal Code, the following
words and phrases shall, for the purpose of this Division and Article VI, Chapter 7, be
defined as follows, unless it is clearly apparent from the context that another meaning is
intended. Should any of the definitions be in conflict with any current provisions of the
Municipal Code, these definitions shall prevail.
A. "Adult Arcade" shall mean a business establishment to which the public is
permitted or invited and where coin, card or slug operated or electronically, electrically
or mechanically controlled devices, still or motion picture machines, projectors, videos,
holograms, virtual reality devices or other image - producing devices are maintained to
show images on a regular or substantial basis, where the images so displayed are
distinguished or characterized by an emphasis on matter depicting or describing
"specified sexual activities" or "specified anatomical areas." Such devices shall be
referred to as "adult arcade devices."
B. "Adult Booth/Individual Viewing Area" shall mean a partitioned or
partially enclosed portion of an adult business used for any of the following purposes:
MC
I . Where a live or taped performance is presented or viewed, where the
performances and/or images displayed or presented are distinguished or characterized by
their emphasis on matter depicting, describing, or relating to "specified sexual activities"
or "specified anatomical areas "; or
2. Where "adult arcade" devices are located.
C. `Adult Business" shall mean:
1. A business establishment or concern that as a regular and substantial
course of conduct operates as an adult retail store, adult motion picture theater, adult
arcade, adult cabaret, adult motel or hotel, adult modeling studio (as these phrases are
defined in this section); or
2. A business establishment or concern which as a regular and
substantial course of conduct offers, sells or distributes "adult oriented material' or
"sexually oriented merchandise," or which offers to its patrons materials, products,
merchandise, services or entertainment characterized by an emphasis on matters
depicting, describing, or relating to "specified sexual activities" or "specified anatomical
areas" but not including those uses or activities (as these phrases are defined in this
section) which are preempted by State law. 1 .
D. "Adult Cabaret" shall mean a business establishment (whether or not
serving alcoholic beverages) that features "adult live entertainment."
E. "Adult Hotel /Motel " shall mean a "hotel' or "motel' (as defined in the
Municipal Code) that is used for presenting on a regular and substantial basis images
through closed circuit television, cable television, still or motion picture machines,
projectors, videos, holograms, virtual reality devices or other image- producing devices
that are distinguished or characterized by the emphasis on matter depicting or describing
or relating to "specified sexual activities" or "specified anatomical areas" (as these
phrases are defined in this section)..
F. "Adult Live Entertainment" shall mean any physical human body activity,
whether performed or engaged in, alone or with other persons, including but not limited
to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or
pantomiming, in which: (1) the performer (including but not limited to a topless and/or
bottomless dancers, go -go dancers, exotic dancers, strippers, or similar performers)
exposes to public view, without opaque covering, "specified anatomical areas'; and/or
(2) the performance or physical human body activity depicts, describes, or relates to
"specified sexual activities" whether or not the specified anatomical areas are covered.
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G. `Adult Modeling Studio " shall mean a business establishment which
provides for any form of consideration, the services of a live human model, who, for the
purposes of sexual stimulation of patrons, displays "specified anatomical areas" to be
observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by
persons paying for such consideration. "Adult modeling studio' does not include schools
maintained pursuant to standards set by the Board of Education of the State of California.
H. "Adult Motion Picture Theater" shall mean a business establishment, with
or without a stage or proscenium, where, on a regular and substantial basis and for any
form of consideration, material is presented through films; motion pictures, video
cassettes, slides, laser disks, digital video disks, holograms, virtual reality devices, or
similar electronically - generated reproductions that is characterized by the depiction or
description of "specified sexual activities" or "specified anatomical areas."
I. "Adult Oriented Material" shall mean accessories, paraphernalia, books,
magazines, laser diss, compact discs, digital video disks, photographs, prints, drawings,
paintings, motion pictures, pamphlets, videos, slides, tapes, holograms or electronically
generated images or devices including computer software, or any combination thereof
that is distinguished or characterized by its emphasis on matter depicting, describing or
relating to "specified sexual activities" or "specified anatomical areas." "Adult oriented
material' shall include "sexually oriented merchandise."
J. "Adult Retail Store" shall mean a business establishment having as a
regular and substantial portion of its stock in trade, "adult oriented material' and/or
"sexually oriented merchandise."
K. "Day Care Facility" or "Day Care Center" means any child day care
facility as defined in Section 1596.750 of the California Health and Safety Code other
than family day care homes.
L. "Establishment of An Adult Business" shall mean any of the following:
1. The opening or commencement of any "adult business" (as defined
earlier) as a new business;
2. The conversion of an existing business, whether or not an "adult
business," to any "adult business";
3. The addition of any "adult business" to any other existing "adult
business";
4. : The relocation of any "adult business"; or
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5. Physical changes that expand the square footage of an existing
"adult business" by more than ten percent (10 %).
M. "Owner /Permit Holder" shall mean any of the following: (1) the sole
proprietor of an adult business; (2) any general partner of a partnership that owns and
operates an adult business; (3) the owner of a controlling interest in a corporation or
Limited Liability Company that owns and operates an adult business; or (4) the person
designated by the officers of a corporation or the members of an Limited Liability
Company to be the permit holder for an adult business owned and operated by the
corporation.
N. "Park" shall mean any park, playground; swimming pool, golf course or
athletic. field within the City which is under the City's control, operation and
management, and the Arcadia County Park.
0. "Performer" shall mean any person who is an employee or independent
contractor of an adult business, and who, with or without any compensation. or other form
of consideration, performs adult live entertainment for patrons of an adult business.
Performer does not include a patron.
P. "Religious Institution shall mean structure or facility that is used primarily
for religious worship and related religious activities such as a church, temple or .
synagogue.
Q. `Residential Zone " shall mean any property within the City which carries a
zoning designation of: R -M Residential Mountainous Zone Single Family Zone; R -0
Residential First One - Family; R -1 Residential Second One - Family; R -2 Medium Density
Multiple - Family Residential Zone; and R -3 Multiple Family Residential Zone.
R. "School" shall mean any institution of leaming for minors, whether public
or private, offering instruction in those courses of study required by the California
Education Code and/or is maintained pursuant to standards set by the Board of Education
of the State of California and has an approved use permit, if required under the applicable
jurisdiction. This definition includes a nursery school, kindergarten, elementary school,
middle or junior high school, senior high school, or any special institution of education
under the jurisdiction of the California Department of Education, but it does not include a
vocational or professional institution of higher education, including a community or
junior college, college, or university. It does not include private instructional and/or
tutoring facilities.
S. "Sexually Oriented Merchandise" shall mean sexually oriented
implements, paraphernalia, or novelty items, such as, but not limited to: dildos, auto
sucks, sexually oriented vibrators, benwa balls, inflatable orifices, anatomical balloons
13
with orifices, simulated and battery operated vaginas, and similar sexually oriented
devices which are designed or marketed primarily for the stimulation of human genital
organs or sado- masochistic activity or distinguished or characterized by their emphasis
on -matter depicting, describing or relating to "specified sexual activities" or "specified
anatomical areas."
T. "Specified Anatomical Areas" shall mean and include any of the following:
1. Less than completely and opaquely covered, and/or simulated to be
reasonably anatomically correct, even if completely and opaquely covered human:
a. genitals, pubic region;
b. buttocks, anus; or
C. female breasts below a point immediately above the top of the
areola; or
2. Human male genitals in a discernibly turgid state, even if completely
or opaquely covered.
U. "Specified Sexual Activities" shall mean and include any of the following,
irrespective of whether performed directly or indirectly through clothing or other
covering:
Human genitals in a state of sexual stimulation or arousal; and/or
2. Acts of human masturbation, sexual stimulation or arousal; and/or
3. Simulated sexual intercourse; and/or
4. Use of human or animal ejaculation, sodomy, oral copulation, coitus
or masturbation; and/or
5. Masochism, erotic or sexually oriented torture, beating, or the
infliction of pain, or bondage and/or restraints; and/or
6. Human excretion, urination, menstruation, vaginal or.anal irrigation;
and/or
7. Fondling or other erotic touching of human genitals, pubic region,
buttock, or female breast.
14
B. Section 9279.3 of the Arcadia Municipal Code entitled "Adult Business
Regulatory Permit Required" is hereby amended as follows:
1. Section 9279.3.A is hereby repealed and a new Section 9279.3.A is adopted
to read as follows:
9279.3.A. It shall be unlawful for any person to establish, operate,
engage in, conduct, or carry on any adult business within the City of Arcadia unless the
person first obtains, and continues to maintain in full force and effect, an adult business
regulatory permit as herein required. Any occurrence of the "establishment of an adult
business" as defined in Section 9279. LL shall require a new application for an adult
business use permit. The adult business use permit shall be subject to the development
and operational standards contained in Section 9279.5.
2. Section 9279.3.B.10 is hereby added to the Arcadia Municipal Code to read
as follows:
9279.3.B.10. Permit applications shall include a signed and verified
statement that:
(a) The permit applicant, if an individual, or each shareholder, partner, officer,
and director, or other party possessing a ten (10) percent or greater interest, if a
partnership or corporation, has not pled guilty or nolo contendere or been convicted of an
offense classified by this or any other state as a sex or sex - related offense; or
(b) If there has been a conviction or a plea, then:
(1) More than two years have elapsed between the date of conviction or plea,
or the date of release from confinement for a conviction or plea, whichever is the later
date, and the date of application if the conviction or plea is a misdemeanor; or
(2) More than five years have elapsed between the date of conviction or plea,
or the date of release from confinement for a conviction or plea, whichever is the later
date, and the date of application if the conviction or plea is a felony; or
(3) More than five years have elapsed between the date of the last conviction
or plea, or the date of release from confinement for the last conviction or plea, whichever
is the later date, and the date of application if the convictions or pleas are two or more
misdemeanors or a combination of misdemeanor offenses occurring within any 24 -month
period.
C. Section 9279.4 of the Arcadia Municipal Code entitled "Investigation and Action
on Application for Adult Business Regulatory Permit" is hereby repealed in its entirety
and the following is hereby adopted:
is
Section 9279.4 INVESTIGATION AND ACTION ON APPLICATION FOR
ADULT BUSINESS REGULATORY PERMIT.
A. The completeness of an application for an adult business regulatory permit
shall be determined by the Director of Development Services or his designee (hereinafter
"Director ") within five (5) working days of its submittal. If the Director determines that
the permit application is incomplete, the Director shall immediately notify in writing the
permit applicant of such fact and the reasons therefor, including any additional
information necessary to render the application complete. Such writing shall be
deposited in the U.S. mail, postage prepaid, immediately upon determination that the
application is incomplete. Within five (5) working days following the of an
amended application or supplemental information, the Director shall again determine
whether the application is complete in accordance with the provisions set forth above.
Evaluation and notification shall occur as provided herein until such time as the
application is found to be complete.
B. Upon receipt of a completed application and payment of the application and
permit fees, the Director shall immediately write or stamp the application "Received"
and, in conjunction with City staff and the Chief of Police, shall promptly investigate the
information contained in the application to determine whether an adult business
regulatory permit shall be granted.
C. Within ten (10) working days of receipt of the completed application, the
Director shall issue or deny the license, unless extended for five (5) additional working
days upon a showing of good cause.
D. In reaching a decision, the Director shall not be bound by the formal rules
of evidence in the California Evidence Code.
E. The failure of the Director to render any decision within the time frames
established in any part of this Section shall be deemed to constitute an approval, subject
to appeal to the Business License Review Board, pursuant to Section 9279.7. The
Director's decision shall be hand delivered or mailed to the applicant at the address
provided in the application, and shall be provided in accordance with the requirements of
this Code.
