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HomeMy WebLinkAboutSeptember 16, 2008NOTICE OF SPECIAL MEETING As authorized by California Government Code Section 54956 and Arcadia City Charter Section 408, a Special Meeting of the Arcadia City Council/Redevelopment Agency is hereby called to be held at the City of Arcadia Council Chamber Conference Room, 240 W. Huntington Drive, Arcadia, California at 5:30 p.m, on Tuesday, September 16, 2008. At this Special Meeting, the following matters will be discussed, considered and acted upon: STUDY SESSION a. Report, discussion and direction regarding proposed Redevelopment Agency Tax Allocation Bond issue. CLOSED SESSION a. Pursuant to Government Code Section 54956.8 to confer about the Exclusive Residential Waste Hauling Contract. Prooertv: Franchise to Use All City Streets, Alleys and Rights-of-Way Citv Negotiators: Assistant City Manager/Public Works Services Director and Management Analyst Negotiating Parties: City of Arcadia and Waste Management Inc. (Darrell Kato and Susan Moultan) Under Negotiation: Price and Terms of Payment. b. Pursuant to Government Code Section 54956.8 to confer with real property negotiators: Prooertv: Arcadia Par 3 Golf Course (620 E. Live Oak Avenue, Arcadia) Citv Neootiators: Assistant City Manager/Public Works Services Director and City Attorney Negotiatinq Parties: City of Arcadia and American Golf Corporation (Paul Ballam and Scott Thompson, Esq.) Under Neootiation: Price and Terms of Payment Prior to going into closed session, there will be time reserved for those who wish to address the City Council/Redevelopment Agency regarding the above items. No further business other than the above will be considered at this meeting. Dated: September 10, 2008 Mayor Pro Tem Wuo Council Member Chandler Council Member Amundson Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the Ci[y Clerk at (626) 574-5455. Notification 48 hours prior to the meeting will enable [he City to make reasonable arrangements [o assure accessibility [o the meeting. CITY OF ARCADIA CITY COUNCILIREDEVELOPMENT AGENCY REGULAR MEETING \ . TUESDAY, SEPTEMBER 16, 2008 AGENDA 7:00 p.m. Location: City Council Chamber, 240 W. Huntington Drive CALL TO ORDER INVOCATION Reverend Raymond Petzholt, Mandarin Baptist Church PLEDGE OF ALLEGIANCE Pat Malloy, Assistant City Manager/Public Works Services Director ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: Robert Harbicht, Mayor/Agency Chair John Wuo, Mayor Pro Tem/Agency Vice Chair Peter Amundson, Council/Agency Member Roger Chandler, Council/Agency Member Gary Kovacic, Council/Agency Member REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON STUDY SESSION/CLOSED SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGERlEXECUTIVE DIRECTOR REGARDING AGENDA ITEMS MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. CITY COUNCIL ITEMS: a. Methodist Hospital of Southern California. Recommended Action: Adopt Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available (or public inspection in the City Clerk's office located at 240 W Huntington Drive, Arcadia, California, during normal business hours. b. Introduce Ordinance No. 2246 amending the Arcadia Municipal Code by addin a new Section 4630.2 to Article IV (Noise Regulations) regarding hours of operation for gardeners and landscapers and amending and adding various Sections to Article IX (Zoning Regulations and General Provisions) Recommended Action: Introduce c. Introduce Ordinance No. 2247 amending Sections 9250.3.6. 9251.2.6 and 9252.2.6 of the Arcadia Municipal Code regarding single-family residential garage parking requirements. Recommended Action: Introduce PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council/Redevelopment Agency during the Public Comments period is asked to complete a "Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary prior to the start of the 7:00 p.m. Open Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council/Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council/Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK 2. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council/Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. REDEVELOPMENT AGENCY ITEMS: a. Approve the Regular Meeting Minutes of August 19 and September 2. 2008. Recommended Action: Approve b. Authorize the Executive Director to execute a three (31 year Lease Agreement with Dekra-Cite Industries. Inc. in the amount of $28.498.75 per year for holiday decorations in the Downtown Redevelopment Area. Recommended Action: Approve CITY COUNCIL ITEMS: c. Approve the Regular Meeting Minutes of August 19 and September 2 2008. Recommended Action: Approve d. Adopt Resolution No. 6645 approving Residential-Mountainous Development Permit No. RM OS-01. Architectural Design Review and Waivers of Conditions No. 3.8 and No. 3.11 of Citv Council Resolution No. 5274 for an open and uncovered hillside deck and patio lights at 383 Torrey Pines Drive. Recommended Action: Adopt Any writings or documents provided to a majority o/the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's oNice located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. Authorize the City Manager to execute a contract with FS Construction for the Left Turn Pocket on Live Oak Avenue Project in the amount of $58 300. Recommended Action: Approve Authorize the Citv Manager to execute a contract with Steiny & Co. Inc. for the Recommended Action: Approve Award aone-year (1) extension to the Professional Services Aoreement between the Citv of Arcadia and Joe A. Gonsalves and Son for State Leoislative Advocacy Services. Recommended Action: Approve 3. CITY MANAGER/EXECUTIVE DIRECTOR a. Inclusion of the Citv of Pasadena as a Member of the Foothill Transit Joint Power Authority. Recommended Action: Discuss and provide comments b. Adopt Interim Uraencv Ordinance No. 2248 establishing a moratorium on the establishment and operation of Medical Marijuana Dispensaries pursuant to Government Code Section 65858. Recommended Action: Introduce and Adopt c. Report, discussion and direction concerning contract languaae regarding compliance with the Immigration Reform and Control Act for Citv contractors. Recommended Action: Provide direction d. Consideration of waiver of Arcadia Redevelopment Aoency Resolution No. 172 to permit vehicle storaoe and parking at 21 Morlan Place and automobile related uses at 37 West Huntington Drive. Recommended Action: Approve ADJOURNMENT The City Council/Redevelopment Agency will adjourn this meeting to Tuesday, October 7, 2008, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (626) 574-5455. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Any wdtings or documents provided to a majority of the City Council regarding any item on fhls agenda wr!! be made available /or public inspection in the City Clerk's office located at 240 W Huntington Drive, Arcadia, California, during normal business hours. r' - ~. MEMORANDUM Office of the City Manager Date: September 16, 2008 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: DONALD PENMAN, CITY MANAGER SUBJECT: RESOLUTION NO. 6644 APPROVING A TAX-EXEMPT BOND FINANCING TO BE ISSUED BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT METHODIST HOSPITAL OF SOUTHERN CALIFORNIA Recommended Action: Adopt BACKGROUND At its meeting on April 1, 2008, the City Council conducted a public hearing and adopted Resolution No. 6617 approving tax-exempt bond financing to be issued by the California Statewide Communities Development Authority to benefit Methodist Hospital of Southern California in the amount of $280,000,000 to upgrade existing facilities as well as develop a new North Tower. Since that time, Methodist Hospital has increased the borrowing amount to $330,000,000, due to changed conditions in the financing market, an increase in estimated project costs and a decision to increase borrowing to one hundred percent (100%) percent of the project's costs. The newly proposed financing, in place of the one formerly approved by the City, again requires the approval of the elected body of the governmental entity having jurisdiction over the area where the project to be financed is located. - Methodist Hospital intends to use the tax-exempt bond proceeds (the "Bonds') to upgrade existing facilities as well as develop a new North Tower that will include a new Emergency Department, Critical Care units, and additional Med/Surg inpatient capacity. The new North Tower (including basement) will comprise approximately 154,000 square feet and will be located adjacent to the existing Hoefflin Building. The estimated completion date for construction of the North Tower is October 1, 2010 (the `Project"). The planned project is based on a number of factors, including physical limitation to the existing facility, increased demand for emergency and other hospital services, and compliance with California Senate Bill 1953 requiring all hospitals to meet certain seismic requirements. The Bonds would be tax-exempt private activity bonds for the purposes of the Internal Revenue Code and, as such, require the approval of the elected body of the govermnental entity having jurisdiction over the area where the project to be financed is located. In order for the CSCDA to issue such Bonds, the City must (1) conduct a public hearing allowing members of the public to continent on the proposed Project, and (2) approve of the CSCDA's issuance of Bonds on behalf of the proposed financing. Although the CSCDA will be the issuer of the tax-exempt revenue obligations for Methodist Hospital, the financing cannot proceed without the City of Arcadia's approval of the financing. The City of Arcadia has no financial oblieation and incurs no financial liability in the issuance of the tax-exempt revenue bonds to be issued by the CSCDA. CSCDA is a California joint exercise of powers authority, organized and existing under the laws of the State of California (specifically, California Government Code Section 6500 and following), and is sponsored by the League of California Cities and the California State Association of Counties. Currently over 470 cities, counties and special districts, including the City of Arcadia, aze program participants of CSCDA. CSCDA is authorized to issue bonds in order to promote economic development including assisting in the financing of facilities for nonprofit organizations. In arder to allow the financing of the Hospital project to proceed, the Hospital has requested that the City consider in the future the adoption of an amendment to the existing Lease between the City and the Hospital: The precise terms of any such amendment have been the subject of continuing discussions between the City Attorney and attorneys representing the Hospital, and the City Attorney has indicated that such negotiations will likely result in submission to Council, for its consideration and adoption in the future, of such an amendment to the Lease. It should be emphasized, as stated in the attached Resolution brought forward for City Council consideration at this meeting, that approval of the Resolution does NOT commit the City to approve any such amendment to the Lease in the future, and also does not commit the City to approve any specific plans and specifications, and land use entitlements, for the proposed Hospital project. These matters will all be brought forward for City consideration and approval in the future. FISCAL IMPACT None. Approval of the attached resolution constitutes an approval of the financing, although as previously mentioned, it does not commit the City of Arcadia to any liability. The City of Arcadia is merely expressing its support for the CSCDA's issuance of Bonds for Methodist Hospital of Southern California to finance the capital improvements for its medical facility.. The proposed action does not commit the City to any fmancial 2 responsibility as the City has no legal or financial responsibility or Iiability in this transaction. RECOMMENDATION The City Council adopt Resolution No. 6644 approving atax-exempt bond financing to be issued by the California Statewide Communities Development Authority to benefit Methodist Hospital of Southern Califomia. Attachment -Resolution No. 6644 3 RESOLUTION NO. 6644 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING ATAX-EXEMPT BOND FINANCING TO BE ISSUED BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO BENEFIT METHODIST HOSPITAL OF SOUTHERN CALIFORNIA WHEREAS, Methodist Hospital of Southern California, a nonprofit public benefit corporation, has requested that the California Statewide Communities Development Authority (the "Authority") issue revenue bonds, in one or more series, in an aggregate principal amount not to exceed $330,000,000 (the "Bonds") for the purpose of, among other things, financing and refinancing the acquisition, _ __ construction, improvement and equipping (the "Financing") of certain fiealth facilities (the "Facilities") owned or operated by Methodist Hospital of Southern California (the "Corporation") and located in the City of Arcadia, California (the "City"); and WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (thee "Code"), the issuance of the Bonds by the Authority must be approved by the City because the Facilities are located within the territorial limits of the City; and WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the applicable elected representatives required to approve the issuance of the Bonds under Section 147(f j of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 9 of the Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this 2 Resolution constihrte approval of the Financing and the issuance of the Bonds by the Authority for the purposes of (a) Section 147(fJ of the Code by the applicable elected representative of the govenunental unit having jurisdiction over the area in which the Facilities are to be located, in accordance with said Section 147(f) and (b) Section 9 of the Agreement. The costs of issuance for the Financing shall include reasonable costs and fees intoned by the City in facilitating and assisting in the Financing. SECTION 2. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the financing transaction approved hereby. SECTION 3. Notwithstanding any other term or provision set forth in this Resolution, the adoption of this Resolution does not, and shall not be deemed to, constitute approval by the City of any plans and specifications for the Facilities, or of any lease or amendment of lease of City owned property that might be necessary for purposes of the Financing or the Facilities. SECTION 4. This Resolution shall take effect immediately upon its adoption. 3 SECTION 5. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 4 "'~&bB.Sff''~~° STAFF REPORT Development Services Department September 16, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director ELK By: Jim Kasama, Community Development Administrator Prepared by: Lisa L. Flores, Senior Planner ~° SUBJECT: Consideration of Taut Amanrlmon4 ni., nn_nd ~.,,s..,, Recommendation: Introduce Ordinance No. SUMMARY The Development Services Department is recommending approval of twelve (12) text amendments to the Arcadia Municipal Code, including eleven (11) text amendments to Article IX Zoning Regulations and Provisions and an amendment to Section 4630.2 to Article IV regarding Hours of Operation for Gardeners and Landscapers to the Noise Regulations. These Amendments are considered "clean-up" and streamlining of our existing ordinances. Th`e, amehdments are based primarily on the Staff`and Planning Commission's experiences with issues raised and are designed to provide efficiency in our land use regulations. On August 26, 2008, the Planning Commission considered the proposed text amendments and recommended one change to the hours of operations for gardeners and landscapers (refer to Item no. 11) that the hours should be limfted on Sunday from 9:00 a.m. to 5:00 p.m. instead of from 7:00 a.m. to 7:00 p.m. The proposed recommendation has been amended and is reflected in the proposed Ordinance. There was no opposition to the proposal. The Planning Commission voted 3-0 recommending.approval of Text Amendment No. 08-04. DISCUSSION A summary of the proposed changes are set forth below. The attached text amendments show the existing text to remain in normal type, and the new language appears in "red" with strikeouts on the omitted language. A. Entry Requirements The entry height on a building in asingle-family or multi-family residential zone is limited to 14'-0" in height. Although this requirement has alleviated tall front porches, it does not address bulky, protruding. entries and restricts some architectural styles due to the broad application of the term "entry". The wording of this regulation•is not achieving the intended results and the Code is vague as to whether all entries should be regulated as such orjust front entries. Staff feels that the design of entries can.. be regulated through Design Review with the exception of the 14'-b" maximum height. This specification should remain in the Code. Since Planning Staff is clearly concerhed with the front entries arid. not all entries, the regulation has been amended to only apply to porches that face a street. A porch has also been re-defined to allow a broader range of architectural styles while still prohibiting the sort of massive entries that were permitted prior to 2003. The proposed new regulation is attached as .Item No. 1. B. Accessory Buildings The existing single-family regulations currently limit the amount of detached and attached accessory buildings to not more than.50% of the ground floor living area of the main dwelling. Staff is mostly concerned with the amount of detached accessory buildings that are located in the rear yard area and not attached accessory features such as porches and patios. The text has been amended to only apply the 50% limit to detached accessory buildings. Refer to Item No. 2 for the proposed new regulations. C. Driveways The Code currently does-not restrict the number of driveways a property owner can have on each lot, and a driveway is not required to lead into a garage or carport. The proposal is to only allow one driveway on each lot and up to two driveways for an approved circular driveway, and that a driveway musYlead to a TA 08-04/Ord. No. 2246 September 16, 2008 Page 2 required garage space or carport. Refer to Item No. 3 for the proposed new regulations. D. Corner Lots -Indentation/Projection Requirement Eliminate the requirement that when a second story has a flat building wall of 25'- 0" in length, an indentation or projection of 2'-0" in depth and 6'-0" in width must be provided to provide shade, shadow, and visual relief. Staff feels that this issue can be handled through Design Review, which provides for more flexibility to determine how much visual relief is needed on a blank wall based on the architectural style of the house. Refer to Item No. 4 for the deletion of this requirement. E. Exterior Lighting in Single-Family and Multi-Family Residential Zones Currently, the Code limits exterior lighting to 15'-0" in height on an exterior wall or structure, as measured from the adjacent finished floor level. This requirement does not clearly address second floor lights for balconies or decks. Therefore, item No. 5 proposes a new requirement to address this issue, by allowing a light fixture adjacent to second story exterior doors on the wall at a maximum height of 8'-0" above the finished second floor level. Equipment and Facilities The Code currently does not address tankless water heaters. Since the equipment is compact in size and it is not like a traditional water heater cabinet on grade, Staff believes that tankless water heaters can be treated like an architectural feature since the protrusion from the wall is minimal, and it should be addressed in the Code due to its growing popularity. Staff is proposing Item No. 6 to allow tankless water heaters to encroach thirty (30) inches into any required interior' side or rear yard setback provided that a minimum setback of 4'- 0" is maintained. G. Nonconforming Uses and Structures This proposal is to address nonconforming uses and structures in the R-O, R-1, and R-2 zones since the requirements are currently only addressed in the R-3 zone. The requirements are also being changed to allow a nonconforming use to be expanded through the approval of a Modification application, and to allow an addition to a nonconforming building if the new portion of the structure complies with the current zoning regulations. The revised provision is attached as Item No. 7. TA 08-04/Ord. No. 2246 September 16, 2008 Page 3 H. Fence Regulations in Residential Zones When the fence regulations were amended in 2004, it was Staffs intention to prohibit chain link, corrugated fiberglass, bamboo fencing, and wire type fencing everywhere on a property. However, it was only mentioned under the front yard section of the fence.. regulations. As a result, Item No. 8 is proposed to prohibit such fencing in the corner lots, side, and rear yard areas of the fence regulations. Prohibit Health Clubs in the M-1 and M-2 Zones Currently, the Code permits a health club in an industrial zone, subject to a Conditional Use Permit. After much discussion on this issue, Members of the Planning Commission and City Council opined that a health club is an inappropriate use in an industrial zone, and incompatible with the surrounding uses typically. Therefore, Staff is proposing Item No. 9 to prohibit health clubs in the M-1 and M-2 zones. J. Off-Street Parking Requirements for a Health. Club The existing parking regulation for health clubs was intended for, clubs that were less than 10,000 square feet and could comply with this requirement. It was not until after 2005 when the City reviewed health clubs that were larger than 35,000 square feet that Staff determined the current requirement could not realistically be applied to a facility of this size because the partcing requirement did not anticipate this type of facility. The proposal is to change the off-street parking requirements for a health club from 1 parking space for every. 35 square feet of gross floor area in workout areas to 1 parkirg space for every,100 square feet of gross floor area in all workout areas for health clubs that are less than 3,000 square feet, and that the parking requirements for health clubs that are larger than 3,000 square feet be determined hrough the Conditional Use Permit process based on their unique needs. Refer to Item No. 10 for new requirements. K. Hours of Operation -Gardeners and Landscapers The Code only addresses the hours of operation for construction. On several occasions, the, City has received complaints from residents that gardeners or landscapers operate their equipment before 7:00 a.m. To be able to enforce this issue, Staff is proposing Item No. 11 to limit the hours of operation on gardening and landscaping service from 7:00 a.m. to 7:00 p.m., everyday withih all residential zones. The Planning Commission modifred this recommendation fo 7:00 a.m. to 7:00 p.m., Monday through Saturday, a»d from 9:00 a.m. to 5:00 p.m. on Sundays within al! residential zones. TA 08-04/Ord. No. 2246 September 16, 2008 Page 4 L. Additional Items to the Administrative Modification list The following items are proposed by Item No. 12 to be eligible for Administrative Modifications, which are not subject to a hearing, but require the consent of adjoining neighbors. 1. Setbacks for mechanical and plumbing equipment Currently, setback modifications for mechanical and plumbing equipment are not listed under the Administrative Modification section of the Code. Staff believes such modifications are minor and do not warrant a public hearing before the Modification Committee, as long as the adjoining neighbors consent to the modification request. 2. Interior side yard setbacks for detached accessory structures (with the exception of guest houses/accessory living quarters) in the single-family zones. Currently, interior side yard setback modifications for single-story additions to an existing dwelling in the R-M, R-0, and R-1 zones are eligible for the administrative modification process. However, the Code does not address interior side yard setback modifications for detached accessory buildings. Such modifications typically have a lesser impact than setback modifications for an addition to the main dwelling since accessory buildings are usually located toward the rear of the property and are limited in size. Therefore, staff is proposing that interior side yard setback modifications for accessory buildings (recreation rooms, pool houses, tool sheds) be processed administratively. Modifications for guest houses would still be required to go before the Modification Committee. 