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Home My WebLink AboutOctober 21, 2008°FP CITY OF ARCADIA 00 CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING h@ aalry of 8aeo TUESDAY, OCTOBER 21, 2008 AGENDA 6:00 p.m. Location: City Council Chamber Conference Room, 240 W. Huntington Drive CALL TO ORDER ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: 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 STUDY SESSION /CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council /Redevelopment Agency during the Public Comments period is asked to complete a "Public Comments" card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk /Agency Secretary prior to the start of the Closed Session /Study Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council /Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. CLOSED SESSION a. Pursuant to Government Code Section 54956.8 conference with real property negotiators. Property Winnie Way Park (509 Winnie Way) City Negotiators City Manager and Assistant City Manager /Public Works Services Director Negotiating Parties City of Arcadia and Benson Tse (Property Owner) Under Negotiation Price and Terms of Payment STUDY SESSION Report, discussion and direction regarding regulation of massage uses and enforcement of massage therapist regulations. Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. 7:00 p.m., City Council Chamber RECONVENE CITY COUNCIL /REDEVELOPMENT AGENCY MEETING TO OPEN SESSION CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE Sara Somogyi, Director of Recreation and Community Services ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS: Amundson, Chandler, Kovacic, Wuo and Harbicht REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON STUDY SESSION /CLOSED 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 by City of Monrovia Mayor Rob Hammond in appreciation of Arcadia Police Department assistance with Monrovia gang violence issues. b. Presentation of a Proclamation Designating the months of October and November 2008 as White Cane Days. 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. Adopt an Interim Urgency Ordinance No. 2249 enacted pursuant to Government Code Section 65858 extending Interim Urgency Ordinance No. 2248 for an dispensaries. Recommended Action: Adopt 0 Recommended Action: Discuss and provide direction Any writings or documents provided to a majority or the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W Huntington Drive, Arcadia, California, during normal business hours. C. (APPEAL WITHDRAWN BY APPLICANT) Consideration of an appeal of subdivide and develop an approximately 83 -acre property generally located north of the terminus of Vista Avenue and north and northwest of Canyon Road. PUBLIC COMMENTS (5 minutes per person) Any person wishing to address the City Council /Redevelopment Agency during the Public Comments period is asked to complete a "Public Comments' card available in the Council Chamber Lobby. The completed form should be submitted to the City Clerk /Agency Secretary prior to the start of the 7:00 p.m. Open Session. In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All comments are to be directed to the City Council /Redevelopment Agency and we ask that proper decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment Agency from discussing topics or issues unless they appear on the posted Agenda. REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK 2. CONSENT CALENDAR All matters listed under the Consent Calendar are considered to be routine and can be acted on by one roll call vote. There will be no separate discussion of these items unless members of the City Council /Redevelopment Agency request specific items be removed from the Consent Calendar for separate action. REDEVELOPMENT AGENCY ITEMS: a. Approve the Regular Meeting Minutes of October 7. 2008. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Regular Meeting Minutes of October 7. 2008. Recommended Action: Approve C. Authorize the City Manager to execute a one (1) year contract extension with Recommended Action: Approve 51 e. Any writings or documents provided to a majority or the City Council regarding any item on this agenda will be made available for public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours. Recommended Action: Approve Recommended Action: Approve Adopt Resolution No. 6646 denving an appeal of the Business License Review Recommended Action: Approve g. Approve a salary range adiustment for Assistant City Manager /Public Works Services Director. Recommended Action: Approve 3. CITY MANAGER a. Arcadia Par 3 Golf Course. Recommended Action: Approve a Southern California. Recommended Action: Adopt C. Adopt Interim Urgency Ordinance No. 2250 establishing a moratorium on the establishment of massage therapy businesses pursuant to Government Code Section 65858. Recommended Action: Adopt ADJOURNMENT The City Council /Redevelopment Agency will adjourn this meeting to October 29, 2008, at 8:00 a.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia in order to meet with Los Angeles County Supervisor Michael Antonovich. 