F. Notwithstanding any provisions in this Section regarding the occurrence of
any action within a specified period of time, the applicant may request additional time
beyond that provided for in this Section or may request a continuance regarding any
decision or consideration by the City of the pending application. Extensions of time
sought by applicants shall not be considered delay on the part of the City or constitute
failure by the City to provide for prompt decisions on applications.
16
G. The Director shall grant or deny the application in accordance with the
provisions of this Section, and so notify the applicant as follows:
1. The Director shall write or stamp "Granted" or "Denied" on the
application and date and sign such notation.
2. If the application is denied, the Director shall attach to the
application a statement of the reasons for the denial.
3. If the application is granted, the Director shall attach to the
application an adult business license.
H. The Director shall grant the application and issue the adult business
regulatory permit upon findings that the proposed business meets, or will meet, all of the
development and operational standards and requirements of this Division, unless the
application is denied based upon one or more of the criteria set forth below.
I. If the Director grants the application, the applicant may begin operating the
adult business for which the permit was sought, subject to strict compliance with the
development and operational standards and requirements of this Division. The permit
holder shall post the permit conspicuously in the premises of the adult business.
The Director shall deny the application for any of the following reasons:
1. The adult business does not comply with the zoning and location
standards found in Section 9279.2.
2. The adult business does not comply with the development,
operational or performance standards found in this Division.
3. The permit applicant, his or her employee, agent, partner, director,
officer, shareholder with a 10 percent or greater interest, or manager has made any false,
misleading, or fraudulent statement of material fact in the application for an adult
business regulatory permit or in any report, record, or document required to be filed with
the application, the Police Department, Sheriff, other law enforcement agency or other
department of the City.
4. The permit applicant is under eighteen (18) years of age.
5. The required application fees have not been paid.
17
6. The permit applicant, if an individual, or any shareholder, partner,
officer, director or other party possessing a ten (10) percent or greater interest, if a
partnership or corporation, has:
(a) Pled guilty or nolo contendere or been convicted of an
offense classified by this or any other state as a sex or sex - related offense; and
(b)(1) Less than two years have elapsed between the date of
conviction or plea, or the date of release from - confinement for a conviction or plea,
whichever is the later date, and the date of application if the conviction or plea is a
misdemeanor; or
(2) Less than five years have elapsed between the date of
conviction or plea; or the date of release from confinement for a conviction or plea,
whichever is the later date, and the date of application if the conviction or plea is a
felony; or
(3) Less than five years have elapsed between the date of the last
conviction or plea, or the date of release from confinement for the last conviction or plea,
whichever is the later date, and the date of application if the convictions or pleas are two
or more misdemeanors or a combination of misdemeanor offenses occurring within any
24 -month period.
K. An applicant cannot re -apply for an adult business regulatory permit for a
location for which the applicant previously submitted an application within one (1) year
from the date of prior denial, if the denial is based on Subsection (1)(6). Denial for any
other reason shall be without prejudice to re- application at any time.
L. Any affected person may appeal the decision of the Director in writing in
accordance with the provisions of Section 9279.7.
D. Section 9279.5 of the Arcadia Municipal Code entitled "Development and
Operating Standards" is hereby amended as follows:
1. Section 9279.5.A is hereby repealed and a new Section 9279.5.A is. adopted
to read as follows:
9279.5.A. Hours of Operation. It shall be unlawful for any owner, operator,
manager or employee of an adult business to allow such adult business to remain open for
business, or to permit any employee or performer to engage in a performance, solicit a
performance, make a sale, solicit a sale, provide a service, or solicit a service, between
the hours of 2:00 a.m. and 10:00 a.m of any day excepting herefrom an "adult
hotel/motel."
K
2. The following sentence shall be added to the end of Section 9279.5.13:
Inoperable and/or broken lights shall be replaced within 24 hours.
The following sentence shall be added to the end of Section 9279.5.C:
Inoperable and/or broken lights shall be replaced within 24 hours.
4. Section 9279.5.D.1 is hereby repealed and a new Section 9279.5.D.1 is
adopted to read as follows:
9279.5.D.1. To the extent that it is inconformity with the Penal Code, X-
rated movies, videotapes, digital video disks (DVDs), compact disks (CDs) and laser
disks shall be restricted to persons at least eighteen (18) years of age. If an establishment
that is not otherwise prohibited from providing access to persons under eighteen (18)
years of age sells, rents, or displays movies, videos, DVDs, or laser disks that have been
rated "X" or rated "NC -17" by the Motion Picture Association of America ( "MPAA "), or
which have not been submitted to the MPAA for a rating, and which consist of images
which are distinguished or characterized by an emphasis on depicting or describing
specified sexual activities or specified anatomical areas, said movies, videos, DVDs,
CDs, and laser disks shall be located in a specific section of the establishment where
persons under the age of eighteen (18) shall be prohibited.
5. Section 9279.5.E is hereby repealed and a new Section 9279.5.E is adopted
to read as follows:
9279.5.E. Regulation of Adult Booth/Individual Viewing Area.
1. No adult booth/individual viewing area shall be occupied by more
than one individual at a time.
2. Each adult booth/individual viewing area within the adult business
shall be visible from a continuous and accessible main aisle in a public portion of the
establishment, and shall not be obscured by any door, curtain, wall, two -way mirror or
other device which would prohibit a person from seeing the entire interior of the adult
booth/individual viewing area from the main aisle. A manager shall be stationed in the
main aisle at all times. Further, no one shall maintain any adult booth/individual viewing
area in any configuration unless the entire interior wherein the picture or entertainment is
viewed is visible from one main aisle. The entire body of any patron in any adult
booth/individual viewing area must be visible from the main aisle without the assistance
of mirrors or other device.
19
3. No doors are permitted on an adult booth/individual viewing area.
No partially or fully enclosed adult booth/individual viewing areas or partially or fully
concealed adult booth/individual viewing areas shall be permitted.
4. No holes or other openings (commonly known as "glory holes ")
shall be permitted between adult booths /individual viewing areas. Any such hole or
opening shall be repaired within 24 hours using "pop" rivets to secure metal plates over
the hole . or opening to prevent patrons from removing the metal plates.
5. No beds shall be permitted in an adult booth/individual viewing area.
6. Section 9279.5.F is hereby repealed and a new Section 9279.51 is adopted
to read as follows:
9279.5.F. Interior of Premises.
No exterior door or window on the premises of an adult business shall be
propped or kept open at anytime while the business is open and any exterior windows
shall be covered with opaque coverings at all times.
7. Section 9279.53 is hereby repealed and a new Section 9279.5.H is adopted
to read as follows:
9279.5.H. Sign Requirements.
All adult businesses shall comply with the following sign requirements, in
addition to those otherwise set forth in the Arcadia Municipal Code: Should a conflict
exist between the other requirements of the Arcadia Municipal Code and this subsection;
the more restrictive shall prevail.
1. If an adult business does not serve alcohol, it shall post a notice
inside the establishment, within ten (10) feet of every entrance used by customers for
access to the establishment, stating that persons below the age of eighteen (18) years of
age are prohibited from entering onto the premises or within the confines of the adult
business. This notice shall be posted on a wall in a place of prominence. The dimensions
of the notice shall be no less than six (6) inches by six (6) inches, with a minimum
typeface of 25 points on contrasting background. If the adult business serves alcohol, it
shall comply with all notice and posting requirements of the Alcoholic Beverage Control
Department.
2. No material relative to adult businesses on the premises shall be
displayed in window areas or any area where they can be viewed from the sidewalk in
front of the building.
UK,
8. Section 9279.5.I is hereby amended as follows:
A. The title "Live Entertainment = Operating Requirements." is hereby
deleted and replaced with "Adult Live Entertainment — Additional Operating
Requirements."
B. Section 9279.512 is hereby repealed and a new Section 9279.512 is
hereby adopted to read as follows:
9279.512 No performer then performing adult live entertainment
characterized by the exposure of specified anatomical areas or specified sexual activities
shall perform such adult live entertainment for patrons of.an adult business except upon a
permanently fixed stage at least eighteen (18) inches above the level of the floor.
C. Section 9279.5.I.3 is hereby repealed and a new Section 9279.513 is
hereby adopted to read as follows:
9279.5.I.3 No performer then performing adult live entertainment
characterized by the exposure of specified anatomical areas or specified sexual activities
shall perform such adult live entertainment for patrons of an adult business within six (6)
feet of a patron while the performer is so performing. The stage upon which that
performer is then performing shall be marked by a railing or other physical barrier
designed to obstruct any contact between the performer and the patron.
D. Section 9279.5.I.4 is hereby repealed and a new Section 9279.5.I.4 is
hereby adopted to read as follows:
9279.5.I.4 No performer then performing adult live entertainment
characterized by the exposure of specified anatomical areas or specified sexual activities
shall have physical contact with any patron, and no patron shall have physical contact
with any performer, while the performer is performing on the premises. In addition,
while on the premises, no performer shall have physical contact with a patron and no
patron shall have physical contact with a performer, which physical contact involves the
touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks,
perineum, anal region, or female breast with any part or area of any other person's body
either before or after any adult live entertainment by such performer. This prohibition
does not extend to incidental touching. Patrons shall be advised of the separation and no
touching requirements by signs conspicuously placed . on the barrier between patrons and
performers. If necessary, patrons shall also be advised of the separation and no touching
requirements by employees or independent contractors of the adult business.
21
E. Section 9279.5.I.6 is hereby repealed and a new Section 9279.5.I.6 is
hereby adopted to read as follows:
. 9279.5.I.6 No performer then performing adult live entertainment
characterized by the exposure of specified anatomical areas or specified sexual activities
shall accept directly from a patron, and no patron shall directly hand to such performer
any tip or gratuity, throw tips to performers, or place tips in the performers' costumes.
Patrons shall be advised of these tipping and gratuity requirements by signs
conspicuously placed on the premises. If necessary, patrons shall also be advised of the
ripping and gratuity requirements by employees or independent contractors of the adult
business.
F. Section 9279.5.I.7 is hereby repealed and a new Section 9279.5.1.7 is
hereby adopted to read as follows:
9279.5.I.7 The adult business shall provide dressing rooms for
performers that are separated by gender and exclusively dedicated to the performers' use,.
and which the performers shall use. Same gender performers may share a dressing room.
Patrons shall not be permitted in dressing rooms.
9. Section 9279.5.K is hereby added to read as follows:
9279.5.K. Regulation of Public Restroom Facilities.
If the adult business is required to provide restrooms for patron use, it shall
provide separate restroom facilities for male and female patrons. The restrooms shall be
free from adult oriented material. Only one (1) person shall be allowed in each restroom
at any time, unless otherwise required by law, in which case the adult business shall
employ a restroom attendant of the same sex as the restroom users who shall be present in
the public portion of the restroom during operating hours. The attendant shall ensure that
no person of the opposite sex is permitted into the restroom, and that not more than one
(1) person is permitted to enter a restroom stall, unless otherwise required bylaw, and
that the restroom facilities are used only for their intended sanitary purposes. Access to
restrooms for patron use shall not require passage through an area used as a dressing area
by performers.
10. Section 9279.5.E is hereby added to read as follows:
9279.51. Trash.
All interior trash cans shall be emptied into a single locked trash bin lined
with a plastic bag at least once a day.
22
E. Section 9279.6 of the Arcadia Municipal Code entitled "Transfer of Adult
Businesses or Adult Business Regulatory Permits" is hereby amended as follows:
1. 'Section 9279.6.B is hereby repealed and a new Section 9279.6.B is adopted
to read as follows:
9279.6.B. In the event of a transfer of ownership of the adult business or
the adult business regulatory permit, the new owner shall be fully informed by the
transferor of the requirements of this Division, including the operational and development
standards of Section 9279.5 and the provisions relating to adult business performer
licenses including disqualification from certain criminal convictions per Sections
9279.4(J)(6) and 6703(C)(3).