3. Rebuild of Single-family Dwellings A "rebuild" occurs when more than 50 percent of the exterior walls of an existing structure are removed, repaired, or altered. -According to the single-family residential zoning regulations, rebuilds must meet all current code requirements. In staff's opinion, an applicant should be able to get approval to repair, refinish, or replace the existing nonconforming portions of a dwelling administratively without going through a public hearing process; provided, however, that all new portions of the project comply with all current code requirements. This is already a written policy on this issue that staff would like to incorporate into the Code. TA 08-04/Ord. No. 2246 September 16, 2008 Page 5 ENVIRONMENTAL ANALYSIS The proposed text amendments are exempt from the requirements of the California Envi[onmental Quality Act (CEQA). 'There is no possibility that the text amendments will have a significant effect on the environment under Section 15061(b)(3) of the CEQA Guidelines, and this text amendment does not constitute a "project" under Section 15378(b)(2) of the CEQA Guidelines. FISCAL IMPACT The proposed text amendment will have no direct fiscal impact. RECOMMENDATION It is recommended that the City Council: Introduce Ordinance No. 2246: An Ordinance of the City Council of the City of Arcadia; California amending the Arcadia Mynicipal .Code by adding Section 4630.2 to Article IV regarding Hours of Operation for Gardeners and Landscapers to the Noise Regulations, and amending various regulations of Article IX (Zoning Regulations and General Provisions). Approved By: ~s-aZ~~a,~J Donald Penman, City Manager Attachments: l) Proposed Text Amendments Item Nos. 1-12 2) Ordinance No. 2246 3) Preliminary Exemption Assessment TA 08-04/Ord. No. 2246 September 16, 2008 Page 6 ENTRY HEIGHT AMC Section 9251.2.1, Exception 1; 9252.2.1, Exception 1; 9253.2.3, Exception; 9255.2.2, Exception. BUILDING HEIGHTS. Porches facing a street shall not exceed fourteen (14) feet in height as measured from the adjacent finished grade. A "porch" is defined as any covered area at a building entrance, whether it is a projecting feature with a separate cover, or a recessed area behind the building wall. For projecting porches, the height shall be measured to the uppermost point of the projecting fea#ure, including roof ridges, railings, cornices, and other decorative features. For recessed porches, the height shall be measured to the uppermost point of the opening. Item No. 1 ACCESSORY BUILDINGS AMC Section 9251.2.9.1. ACCESSORY BUILDINGS. REGULATIONS. R-0 0 .Accessory buildings, except for Accessory Living Quarters/Guest Houses are not to be used as dwelling units. The required front and side yard setbacks for accessory buildings shall be the same as those specified for main dwellings in this Division and shall not have more than one (1) story and shall not exceed sixteen (16) feet in height. Accessory buildings shall not occupy more than twenty-five percent (25%) of a required rear yard and shall not be located within three (3) feet of a rear lot line nor within ten (10) feet of another building. Accessory buildings utilized for occupancy shall not be located within ten (10) feet of a rear lot line. An accessory building other than an Accessory Living Quarters/Guest House shall not contain more than one (1) room and athree-quarter (3/<) bathroom. The total floor area of detached _ accessory building(s), .not. including Accessory Living Quarters/Gust Houses shall not exceed fifty percent (50%) of the ground floor area of the main dwelling. AMC Section 9252.2.9.1. ACCESSORY BUILDINGS. REGULATIONS R-1 Item No. 2 0 Accessory buildings, except for Accessory Living Quarters/Guest Houses are not to be used as dwelling units. The required front and side yard setbacks for accessory buildings shall be the same as those specified for main dwellings in this Division and shall not have more than one (1) story and shall not exceed sixteen (16) feet in height. Accessory buildings shall not occupy more than twenty-five percent (25%) of a required rear yard and shall not be located within three (3) feet of a rear lot line nor within ten (10) feet of another building. An accessory building other than an Accessory. Living Quarters/Guest House shall not contain more than one (1) room and athree- quarter ('/) bathroom. The total floor area of detached accessory building(s), not including Accessory Living Quarters/Guest Houses shall not exceed fifty percent (50%) of the ground floor area of the main dwelling. 0 Item No. 2 DRIVEWAYS DEFINITION AMC Section 9220.18.4 -DRIVEWAY A driveway is a paved area that provides vehicle access from a public right-of- way to arequired garage space or carport. R-M Zone AMC Section 9250.3.7 DRIVEWAY A driveway is a paved area that provides vehicle access from a public right-of- way to arequired garage. space or carport. Only one driveway may be permitted for each lot. This number may be increased to .two for an approved circular driveway. Said driveway shall.; have not less than ten (10) feet of unobstn~cted vertical clearance. Said driveway shall not exceed a maximum slope of ten percent (10%). Pedestrian walkways and driveways shall not occupy more than forty percent (40%) of the required front yard or required street-side yard setback. Materials.- Ail parking areas and driveway shall be paved with cement concrete. Other paving materials, including brick may be substituted with approval by the Community Development Administrator through Single Family Architectural Design Review. R-O and R-1 Zones AMC Section 9251.2.6.1 and 9252.2.6.1 DRIVEWAY A driveway is a paved area that provides vehicle access from a public right-0f-way to a required garage space or carport. Only one driveway may be permitted for each residential lot. This number may be increased to two for an approved circular driveway. -The driveway shall not be less than nine (9) feet in ,. width. Pedestrian walkways and driveways. shall not occupy more than forty percent (40%) of the required front yard or street side yard setback. Materials -. All parking areas and driveway shall be paved with cement concrete. Other paving materials, including brick may be substituted with approval by the Community Development Administrator through Single Family Architectural Design Review. Item No. 3 AMC Section 9251.2.6.# 2 and 9252.2,6.x- 2 CIRCULAR DRIVEWAYS Lots with street frontage of 75'-0" or greater are eligible for circular driveways. On lots with more than one (1) street frontage, a circular driveway shall be located on the street frontage that is 75'-0" or greater; provided, however, that not more than one circular driveway shall be allowed for any one lot. The circular driveway shall not be less than nine (9) feet in width, and have a width greater than fifteen (15) feet and the furthest point from the street shall be a minimum of twenty-five (25) feet measured perpendicular from the property line at the right-of-way to the furthest distance of the inside edge of the circular driveway. Pedestrian walkways and driveways shall- not occupy more than forty percent (40%) of the required front yard or required street side yard setback. Materials -All parking areas and driveway shall be paved with cement concrete. Other paving materials, including brick may be substituted with the approval by the Community Development Administrator through Single Family Architectural Design Review. Exception: The Modification Committee upon appeal, pursuant to the modification regulations may grant a modification to allow a circular driveway on a lot with street frontage of less than 75'-0". Item No. 3 INDENTATION/PROJECTION REQUIREMENT AMC Section 9251.2.3.1 SIDE YARD. CORNERLOT. On corner lots the required side yard setback adjoining the interior-lot shall be as specffied in Section 9251.2.3. The required side yard setback on the street- side of a corner lot shall not be less than twenty (20) feet, unless a greater setback is specified in. Chapter 3 of this Article. Any portion of a sirigle story in excess of twelve (12) feet high and/or any portion of a second story including second story architectural features and walls shall be set back not less•than twenty (20) feet or twenty percent. (20%) of the width of the lot as measured at the. front property; whichever is greater; unless a greater setback is specified in Chapter 3 of this Article. The lot width for determining setbacks on lots with more than fifty percent (50%) frontage on a cul-de-sac terminus shall be measured at the required building setback line. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of building eaves shall not project into the required setback. AMC Section 9252.2.3.2. SIDE YARDS. REVERSE CORNER LOT. On reverse corner lots the required side yard adjoining the interior lot shall be as specified in Section 9251.2.3. The required side yard on the street side of a reverse corner lot shall be not less than twenty-five (25) feet, unless a greater setback is specified in Chapter- 3 of this Article. Any portion of a single story in excess of twelve (12) feet high measured from the adjacent finished grade to the top. plate and/or any portion of a second story including second story including second story architectural features 'and walF shall be setback twenty (20) feet or twenty percent (20%) of the width of the lot as measured at the front property Item No. 4 line, whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation and its intersection with the street side property line. Architectural projections, with the exception of building eaves shall not project into the required setback. The lot width for determining setbacks on lot with more than fifty percent (50%) frontage on a cul-de-sac terminus shall be measured at the required front setback line. Item No. 4 EXTERIOR LIGHTING AMC Section 9251.2.16; 9252.2.15; 9253.2.20; and 9255.2.20 -EXTERIOR LIGHTING Exterior lighting; shall. be hooded and arranged to reflect away from adjoining properties and streets, Light standards shall comply with the provisions for accessory buildings grid exterior light fixtures may be mounted on any exterior wall or structure at a maximum of fifteen feet (15') above the adjacent finished floor level ~e level Exception: A light fixture adjacent to a second story balcony, deck, or exterior doors may be mounted on the wall, at a maximum height of 'eight feet (8') above the fihished floor level. Item No. 5 EQUIPMENT AND FACILITIES AMC Section 9250.3.1.1; 9251.2.1.1; 9252.2.1.1; 9253.2.18; and 9255.2.18 - EQUIPMENT AND FACILITIES. Mechanical and plumbing equipment including but not limited to ventilation fans, heating, cooling and air conditioning equipment, water heaters, cooling and air conditioning equipment, water heaters, spa and pool equipment and any other similar equipment shall not exceed the height limit prescribed in this Chapter and shall be screened from the street or placed on the roof below the ridge line out of view from the street(s). Said equipment shall not be located within any required front or side yard setback, and shall not be set back less than three (3) feet from the rear lot line. Exception: Tankless water heaters may encroach thirty inches (30") into any required interior side or rear yard provided that a minimum setback of four (4) feet is maintained. Item No. 6 NON-CONFORMING USES AND STRUCTURES AMC Section 9251.1.7; 9252.1.7; and 9253.1.7= NONCONFORMING USES AND STRUCTURES. Nonconforming Use - A nonconforming use may be maintaihed and continued. Alterations or expansions may be allowed upon the. approval of a Modification in accordance with the provisions of Section 9291.1 et seq. of the Arcadia Municipal Code. Nonconforming. Building - A nonconforming building may be maintained and continued; provided there is no physical change other than necessary maintenance and repair to the structure. An addition or alteration is permitted if the new or altered portions of the building comply with current applicable zoning regulations, or may be allowed upon the approval of a Modification in accordance with provisions of Sections 9292.1 et seq. of the Arcadia Municipal Code. Modifications: 9292.1.4 AUTHORITY. 17. Alterations and/or Expansion of nonconforming uses:-la in any residential zone. o~~~ , ,. o~~ dwe8iacfea4lae-lei ; Item No. 7 9250.3.16.1 FENCES, WALLS AND GATES. CORNER LOTS. On corner lots, fences, walls, and gates within the required street side yard setback or special setback are permitted up to six (6) feet in height, measured at the street side property line, except as restricted by Section 9250.3.16.3, Intersection Visibility. Said fences, walls, and gates shall be setback a minimum of eighteen (18) inches from the street side property line. The area between the street side property line and the fence shall have an appropriate irrigation system and decorative landscaping (i.e. shrubs, ground cover, flowers, plants, etc.). No spears (i.e. apache, aristocrat with crushed spears, or any spear-like features) shall be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. EXCEPTION: When there is a full landscaped parkway with no sidewalk a fence, wall, and gate, excluding entry gate(s), may be placed adjacent to the street side property line. 9250.3.16.2 FENCES, WALLS, - AND GATES. SIDE AND REAR YARDS. Fences, walls, and gates located within a required side and/or rear yard area(s) are permitted up to six (6) feet in height; provided that no portion of any such fence, wall, or gate extends into the front yard area. No spears (i.e. apache, aristocrat with crushed spears, or any spear-like features) shall be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. Measurement of a fence or wall heicht. The fence or wall height shall be measured from the lowest adjacent grade to the uppermost part of the fence or wall (refer to Figure 4). Figure 4 When there is a difference in grade between properties a wall or fence is permitted up to six (6) feet in height adjacent to the rear and side property lines if said wall or fence maintains a minimum setback that is equal to the difference in grade between the properties. When there is no difference in grade between properties, a wall shall comply with the height limitations unless it complies with the setbacks required for an accessory building (refer to Figure 5). Item No. 8 R-M Zone Figure 5 Figure 6 EXCEPTION: If the grade has been altered due to previous grading, the finished grade shall be subject to review and approval by the Development Services Director or designee. 9250.3.16.3 FENCES, WALLS, AND GATES. FLAG LOTS. A fence or wall may be permitted in the front yard and driveway area, provided that it does not exceed four (4) feet in height. When a fence or wall. is located within the front yard of a flag lot and the front property line of that flag lot abuts the rear` property line of an adjacent lot, it may be permitted up to six ((i) feet in height (see Figure 6). - No spears (i.e. apache, aristocrat with crushed spears, or ariy spear-like features) shall be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire .type fencing are not permitted. Item No. 8 R-M Zone 9251.2.13.2. FENCES, WALLS AND GATES. CORNER LOTS. On corner lots, fences, walls, and gates within the required street side yard setback or special setback are permitted up to six (6) feet in height, measured at the street side property line, except as restricted by Section 9251.2.13, Intersection Visibility. Said fences, walls, and gates shall be setback a minimum of eighteen (18) inches from the street side property line. The area between the street side property line and the fence shall have an appropriate irrigation system and decorative landscaping (i.e. shrubs, ground cover, flowers, plants, etc.). EXCEPTION: When there is a full landscaped parkway with no sidewalk a fence, wall, or gate, excluding entry gate(s), may be placed adjacent to the street side property line. No spears (i.e. apache, aristocrat with crushed spears, or any spear-like features) shall be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. 9251.2.13.2 FENCES, WALLS, AND GATES. SIDE AND REAR YARDS. Fences, walls, and gates located within a required side and/or rear yard area(s) are permitted up to six (6) feet in height; provided that no portion of any such fence, wall, or gate extends into the front yard area. Measurement of a fence or wall heis~ht. The -fence or wall height shall be measured from the lowest adjacent grade to the uppermost part of the fence or wall (refer to Figure 4). Figure 4 When there is a difference in grade between properties a wall or fence is permitted up to six (6) feet in height adjacent td the rear and side property lines if said wall or fence maintains a minimum setback that is equal to the difference in grade between the properties. When there is no difference in grade between properties, a wall shall comply with the height limitations unless it complies with the setbacks required for an accessory building (refer to Item No. 8 R-O Zone Figure. 5). Figure 5 EXCEPTION:- If the grade has been altered due to previous grading, the finished grade. shall be subject to review and approval by the Development Services Director or designee. No spears (i.e. apache, aristocrat with crushed spears, or any spear-like features) shall be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. 9251.2.12.4 FENCES, WALLS, AND GATES. FLAG LOTS. A fence or wall may be permitted in the front yard and driveway area, provided that it does not exceed four (4) feet in height. When a fence or wall is located within the front yard of a flag -lot and the front property line of that flag lot abuts the rear property line of arr adjacent lot, it may be permitted up to six (6) feet in height (see Figure 6), ,, No spears (i.e. apache, aristocrat with crushed spears, or any spear-like features) shall.. be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass,, bamboo fencing, and wire type fencing are not permitted. Item No. 8 R-O Zone 9252.2.12.2 FENCES, WALLS, AND GATES. CORNER LOTS. On corner lots, fences, walls, and gates within the required street side yard setback or special setback are permitted up to six (6) feet in height, measured at the street side property line, except as restricted by Section 9252.2.13, Intersection Visibility. Said fences, walls, and gates shall be setback a minimum of eighteen (18) inches from the street side property line. The area between the street side property line and the fence shall have an appropriate irrigation system and decorative landscaping (i.e. shrubs, ground cover, flowers, plants, etc.). No spears {i.e. apache, aristocrat with crushed spears, or any spear-like features) shall be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. EXCEPTION: When there is a full landscaped parkway with no sidewalk a fence, wall, or gate, excluding entry gate(s), may be placed adjacent to the street-side property line. 9253.2.12.3 FENCES, WALLS, AND GATES. SIDE AND REAR YARDS Fences, walls, and gates located within a required side and/or rear yard areas are permitted up to six (6) feet in height, provided that no portion of any such fence, wall, or gate extends into the required front yard area. No spears (i.e. apache, aristocrat with crushed spears, or any spear-like features) shall be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. Measurement of a fence or wall height. The -fence or wall height shall be measured from the lowest adjacent grade at the base to the uppermost part of the fence or wall (see Figure 4). Figure 4 When there is a difference in grade between properties a wall is permitted up to six (6) feet in height adjacent to the rear and 'side property lines if said wall maintains a minimum setback that is equal to the difference ` in grade between the properties. When there is no difference in grade between properties, a wall shall comply with the height limitations unless it complies with the setbacks required for an accessory building (refer to Figure 5). Item No. 8 R-1 Zone Figure 5 ti r EXCEPTION: If the grade has been altered due to previous grading, the finished grade shall be subject to review and approval by the Development Services Director or desighee. 9252.2.12.6 FENCES, WALLS, AND GATES. FLAG LOTS. A fence, wall, and gate .may be permitted in the front yard and driveway area, provided that it does not exceed three (3) feet in height. When a fence, wall, and gate is located within the front yard of a flag lot and the front property line of that flag lot;atiuts the rear property line. of an adjacent lot, it may be permitted up to six (6) feet in height (see Figure 6). No spears (i,e. apacfie, aristocrat with crushed spears, or any spear-like features) shall be permittetl on a fence; wall, or gate. Chain, link, corrugated fiberglass, Bamboo fencing, and wire type fencing are riot permitted. , Item No. 8 R-1 Zone 9253.2.21.2 FENCES AND WALLS. SIDE AND REAR YARD AREAS Fences and walls located within the required side and/or rear yard areas are permitted up to six (ti) feet in height, provided that no portion of any such fence, wall, and/or gate extends into the front yard area. Measurement of a fence or wall heioht. The fence or wall height shall be measured from the lowest adjacent grade at the base to the uppermost part of the fence or wall (see Figure 3). No spears (i.e. apache, aristocrat with crushed spears, or any spear-like features) shall be permitted on a fence or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. Figure 3 When there is a difference in grade between properties a wall is permitted up to six (6) feet in height adjacent to the rear and side property lines if said wall maintains a minimum setback that is equal to the difference in grade between the properties. When there is no difference in grade between properties, a wall shall comply with the height limitations unless it complies with the setbacks required for an accessory building (refer to Figure 4). Figure 4 EXCEPTION: If the grade has been altered due to previous grading, the finished grade shall be subject to review and approval by the Development Services Director or designee. 9253.2.21.3 FENCES, WALLS AND GATES. CORNER LOTS. On corner lots, fences, walls, and gates within the required street side yard or special setbacks area are permitted up to six (6) feet in height, measured at the street side property line, except as restricted by Section 9255.2.21.4, Intersection Visibility. Said fences, walls, and gates shall be setback a minimum of eighteen (18) inches from the street side property line. The area between the street side property line and the fence shall be landscaped with an appropriate irrigation system. Item No. 8 R-2 Zone All fences, walls, or 'gates, including height; design,, and location within the required street side yard setback or:special'settiack area shall be subject to Architectural Design Review. , No spears (i.e. apache, aristocrat with. crushed spears, or any spear-like features) shall be permitted on a fence or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. Item No. 8 R-2 Zone 9255.2.21.1 FENCES, WALLS AND GATES. CORNER LOTS. On corner lots, fences, walls, and gates within the required street side yard setback or special setback area are permitted up to six (6) feet in height, measured at the street side property line, except as restricted by Section 9255.2.21.3, Intersection Visibility. Said fences, walls, and gates shall be setback a minimum of eighteen (18) inches from the street side property line. The area between the street side property line and the fence shall be landscaped with an appropriate irrigation system. All fences, walls, or gates, including height, design, and location within the street side yard setback or special setback area shall be subject to Architectural Design Review. No spears (i.e. apache, aristocrat with crushed spears, or any spear-like features) shall be permitted on a fence or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. 