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HomeMy WebLinkAboutOctober 7, 2008,~ C1L~ Of Arcadia Office of the City Cleric James H. Barrows City Clerk NOTICE 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 5:00 p.m. on Tuesday, October 7, Zoos. At this Special Meeting, the following matters will be discussed, considered and acted upon: CLOSED SESSION a. Pursuant to Government Code Section 54956.9(a) to confer with legal counsel regarding the Workers' Compensation case of David Swearengin. b. Pursuant to Government Code Section 54956.9(c) to confer with legal counsel regarding potential litigation: One (1) case. c. Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of Peck Entertainment, et al. v. City of Arcadia (United States District Court Case No. CV06-4631 PJWx). d. Pursuant to Government Code Section 54956(a) to confer with legal counsel regarding the case of Taboo Gentlemen's Club, et al. v. City of Arcadia (California Superior Court 2n° Appellate District Court Case No. 6203060). e. 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 Prooerty Management Inc et al (Real Parties in Interest) (Los Angeles Superior Court Case No. BS108923) and the case of Arcadia Parties in Interest) (Los Angeles Superior Court Case No. BS108937). STUDY SESSION a. Report, discussion and direction regarding regulation of massage uses and enforcement of massage therapist regulations. b. Report, discussion and direction regarding proposed Redevelopment Agency Tax Allocation Bond issue. 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066-6021 (626)574-5455 (626) 447-7524 Fax n. r 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 atthis meeting. Dated: October 2, 2008 ~~~~~ Mayor of the City of 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. CITY OF ARCADIA CITY COUNCILIREDEVELOPMENTRGENCY REGULAR MEETING TUESDAY, OCTOBER 7, 2008 AGENDA 7:00 p.m. ~~ Location: City Council Chamber, 240 W. Huntington Drive CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE Janet Sporleder, Library & Museum Services Director ROLL CALL OF CITY COUNCIUREDEVELOPMENTRGENCY 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 SESSIONICLOSED SESSION ITEMS SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS -- - - --- _ MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE ______ THE READING IN_FULL _ .____ PRESENTATIONS a. Presentation of Proclamation Designating October as Fire Prevention Month. 1. PUBLIC HEARING All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to any Public Hearing item on this agenda, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. CITY COUNCIL ITEMS: a. Recommended Action: Deny Any writings or documents provided fo a majodty of the Ctty Council regarding any item on this agenda wi!! be made available for public inspection in the City Clerk's office located at 240 W. Huntlngton Drive, Amadia, CaJifomia, during normal business hours. _. b. Adopt Resolution No. 6648 amendino Resolution No. 6513 relating to Adult Business Performer License Fees. Recommended Action: Adopt 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 Meetina Minutes of September 16. 2008. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Regular Meetina Minutes of September 16. 2008. Recommended Action: Approve c. Adopt Ordinance No. 2246 amendino the Arcadia Municipal Code by addind a new Section 4630.2 to Article IV (Noise Regulations) regarding hours of operation for gardeners and landscapers and amendino and adding various Sections to Article IX (Zoning Regulations and General Provisions) Recommended Action: Adopt Approve a Communications Site Lease Agreement between the City and vianyc v~wc rain-v~v ~. vi~ Recommended Action: Approve e. Authorize the Citv Manaoer to execute a contract with Esoino's Coq Shop. Inc. Recommended Action: Approve Any wdtings or documents provided fo a majority of the City Council regarding any item on this agenda will be made available for public inspection in the Cdy Clerk's office located at 240 W Huntington Ddve, Arcadia, California, dudng normal business hours. Approve the revisions to the classification specifications and compensation level for Building Maintenance Technician. Maintenance Worker. Strorekeeper/Buyer and Evidence Technician. Recommended Action: Approve 3. CITY MANAGER a. Introduce the Schematic Design for the Joint Use Gymnasium at Dana Middle School. Recommended Action: Receive and file b. Report. discussion and direction regarding 4th of July Fireworks show for years 2009 and 2010. Recommended Action: Provide direction c. Adopt Resolution No 6647 opposing Measure R the proposed Los Angeles County Metropolitan Transportation Authority one-half percent ('/:%) sales tax increase. Recommended Action: Adopt ADJOURNMENT The City Council/Redevelopment Agency will adjourn this meeting to Tuesday, October 21, 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 writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W Huntington Drive, Arcadia, Cali/omia, during norms! business hours. ~•r~rvo•.o-e Au~~~ f, INl C° °~ ~m°°~:Y °f~°s MEMORANDUM Development Services Department To: Don Penman, City Manager From: Bob Sanderson, Chief of Police Jason Kruckeberg, Development Services Director Date: October 7, 2008 RE: STUDY SESSION: MASSAGE USES AND MASSAGE THERAPIST REGULATIONS AND ENFORCEMENT BACKGROUND AND EXISTING REGULATIONS Recently, the City has seen a proliferation of establishments that provide massage services. Day spas, medical office uses such as chiropractors and acupuncturists, and other "health centers" have become more and more prevalent. The uses are typically permitted as legitimate businesses, but change once established into primarily massage uses. Business license requests for massage therapists have increased dramatically and we have begun to receive complaints from residents on this issue. Our existing regulations prohibit massage parlors or establishments in Arcadia. However, we allow massage as an incidental or secondary use to an established day spa or medical office such as an acupuncturist or physical therapist. In the case of medical offices, the Code allows no more than two massage therapists to be at the site at any one time. For day spas or salons, there is no limit to the number as long as massage remains "incidental". We tend to use a floor plan to regulate this limit...if less than 50% of the floor plan is dedicated to massage that it is considered incidental. The City's regulations are very detailed and focus primarily on massage therapists, outlining standards for obtaining an identification card, background check, and business license. The existing Ordinance also provides regulations on permissible activities, outlines responsibilities and requirements for owners and operators, establishes hours of operation (no later than 9:00 p.m.), lists prohibited activities that may occur within the establishment, and provides operational requirements. The regulations on massage therapists appear to be comprehensive and well thought out. The regulations are enforceable but require Study Session -Massage Regulations October 7,.2008 Page 1 a significant commitment on the part of the Police Department and potentially Development Services and Fire to truly regulate these establishments. PROBLEMS AND. ISSUES The underlying issue is that there have been documented cases of prostitution and other inappropriate acts at massage establishments in Arcadia and neighboring cities. In addition, the number of massage therapists requesting permits has skyrocketed. The Business License Division is receiving approximately 2 to 4 requests for licenses or applications per day. The Police Department is processing (running background checks) on 6-9 applications per week. In one recent day,. we received 12 new applications or requests for applications. There simply are not that many legitimate establishments in this City to handle this kind of volume. Those who come in for licenses typically have all the information we require to get their license. These numbers do not include those operating without licenses. From a regulatory standpoint, problems arise not as a result of the ordinance, but in perceived "loopholes" in the ordinance. One loophole is that there is not a mechanism in place to limit the number of licenses issued to an acupuncturist or doctor's office or salon: Even though we allow no more than two massage therapists on the premises at any one time, we may issue 10 or 12 licenses for that location because the argument is that the therapists are part-time and move around, providing their services at a number of locations. In addition, just because a medical doctor or acupuncturist takes out a license at the establishment does not mean the doctor is present. Again,'the argument is that the doctor may have two or three locations and split time between them. In the case of a day spa or salon, we regulate the initial floor plan but it is relatively easy to retroactively change a facility to accommodate more massage and this appears to be commonplace. In response to these issues, staff has enacted a policy change at the time of business license to only .issue a total of two licenses to an acupuncturist or medical office. We also now require an acupuncturist/medical office to have a doctor on site during all hours of business. Although these measures might be somewhat effective, it still comes down to enforcement and having a consistent presence in the field. As far as day spas are concerned; these are much more difficult to regulate. It is very problematic to attempt to regulate how a day spa gets utilized. Rooms that can be used for facials or other skin therapies can also be used for massage. A by product of heavy regulation of massage uses is that legitimate spa uses may be significantly impacted. Study Session -Massage Regulations October 7, 2008 Page 2 ENFORCEMENT Arcadia Municipal Code Ordinance 6418.19 identifies operating conditions that a business in Arcadia must abide by if they provide massage therapy services. With the proliferation of massage therapy businesses that are currently operating in Arcadia, in May 2008 the Police Department began a series of inspections of these businesses to ensure compliance to the operating conditions set forth in the ordinance. Initial inspections of massage therapy businesses by the Police Department determined that all of the inspected locations were in violation of a mixed variety of the operating conditions stated in the ordinance. Following these inspections the Police Department joined with Fire Department, Code Enforcement and Building Department inspectors to review the operations of these businesses from amulti-discipline approach. While some of the previously inspected businesses had corrected deficiencies in their operation, many had not completely complied and were furthermore determined to be in violation of various fire and building code requirements in addition to the operating conditions identified in Ordinance 6418.19. Additional inspection and enforcement actions are forthcoming by the city team of inspectors with the end result expected to either bring full compliance to all applicable ordinances and codes or result in the revocation of the business license for businesses that remain non-compliant. The following list of businesses in town offer massage therapy services to the public and are under obligation to comply with the operating provisions set forth in AMC 6418.19. A list of the operating conditions are attached for reference and for the purposes of this report, each identified business will show the alphabetical sub-section of the ordinance operating conditions that the business was found to be in violation (starting on page 13 of the attached Ordinance). Business Name Contact Person Date of Inspection(s) Ordinance Violations 1. Elegant Nail & Spa Tan Nguyen, Mgr. 05/30/08 Unlicensed Operation 7 E. Foothill Blvd. 2. Urban Retreat* Carlos Caire, Employee 05/30/08, 09/10/08 (A)(B)(,i)(LT)(T) 13 E. Foothill Blvd. 3. Acquadoro Spa Laura Haro, Employee 05/30/08 (A)(B)(.i)(S) 130 E. Foothill Blvd. 4. TCM Healing* Li Sun, Owner 05/30/08, 09/10/08 (A)(B)(.l)(S)(T')(iJ) 1 S E. Duarte Rd. 5. Arcadia Spa* Ai Hong Li, Owner 05/30/08, 09/04/08 (T)(LT) 28 E. Duarte Rd. 6. Swan Spa Liu Wang, Mgr. 06/09/08 (A)(P)(Q)(S)(T)(U) 921-F S. Baldwin Ave. 7. Ann Karen Day Spa Jeny Han, Mgr. 06/09/08 (S)(iI) 1215 S. Baldwin Ave. Study Session -Massage Regulations October 7, 2008 Page 3 8. Arcadia Acupunct. Pearl He, Owner 06/09/08 (Q)(S)(T) 1421 S. Baldwin Ave. 9. LL Acupuncture* Michele Lee, Therap.. 06/16/08, 09/04/08 (Q)(S)(T)(LJ) 11 W. Huntington Drive 10. Life Day Spa* Maggie Chen, Therap. 06/16/08, 07/08/08 (T)(iJ) 909 S. Santa Anita Ave. 11. Cute Baby Beauty* Ashley Liu, Owner . 06/16/08, 09/10/08 (S)(I')(U) 1 W. Duarte Rd. 12. Votre Salon Rosaria Sobczak, Own. 06/25/08 (Q)(R)(S)(U) 834 S. Baldwin Ave. 13. A.H. Health Center Yumi Yuan, Therap. 06/25/08 (A)(B)(.T)(P)(Q)(S) 623 W. Duarte #5 (T)(U) 14. Arcadia Spine Ctr. Dr. Clarizio 06/25/08 (B)(R)(S) 638 W. Duarte Rd. #16 15. Health Therapy* Jim Li, Owner 07/01/08, 09/03/08 (Q)(S)(T)(iJ) 608-610 E. Live Oak Ave. 16. JC Acupuncture* Wei Zhang, Owner 07/01/08, 09/04/08 (A)(P)(Q)(S)(T)(iJ) 400 N. Santa Anita Ave. 17. Best Health Caze* Jiemin Wu, Owner 07/01/08, 09/04/08 (L)(T) 25 N. Santa Anita #C 18.Otchid Spa* Helen Hung, Therap. 07/01/08, 09/10/08 (S)(T)(iJ) 1004 N. Santa Anita Ave. 19. CH Health Center* Jie Pan, Therapist 07/08/08, 09/03/08 (S)('1~(iJ) 178 W. Live Oak - Prostitution Suspected 20. Spring Spa* Chian Soutthanirasay 07/08/08, 09/03/08 (Q)(S)(U) 556 Las Tunas Drive #204 21. Body Perfect Liping Smith, Owner 07/08/08 (T) 556 Las Tunas Drive #206, 207 22. Advanced Health Bruce Baptie, Owner 07/08/08, (B)(S)(T)(iJ) 813 W. Huntington Drive 23. Asiana Accupunct. Jim Hong Ding, Ther. 07/08/08 (T)(iJ) 149 E. Huntington Drive 24. Spa Xanadu Donna Kan, Director 07/15/08 (S) 26 E. Huntington Drive 25. Fortunasce Assoc. Hollie Tirrell, Trainer 07!15/O8 (Q)(S)(T) 671 W. Naomi Ave. 26. Ocean Health* Zhaouquin Bu, Therap. 09/03/08 (R)(S)(T)(U) 556 W. Las Tunas #201 27. Arcadia Beauty* Shi Hua Gao, Owner 09/10/08 (R)(S)(il) 556 W. Las Tunas #106 28. Phoenix Spa* Maili Chen, Owner 09/10/08 (J)(S) 37 E. Duarte Rd. 29. Bliss Spa* Cindy Lee, Owner 09/17/08 (Q)(S)(iJ) 56 E. Duarte Rd. 30. Magic Hands Spa* Wei Garza 09/17/08 (B)(J)(Q)(S)(T)(iJ) 145 E. Duarte Rd. #A-1 31. Venus Health Spa* Tan Suqin, Owner 09/17/08 (S)(T)(iJ) 1023 %z S. Baldwin Ave. 32. Orient Retreat Spa* Angel Tang, Asst. Mgr 09/17/08 (S)(Q)(T') 1107 S. Baldwin Ave. Study Session -Massage Regulations October 7, 2008 Page 4 * Indicates fue and building code violations in addition to operating code violations Following the initial inspection of each massage therapy business, inspectors provided the contact person with a list of the operating conditions set forth in AMC 6418.19 with a circle around each of the noted violations. The contact person signed their name acknowledging receipt of the list of conditions and was advised to make the necessary corrections by the time of the next inspection. Furthermore, Fire Department and Code Enforcement inspectors issued citations for municipal or state code violations related to unpermitted construction, faulty electrical operation, blocked exits, fire extinguishers, plumbing violations and more. POTENTIAL ACTIONS The Police Department and Development Services Department have been pursuing the following actions to attempt to regulate massage uses in the City. The Development Services Department is currently: 1) Requiring a doctodacupuncturist to be on site at all times. 2) Allowing only two licenses at any one time to a doctor office/acupuncturist/chiropractor and not allowing these licenses to "move' between addresses. 3) Require all necessary state licenses (for Salons and Day Spas} to be presented along with any applications at such a facility. The Police Department is currently leading the following efforts: 1) The city team of inspectors will continue inspections in the month of October 2008 to include follow-up inspections as necessary. 2) Any business offering massage therapy services that remain non- compliant with respect to the operating conditions of AMC 6418.19, or who fail to correct fire and code violations as required will be referred to the City Business License office with a recommendation to revoke their business license and require the closing of their business, subject to any required appeal process. Additional options for comprehensive regulation included: I) Require any use with massage to get a Conditional Use Permit. This would include spas and any doctor's offices that provide massage. CUP's carry conditions that might make it easy to revoke. Study Session -Massage Regulations October 7, 2008 Page 5 2) Provide a "test" to determine if a legitimate certificate is issued. Some cities have gone to both a written and practical (physical) test to determine if a therapist is in fact trained properly. 3) Enact a moratorium on massage uses to allow the Police Department and- Development Services Department time to craft a more comprehensive approach to regulatirig massage uses that could include the above-listed measures or more stringent restrictions. Attachment: Arcadia Municipal Code Section 6418 (Massage Regulations) Study Session -Massage Regulations October 7, 2008 Page 6 6418. FINDINGS AND PURPOSE. The City of Arcadia is authorized, by virtue of the State Constitution and Section 51031 of the Government Code, to regulate massage therapists by imposing reasonable standards relative to their skill and experience, and to regulate owners and operators, of massage therapy businesses to ensure the safety of clients receiving massage therapy. The City Council finds and determines that licensing standards pertaining to massage therapy business activities are necessary to protect the public health and safety and the personal safety of massage therapists. The City Council further finds that the public health and safety are best served by the adoption of an ordinance providing for regulation of massage therapy business activities in a manner that is consistent throughout the City of Arcadia. The establishment of reasonable standards for issuance of a license and restrictions on massage therapy business activities would serve to reduce the risk of illegal activities. There is a significant risk of injury to massage clients by improperly trained and/or uneducated massage therapists and this Division provides reasonable safeguards against injury and economic loss. 6418.1. DEFINITIONS. "Acupressure" shall mean the stimulation or sedation of specific meridian points and trigger points near the surface of the body by the use of pressure applied in order to prevent or modify perception of pain or to normalize physiological functions, including pain control, in the treatment of certain diseases or dysfunctions of the body. "Applicant" means the individual seeking a permit pursuant to this Division. "Certified copy" shall mean a copy of a document that is certified by the issuer as being a true and accurate copy of the original document or a similar document bearing an original signature of the issuer. "Chief of Police" means the Chief of Police of the City of Arcadia, or his or her designated representative. "City regulatory officials" shall mean the City's Licensing Authority, Building and Planning Services, Code Services Officers, Fire Department and the Police Department. "Disqualifying conduct" means any of the following: (A) Pandering; (B) Keeping or residing in a house of ill-fame; 1 (C) Keeping a house for the purpose of assignation or prostitution, or other disorderly house; (D) Prevailing upon a person to visit a place of illegal gambling or prostitution; (E) Lewd conduct; (F) Prostitution activities; (G)Any offense committed in any other State which, if committed or attempted in this State, would have been punishable as a felony; , (H) Any felony offense involving the sale of any controlled substance; (I) Any offense committed in any other State which, if committed or attempted in this State, would have been punishable as a felony offense involving the sale of any controlled substance; (J) Any misdemeanor or felony offense which relates directly to the practice of massage therapy, whether as a massage therapy business owner or operator, or as a massage therapist; or (K) Any felony the commission of which occurred on the business premises where message therapy services are performed. "Employ" shall include, without limitation, contracting with independent contractors as well as hiring or employing persons. "Employee" shall include, without limitation, independent contractors and persons hired or employed by an operator or owner of a massage therapy business. "Health Department" means the Health Services Agency of the County of Los Angeles. "License" shall mean the license to operate a massage therapy business in the City of Arcadia. `Licensing Authority" shall mean the Business License Officer or the designated official responsible for issuing, revoking and otherwise administering the provisions of this Division. ' "Massage" or "massage therapy" shall mean any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of, the human body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without supplementary aids such as creams, 2 ointments, or other similar preparations commonly used in the practice of massage, under such circumstances that it is reasonably expected that the person to whom the treatment is provided or some third person on his or her behalf will pay money or give any other consideration or any gratuity therefor. "Massage therapist" shall mean any person who, for any consideration whatsoever, performs or offers to perform a massage in a massage therapy business. "Massage therapy business" shall mean any establishment having a fixed place of business for the purpose of deriving income or compensation from massage therapy services. "Minor" means any individual under the age of eighteen (18) years. "Nudity" or "semi-nudity" shall mean any of the following: (A) The appearance or display of an anus, male or female genital, pubic region or a female breast; or (B) A state of undress which less than completely covers an anus, male or female genital, pubic region or a female breast. "Operator" or "owners means the individual(s) who are responsible for the management and/or supervision of a massage therapy business. Whenever the term owner or operator is used in this Division, it shall be deemed to include, without limitation, the manager of any massage therapy business. "Patron" shall mean any person who receives a massage in exchange for any form of consideration including, but not limited to, the payment of money. "Recognized school of massage" shall mean any school or institution of learning which teaches, through State certified instructors, the theory, ethics, practice, profession or work of massage, which school or instruction complies with California Education Code Sections 94700 through 94999 and any and all successor statutes, and all regulations promulgated pursuant thereto, and which requires a resident course of study before the student shall be furnished with a diploma or a certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning; and shall further mean any similar school or institution of learning in another State of the United States which has standards and requirements equivalent to those of 3 California Education Code Sections 94700 through 94999 and regulations promulgated pursuant thereto. "Specified anatomical area" shall mean human genitals, pubic region or a female breast. 