2. Section 9279.6.D is hereby repealed and a new Section 9279.6.D, is adopted
to read as follows:
9279.6.D. -No permit shall be transferred to a transferee with criminal
convictions as set forth in Section 9279.4(1)(6). Such transfers are deemed to be null and
void.
F. Section 9279.7 of the Arcadia Municipal Code entitled "Suspension or Revocation
of Adult Business Regulatory Permits /Appeal Procedure" is hereby amended as follows:
1. The title of this Section is hereby amended to read as follows: "Denial,
Suspension or Revocation of Adult Business Regulatory Permits /Appeal Procedure."
2. Section 9279.7.A is hereby repealed and a new Section 9279.7.A is adopted
to read as follows:
9279.7.A On determining that the grounds for permit denial,
suspension, or revocation exist, the Director shall furnish written notice of the proposed
denial, suspension, or revocation to the permit applicant or permit holder. Such notice
shall set forth the time and place of a public hearing before the Business License Review
Board (hereinafter referred to as the "Board ") and the ground or grounds upon which the
hearing is based, the pertinent Arcadia Municipal Code Sections, and a brief statement of
the factual matters in support thereof. The notice shall be mailed, postage prepaid,
addressed to the last known address of the permit applicant or permit holder, or shall be
delivered to the permit applicant or permit holder personally, at least ten (10) working
days prior to the hearing date. The hearing shall be consistent with the following
requirements:
3. Section 9279.7.A.3 is hereby repealed and a new Section 9279.7.A.3 is
adopted to read as follows:
23
9279.7.A.3 Any hearing under this Section may be continued for a
reasonable time for the convenience of a party or witness at the request of the permit
applicant or permit holder. Extensions of time or continuances sought by a permit
applicant or permit holder shall not be considered delay on the part of the City or
constitute failure by the City to provide for prompt decisions on permit denials,
suspensions, or revocations. .
4. Section 9279.7.A.4 is hereby repealed and a new Section 9279.7.A.4 is
adopted to read as follows:
9279.7.A.4. The Board may conduct the hearing itself or may delegate the
hearing to a retired judge who shall hear the case and make a proposed decision, to the
Board within five (5) working days of the conclusion of the - hearing. Upon receipt of the
designee's proposed decision, the Board shall convene within four (4) working days to
render its decision. If the Board finds and determines that there are grounds for denial,
suspension or revocation, the Board shall impose one of the following:
a. Denial of the permit or conditional granting of the permit;
b. Suspension of the permit for a specified period not to exceed
six (6) months; or
c. Revocation of the permit.
The Board shall render a written decision that shall be hand
delivered or overnight mailed to the permit holder within five (5) working days of the
Board convening to render its decision.
5. Section 9279.7.B.5 is hereby repealed and a new Section 9279.7.B.5 is
adopted to read as follows:
9279 ' 7.13.5. The permit holder has failed to submit and/or update the
information pertaining to performers in accordance with Section 9279.3(B)(8).
6. Section 9279.7.B.1 Le is hereby added to read as follows:
9279.7.B.1 l.e. Any conduct constituting a criminal offense which
requires registration under Section 290 of the California Penal Code.
7. Section 9279.7.B.1 I starting with the language "An act or omission in
violation the this Division ..." was mislabeled as a second "c" and is hereby changed to
Section 9279.7.B.1 l.f.
24
G. Section 9279.8 of the Arcadia Municipal Code entitled "Judicial Review" is
hereby repealed in its entirety and the following is hereby adopted:
Section 9279.8 JUDICIAL REVIEW
A. The time for a court challenge to a decision of the Board under Section
9279.7 is governed by California Code of Civil Procedure §. 1094.8.
B. Notice of the Board's decision and its findings under Section 9279.7 shall
include citation to California Code of Civil Procedure § 1094.8.
C. Any permit applicant or permit holder whose permit has been denied,
suspended, or revoked pursuant to Sections 9279.4 and/or 9279.7 shall be afforded
prompt judicial review of that decision as provided by California Code of Civil Procedure
§ 1094.8.
H. Section 9279.10 of the Arcadia Municipal Code entitled `Employment of and
Services Rendered to Persons Under the Age of Eighteen (18) Years Prohibited" is
hereby repealed in its entirety and the following is hereby adopted:
Section 9279.10 EMPLOYMENT OF AND SERVICES RENDERED TO
PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS PROHIBITED;
TWENTY -ONE (21) IF ALCOHOLIC BEVERAGES ARE SERVED.
A. Employees. Employees of an adult business must be at least eighteen (18)
years of age. It shall be unlawful for any owner, operator, manager, partner, director,
officer, employee, or other person in charge of any adult business to employ, contract
with, or otherwise retain any services in connection with the adult business with or from
any person who is not at least eighteen (18) years of age. If alcoholic beverages are
served at the adult business, employees of the adult business must be at least twenty-one
(2 1) years of age. If alcoholic beverages are served at the adult business, it shall be
unlawful for any owner, operator, manager, partner, director, officer, employee, or other
person in charge of any adult business to employ, contract with, or otherwise retain any
services in connection with the adult business with or from any person who is not twenty-
one (2 1) years of age; and said persons shall exercise reasonable care in ascertaining the
true age of persons seeking to contract with, be employed by, or otherwise service the
adult business.
The provisions of this subsection do not apply to service employees (e.g., janitors,
repair and maintenance workers, or similar service workers) whose work is not conducted
during the normal hours, of operation as set forth in Section 9279.5(A).
25
B. Patrons. Patrons of an adult business must be at least eighteen (18) years of
age. It shall be unlawful for any owner, operator, manager, partner, director, officer,
employee, or other person in charge of any adult business to permit to enter or remain
within the adult business any person who is not at least eighteen (18) years of age. If
alcoholic beverages are served at the adult business, patrons must be at least twenty-one
(21) years of age. If alcoholic beverages are served at the adult business, it shall be
unlawful for any owner, operator, manager, partner, director, officer, employee, or other
person in charge of any adult business to permit to enter or remain within the adult
business any person who is not at least twenty-one (21) years of age; and said persons
shall exercise reasonable care in ascertaining the true age of persons entering the adult
business.
C. X -rated Movies. The selling, renting and/or displaying of X -rated movies,
videotapes, digital video disks (DVDs), compact disks (CDs) and laser disks shall be
restricted to persons at least eighteen (18) years of age. If an establishment that is not
otherwise prohibited from providing access to the establishment to persons under
eighteen (18) years of age sells, rents, or displays movies, videos, DVDs, CDs, or laser
disks that have been rated "X" or rated "NC -17" by the Motion Picture Association of
America ( "MPAA "), or which have not been submitted to the MPAA for a rating, and
which consist of images that are distinguished or characterized by an emphasis on
depicting or describing specified sexual activities or specified anatomical areas, said
movies, videos, DVDs, CDs, and laser disks shall be located in a specific section of the
establishment from which persons under the age of eighteen (18) shall be prohibited.
I. Section 9279.14 of the Arcadia Municipal Code entitled "Violations — Penalties"
is hereby repealed in its entirety and the following is hereby adopted:
Section 9279.14 VIOLATIONS.
A. Any owner, permit holder, operator, manager, employee or independent
contractor of an adult business violating or permitting, counseling, or assisting the
violation of any of these provisions regulating adult businesses shall be subject to any and
all civil remedies,' including without limitation permit revocation. All remedies provided
herein shall be cumulative and not exclusive. Any violation of these provisions shall
constitute a separate violation for each and every day during which such violation is
committed or continued.
B. The restrictions imposed pursuant to this Division are part of a regulatory
licensing process, and do not constitute a criminal offense. Notwithstanding any other
provision of the Arcadia Municipal Code, the City does not impose a criminal penalty for
violations of the provisions of this Division related to sexual conduct or activities.
26
J. Section 9279.16 is hereby added to the Arcadia Municipal Code to read as
follows:
Section 9279.16 SEVERABILITY
If any section, subsection, paragraph, sentence, clause, or phrase of this Division
and the Ordinance to which it is a part, or any part thereof is held for any reason to be
unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the
remaining sections, subsections, paragraphs, sentences, clauses, and phrases shall not be
affected thereby. The City Council hereby declares that it would have adopted this
Division and the Ordinance to which it is a part regardless of the fact that one or more
sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be
unconstitutional, invalid, or ineffective.
SECTION 3. AMENDMENT OF CODE. Article VI, Chapter 7, of the Arcadia
Municipal Code entitled "Adult Business Performer License" is hereby amended as
follows:
A. Section 6701 of the Arcadia Municipal Code entitled "Adult Business Performer
License" is hereby amended as follows:
1. Section 6701.A.7 is hereby repealed and a new Section 6701.A,7 is adopted
to read as follows:
6701.A.7. Satisfactory written proof of verifiable identification
establishing that the permit applicant is at least eighteen (18) years of age or twenty -one
(2 1) years of age if the performance is to occur in a Department of Alcoholic Beverage
Control ( "ABC') regulated establishment.
2. Section 670 LA. I I is hereby added to read as follows:
6701.A.11. Address of principal place of residence.
Section 6701.G is hereby added to read as follows:
6701.G The information provided above in Subsections C 1, 5, 6 and
I 1 shall be redacted from any public disclosure under the California Public Records Act
to protect the physical security of the performers.
B. Section 6702 of the Arcadia Municipal Code entitled "Investigation and Action on
Application for Adult. Business Performer License" is hereby amended as follows:
27
Section 6702.13 is hereby repealed and a new Section 67023 is adopted to
read as follows:
6702.B. Investigation shall not be grounds for the City to unilaterally
delay in reviewing a completed application. The Officer's decision to grant or deny the
adult business performer license shall be made within ten (10) working days from the
date the temporary license was issued and in no case shall the decision to grant or deny
the license application be made after the expiration of the temporary license.
2. Section 6702.0 is hereby repealed and a new Section 6702.0 is adopted to
read as follows:
6702.C. The Officer shall render a written. decision to grant or deny
the license within the foregoing ten (10) day period. Said decision shall be mailed first
class potage pre -paid or hand - delivered to the applicant, within the foregoing ten (10) day
period, at the address provided by the applicant in the application.
For good cause as set forth in writing, the ten (l 0) day period shall be
extended up to an additional ten (10) days. This shall automatically extend the temporary
license. Failure of the Officer to render a decision on the permit within the time frames
established by the Section shall be deemed to constitute an approval, subject to appeal to
the Business License Review Board, pursuant to Section 6703.
3. Section 6702.D.2 is hereby repealed and a new Section6702.D.2 is adopted
to read as follows:
6702.D.2. If the application is denied, the Officer shall at to the
application a statement of the reasons for denial. Such notice shall also provide that the
permit applicant may appeal the denial to the Business License Review Board in
accordance with Section 6703.
4. Section 67021 is hereby repealed and anew_ Section 6702.F is adopted to
read as follows:
6702.F. On determining that the grounds for license denial exist in
accordance with Section 6703, the Officer shall furnish written notice of the denial to the
applicant. Such notice shall provide, in addition to the grounds for denial, that the license
applicant may appeal the denial to the Business License Review Board in accordance
with Section 6703, and that the temporary license shall be extended through the time the
appeal is' concluded.
5. Section 6702.G is hereby repealed and a new Section 6702.G is adopted to
read as follows:
M
6702.G. Each adult business performer license, other than the
temporary license described in Section 6701, shall expire one (1) year from the date of
issuance and may be renewed only by filing with the Officer a written request for
renewal, accompanied by the annual license fee and a copy of the license to be renewed.