9255.2.21.2 FENCES AND WALLS. SIDE AND REAR YARD AREAS. Fences and walls located within the required side and rear yard areas are permitted up to six (6) feet in height. Measurement of a fence or wall height. The fence or wall height shall be measured from the lowest adjacent grade at the base to the uppermost part of the fence or wall (see Figure 3). Figure 3 When there is a difference in grade between properties a wall is permitted up to six (6) feet in height adjacent to the rear and side property lines if said wall maintains a minimum setback that is equal to the difference in grade between the properties. When there is no difference in grade between properties, a wall shall comply with the height limitations unless it complies with the setbacks required for an accessory building (refer to Figure 4). Figure 4 EXCEPTION: If the grade has been altered due to previous grading, the finished grade shall be subject to review and approval by the Development Services Director or designee. Item No. 8 Rti3 Zone No .spears (i.e. apache, aristocrat with crushed spears, or any spear-like features) shall be permitted on a fence or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. Item No. 8 R-3 Zone HEALTH CLUBS PROHIBITED IN THE M-1 AND M-2 ZONES Amending the Conditional Uses regulation to not allow a health club or fitness center in any industrial zones, and adding CBD. AMC Section 9275.1.49.1 Health Clubs CPD-1, CBD, and C-1 or any less restrictive commercial e~ia~-st~ialzone. Item No. 9 PARKING REGULATIONS AMC Section 9269.5. OFF-STREET PARKING REQUIREMENTS. Health I Fitness Centers Use Parking Spaces Required Health Clubs, Fitness Centers, Indoor Athletic 1 space per 100 sq. ft. of gross floor Facilities and Exercise, Dance/Gymnasium area in all workout areas Studios up to 3,000 square feet of gross floor area: Greater than 3,000 square feet of gross floor Required parking spaces to be area: determined through an approved Conditional Use Permit. Item No. 10 HOURS OF OPERATION FOR GARDENERS AND LANDSCAPERS AMC Section 4630.2 NOISE, GARDENING AND LANDSCAPING. No person shall operate any mechanical equipment related to the gardening and/or landscaping of any property within a residential zone from 7:00 a.m. to 7:00 p.m., Monday through Saturday, and from 9:00 a.m. to 5:00 p.m. on Sundays. Item No. 11 ADMINISTRATIVE MODIFICATIONS AMC Section 9292.2.3 AUTHORITY Administrative .Modification as may be necessary to secure an appropriate improvement may be granted upon the approval of the Planning Division: The Planning Division shall have the authority to approve, conditionally approve or deny modifications of the following: 1. Rear yard setbacks; 2. Distance between buildings; 3. Special setbacks; 4. Setbacks for mechanical and plumbing equipment; 5. Fence and wall heights along the side and rear property lines except along the street side of a corner lot; 6. Interior side yard setbacks for detached accessory structures (with the exception of guest houses/accessory living quarters) in the R-M, R-0 and R-1 zones; 7. Interior side yard setbacks for single-story additions to an existing dwelling in the R-M, R-0 and R-1 zones, where the portion of said addition(s) which does not comply with the setback requirements consists of a total of thirty (30) linear feet or less and maintain(s) the same or greater setback than the existing building walls; and provided, that a minimum interior side yard setback of three (3) feet in the R-1 and five (5) feet in the R-0 zones is maintained; 8. The rebuild of single-family dwellings, provided that the new portions of the project comply with current code requirements. Item No. 12 ORDINANCE NO. 2246 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A NEW SECTION 4630.2 TO ARTICLE IV (NOISE REGULATIONS) REGARDING HOURS OF OPERATION FOR GARDENERS AND LANDSCAPERS AND AMENDING AND ADDING VARIOUS SECTIONS TO ARTICLE IX (ZONING REGULATIONS AND GENERAL PROVISIONS) THE CITY COUNCIL OF THE CITY OF ACADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 9251.2.1, Exception 1, 9252.2.1, Exception 1, 9253.2.3 and 9255.2.2~of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code are hereby amended in their entirety to read as follows: "9251.2.1. BUILDING HEIGHT. Exceptions: 1. Porches facing a street shall not exceed fourteen (14) feet in height as measured from the adjacent finished grade. A "porch" is defined as any covered area at a building entrance, whether it is a projecting feature with a separate cover, or a recessed area behind the building wall. For projecting porches, the height shall be measured to the uppermost point of the projecting feature, including roof ridges, railings, cornices, and other decorative features. For recessed porches, the height shall be measured to the uppermost point of the opening." i "9252.2.1. BUILDING HEIGHT Exceptions: 1. Porches facing a street shall not exceed fourteen (14) feet in height as measured from the adjacent finished grade. A "porch" is defined as any covered area at a building entrance, whether it is a projecting feature with a separate cover, or a recessed area behind the building wall. For projecting porches, the height shall be measured to the uppermost point of the projecting feature, including roof ridges, railings, cornices, and other decorative features. For recessed porches, the height shall be measured to the uppermost point of the opening." "9253.2.3. BUILDING HEIGHT. EXCEPTION. Porches facing a street shall not exceed fourteen (14) feet in height as measured from the adjacent finished grade. A "porch" is defined as any covered area at a building entrance, whether it is a projecting feature with a separate cover, or a recessed area behind the building wall. For projecting porches, the height shall be measured to the uppermost point of the projecting feature, including roof ridges, railings, comices, and other decorative features. For recessed porches, the height shall be measured to the uppermost point of the opening." "9255.2.2. BUILDING HEIGHT. EXCEPTION. Porches facing a street shall not exceed fourteen (14) feet in height as measured from the adjacent finished grade. A "porch" is defined as any covered area at a building entrance, whether it is a projecting feature with a separate cover; or a recessed area behind the building wall. For projecting porches, the height shall be measured to the uppermost point of the projecting feature, including roof ridges, railings, cornices, and other decorative features. For recessed porches, the height shall be measured to the uppermost point of the opening." z SECTION 2. Section 9251.2.9.1 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: "9251.2.9.1. ACCESSORY BUILDINGS. REGULATIONS. Accessory buildings, except for Accessory Living Quarters/Guest Houses are not to be used as dwelling units. The required front and side yard setbacks for accessory buildings .shall be the same as those specified for main dwellings in this Division and shall not have more than one (1) story and shall not exceed sixteen (16) feet in height. Accessory buildings shall not occupy more than twenty-five percent (25%) of a required rear yard and shall not be located within three (3) feet of a rear lot line nor within ten (10) feet of another building. Accessory buildings utilized for occupancy shall not be located within ten (10) feet of a rear lot line. An accessory building other than an Accessory Living QuarterslGuest House shall not contain more than one (1) room and athree-quarter (3/4) bathroom. The total floor area of detached accessory building(s), not including Accessory Living Quarters/Guest Houses shall not exceed fifty percent (50%) of the ground floor area of the main dwelling." SECTION 3. Section 9252.2.9.1 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9252.2.9.1. ACCESSORY BUILDING REGULATIONS. Accessory buildings, except for Accessory Living Quarters/Guest Houses are not to be used as dwelling units. The required front and side yard setbacks for accessory buildings shall be the same as those specified for main dwellings in this Division and shall not have more than one (1) story and shall not exceed sixteen (16) feet in height. Accessory buildings shall not occupy more than twenty-five percent (25%) of a required rear yard and shall not be located within three (3) feet of a rear lot line nor within ten (10) feet of another building. An 3 accessory building other than an Accessory Living Quarters/Guest House shall not contain more than one (1) room and. athree-quarter ('/4) bathroom. The total floor area of detached accessory building(s), not including Accessory Living Quarters/Guest Houses shall not exceed fifty percent (50%) of the ground floor area of the main dwelling." SECTION 4. Section 9220.18.4 is added to Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9220.18.4. DRIVEWAY. A driveway is a paved area that provides vehicle access from a public right-of--way to a parking area or garage." SECTION 5. Section 9250.3.7 of Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9250.3.7. DRIVEWAY. A driveway is a paved area that provides vehicle access from a public right-of--way to.a parking area or garage. Only one driveway may be permitted for each lot. This number'may be increased to two for an approved circular driveway. Said driveway shall have not less than ten (10) feet of unobstructed vertical clearance: Said driveway shall not exceed a maximum slope often percent (10%). Pedestrian walkways and driveways shall not occupy more than forty percent (40%) of the required front yard or required street-side yard setback. Materials -All parking areas and driveway shall, be paved with cement concrete. Other paving materials; including brick may be substituted with approval by the Community Development Administrator through Single Family Architectural Design Review." 4 SECTION 6. Sections 9251.2.6.1 and 9252.2.6.2 of Article IX, Chapter 2, Part 2 of the Arcadia Municipal Code are hereby amended in their entirety to read as follows: "9251.2.6.1. CIRCULAR DRIVEWAYS. Lots with street frontage of 75'-0" or greater are eligible for circular driveways. On lots with more than one (1) street frontage, a circular driveway shall be located on the street frontage that is 75'-0" or greater; provided, however, that not more than one circular driveway shall be allowed for any one lot. The circular driveway shall not be less than nine (9) feet in width, and have a width greater than fifteen (15) feet and the furthest point from the street shall be a minimum of twenty-five (25) feet measured perpendicular from the property line at the right-of--way to the furthest distance of the inside edge of the circular driveway. Pedestrian walkways and driveways shall not occupy more than forty percent (40%) of the required front yard or required street side yard setback. Materials -All parking areas and driveway shall be paved with cement concrete. Other paving materials, including brick may be substituted with the approval by the Community Development Administrator through Single Family Architectural Design Review. EXCEPTION: The Modification Committee upon appeal, pursuant to the modification regulations may grant a modification to allow a circular driveway on a lot with street frontage of less than 75'-0." "9252.2.6.2. CIRCULAR DRIVEWAYS. Lots with street frontage of 75'-0" or greater are eligible for circular driveways. On lots with more than one (1) street frontage, a circular driveway shall be located on the street frontage that is 75'-0" or greater; provided, however, that not more than one circular driveway shall be allowed for any one lot. The circular driveway shall not be less than nine (9) feet in width, and s have a width greater than fifteen (15) feet and the furthest point from the street shall be a minimum of twenty-five (25) .feet measured perpendicular from the property line at the right-of--way to the furthest distance of the inside edge of the circular driveway. Pedestrian walkways and driveways shall not occupy more than forty percent (40%) of the required front yard or required street side yazd setback. Materials -All parking areas and driveway shall be paved with cement concrete. Other paving materials, including brick may be substituted with the approval by the Community .Development Administrator through Single Family Architectural Design Review. EXCEPTION: The Modification Committee upon appeal, pursuant to the modification regulations may grant a modification to allow a circular driveway on a lot with street frontage of less than 75'-0"." SECTION 7: Section 9251.2.3:1 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9251.2.3.1. SIDE YARD. CORNER LOT. On corner lots the required side yard setback adjoining the interior lot shall be as specified in Section 9251.2.3. The required side yard setback on the street side of a corner lot shall not be less than twenty (20) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet. high and/or any portion of a second story including second story architectural features and walls shall be set back not less than twenty (20) feet or twenty percent - (20%) of the width of the lot as measured at the front property; whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. The lot width for determining setbacks on lots with more than fifty percent (50%) frontage on a cul-de-sac terminus shall be measured at the required building setback line. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation 6 and its intersection with the street side property line. Architectural projections, with the exception of building eaves shall not project into the required setback." SECTION 8. Section 9252.2.3.2 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9252.2.3.2. SIDE YARDS. REVERSE CORNER LOT. On reverse corner lots the required side yard adjoining the interior lot shall be as specified in Section 9251.2.3. The required side yard on the street side of a reverse comer lot shall be not less than twenty-five (25) feet, unless a greater setback is specified in Chapter 3 of this Article. Any portion of a single story in excess of twelve (12) feet high measured from the adjacent finished grade to the top plate and/or any portion of a second story including second story including second story architectural features and wall shall be setback twenty (20) feet or twenty percent (20%) of the width of the lot as measured at the front property line, whichever is greater, unless a greater setback is specified in Chapter 3 of this Article. No portion of any structure shall encroach through a plane projected from an angle of forty (40) degrees as measured at the ground level along the street side property line. The point shall be located at the intersection of a horizontal projection of the adjacent grade elevation .and its intersection with the street side property line. Architectural projections, with the exception of building eaves shall not project into the required setback. The lot width for determining setbacks on lot with more than fifty percent (50%) frontage on a cul-de-sac terminus shall be measured at the required front setback line." SECTION 9. Sections 9251.2.16, 9252.2.15, 9253.2.20 and 9255.2.20 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code are hereby amended in their entirety to read as follows: "9251.2.16. EXTERIOR LIGHTING. Exterior lighting shall be hooded and arranged to reflect away from adjoining propertie's and streets. Light standards shall comply with the provisions for accessory buildings and exterior light fixtures may be mounted on any exterior wall or structure at a maximum of fifteen feet (15') above the adjacent finished floor level. Exception: A light fixture adjacent to a second story balcony, deck, or exterior doors may be mounted on the wall at a maximum height of eight feet (8') above the finished floor level." "9252.2.15, .EXTERIOR LIGHTING. Exterior lighting shall be hooded and arranged to reflect away from adjoining properties and streets. Light standards shall comply with the provisions for accessory buildings and exterior light fixtures may be mounted on any exterior wall or structure at a maximum of fifteen feet (15') above the adjacent finished floor level. Exception: A light fixture adjacent to a second story balcony, deck, or exterior doors may be mounted on the wall at a maximum height of eight feet (8'} above the finished floor level." "9253.2.20. EXTERIOR LIGHTING. Exterior lighting shall be hooded and arranged to reflect away from adjoining properties and streets. Light standards shall comply with the provisions for accessory buildings and exterior light fixtures may be mounted on any exterior wall or structure at a maximum of fifteen feet (15') above the adjacent finished floor level. Exception: A light fixture adjacent to a second story balcony, deck; or exterior doors may be mounted on the wall at a maximum height of eight feet (8') above the finished floor level." "9255.2.20. EXTERIOR LIGHTING. Exterior lighting shall be hooded and arranged to reflect away from adjoining properties and streets. Light standards shall comply with the provisions for accessory buildings and exterior light fixtures may be mounted on any exterior wall or structure at a maximum of fifteen feet (15') above the adjacent finished floor level. 8 Exception: A light fixture adjacent to a second story balcony, deck, or exterior doors may be mounted on the wall at a maximum height of eight feet (8') above the finished floor level." SECTION 10. Sections 9250.3.1.1, 9251.2.1.1, 9252.2.1.1, 9253.2.18 and 9255.2.18 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code are hereby amended in their entirety to read as follows: "9250.3.1.1. EQUIPMENT AND FACILITIES. Mechanical and plumbing equipment including but not limited to ventilation fans, heating, cooling and air conditioning equipment, water heaters, cooling and air conditioning equipment, water heaters, spa and pool equipment and any other similar equipment shall not exceed the height limit prescribed in this Chapter and shall be screened from the street or placed on the roof below the ridge line out of view from the street(s). Said equipment shall not be located within any required front or side yard setback, and shall not be set back less than three (3) feet from the rear lot line. EXCEPTION: Tankless water heaters may encroach thirty inches (30") into any required interior side or rear yard provided that a minimum setback of four (4) feet is maintained." "9251.2.1.1. EQUIPMENT AND FACILITIES. Mechanical and plumbing equipment including but not limited to ventilation fans, heating, cooling and air conditioning equipment, water heaters, cooling and air conditioning equipment, water heaters, spa and pool equipment and any other similar equipment shall not exceed the height limit prescribed in this Chapter and shall be screened from the street or placed on the roof below the ridge line out of view from the street(s). Said equipment shall not be located within any required front or side yard setback, and shall not be set back less than three (3) feet from the rear lot line. EXCEPTION: Tankless water heaters may encroach thirty inches (30") into any required interior side or rear yard provided that a minimum setback of four (4) feet is maintained." 9 "9252.2.1.1. EQUIPMENT AND FACILITIES. Mechanical and plumbing equipment including but not limited to ventilation fans, heating, cooling and air conditioning equipment, water heaters, cooling and air conditioning equipment, water heaters, spa and pool equipment and any other similar equipment shall not exceed the height limit prescribed in this Chapter and shall be screened from the street or placed on the roof below the ridge line out of view from the street(s). Said equipment shall not be located within any required front or side yard setback, and shall not be set back less than three (3) feet from the rear lot line. EXCEPTION: Tankless water heaters may encroach thirty inches (30") into any required interior side or rear yard provided that a minimum setback of four (4) feet is maintained." "9253.2.18. MECHANICAL EQUIPMENT. Mechanical and plumbing equipment including but not limited to ventilation fans, heating, cooling and air conditioning equipment, water heaters, cooling and air conditioning equipment, water heaters, spa and pool equipment and any other similar equipment shall not exceed the height limit prescribed in this Chapter and shall be screened from the street or placed on the roof below the ridge line out of view from the street(s). Said equipment shall not be located within any required front or side yard setback, and shall not be set back less than three (3) feet from the rear lot line. EXCEPTION: Tankless water heaters may encroach thirty inches (30") into any required interior side or rear yard provided that a minimum setback of four (4) feet is maintained." "9255.2.18. MECHANICAL EQUIPMENT. Mechanical and plumbing equipment including but not limited to ventilation fans, heating, cooling and air conditioning equipment, water heaters, cooling and air conditioning equipment, water heaters, spa and pool equipment and any other similar equipment shall not exceed the height limit prescribed in this Chapter and shall be screened from the street or placed on the roof below the ridge line out of view from the street(s). Said equipment shall not be located within any required front or side yard setback, and shall not be set back less than three (3) io feet from the rear lot line. EXCEPTION: Tankless water heaters may encroach thirty inches (30") into any required interior side or rear yard provided that a minimum setback of four (4) feet is maintained." SECTION 11. Sections 9251.1.7, 9252.1.7 and 9253.1.7 are added to Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code in their entirety to read as follows: "9251.1.7. NONCONFORMING USE AND STRUCTURES. Nonconforming Use - A nonconforming use may be maintained and continued. Alterations or expansions may be allowed upon the approval of a Modification in accordance with the provisions of Section 9291.1 et seq. of the Arcadia Municipal Code. Nonconforming Structures - A nonconfomung building may be maintained and continued; provided there is no physical change other than necessary maintenance and repair to the structure. An addition or alteration is permitted if the new or altered portions of the building comply with current applicable zoning regulations, or may be allowed upon the approval of a Modification in accordance with provisions of Sections 9292.1 et seq. of the Arcadia Municipal Code." "9252.1.7. NONCONFORMING USE AND STRUCTURES. Nonconforming Use - A nonconforming use may be maintained and continued. Alterations or expansions may be allowed upon the approval of a Modification in accordance with the provisions of Section 9291.1 et seq. of the Arcadia Municipal Code. Nonconforming Structures - A nonconforming building may be maintained and continued; provided there is no physical change other than necessary maintenance and repair to the structure. An addition or alteration is permitted if the new or altered portions of the building comply with current applicable zoning regulations, or may be allowed upon the approval of a Modification in accordance with provisions of ii Sections 9292.1 et seq. of the Arcadia Municipal Code." "9253.1.7. NONCONFORMING USE AND STRUCTURES. Nonconforming Use - A nonconforming use may be maintained and continued. Alterations or expansions may be allowed upon the approval of a Modification in accordance with the provisions of Section 9291.1 et seq. of the Arcadia Municipal Code. Nonconforming Building - A nonconforming building may be maintained and continued; provided there is no physical change other than necessary maintenance and repair to the structure. An addition or alteration is permitted if the new or altered portions of the building comply with current applicable zoning regulations, or may be allowed upon the approval of a Modification in accordance with provisions of Sections 9292.1 et seq. of the Arcadia Municipal Code." SECTION 12. Section 9292.1.4, subsection 17 of Article IX, Chapter 2, Part 5 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: 17. Alterations and/or Expansion of Nonconforming Uses and structures. SECTION 13. Sections 9250.3.16.1, 9250.3.16.2, 9250.3.16.3, 9251.2.13.2, 9251.2.13.2, 9251.2.12.4, 9252.2.12.2, 9252.2.12.3, 9252.2.12.6, 9253.2.21.2, 9253.2.21.3, Section 9255.2.21,1 and 9255.2.21.2 of Article IX, " Chapter 2, Part 5 of the Arcadia Municipal Code are hereby amended by adding the following language to the end of those sections listed in this Section to read as follows: iz No spears (i.e. apache, aristocrat with crushed spears, or any spear- like features) shall be permitted on a fence, wall, or gate. Chain link, corrugated fiberglass, bamboo fencing, and wire type fencing are not permitted. SECTION 14. Section 9275.1.49.1 of Article IX, Chapter 2, Part 7 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9275.1.49.1. HEALTH CLUBS. CPD-1, CBD, and C-1 or any less restrictive commercial zone. SECTION 15. Section 9269.5 of Article IX, Chapter 2, Part 6 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: Use Parking Spaces Re wired Health Clubs, Fitness Centers, Indoor 1 space per 100 sq. ft. of gross Athletic Facilities and Exercise, floor area in all workout areas Dance/Gymnasium Studios up to 3,000 square feet of gross floor area: Greater than 3,000 square feet of gross Required parking spaces to be floor area: determined through an approved Conditional Use Permit. ` ' SECTION 16. Section 4630.2 is hereby added to Article IV, Chapter 6, Part 3 of the Arcadia Municipal Code in its entirety to read as follows: "4630.2. NOISE, GARDENING AND LANDSCAPING. No person shall operate any mechanical equipment related to the gardening and/or landscaping of any properly within a residential zone from 7:00 a.m. to 7:00 p.m., Monday through Saturday, and from 9:00 a.m. to 5:00 p.m. on Sundays within all residential zones." 