6418.2. ACUPRESSURE. This Division shall also apply to the administration of acupressure. 6418.3. PERMISSIBLE MASSAGE THERAPY BUSINESS ACTIVITIES. It shall be unlawful for any person to own, conduct, permit, or manage a business establishment having a fixed place of business for the sole and primary purpose of deriving income or compensation from massage therapy business activities. Massage therapy business activities shall be purely incidental and secondary to any established business. Massage therapists may operate at (a) an established medical office, including, without limitation, an office of an acupuncturist or a physical therapist; and (b) a day spa or salon.. All such established businesses shall comply with all building and zoning regulations, the regulations of this Division, and all other applicable requirements of law. 6418.4. NUMBER OF LICENSES PERMITTED. Each medical office, including that of an acupuncturist, shall be limited to two (2) massage therapists at any given time. 6418.5. HOURS OF OPERATION. No massage therapist shall administer a massage in any established business between the hours of 9:00 p.m. and 7:00 a:m. The hours of operation must be displayed in a conspicuous public place within the established business. 6418.6. BUSINESS OWNERlOPERATOR RESPONSIBILITY. All business owners and/or operators shall be responsible for the conduct of all employees and independent contractors. Any act or omission of any employee or independent contractor constituting a violation of the provisions of this Divisioh shall be deemed the act or omission of the business owner for purposes of determining whether the owner's license shall be revoked, suspended, denied or renewed. No business owner and/or operator shall employ any person, or allow any person, to conduct a' massage or act as an independent contractor conducting massage who does not have a valid Massage Therapist Identification Card and Business License issued pursuant to 4 this Division. No business owner or operator shall operate a business that provides massage therapy unless such .owner and/or operator has a current Owner/Operator Identification Card, as provided in this Division. 6418.7. BUSINESS OWNER/OPERATOR IDENTIFICATION CARD REQUIRED. Any person owning or operating a business that provides massage therapy shall apply for and obtain from the City of Arcadia a Business Owner/Operator Identification Card. The applicant shall file a written application on the required form provided by the Arcadia Police Department. The following information, documents and other requirements shall be included with the submission of such application: (A) A statement of the exact location of the business, including the full street address and all telephone numbers associated with said location. Operators shall provide a letter of verification from the owner of the business, signed and dated, indicating the intent to employ the applicant; (B} Applicants shall also provide the following information: (1) Full name, and all aliases used by the applicant, along with complete residence address and telephone number, (2) Previous residential addresses for five (5) years immediately preceding the current address of the applicant, (3) Driver's license number or identification number, (4) Social security number, (5) Whether or not the applicant is required to register as a sex offender pursuant to Penal Code Section 290, (6) All criminal convictions, including pleas of nolo contendere (no contest}, within the last ten (10) years, including, without limitation, those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations; and the date and place of each such conviction, (7) A statement in writing and dated by the applicant certifying under penalty of perjury that all information contained in the application is true and correct, (8) A statement in writing and dated by the applicant certifying under penalty of perjury that he or she: 5 (a) has received a copy of this Division; (b) understands its contents; and (c} understands the duties of owners/operators of businesses that provide massage therapy as provided in this Division; (C) Two (2) front-face portrait photographs at least two inches (2") by two inches (2") in size taken within thirty (30) days immediately preceding the date of application; (D) A complete set of fingerprints taken. on the date of application by the Arcadia Police Department; (E) Such other infdrmation and identification as the Chief of Police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application; (F) The applicant shall pay a nonrefundable application fee at the time of filing an application, in the amount established by resolution of the City Council. 6418.8. MASSAGE THERAPIST IDENTIFICATION CARD REQUIRED. Any person performing massage or massage therapy shall apply for and obtain from the City of Ardadia a Massage Therapist Identification Card. The applicant shall file a written application on the required form provided by the Arcadia Police Department. The following information, documents and other requirements shall be included with the submission of such application: (A) A statement of the exact business location at or from which the applicant will be working as a massage therapist, including the full street address and all telephone numbers associated with said location, and a letter of verification from the owner of the business, signed and dated, indicating the intent to employ the applicant, and the following personal information concerning the applicant: (1} Full name, and all aliases used by the applicant, along with complete residence address and telephone number, (2) Previous residential addresses for five (5) years immediately preceding the current address of the applicant, (3) Written proof that the applicant is at least eighteen (18) years of age, (4) Height, weight, color of hair and eyes, and gender, s (5) Driver's license number or identification number, (6) Social security number, (7) The occupation and employment history of the applicant, including, without limitation, names, addresses and telephone numbers of all employers, for the five (5) years immediately preceding the date of application, (8) The complete permit history of the applicant concerning massage or massage therapy services provided by the applicant, including, without limitation, whether the applicant has ever had any license or permit, issued by any agency, board, City, or other jurisdiction, denied, revoked or suspended, and if so, the date, location and reason for the denial, revocation or suspension, (9) Whether or not the applicant is required to register as a sex offender pursuant to Penal Code Section 290, (10) All criminal convictions, including pleas of nolo contendere (no contest), within the last ten (10) years, including, without limitation, those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations; and the date and place of each such conviction, (11) A statement in writing and dated by the applicant certifying under penalty of perjury that all information contained in the application is true and correct, (12} A statement in writing and dated by the applicant certifying under penalty of perjury that he or she: (a) has received a copy of this Division; (b) understands its contents; and (c) understands the duties of a massage therapist as provided in this Division; (B) Two (2) front-face portrait photographs at least two inches (2") by two inches (2") in size taken within thirty (30) days immediately preceding the date of application; (C) A complete set of fingerprints taken on the date of application by the Arcadia Police Department; 7 (D) A certified copy of the applicant's diploma or certificate of graduation and certified transcript of graduation for completion of five hundred (500) hours of instruction from a recognized school of massage. Notwithstanding the foregoing, an applicant may renew, prior to its expiration, a permit obtained from the City prior to the effective date of Section 6418.7 with fewer than five hundred (500) hours of instruction; provided, however, that the requirement for a minimum of five hundred (500} hours of instruction shall apply to any and all subsequent renewals of the permit; (E) Such other information and identification as the Chief of Police may require in order to discover the truth of the matters herein specified and as required to be set forth in the application; (F) The applicant shall pay a nonrefundable application fee at the time of filing an application, in the amount established by resolution of the City Council. 8418.9. PROCESSING THE APPLICATION.. All Massage Therapist Identification Card applications, and Business Owner/Operator Identification Card applications, together with the application fee, shall be submitted to the Arcadia Police Department.. Following the determination by the Chief of Police that the application is complete, the Chief of Police shall conduct an investigation, in such manner as deemed appropriate, in order to ascertain whether such application should be approved as requested. Once it is deemed complete, the Chief of Police shall approve, conditionally approve or disapprove the application, within fifteen (15) business days, unless delayed by fingerprint checking or other facts which require additional investigation to determine the qualifications of the applicant. If the investigation requires processing beyond the fifteen (15) business day limit, the applicant shall be notified of the delay by mail prior to the expiration of the fifteen (15) business days. 6418.10. ISSUANCE OF IDENTIFICATION CARD. The Chief of Police shall issue a Massage Therapist Identification Card or a Business Owner/Operator Identification Card if there are no grounds. to disapprove the application as set forth in Sections 6418.16 and 6418.17 of this Division. 6418.11. BUSINESS LICENSE REQUIRED. 8 Upon receipt of a Massage Therapist Identification Card, the applicant shall furnish the Card to the Business License Office and obtain the required business license, which includes obtaining approval from the Department of Development Services, Planning Services, of the proposed business location. Owners of businesses providing massage therapy services shall furnish the Owner/Operator Identification Card to the Business License Office and shall maintain a current business license. No business owner shall operate a business that provides massage therapy services unless such owner has a current business license, and a current Owner/Operator Identification Card. 6418.12. RENEWAL OF BUSINESS LICENSE. A massage therapist shall annually apply for renewal of the business license and the Massage Therapist Identification Card on forms provided by the Arcadia Police Department. The massage therapist applicant shall pay a nonrefuhdable application renewal fee at the time of filing a renewal application in the amount established by resolution of the City Council. The massage therapist applicant must complete the entire application process if the business license expires, or the business has been closed more than one (1) year. Owners and/or operators of businesses that provide massage therapy sha{I annually apply for renewal of the Owner/Operator Identification Card on forms provided by the Arcadia Police Department. The owner and/or operator applicant shall pay a nonrefundable application renewal fee at the time of filing a renewal application in the amount established by resolution of the City Council. The owner of a business that provides massage therapy shall maintain a current business license. 6418.13. TRANSFER OF LICENSE. No Massage Therapist Identification Card, Business License or Owner/Operator Identification Card shall be sold or transferred to any other person or persons. 6418.14. CHANGE OF INFORMATION, If, during the term of a Massage Therapist Identification Card or Business License, a massage therapist has any change of information submitted on the original application or license renewal application, the massage therapist shall notify the Arcadia Police Department and the Business License Officer of such change in writing within ten (10) business days thereafter. If, during the term of an OwneNOperator Identification Card, an owner and/or operator has any change of information submitted on the original application or the renewal application, the owner and/or operator shall notify the Arcadia 9 Y Police Department of such change in writing. An owner shall also notify the Business License Officer of such change, within the same time period. 6418.15. CLOSURE OF MASSAGE THERAPIST BUSINESS LICENSE. The massage therapist is required to notify the Business License Office by written notice, filed within fifteen (15) business days after the last date of the performance or offering of massage therapy services, if he or she no longer pertorms or offers massage therapy services in the City of Arcadia. 6418.16. DISAPPROVAL OF BUSINESS OWNER/OPERATOR IDENTIFICATION CARD. If the Owner/Operator Identification Card application is denied, the Chief of Police shall provide written notice of the disapproval to the applicant. In cases where the Chief of Police does not .respond to the applicant within fifteen (15) business days after the application is deemed complete, the application shall automatically be deemed disapproved on the sixteenth (16th) business day after the application was submitted and deemed complete. If the application is disapproved, the applicant shall not be eligible to apply for any Owner/Operator Identification Card for a minimum of one (1) year from the date the application was disapproved. An owner and/or operator who is denied an Owner/Operator Identification Card may not operate a business that provides massage therapy until such owner and/or operator obtains an Owner/Operator Identification Card. The application shall be disapproved if the Chief of Police finds any one (1) or more of the following: (A) The application is incomplete or any required information or document has not been provided with the application; (B) The applicant has made one (1) or more false, misleading or fraudulent statements or omissions of fact on the application or during the application process; (C) The applicant has, within ten (10) years preceding the date of the application, been convicted of disqualifying conduct, or of a lesser included offense; (D) The applicant is required to register as a sex offender; (E) The applicant has not met the requirements of this Division; t0 (F) The granting of the identification card or license would pose a threat to public health, safety or welfare; (G)The applicant has been convicted of an act involving dishonesty, fraud, deceit or moral turpitude, or an act of violence, which act or acts are substantially related to the qualifications, functions or duties of a massage therapist; (H) The applicant has, within five (5) years preceding the date of application, had a similar permit or license denied, suspended or revoked for cause by a Licensing Authority, City, County or State. 6418.17. DISAPPROVAL OF MASSAGE THERAPIST IDENTIFICATION CARD. If the Massage Therapist Identification Card application is denied, the Chief of Police shall provide written notice of the disapproval to the applicant. In cases where the Chief of Police does not respond to the applicant within fifteen (15) business days after the application is deemed complete, the application shall automatically be deemed disapproved on the sixteenth (16th) business day after the application was submitted and deemed complete. If the application is disapproved, the applicant shall not be eligible to apply for any Massage Therapist Identification Card or Business License within the City of Arcadia for a minimum of one (1) year from the date the application was disapproved. The application shall be disapproved if the Chief of Police finds any one (t) or more of the following: (A) The applicant is not eighteen (18) years of age or older; (B) The application is incomplete or any required information or document has not been provided with the application; (C)The applicant has made one (1) or more false, misleading or fraudulent statements or omissions of fact on the application or during the application process; {D) The applicant has, within ten (10) years preceding the date of the application, been convicted of disqualifying conduct, or of a lesser included offense; (E) The applicant is required to register as a sex offender; (F) The applicant has not met the requirements of this Division; (G)The granting of the identification card or license would pose a threat to public health, safety or welfare; 11 (H) The applicant has been convicted of an act involving dishonesty, fraud, deceit or moray turpitude, or an act of violence, which act or acts are substantially related to the qualifications, functions or duties of a massage therapist; (I) The applicant has, within five (5) years preceding the date of application, had a massage therapist permit oc similar permit or license denied, suspended or revoked for cause by a Licensing Authority, City, County or State. 6418.18. PROHIBITED ACTIVITIES. (A) It is unlawful for any massage therapist, employee, patron, or any other person present where massage therapy services are being offered or performed, to expose or touch the genitals or anal area, or the breast of any female, whether his or her own, or those of another person. (B) It is unlawful for any massage therapist, employee, patron, or any other person present where massage therapy services are being offered or performed, to engage in any sexual activities. (C) It is unlawful for any massage therapist, employee, patron, or any other person present where massage therapy services are being offered or performed, to be in a state of nudity or semi-nudity. (D) No massage therapist shall provide or offer to provide any massage therapy services to a minor unless the minor's parent or legal guardian provides written permission. (E) No person shall enter, be in, or remain in, any area. where massage therapy services are offered or performed while in the possession of, consuming, using or under the influence of, any alcoholic beverage or controlled substance. Service of alcoholic beverages shall not be permitted at any established business where massage therapy services are being performed. (F) Patrons shall not be prohibited from the`use of, or possession of, cellular phones, pagers or any communication devices while massage therapy services are being offered or performed, (G) It is unlawful for any massage therapist, employee, patron, or any other person present where massage therapy services are being offered or performed, to wear or have in their possession such items as nightgowns, negligees, bathrobes, sex 12 paraphernalia or condoms. Every business owner and/or operator shall assure that such items are not being kept, possessed, stored or used on the business premises. (H) No electrical, mechanical or artificial device shall be used for audio and/or video recording or for monitoring the performance of a massage, or the conversation or other sounds in any massage room. 6418.19. OPERATIONS. (A) Identification Cards. Each massage therapist shall at all times have in his or her possession the Massage Therapist Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand: Each owner and/or operator shall at all times have in his or her possession the Owner/Operator Identification Card required by this Division and a valid photo identification. Such card and identification shall be provided to City regulatory officials upon demand. (B) Display of License. Each massage therapist shall display the Business License Certificate issued pursuant to this Division in an open and conspicuous place on the business premises where massage therapy services are performed. (C) Clothing. Each massage therapist and all other employees shall be fully clothed at all times. Clothing shall be fully opaque, nontransparent uniforms, similar to uniforms worn in medical offices, and shall provide complete covering of the genitals, pubic area, buttocks, anal area and chest area. (D) Sterilizing Equipment. Each massage therapist shall provide and maintain at the business location where the massage is performed adequate equipment for disinfecting and sterilizing instruments used in massage. (E} Covering. Each massage therapist shall provide to all patrons clean, sanitary and opaque coverings capable of covering the patron's specified anatomical areas, including the gehital, anus and chest area. Reuse is prohibited unless the covering is adequately cleaned. (F) Linen. Towels and linen shall be changed and laundered promptly after each use. Separate cabinets or containers shall be provided for the storage of clean and soiled towels and linen. 