If said application conforms to the previously approved application and there has been no
change with respect to the license holder being convicted of any crime classified by this
or any other state as a sex - related offense, the Officer shall renew the license for one (1)
year. Any plea to or conviction of a sex - related offense requires the renewal application
to be set for hearing before the Board in accordance with the provisions of this Section.
The denial of a renewal application is appealable pursuant to the provisions of Section
6703. The request for renewal shall be made at least thirty (30) days before the
expiration date of the license. Applications for renewal shall be acted upon as provided
herein for action upon applications for license.
C. Section 6703 of the Arcadia Municipal Code entitled "Denial, Suspension or
Revocation of Adult Business Performer License /Appeal. Hearing" is hereby amended as
follows:
1. Section 6703.D is hereby amended to add the following sentence as the last
sentence of Section 6703.D:
The Board's failure to render such a decision within this time frame shall
constitute an approval or reinstatement of the license.
D. Section 6704 of the Arcadia Municipal Code entitled "Judicial Review" is hereby
repealed in its entirety and the following is hereby adopted:
Section 6704 JUDICIAL REVIEW
A. The time for a court challenge to a decision of the Business License Review
Board under Sections 6702 and/or 6703 is governed by California Code of Civil
Procedure § 1094.8.
B. Notice of the Business License Review Board's decision and its findings
under Sections 6702 and/or 6703 shall include citation to California Code of Civil
Procedure § 1094.8.
C. Any applicant or license holder whose license has been denied, suspended,
or revoked, pursuant to Sections 6702 and/or 6703 shall be afforded prompt judicial
review of that decision as provided by California Code of.Civil Procedure § 1094.8.
29
E. Section 6708 of the Arcadia Municipal Code entitled "Violations — Penalties" is
hereby repealed in its entirety and the following is hereby adopted:
Section 6708 VIOLATIONS
A. Any person violating or causing the violation of any of these provisions
regulating adult business performer licenses shall be subject to license revocation
pursuant to Section 6703 above and any all other civil remedies. It shall be a
violation of this Chapter and Article IX, Chapter 2, Part 7, Division 9, for any principal,
including but not limited to any adult business operator or permittee, to permit, procure,
counsel or assist any agent of that principal, including but not limited to -an employee or
independent contractor, to violate any provision of this Chapter. All remedies provided
herein shall be cumulative and not exclusive. Any violation.of these provisions shall
constitute a separate violation for each and every day during which such violation is
committed or continued.
B. ' The operating standards for performers of adult live entertainment are part
of a regulatory licensing process, and the City does not impose a criminal penalty for
violations of the provisions of this Chapter relating to sexual.conduct or activities.
C. In addition to the remedies set forth in Section 6708(A), any violation of
any of these provisions regulating adult business performer licenses is hereby declared to
constitute a public nuisance and may be abated or enjoined.
F. Section 6710 is hereby added to the Arcadia Municipal Code to read as follows:
Section 6710 SEVERABILITY
If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter
and the Ordinance to which it is a part, or any part thereof is held for any reason to be
unconstitutional, invalid, or ineffective by any court of competent jurisdiction, the
remaining sections, "subsections, paragraphs, sentences, clauses, and phrases shall not be
affected thereby. The City Council hereby declares that it would have adopted this
Chapter and the Ordinance to which it is a part regardless of the fact that one or more
sections, subsections, paragraphs, sentences, clauses, or phrases may be determined to be
unconstitutional, invalid, or ineffective.
SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITYACT ( "CEQA')
FINDING.
The City Council hereby finds that this Ordinance is exempt from further,
environmental review under the California Environmental Quality Act (Pub. Resources
Code, §§ 21000 et seq. ( " CEQA "))because: (1) under Section 15061(b)(3) of the State
30
CEQA Guidelines and Section 3.07 of the City's Local CEQA Guidelines, it can be seen
with certainty that there is no possibility that the minor technical changes to the City's
existing adult business Ordinance being made through the adoption of this Ordinance
may have a significant effect on the environment, and (2) under Section 15301 of the
State CEQA Guidelines and Santa Monica Chamber of Commerce v. City of Santa
Monica (2002) 101 Cal.App.4th 786, this Ordinance consists of the operation, permitting,
licensing, or minor alteration of existing public or private structures or facilities involving
negligible or no expansion of use beyond that existing at the time of adoption of this
Ordinance. Staff is directed to file a Notice of Exemption with the Los Angeles County
Clerk's Office within five (5) working days of the second reading of this Ordinance.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall be effective thirty-one (3 1) days from and after the date of
the final passage and adoption hereof. The City Clerk shall certify to the passage and
adoption of this Ordinance and cause the same to be published in the manner prescribed
by law.
Passed, approved and adopted this 6th day o f May 2003.
/s/ SHENG CHANG
Mayor of the City of Arcadia
ATTEST:
1
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
31
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2178 was passed and adoptedbythe City Council of the City
of Arcadia, signed by the Mayor and attested to bythe City Clerk at a regular meeting
of said Council held on the 6th day of May, 2003 and that said Ordinance was adopted
by the following vote, to wit:
AYES: Councilmembers Kovacic, Marshall, Wuo and Chang
NOES: None
ABSENT: Councilmember Segal
z
City Clerk of the City of Arcadia
32
" STAFF REPORT
�081T8
Public Works Services Department
May 6, 2003
To: Mayor and City Council
/ I
From: Pat Malloy, Public Works Services Director
Prepared by: Toyasha Black, Management Aide
Subject: Resolution No. &340, approving the application for grant funds under the
Used Oil Recycling Enhancement Act.
Recommendation: Adopt
Summary
In July of 2002, the City received our eighth block grant from the California Integrated
Waste Management Board to continue the City's Used Oil Recycling Program. Since
the block grants are not competitive, the City of Arcadia only needs to submit a
application package to receive the grant. It is recommended that the City Council adopt
Resolution No. 6340 approving the application for a grant under the Used Oil Recycling
Fund under the Oil Recycling Enhancement Act.
Discussion
The California Oil Recycling Enhancement Act of 1991 mandated that the Integrated
Waste Management Board provide annual block grants to local governments for used
oil collection programs. Each year since 1991, the City has applied for, and received
block grant funding for this program. In July of 2002, the City of Arcadia was awarded a
block grant in the amount of $22,186. Block grant funding is based on population rather
than a competitive application process. To continue funding, the City is required to
submit a new resolution for the subsequent year's program.
Grant funds for used oil recycling are dispersed for a 3 -year cycle fund term.
Additionally, funds that are not spent during the first two years of the block grant cycle
will be rolled over into the last year of the block grant cycle. After the end of the third
year, (i.e., June 30, 2006) any unspent block grant funds will be returned to the State.
LASER IMAGED
Mayor and City Council
May 6, 2003
Page 2
Since 1996, the program has expanded to include six used oil collection centers for
residents to recycle their used motor oil. (VJ's Auto Service and C & L Collision Center
were recently added in 2002 as collection centers). The following six (6) locations are
used for oil collection:
• Kragen Auto Parts
37 Las Tunas Drive
*-Goodyear
1414 S. Baldwin Avenue
• VJ's Auto Service
400 North First Avenue
• Firestone
1500 S. Baldwin Avenue
• Jiffy Lube
5 W. Huntington Drive
• C & L Collision Center
132 Las Tunas Drive
Similar to past years, the City will continue to purchase used oil collection containers,
funnels, reusable oil mats, and shop rags to distribute to Arcadia residents free of
charge. Grant funds will also be used to promote the proper collection and disposal of
used oil through various public education mediums (i.e., brochures, newspaper ads, and
public service announcements).
State staff has indicated that these funds can be used to fund specific stormwater
pollution prevention expenses (e.g., acquisition, installation and maintenance of storm
drain inlet filters at public transit locations). Staff may use a portion of the 2003 -04 grant
funds for the maintenance of storm drain catch basin filter inlets, and will continue to
use the remaining funds to support the above programs.
Staff recommends that the City Council approve Resolution No. 6340 approving the
filing of the City of Arcadia's used oil application and authorize the City Manager to
execute any agreement, contracts, and requests for payment regarding this matter on
behalf of the City.
Fiscal Impact
By approving the used oil grant application, the City will receive approximately
$24,652.00 (according to population) to implement used oil recycling activities for fiscal
year 2003 -06 without impacting the General Fund. Up to 50% of this grant funding may
be applied towards NPDES requirements that correlate with removing oil /hazardous
waste from stormwater. This may help reduce the fiscal impact on the General Fund for
this State mandated program. All Grant Funds must be used according to their 3 -year
cycle fund terms.
Mayor and City Council
May 6, 2003
Page 3
Recommendation
1. Adopt Resolution No. 6340, approving the application for grant funds
under the Used Oil Recycling Enhancement Act
2. Authorize the City Manager to execute and file on behalf of the City
of Arcadia all forms necessary regarding this Grant with the
California Integrated Waste Management Board.
3. Appropriate $24,652.00 to implement the used oil collection program
trust fund.
Approved by:
William R. Kelly, City Manager
PM:TB:dw
Attachment: Resolution No. 6340
RESOLUTION NO. 6340
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING THE APPLICATION
FOR GRANT FUNDS UNDER THE USED OIL RECYCLING
ENHANCEMENT ACT
WHEREAS, the people of the State of California have enacted the
California Oil Recycling Enhancement Act that provides funds to cities and
counties for establishing and maintaining local used oil collection programs
that encourage recycling or appropriate disposal of used oil; and
WHEREAS, the people of the State of California have enacted
Assembly Bill 1220 (Eastin, 1993) that provides grants to local governments
to establish and implement waste diversion and separation programs to
prevent disposal of hazardous waste, including household hazardous waste,
in solid waste landfills; and
WHEREAS, the California Integrated Waste Management Board has
been delegated the responsibility for the administration of these programs
within the state, setting up necessary procedures governing application by
cities and counties under these programs; and
WHEREAS, the applicant will enter into an agreement with the State of
California for implementation of a used oil collection program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
1 LASER IMAGED
SECTION 1. The City Council authorizes the submittal of 9 10
and 11 cycle grant application to the California Integrated Waste
Management.Board for the Used Oil Block Grant, Fiscal years 2003 through
2006.
SECTION 2. The City Council appoints the City Manager, or his/her
designee, to conduct all negotiations and to execute and submit all required
documents including, but not limited to applications, agreements,
amendments, and payment requests for the purposes of securing grant funds
and to implement and carry out the purposes specified in the grant
application.
SECTION 3. The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this 6th day of May 2003.
/s/ SHENG CHANG
Mayor of the City of Arcadia
ATTEST:
City Clerk
APPROVED AS TO FORM:
0 )��
City Attomey
N
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that
the foregoing Resolution No. 6340 was passed and adopted by the City Council of the
City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 6` day of May 2003 and that said Resolution was
adopted by the following vote, to wit:
AYES: Councilmembers Kovacic, Marshall, Wuo and Chang
NOES: None
ABSENT: Councilmember Segal
City Clerk of the City of Arcadia
3
r
aeTS��eo STAFF REPORT
NCOR
Development Services Department
May 20, 2003
TO: Mayor and City Council _
Chairperson and Agency Board Members
FROM: Don Penman, Assistant City Manager /Development Services
Director QIW -
Stephen P. Deitsch, City Attorney
By: Donna Butler, Community Development Administrator /,K
SUBJECT: ARA RESOLUTION NO. 205 AND CITY COUNCIL RESOLUTION
NO. 6349 ADOPTING LOCAL GUIDELINES FOR IMPLEMENTING
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC
RESOURCES CODE SECTION 21000 ET SEQ.)