13 SECTION 17. Section 9292.2.3 of Article IX, Chapter 2, Part 9 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9292.2.3. AUTHORITY. Administrative Modification as may be necessary to secure an appropriate improvement may be granted upon the approval of the Planning Division. The Planning Division shall have the authority to approve, conditionally approve or deny modifications of the following: 1. Rear yard setbacks; 2. Distance between buildings; 3. Special setbacks; 4. Setbacks for mechanical and plumbing equipment; 5. Fence .and wall heights along the side and rear property lines except along the street side of a corner lot; 6. Interior side yazd setbacks for detached accessory structures (with the exception of guest houses/accessory living quarters) in the R-M, R-0 and R-1 zones; 7. Interior side yard setbacks for single-story additions to an existing dwelling in the R-M, R-0 and R-1 zones, where, the portion of said addition(s) which does not comply with the setback requirements consists of a total of thirty (30) lineaz feet or less and maintain(s) the same or greater setback than the existing building walls; and provided, that a minimum interior side yard setback of three (3) feet in the R-1 and five (5) feet in the R-0 zones is maintained; 8. The rebuild of single-family dwellings, provided that the new portions of the projept comply with current code requirements." SECTION 18. This Ordinance shall become effective on the thirty first (31st) day following its adoption. SECTION 19. 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. 14 Passed, approved and adopted this' day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: 1~~ Stephen P. Deitsch City Attorney PRELIMINARY EXEMPTION ASSESSMENT ~~ K~ (Certificate of Detertninatl n When Attached to Notice of Exemption) 1. Name or descripfion of project: TeM Amendment No. 08-04 2. Project Location -Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7%z topographical map identified by quadrangle name): City wide 3. Entity or person undertaking project: ® F.. City of Arcadia ^ Et. Other (Private) (1) Name: (2) Address: (3) Phone: 4. Staff Determination: The City's Staff; having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the Cal'rfomia Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. ® The proposed action does not constitute a project under CEQA. b. ^ The project Is a Ministerial Project. c. ^ The project is an Emergency Project. d. ^ The project cons8tutes a feasibility or planning study. e. ® The project is categodcally exempt. Applicable Exemption Class: 15061 Section No.: (bl f31 f. ^ The project is statutodly exempt. Applicable Exemption: Section No.: g. ~ ^ The project is otherwise exempt on the following basis: h. ® The project involves another public agency which constitutes the Lead Agency. Name of Lead P~gency: Ci of Arcadia Date: Auoust 11.2008 StafF. Lisa Flores. Senior Planner wrv..~~ nog \ /. September 16, 2008 STAFF REPORT Development Services Department TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services DirectorSLf~ By: Jim Kasama, Community Development Administrator Prepared by: Thomas P. Li, Associate Planner SUBJECT: Consideration of Text Amendment No. TA 08-03 to amend the single- family residential garage parking requirements. Recommended action: Approval by introducing the following Ordinance: Ordinance No. 2247 - An Ordinance of the City Council of the City of Arcadia, California, approving Text Amendment No. TA 08-03 to amend Chapter 2 of Article IX (Zoning Regulations) of the Arcadia Municipal Code. SUMMARY The Arcadia City Council expressed concern that the current single-family garage parking requirements are inadequate for the large homes that are being built. For example, under the current Code, a 6,000 sq.ft. dwelling unit with 9 bedrooms is required to have only three (3) garage parking spaces. This causes concern because inadequate parking results in numerous vehicles being parked in the driveway or on the street. Staff is proposing this text amendment to address the Council's concern. The Code currently requires atwo-car garage for new or rebuilt single-family dwellings with up to four (4) bedrooms. Those with five (5) or more bedrooms are required to provide athree-car garage. A three-car garage is the most that is required regardless of the number of bedrooms or the total square footage of the house. Furthermore, there is no definition as to what constitutes a bedroom. This Text Amendment proposes to increase the garage parking requirements based on the number of bedrooms, and provides a definition of a bedroom for the purpose of calculating the parking requirement. The proposed text for the R-M, R-0, and R-1 single-family zones_is shown in Exhibits A, B, and C, respectively. The proposed language sets forth new requirements for garage parking in these single-family zones. The amendments increase. the number of required garage. parking spaces for new or rebuilt single-family residences based on the number of bedrooms; and include a definition of what rooms are counted as bedrooms for the purpose of calculating the parking requirement. The existing text to remain is shown in normal type, the new language appears in italicized-red, and deletions are shown as strikeouts. With its last update in 1988, the parking requirements in the R-M zone are inadequate and outdated compared to the other single-family zones. This text amendment includes the replacement of the current R-M parking regulations with the proposed new language so that it is consistent with the R-0 and R-1 zones. The proposed amendment requires garage parking to be provided at a rate of one (1) space for every two (2) bedrooms in the main dwelling, with a minimum of two (2) spaces required. Calculations resulting in half a space are to be rounded up to the next whole number. For example, a new development with nine (9) bedrooms would be required to provide five (5) spaces: 9 divided by 2 equals 4.5, which rounds up to 5. Many new houses include ancillary rooms such as a library, theater, office, tea room, etc. In most cases, these rooms can be used as bedrooms. Therefore, it is proposed that the following definition of a bedroom be carried over from the multiple-family residential regulations: `For the purposes of fhis Section, every room in a dwelling unit other than a kitchen, a dining room immediately adjacent to a kitchen, a living room, and a bathroom shall be deemed to be a bedroom whether. so designated or not." To encourage residents to use the garage for parking, the amendments include a requirement that the garage parking spaces have minimum clear interior dimensions of ten feet (10') wide by twenty feet (20') long, and are to remain free of obstructions. From a regulation standpoint, in staffs opinion the proposed Text Amendment will address the inadequacies of the single-family garage parking requirements.. However, this amendment does not address how residents actually utilize their covered parking. The issue is complicated by the fact that .many residents simply do not utilize their garage for parking, regardless of the number of covered spaces they have. Ensuring that residents utilize-their garage spaces for parking is an enforcement issue that could be very staff intensive. In addition, the additional parking spaces required will likely lead TA 08-03 September 16, 2008 Page2of3 to increases in lot coverage on individual lots. This garage space is counted toward lot coverage and in some cases may replace or exclude living area on a lot. PLANNING COMMISSION ACTION The Planning Commission, at their August 26, 2008 meeting considered the proposed text amendments, and voted 3-0 with two members absent to recommend approval. ENVIRONMENTAL ANALYSIS The proposed text amendment is exempt from Environmental Quality Act (CEQA) under Section There is no possibility that the text amendment, by the environment. the requirements of the California 15061(b)(3) of the CEQA Guidelines: itself, will have a significant effect on RECOMMENDATION That the City Council approve Text Amendment No: TA 08-03 by introducing the attached Ordinance No. 2247. Approved: ~~"`"~ ~`"""'`.`~ Donald Penman, City Manager Attachments: Exhibit A -Proposed R-M Amendments Exhibit B -Proposed R-0 Amendments Exhibit C -Proposed R-1 Amendments Preliminary Exemption Assessment Ordinance No. 2247 TA 08-03 September 16, 2008 Page 3 of 3 Exhibit A R-M 9250.3.6. PARKING. Farrong within an enclosed garage shall be dwelling at a rate of one (1J space for eve Pr°vrded on the same site as the minimum of two (2J Spaces re wired. ry(wo (2) bedrooms in the main dwelling withra rounded up to the next who% number. Eachcrel qur}ed parkinrng rn half a s c%arinterior dimensions of ten feet f0' Pace shall be free of obstructions. ( )wide by twenty fee ~2p~ Ion hall have minimum g and shall remain For the purposes of this Section, eve dining room immediately adjacent to a kitchen, a livin room, deemed to be a bedroom whether so d signated or n tell rng unit other than a kitchen, a g and a bathroom shall be All required parking spaces shall have adequate individual access and safe in egress shall be provided for alI parking spaces by a twenty-five gross and and/or a minimum of twenty-five said parking Space or no (25) feet of c%ar back outs (25) foot turning radius plane projected from Pgrtion of any building or structure shall enrcroach dlacent to garage door or carport openi~l e of seventy-five (75) degrees as measured tfromgthe located back of the required fron ~ a~ such required parkin with Section 9250.3.7 of the Arcad'a Muni~pa Codeserved b Space shat/ be in a garage y a driveway in accordance On lots less than one hundred (100) feet in width there sha// be no more than sixteen (16) linear feet of garage openings facing the front and/or street side yard areas. On lots one hundred (100) feet or greater in width there shall be no more than twenty-four (24) linear feetof garage openings facing the front and/or street side yard areas. Below or subterranean parking spaces shall not be parmitted. grade Exception. The Planning Commission or the City Council (upon a modification regulations may grant a modification to allow below Parking space(s). This exception is subject to the PPeal) Pursuant to the story shall be perm/fled directly above said condition that gotde or subterranean Parking with its height not exceeding the applicable regulation when measured from the finished floor level of the ga ag an one (1) Exhibit q Exhibit B R-0 9251.2.6. PARKING. Parking within an enclosed garage shall be provided on the same site as the main dwelling at a rate of one (1) space for every two (2) bedrooms in the main dwelling with a minimum of two (2) spaces required. Calculations resulting in_half a space shall be rounded up to the next whole number. Th~r~ ~"°" '^° ^^' '°°° '"^^ ~~~^ ~~` ^^-'-'^^ . Each required parking space shall have minimum clear interior dimensions of ten feet (10) wide by twenty feet (20) long, and shall remain free of obstructions. , ~~ For the purposes of this Section, every room in a dwelling unit other than a kitchen, a dining room immediately adjacent to a kitchen, a living room, and a bathroom shall be deemed to be a bedroom- whether so designated or not. All required parking spaces shall have adequate individual access and safe ingress and egress shall be provided for all parking spaces by a twenty-five (25) foot turning radius and/or a minimum of twenty-five (25) feet of clear back out space directly adjacent to said parking space or no portion of any building or structure shall encroach. through a plane projected from an angle of seventy-five (75) degrees as measured from the garage door or carport opening. Each such required parking space shall be iri a garage located back of the requited frorit yard and shall be served by a driveway ee~less-t}iaFl . 'in accordance with Sections 9251.2.6.1 and 9251.2.6.2 of the Arcadia Municipal Code. On lots less than. one hundred (100) feet in width there shall be no more than sixteen (16) linear feet of garage openings facing the front and/or street side yard areas. On lots one hundred (100) feet or greater in width there shall be no more than twenty-four (24) linear feet of garage openings facing the front and/ot street side yard areas. Below grade or subterranean parking spaces shall not be permitted: Exception: The Planning Commission or the City Council (upon appeal) pursuant to the modification regulations may grant a modification to allow below grade or subterranean parkirig space(s). This exception is subject to the condition that not more than one (1) story shall be permitted directly above said parking with its height not exceeding the applicable regulationwhen measured from the finished floor level of the garage. Exhibit B Exhibit C R-1 9252.2.6. PARKfNG. Parking within an enclosed garage shall be provided on the same site as the main dwelling at a rate of one (1) space for every two (2) bedrooms in the main dwelling with a minimum of two (2) spaces required. Calculations resulting in half a space shall be rounded up to the next whole number. . Each sash required parking space shall have minimum clear interior dimensions of ten feet (10~ wide by twenty feet (20) long, and shall remain free of obstructions. , f~-f~-~= For the purposes of this Section, every room in a dwelling unit other than a.kitchen, a dining room immediately adjacent to a kitchen, a Living room, and a bathroom shalt be deemed to be a bedroom whether so designated or not. All required parking spaces shall have adequate individual access and safe ingress and egress shall be provided for all parking spaces by a twenty-five (25) foot turning radius and/or a minimum of twenty-five (25) feet of clear back out space directly adjacent to said parking space or no portion of any building or structure shall encroach through a plane projected from an angle of seventy-five (75) degrees as measured from the garage door or carport opening. Each such required parking space shall be in a garage located back of the required front yard and shall be served by a driveway aet-{ess~#aa . in accordance with Sections 9252.2.6.1 and 9252.2.6.2 of the Arcadia Municipal Code. On lots less than one hundred (100) feet in width there shall be no more than sixteen (16) linear feet of garage openings facing the front and/or street side yard areas. On lots one hundred (100) feet or greater in width there shall be no more than twenty-four (24) linear feet of garage openings facing the front and/or street side yard areas. Below grade or subterranean parking spaces shall not be permitted. Exception: The Planning Commission or the City Council (upon appeal) pursuant to the modification regulations may grant a modification to allow below grade or subterranean parking space(s). This exception is subject to the condition that not more than one (1) story shall be permitted directly above said parking with its height not exceeding the applicable regulation when measured from the finished floor level of the garage. Exhibit C PRELIMINARY EXEMPTION ASSESSMENT yca ,F° AAOAlit9~ (Certificate of Determination when attached to Notice of Exemption) Name or description of project: Text Amendment No. TA 08-03 to revise the single-family residential garage oarking requirements 2. Location: Single-family residential zones 3. Entity or person undertaking project: A. X B. Other (1) Name: Citv of Arcadia (2) Address: 240 W. Huntington Drive. Arcadia. CA 91007 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the ;City's "Local Guidelines for Implementing the California Environmental'Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: . a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. c. _ .The project js an Emergency Project. d. The project constitutes a feasibility or planning study. e. X The project is' categorically exempt. Applicable Exemption Class: 15061(b1(31 f. The project is statutorily exempt. Applicable Exemption: g. X The project is otherwise .exempt on the following basis: There is no possibility that the text amendment, by itself. will have a sianificant effect on the environment h. The project involves another public agency which constitutes the Lead Agency: Name of Lead Agency Date: August 13. 2008 Thomas P. Li. Associate Planner Staff 7roz ORDINANCE NO.2247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 9250.3.6, 9251.2.6, AND 9252.2.6 OF THE ARCADIA MUNICIPAL CODE REGARDING SINGLE-FAMILY RESIDENTIAL GARAGE PARKING REQUIREMENTS THE CITY COUNCIL FOR THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS; SECTION 1. Section 9250.3.6 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9250.3.6. PARKING. Parking within an enclosed garage shall be provided on the same site as the main dwelling at a rate of one (1) space for every two (2) bedrooms in the main dwelling with a minimum of two (2) spaces required. Calculations resulting in half a space shall be rounded up to the next whole number. Each required parking space shall have minimum clear interior dimensions of ten feet (10') wide by twenty feet (20') long, and shall remain free of obstructions. For the purposes of this Section, every room in a dwelling unit other than a kitchen, a dining room immediately adjacent to a kitchen, a living room, and a bathroom shall be deemed to be a bedroom whether so designated or not. All required parking spaces shall have adequate individual access and safe ingress and egress shall be provided for all parking spaces by a twenty-five (25) 1 zza~ foot turning radius and/or a minimum of twenty-five (25) feet of clear back out space directly adjacent to said parking space or no portion of any building or structure shall encroach through a plane projected from an angle of seventy-five (75) degrees as measured from the garage door or carport opening. Each such required parking space shall be in a garage located back of the required front yard and shall be served by a driveway in accordance with Section 9250.3.7 of the Arcadia Municipal Code. On lots less than one hundred (100) feet in width there shall be no more than sixteen (16) linear feet of garage openings facing the front and/or street side yard areas. Ori lots one hundred (100) feet or greater in width there shall be no more than twenty-four (24) linear feet of garage openings facing the front and/or street side yard areas. Below grade or subterranean parking spaces shall not be permitted. Exception: The Planning Commission or the City Council (upon appeal) pursuant to the modification regulations may grant a modification to allow below grade or subterranean parking space(s). This exception is subject to the condition that not more than one (1) story shall be permitted directly above said parking with its height not exceeding the applicable regulation wheri measured from the finished floor level of the garage." SECTION 2. Section 9251.2.6 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: 2 2247 "9251.2.6. PARKING. Parking within an enclosed garage shall be provided on the same site as the main dwelling at a rate of one (1) space for every two (2) bedrooms in the main dwelling with a minimum of two (2) spaces required. Calculations resulting in half a space shall be rounded up to the next whole number. Each required parking space shall have minimum clear interior dimensions of ten feet (10') wide by twenty feet (20') long, and shall remain free of obstructions. For the purposes of this Section, every room in a dwelling unit other than a kitchen, a dining room immediately adjacent to a kitchen, a living room, and a bathroom shall be deemed to be a bedroom whether so designated or not. All required parking spaces shall have adequate individual access and safe ingress and egress shall be provided for all parking spaces by a twenty-five (25) foot turning radius andlor a minimum of twenty-five (25) feet of clear back out space directly adjacent to said parking space or no portion of any building or structure shall encroach through a plane projected from an angle of seventy-five (75) degrees as measured from the garage door or carport opening. Each such required parking space shall be in a garage. located back of the required front yard and shall be served by a driveway in accordance with Section 9250.3.7 of the Arcadia Municipal Code. 3 2247 On lots less than' one hundred (100) feet in width there shall be no more than sixteen (16) linear feet of garage openings facing the front and/or street side yard areas. On lots one hundred (100) feet or greater in width there shall be no more than twenty-four (24) linear feet of garage openings facing the front and/or street side yard areas. Below grade or subterranean parking spaces shall not be permitted. Exception: The Planning Commission or the City Council (upon appeal) pursuant to the modification regulations may grant a modification to allow below grade or subterranean parking space(s). This exception is subject to the condition that not more than one (1) story shall be permitted directly above said parking with its height not exceeding the applicable regulation when measured from the finished floor-level of the garage." SECTION 3. Section 9252.2.6 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9252.2.6. PARKING. Parking within an enclosed garage shall be provided on the same site as the main dwelling at a rate of one (1) space for every two (2) bedrooms in the main dwelling with a minimum of two (2) spaces required. Calculations resulting in half a space shall be rounded up to the next whole number. Each required parking space shall have minimum clear interior dimensions of ten feet (10') wide by twenty feet (20') long, and shall remain free of obstructions. 4 zza~ For the purposes of this Section, every room in a dwelling unit other than a kitchen, a dining room immediately adjacent to a kitchen, a living room, and a bathroom shall be deemed to be a bedroom whether so designated or not. All required parking spaces shall have adequate individual access and safe ingress and egress shall be provided for all parking spaces by a twenty-five (25) foot turning radius and/or a minimum of twenty-five (25) feet of clear back out space directly adjacent to said parking space or no portion of any building or structure shall encroach through a plane projected from an angle of seventy-five (75) degrees as measured from the garage door or carport opening. Each such required parking space shall be in a garage located back of the required front yard and shall be served by a driveway in accordance with Section 9250.3.7 of the Arcadia Municipal Code. On lots less than one hundred (100) feet in width there shall be no more than sixteen (16) linear feet of garage openings facing the front and/or street side yard areas. On lots one. hundred (100) feet or greater in width there shall be no more than twenty-four (24) linear feet of garage openings facing the front and/or street side yard areas. Below grade or subterranean parking spaces shall not be permitted. Exception: The Planning Commission or the City Council (upon appeal) pursuant to the modification regulations may grant a modification to allow below grade or subterranean parking space(s). This exception is subject to the condition 5 2247 that not more than one (1) story shall be permitted directly above said parking with its height not exceeding the applicable regulation when measured from the finished floor level of the garage." SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (IS) days after its adoption. Passed, approved, and adopted this day of , 2008 Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: ~s~~ ~, Stephen P. Deitsch City Attorney 6 2247 50: 0107 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, AUGUST 19, 2008 CALL TO ORDER Mayor Harbicht called the Meeting to order at 5:00 p. m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None CLOSED SESSION/STUDY SESSION PUBLIC COMMENTS (5 minutes per person) None CLOSED SESSION a. Pursuant to Government Code Section 54956.8 conference with real property negotiators: Propertv: Arcadia Par 3 Golf Course (620 E. Live Oak Avenue, Arcadia) City Negotiators: City Manager and Assistant City Manager/Public Works Services Director Negotiating Parties: City of Arcadia and Kare Youth League (John Martin) Under Negotiation: Price and Terms of Payment Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of Westfield, LLC, et al. v. City of Arcadia, et al. and Caruso Propertv Manaoement, Inc. et al. (Real Parties in Interest) (Los Angeles Superior Court Case No. BS108923) and the case of Arcadia First! v. Citv of Arcadia and Magna Entertainment Corporation (Real Parties in Interest) (Los Angeles Superior Court Case No. BS108937). c. Pursuant to Government Code Section 54956.8 conference with real property negotiators: Propertv: 21 Morlan Place, 37 W. Huntington Drive and 55 W. Huntington Drive Aaency Negotiators: Agency Executive Director Negotiating Parties: Arcadia Redevelopment Agency and Paul Rusnak and Wendy Doo and David Dong (Church in Arcadia) Under Negotiation: Price and Terms of Payment STUDY SESSION Report, discussion and direction regarding the establishment of Citywide Street Lighting Assessment District. It was the consensus of the City Council to move this study session item to the open portion of the agenda under City Manager 2.b. 08-19-2008 50: 0108 RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Harbicht called the Regular Meeting to order in the Council Chamber at 7:00 p.m. INVOCATION Reverend Terry Keenan, The Santa Anita Church PLEDGE OF ALLEGIANCE Jason Kruckeberg, Development Services Director ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: CouncillAgency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None City Attorney Steve Deitsch reported that both the City Council and Redevelopment Agency met in closed session to consider the 3 items listed on the posted agenda under closed session, no reportable action was taken. In addition, Mr. Deitsch reported that a study session was scheduled to consider a report, have discussion and deliver direction regarding the establishment of a Citywide Street Lighting Assessment District and that study session item was moved to a continued study session to be conducted in open session under the City Manager portion of the agenda under Item 2b. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS City Manager Don Penman distributed an a-mail just received prior to the City Council meeting regarding the American Golf Lease Agreement item under the City Manager portion of the agenda. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council/Agency Member Amundson, seconded by Council/Agency Member Chandler and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PRESENTATIONS a. Administration of the Oath of Office to newly appointed Historical Museum Commission Members. Alice Wang and Vince Foley were administered the oath of office. b. Presentation of Certificate of Commendation to Blanca Woods, Maria Kocharian and Andre Nalbandian for assisting in the rescuing of a drowning victim. 08-19-2008 50: 0109 Presentation to the City by Kare Youth League to purchase 2.71 acres of the Arcadia Par 3 Golf Course. Kare Youth League made a presentation to the City regarding their proposal to purchase 2.71 acres of the Arcadia Par 3 Golf Course which would include $400,000 for golf renovations, $1,000,000 for golf improvements and $1,000,000 for other city needs for a total proposal of $2,400,000. John Martin, KareYouth League Paralax & Associates Craig Jameson and Joe Massata Eagle Golf Construction Dave Harmes regarding budgetary issues David Davis of Davis Irrigation regarding golf course irrigation Attorney Alan Lowey of Ackerman Sentertit in Downtown Los Angeles Casey O'Callahan, Golf Course Consultant PUBLIC COMMENTS Gregory Geiger submitted his comments in writing regarding All About Golf which was read into the record by Mayor Harbicht. Meena Nupur provided a letter requesting the City adopt an ordinance requiring restaurants in town to list the type of salt they use in their food. The following individuals appeared and spoke in opposition of the Kare Youth League proposal and soccer field: Robert Ginn Douglas Wickling, President of the Arcadia Men's Golf Club Kelly Crowell Tony Parrille Vince Foley Scott McCue, representing All About Golf Management, appeared and spoke regarding comments made by Keyser Marsten & Associates on their proposal. Beth Costanza, Arcadia Chamber of Commerce Director announced and provided information regarding the "Taste of Arcadia" on September 22, 2008 at the Arboretum." REPORTS FROM THE MAYOR. CITY COUNCIL AND CITY CLERK Council Member Kovacic endorsed Taste of Arcadia event. Council Member Amundson invited the City's Traffic Engineer Mr. Wray to provide an update on traffic projects and improvements in the City; he announced that the City would assist anyone who is interested in establishing a homeowner association in town. Council Member Chandler commented on the Arcadia Par 3 Course. Council Member Wuo announced he just returned from the Olympics in Beijing; he requested that the issue of foot massages and acupuncture businesses be placed on a future agenda for discussion. 08-19-2008 50:0110 In response to Council Member Wuo's request to place foot massage and acupuncture businesses on a future agenda, Mr. Chandler noted that Mr. Wuo has brought this issue up before and that these types of businesses are definitely increasing and may have become illicit; he indicated that he will support Mr. Wuo's request if the report is limited to rules and regulations only. Mr. Penman commented that Council Member Wuo's request will require research and that Mr, Wuo previously asked for options limiting the number and restrictions which were already communicated to the City Council. He noted that the Police Department in conjunction with Development Services are addressing the massage therapy establishment issues and advised that research can be conducted and a report provided. Mr. Wuo noted that there are several foot massage businesses in town that have window coverings drawn with neon signs and wanted to know what the City allows and what can be done to enforce this issue. Mayor Harbicht suggested a report be forwarded to the City Council outlining current regulations and requirements. Mayor Harbicht noted he was recently interviewed by a Chinese newspaper reporter about the growing crime in Arcadia; he read statistics provided by the Police Department for the month of July and noted that major offenses are down as compared to last year. He announced that the City Council allocated $2 million dollars in the CIP budget to build a gymnasium in conjunction with the School District and noted that the City has received a $1.5 million dollar grant to build a gymnasium at Dana Middle School. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: a. Approve the Regular Meeting Minutes of August 5, 2008. Recommended Action: Approve b. CITY COUNCIL ITEMS: c. Approve the Regular Meeting Minutes of August 5, 2D08. Recommended Action: Approve d. Adopt Resolution No. 6639 fixing the amount of revenue to be raised from Lighting District. Recommended Action: Adopt 08-19-2008 Issuance. Recommended Action: Approve 50: 0111 e. Recommended Action: Adopt Recommended Action: Approve g. Accept donations in the amount of $1 200 from the Rotarv Club for Children's Books at the Library. Recommended Action: Approve h. Accept donations from the community in support of the Summer Reading Program at the Librarv. Recommended Action: Approve in the amount of $109.900. Recommended Action: Approve amount of $170,272.35. Recommended Action: Approve k. of $360,180. Recommended Action: Approve Mayor Harbicht requested that Consent Calendar Item 2.b. be pulled for discussion A motion was made by Council/Agency Member Chandler, seconded by Council/Agency Member Amundson and carried on roll call vote to approve items 2.a and 2.c. through 2.1 on the City Council/Agency Consent Calendar. AYES: Council/Agency Member Chandler, Amundson, Kovacic, Wuo and Harbicht NOES: None ABSENT: None ABSTAIN: Council Member Kovacic and Wuo (Consent Calendar Items 1.a. and 1.c) Mayor Harbicht noted he was not present at the meeting when this item was discussed and since that time, circumstances have changed. He further noted that originally it was proposed that the existing debt would result in a 3.75°/a of net value savings and now it has fallen below 08-19-2008 Metals Total Maximum Daily Load. Recommended Action: Approve 50: 0112 the 3% which is the threshold the bond industry uses to determine the feasibility of refunding, and to issue new taxable debt up to $8.5 million dollars as a result of increased property values. Mr. Harbicht asked what the City proposes to do with the $8.5 million dollars. In response to Mayor Harbicht's question, Mr. Penman responded that half of the $8.5 million dollars would be proposed to repay the housing fund back because the General Fund for the Agency owes the Housing Fund $4 million dollars as a result of deferrals the City Council approved in 1986. He explained that in 1986, the law changed that required every redevelopment agency to put money into a housing fund but was allowed to defer payments if there were existing obligations. He also explained the City Council back in 1986 made the finding and deferred money, but it was to be paid back eventually. He noted that the remainder of the money would be used toward a couple of office projects in the downtown project area and potentially further expansion of the Rusnak car dealership; he further noted that these are taxable bonds and explained the process of how and when the money is spent. Mr. Penman noted that a future study session will be conducted to discuss proposed project options. A motion was made by Council/Agency Member Harbicht, seconded by Council/Agency Member Chandler and carried on roll call vote to approve items 2.b on the City Council/Agency Consent Calendar. AYES: Council Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None 2. C1TV MANAGER a. Course and bring back for f nal approval. Recommended Action: Approve Pat Malloy, Assistant City Manager/Public Works Services Director provided a brief history of the Arcadia Par 3 Golf Course owned by the City since 1962; he noted that for the past 20 years American Golf Corporation has been managing the course and their current lease is about to expire. He reported that the City Council directed staff to solicit bids for the continued management of the golf course and that four firms submitted proposals and in May, the Gity Council selected American Golf Corporation, All About Golf and Arcadia Golf Partners to be further evaluated. He noted that each proposal was carefully evaluated by Staff, reference checks were made and third party reviews of financial schedules were conducted. He provided a brief analysis of each proposal. He reported that based on a thorough review of each proposal, staff feels that American Golf Corporation is the most qualified and responsible firm to manage the golf course operations for the City and provided a summary of their proposal. He noted that staff recommends that the City Council authorize staff to negotiate a Lease Agreement with American Golf Corporation for the management of operations and maintenance of the Arcadia Par 3 Golf Course. It was the consensus of the City Council that the current proposal by Kare Youth League was unacceptable and directed staff to meet with Kare Youth League with the City's proposal and bring back September 2, 2008 for a final decision. 08-19-2008 50: 0113 A motion was made by Council Member Chandler, seconded by Council Member Harbicht and carried on roll call to authorize staff to negotiate a Final Lease Agreement with American Golf Corporation for the Management of Operations and Maintenance of the Arcadia Par 3 Golf Course and bring back to a future meeting for final approval. AYES: Council Member Chandler, Harbicht, and Kovacic NOES: Council Member Amundson and Wuo ABSENT: None b. Report, discussion and direction regarding the establishment of Citywide Street Lighting Assessment District. Mr. Malloy provided a summary of the California Supreme Court decision which changed the way special assessments can be levied; he explained the purpose of the proposed Citywide Street Lighting Assessment District and the 3 options being proposed to the City Council for consideration. He further explained what rehabilitation and administrative costs include. He noted that staff recommends Option 4 which includes the District paying a portion of the rehabilitation cost and administrative cost. A motion was made by Council Member Harbicht seconded by Council Member Chandler and carried on roll call to implement District Assessments based on current budget plus administrative and rehabilitation costs. AYES: Council Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting at 10:45 p.m. in memory of Tony Henrich and Gordon Murchey to September 2, 2008, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk By: Lisa Mussenden, Chief Deputy City Clerk/ Records Manager 08-19-2008 50: 0114 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 2, 2008 CALL TO ORDER Mayor Harbicht called the Meeting to order at 5:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None CLOSED SESSION/STUDY SESSION PUBLIC COMMENTS (5 minutes per person) John Martin, Kare Youth League appeared and spoke on their proposal to the City to purchase a portion of the Arcadia Par 3 Golf Course. Harry Joe, President Well Fargo Bank appeared and spoke in support of Kare Youth League's proposal to the City. Richard Park appeared and spoke in support of Kare Youth League's proposal to the City. CLOSED SESSION a. Pursuant to Government Code Section 54956.9(c) to confer with legal counsel regarding potential litigation -one (1) case. b. Pursuant to Government Code Section 54956.8 conference with real property negotiators: Property: Arcadia Par 3 Golf Course (620 E. Live Oak Avenue, Arcadia) City Negotiators: City Manager and Assistant City Manager/Public Works Services Director Negotiating Parties: City of Arcadia and Kare Youth League (John Martin) Under Negotiation: Price and Terms of Payment STUDY SESSION a. Report, discussion and direction regarding Holiday Decoration Proposal options. Recommended Action: Provide direction Connie Schacatano, Executive Assistant in the City Manager's office presented and summarized the two holiday decoration proposals received for decorations in the Redevelopment Project Area on Huntington Drive between Santa Clara and Fifth. It was the consensus of the City Council to enter into a 3 year lease agreement in amount of $28,500 annually with Dekra-Cite. 09-02-2008 50: 0115 RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Harbicht called the Regular Meeting to order in the Council Chamber at 7:00 p.m. INVOCATION Mayor Robert Harbicht PLEDGE OF ALLEGIANCE Fire Chief Tony Trabbie ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None City Attorney Steve Deitsch reported that the Redevelopment Agency conducted a study session concerning Item a listed on the posted agenda under Study Session. He noted that it was a report, discussion and direction regarding a Holiday Decoration program where the Redevelopment Agency decided to enter Into a three year lease program in the amount of $28,500 per year to install holiday decorations and lights in the downtown redevelopment agency commercial area for the purpose of promoting holiday festivities. In addition, Mr. Deitsch reported that the City Council/Redevelopment Agency met in closed session to consider Items a and b on the posted agenda under closed session. He reported that Item a which is anticipated litigation, no reportable action was taken; and he deferred Item a to the Mayor. The Mayor announced that regarding Item b under closed session regarding the possible sale of part of the golf course property, the City Council rejected Kare Youth League's counter offer proposal and end all negotiations. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS None MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council/Agency Member Amundson, seconded by Council/Agency Member Chandler and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. 09-02-2008 50: 0116 1. PUBLIC HEARING CITY COUNCIL ITEMS: a. Consideration of Residential-Mountainous Development Permit Application No. RM 08-01 for an open and uncovered hillside deck at 383 Torrey Pines Drive. Recommended Action: Approve Jim Kasama, Community Development Administrator presented the staff report regarding a Mountainous Development Permit Application submitted by the property owners to legalize a deck that extends out from the top of the slope at the rear of the residence; he noted that Residential Mountainous Development Permit applications are subject to Planning Commission review and to the City Council, if appealed; he further noted that this application was not appealed but must be considered by the City Council since It would involve waivers of conditions of approval that were imposed by the City Council in 1986 for the subdivision that created the subject property. Mr. Kasama commented that the deck can be retrofitted to satisfy current building and safety codes and maintained in a manner that will satisfy the R-M development criteria and the City's Single-Family Architectural Guidelines and recommends approval of the applicant's request subject to the conditions listed in the staff report. Mayor Harbicht opened the public hearing. Annie Wei, daughter of the property owner appeared and spoke in support of approving the deck on behalf of her father and noted that her father was not aware that permits were required. Bob Stricker, Civil Engineer for the property owner and original development, appeared and noted that plans have been prepared to legalize the deck. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Amundson and seeing no further objection, the Mayor declared the public hearing closed. It was moved by Council Member Chandler, seconded by Council Member Wuo and carried on roll call vote to approve the Residential-Mountainous Development Permit No. RM 08-01 and Architectural Design Review, accept staff's determination of a Categorical Exemption and directed staff to prepare a resolution for adoption at the next City Council meeting which includes the conditions of approval and findings that the deck and light fixtures are consistent with the provisions of the R-M Zone. AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht NOES: None ABSENT: None PUBLIC COMMENTS Assembly Member Anthony Portantino appeared and delivered his State of the State address regarding current legislation, health care issues, the State budget and other matters related to Arcadia. 09-02-2008 50: 0117 Pamela Bennett resident of Alta Street Classics appeared and spoke regarding Homeowner Association, structural and property maintenance issues. Harry Joe appeared and spoke in support of Kare Youth League and asked the City Council reconsider its decision to end all negotiations with Kare Youth League. David Guerrero appeared and spoke in support of Kare Youth League and asked the City reconsider its decision to end all negotiations. Steven Martin appeared and spoke in support of Kare Youth League. Nancy Burch appeared and read a letter from President of the Bye Bye Birdies Club at Arcadia Par 3 Golf Course in support of Kare Youth League. Steven French appeared and spoke in support of Kare Youth League. Noel Walsh appeared and read a letter from her husband Dr. Walsh in support of Kare Youth League. Leslie Orsburn, Principal Rio Hondo Prep School appeared and spoke in support of Kare Youth League. Greg Bolinger, Kare Youth League Program Director appeared and spoke in support of Kare Youth League's proposal and asked that the City reconsider its decision to end all negotiations. Casey Clevenger appeared and spoke about improving the golf course. John Maron appeared and spoke in support of Kare Youth League. Dave Reid appeared and spoke in support of Kare Youth League and asked the City reconsider its decision to end all negotiations. Jim Hanna appeared and spoke in support of Kare Youth League Arthur Tashkesen appeared and spoke in support of Kare Youth League and asked the City reconsider its decision to end all negotiations. John Martin appeared and spoke regarding Kare Youth League proposal to purchase a portion of the Arcadia Par 3 Golf Course. Joseph Kovalik appeared and spoke regarding noise, disorderly conduct and disturbances from Bar Twist. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Kovacic thanked everyone who appeared and spoke in regarding the Kare Youth League matter; he noted that the Kare Youth League offer was too low and commented on an item in the police blotter regarding a child abuse matter. Council Member Amundson commented on the incredible turn out in support of Kare Youth League and the counter proposal to the City by Kare Youth League. 09-02-2008 50:0118 Council Member Chandler commented on a burglary matter on the police blotter and encouraged residents to call the police when suspicious activity is suspected and commented on the speaker complaining about Bar Twist. Council Member Wuo appeared and commented on the turn out in support of Kare Youth League; he announced that he was in San Francisco for his oldest son's wedding and noted that tomorrow is the first day of school in Arcadia and encouraged everyone to drive carefully and be observant of the traffic and parking laws. City Clerk Barrows reported that the traffic around the high school was heavy and encouraged everyone to be carefully around the schools for the safety of the children; he apologized for missing the last City Council meeting and thanked Deputy City Clerk Marina Simonian for assisting the Chief Deputy City Clerk Lisa Mussenden; and noted that last week he attending a last minute planning session for music camp for about 700 kids from Arcadia High School. Mayor Harbicht read a letter he received letter from Peter L. Tweak complimenting the police for their professionalism in a police related matter on his street; he commented on a complaint received from a resident a couple of meetings ago under public comment who was not happy with the response received by a Police Department dispatcher when she called the police on a mall situation; Mayor Harbicht noted that the Police Department did respond to the situation at the Mall and reported for the month of July 2008, the police department responded to 295 calls for service and further noted that the situation was addressed properly; he commented on a letter he received from the Mayor of Anaheim Kurt Pringle that they have taken action regarding retiree medical benefits and suggested that the City Manager contact the City of Anaheim to obtain additional information and would like to see this item placed on a future study session. Mr. Martin stepped up to the podium and addressed the City Council; he inquired as to the vote in closed session regarding Kare Youth League's proposal to the City noting that the Brown Act requires this. In response to Mr. Martin's request for the vote in closed session, City Attorney Steve Deitsch reported that the City Council gave direction to its negotiators and there is no other requirement to report anything else. Mayor Harbicht responded that the City Council 4-1 to rejected the offer made by Kare Youth League. 