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, California, during normal business hours. STAFF REPORT Office of the City Attoiney DATE: October 21, 2008 TO: Honorable Mayor and City Council Members FROM: Stephen P. Deitsch, City Attorne �'^�°` n 124 Robert Sanderson, Police Chief'x {ti ' - X� Prepared by: Lisa Mussenden, Chief Deputy City Clerk/Records Manager SUBJECT: INTERIM URGENCY ORDINANCE NO. 2249 ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING INTERIM URGENCY ORDINANCE NO. 2248 FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS AND CONTINUING FOR THIS PERIOD THE TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES RECOMMENDED ACTION: Adopt SUMMARY At its regular meeting of September 16, 2008, the City Council adopted Interim Urgency Ordinance No. 2248 which established an initial 45 day moratorium on the establishment of medical marijuana dispensaries in the City of Arcadia. Pursuant to Government Code Section 65858, the City Council may extend the interim urgency ordinance for 10 months and 15 days following a noticed public hearing. Alternatively, the adoption of this Interim Urgency Ordinance any extension requires a four -fifths (4/5) vote by the City Council. Government Code Section 65858(D) requires that 10 days prior to the expiration (October 31, 2008) of Interim Urgency Ordinance No. 2248 a written report describing the measures taken to alleviate the condition which led to the adoption of the Interim Urgency Ordinance is required. This staff report shall serve as that written report. DISCUSSION Since the adoption of Interim Urgency Ordinance No. 2248, the City has begun the process for studying the proper placement of medical marijuana dispensaries. As the City is presently embarking upon a comprehensive update of its General Plan, the City . would be reasonably justified in extending Interim Urgency Ordinance No. 2248 for an additional 10 months and 15 days on the establishment of medical marijuana Page 1 of 2 dispensaries until such time as the impacts of such establishments can be fully . assessed and until Staff can properly integrate the zoning of such establishments into the City's overall update of the General Plan. Additional time is also needed to assess the impact of the Supreme Court's Raich decision. While the U.S. Supreme Court's decision makes it very risky for anyone to exercise their rights under the Compassionate Use Act ( "Act "), the ruling does not necessarily invalidate the Act, leaving room for claims against the City should an application be denied in a seemingly arbitrary manner. Accordingly, caution dictates that the City extend the current moratorium to eliminate such concerns altogether until all the proper studies and analyses can be completed and until the implications of the Raich decision can be more fully understood. FISCAL IMPACT There is no fiscal impact associated with extending this Interim Urgency Ordinance. RECOMMENDED ACTION That the City Council adopt the attached Interim Urgency Ordinance No. 2249 enacted pursuant to Government Code Section 65858 extending Interim Urgency Ordinance No. 2248 for an additional 10 months and 15 days and continuing for this period the temporary moratorium on the establishment and operation of medical marijuana dispensaries. APPROVED: Donald Penman City Manager • Page 2 of 2 0 ORDINANCE NO. 2249 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING INTERIM URGENCY ORDINANCE NO. 2248 FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS AND CONTINUING FOR THIS PERIOD THE TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES THE CITY COUNCIL FOR THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The purpose of this Interim Urgency Ordinance is to extend the temporary moratorium on the establishment and operation of medical marijuana dispensaries in the City of Arcadia ( "City"), as currently authorized under Ordinance No. 2248, because the concerns described in Ordinance No. 2248 have not been alleviated. SECTION 2. The City Council enacts this Interim Urgency Ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution, Section 11362.5, et seq. of the California Health & Safety Code, and Section 65858 of the California Government Code. SECTION 3. The City Council of the City of Arcadia hereby finds: r , 1 LJ 1 A. On September 16, 2008, pursuant to Section 65858 of the California • Government Code, after public notice and a public hearing, the City Council of the City of Arcadia ( "City Council') adopted Ordinance No. 2248, an interim urgency ordinance, which temporarily places a moratorium on the establishment and operation of medical marijuana dispensaries in the City. B. Section 65858, subdivision (a) of the California Government Code provides that Ordinance No. 2248 shall expire and be of no further force and effect forty -five (45) days from its date of adoption. C. Section 65858, subdivision (a) of the California Government Code provides that prior to the expiration of Ordinance No. 2248, the City may extend • Ordinance