RECOMMENDATION: ADOPT
SUMMARY
Attached for the City Council's and the Redevelopment Agency's consideration
are Resolution 6349 and ARA Resolution 205 recommending adoption of revised
California Environmental Quality Act (CEQA) guidelines
The proposed 2003 Guidelines are an update of the previous guidelines adopted
by the City Council and the Agency Board on August 20, 2002.
The Development Services Department is recommending that the
Redevelopment Agency and the City Council take two separate actions as
follows:
1. Under the Redevelopment Agency, adopt ARA Resolution 205; amending
and adopting local guidelines for implementing the California
Environmental Quality Act (Public Resources Code §§ 21000 et seq.); and
2. Under the City Council, adopt Resolution No. 6349 adopting local
guidelines for implementing the California Environmental Quality Act
(Public Resources Code §§ 21000 et seq.)
TA- s- 2o- 03CEQA Adoption CEQA Guidelines
May 20, 2003
ec�d t LASER IMAGED Page 1
Can/ / /.I
BACKGROUND
The California Environmental Quality Act (CEQA) as contained in Public
Resources Code sections 21000 et seq., is California's most important
environmental law. It requires all public agencies within the state to evaluate the
environmental effects of their actions. CEQA also aims to control environmental
effects of agency actions by requiring agencies to avoid or reduce, when
feasible, the significant environmental impacts of their decisions.
CEQA requires all agencies to adopt specific objectives, criteria and procedures
for evaluating public and private . projects that are undertaken or approved by
such guidelines.
On August 20, 2002, the City Council adopted Resolution 6316 and the
Redevelopment Agency adopted ARA Resolution 202 adopting the CEQA
guidelines. Due to the CEQA changes during the past year, new guidelines are
proposed for adoption.
The local guidelines are designed to assist City and Agency staff in assessing
the environmental implications of a project prior to approval as mandated by
CEQA.
DISCUSSION
When there are substantive changes to CEQA, the City Attorney's Office will
prepare updated guidelines for adoption by the City Council and Agency Board.
This is a ministerial process and public entities should adopt revised guidelines
when necessary.
The Attorney's office has prepared a set of updated Local CEQA Guidelines for
the City and Redevelopment Agency to adopt in compliance with the above -
described CEQA requirement. These guidelines are tailored to the City's and
Agency's specific needs and provide step -by -step procedures for evaluating
projects prior to approval. The updated guidelines also provide instructions and
revised forms for preparing any environmental documents required underCEQA.
Although there have been very few significant statutory changes to CEQA during
the last year that would impact the City and Agency, several bills relating to
CEQA were signed into law this past year that warrant changes to the guidelines.
The following is a brief summary of these bills.
1. SB1393 revises existing CEQA statutes to state that whenever a nonelected
decision making body, such as the "Planning Department, adopts or certifies
any environmental document, that decision may be appealed to the agency's
elected decision making body." In Arcadia, the City Council is the decision
TA- a- 2o- 03CEQA Adoption CEQA Guidelines
May 20, 2003
Page 2
making body that certifies an EIR, however, wording has been added to the
City local guidelines to provide for the appropriate appeals process.
2. SB1393 provides that:
• In any action challenging a public agency's actions under CEQA, a
petitioner must personally. serve the public agency with a request for the
preparation of the administrative record within 10 days of filing a
challenge.
• Real parties of interest must be named within 20 business days of the
date that a petitioner serves the complaint or petition on the public agency.
• Within ten (10) days of being served with a- petition or complaint the
agency must provide the petitioner with a list of responsible and public
agencies with jurisdiction over any natural resource affected by the
project.
• Within 15 days of receiving the list, the petitioner must provide these
responsible and public agencies with notice of the action.
3. SIB 649 requires that an EIR produced for a redevelopment plan specify
whether it is a master EIR, program EIR or a project EIR.'
4. AB 1108 requires that any scoping meeting held pursuant to NEPA (National
Environmental Protection Act) satisfies CEQA requirements as long as the
lead agency met CEQA's notice requirements.
5. SB 1925 repealed several sections of the Public Resources Code and
created a new Article 6 to recast and consolidate previously existing
exemptions for affordable housing. It also redefines or adds definitions for
several terms. These definitions are included in the Local Guidelines. In
addition SB1925:
• Reinforces existing case law by prohibiting the division of a project into
smaller projects to qualify for one or more exemptions.
• Prohibits reducing the number of housing units as a mitigation measure. If
a project includes a housing development the lead agency is specifically
prohibited from reducing the project's proposed number of housing units
as a mitigation measure if the agency determines that there is an
alternative feasible mitigation measure that would provide a similar level of
mitigation without requiring a reduction in housing units.
The new local CEQA Guidelines proposed for adoption by the City and the
Redevelopment Agency reflect these changes.
FISCAL IMPACT
None
TA- 5- 2o- 03CEQA Adoption CEQA Guidelines
May 20, 2003
Page 3
RECOMMENDATION
The Development Services Department recommends that there be two
separate actions as follows:
Redevelopment Agency
That the Redevelopment Agency adopt Resolution No. ARA 205, a
resolution of the Arcadia Redevelopment Agency amending and adopting
local guidelines for implementing the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.). _
City Council
That the City Council adopt Resolution No. 6349 amending and adopting
Local Guidelines for implementing the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.).
Approved:
liam R. Kelly, City Manager/Executive Director
Attachment: ARA Resolution 205
City Council Resolution No. 6349
TA- 5- 20- 03CEQA Adoption CEQA Guidelines
May 20, 2003
Page 4
i'
RESOLUTION NO. ARA -205
A RESOLUTION OF THE ARCADIA REDEVELOPMENT
AGENCY ADOPTING LOCAL GUIDELINES FOR
IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (PUB. RESOURCES CODE SECTION
21000 ET SEQ.)
WHEREAS, the California Legislature has amended the California
Environmental Quality Act ( "CEQA ") (Pub. Resources Code §§ 21000 et seq.) and
the State CEQA Guidelines (Cal. Code of Regs, title 14, 15000 et seq.) and the
California courts have interpreted specific provisions of CEQA in recent months;
and
WHEREAS, Section 21082 of CEQA requires all public agencies to adopt
objectives, criteria and procedures for the evaluation of public and private projects
undertaken or approved by such public agencies, and the preparation, if required,
of environmental impact reports and negative declarations in connection with that
evaluation; and
WHEREAS, the Arcadia Redevelopment Agency ( "Agency ") must revise its
local guidelines for implementing CEQA to make them consistent with the current
provisions and interpretations of CEQA.
NOW, THEREFORE, THE ARCADIA REDEVELOPMENT AGENCY
DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
LASER IMAGED
SECTION 1. The Agency adopts "Local Guidelines for Implementing the
California Environmental Quality Act (2003 Revision)," a copy of which is on file
at the offices of the Agency and is available for inspection by the public.
SECTION 2. All prior actions of the Agency enacting earlier
guidelines are hereby repealed.
SECTION 3. The Secretary of the Agency shall certify to the adoption
of this Resolution.
Passed, approved and adopted this 6th day of May , 2003.
/s/ SHENG CHANG
Chairperson
Arcadia Redevelopment Agency
ATTEST:
Secretary
Arcadia Redevelopment Agency
APPROVED AS TO FARM:
o k �
Stephen P. Deitsch
Agency Attorney
z
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, Secretary of the Arcadia Redevelopment Agency of the
City of Arcadia, hereby certifies that the foregoing Resolution No. ARA -205 was
passed and adopted by the Arcadia Redevelopment Agency of the City of Arcadia,
signed by the Chairperson and attested to by the Secretary at a regular meeting of said
Agency held on the 6th day of May, 2003 and that said Agency Resolution was
adopted by the following vote, to wit:
AYES: Agency Members Kovacic, Marshall, Wuo and Chang
NOES: None
ABSENT: Agency Member Segal
Secretary of the Arcadia
Redevelopment Agency
9
iz
RESOLUTION NO. 6349
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, AMENDING AND ADOPTING
LOCAL GUIDELINES FOR IMPLEMENTING THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUB.
RESOURCES CODE §§ 21000 ET SEQ.)
WHEREAS, the California Legislature has amended the California
Environmental Quality Act ( "CEQA ") (Public Resources Code §§ 21000 et seq.)
and the State CEQA Guidelines (California Code of Regs., title 14, §§ 15000 et
seq.) and the California courts have interpreted specific provisions of CEQA in
recent months; and
WHEREAS, Section 21082 of CEQA requires all public agencies to adopt
objectives, criteria and procedures for the evaluation of public and private projects
undertaken or approved by such public agencies and the preparation, if required, of
environmental impact reports and negative declarations in connection with that
evaluation; and
WHEREAS, the City of Arcadia ( "City") must revise its local guidelines for
implementing CEQA to make them consistent with the current provisions and
interpretations of CEQA.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY, FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
LASER IMAGED
SECTION 1. The City adopts "Local Guidelines for Implementing the
California Environmental Quality Act (2003 Revision)," a copy of which is on file
at the Development Services Department and is available for inspection by the
public.
SECTION 2. All prior actions of the City enacting earlier guidelines
are hereby repealed.
SECTION 3. The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this 6th day of May , 2003.
/s/ sxENc CHANG
Mayor of the City of Arcadia
ATTEST:
c.� ri 1
City Clerk
APPROVED AS TO FORM:
A
Stephen P. Deitsch
City Attorney
2
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) SS:
CITY OF ARCADIA )
I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certifies that
the foregoing Resolution No. 6349 was passed and adopted by the City Council of the
City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular
meeting of said Council held on the 6` day of May 2003 and that said Resolution was
adopted by the following vote, to wit:
AYES: Councilmembers Kovacic, Marshall, Wuo and Chang
NOES: None
ABSENT: Councilmember Segal
c r E `'Llii uA
City Clerk of the City of Arcadia
K
Y.
.o
STAFF REPORT
O RpOR6T8��
Public Works Services Department
May 6, 2003
TO: Mayor and City Council
FROM: Pat Malloy, Public Works Services Director
Prepared by: Gary F. Lewis, General Servic s Manager
Ken Herman, Associate Civil Engineer
SUBJECT: Award of Contract - Water Main Replacement
Recommendation: Authorize the City Manager to enter into a contract with
Engineered Plumbing Inc. in the amount of $646,150 for the 2002 -03
Water Main Replacement projects
SUMMARY
The Water Master Plan adopted by the City Council recommends water main
replacement projects for various pipelines in Arcadia for the next 10 years. The
recommended replacements are based on pipeline size, age, fire flow, historical main
breaks and other defects. In conjunction with this project, sixteen (16) existing water
valves will be replaced as part of the valve replacement project.
Staff recommends that the City Council authorize the City Manager to enter into a
contract in the amount of $646,150 to Engineered Plumbing Inc. for the replacement of
various water mains and valves for fiscal year 2002 -03.
BACKGROUND
The 2001, update of the Water Master Plan was prepared and submitted to Council on
October 20, 2001 summarizing the need for water system improvements in supply
sources, storage capacity, pumping capacity, transmission, distribution pipelines and
various other projects in each water pressure zone. The hydraulic network model of the
system used in the Water Master Plan determined that approximately 3,360 linear feet
of 8 -inch to 12 -inch pipeline is in need of replacement during fiscal year 2002 -03 to
improve fire protection. An additional 3,330 linear feet of 8 -inch pipeline is also
scheduled to be replaced due to frequent breaks over the past five years, resulting in
extensive property damage and higher costs resulting from emergency repairs. The
water line replacement project has been scheduled to coincide with the City's street
rehabilitation projects scheduled for Council approval May 20, 2003. There are three (3)
streets, La Ramada, Sunset and Lauralyn scheduled for resurfacing in conjunction with
this project. The water line replacement project is scheduled for completion in late
August.
'ev LASER IMAGED
CON, // .