13 (G)Advertising. No massage therapist operating under this Division shall place, publish or distribute, or cause to be placed, published or distributed, any advertising matter that depicts nudity or semi-nudity or employs language in the text of such advertising that would reasonably suggest to a prospective patron that any other services are available other than those services authorized by this Division. (H) Discrimination. No massage therapist may discriminate or exclude patrons on the basis of their race, sex, religion, age, hahdicap or any other classification protected under federal or state laws, rules or regulations. (I) Inspections and Searches. The business owner/operator, and massage therapist, as a condition to the issuance of each Massage Therapist Identification Card, Owner/Operator Identification Card and Business License, shall be deemed to consent to the inspection of the business premises by the City Development Services Department, Fire Department, Police Department and the Los Angeles County Health Department for the purpose of determining that the provisions of this Division or other applicable laws or regulatiohs are met. {J) Lighting. The lighting in each massage room shall be at least one (1) sixty-watt white light bulb and shall be activated at all times while a patron is in such room or enclosure. No strobe flashing lights may be used. No colored lights shall be used nor shall any coverings be used which change the color of the primary light source. (K) Ventilation. Ventilation shall be provided in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (L) Building Permits. All building, plumbing and electrical installations shall be installed under permit and inspected by the Development Services Department. Such installations shall be installed in accordance with the applicable provisions of the building and construction codes adopted by the City of Arcadia. (M)Bath Facilities. A minimum of one (1) toilet and one (1) separate washbasin shall be provided for patrons. Soap or detergent and hot running water shall be provided to patrohs and employees at all times and shall be located within close proximity to the area devoted to the performance of massage therapy services. A permanently installed soap dispenser, filled with soap, and a single service towel 14 dispenser shall be provided at the restroom hand wash sink. No bar soap may be used. A trash receptacle shall be provided in each toilet room. (N) Separate Rooms. If male and female patrons are to be treated simultaneously, the following shall be provided: separate treatment rooms, separate dressing rooms and separate toilet facilities for each patron. (O) Maintenance. All facilities where massage therapy services are offered must be in good repair and shall be thoroughly cleaned and sanitized each day the business is in operation. All walls, floors and ceilings of each restroom and shower area shall be easily cleanable. (P) Massage Table. A massage table shall be provided in each massage room or enclosure and the massage shall be performed on this massage table. The tables shall have a minimum height of eighteen inches (1B"). Two-inch (2") thick foam pads with maximum width.of four feet (4') may be used on a massage table and must be covered with durable, washable plastic or other waterproof material. Beds, floor mattresses and waterbeds are not permitted on the business premises. (Q) Doors. No massage therapy services shall be given within any room or enclosure that is fitted with a door capable of being locked. The business premises' exterior doors and any doors separating the waiting or reception area from the remainder of the premises shall remain unlocked during business hours. (R) Posting. Each service offered, the price thereof and the minimum length of time such service is performed shall be posted in a conspicuous public location on the business premises. No services shall be performed and no sums shall be charged for such services other than those posted. (S) Notices. The following notice shall be conspicuously posted in a location within the business where massage therapy services are performed that is easily visible to any person entering the premises and in each massage room or enclosure: IN COOPERATION WITH THE ARCADIA POLICE DEPARTMENT OUR DOORS ARE TO REMAIN UNLOCKED AT ALL TIMES FOR PERIODIC INSPECTION TO INSURE OUR PROFESSIONALISM. 15 (T)Roster of Employees. The business owner and/or operator shall maintain a register of all massage therapists and employees, showing the name, nicknames and aliases used by the massage therapist or employee, home address, age, birth date, gender, height, weight, color of hair and eyes, phone numbers, social security number, date of employment and termination, if any, and duties of each employee. The above information concerning each massage therapist and employee shall be maintained at the premises of the business for a period of two (2) years following termination. The business owner and/or operator shall make the register of massage therapists and employees available immediately for inspection by the City regulatory officials upon demand at all reasonable times. {U) Records of Treatment. The business owner and/or operator shall keep a record of the dates and hours of each treatment or service, the name and address of the patron, the name of the massage therapist administering such service and a description of the treatment or service rendered. A short medical history form shall be completed by the massage therapist to determine if the patron has any communicable diseases, areas of pain, high blood pressure or -any physical condition that may be adversely affected by massage. These records shall be prepared prior to administering any massage or treatment, and shall be retained for a period of twenty-four (24) months after such treatment or service. These records shall be open to inspection upon demand only by officials charged with enforcement of this Division and for no other purpose. The City regulatory officials shall periodically inspect the records to ensure compliance with this Division. Such records shall be kept at the business. The information furnished or secured as a result of any such records shall be used only to ensure and enforce compliance with this Division, or any other applicable State or Federal laws, and shall remain confidential. Any unauthorized disclosure or use of such information by any officer or employee of the City shall constitute a misdemeanor. 6418.20. SUSPENSION AND REVOCATION OF OWNER/OPERATOR IDENTIFICATION CARD. The Licensing Authority shall suspend or revoke an. Owner/Operator Identification Card for any one (1) or more of the following: (A) The.owner or operator has violated a provision of this Division; 16 (B) The owner or operator is convicted of any disqualifying conduct or is required to register as a sex offender; (C) Information contained in the approved application is false, misleading or fraudulent; (D) The owner and/or operator refuses to allow representatives of the City to inspect business records or the owner or operator refuses to allow representatives of the City to inspect business premises owned or operated by the licensee and utilized for massage therapy services; (E) The owner or operator has ceased to meet any of the requirements of this Division. In the event of suspension or revocation of a card issued under this Division, the Licensing Authority shall send to the owner and/or operator a revocation or suspension notice ten (10) business days prior to the effective date of suspension or revocation. The card shall be deemed revoked or suspended on the eleventh (11th) business day after the City mails or otherwise delivers notice of suspension or revocation. 6418.21. SUSPENSION AND REVOCATION OF MASSAGE THERAPIST IDENTIFICATION CARD AND BUSINESS LICENSE. The Licensing Authority shall suspend or revoke a Massage Therapist Identification Card and Business License for any one (1) or more of the following: (A) The administering of massage therapy services has been conducted in a manner that does not comply with all applicable laws, including, but not limited to, this Division and the City's building and zoning regulations; (B) The license holder has violated a provision of this Division; (C) The license holder is convicted of any disqualifying conduct or is required to register as a sex offender; (D) Information contained in the approved application is false, misleading or fraudulent; (E) The license holder refuses to allow representatives of the City to inspect business records or any premises utilized by the licensee for massage therapy services; 17 (F) The license holder has ceased to meet any of the requirements of this Division. In the event of suspension or revocation of a license or card issued under this Division, the Licensing Authority shall send to the license holder a revocation or suspension notice ten (10) business days prior to the effective date of suspension or revocation. The license and/or card shall be deemed revoked or suspended on the eleventh (11th) business day after the City mails or otherwise delivers notice of suspension or revocation. 6418.22. RETURN OF LICENSE CERTIFICATE AND IDENTIFICATION CARD. If a Business License, Massage Therapist Identification Card, or Owner/Operator Identification Card is suspended or revoked, the license certificate and identification card shall be returned to the Licensing Authority no later than the end of the third (3rd) business day after the effective date of suspension or revocation. 6418.23. APPEALS. Within five (5) business days following the date of issuance by the Licensing Authority of the revocation or suspension notice, the applicant may file a written appeal to the Business Permit and License Review Board. The written appeal shall be filed at the City's Business License Office. In the event of an appeal, the effective date of license and/or card revocation or suspension shall automatically be continued until the date the City makes a determination concerning the appeal. Within ten (10) business days from the filing of such appeal, a hearing shall be conducted by the Business Permit and License Review Board at which time the applicant may present evidence in his/her favor and in opposition to the revocation or suspension. Within ten (10) business days from the conclusion of the hearing the Board shall make findings and render a final decision. 6418.24. REAPPLICATION AFTER REVOCATION. An applicant for either a license or an identification card under this Division whose license or identification card has -been revoked may not reapply for such license or identification card for a period of five (5) years from the date of revocation. However, the applicant may reapply prior to five (5) years if the applicant provides clear and convincing evidence that the ground or grounds for revocation no longer exist. 6418.25. EXEMPTIONS. The provisions of this Division shall not apply to any of the following: 18 (A) State licensed physicians, surgeons, chiropractors, physical therapists, osteopaths, or any registered or licensed vocational nurses working on the premises of, and under the direct supervision of, a State licensed physician, surgeon, chiropractor or osteopath; (B) Barbers, beauticians, manicurists and pedicurists who are duly licensed under the laws of the State of California, except that this exemption shall apply solely to the massaging of the scalp, face, neck, arms, hands, or feet of the client for cosmetic or beautifying purposes;-and (C) Athletic trainers certified by the State of California performing training services for professionals, amateur or school athletic events or practices. (Division 8 added by Ord. 2163 adopted 11-5-02; amended in its entirety by Ord. 2175 adopted 5-6-03; amended in its entirety by Ord. 2215 adopted 5-20-06) 19 U U U MEMORANDUM Arcadia Redevelopment Agency To: Don Penman, City Manager From: Jason Kruckeberg, Development Services Directo ~K Hue Quach, Administrative Services Director Prepared by: Jerry Schwartz, Economic Develop ent Manager~~ Date: October 7, 2008 RE: STUDY SESSION: PROPOSED 2008 REDEVELOPMENT AGENCY BOND ISSUE BACKGROUND During the Agency Board Study Session held on September 16, 2008, it was requested that staff prepare Agency .financial projections and a list of potential redevelopment projects that could be implemented with the bond proceeds. Based on the projections prepared by Fieldman Rolapp & Associates, the Agency would receive approximately $10.8 million in new bond proceeds from a taxable issue. If the Agency used a portion of these proceeds to pay back the $4,045,715 owed to the low and moderate income housing fund, it would net approximately $6.7 million in new money for projects. The Agency's current balance, prior to any bond proceeds, is approximately $4 million, meaning that after a band issue, the Agency would have approximately $g.1 million in its project fund, after deducting FY 2008-09 administrative expenses. Additionally, after the payback, the low and moderate income housing fund would have a balance of approximately $8.2 million. However, if there is not a bond issue, the Agency's cash flow, after making payments to payback the low and moderate income housing fund, would be severely limited, making it difficult to pursue high priority projects. There are five tables included with this staff report. Tables 1 and 2 provide three year projections (through 2010-2011) of Agency finances and funds available for projects under two different scenarios. Table 1 shows the Agency's financial. situation without a new bond issue. Table 2 offers the potential scenario if the Agency issues bonds as described during the September 16 meeting and summarized above. The other three tables (tables 3, 4, and 5) list priority projects that could be started with bond proceeds. These tables include general redevelopment projects, public improvements, and low and moderate income housing activities. It is important to note that the Agency Board will have the opportunity to review and approve all projects before any expenditures are made. Don Penman October 7, 2008 Page 2 TABLE 1 Arcadia Redevelopment Agency Revenue and Expense Projection FY2008-11 No Bond Refunding or New Proceeds Beginning Fund Balance Outstanding Liabilities: Promissory Note for Live Oak Property Housing fund Deferred payments Available fund balance after Liabilities Tax Increment Revenue Net ` Operating Expenses Church Escrow ERAF payment Capital Improvement Projects Debt Services - 2001A 2001 B 2008-09 2009-10 2010-11 $ 6,719,500 $ 2,692,389 $ 2,344,768 (2,247,000) - - (1 000 000) (1,000,000) (1,000,000) 3,472,500 1,692, 389 1, 344,768 3,174,000 3,239,000 (962,454) (755,901) (492,990) - (320,165) - (496,732) (150,000) (901,518) (780,252) (901,332) (779,388) 3,290,000 (778,578) (150,000) (900,046) (777,514) Fund Available for Development Projects $ 2,692,389 $ 2,344,768 $ 2,028,630 Tax revenue after County Administrative Fees and Pass Throughs Don Penman - October 7, 2008 Page 3 TABLE 2 Arcadia Redevelopment Agency Revenue and Expense Projection FY2008-11 With Bond refunding and new Proceeds, extending maturity to 2028 Beginning Fund Balance Outstanding Liabilities: Promissory Note for Live Oak Property Housing fund Deferred payments Available fund balance after Liabilities Tax Increment Revenue Net' Operating Expenses Church Escrow ERAF payment Capital Improvement Projects 2008-09 2009-10 2010-11 $ 6,719,500 $ 9,093,836 $ 8,914,406 (2,247,000) - - (4 045 715) - - 426,785 9,093,838 8,914,408 3,174,000 3,239,000 3,290,000 (962,454) (755,901) (778,578) (492,990) - - (320,165) - - (496,732) (150,000) (150,000) New Band Proceeds 10,767,077 - - Debt Services - 2001A Refunding (522,063) (737,560) (739,095) 20018 Refunding (584,268) (757,652) (754,212) New Bond 2008 (1 895 354) (1 017 317) (1,019,397) Fund Available for Development Projects $ 9,093,838 $ 8,914,408 $ 8,783,124 "Tax revenue after County Administrative Fees and Pass Throughs Don Penman October 7, 2008 Page 4 GENERAL REDEVELOPMENT ACTIVITIES Table 3 lists the highest priority redevelopment projects from the Agency's Five Year Implementation Plan that was approved in December, 2004. Some of the projects, such as completing the acquisition of the properties for the Rusnak expansion, have been discussed with the Agency Board. Others, like the Gold Line Transit Station, are acknowledged as projects that will be necessary to maximize the positive impact of the Gold Line expansion for the community. Still others, such as the Santa Anita Inn, 100 to 1 Club, Salvation Army, and Westerner site, would allow. the Agency to direct the redevelopment activity adjacent to the Caruso project. TABLE 3 GENERAL REDEVELOPMENT PROJECTS PROJECT LOCATION ACTIVITY Rusnak Expansion Huntington Drive, Acquisition, Relocation, Morlan Place (Rod's, Elks Demolition Lod e, Dahl ren Properties Fronting Santa Retail and .Office Properties Acquisition,' Relocation, Anita Ave. (Huntington Dr. (Sakarada, Berberian) Demolition to Santa Clara Ave. Gold Line Station Area around Front Street, Acquisition, Relocation, Colorado, First Street, Public Improvements, St. Joseph, La Porte, Mixed-Use Development Santa Anita, Santa Clara Parking District No. 1 Parking District No. 1 area, Acquisition, Relocation, 120 - 136 East Wheeler Development of Two- Level Parkin Structure Post Office Block 25-31 East Wheeler, Post Acquisition, Relocation, Office, Development 26-30 East Santa Clara, 101 - 125 N. First Street area Santa Anita Inn, 100, 130, 180 West Acquisition, Relocation, 100 to 1 Club, Salvation Huntington Drive, Demolition, Arm ,Westerner site 161 Colorado Place Develo ment PUBLIC IMPROVEMENTS Another category of activities that can be funded with general redevelopment monies, including bond proceeds, is public improvements. Redevelopment funds can be used for public improvements if the project is entirely within the project area, or if a finding is made that a public improvement outside the project area benefits the project area. The Don Penman October 7, 2008 Page 5 priority public improvements are shown in Table 4 below. In some cases, such as the Morlan Place roadway improvements, and the Colorado Boulevard/Colorado Place sidewalk installation, the public improvements support current priority redevelopment projects. Others represent improvements that will enhance the project area. As with the general redevelopment projects in Table 3, any public improvements would be approved by the Agency Board before initiating the project. TABLE 4 PUBLIC IMPROVEMENTS -GENERAL REDEVELOPMENT LOCATION PROPOSED IMPROVEMENT Colorado Blvd./Colorado Place Install Sidewalk I-210/Santa Anita Ave. offramp Freeway Landscaping Im rovements Morlan Place -Santa Anita Ave. to Huntington Dr. Roadway Improvements First St. north of Huntin ton Drive Streetsca a Im rovements St. Jose h St. -Santa Anita Ave. to Second St. Roadwa Im rovements Wheeler Ave. -First St. to Indiana Ave. Roadwa Im rovements Flower St. - La Porte Street to St. Jose h Street Roadwa Im rovements Miscellaneous Traffic Signal Work Protected left turns, right turn arrows, video detection s stems LOW AND MODERATE INCOME HOUSING The Agency is required by California State Law to set aside 20% of its annual tax increment revenue to increase and improve the supply of housing available to residents of low and moderate income levels. If the Agency pays back the Low and Moderate Income Housing Fund $4,045,715 from bond proceeds, there will be approximately $8.2 million available for housing activities. The Agency is required to expend these funds within a limited timeframe or suffer penalties that could involve shutting down general redevelopment activities. Table 5 below provides various types of low and moderate income housing projects that would be available for the Agency's consideration. These projects represent new construction and rehabilitation, plus investment in a first time homebuyer program. The Agency will ultimately choose which project(s) and activities it wants to pursue with its housing funds. Don Penman October 7, 2008 Page 6 TABLE 5 LOW AND MODERATE HOUSING ACTIVITIES PROJECT TYPE LOCATION ACTIVITY Multiple Family -Rental; New R-2, R-3 Acquisition, Demolition, Construction zones Construction, Leasin Multiple Family -Rental; R-2, R-3 Demolition (partial), Construction, Substantial Rehabilitation zones Leasin First Time Homebuyer R-1 zone Second Trust Deeds Assistance Owner Occupied Housing -New R-2 zone Acquisition, Demolition, Construction Construction, Sales Mixed Use Development - G.P. -Mixed Developer Housing Component Use areas Selection/Qualification, Develo ment A reement Senior Citizen Rental Housing R-2, R-3 Acquisition, Demolition, zones Construction, Leasin SUMMARY These tables illustrate two Agency financial scenarios and the breadth of redevelopment projects and activities still to be accomplished. There are many general redevelopment projects, public improvement activities, and low and moderate income housing programs that the Agency Board can focus on for the next several years. Tables 3, 4, and 5 also demonstrate that there are sufficient redevelopment priority projects to easily expend the new money and the increased low and moderate income housing fund that would be the result of a bond issue. It may be the best opportunity for the Agency Board to make sign cant investments back into the community during the remaining life of the Central Project Area. U y .