2 . CONSENT CALENDAR CITY COUNCIL ITEMS: a. Accept donations in the amount of $16 514 from the Arcadia Public Library Foundation for programs and equipment at the Library. Recommended Action: Approve b. 09-02-2008 Recommended Action: Approve 50:0119 c. in the amount of $521.595. Recommended Action: Approve d. Facilities in the amount of $43,500. Recommended Action: Approve e. Award a Purchase Order to Ironman Parts & Services for the Installation of Diesel Particulate Matter Filters into three (3) Diesel Engine Trucks in the Citv's Fleet in the amount of $45,136. Recommended Action: Approve 9• A motion was made by Council/Agency Member Chandler seconded by Council/Agency Member Wuo and carried on roll call vote to approve items 2.a through 2.g on the City Council/Agency Consent Calendar. AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht NOES: None ABSENT: None ABSTAIN: Council Member Kovacic (Consent Calendar Item 2. c.) 3. CITY MANAGER a. Approve a Transit Service Program for Breeders Cup Events. Recommended Action: Approve Linda Hui, Transportation Services Manager provided the staff report regarding transit services for the Breeders' Cup event at the Santa Anita Race Track on October 24 and 25, 2008 and in November 2009. Ms. Hui reported that transit services will serve Santa Anita Park, selected points of interest and major hotels in Arcadia as well as some hotels in Monrovia; she further reported that staff will coordinate with Santa Anita Park to develop the most effective route plan and work with Southland Transit to develop a service plan that would accommodate event needs without compromising the regular transit services for the general public. She noted that in the past, the City provided bus services without collecting fares; the bus operators kept track of the number of riders and after the event, Santa Anita Park reimbursed the City. She reported that new federal regulations prohibit federal transit fund recipients from providing charter type services. She noted that Santa Anita Park management requested the transit fare not be collected from the riders at the time of boarding and that Santa Anita Park be allowed to 09-02-2008 Recommended Action: Approve Recommended Action; Approve 50: 0120 reimburse the City the uncollected fares. She further noted that since the City cannot accept payments from third parties for transit services the City would not be able to comply with Santa Anita Park's request and recommends waiving passenger fares during the two day event which may cost between $2,000 -$3,000 and noted that the Arcadia Transit budget has enough funds to cover the cost. It was moved by Council Member Kovacic, seconded by Council Member Amundson and carried on roll call vote to provide free bus service to visitors and the general pubic, including service to selected locations outside the City limits for the 2008 Breeders' Cup World Championships event on October 24 and 25, 2008 and the option of providing a similar service for the 2009 event. AYES: Council Member Kovacic, Amundson, Chandler, Wuo and Harbicht NOES: None ABSENT: None b. Report, discussion and direction regarding verification of the emolovment eligibility status of Citv emolovees and/or the employees of outside companies the City uses for services. Recommended Action: Provide direction City Manager Don Penman noted that at a previous meeting, the City Council directed staff to prepare a report and bring back to a future meeting, an agenda item regarding verification of employment eligibility of City employees and persons who are employed by contractors that perform services for the City and how the City currently addresses verification of employment. He reported that the Federal law requires that persons employed in the United States must be either a citizen or have some form of legal status and companies with employees, including the City of Arcadia, must comply with Federal laws in their hiring practices in addition to other federal state and local employment laws and policies. He further reported that the City has general language in its contracts and professional service agreements that contractors and/or consultants must comply with all state and federal law, but does not include language specific to the legal status of employment eligibility of their employees. Mr. Penman noted that the City already complies with the current law to ensure that potential employees have appropriate documentation and legal status prior to employment and feels there is no need to modify the City's procedures at this time. He provided the City Council with three options for consideration regarding employees of City contractors and alternatives should the City Council desire a mare active program to verify compliance with employment laws relative to the City contractors. City Attorney Steve Deitsch explained the legal ramifications and remedies for non-compliance. Mayor Harbicht suggested that specific language be put in every contract, agreement and request for proposal that the City of Arcadia requires all workers be legal and the City reserves the right to request documentation of employment status. City Attorney Deitsch noted that a certified document can be requested of the contractor that all his employees work status has been verified. It was moved by Council Member Harbicht seconded by Council Member Amundson and carried on roll call vote to have the City Attorney and City Manager draft language to be placed in every City contract, agreement and request for proposal that all workers be legal and that the os-a2-2aoa 50: 0121 City reserves the right to request documentation of employee employment status, to the extent permitted by law, and bring back to the City Council for final approval. AYES: Council Member Harbicht, Amundson, Chandler, Kovacic and Wuo NOES: None ABSENT: None c. Adopt Resolution No. 6641 initiating proceedings for the formation of the Arcadia Citywide Lightinq District 2009-1 and levy and collection of assessments related thereto commencing with Fiscal Year 2009-2010. Recommended Action: Adopt Adopt Resolution No. 6642 preliminarily aoprovinq the Engineer's Report regarding the formation of the Arcadia Citywide Lightinq District 2009-1; and the levy and collection of assessments related thereto commencing with Fiscal Year 2009-2010. Recommended Action: Adopt of new assessments related thereto commencing with Fiscal Year 2009-2010. Recommended Action: Adopt Assistant City Manager/Public Works Services Director Pat Malloy reported that at the last City Council meeting staff made a presentation to the City Council regarding the formation of a Street Lighting Assessment District and provided a summary of the California Supreme Court decision that changed the way special assessments can be levied. He noted that the City Council directed staff to assess the District based on its current contribution to the street lighting system plus District administration and rehabilitation costs for properties receiving a direct benefit from the street lights on their streets and come back with a new Engineer's Report changing the rates and how the property owners will be assessed. Deputy Public Works Services Director Tom Tait presented a brief summary of the three resolutions required in order to proceed with the formation of a Citywide Street Lighting District. Mr. Tait noted that at the August 19~" meeting, the City Council directed staff to assess the proposed Citywide Street Lighting Assessment District based on current assessment. He further noted that a budget was prepared that maintains the existing assessments to the property owners city wide based on special benefit plus administration costs and a portion of rehabilitation costs. He explained that Zone 1 areas with street lights will be assessed $2.00 per month, Zone 2 areas with sporadic lights will be assessed $0.84 per month and Zone 3 areas with no street lights and no direct street lighting benefit to the property owners will not he assessed; that the assessments are the maximum proposed assessment that each assessed parcel will pay for the 2009-2010 property tax roll and a 3% inflationary adjustment rate is proposed to be added for each fiscal year thereafter to account for reasonable increases in electricity and inflation that is inevitably associated with the ongoing maintenance and operation of street lights; that ballots will be mailed out the first week of October and a public hearing will be scheduled for the November 18, 2008 City Council meeting and following the public hearing, 09-02-2008 50: 0122 ballots will be tabulated and the results declared at the December 2, 2008 City Council meeting. He noted that if the formation of Citywide Street Lighting District fails, the lost revenue would be made up from other sources which could cause an impact on City services such as street sweeping, tree trimming or landscape maintenance. It was moved by Council Member Chandler, seconded by Council Member Wuo and carried on roll call vote to adopt Resolution No. 6641 initiating proceedings for the formation of the Arcadia Citywide Lighting District 2009-01; and the levy and collection of assessments related thereto commencing with fiscal year 2009-2010; Resolution No. 6642 approving the Engineer's Report regarding the formation of the Arcadia Citywide Lighting District 2009-01; and the levy and collection of assessments related thereto commencing with fiscal year 2009-2020; and Resolution No. 6643 declaring its intention to form the Arcadia Citywide Lighting District 2009- 01; and to conduct a property owner balloting on the matter of new assessments related thereto commencing with Fiscal Year 2009-2010. AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht NOES: None ABSENT: None Report, discussion and direction regarding Proposal by Kare Youth League to purchase orooertv at the Arcadia Par 3 Golf Course. Recommended Action: Provide direction Due to City Council action reported in closed session, this item was not discussed or acted upon. ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting in memory of Mary McVey (mother of City Employee Dave McVey) at 10:00 p.m. to September 16, 2008, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows City Clerk i 1~J`M- By: Lisa Mussenden, Chief Deputy City Clerk/ Records Manager 09-02-2008 "L~' "~~ STAFF REPORT Arcadia Redevelopment Agency DATE: September 16, 2008 TO: Arcadia Redevelopment Agency FROM: Don Penman, Executive Director Linda Garcia, Communications, Marketing &~pecial Projects Managei~j By: Mary Buttice, Executive Assistant ,/'~'~ Connie Schacatano, Executive Assistant / (V,IJ SUBJECT: AUTHORIZE THE EXECUTIVE DIRECTOR TO EXECUTE A THREE (3) YEAR LEASE AGREEMENT WITH DEK.RA-CITE INDUSTRIES INC. 1N THE AMOUNT OF $28,498.75 PER YEAR FOR HOLIDAY DECORATION IN DOWNTOWN REDEVELOPMENT AREA Recommendation: Approve SUMMARY In response to calls received in previous years requesting that the City decorate for the holidays, staff researched the cost and design possibilities for holiday decorations in the redevelopment area. This staff report requests Redevelopment Agency approval to enter into athree-year lease with Dekra-Cite Industries, Inc. to provide and install decorations for the 2008, 2009, and 2010 holiday seasons. DISCUSSION Staff contacted four holiday decoration vendors and asked them to provide design options for holiday decorations that could be installed on Huntington Drive between Santa Claaa and Fifth Avenue within a specified budget. After reviewing the proposals, staff is recommending Dekra-Cite Industries, Inc. because of their extensive experience and the quality of the program they developed for the City. Dekra-Lite's proposal is inclusive of 3 illuminated candy canes monument caps, 96 holiday candy cane banners, 34 illuminated candy cane pole mounts with garland wraps, as well as installation, maintenance and storage of the decorations for athree-year period. Due to the colors selected and the use of illumination, the visual impact of the design will be effective both during the day and night. The red color of the banners will be easily visible as will the candy cane decorations that will be placed on top of the monument signs on Huntington Drive at Santa Clara and at Fifth Avenue. Mayor and City Council-Holiday Decorations Page 2 The time frame for installation is approximately the week of Thanksgiving and the decorations will be taken down as soon as possible after January 15`. FISCAL IMPACT Dekra-Lite's proposal includes both purchase and lease options. Based on comments received from the Redevelopment Agency Board at the September 2, 2008 Study Session, staff is recommending athree-year lease for the decorations. The cost of the lease is $28,498.75 annually and there are sufficient funds in the Redevelopment Agency budget for this expense. RECOMMENDATION Authorize the Executive Director to execute a three (3) year Lease Agreement with Dekra-Cite Industries, Inc. in the amount of $28, 498.75 per year for holiday decorations in the downtown redevelopment area. Attachment ~~ ... ,~ ~~r~,%~~~ D E K RA- L I T PROPOSAL PRP018078 M.?i1r[d,i,~ P~iurrdoard/FOn G, ° au: [~~~aliv/ande DATE 8/28/2008 3102 W. ALTON-AVE. PAGE: I SANTA ANA, CA 92704 PHONE: 714.436.0708 PAX: 774,436.Ofi 12 BILL TO: SHIP TO CITY OF ARCADIA CITY OF ARCADIA PO Box 60021 240 W Huntington Dr CA 91066-6021 Arcadia CA 91007-3401 MARY BUTTICE/CONNIE SCHACATANO PHONE (626) 821-4320 Ext. 0000 INSTALL DATE FAX (626) 301-0570 Ext. 0000 REMOVAL DATE PO Number Customer ID Salesperson ID Shipping Method Payment Terms Req Ship Date Master No. AR0002 GL INSTALL 3 YEAR LEASE 0/0/0000 20,448 Quantity Item Number Description UOM Unit Price Ex tended Price I LEASESPECIAL Holiday Decor Lease Program includesTapas Each $27,550.00 $27,550.00 ' Lease Includes: (3) Crossed Candy Cane Monument Caps, (95) 16" x 48 1/2" Holiday Candy Cane Double Banners, (34) Candy Cane with Holly Pole Mount & - (34) Red Garland Pole Wraps. I NOTE 2009 Lease Price: $28,498.75 Each $0.00 $0.00 2010 Lease Price: $ 28498.75 Lease incWdes Installation, Maintenance, Removal, Refurbishment and Storage ofcomplete decor program. 3 GMHLCRSCYCNL Crossed Candy Canes Lit with LED Lighting F.ach $0.00 $0.00 34 PMGPCCNWLFXC9STK Candy Cane Pole Mount W/Holly Leaf Each $0.00 $0.00 Li[ with Sun Warm LED Bulbs. 850 GGP6SG (METALLIC Large Cut 6" Garland (Metallic) (specify color) Foot $0.00 $0.00 RED Metallic. 34 ACHOLIDAYLIGHTER Street Light Yole Adapter, adapts to light 120 v holida; Each $0.00 $0.00 Please sign and fax to 714-436-0612 Subtotal $27,550.00 Tax $948.75 Freight 50.00 'Yve Ixpoose nereov to fumish product antl/or labor- comnletel y in accortlance witty above speafka6ons, for me sum of Total $28.498J5 $14,723.75 50`6- DEPOSIT IX1E UPOtV ACCEPTANCE OF PROPOSAL BF.LAfSCE AMOUNT DUE UPON INSTALLATION OR DELIVE RY $13,775.00 General TemaS: The car[kas agree CU LhC ftdlrnving additional teYms or this CpntrdCt A tlCpC51t of 50"tas (III[ upgn fxGCUtiOn of [his Gn[ract Witfi LIR bddntf CUf on [hP rnS[aa[i0n tla@ Ut tlCIiVPry dafq upf55 SpCpfipC aWVC. NI fegUl'$TG'tl C`an8e5 [G LhP dCnvn-tle5cI1C¢tl v/ork will Gl SLbjttC [O d(kllfirMVll CUargpS. Can[Mlati0n5 dnC fPauRians a!e SUb1PCC f0 a 3yV.+f¢S000kIny fl'¢. AnY alir0unt n0[ pald WU¢n CUP, i55UUlECt [o d Idt2 Cldr(jP Of 1.SF pQr mnntU (d84'. per anrvJm).Ownel lS fP5pDn5ibIP .Or pIUNILn] Jnh IYra,ntdMrina adNaOatC dettiiC21 pulk't5,'IdWCCn[ t0111P pf0005Ef1btati0n5 fUf lit d2[Orari'Jfls dnU bu1ltllMg ghCS. eekfd{I:0 i5 nJ[ fCSponsiblC fM any 4Y(R)Utts [ldmdy2'J Or pSt due ip vdntlafi5nl, exfrem¢ weather axltli[ions. or ac[5 of Gqd and wltl make efforts [o replaze such rrrdduc[ for an atltli[Ipna: charge. All dares speed are sppiect to change due [q inUement weather yekra.Lite w01 regace any malfilnaroniny prgdlxt put Mcs not guarantee [hat exh individual lamp will light durlny [he enEre installed period. TNS GGOtrdCE is ypvernetl by Cali£omia law arM B [he entee cOn[rdcY between the parties. .^,rp¢fSEdny dII GL'.n' [OnVCISatgnS dOtl 4vhfin95 U¢hv¢¢n ChC partiLJ. M thv' (:VMI Cf d dSGUfE af151n9 OIR Of th15 COntrdtt, tn¢ paRiCS Shall afDICYa[C kl Qrdn9C COUnty h`efCIC a singlC arb[ratpf SCkittEd thrCllyh JAM $JE^1Di5PlfTE. AnY )UdgPT2n[ tlr%On tpf aWdfd nind¢r¢t1 pY the' drbltl'dCUf maY DP 2nt¢red in any c(luf[ Udviny jLlliSdiC[I0n [hQfLWf. TI1P pIQVLlirtg pdr[Y in arbl[fa[Ipn SIId142 En[IE!Ed 10115 !¢dSGnaN¢ attcfnCVS fCes.lnC [05[5. pigitally signetl by George Livermore George pN:cn=George Llvermore, o=pekrailre yy~ yQQ Industries, In4 ou=5r. AC¢&e<unve, f nnr aCt¢ptPC Within tlays. IhiS prOpOSa rnaV be W.thtlfdW0. ppkfd-Li[2:' IVPrI]1QIC mail=georgel@dekraAaemm, o-ll5 -Pdf¢^1W~U' Acceptance OF Proposal The vldivitlpal siynin6 [pis Cpniract accepts the above Proposal and cernfles m Oekra.l.ite Shat pe or spe k authoYized Co enter into this CUntracl on pehalf of Own¢r. Property Dwner: AUtnptlZ¢d Agenl Date: .~:v.:~t`,ini September 16, 2008 STAFF REPORT Development Services Department TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director ~~ By: Jim Kasama, Community Development Administrator SUBJECT: Resolution No. 6645 - A Resolution of the City Council of the City of Arcadia, California, approving Residential-Mountainous Development Permit No. RM 08-01, Architectural Design Review, and Waivers of Conditions No. 3.8 and 3.11 of City Council Resolution No. 5274 for an open and uncovered hillside deck and patio lights at 383 Torrey Pines Drive Recommended action: Adopt At the September 2, 2008 meeting, the City Council approved Residential- Mountainous Development Permit No. RM 08-01, an Architectural Design Review, and waived two conditions of approval stipulated in Resolution No. 5274 for an open deck and patio lights at 383 Torrey Pines Drive. As directed, staff has prepared the attached Resolution No. 6645, which incorporates the Council's decision, the categorical exemption from CEQA, the conditions of approval, and a finding that the deck and light fixtures are consistent with the provisions of the Residential-Mountainous Zone. Approved: '~-~-o-~-~~r""~--- Donald Penman, City Manager Attachment: Resolution No. 6645 RESOLUTION NO. 6645 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING RESIDENTIAL- MOUNTAINOUS _ DEVELOPMENT PERMIT NO. RM 08-01, ARCHITECTURAL DESIGN REVIEW, AND WANERS OF CONDITIONS NO. 3.8 AND NO. 3.11 OF CITY COUNCIL RESOLUTION NO. 5274 FOR AN OPEN AND UNCOVERED HILLSIDE DECK AND PATIO LIGHTS AT 383 TORREY PINES DRIVE WHEREAS, on May 28, 2008, aResidential-Mountainous Development Permit application was filed by Ms. Anni Wei on behalf of her parents, the property owners, for approval of an open and uncovered hillside deck and patio lights at 383 Torrey Pines Drive; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21000 et seq. ("CEQA"), and the State's CEQA Guidelines, the City of Arcadia's Planning Services prepared a Preliminary Exemption Assessment and deternuned that the project meets the requirements for a Class 3(e) Categorical Exemption under Section 15303 of the CEQA Guidelines for the construction and location of small accessory structures; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on August 12, 2008, at which times all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, on August 26, 2008, the Planning Commission voted 3 to 0 with two, Commissioners absent to adopt Planning Commission Resolution No. 1775 to conditionally approve Residential-Mountainous Development Permit No. RM 08-01 and the architectural design review for an open and uncovered hillside deck and patio lights of 383 Torrey Pines Drive; and WHEREAS, a duly noticed public hearing was held before the City Council on September 2, 2008, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE CITY .COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, HEREBY RESOLVES AS FOLLOWS: SECTION L The factual data submitted by the Development Services Department in the attached report dated September 2, 2008 is true and correct. SECTION 2. This City Council finds: 1. The granting of such Residential-Mountainous Development Permit will not result in any of the following: a. Excessive or unnecessary scarring of the natural terrain and landscape through grading or removal of vegetation; or b. Unnecessary alteration of a ridge or crest line; or c. Unnecessarily affect the view from neighboring sites; or z d. Adversely affect existing development or retard future development in this zone; or e. Be inconsistent with the provisions of the Residential-Mountainous Single-Family Zone as enumerated in Division 0 of Part 5 of Chapter 2 of Article IX of the Arcadia Municipal Code. 2. The use applied for will not have a substantial adverse impact on the environment, and that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) because the project involves the construction and location of a small accessory structure, which meets the requirements for a Class 3(e) Categorical Exemption under Section 15303 of the CEQA Guidelines. SECTION 3. For the foregoing reasons, the City Council approves Residential-Mountainous Development Permit No. RM 08-01, the architectural design review, and waivers of Conditions No. 3.8 and No. 3.11 of City Council Resolution No. 5274 for an open and uncovered hillside deck and patio lights at 383 Torrey Pines Drive, subject to the following conditions: 1. The deck shall be retrofitted within 30 days and maintained along with the existing landscaping in a manner that is consistent with the plans and materials submitted and approved by application no. RM 08-01 to the satisfaction of the Building Official, Fire Marshall and Community Development Administrator. 3 2. The brightness of the light fixtures along the edge of the top of the slope shall not exceed the minimum determined to be necessary for safety purposes by the Building Official. 3. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 4. The approval of application no. RM 08-01 shall not take effect until the owner and applicant have executed the Acceptance Form available from Planning Services to indicate awareness and acceptance of the conditions of approval. a SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved, and adopted this day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: 4' ~ ~~ti~ Stephen P. Deitsch City Attorney 5 /. STAFF REPORT Development Services Department DATE: September 16, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director'SL- ` Philip A. Wray, Deputy Director of Development Services I' Prepared by: Tim Kelleher, Senior Engineering Assistant SUBJECT: AWARD CONTRACT -LEFT TURN POCKET ON LIVE OAK AVENUE PROJECT Recommendation: Authorize the City Manager to enter into a contract with FS Construction in the amount of $58,300 SUMMARY The Arcadia Redevelopment Agency recently negotiated the purchase of the parcel of land owned by the Church in Arcadia on Morlan Place. The church will move to Live Oak Avenue to the parcel of land in front of the Par-3 Golf Course. As part of the project to improve -the Live Oak Avenue property and facilitate the move, the Redevelopment Agency proposes to fund the construction of an opening and left turn pocket in the existing landscaped median in front of the driveway which will serve the Church as well as the Golf Course. Staff has completed plans, specifications, advertised and opened bids on September 4, 2008. The successful low bidder was FS Construction in the amount of $58,300. Staff is recommending that the City Council award a contract for the Left Turn Pocket on Live Oak Avenue Project to FS Construction in the amount of $58,300. BACKGROUND The Church in Arcadia as part of a redevelopment project in the downtown redevelopment area is being relocated to a parcel of land on the south side of Live Oak Avenue east of Sixth Street in front of the Par-3 Golf Course. As part of the project to relocate the Church, the City will construct an opening in the existing median of Live Oak Avenue. Staff Report Award Contract -Left Turn Pocket on Live Oak Avenue September 16, 2008 Page 2 Currently, there is a landscaped median prohibiting left turns into or out of the driveway which will serve the new Church. This project will remove a segment of the median and construct a left turn pocket so that vehicles may make left turns into and out of the driveway. Currently vehicles exiting the Par-3 Golf Course driveway must turn right and go eastbound on Live Oak Avenue until they can make a "U" turn to go westbound. Concurrently, westbound traffic must make a "U" turn at the Sixth Avenue intersectiori to use the driveway: This project will create a gap for a direct left turn out of the driveway to the westbound Live Oak Avenue and will also construct a left turn pocket and storage for westbound traffic to have direct access into the Par-3 Golf Course driveway. City Council approved the project in the 2007-2012 Capital Improvement Plan utilizing $200,000 of Redevelopment Funds. The project was advertised and bids opened on September 4, 2008 with FS Construction being the apparent low bidder. DISCUSSION Bids to construct the Live Oak Avenue Left Turn Pocket project -were received and opened on Thursday, September 4, 2008. There were 10 bidders as follows: FS Construction $58,300.00 JDC Inc. $58,375.00 B & T Works Inc. $62,670.00 Yakar $63,360:00 EBS Inc. $69,000.00 Gentry Brothers $78,900.00 Belaire-West Landscape Inc. $83,900.00 CPE $88,670.00 E C Construction $99,896.80 G Coast Construction $105,200.00 FS Construction was the successful low bidder at $58,300. Staff has investigated FS Construction and found them to be qualified to successfully complete the work. It is anticipated that the work will begin in early October and be substantially complete by the end of the same month. Staft Report Award Contract -Left Turn Pocket on Live Oak Avenue September 16, 2008 Page 3 ENVIRONMENTAL IMPACT The project is categorically exempt per Section 15301 Class 1(c) from the requirements of California Environmental Quality Act (CEQA). FISCAL IMPACT Arcadia Redevelopment Agency Funds in the amount of $200,000 have been approved in the 2007-2009 Capital Improvement Program to complete this project. RECOMMENDATION Authorize the City Manager to enter into a contract with FS Construction in the amount of $58,300 for the Left Turn Pocket on Live Oak Avenue Project. Approved By: ~~-~-~ Donald Penman, City Manager JK: PAW:TOK: pa /. STAFF REPORT Development Services Department DATE: September 16, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Directory ~~ ` Philip A. Wray, Deputy Director of Development Services'~~t>J Prepared by: Ramiro Gonzalez, Assistant Engineer SUBJECT: AWARD CONTRACT -TRAFFIC SIGNAL POLE MAST ARM A_ND EQUIPMENT IMPROVEMENT Recommendation: That the City Council authorize the City Manager to enter into a contract with Steiny & Co., Inc. in the amount of $60,370 for the Traffic Signal Pole Mast Arm and Equipment Improvement Project SUMMARY As part of the City's ongoing traffic signal modification program, the Development Services Department compiled a citywide traffic signal pole, mast arm and signal equipment inventory and from that prepared a replacement needs list. The traffic signal at the intersection of First Avenue and Wheeler Avenue was identified due to its need for an equipment upgrade. The intersection of Santa Anita Avenue and Campus Drive was also identified due to its need for an upgrade of the vehicle detection system. The program was budgeted for construction in the fiscal year 2007/08 Capital Improvement Program. The project was advertised for bids in July and bids were opened on August 19, 2008. Steiny and Company, Inc. submitted the successful low bid in the amount of $60,370. Staff recommends that the City Council award a contract to Steiny and Company, Inc. for the Traffic Signal Pole Mast Arm and Equipment Improvement. BACKGROUND This project is part of an ongoing program to upgrade and improve City traffic signals to improve traffic safety, reduce maintenance cost and improve aesthetics. In the 2002-2003 fiscal year, staff undertook an inventory of all traffic signals to identify poles, mast arms, and other equipment needing replacement. Several intersections were found to be equipped with old and outdated equipment that have reached their useful life. Staff developed list of locations for a replacement program. Staff Report Award Contract -Traffic Signal Pole Mast Arm and Equipment Improvement Project September 16, 2008 Page 2 The intersection traffic signal at First Avenue and Wheeler Avenue is in need of a new traffic signal controller. The existing controller has reached its useful life, is no longer manufactured, and is obsolete. ADA compliant pedestrian pushbuttons, an interconnect, and new mast arms signs will also be installed. Improvement of the traffic signal will also facilitate the coordination of traffic signals within the City. The intersection of Santa Anita Avenue and Campus Drive is in need of an improved vehicle detection system using video detection. Due to 'its close proximity to the intersection of Santa Anita Avenue and Duarte Road, an improved vehicle detection system will greatly enhance the operation of the coordination between these two traffic signals. DISCUSSION With the assistance of the Los Angeles County Department of Public Works, the majority of the traffic signals in the City have been upgraded to Type 170 controllers and cabinets. Of the three remaining NEMA controllers, the NEMA controller at First Avenue and Wheeler Avenue is incompatible with the surrounding traffic signals. Due to its location within the Central Business District, an upgrade was considered to be essential to facilitate the coordination of traffic within the area. The signal system will be integrated into the existing interconnect system. The operation of the intersection of Santa Anita Avenue and Campus Drive will be greatly improved with a video detection system. The intersection experiences extreme usage due to its proximity to the high school and the Race Track. The video detection system will remove the anxiety that may arise due to future improvements at Santa Anita Avenue and Duarte Road. by ensuring that vehicle flow through the intersection operates consistently and efficiently. The project was advertised for bids and bids were opened on August 19, 2008. Bids from four prospective contractors were received with the following results: Bidders Amount Steiny & Company $60,370 AK Engineering $70,045 Republic ITS $73,850 Pete & Son's Construction Inc. $75,950 Staff has reviewed the bid documents for content,. and has investigated the low bidder's background and recent projects for competency. Staff has determined that Steiny & Co., Inc. can satisfactorily perform the required work. Staff Report Award Contract -Traffic Signal Pole Mast Arm and Equipment Improvement Project September 16, 2008 Page 3 ENVIRONMENTAL IMPACT The project is categorically exempt per Section 15301 class 1(d) from the requirements of California Environmental Quality Act (CEQA). FISCAL IMPACT Redevelopment Funds were budgeted in the 2007-2008 Capital Improvement Program in the amount of $30,000 for the Traffic Signal Improvement Project at the intersection of First Avenue and Wheeler Avenue. Capital Improvement Funds were budgeted in the 2007-2008 Capital Improvement Program in the amount of $50,000 for the Traffic Signal Mast Arm Improvement project at Santa Anita Avenue and Campus Drive. The total funding will be sufficient to cover the cost of construction, inspections, administration and contingencies. RECOMMENDATION That the City Council authorize the City Manager to enter into a contract with Steiny & Co., Inc. in the amount of $60,370 for the Traffic Signal Pole Mast Arm and Equipment Improvement Project. Approved By: ~e,r.