5P
Mayor and City Council
May 6, 2003
Page 2
DISCUSSION
Distribution pipeline projects will replace old pipes that have experienced frequent
leaks /breaks, and to improve fire flow in the system. Most of the flow deficiencies are
associated with pipes less than 8 -inch diameter, at the ends of long cul -de -sacs, and at
higher elevations of the pressure zones. Deficiency mitigation projects consist of the
replacement of existing 4 -6 inch pipe with larger diameter pipe; looping the distribution
system to eliminate dead -ends for a continuous water flow in the main, and providing
pressure reducing stations between zones to augment supply from the higher zones to
the lower zones.
Concurrent with the waterline replacement project, sixteen (16) valves are scheduled for
replacement as part of the valve replacement project. Due to the heavy workload of
meter replacement and water line breaks, the Valves Replacement Program is falling
behind schedule. Normally, City crews complete this work as part of the departments
scheduled maintenance program. To keep the preventative maintenance program on
schedule, staff incorporated this years Valve Replacement Program into the water line
replacement project.
Notice inviting bids were published in the adjudicated paper and bid packages were
distributed to area contractors. The City Clerk publicly opened nine (9) sealed bids on
April 10, 2003. The following bid results are listed for the City Councils review and
consideration:
RANK FIRM LOCATION BID AMOUNT
(Water Lines & Valves)
1 Engineered Plumbing Inc.
Baldwin Park
$
646,150
2 Vasilj Inc.
Irwindale
$
693,800
3 W.A. Rasic Construction.
Lynwood
$
721,908
4 Majich Bros., Inc.
Altadena
$
760,790
5 Simich Const. Co. Inc.
Walnut
$
778,250
6 P & J Utility Co.
Los Angeles
$
863,090
7 Valverde Construction, Inc.
Santa Fe Springs
$
896,000
8 Mladen Grbavac Const. Co.
Arcadia
$1,044,700
9 ARB, Inc.
Lake Forest
$1,306,970
Mayor and City Council
May 6, 2003
Page 3
Staff has reviewed the bid documents for content and investigated the contractors'
background, and recent projects for competency. Staff has concluded that Engineered
Plumbing Inc. is the lowest responsible bidder to perform the construction of this project.
Staff recommends that the City Council award a Contract in the amount of $646,150 to
Engineered Plumbing Inc. for the construction of water main replacement projects for
fiscal year 2002 -03.
ENVIRONMENTAL IMPACT
This project involves the replacement of existing utility systems and therefore it is
categorically exempt per 15302 (c) of the California Environmental Quality Act.
FISCAL IMPACT
The 2002 -03 Capital Improvement Projects has allocated $872,500 for the Design and
Replacement of Various Water Lines and the Valve Replacement Program to cover the
cost of construction, inspection, soil compaction testing, project administration, and
contingencies.
RECOMMENDATION
1. Award a Contract in the amount of $646,150 to Engineered Plumbing Inc.
for the 2002 -03 Water Main Replacement projects.
2. Authorize the City Manager and City Clerk to execute a contract in a form
approved by the City Attorney.
Approved by: 'n "�
William R. Kelly, City Manager
PM:GL:KH:TL:dw
CITY OF ARCADIA
WATER MAIN REPLACEMENT NORTH
AT VARIOUS STREETS
PROJECT LOCATIONS
NO SCALE
CITY OF ARCADIA
NOTICE INVITING BIDS
The City of Arcadia ( "Owner") will receive sealed bids for the Water Line Replacement at
Various Streets Project. The Project, which involves construction of 395 I.f. of 12 -inch ductile iron pipe,
approximately 953 I.f. of 10 -inch ductile iron pipe, approximately 953 I.f. of 10 -inch ductile iron pipe,
approximately 5,650 I.f. of 8 -inch ductile iron pipe, approximately 200 Lf. of 6 -inch ductile iron pipe and
all appurtenances, and all supplies, services and transportation necessary to construct and complete
the project, must be completed within ninety (90) calendar days, as provided in the Bid and Contract
Documents. Bidders are strongly encouraged to review the Bid Documents (including the more detailed
Notice Inviting Bids included therein) for more complete information regarding the Project and submission of
bids.
Bids must be submitted to the Owner on the Owner' s Contract Bid Forms. Prospective
Bidders may obtain Bid Documents only from the Public Works Services Department at the following
address: 11800 Goldring Rd., Arcadia, CA 91006 (626) 256 -6554. Please contact the Public Works
Services Department (626) 256 -6554 for more information, including availability of Bid Documents and
mailing costs. A Pre -Bid Conference and Site Walks will be held on March 31, 2003 at 10:00 a.m. at the
Public Works Services Department located at 11800 Goldring Rd., Arcadia, CA 91006. Bidders
SHOULD attend.
All Bids must be addressed, sealed in an envelope and received by the office of the City
Clerk no later than 11:00 a.m. on April 10;2003. All Bids will be publicly opened, examined and read aloud
at the City Clerks Office at that time. Bids shall be valid for 60 days after the bid opening date. Bids must be
accompanied by cash, a certified or cashier's check, or a Bid Bond in favor of the Owner in an amount not
less than ten percent (10 %) of the submitted Total Bid Price. Prior to award of the Contract, the successful
bidder will be required to furnish a Performance Bond and a Payment Bond, each in the amount of one
hundred percent (100 %) of the Total Bid Price, on the forms provided and in the manner described in the Bid
Documents. Contractor shall comply with PCC ' 4108 with respect to subcontractor bond requirements.
Pursuant to B &P Code ' 7028.15 and PCC ' 3300, Contractors shall possess the following
California Contractor's license(s) in order to perform the Work: A. Subcontractors must possess the appro-
priate licenses for each specialty subcontracted.
Bidders are advised that this Contract is a public work for purposes of the California Labor
Code, which requires payment of prevailing wages. Owner has obtained from the Director of the Department
of Industrial Relations the general prevailing rates, and will place them on file at the Owner' s office and make
them available to any interested party upon request.
Pursuant to PCC ' 22300, the successful Contractor may substitute securities equivalent to
monies withheld by the Owner.
Owner reserves the right to reject any or all Bids, to waive any informality or irregularity in any
Bid received, and to be the sole judge of the merits of the respective Bids received.
CITY OF ARCADIA
RVP08 \DRD \570042 PUBLISHED NIB - 1 GD -STATE & LOCAL (N /A) (7/24/00)
/f J_ -
STAFF REPORT
Fire Department
DATE: . May 6, 2003
TO: • Mayor and City Council
FROM: David R. Lugo, Fire Chief "/
By: Richard C. Brown, Deputy Fire Chief
SUBJECT: Purchase of Replacement Data Terminals
Recommendation: Approve the purchase and installation of Mobile Data
Terminals for fire apparatus and upgrade fire station alerting equipment
from Nida Companies in the amount of $92,673.68
SUMMARY
Staff is recommending the City Council authorize a purchase, in the amount of
$92,673.68, to Nida Companies, for the replacement of Mobile Data Terminals in Fire
Department apparatus and upgrading of the fire station alerting system. Sufficient funds
are available in the 2002 -2003 FY Capital Improvement Budget, as adopted by the City
Council.
BACKGROUND
The current data system is over twenty years old and is in critical need of replacement
due to a lack of parts availability and outdated technology. All contracting agencies in
the Verdugo Communications system have agreed to upgrade the data system to the
newer technology this fiscal year.
The 2002 -2003 FY budget includes appropriations for the replacement of eleven Mobile
Data Terminals, or MDT's, used in fire apparatus, as well as upgrading the fire station
alerting system in all three fire stations. The funds are currently budgeted in the
Equipment Replacement Fund for this program.
LASER IMAGED
coir. r/ I. 3p
Mayor and City Council
April 15, 2003
The Fire Department contracts for dispatch services for fire and emergency medical
responses through the Verdugo Communications Center in Glendale. Verdugo
provides service to the cities of Arcadia, Burbank, Glendale, Monrovia, Pasadena, San
Gabriel, San Marino, Sierra Madre, and South Pasadena. Part of the service provided
is the transmission of dispatch data, over a radio frequency, to the fire stations and the
apparatus in the form of text on the MDT and the fire station printer. This information
includes incident location, equipment assigned to the incident, time of incident, property
information, and any information specific to the incident. Inside the apparatus, the
operator pushes a button to signify the company is enroute to the call, has arrived at the
scene, and the current status of the apparatus. Each time a button is pushed, or a
transmission occurs, information is recorded by the computer aided dispatching
equipment for a historical record, which may be used as a legal document, when
necessary.
Staff is recommending replacing current MDT's with Motorola MW800 terminals,
currently the most compatible with the existing Verdugo communications equipment and
software. The MW800 terminals afford the greatest flexibility for current and future
enhancements, along with interoperability with other agencies, and technical support.
In FY 2001 -2002, the Fire Department went out to bid for radio acquisition, repair, and
service, and, to work in conjunction with Verdugo Communications. In July of 2001, the
Department entered into a purchasing agreement, PA -009, with Nida Companies. The
contract was renewed, per the provisions of the contract, in July 2002, for twelve
additional months. Nida is very familiar with the Verdugo communications system and
has been meeting the needs with very reliable and competent service to the Fire
Department. Nida also contracts for service with Monrovia, San Gabriel, San Marino,
and South Pasadena for radio service and repair. Burbank, Glendale, and Pasadena all
have in -house radio services to acquire, program, and install their radios and data
systems.
Through Nida Companies, an authorized Motorola dealer, we are able to utilize the Los
Angeles County purchasing contract with Motorola at an approximate savings to the
City of 16 percent over the catalog price.
FISCAL IMPACT
The total cost of the proposed acquisitions is $92,673.68. Funds were previously
budgeted in the 2002 -2003 Equipment Replacement Fund, and are available for this
purchase.
Mayor and City Council
April 15, 2003
A breakdown of the costs are as follows:
Motorola MW800 Mobile Data Terminals, $ 80,578.45
modems, mounting brackets, hardware, tax
Labor - and installation of MDT's and station alerting $ 12,095.23
Total price:
RECOMMENDATION
$ 92,673.68
1. Authorize a purchase of mobile data terminals and fire station
alerting equipment from Nida Companies in the amount of
$92,673.68, using the Los Angeles County purchasing agreement.
DRL:rcb
Approved:
1
William R. Kelly, City Manager
STAFF EPORT
IDXJL�
Police p.
DATE: May 6, 2003
TO: Mayor and Members of the City Council
FROM: David H. Hinig, Chief of PoliceL`_l
Nancy Chik, Management Analys
SUBJECT: Renewal of Professional Services Agreement— Crossina Guard
Services
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 $123,857.
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, 2003. The Police Department administers the agreement on behalf of
the City and recommends the renewal from July 1, 2003, to June 30, 2004, at a
cost of $123,857.
BACKGROUND & DISCUSSION
Three years ago, 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
three 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.
LASER IMAGED
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.
In January, the Department contacted All City Management Services and notified
them that the City had to maintain a flat -line budget. They were proposing a 2%
cost of living Increase; however, after considerable discussion, they agreed to
forego the increase and provide services at the same. rate as last year, which
was in the amount of $123,857.
FISCAL IMPACT
Renewal of the professional services agreement will cost $123,857, and the
amount has been budgeted in the City's General Fund.
RECOMMENDATION
Authorize the City Manager to renew the annual professional services
agreement, from July .1, 2003, to June 30, 2004, with All City Management
Services for crossing guard services in the amount of $123,857.
Approved:
W A
William R. Kelly, City Manager
0 30' M.111 Ti 3 c A
STAFF REPORT
Police Department
DATE: May 6, 2003
TO: Mayor and Members of the City Council
FROM: David H. Hinig, Chief of Poli
Nancy Chik, Management Anal
SUBJECT: Uniform Vendors —Police Department
Recommendation: Waive the formal bid process and approve
Tom's Uniforms, Uniform Express, and West End Uniforms as
uniform vendors for the Police Department.