~.e +w.:~ s; nn c°m~°°~~r°~~°~`~ STAFF REPORT Development Services Department DATE: October 7, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director 5~K By: Jim Kasama, Community Development Administrator Prepared By: Silva Vergel, Business License Officer SUBJECT: Consideration of an appeal of the Business License Review Board denial of an Entertainment Permit for Bar Twist to provide live entertainment at 48 E. Huntington Dr. Recommended Action: Denial of appeal SUMMARY Mr. Oschian Sfetcu filed an appeal of the Business License Review Board's denial of an Entertainment Permit for Bar Twist located at 48 E. Huntington Drive (see attached map & letters). The request is to provide live entertainment such as live bands, DJs and dancing from 9:00 p.m. until 2:00 a.m., Tuesdays through Saturdays. A copy of the application is attached. The Business Lidense Review Board met on September 2, 2008 and voted 3-0 to deny the Entertainment Permit- based on a finding that the request exceeded the scope of an Entertainment Permit and that the proposal should be subject to a Conditional Use Permit. Testimony was received that indicated the entertainment was inappropriate and incompatible with the surrounding uses. Attached are the minutes of the Board meeting, and copies of the letters from the neighbors. On September 8, 2008, Mr. Oschian Sfetcu appealed the Business License Review Board's denial citing that many of the issues raised at the hearing did not pertain to his business. Copies of his letters, dated September 2nd and 18th are attached. The Development Services Department is recommending that the City Council uphold the Business License Review Board's decision. BACKGROUND Based on available records, a bar under different ownerships and names has been at this location at least prior to 1967 when bars became subject to Conditionai Use Permits. This bar does not have an approved Conditional Use Permit, and is therefore alegal-nonconforming use, and as such, any material expansion or alteration of the business and/or premises is subject to a Conditional Use Permit. A business license was issued to Messrs. Oschian Sfetcu and Andy Lee for Bar Twist on October 24, 2007. After tenant improvements to remodel the bar were completed (see attached site plan & floor plan) a Certificate of Occupancy was issued by Building Services on January 16, 2008. In July, as a result of complaints received by the Police Department and Code Services, it was learned that Bar Twist was providing live ,entertainment without an approved Entertainment Permit. The business owners were notified .that an Entertainment Permit. is required for live entertainment, and an application was filed on August 12, 2008. DISCUSSION Entertainment Permits are for a variety of entertainment activities that are incidental or occasional to a main use, and per Arcadia Municipal Code (AMC) Section 6312.2, are not to be granted for activities that, "...will be injurious, detrimental or harmful to the public peace, health, safety, morals or welfare of the City or the inhabitants thereof," and may be denied, "... if it is determined that the applicant or applicants agents have, in the conduct of the same or any similar business been guilty of .. . allowance of activities that are or become a pubic nuisance which includes the disruptive conduct of business patrons whether on or immediately off the premises where such patrons disturb the peace, obstruct traffic, damage property, engage in criminal conduct, violate the law and otherwise impair the free enjoyment of life and property." Entertainment Permits, per AMC Section 6313.2 expire on December 31st of the year during which it was issued unless otherwise specified in the permit. In this case, the applicants wish to provide live bands, DJs, and dancing on Tuesdays through Saturdays from 9:00 p.m. to 2:00 a.m. An Entertainment Permit is required for this request by AMC Sections 6323.10 and 6323.36. In staffs opinion, the requested entertainment would not be incidental because it could be provided five days per week, which is a material alteration of the operation of the business, and should be subject to a Conditional Use Permit. BUSINESS LICENSE REVIEW BOARD ACTION The Business License Review Board met on September 2, 2008 and voted 3-0 to deny the Entertainment Permit. The Board found that approval of the requested Entertainment Permit would be inappropriate because the proposal would be an Entertainment Permit Bar Twist - 48 E. Huntington Dr. October 7, 2008 -Page 2 expansion of alegal-nonconforming use. The Board felt that the applicant should file for a Conditional Use Permit.. The minutes of the Board meeting are attached. Although not required; because this Entertainment Permit application was prompted by complaints from neighbors, notices of the Business License Review Board hearing were mailed to the owners of properties within 100 feet of the Bar Twist property. At the hearing, in addition to the attached letters, testimony was received from five neighbors who were opposed to the proposed Entertainment Permit. The complaints were about excessive noise, littering, loitering, and urinating in neighbors' yards and parking areas. The two residential neighbors stated they were tired of being awakened late at night, fearing for their safety, and not wanting their children exposed to negative activities. The three owners of neighboring commercial properties stated that they did not want Bar Twist's patrons using their parking areas because of the litter and refuse that was often left behind. APPEAL REQUEST On September 8, 2008, the Business License Review Board's decision was appealed by Mr. Oschian Sfetcu. Mr. Sfetcu explains that the previous bar, Peanuts, had provided live entertainment, and that he and his partner were unaware that the Entertainment Permit had expired. Mr. Sfectu indicates that they have built a regular clientele that frequents their establishment for the variety of live music that they offer, and that not all of the complaints from the neighbors should be attributed to their business as there are other establishments in the immediate area that may have contributed to the problems. For the appeal, which is subject to the appeal process for Conditional Use Permits, notices of the City Council hearing were mailed to the owners of properties within 300 feet of the Bar Twist property. RECOMMENDATION The Development Services Department recommends denial of the appeal for the Entertainment Permit. If denied, the applicant has the ability to apply for a Conditional Use Permit. If the City Council intends to approve the appeal and the Entertainment Permit, the following conditions of approval are recommended: 1. Limit the live entertainment to 9:00 p.m. to midnight on Thursdays through Saturdays. Entertainment Permit Bar Twist - 48 E. Huntington Dr. October 7, 2008 -Page 3 A noise-attenuating interior wall and door shall be installed between the customer area and the rear door prior to the issuance of the Entertainment Permit. Signs and notices shall be provided to explain to customers and employees the locations of public parking and that neighbors' parking areas are not to be used by Bar Twist patrons and employees. Said signs and notices shall be reviewed and approved by the Development Services Director and Police Chief; and shall be provided prior to the issuance of the Entertainment Permit. 4. A uniformed security guard shall be present whenever there is live entertainment to patrol and monitor the area to ensure that club patrons and employees do not park and/or loiter on neighboring properties. 5. All entertainers must obtain a City of Arcadia Business License prior to any performance(s). 6. This Entertainment Permit is not transferrable, and should ownership of this business be changed or altered, a new permit must be applied for and approved before the subject entertainment can continue to be provided. 7. 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, 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. 8. Noncompliance with the provisions and conditions. of approval for the Entertainment Permit shall be grounds for immediate suspension and/or revocation of any approvals, which shall result in suspension or revocation of the Entertainment Permit. 9. Approval of the Entertainment Permit shall not take effect until the:property owner and applicants have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of the conditions of approval, and that all conditions of approval shall be satisfied prior to issuance of the Entertainment Permit. Entertainment Permit Bar Twist - 48 E. Huntington Dr. October 7, 2008 -Page 4 CITY COUNCIL ACTION Approval If the City Council intends to approve the appeal and the Entertainment Permit, the Council should move to approve the applicant's request and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Council's decision, and any conditions of approval. Denial If the City Council intends to deny the appeal and Entertainment Permit, the Council should move to deny the applicant's request and direct staff to prepare a resolution for adoption at the next meeting that incorporates the Council's decision. Approved: "~ ~G~""»-~`"~ Donald Penman, City Manager Attachments: Aerial Vicinity Map Letters from Mr. Sfetcu (appellant) Entertainment Permit application Minutes of Sept. 2, 2008 meeting Letters of opposition from neighbors Site Plan & Floor Plan Entertainment Permit Bar Twist - 48 E. Huntington Dr. October 7, 2008 -Page 5 ~- ~~~°~n., 48 E Huntington ®rive ~... Development Services Department c, Engineering Division 0w°m„ •~µ°a Prepaed6y RSGwve'ez, September, %108 100 ~e 3cP `~-$-& j~ ~ a.~ ~'v- o~ U ~ /0~ c~ Vvi r y y ~o ~~S 1~uS~~~'lPSS ~'c~~~P ~~vi2w ~!/1 ~(/t T~ !i' Ted r~/1 Y!?C`"' y/ ~ ~v~ ~1'~ (~ ~ ~~ ~(,l S~~/! ~ SS jS Goc~r~ ~Pa ~ ~~ ~DA r~ S Gc~'e:`~~/Oi/l A;T ~ ~. /ffll//~'i/l~'~P/~I s a ~~ ~j / ~ ~SCGi r~vi L ~~Tecf 13A-/z ~`w r S7, jcv e - 7v0 - ~Eyc~i2 ~iRN~ U~v,`fi (Z ~nONOc~ f~ct~ ~ ~~ 9D2~-1~ September 18, 2008 Baz Twist, Inc. 48 E. Huntington Drive Arcadia, CA 91006 Att: Arcadia City Council Dear esteemed Council members, Please be advised I am writing in regard to an appeal on a decision made to deny my business the privilege of operating with an Entertaimnent License. We became the new owners of Peanuts on October O5, 2007. At the rime from what we understood, the business had an entertainment license. Unbeknown to us the license expved at the end of Oct / 07. Unfortunately no notice was given to us of the expiration and therefore we operated under the pretense a license was valid. Over the course of the past 8 months, we have built a clientele around regularly scheduled Jazz, Blues and Rocks bands along with occasional live DJ entertainment. Since the denial of the entertainment license request, our business has seen a significant downturn in revenue which is of concern to our as well as the livelihood of our employees. At the hearing a total of 5 residents had shown up. The couple are neighbors and fellow business owners while the remainder 3 are residents that live in close range of 3 bazs, one being Baz Twist. No signed petition was presented at the hearing. Among some valid concerns such as noise and loitering, there were other concerns mentioned which in our opinion were not valid to our business. Examples would be noise in the afternoons... this does not apply to Baz Twist as we are a night spot and do not open the doors until 8 pm. Pazking in the adjacent business lot during the day interfering with other businesses... once again, does not apply to Bar Twist due late operating hours. Safety issues concerning fire works on New Yeaz's Eve. This is also not applicable to Baz Twist as our initial opening day was January 31x`/2008. Renovation took place between Oct 2007 and January 2008. Safety was a prime concern to the residents that appeared at the hearing and we share in their concerns as well. We are the only Bar on this specific part of Arcadia that has employed a licensed security company to ensure our patrons aze safe and whomever enters our facility is seazched for any unlawful items. Based on above as well as other items that we would need to address, we would highly appreciate the Council's consideration to this matter. Sincerely, Oschian Sfetcu Bar Twist, Inc. ~ tico ~ CITY OF ARCADIA 1I APPLICATION FOR BUSINESS LICENSE PERMIT l Date of application: a~ /~a~ IlWe do hereby make application for apermit to conduct a business in the City of Arcadia pursuant to the provisions of the Arcadia Municipal Code and submit herewith the following required information for the purpose of facilitating the required investigation and of assisting the License Review Boartl in determining the propriety of issuing a permit therefore and the conditions upon whic{h~such~-a permit shall bTe issued. 1. Name of applicant "~/ "~~5~ -~-~VC. /,,,' Phone d/-y-~1~ ~74'a Address of applicant ~r/" ~ f~ur/Tiv;bTn~ ,0~. ~~f~i,9 G9 p~ a2~ 2. Nature and complete description of business for which permit is requested 3. Description of proposed location of// b//usiness / / o _ l (a) Address ~ ~ /7~/NT.c~Tit) ~~, ~~~D/~ ~ / ~° ° a (b) Present type of business at this location ~ 4. Description of nature and o nt of a ui men2t to be used in coon Ilion with proposed business S' z~S -~ '~. n.s~U ° 5. Dates and hours proposed business is to be conducted 6. Personal description of applicant (a) Name C UL~~ Date of birth /y d / (b) Drivers License Number /_~~ ~ `~ o (c) Address ~~~ ~7 /~vyT,~d~r4~ D,~ ~~ ~(~ yT / ~' °~ How long have you lived at the above address? ~ D /~~~ If less than 5 years, previous address ao~ o /H /~i~ ~~ ~~ ° (d) Are you the owner of the above business operation? If no, give name and address of employees I declare under the penalties of perjury that the foregoing statements are, to the best of my knowledge and ~i belief, true and complete/. Date ~~~ ~°O" Signature "'n~'` MINUTES BUSINESS LICENSE REVIEW BOARD Tuesday, September 2, 2008,11:00 a.m. Development Services Conference Room ROLL CALL: Gene Gioia Dave Thompson Hue Quach 1. ENTERTAINMENT. PERMIT Requesting an Entertainment Permit to provide live 48 E. Huntington Dr. bands, DJs and dancing. Bar Twist Inc., Andy C. Lee The staff report was presented and the public hearing was opened. Oschian Sfetcu, 700 Meyer Ln., #12, Redondo Beach, indicated that he is one of the,partners. He has been made awaze of the concerns and has spoken to the Police Department on how to improve the situation. The Police Department was very helpful and provided him with suggestions which he has implemented. He requested approval of the Entertainment Permit Uyen Wong, 37 Alta St., stated that her back yazd is close to this business and there are numerous nights with loud music and noise, public drunkenness and fights that she can hear very cleazly from her home. It is very difficult to get a good night of sleep and her young son is very scazed and she is feazful for his safety. She did not want her son to be exposed to this type of an environment, especially when he is coming home from school. They can heaz the noise from their home even with the doors and windows closed. The customers do not leave the premises when the baz closes. They loiter in the neighborhood, urinate on their lawns and yell as they drive by. This is a residential area; a family environment, and that is how they would like to keep it. Her driveway is at the rear and she is scared when she has to go back there. They have circulated a petition which has been submitted. Some of her neighbors have been vandalized. She felt that if this was approved, it would exacerbate an already bad situation. Tracey Burtoft, 36 Alta, #A, she agreed with Ms. Wong. They have called the police on numerous occasions. They leave the alley and come down to her street and she has witnessed their customers urinating on their lawn and throwing out trash. She is afraid for the safety of her children. This business does not cater to the neighborhood; their clientele are not the residents. They have been forced to install a security system because they do not feel safe. She asked how they can operate when they do not have a permit? She felt that the business is responsible for the behavior of their patrons. She felt all of these businesses, in this neighborhood, had to leave. Faye Stabler, 32-34 E. Huntington Dr., was concerned with the parking and did not want this business to use her pazking. She suggested they offer valet parking and wondered why aze they open so late at night. Jessie Chau, 40-44 E. Huntington, said while they were under construction, they witnessed people walking into the First Cabin as early as 6:00 a.m. Their tenants feel threatened because of the way their clientele act. The Police Dept. suggested that they construct a wall to sepazate them, install a fence and Business License Review Board 9/2/8 "No Parking" signs. But, this has not really helped. Once they found a woman who had pazked in their lot illegally, had cut through the fence just to get out. They installed the No Parking signs only to have them removed. Now, he has several of the signs; each time they are removed, he puts up another one. Around the holidays, they had fire works being shot out towards the south; towards the property, and this concerns them. While they were under construction, someone had gone in and vandalized. Monica Chang, 44 E. Huntington, said that even though they have installed a fence they still find bottles, trash and vomit in their pazking lot. She was concerned about the delivery trucks that block the alley and make it very unsafe because they cannot get through the alley. In rebuttal, Mr. Oschian said he is at a disadvantage. Their bar opens at 6:30 p.m. and their last call is at 1:30 a.m. They aze closed on Sundays, Mondays and many times on Tuesdays. He appreciated the concerns raised pertaining to safety and that was why their hired a security guard. The guard cannot do anything if they see something at another property. They are doing everything to abide by the rules. They opened on January 31, 2008 and were closed during the holidays, so the fire works cannot be from their patrons. They are located next to a bar that offers live rock and roll music, whereas, they have jazz and blues. They can control their patrons while they are on their premises but they cannot do that once they leave their establishment. They do go out a$er closing every night and clean up and pick up if they see any trash. He indicated that they recycle the cans and bottles. He wondered how they could attribute. all of these problems to his business, while there are others in the azea that could be at fault. They don't have several delivery trucks for them; only one that delivers the beer. MOTION: It was moved by Mr. Hue, seconded by Mr. Thompson to close the public hearing Capt. Gioia went through the calls that the Police Dept. had received and explained the nature of the calls. He indicated that the residents aze concerned with their quality of life. He was concerned with any business that operates outside of their license. He did not feel that this was incidental. He felt the request should be denied Mr. Kasama explained the Conditional Use Permit (CUP) process. It was explained that if the entertainment portion must be incidental and if it is not, then they should obtain a CUP. The CUP will be able to address hours of operation and the type of entertainment. MOTION: It was moved by Mr. Hue, seconded by Mr. Thompson to deny the Entertainment Permit and find that the use is not incidental to the primary business.. ROLL CALL: AYES: Gioia, Quach, Thompson NOES: None ORAL COMMUNICATIONS: None COMMITTEE MEMBERS PRESENT: Gioia, Quach, Thompson COMM. DEV. DIV. REPRESENTATNE: Kasama, Vergel Business License Review Board 9/2/8 2 To: Amber Abeyta, Business License Department, Dity oT Arcadia From: Joseph Kovalik and Tracv Burtoft 36 Alta St, #A, Arcadia, CA 91006 Tel: (6261446-5730 e-mail: ]osephkovalik@sbcglobal.net Subject: Entertainment Permit for Bar Twist We are putting the city of Arcadia on legal notice of a daneerous condition on Alta Street due to activities associated with Bar Twist. There are people drinking alcohol and fighting on Alta St whenever Bar Twist holds entertainment events. We also find broken beer bottles, beer cans and litter on our front lawn. Many other residents have reported property damage. Moreover, the music levels from Bar Twist exceed city ordinance limits and wake us up at night. This disturbs our ability to pursue our normal daily activities including taking care of our family and going to work. As tax pay(ng and voting residents, we will go to the city council and have them stop these activities from taking place. The police records clearly show that Bar Twist is a danger to our residential community. The city of Arcadia must impose severe limits upon the activities that take place at Bar Twist in order for a dangerous situation to be removed from our community. in summary, the Entertainment Permit for Bar Twist must be denied because: • Bar Twist is creating a dangerous condition on Alta St by attracting people who drink, fight and cause property damage in a residential area. • Bar Twist disturbs the peace in a residential neighborhood by playing loud music that exceeds city noise ordinances. • The police department of Arcadia has a long record of criminal behavior that is associated with people that are attracted by the activities offered by Bar Twist. Business License Review Board Amber Abeyta Yage 1 of 1 From: Haas [phaascpa@inreach.coml Sent: Wednesday, August 27, 2008 3:09 PM To: Amber Abeyta Subject: Business License Review Board In reply to Notice of Hearing for: Bar Twist Andy C Lee 48 E. Huntington Drive Entertainment permits for live music including live bands, DJ's and dancing. I would like to be sure that the above referenced business will not have live music, live bands, DJ's and dancing during normal business hours. Our hours of operation are M-F 9 am - 5 pm Thank You, Ken Haas Haas Realty and Property Management 38 E. Huntington Drive Arcadia, CA 91006 Qn~nnnse Page 1 of 1 Silva Vergel From: Tamara Kato [tamarakato@comfortkeepers.comj Sent: Thursday, August 28, 2008 2:54 AM To: Silva Vergel Subject: Business License Comments on Bar Twist I am a new tenant, but part of the reason I chose this place is because it was perceived as safe I would not waht to have a live band, DJ and dancing within 2 blocks of the offices where I work. I am concerned about safety at night with people hanging around, as well as increase in trash and bottles /cans. Thank you for asking my opinion. Regards, Tamara Kato Comfort Keepers In-home Companion Care For Seniors 45 E. Huntington Drive, Ste A Arcadia, CA 91006 Phone: 626-254-0100 Cel1:626-375-6756 Fax:888-258-0910 Web: www.comfortkeeoers.com Email: tamarakato@comfortkeepers.com Confidentiality Notice: This message is wnfdential, intended only for the named recipient(s) and may contain information that is pdvileged or exempt from tlisclosure under applicable law. If you are not the intended recipient(s), you are notified that dissemination, distribution or copying of this message is stdIXly prohibited. It you receive this message in error, or you are not the intended recipient(s), please notify the person who sent you this email immediately and destroy this message. Thank you. Page 1 of 1 S[Iva Vergel From: Uyen W [uyenw@yahoo.com] Sent: Tuesday, September 02, 2008 8:05 AM To: Silva Vergel Subject: Fw: Bar Twist, there's a hearing today...see attached of concerned residents Attachments: pFax_01Sep2008_12-17-27.pdf These are just some of the concerned residents in the area. We had very little time to gather more because it was a holiday weekend some people were not home for us to get all of the signatures on this petition letter. Please be advised that there has been a history of police calls regarding bar-goers being super loud and one crash from last summer into a gazage (a hit-and-run, in fact) around 2:30 or 3:00 AM. They party until 3:00 AM sometimes and not to mention urinating in the residents' lawn and bushes. Most of them come out of the bars drunk and we have young children in the neighborhood. It's supposed to be a very quiet neighborhood