No. 2248 for an additional ten (10) months and fifteen (15) days after giving notice pursuant to Section 65090 of the California Government Code and conducting a public hearing. D. The City Council seeks to extend the temporary moratorium on the establishment and operation of medical marijuana dispensaries, as currently authorized under Ordinance No. 2248, to continue studying possible means of regulating or prohibiting medical marijuana dispensaries, including zoning -based regulations and other regulations to help ensure that medical marijuana 2 0 dispensaries are regulated in a way that protects the community and complies with applicable law. E. The purpose for extending Ordinance No. 2248 is to avoid the potentially significant adverse impacts to the public's health, safety and welfare described in Ordinance No. 2248. F. The City Council has determined there is a need to extend Ordinance No. 2248 for an additional ten (10) months and fifteen (15) days as authorized under Section 65858, subdivision (a) of the California Government Code. G. The notice and public hearing required by Section 65858, subdivision • (a) of the California Government Code for the extension of Ordinance No. 2248 has been provided in accordance with applicable law. SECTION 4. The purpose of this Interim Urgency Ordinance is to extend Ordinance No. 2248 for an additional ten (10) months and fifteen (15) days, which shall have the effect of placing a moratorium on the approval or issuance of any use pennit, variance, building permit, business license or other applicable entitlement for the establishment or operation of a medical marijuana dispensary in the City for the immediate preservation of the public health, safety and welfare. r� L 3 SECTION 5. Adoption of this Interim Urgency Ordinance shall • constitute an extension of Ordinance No. 2248 pursuant to Section 65858 of the California Government Code. SECTION 6. For purposes of this Interim Urgency Ordinance, the terms defined below shall have the following meanings: A. "Medical marijuana dispensary" shall mean any facility or location where a primary caregiver intends to or does make available, sell, transmit, give, or otherwise provide medical marijuana to two or more of the following: a qualified patient, a person with an identification card, or a primary caregiver. B. "Primary caregiver," "qualified patient," and "identification card" 0 shall have the meanings set forth in Health and Safety Code section 11362.7. SECTION 7. The City Council hereby finds and determines that adoption of this Interim Urgency Ordinance and the extension of Ordinance No. 2248 is necessary for the current and irmnediate protection of the public health, safety, and welfare of the City and its residents for all the reasons set forth above, in Ordinance No. 2248, and the agenda report prepared in connection with this Ordinance, which are hereby expressly incorporated as though fully set forth herein, and the following additional reasons: 0 4 • A. The City continues to study the issue of regulation of medical marijuana dispensaries, and has collected studies, reports, and other information from other California cities concerning the effects created by the operation of medical marijuana dispensaries, which have indicated that dispensaries can have negative effects on the surrounding areas if not property regulated. B. Establishment and /or operation of medical marijuana dispensaries under existing zoning and development standards will have a detrimental effect because the existing standards do not consider the unique impacts created by medical marijuana dispensaries, which would create the potential for severe land • use incompatibilities, with associated impacts to adjacent residents and businesses. These adverse impacts on the public health, safety, and welfare can be avoided through careful study and proper planning for the regulation of medical marijuana dispensaries. SECTION 8. The City Council hereby directs the Development Services Department to consider and study possible means of regulating or prohibiting medical marijuana dispensaries, including zoning -based regulations and other regulations. • 5 SECTION 9. The City Council hereby finds that this Interim Urgency • Ordinance is not subject to the California Environmental Quality Act (Pub. Resources Code, Sec. 21000 et seq .) ( "CEQA ") pursuant to Section 15060, subdivision (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and Section 15060, subdivision (c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 10. Ten days prior to the expiration of this Interim Urgency Ordinance, the City Council shall issue a written report describing the measures which the City has taken to alleviate the conditions which led to the adoption of this Ordinance. SECTION 11. If any provision of this Interim Urgency Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Interim Urgency Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this Interim Urgency Ordinance irrespective of the invalidity of any particular portion thereof. 