SUMMARY
The Police Department budget allocated $80,150 to purchase uniforms, leather
gear, and related support equipment for employees, reserve officers, and
volunteers. The Department.uses Tom's Uniforms, Uniform Express, and West End
Uniforms as vendors.
City of Arcadia purchasing guidelines require City Council approval for open
purchase order expenditures exceeding $5,000 with any single vendor. Because
each of the aforementioned uniform vendors generally exceed that threshold on an
annual basis, the Police Department requests approval to use these vendors for
Fiscal Year 2003 -2004.
The Police Department has used Tom's Uniforms in Alhambra, Uniform Express in
Montebello, and West End Uniforms in Montclair as uniform vendors for the past 11
years. Our experience with these suppliers has been very good.
Although the amount of money expended with each vendor varies from year to year,
each vendor generally receives a minimum of $5,000 in expenditures that are paid
through pre- approved open purchase orders. Expenditures made with each vendor
are dependent upon what specific rdems are needed and whether certain items are
routinely available through the vendor. A number of variables affect which vendor
officers and employees select, and some factors include: uniform material, size,
proximity to the officers' homes, and hours of operation.
LASER IMAGED
The current practice of using multiple vendors to meet the uniform needs of the
Police Department has been cost effective and efficient from an operational
standpoint. In previous cost comparisons, the prices for items were all competitive
between the vendors.
FISCAL IMPACT
The amount of $80,150 has been allocated in the Police Department budget for
uniforms and related support equipment for FY 2003 -2004.
RECOMMENDATION
Waive the formal bid process and approve Tom's Uniforms, Uniform Express,
and West End Uniforms as uniform vendors for Police Department uniforms.
Approved:
`, w A
William R. Kelly, City Manager
�i. Z. 1 - � i7i1 21
STAFF REPORT
Police Department
DATE: May 6, 2003
TO: Mayor and Members of the City Council
FROM: David H. Hinig, Chief of Police k
Nancy Chik, Management AnalntS2?
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$69,388
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, 2003. It is recommended that the City Council approve the
professional services agreement renewal with PHS from July 1, 2003, through
June 30, 2004, in the amount of $69,388.
DISCUSSION
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 $67,367 for
animal control services. Due to additional operational cost, PHS has increased the
renewal fee by three percent (3 %), which equates to an increase of $2,021 per
annum.
LASER IMAGED
C p , It. -�
FISCAL IMPACT
For the term of the professional services agreement, from July 1, 2003, to June 30,
2004, the fees for animal control services will be $69,388. This amount has been
budgeted in the City's Operating Budget for FY 2003 -2004.
RECOMMENDATION
Authorize the City Manager to renew the annual professional services
agreement with Pasadena Humane Society & SPCA for animal control
services, from July 1, 2003, to June 30, 2004, in the amount of $69,388.
Approved:
q "o
William R. Kelly, City Manager
n7 ,,%11 "i I KAJ
Z'
STAFF REPORT
Development Services Department
DATE: May 6, 2003
TO: Mayor and City Council
FROM: Don Penman, Assistant City Mana er/Development Services Director
Philip A. Wray, City Engineer �NJ
SUBJECT: Sidewalk Development and Dedication Agreement — Baldwin Avenue
Between Duarte Road and Naomi Avenue
Recommendation: Approve and authorize the City Manager to execute a
Sidewalk Development and Dedication Agreement with PHMJ, LLC,
owner of the Arcadia Hub, and to execute all exhibits to the agreement
and any documents necessary to complete this transaction; on condition
that the City first enters into a public works contract to complete the
project described in the Agreement
SUMMARY
The City proposes a project to resurface and improve Baldwin Avenue between Duarte
Road and Naomi Avenue. The roadway and right -of -way widths are substandard, the
roadway is in need of widening and the parkway is in need of improvements. The west
parkway is privately owned with the current property line at the curb face. The property
owner has consented to the dedication of the additional right -of -way in exchange for the
City making the improvements. The project will widen the roadway to accommodate a
center median, add bow -outs at the corners and at mid -block to accent the parking
lanes and to allow more area for landscape and hardscape improvements, and repair
and replace the sidewalk and landscaping.
The City Attorney has prepared an agreement between the City and the property owner
for the parkway dedication and improvements. Staff is recommending that the City
Council approve the agreement and authorize the City Manager to execute it and all
necessary documents.
esf LASER IMAGED
CaM• ll. '�
Mayor and City Council
Staff Report
May 6, 2003
Page 2
The City of Arcadia has an on -going plan to upgrade and improve its commercial areas
by improving the streets and the public parkways, including the center median. The City
recently resurfaced and improved Baldwin Avenue from Huntington Drive to Camino
Real Avenue with the exception of the segment between Duarte Road and Naomi
Avenue. This section was separated from the larger project because it is in need of
more extensive improvements. The roadway and right -of -way widths are substandard
based on the newly amended General Plan Circulation Element. The street is not wide
enough to accommodate a center median and parking lanes on both sides. The entire
west parkway is privately owned with the current property -. line at the street curb,
resulting in minimal street parking on the west side. The parkway is in need of repairs
and the two large signs for the commercial center are in need of replacement.
In the FY 2001102 Capital Improvement Program, a separate project was created to
improve this one block segment of Baldwin Avenue. The owner of the large commercial
center on the west side of the street known as the Arcadia Hub was asked to dedicate
the west parkway to the City in exchange for the.City constructing public improvements.
The owner agreed as part of the dedication to the removal of the two existing signs in
the dedication area. The owner will replace the two existing signs with one new sign
mid -block (currently under construction at his property). The City's project will widen the
street to accommodate a center median for the entire block and add bow -outs at the
corners and at mid -block to accent the parking lanes and to allow more area for
landscape and hardscape improvements. The project will also repair and replace the
sidewalk and landscaping, remove and replace the ficus trees with new street trees, and
add ten (10) parking spaces. The two existing signs will be removed as part of the
City's construction project.
The City Attorney has prepared an agreement between the City and the Arcadia Hub
owner for the parkway dedication and improvements. Both parties have reviewed the
agreement and are in concurrence.
The project design is nearing completion and will be out to bid shortly. Construction is
planned for.late'summer.
CEQA
The proposed project will not have a potential for causing a significant effect on the
environment and is, therefore, categorically exempt from CEQA per'Section 15061(b)(3)
and Class 1 Section 15301(c).
M
Mayor and City Council
Staff Report
May 6, 2003
Page 3
FISCAL IMPACT
The construction project is funded in the FY 2002/03 Capital Improvement Program. By
the terms of the agreement, the City has one year in which to complete the project. In
the event the City does not proceed with the project, the agreement would terminate
and the easements would be abandoned.
RECOMMENDATION
Approve and authorize the City Manager to execute a Sidewalk Development and
Dedication Agreement with PHMJ, LLC, owner of the Arcadia Hub, and to execute
all exhibits to the agreement and any documents necessary to complete this
transaction; on condition that the City; on condition that the City first enters into
a public works contract to complete the project described in the Agreement.
Approved:
William R. Kelly, City Manager
DP:PAW:pa
CITY OF ARCADIA
TY
AR e
°O RSOxsxf °�
DEVELOPMENT SERVICES DEPT.
ENGINEERING DIVISION
..,.E POAO
DATE: DATE
BALDWIN AVENUE IMPROVEMENT BY: DL
BETWEEN DUARTE RD. AND NAOMI AVE. CM( AT E NO TH
SITE PLAN
II NOT TO SCALE II 1
1
STAFF REPORT
Development Services Department
DATE: May 6, 2003
TO: Mayor and City Council
FROM: Don Penman, Assistant City Manager /Development Services Direct r�f
Philip A. Wray, City Engineer /Engineering Services AdministratorQN
SUBJECT: Acceptance - City Council Chambers & Conference Room Renovation
Recommendation: Accept all work performed by D. L. Kaufman, Inc. as
complete and authorize final payment to be made in accordance with
contract documents
SUMMARY
ti
At its September 3, 200$ meeting, the City Council awarded a contract to D. L. Kaufman
Inc. in the amount of $479,269.00 for the renovation of the City Council Chambers and
Conference Room and the HVAC System. The City Council also made an additional
appropriation of $7,200 of Capital Outlay Funds to cover the continuation of
broadcasting of the City Council meetings from the Library during construction. Change
Orders were issued during this project in the amount of $39,535.70. Of the total change
order amount, $20,902.70 is paid for by this project budget and $18,632.00 is paid for
by the Public Works Services' Maintenance funds for work that Public Works was
planning on doing anyway. The contractor has successfully completed the project and
staff is recommending that Council accept the project as complete and authorize staff to
pay the 10% retention in the amount of $51,877.47.
DISCUSSION
The City Council Chambers building was constructed in 1977. Since the building's
initial construction, no major renovation projects have taken place. All of the building's
major features such as the carpet, chairs and wall coverings, etc. were original and
were showing signs of wear and tear. Also, the HVAC system could not provide
sufficient cooling under full occupancy.
On September 3, 2002, the City Council awarded a contract to D. L. Kaufman Inc. in the
amount of $479,269.00 for the renovation of the Council Chambers and Conference
Room and the HVAC system modifications. The project involved a new HVAC system;
LASER IMAGED
C6 N. / /vt•
Mayor and City Council
Staff Report
May 6, 2003
Page Two
and repainting of the ceiling trusses, doorframes and exposed stucco in the lobby area.
In the Conference Room, the project included the installation of new carpet, wall
covering and paint; new ADA lever hardware on the doors; new acoustical ceiling and
light fixtures; new floor -mount outlets with data and electrical ports in the tabletop; new
millwork; new sink, faucet and refrigerator. In the Council Chambers, the project
included new carpet and paint; new theater seating; new millwork at the dais; new
laminate on all tabletops at the dais; new handrails for ramped aisles and new electrical
sub panels with appropriate outlets to support the new lighting and audio /video systems.
Concurrent with this project was the improvement of the lighting, audio and visual
systems in the council chambers. This work included new lighting for the stage area,
new screens, new video and visual equipment and additional microphones at the staff
table. This work was performed by the City's audio /video consultant and was separate
from the renovation project.
Several change orders were processed for minor additional work necessary to complete
the project. These items are summarized below. Also included in the change order are
some items of work that were initially planned for upcoming maintenance and repairs
through, other means. These items were added to this project because of the
convenience of the contractor performing similar work in the same location and the
negotiated price was reasonable. The items are the replacement of the front doors,
windows and frame, and the replacement of the ceiling and the light fixtures and
repainting in the restrooms. These items total $18,633 and are paid for by Public Works
Services Maintenance funds.
Change Order #1
Rework existing projection screen location;
provide & install door frame in basement and
add furred wall at kitchen area
$6,191.34
Change Order #2
Change Order #2a: Miscellaneous electrical
a) $7,558.11
conduit, rewiring and breakers; additional
handrails; additional wood trim on table tops
Change Order #2b: New front doors and
Storefront; Repaint and add new ceiling and
b) $18,633.00
light fixtures in the bathroom
Change Order #3
Provide & install kick plates; modify & replace
$4,980.58
addl. exhaust system equipment; addl. misc.
painting; remove & replace door to audio /visual
room; addl. electrical changes
Mayor and City Council
Staff Report
May 6, 2003
Page Two
Change Order #4
Provide 2 smoke detectors to return vents;
$2,172.67
provide addl. varnish for countertop; provide
addl. wall covering stock and additional
electrical stock
TOTAL CHANGE ORDERS
$39,535.70
Less PWS Maintenance Items per Item 2b as
stated above
$18,633.00
NET TOTAL CHANGE ORDERS
$20,902.70
FISCAL IMPACT
In the FY 2001 -02 Capital Improvement Program, funds were budgeted in the amount of
$302,500 for the interior renovation of the Council Chambers and the Council
Conference Room, and in the amount of $544,000 for the Council Chambers and City
Hall HVAC System modifications. This project is a combination of portions of the two
CIP budgets as follows, $227,500 from the Council Chambers and Conference Room
Renovation and $342,000 from the HVAC System Modifications (the City Hall portion
was deleted). Thus, the total budget for this project is $569,500. The final construction
contract amount including the change orders is $518,804.70. Of the total, $18,633 is for
other maintenance work and is paid for by Public Works Services Maintenance funds.