~•D ~~-^~-a^-~ Donald Penman City Manager JK:PAW:RSG:pa DATE: September 16, 2008 TO: Mayor and City Council FROM: Donald Penman, City Manager By: Linda Garcia, Communications, Marketing and Special Projects Manage SUBJECT: on: Approve SUMMARY The City of Arcadia has utilized the services of Joe A. Gonsalves and Son since the late 1990's for the purpose of State legislative advocacy on behalf of our community. The current Professional Services Agreement with Joe A. Gonsalves and Son expires on September 21, 2008. Based on the City's positive experience with the company and desire to continue to use their services in the future, staff is recommending that the City Council approve aone-year extension (Amendment No. 6) to the Professional Services Agreement between the City of Arcadia and Joe A. Gonsalves and Son. DISCUSSION The City of Arcadia uses Joe A. Gonsalves and Son to help stay informed of proposals in Sacramento that would impact our local services as well as to advocate on the City's behalf on certain pieces of legislation. Since our first association with the company in .1998, Gonsalves staff has been knowledgeable, accessible and helpful in making contact with legislators, tracking proposed legislation and alerting the City of changes in legislation that may be either beneficial or detrimental to local government. While it is impossible to quantify the value of Gonsalves and Son in terms of placing a dollar amount on the benefit the City has received, staff believes that the information they have provided over the years has been very helpful, and certainly they are an active voice in Sacramento for Arcadia and the other cities for which they work. If approved, the requested extension to the Professional Services Agreement will have a term of October 2008 through September 2009. Office of the City Manager Mayor and City Council - PSA Extension for Gonsalves and Son September 16, 2008 Page 2 FISCAL IMPACT The annual retainer for Joe A. Gonsalves and Son remains at $36,000.00. Sufficient funds are available in the FY2008-2009 operating budget. RECOMMENDATION It is recommended that the City Council authorize staff to execute aone-year extension in the amount of $36,000.00 to the Professional Services Agreement between the City of Arcadia and Joe A. Gonsalves and Son for State legislative advocacy services. Au, ue„ t~W, STAFF REPORT Development Services Department DATE: September 16, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director ~/~ Philip A. Wray, Deputy Director of Development Services ~A~ By: Linda Hui, Transportation Services Manager SUBJECT: Recommendation: Discuss and Provide Comments SUMMARY The Foothill Transit Joint Power Authority (JPA) Governing Board voted to extend an invitation to the City of Pasadena to join the JPA. Ahy addition to the JPA membership requires a change in the governing structure and a unanimous ratification by all member organizations including the City of Arcadia. The JPA is accepting comments and input from each member organization regarding the proposed addition. If Pasadena accepts the invitation, it will be added to Cluster 3, to which the City of Arcadia belongs. Staff raised some questions regarding possible impacts on the dynamic of Cluster 3. Staff requests that the City Council consider possible impacts of the addition of Pasadena as a member of the Foothill Transit JPA, and provide formal comments. BACKGROUND Foothill Transit, created in 1988, is a joint powers authority serving areas that cover 21 cities and Los Angeles County unincorporated areas in the San Gabriel and Pomona Valleys. The member cities include: Arcadia, Azusa, Baldwin Park, Bradbury, Claremont, Covina, Diamond Bar, Duarte, EI Monte, Glendora, Industry, Irwindale, La Puente, La Verne, Monrovia, Pomona, San Dimas, South EI Monte, Temple City, Walnut and West Covina. Foothill Transit is governed by afive-member Executive Board -four members representing the 21 cities and one member representing the County. The Governing Board, which is comprised of one council member from each of the 21 cities and three appointed representatives from the County, is broken down into five clusters. The 21 cities make up four clusters with five to six member cities belonging to each cluster. The three County representatives form the fifth cluster. Each cluster elects one member to represent its cluster on the Executive Board. Staff Report September 16, 2008 Page 2 The City of Arcadia is in Cluster 3 along with Bradbury, Duarte, Monrovia and Temple City with a total population of 145,701. In terms of population, Cluster 3 is the smallest cluster. The population breakdowns for Cluster 3 and for city clusters are shown below. Cluster Population Cluster 1 280,133 Cluster 2 323,327 Cluster 3 145, 701 Cluster 4 235,780 Currently, the City of Arcadia was elected for a three year term to represent Cluster 3 at the Executive Board. DISCUSSION At the Annual Governing Board Meeting on May 7, 2008, the Foothill Transit Governing Board approved an invitation to the City of Pasadena to join the JPA as a member. The addition of Pasadena to the JPA will change the governing structure requiring ratification of all member organizations. In a letter dated July 25,-2008, the Foothill. Transit Executive Board requested that the City Council provide official comments regarding the addition of Pasadena as a member agency as well as the proposed-structure change to the Foothill Transit Governing Board. Comments are due to Foothill Transit on October 1, 2008. The Foothill Transit staff will address any issues requiring attention. Once all issues have been addressed, another letter will be sent to all member organizations requesting a formal city council vote whether to ratify the addition of Pasadena to the JPA. If the addition of Pasadena to the JPA is approved by all member organizations, Pasadena will be added to Cluster 3. Pasadena, with a population of 133,936, will increase the total Cluster 3 population to 279,637, closing the population gap among clusters. This could also have some impact on the dynamic of Cluster 3. Staff has raised the following questions regarding the addition of Pasadena to the JPA. The City Council may have more comments and/or questions that could be submitted to the JPA for clarification or answer. With Pasadena being the largest city within Cluster 3, what possible impacts would this have on the City of Arcadia's representation within the cluster and at the Executive Board? • What type of service changes, if any, does the Foothill Transit JPA anticipate with Pasadena on board? Staff Report September 16, 2008 Page 3 FISCAL IMPACT Staff does not anticipate any fiscal impact. RECOMMENDATION It is recommended that the City Council discuss and provide comments regarding the addition of Pasadena as a member of the Foothill Transit JPA. Approved By: /6-wo-aD ~~- Donald Penman, City Manager Attachment: The July 25, 2008 letter from Foothill Transit Executive Board Foothill Transit WE DRIVE i~1T~ rEl4~~ F~RdR~If?, 100 S. Vincent Ave., Ste. 200, West Covina, CA 91790-2944 ,R ~ ph; 62fi.967.3147 fax:626.915.1143 vw/w.foothilltransrt.org ~.., ~ ,~ ZP16y~ July 25, 2008 ~1 ~"Y ~®~~(.i~~, The Honorable Robert Harbicht Mayor, City of Arcadia P.O. Box 60021 Arcadia, CA 91066 Dear Mayor Harbicht, At the Foothill Transit Annual Meeting on May 7, the Governing Board voted to extend an invitation to the City of Pasadena to join the JPA. If Pasadena were to accept this invitation, all current member organizations of the Foothill Transit JPA would have to ratify the addition of this new member. This would require the approval of each city council for the current member cites and the County of Los Angeles. As part of this process, Foothill Transit's governing structure would need to be updated to reflect the addition of a new member. The Governing Board approved the attached proposed structure change shbwing the inclusion of Pasadena Cluster five is not included because it is the County Supervisor appointee cluster. (Attachment). With the addition of Pasadena to the JPA, the city would have a seat at the policy table and could more effectively provide input regarding the services that Foothill Transit provides. Foothill Transit would be more closely linked to Pasadena, which is a gateway to Glendale, Burbank and the San Fernando Valley. Foothill Transit would also gain in political clout in Sacramento and Washington, D.C. if the city were a member of the Foothill Transit JPA. Please provide us with the official comments of your;city council regarding the addition of Pasadena as a member agency as well as the.proposed structure change to the Foothill Transit governing board. We would also like your city council's initial thoughts on whether your city would approve Pasadena as a Foothill Transit JPA member. Your respohse by October 7, 2008 wo. ultl be very much appreciated.: Thank you for your city council's consideration and time on this issue. Should you have any questions, please colitact Foothill Transit Executive Director Doran Barnes at (626) 931-7200 or me. Thank you for your assistance and consideration. Sincerely, ~ D '_ ,~~ Peggy l7elach Executive Board President cc: '` Roger Chandler Don Penman ~~~% xeeutiue Board Peggy Delacfi President, Micheal Oe Le Torre Vice Presldenq Lole Smring Treasurer; Paula Lentz Member. Roger Chandler Member; Eaecudva Gtrectbr Doren J. 6ernee Mam6ep Citlee Arcadia, Azusa, Baldwin Perk, Bradhury, Claremont, Cavine, Diamond Bar, Duarte, EI Monte, Glendora, Industry, Irwindale, La Puente, Le Verne Monibvia, Pomdne, Sen Dimes, South EI Monte, Temple City, Walnut, West Covina end Los Angeles County A Public Agancy . ) 1 ' ~ Attachment A City Population Cluster 1 Claremont 33,998 La Verne 31,638 Pomona 149,473 San Dimas 34;980 Walnut 30,044 Total 280,133 Cluster 2 Azusa 44,712 Baldwin Park 75,837 Covina 46,837 Glendora 49,415 Irwindale 1,446 West Covina 105,080 Total 323,327 Cluster 3 Arcadia 53,054 Bradbury 855 Duarte ,,___. 21,486 Monrovia 36,929 /Pasadena 133,936 Temple City 33,377 Total 279,637 Cluster 4 Diamond Bar 56,827 Et Monte .115,965 Industry 777 La Puente 41,067 South EI Monte 21,144 .Total 235,780 Ci y T. :"~i'oie 0o Q` 2~unity of N~ STAFF REPORT Office of the City Manager DATE: September 16, 2008 TO: Mayor and City Council FROM: Don Penman, City Manager SUBJECT: SUMMARY The voters of the State of California approved Proposition 214, entitled the Compassionate Use Act of 1996, the intent of which was to enable persons. in need of medical marijuana for medicinal purposes to obtain and use it under limited, specified circumstances. However Federal law continues to prohibit marijuana use, distribution and possession. There is legal uncertainty between Federal laws and California laws regarding medical marijuana dispensaries. Staff therefore recommends that the City Council adopt the attached urgency ordinance establishing a moratorium on the establishment of medical marijuana dispensaries in order to study the potential impacts of medical marijuana dispensaries on the health, safety and welfare of the citizens of this community. BACKGROUND Federal law prohibits the use, distribution and possession of marijuana, and the United States Supreme Court recently held in Gonzales V. Raich that the Federal Controlled Substances Act prohibits local cultivation 'and use of marijuana under all circumstances. California voter approval of Proposition 215,. entitled the Compassionate Use'Act of 1996 enabled persons in need of medical marijuana for medicinal purposes to obtain and use it under limited, specified circumstances, which conflicts with Federal law. The City of Arcadia has taken. the position that Federal law preempts State law on this matter, however due to this conflict and recent California court cases staff believes that it should study the potential impacts of the operation of medical marijuana dispensaries. There is also evidence that criminal activity has increased in and around marijuana dispensaries (see attached). Staff therefore believes that in order-to protect the health, safety and welfare of the citizens of Arcadia that a moratorium should be placed.on the establishment and operation of medical marijuana dispensaries until a study ofthe potential impacts can be completed. Recommendation: Introduce and adopt Urgency Urarnance too. ~~4a Mayor and City Council September 16, 2008 Page 2 Adoption of the attached interim urgency ordinance requires afour-fifths vote of the City Council. This urgency ordinance would take effect immediately.arid continue in effect for forty- - five (45) days but can be extended by the City Council. i RECOMMENDATION It is recommended that the City Council adopt Ordinance No. 2248 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF, THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARINANA DISPENSARIES PURSUANT TO GOVERNMENT CODE SECTION 65858. Attachments 2 OVERVIEW OE MARIJUANA RELATED ISSUES I. PO'T BUSTS BY THE NLrMBERS {Source: The Daily Bulletin -Ontario, CA September 25, 2007) * 535 billion -Estimated value of the U.S. annual marijuana harvest * 513.11 billion -California's share of that focal * 2.2 million pounds -Amount of marijuana produced in the U.,S. in 1951 * 1,675,(81 marijnana plants -Eradicated statewide by CAMP (Califomia Anti-Marijuana Program) in 2006 II. POLICY AND LEGAL ISSUES REGARDING MEDICAL MARIJUANA A. State Law: ]n 1996, Califomia voters approved Proposition 2li, "The Compassionate Use Act of 1996" (h did not address medical marijuana facilities or sotu~ces, other than an individual or caregiver being allowed to cultivate medical marijuana). The act provided_ To ensure that seriously ill Californians have the right to cultivate, possess, obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, A[DS, chronic pain, spasticity, glaucoma, arthritis, migrane, or any other illness for which marijuana provides relief. To ensure patients and their primary caregivers that obtain and use marijuana for medical purposes, upon the recommendation of a physician, are not subject to criminal prosecution or sanction. To encourage state and local governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana. NOTE: As of February 28, 2007, in California: 70 cities and six counties have moratoriums on the medical use of marijuana. 38 cities and five counties have bans on the use of medical marijuana. 24 cities and seven counties have established ordinances. As of May 2007, it bias been estimated that there are over 400 dispensaries (includes medical marijuana dispensaries, clinics, collectives and co-ops in business districts and residential areas) operating in the County and City of Los Angeles. There is currently no policy yet in the City of Los Angeles, although a moratorium is making its way through committees. B. Tederal Law prohibits the possession of marijuana fur any purpose, including medical purposes: According to Title 21, USC § 8t2(a)(b)(1}(A}(B)(C)(c)(10), Marijuana is a Schedule I, felony controlled substance draC has a high potential for abuse; no currently accepted medical use in treatment in the LIS; and there is a lack of accepted safety for use of the drug or other substance under medical supervision. 2. Marijuana use is striotly prohibited tinder Federal law because it has never been proven in sound scientific studies that marijuana can be used safely. and effectively in medicine. This is precisely the reason. that marijuana is classified as a schedule l controlled substance under the Controlled Substances Act (CSA), 21 USC § 801 et sey., and has not been approved as medicine by the Food and Drug Administration (FDA). Because of the foregoing medical and scientific considerations, it is illegal under Federal law to manufacture, distribute, or possess marijuana for any purpose regardless of whether such activity is purportedly authorized by state law for claimed "medical" purposes. See 18 USA § 841(a)(1) and 844. It is also a crime to aid, abet, counsel, command, induce, or procure the commission of any of the foregoing offenses. 5'ee 18 USC § 2. also, real property used to commit or facilitate a violatioti of the CSA is subject to forfeiture. 21 USC § 881 (a) (7). NOTE: The only lawful exception to this prohibition is where the activity is part of research that has been approved by the FDA, and the marijuana is manufactured and distributed by persons registered with the DEA to engage in such activities. [fl. Issues regarding medical marijuana -Since March 2005, interviews of employees, customers and owners of dispensaries, newspapers, periodicals and Internet web sites, citizens and law enforcement officers provided the following information: A. Rise in Part ICrimes -there have been many recorded incidents of violence at dispensaries around the state. These violent crimes hove included robberies, burglaries, aggravated assaults and burglary from autos. Large police agencies have reported the following increases in Part I crimes in specific areas: * 200% increase in robberies. 52.2% increase in burglaries. * 57.1'% rise in aggravated assaults. * 130.8% rise in burglary from auto. B. Rise in Part I[ Crimes -dramatically affects surrounding businesses (loss of customers and business and once quiet neighborhoods with the following crimes: * Drug violations (smoking marijuana in public or neighborhoods and selling marijuana to others outside the dispensary or iu neighborhood). " Increase in DUI (driving under the influence) an•estsandtraffic accidents. " Fraud * Simple Assaults * Disorderly conduct (urinating or defecating on sidewalk, hallways, rear of businesses, parking lots and neighbor yards) * Weapons (persons displaying weapons or pointing them at businesses and neighbors) Vagrattcy, curfew, loitering, earhoms and graffiti. C. Effects vn surrounding businesses, residential neighborhoods and the Public -nuisances and annoyances affect businesses and residential yeas in the following ways: * The heavy odor of marijuana and secondary smoke stinks up the surrounding businesses causing illnesses and a loss of customers and businesses, * UPS, FED EX, and USPS do not want to make deliveries. Intimidation of neighboring businesses and residents in the area. * Heavy vehicle traffic causing congestion and parking probloms (parking blocks access to businesses, blocking driveways, choking parking for neighborhoods. * Dispensaries are open long hours, usually ranging from 10 am until midnight, seven days a week. * Dispensary customers annoying other business owners, operators and customers, neighborhood residents, children and pets. D. Criminal profiteering - a majority of operators of dispensaries use kheir businesses as an illegal front to get marijuana to market, make huge profts and provide a source for persons to get high under the guise of helping sick people. * Dispensaries use sympathetic words like "compassionate," "holistic," "herbal care," "spiritual,", "welL~ess," and "caregivers" in their business names, when in fact, they are purely in business to profit from the illegal sales of marijuana. Examples: Emails posted on marijuana advocacy web sites opined one large medical marijuana corporation operating out of seven cities in California was referred to as "the Costco" of wholesale marijuana sales (at one location in West Hollywood, they grossed over $1 J million in cash sales of marijuana during one month). A marijuana advocacy web site pointed out sales of marijuana reached over Sl3 billion during 2006, up from $1.6 billion in 2005. Yet,'Senate Bill 420 states medical marijuana is not for prott. ORDINANCE NO. 2248 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES PURSUANT TO GOVERNMENT CODE SECTION 65858 THE CITY COUNCIL FOR THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The purpose of this Interim Urgency Ordinance is to establish a moratorium on the establishment and operation of medical marijuana dispensaries in the City of Arcadia ("City") to study the potential impacts of medical marijuana dispensaries on the health, safety and welfare of the citizens of the City. SECTION 2. The City Council enacts this Interim Urgency Ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution, Section 11362.5, et seq. of the California Health & Safety Code, and Section 65858 of the California Government Code. SECTION 3. The City Council of the City of Arcadia hereby finds: A. The voters of the State of California approved Proposition 215, entitled the Compassionate Use Act of 1996 (the "Act"), the intent of which was to 1 enable persons in need of medical marijuana for medicinal purposes to obtain and use it under limited, specified circumstances. B. On January 1, 2004, SB 420 went into effect and was enacted to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with SB 420 and the Act. C. The Arcadia Municipal Code does not specifically address or regulate the existence or location of medical marijuana dispensaries. D. Califomia cities that have pernvtted the establishment of medical marijuana dispensaries have witnessed an increase in crime, such as burglaries, robberies and sales of illegal drugs in the areas immediately surrounding such dispensaries. E. There is legal uncertainty between federal laws and Califomia laws regarding medical marijuana dispensaries. Several cities and counties have recently filed lawsuits against the State Attorney General relating to the validity of the Act in light of a recent Supreme Court decision, Gonzales v. Raich (2005) 125 S. Ct. 2195 (holding that the federal Controlled Substances Act validly prohibits local cultivation and use of marijuana under all circumstances). 