11 • SECTION 12. This Interim Urgency Ordinance shall be adopted by a four - fifths vote of the City Council. Upon adoption, the Mayor shall sign this Ordinance, and the City Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it, or a summary of it, to be published in a newspaper of general circulation. The term of this Ordinance shall be in effect beginning October 31, 2008 for ten (10) months and fifteen (15) days and shall thereafter be of no further force and effect, unless earlier repealed or extended by the City Council as provided for in Government Code Section 65858. Passed, approved and adopted this day of • 11: Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: sq n. i� Stephen P. Deitsch City Attorney is 7 DISCUSSION Tandem Parking With the increased parking requirements proposed through this amendment, it may be difficult for smaller lots to provide the required garage spaces due to physical constraints, such as lot width or size, and Code limitations, such as the maximum allowed width of garage openings facing a street, which is 16' -0" if the lot is less than 100 feet wide. Therefore, for smaller lots, tandem parking is an option that should be considered. If tandem parking is to be allowed, staff suggests that the following text be included in the single - family parking regulations: "On properties having a lot area of less than 10,000 square feet and a width of less than 75 feet, the required parking spaces in excess of two (2) may be provided in a tandem format." Although a provision to allow tandem parking could be beneficial for development on smaller lots, there are potential drawbacks and consequences to them. Because tandem spaces are difficult to access, they may more likely be used for storage, or may discourage parking in the garage to avoid being blocked by another car. Additionally, tandem parking will still require increased building area that is devoted to garage space. Definitions of a "Bedroom" As mentioned in the previous staff report, it is staffs experience that many new houses include ancillary rooms such as a library, theater, office, tea room, etc. If the number of required parking spaces is to be based on the number of bedrooms, it is important to have a strict definition of a "bedroom" to clearly differentiate those rooms that could be used as a bedroom from those that could not. The initial proposal was carried over from the City's current multiple - family residential regulations: "For the purposes of this Section, every room in a dwelling unit other than a kitchen, a dining room immediately adjacent to a kitchen, a living room, and a bathroom shall be deemed to be a bedroom whether so designated or not." Staff has reviewed other definitions and provides the following three (3) options for consideration: Option #1 — Adds a provision to the initial proposal to exclude a family room from being counted as a bedroom: "For the purposes of this Section, every room in a dwelling unit other than a kitchen, a dining room immediately adjacent to a kitchen, a living room, a family room and bathrooms shall be deemed to be bedrooms whether so designated or not." This option makes every room that is not expressly excluded a bedroom, and could be strictly interpreted to require parking for large closets, sitting rooms and dressing rooms TA 08 -03 — Continued October 21, 2008 Page 2 of 4 that may truly be incidental to a bedroom. In staffs opinion, inclusion of such spaces as bedrooms to require additional parking would be inappropriate. Option #2 — Use the Los Angeles County Assessor's definition, which states that a bedroom is a room with a closet: "For the purposes of this Section, a bedroom is a room with a built -in closet." This option is least inclusive and is insufficient in staffs opinion because there are many free - standing closets or other storage options available. A closet is not necessary for a room to be used as a bedroom. Option #3 — This definition is based on the City of San Diego's Municipal Code, which states the following: "A bedroom means an enclosed space within a dwelling unit that is designed or could be used for sleeping and has a permanent door permitting complete closure and separation from all kitchen, living room and hallway areas. A room or other enclosed space is not considered a bedroom if it is the sole access to another bedroom." Staff has modified this definition to eliminate the need for a door, which could easily be added or removed, and to add language that excludes rooms that are at least fifty - percent (50 %) open on one side. Staff's proposal reads as follows: "For the purposes of this Section, a bedroom is an enclosed space within a dwelling unit that is designed or could be used for sleeping and permits complete closure and separation from all kitchen, living room and hallway areas. A room or other enclosed space is not considered a bedroom if it is the sole access to another bedroom, or is at least fifty- percent (50 %) open on one side." Staff recommends Option #3 because it is readily applicable, and excludes the basic common rooms