The budget is sufficient to cover all project related costs. The lighting, audio and video
work was performed by a separate consultant and paid for by an Adelphia grant.
RECOMMENDATION
That the City Council accepts the City Council Chambers and Conference Room
Renovation Project as complete and authorize staff to make the final 10%
retention payment of $51,877.47 to D. L. Kaufman, Inc.
Approved By:
WILLIAM R. KELLY, CITY MANAGER
DP:PAW:pa
M
F
STAFF REPORT
rNC � R PORAT8 9 ���
Arcadia Public Library
May 6, 2003
TO: Mayor and City Council
FROM: Janet Sporleder, Director of Library and Museum Services
SUBJECT: Agreements between the Arcadia Historical Society and the City of
Arcadia
Recommendation: Terminate the Lease Agreement of 1999 and approve
the new Agreement
Summary The original Arcadia Historical Museum was operated by volunteers from
the Arcadia Historical Society, with expenses paid by donations from the community.
When the City Council approved the construction of the new Ruth and Charles Gilb
Arcadia Historical Museum, a Lease Agreement was signed by the City of Arcadia and
the Arcadia Historical Society that clearly delineated the responsibilities of each agency:
the City would own the building; the Society would lease it, furnish it and manage it.
Subsequently, after the volunteer curator resigned, the City Council allocated funds to
hire staff for the Museum and the Director of Library and Museum Services was asked to
manage the Museum. The Agreement signed in 1999 is no longer applicable and needs
to be terminated. The new agreement delineates the new role of the Arcadia Historical
Society in relation to the Museum.
Discussion: The Arcadia Historical Society managed a small museum from 1986 to 1999
with the assistance of dedicated volunteers. When plans were developed to build the new
Ruth and Charles Gilb Arcadia Historical Museum, the City and the Society entered into
an agreement: the City would own and maintain the building, the Society would lease the
building from the City and they would manage the Museum. When volunteer curator
Carol Libby announced her retirement, the City agreed to fund a staff position. The
management of the Museum was assigned to the Director of Library and Museum
Services and a professional Curator was hired.
The Historical Society Lease Agreement, signed on April 2, 1999, is no longer applicable
and needs to be terminated. The new, attached agreement between the City and the
Society indicates the Society does own historical artifacts that it agrees to provide to the
Museum for display. A fine arts insurance policy will be purchased to cover the artifacts
against risk at the Museum, at any other location and in transit. The cost for the
LASER IMAGED
CdN. 1t •O,
insurance will be shared equally between the City of Arcadia and the Arcadia Historical
Society. This agreement has been approved by the Historical Society Board of Directors.
Fiscal Impact The cost for the fine arts insurance will be shared equally between the
City of Arcadia and the Arcadia Historical Society. It is not yet known what the
insurance will cost.
Recommendation It is recommended that the City Council terminate the Lease
Agreement, dated April 2, 1999, and authorize the Mayor to sign the new Agreement
between the City of Arcadia and the Arcadia Historical Society.
Approved by:
William R. Kelly, City Manager
n — no r.yI C -I i
John Wuo, President
Arcadia Historical Society
City of
Arcadia
Re: Agreement between the Arcadia Historical Society and the City of
Arcadia
Dear Mr. Wuo:
The City of Arcadia would like to confirm certain provisions related to the
Arcadia Historical Society's contribution to the operation of the Ruth and
Ruth and Charles Gilb Arcadia Historical Museum.
Charles Gilb The Use Agreement of 1999 between the City of Arcadia and the Arcadia
Axcadia Historical Society, which was developed and agreed to prior to the decision to
�lstorlcal have the City staff manage the Museum, is no longer applicable and is hereby
terminated.
Museum
The Society does own historical artifacts that it agrees to provide to the
Museum for display. A fine arts insurance policy will be purchased to cover
the artifacts against risk at the Museum, at any other location and in transit.
Lamy Hackley The cost for the insurance will be shared equally between the City of Arcadia
;urator and the Arcadia Historical Society.
The terms of this letter of agreement shall commence upon execution and
return of a signed copy to the City. It may be terminated by either party upon
submission of notice of termination 30 days before the effective date of
termination.
Please sign and return one copy of this letter to the City Manager of the City
of Arcadia, thereby signifying the Society's approval of this agreement.
80 War Huntington Drive
ost office Box 60021
.rcadia, CA 91006 -6021
526) 574.5440
526) 821 -9057 Fax
ihackley @ci.anmdia.ca.us
Mayor of the City of Arcadia
Date
Attest:
City Clerk of the City of Arcadia
Date
Arcadia Historical
Date ¢-1 — o 3
Approved as to form:
City Attorney
' O r rIih41 51 m �J (1eeMeK4
K)05 LASER IMAGED
Az.�'
May 6, 2003
STAFF REPORT
Development Services Department
TO: Mayor and City Council
FROM: Don Penman, Assistant City Manager /Development Services Direc
Donna L. Butler, Community Development Administrator
Prepared By: James M. Kasama, Senior Planner
SUBJECT: Recommendation to approve the Final Map for Tract No. 53631 for a 12 -unit
residential condominium subdivision at 717 Arcadia Avenue,
SUMMARY
Tract Maps are required for all subdivisions that result in five or more parcels or units.
In accordance with Arcadia Municipal Code Section 9116.3, the City Council must approve a
Final Tract Map if it conforms to all the requirements of the City Subdivision Code and the
State Subdivision Map Act.
It is recommended that the City Council approve the Final Map for Tract No. 53631 for a 12-
unit residential condominium subdivision at 717 Arcadia Avenue.
DISCUSSION
The Final Map for Tract No. 53631 has been reviewed by the County Department of Public
Works and the appropriate City Departments. The map conforms to the Tentative Tract Map
conditionally approved by the Planning Commission on February 26, 2002. All of the
conditions of approval have been complied with, and the subdivision is in compliance with
the City Subdivision Code and the State Subdivision Map Act.
RECOMMENDATION
It Is recommended that the City Council approve the Final Map for Tract No. 53631 for
a 12 -unit residential condominium subdivision at 717 Arcadia Avenue.
Attachments: County letter of compliance
Tract Map No. 53631
Vicinity Map
Aerial Photo & Zoning Map
Approved: °—
William R. Kelly, City Manager
LASER IMAGED
Cagy, //
3
JAMES A. NOYES, Director
December 31, 2002
900 SOUTH FREMONT AVENUE
ALHAMBRA, CALIFORNIA 91803 -1331
Telephone: (626) 458 -5100
w .ladpw.org
ADDRESS ALL CORRESPONDENCE TO:
P.O. BOX 1460
ALHAMBRA, CALIFORNIA 91802-1460
IN REPLY PLEASE
REFER TO FILE: LD-2
Mr. Phillip A. Wray
City Engineer
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91006 -6021
Dear Mr. Wray:
TRACT NO. 53631
The enclosed subject tract map has been reviewed by Public Works for mathematical
accuracy, survey analysis, title information, and for compliance with the Subdivision Map
Act. It is ready for your examination and certification as to compliance with the conditional
approval and applicable City Ordinances.
The City Council or Advisory Agency should make the findings; required by the State
Environmental Quality Act and the State Subdivision Map Act.
After your approval and the approval of the City Council or Advisory Agency, the map
should be returned to Land Development Division, Subdivision Mapping Section, for filing
with the Registrar - Recorder /County Clerk's Office.
If you have any questions, please contact Mr. Armando Aguilar of our Subdivision Mapping
Section at (626) 458 -4915.
Very truly yours,
JAMES A. NOYES
Director of Public Works
DENNIS HUNTER
Assistant Division Engineer
Land Development Division
LR:ca
P:\LDPUB\SUBDIVSNWAPPING\FORMS\TRAC
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DATE: May 6, 2003
STAFF REPORT
Recreation and Community Services Department
TO: Mayor.and City Council
FROM: David A. Lewis, Director of Recreation and Community Services
SUBJECT: Ordinance 2179 amending Article III Chapter 3 of the Arcadia Municipal
Code by adding Part 4 oermitting skating and skateboarding in a portion of
Bonita Park
Recommendation: Introduce
SUMMARY
This ordinance adds a Part 4 to Article III, Chapter 3 the Arcadia Municipal Code in response
to the City's development of a skatepark facility at Bonita Park and defines the facility as a
"Designated Skating and Skateboarding Area ".
The ordinance establishes the regulations that will apply to the use of the facility and the
penalties for failure to comply with those regulations.
BACKGROUND
On December 17, 2002 the Arcadia City Council awarded a contract for the construction of a
skatepark facility at Bonita Park. This is the culmination of a public process that began in the
summer of 2000 and included input from local youth, the Recreation and Parks Commission,
three community workshops, skateboarding demonstration events and guidance from a team of
professional skate park designers. The facility will be completed and ready for opening in late
May /early June.
The California Health "and Safety Code Section 115800 (b)(1) states that local public agencies
who own and operate facilities of this type shall adopt an ordinance requiring any person riding a
skateboard at the facility to wear a helmet, elbow pads and knee pads. Other regulations
governing the use of the facility may also be included in the ordinance. In addition the Code
requires the posting of signs at the facility that state the contents of the ordinance and the penalty
for non - compliance.
oQ a"'i LASER IMAGED
DISCUSSION
The City of Arcadia has gone to great length and expense to develop a state -of -the -art skate and
skateboard facility that will provide a high quality recreational experience for its users. The City
must also address the safety of the facility and its users. The facility safety issues have been
addressed through the design criteria and construction detail while the user safety issues are dealt
with through the regulations governing use of the facility.
In order to develop a thorough set of regulations staff consulted with twenty -three public skate
facility operators. This included reviewing their regulations and seeking the operators opinions
on the various rules..This research led to development of Ordinance 2179. This proposed
addition to the Arcadia Municipal Code reflects both the State mandated regulations and those
most commonly used and recommended by publicly owned and operated skatepark facilities
throughout the region.
In a related issue staff discussed with the facility operators the matter of security fencing.
Although..,most sites were built with some safety railing and/or some site specific fencing
virtually none were built with complete perimeter fencing/gates that would provide the option of
completely closing and' securing the facility. While one facility has been retrofitted with
perimeter security fencing and another is considering it unanimous consensus among public
agency operators is to abide by the conventional wisdom of believing that potential problems
creating the need for such fencing will not occur thereby avoiding unnecessary costs to the
original project development. Based on this input staff is not recommending the addition of
increased security fencing for the Bonita Park skatepark project at this time.
FISCAL IMPACT
Adoption of Ordinance 2179 will have no fiscal impact on the City of Arcadia other than some
minor costs associated with the creation and installation of the signage posting the facility
regulations at the Bonita Park site.
RECOMMENDATION
That the City Council introduce Ordinance No. 2179 of the City Council of the City of
Arcadia, California, amending Article III, Chapter 3 of the Arcadia Municipal Code by
adding Part 4 permitting skating and skateboarding in a portion of Bonita Park.
Approved by: AL A
William R. Kelly
City Manager