and we pay high property taxes for that safe and quiet neighborhood. Please help us keep it that way...STOP the bazs from further development by attracting more violent drunks coming into our beautiful Arcadia!!! ! HELP, there's srill time to keep Arcadia safe for our families!!!! Very concerned mom and resident of Arcadia, Uyen Wong SEP-01-2068 12:06 From: FAX To:6264479173 P.1~9 T0: Amber Abeyta FROM: Uyen Wong FAX: 626- 447-9173 ppz; PAGE: 9 pages including cover sheet PHONE: SuB7Kr: Bar Twist/Andy C. lee Permit for live music, DATE: September 1, 2008 band, D] and dancng hearing of September 2,.2008. _ WMMeNTS: Dear Amber, Here Is the list of all the near by residents who oppose the Bar Twist's request for Entertainment permit for Ilve music that will Include live bands, D]'s and dancing. Thank yov, Uyen Wong Cell: 626-675-0456 SEP-01-2096 12:66 From: Petition Letter To:6264479173 P.2~9 Bar Twist/Andy C. Lee (owner) Permit for live music, band, DJ and dancing August 31, 2008 To: City of Arcadia Community Development Division Re: Bar Twist/Andy C. Lee (owner) Permit for Ilve music, band, DJ and dancing Hearing of September 2, 2008 Oear Community Development Division Committee Members: I, a resident of Arcadia within a close radius of the Bar Twist, at the location of 48 E. Huntington Drive, Arcadia CA 91006 oppose the issuance of a permit for the Bar Twist for live music, hand, DJ and dancing due to the lollowing reasons: • May attract gang members from nearby cities and possible gang activities • Drunk drivers who will crash into ally-way garages and homes • Bar goers may get violent near our residents • Heavy noise level including weeknights in a quiet neighborhood until 3 AM • Trashing of the areas nearby our backyard, drives. and garages • Insufficient parking and may block our driveways • They park in Washington Mutual Bank's parking lot that makes ~(AYribl. ~ ia~~ rf jn~iuryf ouu.tt • Use of the Ciry's resources of dispatching police there every night JJ • Smoking buds and beer bottles being thrown in the parking lot adJacent residents' driveway and garages • Most importantly, the safety of our children and seniors may be in jeopardy We are concerned what the potential of the permit may lead to the demise of our beautiful neighborhood. We urgo you tc consldei• our safety and deny the permit. Sincerely, Residents of Arcadia ~a P~ ame ~r888 SEP-01-2008 12:06 From: Petition Letter To:6264479173 P.3~9 Bar TwISUAndy C. Lee (owner) Permit for live music, band, DJ and dancing August 31, 2008 To: City of Arcadia Community Development bivision Re: Bar T1rvIsUAndy C. Lea (owner) Permit for Ilve music, band, OJ and dancing Hearing of September 2, 2008 Dear Community Development Division Committee Members: I, a residont of Arcadia within a close radius of the Bar Twist, at the location of 48 E. Huntington Drive, Arcadia CA 91006 oppose the issuance of a permit for the Bar Twist for live music, band, DJ and dancing due to the following reasons: • May attract gang members from nearby cities and possible gang activities • Drunk drivers who will crash into alty•way garages antl homes • Bar goers may get violent near our residents • Heavy noise level including weeknights in a quiet neighborhood untll 3 AM • Trashing of the areas nearby our backyard, drives, and garages • Insufficient parking and may black our driveways • They park in Washington Muiual Bank's parking lot that makes N~uvn~ ~ia~O~~ ~~ in'la'y bccux-s'~ie • Use of the City's resources of dispatching police there every night • Smoking buds and, beer bottles being thrown In the parking lot adjacent residents' driveway and garages • Most importantly, the safety of our children and seniors may be In jeopardy We are concerned what the potential of the permit may Isad to the demise of our beautiful neighborhood, We urge you to consider our safety and deny the permit. Sincerely. Residents of Arc~dia~ sE ~ ~~~~ Prln~ Name ~~L7 S ~ ~ 6 Address SEP-01-2908 12:06 From: Petition LettBr To:6264479173 P.4~9 ear TwIsUAndy C. Lee (owner) Permit for live music, band, OJ and dancing August 31, 2008 To: City of Arcadia Community Development Division Re; Bar TwisUAndy C. Lee (owner) Permit for live music, peed, DJ and dancing Hearing of September 2, 2008 Dear Community Development Division Committee Members: I, a resident of Arcadia within a close radius of the Bar Twist, at the location of 48 E. Huntington DrNe, Arcadia CA 91006 oppose the issuance of a permit for the Bar Twist for live music, band, DJ and dancing due to the following reasons: May attract gang members from nearby dtfes and possible gang activities • Orunk drivers who will crash into ally-way garages and homes • Bar goers may get violent near our residents • Heavy noise level including weeknights in a quiet neighborhood until 3 AM • Trashing of the areas nearby our backyard, drives, and garages • Insufficient parking and may block our driveways 11 They park in Washington Mutual Bank's parking lot that makes ~NIa-auc- ~!~(e if in~u4~tf aCCue-x • use of the City's resources of dispatching police there every night J `~ ~t~ • Smoking buds and beer bottles being thrown in the parking lot adjacent residents' driveway and garages • Most importantly, the safety of our children and seniors may be in jeopardy we arc concerned what the poten[lal of the permit may lead to the demise of our beautiful neighborhood. We urge you to consitler our safety and deny the permit. Sincerely, `~,~- Residents of Arcadia .~~~ Print ne ` . ~ sf~ llddross SEP-01-2968 12:66 From: Petition Letter To:6264479173 P.5~9 Bar Twist/Andy C. Lee (ownti!~ Permit for live music, band, DJ and dancing August 31, 2006 To: City of Arcadia Community Development Division Re: Bar Twist/Andy C. Lee (owner) Permit for live music, bend, DJ and dancing Nearing of September 2, 2008 Dear Community Development Division Committee Members: I, a resident of Arcadia within a close radius of the Ber Twist, at the location of 48 E. Huntington Drive, Arcadia CA 91006 oppose the Issuance of a permit for the Bar Twist for Ilve music, band, DJ and dancing due to the following reasons: • May attract gang members from nearby cities and possible gang activities • Drunk drivers who will crash into ally-way garages and homes • Bar goers may getviolent near our residents • Heary noise level including weeknights in a quiet neighborhood until 3 AM • Trashing of the areas nearby our backyard, drives, and garages • Insufficient parking and may block our driveways • They park in Washington Mutual Bank's parking lot that makes (~arn,d ~ia~ 7~' ix~urycr~:w•~ ~~. • Use of the City's resources of dispatching police there every night • Smoking buds and beer bottles being thrown in the parking lot adjacent residents' driveway and garages • Most importantly, the safety of our children and seniors may be in Jeopardy We are concerned what the potential of the permit may lead to the demise of our beautiful neighborhood. We urge you to consider our safety and deny the permit. Sincerely, of -~ . ~~~~ SEP-01-2008 12:07 From: Petition Letter To:6264479173 P.6~9 Bar TwIstJAndy C. Lee (owner) Permit for live music, band, DJ and dancing August 31, 2008 To: City of Arcadia Community Development Division Re: Ber Twfat/Andy C. Lee (owner) Permit for live music, band, DJ and dancing Hearing of September 2, 2008 Dear Community Development Division Committee Members: I, a residont of Arcadia within a close radius of the Bar Twist, at the location of 48 E. Huntington Drive, Arcadia CA 91006 oppose the issuance of a permit for the Bar Twist for live music, band, DJ and dancing due to the following reasons: • May attract gang members from nearby cities and possible gang activities • Drunk drivers who will crash info ally-way garages and homes • Bar goers may get violent near our residents • Heavy noise lovel including weeknights in a quiet neighborhood until 3 AM • Trashing of the areas nearby our backyard, drives, and garages • Insufficient parking and may block our driveways "-~I • They park in Washington Mutual Bank's perking lot that makes ~N1u. ~lul~~O i{`jn~"V`1 t~ccuy~--~¢.~ • Uee of tho City's resources of dispatching pollee there every night • Smoking buds and beer bottles being thrown in the parking lot adjacent residents' driveway and garages • Mast Imp rtantly, the safety of our children and seniors may be in jeopardy 1/Qn d~or~ We are concerned w at the potential of the permit may lead to the demise Of our beautiful neighborhood. We urge you to consider our safety end deny the permit. Sincerely, ~. RQsidents of Arcadia .,. 1~. ~ C_[ G ~_ ~~oe~ SEP-01-2006 12:07 From: Petition Letter To:6264479173 P.7i9 Bar TWist/Andy C. Lee (owner) Penult for live music, band, OJ and dancing August 31, 2008 To: City of Arcadia Community Development Division Re: BarTwist/Andy C. Lee (owner) Permit for Ilve music, band, DJ and dancing Hearing of September 2, 2008 Dear Community Development Division Committee Members: I, a rosidern of Arcadia within a close radius Of the Bar Twist, at the location of 48 E. Huntington Drive, Arcadia CA 91l)O6 oppose the issuance of a permit for the Bar Twist for live music, band, DJ and dancing due to the following reasons: • May attract gang members from nearby cities and possible gang activities • Drunk drivers who will crash into ally-way garages and homes • Bar goers may get violent near our residents ^ Heavy noise level Including weeknights in a quiet neighborhood until 3 AM • Trashing of the areas nearby our backyard, drives, and garages • Insufficient parking and may block our driveways • They park in Washington, Mutual Bank's parking lot that makes ,.~ ~,~~, j~= jyitmw-'4 o ccuy$ ~~ • Use of the City's resources of dispatching police there every night u J • Smoking buds and beer bottles being thrown in the parking lot adjacent residents' driveway and garages • Most Importantly, the safety of our children and seniors may be in jeopardy We are concerned what the potential of the permk may lead to the demise Ot our beautiful neighborhood. We urge you to consider our safety end deny the permit. Sincerely, ~~ J ~`'~ flesidents of Arcadia 1 Prin ~ -~- ~LA.IfP s+ ~ ~ Ar~1ra Address SEP-01-2006 12:07 From:. Petition Letter To:6264479173 P.8~9 Bar Twist/Mdy C. Lee (owner) Permit for live music, band, DJ and dancing August 9t, 2008 To: C(ry of Arcadia Community Development Division Re: Bar Twlst/Andy C. Lea (owner) Permit for Ilve music, band, DJ and dancing Hearing of September 2, 2t>~08 Dear Community Development Division Committee Members: I, a resident of Arcadia within a close radius of the bar Twist, at the location of 48 E. Huntington Drive, Arcatlla CA 91006 oppose the issuance of a permit for the liar Twist for live music, band, OJ and dancing due to the following reasons: • May attract gang members from nearby titles and possible gang activities • Orunk drivers who will crash Into ally-way garages and homes • Bar goers may get violent near our residents • Heavy noise level including weeknights in a quiet neighborhood until 3 AM • Trashing of the areas nearby our backyard, drives, and garages • They park in Washington Mutula~Bank'srparking lot that makes }t)AYn~I. ~ s^we 7~ , J" 1 occ.~,ty~ .~~„ • Use of the City's resources of dispatching police there every night v~ 1 • Smoking buds and beer bottles being thrown in the parking lot adJacent residents' driveway and garages • Most importantly, the safety of our children and seniors may be in jeopardy We are concerned what the potential of the permit may lead to ins demise of our beautiful neighborhood. We urge you to oonaidar our safety and deny the permit. Sincerey, Residents of Arcadia ~~ ~' h l: ~ Kii Print sme SEP-01-2008 12:08 From: Petition Letter To:6264479173 P.9~9 Bar TwisUAndy C. Lee (ovmer) Permit for Ilve music, band, DJ and dancing AugusY31, 2008 To: City of Arcadia Community Development Division Re: Bar TwIstlAndy C. Lee (owner) Permit for live music, band, DJ and dancing Hearing of September 2, 2008 Dear Community Development Division Committee Members: I, a resident of Arcadia within a close radius of the Bar Twist, at the location of 48 E. Huntington Orlve, Arcadia CA 91006 oppose the issuance of a permit for the Bar Twist for live music, band, DJ and dancing due to the following reasons; • May attract gang members from nearby cities and possible gang activities • Drunk drivers who will crash Into ally-way garages and homes • Bar goers may get ylolent near our residents • Heavy noise level including weeknights in a quiet neighborhood until 3 AM • Trashing of the areas nearby our backyard, drives, end garages • Insufficient parking and may block our driveways ~II '' • They parkin Washington Mutual Bank's parking lot that makes 1~Ai'rtll ~1.~h/~,~ I-1~ury °C'~'S ~~' • Use of the City's resources of dispatching police there every night • Smoking buds and beer bottles being thrown in the parking lot adjacent residents' driveway and garages • Most importantly, the safety of our children and seniors may be In jeopardy We are concerned what the potential of the permit may lead to the demise of our beautiful neighborhood. We urge you to consider our safety and deny the permit. Sincerely, Residents of Arcadia ;r~~r`~ S~ N w>q- ~ ~-I ~ ~ ~~` A ~~ address HUNTINGTON DRIVE -E%ISi. 9DEWALK~ ~: 1 V w ~~ - ~ 0 f ~,, ~ ARORER7Y LWE //H1aI1'~ // / 1 ~~ c% W PROPOSED SITE PLAN ~ ' SCAlE I93''1'O' _.-- _ _, ~~~ w W i ?~^ Z ~~m ~ '~a~~ ~,c ,: u' R Y `I ,~~g ~ W ~W %a~ rU ~~ l rx o ~'- `t - ~ O ~' v i~^ rm ~.Os 3_~a z t=cs ~^ /, ~-, I' ~ I`1YI~16. "1 ~~ U 9 -~ ~s~~ '1SIX3 T ~'~~ w .~~ § -_- .gib ~i'_ lnU .~ r, I I ru~a W ~ ,: ~C:a/ ~__.. pYti c ~ , g ti°'F v ' O~ E~ n~~ "r'w ~¢y <( i gyp i. _ 1 ' g.~~: ._... ...n.r.... _ _,._ 6 <:tA . ..... I ',- ~..~.}.~ I~r ~Y III ~ r-~Y., ~ J ~__ ._.._' ~ _ x ~ 7 "r 1 a ~ ~ ~ l~Ji ~L~~ ~9 ~IL'I ~~ - .I ~J `ll ~ loQ I I it ~ it F _ ~C ~ ` 35€I ~ IOZ _~ 1 IOW I ~~ ~ y d N ~ ~ _ ~~ -_ --~. - ~, - ~ a. ,:. - _ _. 1,.._ __,, ~~ _ __ _ -- ~ s~o .~ .4ti wry/ ~ t ~.. L ~ \ b y I -1 ~~~T ~_ ,~' o -. l ~' z7, W ~- ~ N ~~ --~- ~,- ~ i %~, our i ~~ Y '-oE W ~I I o ~ i ~~N iii ~~ >F~~, ~ L: i. ow - d > _ . ~_ '~ W _.,r STAFF REPORT Office of the City Clerk DATE: October 7, 2008 TO: Honorable Mayor and City Council FROM: Stephen P. Deitsch, City Attorney ~~ Prepared by: Lisa Mussenden, Chief Deputy City Clerk/Records Manager SUBJECT: ADOPT RESOLUTION NO. 6648 AMENDING RESOLUTION NO. 6513 RELATING TO ADULT BUSINESS PERFORMER LICENSE FEES Recommended Action: Adopt SUMMARY As part of a recent court settlement agreement, the City of Arcadia is reducing its Adult Business Performer License Fees. DISCUSSION Subject to City Council approval, the City is reducing its annual fee for an adult business performer license to $150.00 and for a one time provisional or temporary adult business performer license the new fee would be $100.00. The one time provisional or temporary adult business performer license will be available to all dancers, including out of town dancers. Also, the $100.00 one time provisional or temporary adult business performer license fee shall be applied towards the annual $150.00 adult business performer license fee should the performer wish to perform again in Arcadia or apply for the annual license. However, the City may from time to time increase the fees as the City routinely reviews said fees in the normal course of business. FISCAL IMPACT Based on current data for the number of permits issued and the decrease of permit fees, Staff projects a reduction of $3,900 in comparison to the prior year's fees collected. This estimate does not account for any other factors that may affect the number of permits issued furthering the reduction or increasing future fee collections. RECOMMENDATION That the City Council adopt the attached Resolution No. 6648 amending Resolution No. 6513 relating to:Adult Business Performer License Fees. Approved: .~`~~LV~..,a,) Donald Penman City Manager RESOLUTION NO. 6648 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING RESOLUTION NO. 6513 RELATING TO ADULT BUSINESS PERFORMER LICENSE FEES WHEREAS, the Police Department charges certain fees for administrative and related activities based on reasonable costs incurred; and WHEREAS, based on the cost allocation study performed by the Police Deparhnent, the fees set forth in this Resolution are necessary for the purposes set forth in this Resolution and said fees do not exceed the estimated costs for providing the service; the fees set forth in this Resolution bear a reasonable relationship to the cost of the respective service or program involved; the fees bear a fair and reasonable relationship to the benefit the payer obtains from paying the fees or the burden caused; and the fees are not being imposed for general revenue purposes, but instead for partially recovering the cost of providing said services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Arcadia Municipal Code Section 6701(D), the Adult Business Performer License Fees are amended and adopted as follows: t Adult Business Performer License Annual Fee - $150.00 One Time Provisional or Temporary Adult Business Performer License Fee - $100 (to be applied towards the annual $150.00 Adult Business Performer License Fee should the perfonner return to Arcadia to perform again or wish to apply for the annual license). SECTION 2. All fees set forth in this Resolution. shall be become effective upon adoption. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 2008. Mayor of the City of Arcadia 2 50: 0123 CITY COUNCIL/REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 16, 2008 CALL TO ORDER Mayor Harbicht called the Special 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 STUDY SESSIONICLOSED SESSION PUBLIC COMMENTS (5 minutes per person) None STUDY SESSION Report, discussion and direction regarding proposed Redevelopment Agency Tax Allocation Bond issue. Mr. Penman noted that a few months ago staff discussed with the City Council options for the refunding of the 2001 Redevelopment Tax Allocation Bonds and the issuance of new 2008 Tax Allocation Bonds. He noted that at that meeting, the City Council directed staff to monitor bond market conditions in order to determine if tax-exempt and taxable interest rates improve enough to warrant moving forward with a refunding of the 2001 Tax Allocation Bonds and move forward with the issuance of additional bonds to generate taxable new money proceeds for the Redevelopment Agency. Mr. Penman introduced Darryl Street of Fieldman Rolapp & Associates and Kurt Yeager, Stradling, Yocca Carlson and Rauth who were present and discussed options for refunding the 2001 Tax Allocation Bonds and Issuing New 2008 Tax Allocation Bonds in addition to the capacity to issue additional Bonds in today's market, the need to fund Housing Fund cumulative obligation, and the use of bond proceeds and Subordination of Statutory Pass-Thru payments and recommendations. Mayor Harbicht suggested that a list be prepared showing the amount of money the Agency currently has, current obligations and what the projected annual obligation would be on the debt with a new bond issue in addition to a list of proposed projects including the cost involved and bring it back to the City Council on October 7'"and the City Council agreed. CLOSED SESSION Pursuant to Government Code Section 54956.8 to confer about the Exclusive Residential Waste Hauling Contract. Property: Franchise to Use All City Streets, Alleys and Rights-of-Way 09-16-2008 50: 0124 Citv Negotiators: Assistant City Manager/Public Works Services Director and Management Analyst Negotiatinq 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: Progertv: Arcadia Par 3 Golf Course (620 E. Live Oak Avenue, Arcadia) Citv Negotiators: 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 Negotiation: Price and Terms of Payment RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Harbicht called the Regular Meeting to order in the Council Chamber at 7:10 p.m. INVOCATION Reverend Raymond Petzholt, Mandarin Baptist Church PLEDGE OF ALLEGIANCE Assistant City ManagerlPublic Works Services Director Pat Malloy ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None REPORT FROM CITY ATTORNEY/AGENCY COUNSEL ON STUDY SESSIONICLOSED SESSION ITEMS City Attorney Steve Deitsch reported that the Redevelopment Agency Board conducted a Study Session concerning a proposed Redevelopment Agency Tax Allocation Bond issue and directed staff to come back with additional information at a Study Session to be held on October 7, 2008. In addition, Mr. Deitsch reported that the City Council met in Closed Session to consider the two (2) items listed on the posted Notice of Special Meeting agenda, no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS Mr. Penman noted a change made to Ordinance No. 2246 which was distributed to the City Council and will be addressed under Public Hearing Item 1.b relating to gardeners and landscapers. 09-16-2008 50: 0125 MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council/Agency Member Chandler, seconded by Mayor Pro Tem Wuo and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. PUBLIC HEARING CITY COUNCIL ITEMS: Resolution No. 6644 approving aTax-Exempt Bond Financing to be issued by the California Statewide Communities Development Authority to benefit Methodist Hospital of Southern California. Recommended Action: Adopt City Manager Don Penman reported that 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 (CSCDA) to benefit Methodist Hospital in the amount of $280,000,000 to upgrade existing facilities and a new North Tower. He further reported that 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 100% of the project's costs. He noted that the newly proposed financing 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. He further noted that the City is merely required to express support of CSCDA's issuance of the bonds to finance the capital improvements and that the City does not have any financial or legal responsibility in this action and recommended adoption of Resolution No. 6644. Mayor Harbicht opened the public hearing. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Kovacic and seeing no further objection, the Mayor declared the public hearing closed. It was moved by Council Member Kovacic, seconded by Council Member Amundson and carried on roll call vote to 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 California. AYES: Council Member Kovacic, Chandler, Amundson, Wuo and Harbicht NOES: None ABSENT: None a. Introduce Ordinance No. 2246 amending the Arcadia Municipal Code by adding a new Section 4630.2 to Article IV (Noise Regulations) regarding hours of operation for gardeners and landscapers and amending and adding various Sections to Article IX (Zoning Regulations and General Provisionsl. Recommended Action: Introduce 09-16-2008 50: 0126 Jason Kruckeberg, Development Services Director reported that 12 text amendments were being proposed and are considered clean-up and streamlining of current ordinances. He noted that the text amendments were based primarily on staff and Planning Commission experiences and are designed to provide efficiency in the City's land use regulations. Jim Kasama, Community Development Administrator noted that 11 of the 12 text amendments are zoning regulations, one is a noise related regulation which establishes the hours of operation for gardeners and landscapers to operate lawn mowers and leaf blowers. Mr. Kasama further noted that a proposed change relates to tree trimming equipment and hours of operation is being proposed. He reported that the Planning Commission has considered the proposed text amendments and recommended one change to the hours of operations for gardeners and landscapers. Mr. Kasama provided a summary of the proposed changes relating to: entry requirements, accessory buildings, driveways, corner lots-indentation/projection requirements, exterior lighting in single family and multi-family residential zones, equipment and facilities, nonconforming uses and structures, fence regulations in residential zones, prohibiting health clubs in the M-1 and M-2 zones, off-street parking requirements for health clubs, hours of operation for gardeners and landscapers and items being proposed to the Administrative Modification list which are not subject to a hearing, but require the consent of adjoining neighbors. Mr. Kasama recommended introduction of Ordinance No. 2246 relating to the hours of operation for gardeners and landscapers and adding various sections to the zoning regulations and general provisions. Mayor Harbicht opened the public hearing. A motion to close the public hearing was made by Mayor Pro Tem Wuo, seconded by Council Member Chandler and seeing no further objection, the Mayor declared the public hearing closed. It was moved by Council Member Chandler, seconded by Mayor Pro Tem Wuo and carried on roll call vote to Introduce Ordinance No. 2246 amending the Arcadia Municipal Code by adding a new Section 4630.2 to Article IV (Noise Regulations) regarding hours of operation for gardeners and landscapers and amending and adding various Sections to Article IX (Zoning Regulations and General Provisions) with recommended revision regarding tree trimming hours of operation on Sundays. AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht NOES: None ABSENT: None 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 Jason Kruckeberg, Development Services Director noted that the City Council previously expressed concern that current single-family garage parking requirements were inadequate for the larger homes being built and has caused concern because inadequate parking results in numerous vehicles being parked in the driveway or on the street. 09-16-2008 50: 0127 Jim Kasama, Community Development Administrator explained that the current code requires a 2 car garage for a new or rebuilt single-family dwelling with up to four bedrooms and a three car garage with five or more bedrooms. He noted that a three car garage is the most that is required regardless of the number of bedrooms or total square footage of the house and the proposed text amendment will require garage parking to be provided at a rate of one space for every two bedrooms in the main dwelling with a minimum of two spaces required and provided a definition of a bedroom for the purpose of calculating the parking requirement. He further noted that the amendments include a requirement that the garage parking spaces have minimum clear interior dimensions of 10 feet wide by 20 feet long and remain free of obstructions. He commented that in staff's opinion the proposed Text Amendment will address the inadequacies of the single-family garage parking requirements but will not address how residents actually utilize their covered parking and recommended introduction of Ordinance No. 2247. Mayor Harbicht opened the public hearing. Mario Duron appeared and spoke in support of the proposed text amendment regarding single- family residential garage parking requirements and recommended that the garage size be considered to accommodate larger vehicles. Robert Tong, ArchitecUDesigner in Arcadia appeared and suggested that the City base the number of garage spaces on the square footage of the home instead of the number of bedrooms and suggested the City consider excluding rooms that are not bedrooms. A motion to close the public hearing was made by Council Member Chandler, seconded by Mayor Pro Tem Wuo and seeing no further objection, the Mayor declared the public hearing closed. It was moved by Mayor Harbicht, seconded by Council Member Chandler and carried on roll call to continue the public hearing to October 21, 2008 and bring back suggested recommendations regarding single family residential garage parking. AYES: Council Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES: None ABSENT: None PUBLIC COMMENTS Stella Ross appeared and spoke regarding issues relating to her homeowner association and recommended that the City oversee homeowner associations in town. She also suggested a children's book contest with their stories bound in a book. Mario Duron appeared and spoke about the lack of parking at the Bowling Square on Baldwin Avenue. He thanked the City for putting two speed limit signs on his street and noted that he received a ticket for not completely stopping at First Avenue and Genoa and requested the City check the stop sign line because he felt that it is too far back. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Chandler noted that at the last City Council meeting he reported that the police apprehended four burglary suspects in the Cambridge/Harvard/Stanford areas and that they were all repeat parolees offenders and tomorrow is the preliminary hearing. He reported that 09-16-2008 50: 0128 today, the Police Department received a call that a couple was knocking on doors saying their dog was lost and could they check the backyard for their dog and reported that all three individuals were taken into police custody and they had criminal records; the police recovered jewelry, foreign currency, gloves and items used in burglaries. He again urged residents to call the police if suspicious activity is suspected in your neighborhood. Mayor Pro Tem Wuo announced that he attended the Harvest Moon Festival at the County Park; he noted he has recently been receiving calls from residents who have violated the Code or received citations and urged residents to go through the building or planning process when hiring contractors. Council Member Amundson announced that the Elks Club had an appreciation luncheon for the Police Department; he met and welcomed four new Arcadia police officers and also commented on the police website; he noted that an item is on the agenda to put holiday decorations up on Huntington Drive between Santa Clara and Fifth Avenue and thanked staff for that. He announced that Monday, September 22 is the Taste of Arcadia and encouraged everyone to attend; he noted that September is National Preparedness Month and urged everyone to be prepared and further noted that the City's Action brochure has a list of items needed in the event of an emergency. Council Member Kovacic thanked Stella Ross for discussing the book contest; he announced the Historical Museum Society will be having a creative expression contest this year, the theme will be "History Lives Here' and will be open to all elementary, middle school and high school students in Arcadia. He noted that they will be asked to submit essays, poems and artwork or performances and cash prizes will be given out and he encouraged all students to participate. In response to City Council request, Deputy Fire Chief Dave Haney explained that on September 5, the State Office of Emergency Services came to Fire Headquarters and presented the Arcadia Fire Department with a new State Emergency Fire Truck No. 343 which represents the 343 firefighters that died on 9-11 and discussed the new Fire Department Headquarters Open House on Santa Anita. City Clerk Barrows reported that his personal vehicle recently caught on fire due to a possum nest on the engine block and thanked the Police and Fire Departments for responding. Mayor Harbicht encouraged residents to attend the Fire Department Headquarters Open House and he announced that the new Fire Department received the Design Award from the Pasadena Foothill Chapter of the American Institute of Architects. CONSENT CALENDAR 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 (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. Recommended Action: Approve 09-16-2008 50: 0129 CITY COUNCIL ITEMS: c. Approve the Regular Meeting Minutes of August 19 and September 2 2008 Recommended Action: Approve d. 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 e. Authorize the Citv 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 f. Authorize the Citv Manager to execute a contract with Steinv & Co Inc for the Recommended Action: Approve g. Award aone-year (1) extension to the Professional Services Agreement between the Citv of Arcadia and Joe A. Gonsalves and Son for State Leaislative Advocacy Services. Recommended Action: Approve Council Member Kovacic requested Consent Calendar Item 2.g 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 through 2.f on the City Council/Agency Consent Calendar. AYES: Council Member Chandler, Amundson, Kovacic, Wuo and Harbicht NOES: None ABSENT: None In response to Council Member Kovacic's inquiry regarding Consent Calendar Item 2.g, Mr. Penman explained the purpose and benefit provided to the City from Gonsalves and Son for State Legislative Advocacy Services. A motion was made by Council/Agency Member Kovacic seconded by Council/Agency Member Chandler and carried on roll call vote to approve items 2.g on the City Council/Agency Consent Calendar. AYES: Council Member Kovacic, Chandler, Amundson, Wuo and Harbicht NOES: None ABSENT: None 1 09-16-2008 50: 0130 3. CITY MANAGER a. Inclusion of the Citv of Pasadena as a Member of the Foothill Transit Joint Power Authority. Recommended Action: Discuss and provide comments Linda Hui, Transportation Services Manager reported that the Foothill Transit Joint Power Authority (JPA) Governing Board voted to extend an invitation to the City of Pasadena to join the JPA. She further reported that any addition to the JPA membership requires a change in the governing structure and a unanimous ratification by all member organization. She noted that the JPA is accepting comments until October 1, 2008 from each member organization regarding the proposed addition to Cluster 3 which the City of Arcadia is part of. It was the consensus of the City Council to include the City of Pasadena as a member of the Foothill Transit Joint Power Authority which will be transmitted to the JPA on or before October 1, 2008. b. Adopt Interim Urgency 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 Mr. Penman reported that due to legal uncertainties between Federal and California laws regarding medical marijuana dispensaries, staff recommended that the City Council consider adopting an urgency ordinance establishing a moratorium on the establishment and operation of medical marijuana dispensaries. He noted that there is sufficient information to justify the urgency moratorium. Police Chief Sanderson noted that there has been a rise in Part I Crimes in cities that allow medical marijuana dispensaries and reported that there has been a 200% increase in robberies, 52% increase in burglaries, 57% increase in aggravated assaults, and 130% in burglaries from automobiles, an increase in drug violations, driving under the influence arrests, traffic accidents, fraud, simple assaults, weapons violations, vagrancy, loitering including negative effects on surrounding businesses, residential neighborhoods and the public due to the heavy odor of marijuana, secondary smoke, heavy traffic, hours of operation for the dispensaries from 10:00 a.m. to midnight, seven days a week, dispensary customers disturbing the neighborhood and criminal profiteering. He reported that in 2006, marijuana sales reached a $13 billion dollar height up from the year before which was $1.6 billion dollars and in California went up over $11 billion dollars. He noted that due to the conflict between State and Federal Law and the secondary impacts of crime associated with medical marijuana dispensaries, staff believes that it should study the potential impacts of the operation of medical marijuana dispensaries in order to protect the health, safety and welfare of the citizens of Arcadia and that a moratorium should be placed on the establishment and operation of medical marijuana dispensaries. He further noted that as of February 2007, 70 cities and 6 counties in California have moratoriums on medical use of marijuana, 38 cities and 5 counties have banned the use of medical marijuana and 24 cities and 7 counties have established ordinances regulating the use of medical marijuana and recommends that the City Council adopt interim urgency Ordinance No. 2248 establishing a moratorium on the establishment and operation of medical marijuana dispensaries pursuant to Government Code Section 65858 for a period of 45 days and requires a 4/5 vote and if at the conclusion of the 45 days it is determined that further study is needed, the City Council may extend that time period at a future public hearing. 09-16-2008 50: 0131 It was moved by Mayor Pro Tem Wuo seconded by Council Member Amundson and carried on roll call vote to introduce and adopt Interim Urgency Ordinance No. 2248 establishing a moratorium on the establishment and operation of Medical Marijuana Dispensaries pursuant to Government Code Section 65858. AYES: Council Member Wuo, Amundson, Chandler, Kovacic and Harbicht NOES: None ABSENT: None c. Report, discussion and direction concernina contract language regarding compliance with the Immigration Reform and Control Act for Citv contractors Recommended Action: Provide direction Mr. Penman reported that at the September 2, 2008 City Council meeting, staff presented information at the request of the City Council, regarding verification of employment eligibility status of City employees and persons who are employed by contractors who do work for the City. He further reported that the City Council then directed staff to prepare language that could be inserted in all contracts that provide services to the City regarding compliance with federal and state immigration laws. Mr. Penman provided language prepared by the City Attorney that responds to the City Council's request. It was moved by Council Member Amundson, seconded by Mayor Harbicht and carried on roll call vote to include compliance with the Immigration Reform and Control Act language in all City contracts and agreements. AYES: Council Member Amundson, NOES: None ABSENT: None Harbicht, Chandler, Kovacic and Wuo Consideration of waiver of Arcadia Redevelopment Agencv Resolution No 172 to permit vehicle storage and parking at 21 Morlan Place and automobile related uses at 37 West Huntington Drive Recommended Action: Approve Jason Kruckeberg, Development Services Director reported that the Redevelopment Agency has been working with Rusnak Mercedes on a land assembly and redevelopment project for some time that would provide expansion opportunities for Rusnak onto 21 Morlan Place and 37 W. Huntington Drive for additional parking. He further reported that the proposal for 21 Morlan Place is to use the lot as vehicle storage and parking for Rusnak automobiles including vehicles that are being serviced and will be closely coordinated with the Church in Arcadia to avoid any impacts to the Church as long as they remain on the site; and the proposal for 37 W. Huntington Drive is to utilize a portion of the storage building for the storage of auto parts for Rusnak and would be for storage purposes only. Mr. Kruckeberg explained the purpose of the waiver of Redevelopment Agency Resolution No. 172 to permit vehicle storage and parking at 21 Morlan Place and automobile related uses at 37 W. Huntington Drive and recommends approval to move forward with the process. He noted that the parking at the Church site would need a Conditional Use Permit which would be heard by the Planning Commission and the use of the storage building would also need to go through the Planning Commission process and since the proposed uses are compatible with the surrounding area and be compatible with the City's goal for this portion of the Redevelopment Area he recommends approval. 09-16-2008 50: 0132 It was moved by Council Member Chandler, seconded by Mayor Pro Tem Wuo and carried on roll call vote to 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 W. Huntington Drive. AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht NOES: None ABSENT: None ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting in memory of Jayne Vento Bellin at 9:20 p.m. to October 7, 2008, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows City Clerk ?% r7~ L By: Lisa Mussenden, Chief Deputy City Clerk/ Records Manager 09-16-2008 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." "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, cornices, 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 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 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 accessory building other than an Accessory Living Quarters/Guest House shall not contain more than one (1) room and athree-quarter 3 ('/a) 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 Pamily Architectural Design Review." 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 4 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 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. 5 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 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 6 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 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 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." "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 fmished 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. Exception: A light fixture adjacent to a second story balcony, deck, or exterior doors maybe 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: s "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." "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. 9 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 riot 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) 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: ~o "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 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." "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 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: 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 LY, 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. iz 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 uired 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 property within a residential zone other than 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; provided, however, that use of mechanical equipment for tree trimming on Sundays shall be prohibited, except in case of an emergency as determined by the Chief of Police." 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: 13 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 iri 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 yazd 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." SECTION 18. This Ordinance shall become effective on the thirty first (31st) day following its adoption. SECTION 19. The City Clerk shalt certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this day of 2008. Mayor of the City of Arcadia is ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 15 °°~~°H~=s°~'``' 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 Text Amendment No. 08-04 amendino the Arcadia Municipal Code by addino Section 4630.2 to Article IV 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. The amendments 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 limited 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. Recommendation: Introduce Ordinance No. 2246 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 or just front entries. Staff feels that the design of entries can be regulated through Design Review with the exception of the 14'-0" maximum height. This specification should remain in the Code. Since Planning Staff is clearly concerned with the front entries and 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 must lead 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 8'-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. F. 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 portiori 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, 2D08 Page 3 H. Fence Regulations in Residential Zones When the fence regulations were amended in 2004, it was Staff's 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. I. 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 parking 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 parking 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 through 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 within all residential zones. The Planning Commission modified this recommendation to 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. 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 gwellings 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 staffs 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 Environmental Quality Act (CEQA). There is no possibility that the text amendments will have a significant effect on the environment under Section 15061(b)(3) of the CEQA Guidelines, 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 Municipal 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: .fie-aL~~-,.-~-a.~.J Donald Penman, City Manager Attachments:1) Proposed Text Amendments Item Nos. 1-12 2) Ordinance No. 2246 3) Preliminary Exemption Assessment TA 08-041Ord. 