2 SECTION 4. The purpose of this Interim Urgency Ordinance is to establish aforty-five (45} day moratorium on the approval or issuance of any use permit, variance, building permit, business license or other applicable entitlement for the establishment or operation of a medical marijuana dispensary in the City for the immediate preservation of the public health, safety and welfare. SECTION 5. For purposes of this Interim Urgency Ordinance, the terms defined below shall have the following meanings: A. "Medical marijuana dispensary" shall mean any facility or location where a primary caregiver intends to or does make available, sell, transmit, give or otherwise provide medical marijuana to two or more of the following: a qualified patient, a person with an identification card or a primary caregiver. B. "Primary caregiver," "qualified patient" and "identification card" shall have the meanings set forth in Health and Safety Code Section 11362.7. SECTION 6. The City Council hereby enacts this Interim Urgency Ordinance by not less than afour-fifths vote, and in light of the findings set forth in Sections 3 and 7, under the authority granted to it by Article XI, Section 7 of the California Constitution and Section 65858(a) of the Califomia Govermnent Code, which allows the City to adopt an interim urgency ordinance, in order to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with 3 a zoning proposal that the City Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time: SECTION 7. The City Council hereby finds and determines as follows: A. California cities that have permitted the establishment of medical marijuana dispensaries have found that such dispensaries resulted in negative and harmful secondary effects, such as an increase in crime, including robberies, burglaries and sales of illegal drugs in the areas immediately surrounding medical marijuana dispensaries. $. Numerous cities in the State of California have adopted ordinances prohibiting or regulating such dispensaries. As a significant number of cities, including cities in Southern California, have prohibited or regulated medical marijuana dispensaries, there is a substantially increased likelihood that such establishments will seek to locate in the City of Arcadia. C. The Arcadia Municipal Code does not specifically address or regulate the existence or location of medical marijuana dispensaries. D. The United States Supreme Court addressed marijuana use in California in United States v. Oakland Cannabis Buyers' Cooperative (2001) 532 U.S. 483. The Supreme Court held that the federal Controlled Substances Act 4 continues to prohibit marijuana use, distribution and possession and that no medical necessity exception exists to these prohibitions. Further, the Supreme Court recently held in Gonzales v. Raich (2005) 545 U.S. 1, that the federal Controlled Substances Act prohibits local cultivation and use of marijuana under all circumstances. Therefore, it appears there is currently a conflict between federal laws and California laws regarding the legality of medical marijuana dispensaries. E. To address the apparent conflict in laws, as well as the community and statewide concerns regarding the establishment of medical marijuana dispensaries, it is necessary for the City of Arcadia to study the potential impacts such facilities may have on the public health, safety and welfare. F. Based on the foregoing, the City Council finds that issuing permits, business licenses or other applicable entitlements providing for the establishment and/or operation of medical marijuana dispensaries, prior to the completion of the City of Arcadia's study of the potential impact of such facilities, poses a current and irrunediate threat to the public health, safety and welfare and that, therefore, a temporary moratorium on the issuance of such permits, licenses and entitlements is necessary. 5 SECTION 8. The City Council hereby directs the Development Services Department to consider and study possible means of regulating or prohibiting .medical marijuana dispensaries, including zoning-based regulations and other regulations. SECTION 9. The City Council finds that this Interim Urgency Ordinance is not subject to the Califomia Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 10. If any provision of this Interim Urgency Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this.Ordinance irrespective of the invalidity of any particular portion thereof. 6 SECTION 11, This Interim Urgency Ordinance shall take effect immediately-upon its adoption by at least afour-fifths vote of the City Council. This Interim Urgency Ordinance shall continue in effect for forty-five (45) days from the date of its adoption and shall thereafter be of no further force and effect unless, after notice and a hearing pursuant to California Government Code Section 65090, the City Council extends this Interim Urgency Ordinance pursuant to Government Code Section 65858. SECTION 12. The City Clerk shall certify the adoption of this Interim Urgency Ordinance and shall cause the same or a summary thereof to be published within fifteen (15) days after adoption in a newspaper of general circulation. [SIGNATURES ON NEXT PAGE] 7 Passed, approved and adopted this day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: ~~~n ~. ~ cr~,{ g.~.~ Stephen P. Deitsch City Attorney U y T ~ivJ Aurvi I.IV03 °°'~~°°~~y°~N°s`' STAFF REPORT Office of the City Manager DATE: September 16, 2008 TO: Mayor and City Council FROM: Don Penman, City Manager SUBJECT: CONTRACT LANGUAGE REGARDING COMPLIANCE WITH THE IMMIGRATION REFORM AND CONTROL ACT FOR CITY CONTRACTORS Recommendation: Approve SUMMARY At the City Council meeting of September 2, 2008 staff presented information at the Council's request regarding verification of employment eligibility status of City employees and persons who are employed by contractors that do work for the City. The Council then directed staff to prepare language that could be inserted into all contracts of companies that provide services to the City regazding compliance with federal and state immigration laws. DISCUSSION Provided below is language prepared by the City Attorney that responds to the City Council's direction. By entering into this agreement the contractor/consultant hereby certifies that it is, and at all times during the performance of work hereunder -shall be, in full compliance with all requirements and restrictions of state and federal immigration-related laws, including, but not limited to, the Immigration Reform and Control Act of 1986, as amended ("IRCA'). The contractor/consultant further certifies that it shall indemnify, hold harmless and defend the City against any and all actions, proceedings, penalties or claims arising out of the contractor's/consultant's failure to comply strictly with the IRCA and any other applicable immigration-related laws. The contractor/consultant further agrees that, upon demand of the Ciry from time to time, it shall providecertifcation that it has been and is in strict compliance with the IRCA and any other applicable immigration-related laws and that, upon the City's request, it will provide documentary evidence to the City, as permitted by law, sufficient to verify such compliance. Page 1 of 2 Mayor and City Council September 16, 2008 The City Council should determine if there are any changes that you would like to make to this proposed language or provide any other direction in this matter. This language would be inserted in contracts and professional service agreements that the City enters into for contractor/consultant services. RECOMMENDATION It is recommended that the City Council approve the language provided above to 6e inserted into all contractor/consultant agreements. Page 2 of 2 /. TO: Redevelopment Agency Board STAFF REPORT Development Services Department DATE: September 16, 2008 FROM: Jason Kruckeberg, Development Services Director SUBJECT: Consideration of a waiver of Arcadia Redevelopment Agency Resolution No. 172 to permit vehicle storaae and parking at 21 Morlan Place and auto related uses at 37 West Huntington Drive. Recommendation: Approve DISCUSSION The Arcadia Redevelopment Agency has long been working with Rusnak Mercedes (Rusnak) on a land assembly and redevelopment project that would provide expansion opportunities for Rusnak. The City has been attempting to deliver properties for this potential expansion, including 21 Morlan Place (current Church in Arcadia site) and 37 West Huntington Drive (Self-storage Building). The Agency owns 37 W. Huntington Drive and is in escrow on 21 Morlan Place. While a comprehensive redevelopment plan is not being proposed at this time, Rusnak has approached the City to expand into both of these properties. The proposal for 21 Morlan Place is to use the lot as vehicle storage and parking for Rusnak automobiles, including those that are being serviced. This proposal will be closely coordinated with the Church in Arcadia to avoid any impacts to the Church as long as they remain on site. This use is subject to a Conditional Use Permit and a hearing is scheduled in front of the Planning Commission to review this case. The waiver is necessary prior to considering a CUP. The proposal for 37 W. Huntington Drive is to utilize a portion of the storage building for the storage of auto parts for Rusnak. This would only be for storage purposes, no customer transactions would occur at this site. As a result, this is simply a continuation of the existing use at the self-storage building. In addition, an office and vehicle storage for a car rental agency is also planned for this building. Again, this is a continuation of uses that have been at the site in the past. The reason for the waiver is that Agency Resolution No. 172 lists "automobile related uses except sale of new or used cars in connection with the sale of new cars" as an "inappropriate use". As a result, a waiver from this Resolution is necessary. Staff Report -ARA Waiver- September 16, 2008 Page Two By way of background, Agency Resolution No. 172 was adopted in 1993. The Resolution was directed at promoting high quality development and design in the Project Area and discouraging incompatible and non-harmonious projects and land uses. The Resolution included "Use and Design Requirements and Guidelines" that Planning and Economic Development staff use frequently to determine compatibility. The guidelines include "Inappropriate uses", which were determined in 1993 to be uses that may not be appropriate for the area. Clearly, a list of uses provided at a moment in time may not be applicable as the Project Area changes and evolves. Recognizing this, the 1993 Resolution included an exception which reads as follows: "...the Agency in its reasonable discretion may, for a building or project of unusual economic significance or potential positive architectural impact, approve a variation for, waive or modify the above Use and Desigri Guidelines". From time to time in the-last 15 years, the Board has approved such waivers to promote such uses. Clearly, as one of the highest sales tax generating uses in the City of Arcadia, Rusnak qualifies as a project of unusual economic significance. Furthermore and perhaps more importantly, these proposed uses are compatible with their surroundings. The parking area at the church site will be an extension of the existing Rusnak property and will provide continuity to the area. This has long been part of the plan for this area and will be compatible with the City's goals for this portion of the Redevelopment Area: In addition, the use of the self-storage building for parts storage and car rental facilities is consistent with past practice and land use and will also be compatible with the subject property and surrounding properties. FISCAL IMPACT There is no direct fiscal impact of the waiver. If the projects are ultimately implemented, it will provide much needed expansion space for Rusnak which could lead to a more efficient operation and, potentially, better sales. However, the fiscal impact of this would be speculative. RECOMMENDATION That the Redevelopment Agency Board approve a waiver of Arcadia Redevelopment Agency Resolution No. 172 to permit vehicle storage and parking at 21 Morlan Place and auto related uses at 37 West Huntington Drive. Approved By: c~s-~.~ ~~.,-..-~+---- Donald Penman City Manager/Executive Director Attachment: ARA Resolution No. 172 RESOLUTION N0. ARA 172 A RESOLUTION OF THE ARCADIA REDEVEIAPMENT AGENCY ESTABLISHING USE AND DESIGN REQUIREMENTS AND GUIDELINES WHEREAS, the Arcadia Redevelopment Agency (the "Agency") has expended over $30,000,000 to redevelop the area (the "Project Area") subject to the Redevelopment Plan for the Central Redevelopment Project (the "Redevelopment Plan"}; and WHEREAS, the City of Arcadia (the "City") has expended over $1,000,000 in Community Development Block Grant, Gas Tax, Lighting Maintenance District, Sewer Fund, Proposition A, SB 821 and General Fund monies and proposes to spend an additional $1,100,000 over the next three years to revitalize the downtown Project Area; and WHEREAS, in order to eliminate blight and to meet the policies and objectives of the Community Redevelopment Law of the State of California (the "Redevelopment Law") within the Project Area, both the Agency and the City desire to encourage and facilitate the establishment and growth of high quality retail outlets, stores and restaurants, professional office uses and industrial uses in the Project Area, and to discourage unattractive, incompatible and non- harmonious uses, materials, colors, lights, signs, landscaping, architectural designs and treatment; and WHEREAS, certain inappropriate uses exist or might otherwise be permitted in the Project Area which cause blight or detract from the reputation, market acceptance, security, attractiveness and image of the Project Area, and are not consistent with the policies and objectives of the Redevelopment Law; and ARA-172 WHEREAS, certain unattractive and non-harmonious architectural design styles, materials and colors exist or might otherwise be permitted in the Project Area which detract from or conflict with existing, new or rehabilitated buildings, the policies and objectives of the Redevelopment Law, and standards set forth in the City's Design Review Ordinance; and WHEREAS, in accordance and consistent with Sections 301(6), 410 through 413, 416 through 420, 424, 427, and 600 of the Redevelopment Plan, and in order to eliminate blight, to enable the Agency to concentrate and develop significant redevelopment projects and uses which are needed in the Project Area and in the City, and to facilitate the achievement of adequate revenue for the City, the Agency now desires to establish and adopt requirements and guidelines pertinent to uses and development standards within the Project Area; and WHEREAS, the Agency has published notice of, and has conducted a public hearing concerning the adoption of such requirements and guidelines, pursuant to section 424 of the Redevelopment Plan, and has duly considered all evidence and testimony submitted to the Agency at the public hearing; and WHEREAS, the Arcadia Redevelopment Agency has- adopted a program Environmental Impact Report ("EIR") on November 20,.1973 a the time of the establishment of the project area, and has adopted a program EIR on May 5, 1981 at the time of the amendment of land uses east of Second Avenue to (Commercial) Planned Development, and the City Council has adopted a Negative Declaration on June 17, 1966 for Ordinance No. 1883, a zone change adopting architectural ARA-172 and land use standards for a portion of the Central Redevelopment Project Area, and an initial study has been prepared on the proposed adoption of this Resolution and a Negative Declaration prepared.. NOW THEREFORE, THE ARCADIA REDEVELOPMENT AGENCY OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLI+OWS: 5ECTION 1. The Agency finds that the Use and Design Requirements and Guidelines (the "Guidelines") attached hereto as Exhibit "A" and incorporated herein by reference, are reasonable and necessary in order to eliminate blight and to facilitate and encourage the policies and objectives of the Redevelopment Law. In particular, the Agency finds that without the Guidelines, there will likely be developed in the Project Area uses incompatible with high quality office, restaurant and retail centers and industrial facilities, and structures which create a haphazard and inconsistent mix of architectural design, all of which promote blight and discourage investment in real property and redevelopment activities. The Agency further finds that the needs of the community would be adequately served by the location of .certain uses, described in the Guidelines as inappropriate for the Project Area, in other more suitable areas within the City, since (aj the Project Area constitutes merely a small area within the City, (b) other areas within the City generally do not contain the blighted conditions which caused the need Por adoption of the Redevelopment Plan for the Project Area, and (c) there is sufficient demand from residents, businesses and community organizations in other areas of the City for such uses to be located in those areas. The Agency ARA-172 further finds that the uses described in the Guidelines as inappropriate Por the Project Area do not constitute uses which would facilitate development oP integrated, high quality office complexes and retail centers, and that many of such uses would be incompatible with existing structures and desired redevelopment projects due to the appearance, traffic, noise, glare, smoke, or similar factors°typically associated with such uses. SECTION 2. The Agency hereby approves and adopts the Guidelines, and requires that any and all development, redevelopment, and rehabilitation, repair, alteration, construction or reconstruction of structures within the Project Area be undertaken and completed in confortaity with the Guidelines. A copy oP the Guidelines shall be forwarded by the Agency Secretary to the City's Planning Department and Business License office in the Finance Department for their reference and use in considering applications for permits and approvals pertinent to the Project Area. SECTION 3. This Resolution shall take effect upon adoption. Passed, approved and adopted this 19th•.:.day of Januar 1993. -_ ~. , .. / ATTEST: -= S~etary f ~ Arcadia Rede opment Agency a Redevelopment ARA-172 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, JUNE D. ALFORD, Secretary; Arcadia Redevelopment Agency of the City of Arcadia, hereby certify that the foregoing Resolution No. ARA-172 was passed and adopted by the Arcadia Redevelopment Agency of the City of Arcadia, signed by the Chairman and attested to by the Secretary at a regular meeting of said City Council/Agency meeting held on the 19th day of January, 1993 and that said Resolution ARA-172 was adopted by the following vote, to wit: AYES: Agency Members Ciraulo, Harbicht, Lojeski, Margett and Fasching NOES: None ' ABSENT: None ~~~ ~V ~ Sec ary Arcadia Redevel ent A ency ARA-1J2 USE AND DESIGN REQUIREMENTS AND GIIIDELINES FOR THE CENTRAL REDEVELOPMENT PROJECT AREA ("PROJECT AREA"} tatement of Polic 1. These Usa and Design Requirements and Guidelines are intended to supplement and clarify the City of Arcadia General Plan, the Arcadia Municipal Code, in particular Article IX -Zoning Ordinance; the Redevelopment Plan for the Central Redevelopment Project, as each may be amended from time to time and the Agency's Design Review regulations (ARA Resolution 13}. 2. The Agency desires and intends to encourage construction of new and rehabilitation of existing buildings to include attractive quality high end retail stores and restaurants, as well as professional offices and industrial buildings. These buildings and facilities should be constructed of attractive, quality, durable materials; architecturally designed and constructed to be compatible and harmonious with the downtown, with ample landscaping using preferably mature flora and shielded lighting (as appropriate). 3. The Agency desires and intends to discourage and reject uses and architectural elements such as incompatible, inappropriate, or non-harmonious signage, colors, materials, building size or mass, accessories, architectural styles or treatments, etc. which are of themselves unattractive or blighting or tend to induce a blighting influence in the area as shown by an increase in illegal and/or unattractive signage, economically marginal uses, unusual security systems, criminal activity, increased vehicular traffic resulting in traffic violations, accidents and illegal parking. Inappropriate Uses Inappropriate uses in the project area, which the Agency will generally not approve, include the following and anything which the Agency determines to be similar in character: - pawn shops - flea market or second hand "swap meat" or surplus stores - second hand or used merchandise stores - antique stores, if merchandise is less than 100 years old - laundromats - thrift stores - bail bonds offices - dance studios/halls - karaoke bars or halls - modeling agencies - palmistry, fortune telling ARA-172 - astrology, psychic - beauty college - acupressure studios or facilities - electronic and/or video game arcades, pinball arcades - hot tub/suntan facilities - sutomoblle related uses except sale of new, or used cars in connection with the sale of new cars - auto service or gas stations - tare and battery shops - muffler shops - automobile storage garage - fast Pood restaurants, except where such are included and incidental within an office building, and which do not contain drive-through service - drive-in theaters - bars and cocktail Lounges, excegt in conjunction with a bona fide dinnerhouse restaurant - coin-operated, self-service dry cleaning machines - frozen Eoods locker - mortuaries - sanitariums - bath - turkish and the like - churches - coin-operated and automatic car washes - storage garage - upholstery shop - utility trailer and truck rental yard - pool or billiard halls - martial arts studios or academies - billboards advertising products not identifying a use on premises - any operation (for industrial areas) primarily used as a distilling, refining, smelting, agricultural or mining operation - check cashing service - nail salons - massage parlors - stores selling liquor for off-premise consumption, except as part of a comprehensive development plan of at least 40,000 sq. ft. - convenience stores - ambulance .services - bowling alley - gun shop - heavy machinery rental Desirable Architectural Design Styles The Agency will generally approve only .the following design elements: the use of red or brown brick ar wood with base and accent colors consistent with the Downtown Revitalization ordinance. Other design elements, architectural treatment and colors may be permitted by the Agency if the proposed development or building offers some unique amenities or benefit to the community and the downtown area. ARA-172 IDA,pDronriate Architectural Desian Styles Inappropriate design, which the Agency will not permit, includes without limitation domes, minarets, windmills, exterior stairways or hotel room access, intermixed and incompatible or non harmonious architectural styles/designs on-one building or one site, buildings predominantly of reflective glass, buildings out oP character and inconsistent with other buildings in the downtown, including landscaping. Exception Notwithstanding the above, the Agency in its reasonable discretion may, for :a building or project of unusual economic significance or potential positive architectural impact,. approve a variation for, waive or modify the above Use-and Design Guidelines.' Existing non-conforming uses will generally -continue to be permitted subject to the -Arcadia- Municipal Code -and the Redevelopment Plana If any existing inappropriate use is abandoned or discontinued for a period of 90 days, any rights under these Guidelines shall .terminate. - Increased Intensity of Uses The land in the areas bounded by W.;HUntington, Santa Anita and Santa Clara, and the land bounded by E. Huntington, the AT & SF railroad tracks, N. Second and Santa Clara is in the heart of the redevelopment project area. As such, they have high visibility from surface, freeway and rail' traffic and therefore have an unusual impact on the future development of their immediate area, the entire downtown project area; and the City's overall image and reputation. Therefore; the Agency desires and intends this land be developed for more-intense and attractive commercial uses than permitted under the existing zoning, including but not limited to greater height, e.g., 3-6 stories with subterranean parking vs. 3 stories. The Agency generally-will not. permit. less intense uses than that stated herein, including but not limited to single story "mini-mall" retail, one or two story office, retail; hotel, or such mixed uses. ARA-172