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. . °°'~ ^~^ ^^' f^'°'° ^^~' ~^'^~mers er vents Th h ll b ~ ~*' . ~ ere s a e rre 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. Item No. 1 ACCESSORY BUILDINGS AMC Section 9251.2.9.1. ACCESSORY BUILDINGS. REGULATIONS. R-O . 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 shat{ 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 ('/<) 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. AMC Section 9252.2.9.1. ACCESSORY BUILDINGS. REGULATIONS R-1 ° Item No. 2 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 (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. 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 a.~ ,,,.,~ ~ti~ii tie „•a~~ F.. rtie .r -~~ y 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 unobstructed 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°/a) 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.. 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-of-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.x- 2 and 9252.2.6.E 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 ailow 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. 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. r1en46 nF hun /7\ Fee{ .~nrl m n'm ~ ui!!Fh i.F n /R\ F 4 { '~ ~ \ / N 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 wall 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 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 leael grade level ,,,, ,,,,,, ,,,,«„~ „r ,..,n ,,. ~«. ,.F . 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. 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 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. Modifications: 9292.1.4 AUTHORITY 17. Alterations and/or Expansion of nonconforming uses-~ in any residential zone. ooG~' ~ ~ o~~ r7...+I~ I~ #h I #~ y .,*-~ -~„~-,or i,#~ n~7-~-O'"".~mm.,Q-691- _ ai3eve- 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 height. 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). 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 4 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. 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 (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. Figure 6 i i fi'-0" MqX. RNCE ON WPL'_ I ~~ I~ IENLE OP Wµ1 ~I ~~ ~ ' ~~ ~i ~' ,~ r '-0" MIN. r L ___ ________________•~ 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 height. 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). Figure 5 Item No. 8 R-O Zone 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 an 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. 9252.2.12.3 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 heicht. 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 EXCEPTION: It the grade nas been altered due to previous grading, the finished grade shall be subject to review and approval by the Development Services Director or designee. 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 abuts 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. apache, aristocrafi 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. Figure 6 -- - ---~ i s'-a' Max. ~ ~ I !ENLE DR WALL ,~ ~ 1 ~ ~ J-0' MAl(. I ' FENLE OR WPLL , li it I ~~ ~ ~ ~ I~ q I 1 IL_. _. -_.~ o.. MiN. i I ~ 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 (6) 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 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). 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 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. 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 R-3 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 sr-iadastrial zone. Item No. 9 PARKING REGULATIONS AMC Section 9269.5. OFF-STREET PARKING REQUIREMENTS. Health /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 ~""~•.. PRELIMINARY EXEMPTION ASSESSMENT c°°•~ •~*°~ (Certificate of Determination When Attached to Notice of Exemption) 1. Name or description of project: TeM Amendment No. OS-04 2. Project Location -Identify street address and cross streets or attach a map showing project site (preferably a USGS 15' or 7'~' topographical map identified by quadrangle name): City wide 3. Entity or person undertaking project: ® A. City of Arcadia ^ B. Other (Private) (1) Name: (2) Address: (3) Phone: 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)° has concluded that this project does not require further environmental assessment because: a. ® The proposed actlon does not constitute a project under CEQA. b. ^ The project is a Ministerial Project. c. ^ The project is an Emergency Project. d. ^ The project constitutes a feasibility or planning study. e. ® The project is categorically exempt. Applicable Exemption Class: 15061 Section No.: fbl f31 f. ^ The project is statutorily exempt. Applicable Exemption: Section No.: g. ^ The project is otherwise exempt on the following basis: h. ® The project involves another public agency which constitutes the Lead Agency. Name of Lead Agency: Citv of Arcadia Date: Aucust 11.2008 Staff: Lisa Flores. Senior Planner T ...a DATE: October 7, 2008 STAFF REPORT Public Works Services Department TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager/Public Works Services Direct I Prepared by: Tom Tait, Deputy Public Works Services Director Dave McVey, General Services Superintendent SUBJECT: SUMMARY On July 22, 2008, the Arcadia Planning Commission granted a Conditional Use Permit and Architectural Design Review for a wireless telecommunication facility to be installed by Omnipoint Communications Inc. on behalf of T-Mobile USA Inc. Staff recommends that the City Council accept the communication site lease agreement between the City and Omnipoint Communications Inc. for a wireless communication facility at Orange Grove Park - 670 E. Orange Grove Park Avenue. DISCUSSION Orange Grove Park has a portion of land that can be utilized by T-Mobile for a wireless telecommunication facility. T-Mobile will lease approximately 375 square feet at Orange Grove Park (See Attachment), which includes a 312 square foot enclosure and a 62 foot high cell tower camouflaged as a pine tree to be located at the south end of the park along E. Orange Grove Park Avenue. On July 22, 2008, the Arcadia Planning Commission determined that the facility camouflaged as a pine tree will be visually harmonious with the surroundings. The term of the lease will be five (5) years with the option to renew for four (4) additional five (5) year periods (total potential of 25 years). The wireless communication site will generate $24,000 annually beginning the second year of the lease and will increase four (4) percent for each succeeding year thereafter. T-Mobile will not be charged rent for Page 1 of 2 Recommendation: Approve Mayor and City Council October 7, 2008 the first year of the lease as part of the. negotiated agreement between T-Mobile and the City in order to keep the cell site out of the public right-of-way where it could be a visual nuisance. The amount of rent being charged is based on a survey of wireless communication leases with surrounding cities. This will be the sixth cell tower to be installed on City-owned property. On July 22, 2008; the Planning Commission approved the use and construction of the wireless communication facility. Staff recommends that the City Council accept the communication site lease agreement between the City and Omnipoint Communications Inc. for a wireless communication facility at Orange Grove Park - 670 E. Orange Grove Park Avenue. FISCAL IMPACT This lease of a portion of Orange Grove Park to T-Mobile for a wireless telecommunication facility will generate $24,000 annually in revenue for the City with four (4) percent increases each year thereafter. RECOMMENDATIONS Accept the communication site lease agreement between the City and Omnipoiht Communications Inc. for a wireless communication facility at Orange Grove Park - 670 E. Orange Grove Park Avenue. 2. Authorize the City Manager to execute a contract in a form approved by the City Attorney. Approved by: '~'+-~ ~4w,.Y..,...J .Donald Penman, City Manager PM:TT: DM Attachment Page 2 of 2 .~.- ---u Orange Grove Par a ~~~~ ~..°a- CUP 08-06 & ADR 08-TO DATE: October 7, 2008 STAFF REPORT Public Works Services Department TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager/Public Works Services Director ,i Prepared by: Tom Tait, Deputy Public Works Services Director Dave McVey, General Services Superintendent SUBJECT: SUMMARY The Fleet Services Department is responsible for writing the equipment specifications and purchase of all vehicles outlined in the City's Equipment Replacement Schedule. When new purchases of vehicles have been completed and delivered, the installation of emergency lighting and communication equipment is performed by an outside contractor. Staff recommends that the City Council award a contract to Espino's Cop Shop, Inc. for the installation of emergency lighting, communication equipment and interior accessories in the amount of $53,433. DISCUSSION When new police vehicles, trucks and cars have been purchased and delivered to the Fleet Maintenance Section for final inspection, they are then sent out to an outside contractor for the installation of all related emergency equipment. The process for Police cars involves removing existing emergency lighting and computer equipment from the designated replacement vehicle and install into the new vehicle per the specifications of the Arcadia Police Communications radio technician. The Police vehicles are also outfitted with a state of the art wiring harness, prisoner seat, acrylic partition, push bar, and gun mounts. After the contractor has installed all related equipment the vehicle is ready for first line duty. Page 1 of 2 Mayor and City Council October 7, 2008 All trucks and cars are equipped with emergency lights, fabrication of light bars, and two-way radio installation kits. Installation and fabrication of exterior light bars is performed by the contractor. Notices inviting bids were published in the adjudicated paper and the bid packages were distributed to area contractors. The following two (2) bids were received on September 2, 2008: Bidder Location Bid Amount 1. Espino's Cop Shop, Inc. Rancho Cucamonga $53,433 2. Woodcrest Vehicle Center Riverside $59,361 Staff has reviewed the bid documents for content and has investigated the Contractor's background and recent installations for competency. Staff has determined Espino's Cop Shop can satisfactorily pertorm the work required and recommends that the City Council award a contract to Espino's Cop Shop for the installation of emergency lighting, communication equipment and interior accessories in the amount of $53,433. FISCAL IMPACT Sufficient funds are budgeted in the 2008-09 Capital Improvement and Equipment Plan RECOMMENDATION 1. Award a contract to Espino's Cop Shop, Inc. for the installation of emergency lighting, communication equipment, and interior accessories in the amount $53,433. 2. Waive any informalities in the bid. or bidding process. 3. Authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. Approved by: ~6'-~a-4Q TC.v.,r,~e,~..J Donald Penman, City Manager PM:TT:DM Page 2 of 2 v ~ oo.>.....e - e.wn s, vw ooa~"°'"' °"'°~`` STAFF REPORT Administrative Services Deparhnent DATE: October 7, 2008 TO: Mayor and City Council FROM: Hue C. Quach, Administrative Services Director ~n^^A Michael A. Casalou, Human Resources Administrat ~vv~~_- SUBJECT: CLASSIFICATION SPECIFICATIONS FOR BUILDING MAINTENANCE TECHNICIAN, MAINTENANCE WORKER AND EVIDENCE TECHNICIAN; AND COMPENSATION LEVEL FOR STOREKEEPER/BUYER Recommendation: Approve SUMMARY It is recommended that the City Council approve the revisions to the existing classification specifications of Building Maintenance Technician, Maintenance Worker and Evidence Technician and set the compensation level for Storekeeper/Buyer. BACKGROUND Periodically classification specifications are reviewed to ensure they accurately depict the job functions required of each position. Staff recently conducted a review of the classification specifications of Building Maintenance Technician, Maintenance Worker, Evidence Technician and Storekeeper/Buyer. As a result of the job audits, minor changes are recommended to all of these specifications (except Storekeeper/Buyer) to insure a more accurate description of the duties and experience required. In addition, staff is recommending the salary for Storekeeper/Buyer be set at Range 53P ($3,460- $4,320). All of the proposed changes to classification specifications were approved by the Human Resources Commission on September 11, 2008. DISCUSSION Building Maintenance Technician The Building Maintenance Technician in the Public Works Services Department performs a variety of semi-skilled and skilled work in the maintenance, repair, alteration Mayor and City Council October 7, 2008 Page 2 of 3 and construction of City buildings, facilities, street lighting, and fixtures including carpentry, plumbing, roofing, painting, and other trades as required. The Public Works Services Department has long required Building Maintenance Technicians to perform stand-by duty, on call duty and respond to emergency calls when needed. Public Works Management and representatives from the Arcadia Public Works Employees Association (APWEA) have met and conferred on this issue and both recommend adding these functions to the existing job specification. Maintenance Worker The existing job specification for Maintenance Worker in the Public Works Services Department requires two years of experience performing responsible street or water system maintenance, repair, and construction and equipment operation work. Past experience indicates that many current and former Arcadia Maintenance Workers have started as Laborers. Laborers are temporary part time employees and are only required to posses one year of geheral maintenance and construction experience. Staff is frequently impressed with the abilities and skills of Laborers, but unable to consider them for Maintenance Worker vacancies as some do not meet the minimum experience requirements. Staff is therefore recommending changing the experience requirement for Maintenance Worker to include individuals with six months experience as a Laborer for the City of Arcadia. Public Works Management and representatives from the Arcadia Public Works Employees Association (APWEA) have met and conferred on this issue and' both recommend adding the proposed experience requirements to the existing job specification. Storekeeper/Buver The City's Warehouse Manager in the Public Woks Services Department is retiring this December. Prior to the incumbent assuming the role of Warehouse Manager approximately five and a half years ago, the majority of the duties of this position were performed by a Storekeeper/Buyer. Staff has reassessed the needs of the department and is recommending filling this vacancy with aStorekeeper/Buyer. The classification for Storekeeper/Buyer already exists in the City Class Plan and staff is not recommending any changes at this time. This position as proposed is a non- management position represented by the Arcadia Public Works Employees Association (APWEA) and staff is recommending the salary be aligned (as it was in the past) with Equipment Operator at Range 53P ($3,460-$4,320). Public Works Management and representatives from the Arcadia Public Works Employees.Association (APWEA) have met and conferred on this issue and both recommend setting the salary for this position at Range 53P. Evidence Technician The current Evidence Technician in the Police Department is retiring from the City of Arcadia later this year. A review of the classification specification was recently Mayor and City Council October 7, 2008 Page 3 of 3 conducted. Staff is recommending several minor changes to the class specification, primarily as a result of technological improvements and other minor changes to the job that have taken place since the last update to the classification specification. Additionally, staff has researched the market and recommends changing the title of this position to Property, Evidence, Crime Scene Technician, as this title is more common in our labor market and better describes the position. FISCAL IMPACT The utilization of the Storekeeper/Buyer position in lieu of the current Warehouse Manager will provide an estimated savings of $6,000 to $8,000 annually. The proposed changes to the classification specifications have no fiscal impact. RECOMMENDATION It iS recommended that the City Council: Approve the revisions to the classification specifications for Building Maintenance Technician, Maintenance Worker and Property, Evidence, Crime Scene Technician and approve the compensation level for StorekeeperlBuyer. APPROVED: ~-~ i~ Donald Penman, City Manager CITY OF ARCADIA BUII.DING MAINTENANCE TECHNICIAN DEFDVITION Under general supervision, to perform a vaziety of semi-skilled and skilled work in the maintenance, repair, alteration and constmction of City buildings, facilities, street lighting, and fxmres including cazpentry, plumbing, roofing, painting, mechanical, heating, air conditioning, and electrical trades work. Exercises no supervision. EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES Maintain and repair City facilities,, equipment, street lighting, and buildings by performing a vaziety of skilled and semi-skilled carpentry, electrical, painting, plumbing, heating and air conditioning, and mechanical repair work. Install, adjust, repay and inspect heating, ventilation, and air conditioning equipment including forced air furnaces, boilers, water pumps, chillers, air conditioning units, exhaust fans, atr filters, compressors, cooling towers, and heat exchangers. Repair and replace plumbing fixtures including sinks, toilets, faucets and pipes; cleaz obstructions from lines. Perform carpentry work including the construction, installation, remodeling and repairing of cabinets, partitions, walls, windows, doors, roofs, foundations, and other carpentry work. Participate in remodeling of facilities including submitting cost estimates to supervisor and coordinating with outside contractors as authorized. Inspect building facilities and parks to identify building maintenance needs. Install, maintain and repair a vaziety of roof coverings and floor coverings such as carpeting, tile, linoleum and wood. Operate, maintain and repair a vaziety of mechanical cools and equipment such as power saws, power sanders, drills, air compressors, paint sprayers, sewer augers, and various hand tools required for carpentry, plumbing, and maintenance work. Read and interpret sketches, diagrams and blueprirus Repair and maintain electrical lighting systems and fixtures. Monitor and maintain preventive maintenance records and logs. OTHER JOB RELATED DUTIES Perform related duties and responsibilifles as assigned. JOB RELATED AND ESSENTIAL QUALIFICATIONS Knowledee of Methods, practices and equipment used in building maintenance and repair services and activities including a variety of building trades work. Occupational hazazds and standard safety practices necessary in the maintenance and repair of buidings and building facilities. Principles and procedures of record keeping. Basic theory of electricity. Basic theory and practice of heating, ventilation, and air conditioning systems. Policies, procedures and codes related to the maintenance and repair of buildings and building facilities. Preventive maintenance requirements. Safe driving principles and practices. Skill to: Use and operate hand tools, power tools, and mechanical equipment in a safe and efficient manner. Operate a motor vehicle safely. Ability to: Perform a full range of semi-skilled and skilled building maintenance and repair work. Identify building maintenance needs and take corrective actions. Work independently in the absence of supervision. 2 Repair and maintain a vaziety of mechanical equipment. Read and interpret sketches, drawings, diagrams and blueprints. Apply goad judgment and practical knowledge to resolve unusual or irregulaz problems in the azea of work assigned. Perform duties in a manner to maximize public safety in the azea of work assigned. Perform heavy manual labor. Understand and follow oral and written instructions. Communicate cleazly and concisely, both orally and in writing. Establish, maintain and foster positive and harmonious working relationships with those contacted in the course of work. Perform stand-by duty as part of a regulaz rotation Minimum Qualifications: Experience Three yeazs of experience in the full range of general maintenance or construction work. Trainine• Formal or informal education or training which ensures the ability to read and write at a level necessary for successful job performance supplemented by additional specialized technical training in a building trade. License or Certificate: Possession of, or ability to obtain, an appropriate, valid class `A "driver's license. Special Requirements: Essential duties require the following physical skills and work environment: Ablliry to sit, stand, walk, kneel, crouch, stoop, squat, crawl, twist, climb, and°lift 50 lbs.; exposure to cold, heat, noise, outdoors, vibration, confining work space, chemicals, explosive materials, mechanical hazards, and electrical hazazds; ability to travel to different sites and locaticns. Availability far on call, stand-bv and emergency calls. Effective Date: October#,200g . Deleted: ruts ' , Deleted: February Formatted: Font color: Blue _ - Deleted: September Deleted: Deleted: s, CITY OF ARCADIA MAINTENANCE WORKER DEFINITION Under general supervision, to perform a variety of semi-skilled and skilled duties in the maintenance, repair, and construction of City streets and alleys; to maintain and remove City- owned trees; to use and operate manual tools and light and moderately heavy power driven equipment; to perform a variety of duties involved in meter reading and the installation, maintenance, testing, repair, and replacement of water meters and auxiliary equipment; and to perform a variety of tasks relative to assigned areas of responsibility. Exercises no supervision. EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES Perform semi-skilled and skilled manual work in the maintenance, repair, and construction of City streets and alleys; mix, pour, and finish concrete; cons[mct and repair manholes. Assist in the repair of curbs, gutters, and manholes and the paving of streets and alleys using pneumatic tools, asphalt rakes, and other hand tools. Remove and replace road surface material and debris; load, transport, and unload stones, gravel, dirt, supplies, and equipment as required. Install, repair, and clean storm drains, drainage ditches, and culverts. Break up concrete or asphalt, build and set forms, and mix and pour cement for curbs, gutters, sidewalks, and sidewalk ramps. Fill, patch, and resurface holes, cracks, ditches, and service laterals. Paint parking stalls, crosswalks, curbs, and street lines. Remove, repair, and replace street lights; install and replace street signs and traffic signs. Place traffic control and warning signs; serve as a flagman; set up lanterns and barricades. Participate in the propagation, planting, care, maintenance, and removal of City-owned trees and shrubs. Formatted: Rl9ht: 0.]5" ,` , Check curb boxes; rethread standpipes and caps on curb boxes; flush out curb boxes; flush and set hydrant meters on fire hydrants. Investigate the unauthorized use of fire hydrants and un-metered water; make visual inspections for meter tampering and cross connections; investigate high water consumption. Investigate customer complaints; provide information and assistance to customers; explain policies and procedures to customers during the course of work activities; assist customers in locafing leaks. Maintain records and prepaze reports; perform a variety of clerical work. Operate a variety of light and heavy duty construction equipment including pick up truck, dump truck, back hoe, crane truck, skip loader, heavy and light tapping machines, jack hammer, portable and bench-mounted power tools, concrete saw, pipe locating equipment, leak locating equipment, cement mixer, valve track, and threading machines taps and dies. Perform preventative maintenance procedures and minor maintenance and adjustments on equipment used. Install, renew, and disconnect water services; repair service leaks; install and repair mains, laterals, valves, and fittings; install and repair hydrants; read, replace,- repair, and rebuild water meters; relocate cathodic protection stations; turn on and oft' main line valves, hydrants, and fire service lines; install taker meters to hydrants; exercise valves and hydrants. .OTHER JOB RELATED DUTIES Perform related duties and responsibilities as assigned. JOB RELATED AND ESSENTIAL QUALIFICATIONS Knowledge of: Proper use and maintenance of tools and equipment including the operational characteristics of light and moderately heavy motorized equipment. Practices, methods, equipment, tools, and materials used in the installation, maintenance, testing, repair, and replacement of water meters and auxiliary equipment. Operational characteristics of specialized street maintenance and repair equipment Formatted: Right: 0.25" 2-' Occupational hazards and standard safety precautions necessary in street maintenance and repair work. Pertinent Federal, State, and local laws, codes, and regulations. Safe driving principles and practices. Occupational hazards and standard safety practices necessary in the area of work. Principles and procedures of record keeping and reporting. Principles and practices used in dealing with the public. Basic mathematical principles. Skill to: Operate a variety of vehicular and stationary mechanical equipment in a safe and efficient manner including pick up truck, dump truck, back hoe, crane truck, skip loader, heavy and light tapping machines, jack hammer, portable and bench-mounted power tools, concrete saw, pipe locating equipment, leak locating equipment, cement mixer, valve truck, and threading machine taps and dies. Perform heavy manual labor for extended periods of time in all types of weather. Operate a motor vehicle safely. Ability to: Perform street maintenance and repair with accuracy, speed, and minimal supervision. Read, interpret, and apply technical information from manuals, drawings, specifications, layouts, blueprints, and schematics. Perform responsible water meter installation, maintenance, and repair work with accuracy, speed, and minimal supervision. Interpret and apply the policies, procedures, laws, codes, and regulafions pertaining to assigned programs and functions. Respond to and resolve inquiries and complaints from the general public. Read gauges and record figures rapidly and accurately. Perform minor repairs and adjustments to equipment and tools. i3nderstand and follow oral and written instructions. Formatted: Ryht 0.25" 3-'~ Communicate clearly and concisely, both orally and in writing. Establish, maintain, and foster positive and harmonious working relationships with those contacted in the course of work. Experience and Trainine Guidelines: A typical way to obtain the knowledge, skills, and abilities would be: Ezuerfence: Two years of experience performing responsible street of water system maintenance, repair, and construction and equipment operation work: or six months experience as a Laborer for the City of Arcadia. - Formattetl: FonC rimes New Oman Trainine: Equivalent to tfie completion of the twelfth grade. License or Certificate: Possession of, or ability to obtain, an appropriate, valid driver's license. Special Reaui~ements: Essential duties require the following physical skills and work environment• Ability to sik stand, walk, kneel, crouch, stoop, squat, twist, climb, push, pull, and lifr 100 Ibs.; exposure to cold, heat, noise, outdoors, vibration, chemicals, explosive materials, mechanical hazards, and electrical hazards; ability to travel to different sites and locations; availability for on-call, stand-by, and emergency call. ( Effective Date: October, 2008 - - - - - - - - - - .--.--- Deleted: nog,:r ~z, issv Deletetl: September Formatted: Right 0.25" 4t, CITY OF ARCADIA ~roaerty Evidence,~Crime Scene Technician _....- Delecea: svmelvice rectnnctnn DEFINITION Under direcflon, to perform a vaziety of technical duties involved in the maintenance and processing of criminal evidence; to testify in court as an expert witness as required; and to perform general technical duties in support of the Police Department. SUPERVISION EXERCISED Exercises no supervision. EXAMPLES OF IMPORTANT AND ESSENTIAL DUTIES Secure, transport, categorize, release, log, tag, and photograph property and evidence for the Police Depaztment. Receive, process, and safeguazd evidence and property. Destroy, auction, or release property and evidence according to the law and department policy. Report to major crime scenes and vehicle accidents; process crime scene fot evidence; collect evidence. Photograph and video tape major crime scenes, traffic, accidents :and victims of crimes. Delerea: aM Process and file all photo imaees taken by Police Depaztment and City_ personnelsDieitally _...- Dalecea: film process store and arrange for film processing by outside vendor as necessary. .Print all requests for photos for City, Police Department, courts, and insurance companies. Process crime scenes and evidence for latent fingerprints; prepare prints for analysis and compazison (LIT LAF's ). Analyze and compaze fingerprints - Deleced:. Tastrfy III,COllLt a5 fingerprint eXpert. _..-- ~Deletetl: municipal aM superior Prepare plaster casts of [ire tracks and footprints at crime scenes. Develop, print, and file all booking photos taken by Department personnel. Take, process, and print photos for City public relations; submit photos to local newspapers. Deleted: Maintain all lab and darlrroom egwpmeat; order and maintain comumable supplies tw lab aM Recover DNA evidence from crime scene~and individuals aarl~oam. .' Deleted:. Conduct preliminary analysis of suspected drugs and nazcotics; prepaze evidence for submission to Sheriff s crime lab. Check serial number on items received to ascertain whether items are stolen; set aside items fo;-,--.- oeiemd: r~g~~m~mg latent processing. Prepare evidence and present expert testimony in court regarding the maintenance and processing of evidence and test results and findings. Provide information and assistance to police officers and attorneys regazding status of case evidence. Stay abreast of new policies and laws pertaining to property and evidence. Make recommendations for improvements in Evidence equ~ment and related technoloeies. OTHER JOB RELATED DUTIES Perform related duties and responsibilities as assigned. JOB RELATED AND ESSENTIAL QUALIFICATIONS Knowledge of• Principles, practices, methods, and techniques of maintaining and processing evidence and property. Principles and practices of armoy control and maintenance. Pertinent Federal, State, and local laws, codes, and regulations including administrative and department policies and procedures. Occupational hazards and standard safety practices in evidence collection and storage. Principles and practices used in dealing with the public. Modern office procedures, methods and computer equipment.and related softwaze. _,,..-- oeierea:. Principles and procedures of record keeping and records management techniques. English usage, spelling, grammar and punctuation. Safe driving principles and practices. Skill to: Operate modern office equipment including computer equipment. Operate photographic equipment, includin¢ di ig tal equipment. Operate a motor vehicle safely. Ability to: Collect, preserve, label, catalog and store and account for evidentiazy items for presentation in criminal proceedings. Interpret and apply Pederal, State and local policies, procedures, laws and regulations. Present testimony in court as an expert witness. Perform general clerical work. Prepare and maintain accurate and complete records. Prepaze clear aad concise reports. Meet and deal tactfully and effectively with the public. Plan and organize work to meet schedules and deadlines. Maintain confidentiality of sensitive information and data. Work independently with minimal supervision. Understand and carry out oral and written directions. Exercise good judgment, flexibility, creativity, and sensitivity in response to changing situations and needs. Communicate cleazly and concisely, both orally and in writing. Establish, maintain and foster positive and harmonious working relationships with those contacted in the course of work. Learn and operate computer aided pro~ertv and evidence inventory system. Minimum Qualifications: Exoerience• Two years of responsible office experience preferably in a police departntent. Traini 3 Equivalent to the completion of the twelfth grade supplemented by training police science or a related field bachelor's de ree from an accredited colleee Or _ _, - Formatted: FonC C6 Times, iz pc universitK with major course work in crime scene investigations or criminal forensics is highly desirable, _..-- oeieaed:.~~ License or Certificate: Possession of, or abllity to obtain, an appropriate, valid driver's license. Special Requirements: Essential dudes require the following physical skilds and work environment: Ability to sit, stand, walk, kneel, crouch, stoop, squat, twist, climb, and lift 50 lbs.; exposure to cold, heat, outdoors, confining work space, chemicals, and explosive materials; ability to travel to different sites and locations. Effective Date: October,.200~ oeletetlaam~ary, teas •^ iw/. STAFF REPORT Recreation and Community Services Department DATE: October 7, 2008 TO: Mayor and City Council FROM: Sara Somogyi, Director of Recreation and Community Services SUBJECT: Recommended Action: Receive and file SUMMARY Staff members from the City of Arcadia and the Arcadia Unified School District have been meeting with LPA, Inc. architectural firm regarding the schematic design for the joint use gymnasium at Dana Middle School, The design will be presented to you this evening. The schematic design will be introduced to the Recreation and Parks Commissioners on October Stn, the Arcadia Unified School District's Board of Education on October 14tH, and the community on October 20tH BACKGROUND In January 2008, the Arcadia Unified School District and the City of Arcadia applied for a grant from the Sate of California for a joint use gymnasium at Dana Middle School. A joint use agreement was also approved in January 2008 by the City of Arcadia and the Arcadia Unified School District as part of the State Grant application process. In August 2008, Arcadia Unified School District and the City of Arcadia learned the project site and the grant were approved by the State. Since that time, staff from the District and the City has been working closely together on the project. DISCUSSION The project consists of a gymnasium with integrated restroom facilities, storage rooms, office space and ancillary spaces. The gymnasium will have (6) basketball hoops and the wood floors will be installed to allow poles to be set up for volleyball, badminton or other net sports. Construction on the project is expected to begin in October 2009, and the estimated completion date of the project is October 2010. FISCAL IMPACT State Joint Use Funds: $1,500,000 City Funds: Not to exceed $2,000,000 District Local Bond Funds, Capital Facilities Funds: Not to exceed $2,000,000 RECOMMENDATION Receive and file APPROVED: ~~,.~.,,--,-~ Donald Penman, City Manager r p/. STAFF REPl7RT Recreation and Community Services Department DATE: October 7. 2008 TO: Mayor and CitSy~Council FROM: Sara Somogyi, birector of Recreation and Community Services SUBJECT: Report, discussion and direction reaardinp 4th of July Fireworks show for vear 2009 and vear 2010 Recommended Action: Provide Direction SUMMARY The Recreation and Community Services Department is requesting direction from the City Council on how to proceed with the 4tn of July event for the year 2009 and 2010. BACKGROUND The City of Arcadia hosted a community event on the 4th of July in 2005. This event took place at Arcadia High School on the main football field area. The bleachers were used for seating as well as the infield. The event included additional booths and activities around the track area. The fireworks were shot off on an adjacent field. The event was well received by the community with approximately 5000 people in attendance. DISCUSSION At this time, the 4tn of July event is scheduled to take place at Arcadia High School in 2009. The staging of the event at the show in 2009 would be planned to be similar to the event in 2005. However, the 2010 event would need to be significantly different. The facility at Arcadia High School will be available in a limited capacity. Construction will be taking place at the high school facility and the school district has confirmed that the bleachers will not be available as they will be under construction. Therefore, the scope of the event will need to be modified. Currently there is $49,000 in a trust fund earmarked for a July 4th event. Sponsorship of about $25,000-$30,000 will need to be obtained in order to conduct an event comparable to the 2005 event. Staff has provided a few options for consideration: a. Plan to operate the event with the trust money of $49,000 and support of $30,000 in sponsorship in 2009. In 2010, plan to do a site evaluation and limit the attendance to what is suitable based on how the construction affects the site. Factors to consider with this option: It will be difficult to project how the construction will affect the operation of the event. (Will it be aesthetically pleasing, will additional fencinglsecurity be necessary, will the site be suitable for a limited audience, etc...) Clearly a July 4"' event in 2010 if held will need to be conducted with a more limited scope. Seating likely would be limited to the infield area and perhaps in the softball area, so attendance may need to be restricted. The budget for the event for 2010 has not yet been determined though it is estimated the event will cost the same amount of money to operate for a mare limited audience. b. Plan to operate the event with the trust money and support of $30,000 in sponsorship in 2009. Postpone the event for 2010 until the construction of the site is complete in 2011. Factors to consider with this option: It is very difficult to try to set a tradition in the community without the consistency of the event from year to year. c. Postpone the event in 2009 and 2010. Plan for the event in 2011 when there would be no interruption with the event and the site. In the meantime, enhance the summer concert series to as an alternative. (Budget will need. to be recommended accordingly). Factors to consider with this option: The City would not provide a July 4`n program to the community for two more years. FISCAL IMPACT In 2005, the cost to operate the 4m of July event was approximately $80,000. The budget for the 2008/09 FY for the 4~n of July event is $49,000 with additional funds needed from sponsorships (approximately $30,000). No budget has been recommended for the event in 2010. Provide direction to staff on how to proceed with planning for the event in 2009 and 2010. APPROVED: ~~ ~~-~-- Donald Penman, City Manager a..,.m.~.^eu~ \ /. STAFF REPORT Development Services Department DATE: October 7. 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director SLK' Philip A. Wray, Deputy Director of Development Services By: Linda Hui, Transportation Services Manager SUBJECT: RESOLUTION NO. 6647 OPPOSING MEASURE R. THE PROPOSED Recommendation: Adopt SUMMARY Measure R is scheduled to be on the November 4, 2008 Los Angeles County ballot for voters' approval. If approved by at least two thirds of the Los Angeles County eligible voters, Measure R would raise the County's transportation funds through a County one- half percent (%%) sales tax increase. In staffs opinion, Measure R does not provide equitable distribution of the funds or adequate safeguards for funding for the Gold Line Foothill Extension. Giving these conditions, attached for the City Council's consideration is Resolution No. 6647 opposing Measure R, the proposed Los Angeles County one- half percent (Ys%) sales tax increase. Staff recommends that the City Council adopt Resolution No. 6647. BACKGROUND The Los Angeles County Metropolitan Transportation Authority (Metro) Board, at its July 24, 2008 meeting, adopted the Traffic Relief and Rail Expansion Ordinance (Ordinance) which authorized a Los Angeles County ballot measure proposing aone-half percent ('/:%) sales tax increase for a period of 30 years. The Ordinance became known as Measure R. If approved by two thirds of the County's eligible voters, it was estimated that Measure R would generate $40 billion in additional transportation funds over a period of 30 years. The crucial part of Measure R is an Expenditure Plan which details specific projects and programs the funds can be used for. At the same meeting, the Metro Board voted to reject an advancement of $80 million in local funding for the Gold Line to leverage federal funds. Also, at an earlier meeting, the Metro Board refused to include the Gold Line Foothill Extension project in the 2008 Long Range Transportation Plan. Staff Report October 7, 2008 Page 2 DISCUSSION The San Gabriel Valley, with a population of two million residents, is a vital region in Los Angeles County that experiences a large burden of traffic resulting from commuters to and from employment centers in the San Gabriel Valley and beyond. Much improvement to the transportation system in the Vailey is urgently needed. Among many improvements, the planned Gold Line Foothill Extension to Montclair is an essential solution to congestion and air pollution problems, and the project is ready for construction as soon as funds become available. Although Measure R would generate significant funds, for the County's transportation system, it lacks essential provisions. First, Measure R does not provide an Expenditure Plan that is equitable across all sub-regions of the County, especially the San Gabriel Valley. Second, it does not provide any provisions to address the reallocation of funds that could result from projects that are later deemed unfeasible. In addition, Measure R does not provide adequate safeguards or a time table to secure funding for the Gold Line Foothill Extension. With atwo-thirds vote, the Metro Board can change funding amounts or the established time line of any project for any purpose. FISCAL IMPACT Staff does not anticipate any immediate fiscal impact. RECOMMENDATION It is recommended that the City Council adopt Resolution 6647 opposing Measure R, the proposed Los Angeles County Metropolitan Transportation Authority one-half percent (%%) sales tax increase. Approved: .~ ~~ ~~-+~-+~-~a.~ Donald Penman, City Manager Attachment: Resolution 6647 RESOLUTION NO. 6647 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, OPPOSING MEASURE R, THE PROPOSED LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY ONE- HALF PERCENT (''/z%) SALES TAX INCREASE WHEREAS, on July 24, 2008, the Los Angeles County Metropolitan Transportation Authority (Metro) approved an ordinance for aone-half percent ('/z%) sales tax increase to be placed on the November 4, 2008 ballot for consideration by the voters of Los Angeles County; and Whereas, Measure R calls fora 30-year countywide increase of one-half percent (''/z%) in the sales tax that is expected to generate approximately $40 billion in sales tax revenue for transportation projects, transit operations, and -maintenance; and WHEREAS, the San Gabriel Valley, with a population of two million residents, is a vital region in Los Angeles County that experiences a large burden of traffic resulting from commuters to and from employment centers in the San Gabriel Valley and beyond; and WHEREAS, Measure R is scheduled to be on the November 4, 2008 Los Angeles County ballot; and WHEREAS, if approved by two thirds of the Los Angles County eligible voters, Measure R would increase the Los Angeles County sales tax by one-half of one percent (1/z%) to raise additional County transportation funds; and WHEREAS, Measure R as it is written does not provide an expenditure plan that is equitable across all sub-regions, especially the San Gabriel Valley; and WHEREAS, Measure R as it is written does not provide adequate safeguards or a time table to secure funding for the Gold Line Foothill Extension. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION I. The City of Arcadia hereby expresses its opposition to Measure R, the proposed Los Angeles County Metropolitan Transportation Authority one-half percent (I/z%) sales tax increase, which is scheduled to be on the November 4, 2008 Los Angeles County ballot. SECTION 2. The City Clerk shall certify to the adoption of this Resolution. [SIGNATURES ON NEXT PAGE] 2 Passed, approved and adopted this day of 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: ~ A Stephen P. Deitsch City Attorney 3