and those areas that are open to common areas, as well as other areas that are clearly not a bedroom, such as a sitting room that must be passed through to access a bedroom. But, it includes independent rooms that do not have built -in closets. Compliance Requirements The current Code requires all new construction and "rebuilds "' to comply with the parking regulations. Compliance with the new parking requirements would not be required for REBUILD, as applied to an existing building, is where more than fifty percent (50 %) of the exterior wails of a building are removed, repaired or altered, excluding the interior wall coverings. Existing buildings that are classified as a rebuild shall comply with all current City zoning, building and fire regulations and pay building permit fees for a new structure. TA 08 -03 — Continued October 21, 2008 Page 3 of 4 projects qualifying as a "remodel As long as an addition retains fifty - percent (50 %) or more of the existing exterior walls without alteration, no additional parking would be required regardless of how many bedrooms are ultimately provided. The City Council may wish, however, to consider a provision in the Code to require compliance with the new parking requirements if a "remodel" project increases the number of bedrooms based on the new definition. PLANNING COMMISSION ACTION The Planning Commission, at their August 26, 2008 meeting considered the initially proposed text amendments, and voted 3 -0 with two members absent to recommend approval. ENVIRONMENTAL ANALYSIS The proposed text amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines: There is no possibility that the text amendment, by itself, will have a significant effect on the environment. RECOMMENDATION That the City Council discuss Text Amendment No. TA 08 -03 and provide direction for staff. If the Council determines and directs staff that the public necessity, convenience, general welfare or good planning practice justifies an amendment to the single- family residential parking regulations, the Council should continue the public hearing and staff will redraft the ordinance for introduction, incorporating the Council's decision and directives. Approved: ! Pcyx , � Donald Penman, City Manager Attachments: September 16, 2008 Staff Report Exhibits A, B & C — Revised texts Preliminary Exemption Assessment Draft Ordinance No. 2247 Excerpt from September 16, 2008 Minutes Comment Email from Mr. Dean Radle Dated September 27, 2008 Z REMODEL, is an alteration to an existing building where not more than fifty percent (50 %) of the exterior walls of a building are removed, repaired or altered, excluding the interior finish wall coverings. TA 08 -03 — Continued October 21, 2008 Page 4 of 4 A P I- P September 16, 2008 TO: Mayor and City Council STAFF REPORT Development Services Department FROM: Jason Kruckeberg, Development Services Director SLIC By: Jim Kasama, Community Development Administrator Prepared by: Thomas P. Li, Associate Planner SUBJECT: Consideration of Text Amendment No. TA 08 -03 to amend the single - family residential garage parking requirements. Recommended action: Approval by introducing the following Ordinance: Ordinance No. 2247 — An Ordinance of the City Council of the City of Arcadia, California, approving Text Amendment No. TA 08 -03 to amend Chapter 2 of Article IX (Zoning Regulations) of the Arcadia Municipal Code. SUMMARY The Arcadia City Council expressed concern that the current single - family garage parking requirements are inadequate for the large homes that are being built. For example, under the current Code, a 6,000 sq.ft. dwelling unit with 9 bedrooms is required to have only three (3) garage parking spaces. This causes concern because inadequate parking results in numerous vehicles being parked in the driveway or on the street. Staff is proposing this text amendment to address the Council's concern. The Code currently requires a two -car garage for new or rebuilt single - family dwellings with up to four (4) bedrooms. Those with five (5) or more bedrooms are required to provide a three -car garage. A three -car garage is the most that is required regardless of the number of bedrooms or the total square footage of the house. Furthermore, there is no definition as to what constitutes a bedroom. This Text Amendment proposes to increase the garage parking requirements based on the number of bedrooms, and provides a definition of a bedroom for the purpose of calculating the parking requirement. DISCUSSION The proposed text for the R -M, R -0, and R -1 single - family zones is shown in Exhibits A, B, and C, respectively. The proposed language sets forth new requirements for garage parking in these single - family zones. The amendments increase the number of required garage parking spaces for new or rebuilt single - family residences based on the number of bedrooms, and include a definition of what rooms are counted as bedrooms for the purpose of calculating the parking requirement. The existing text to remain is shown in normal type, the new language appears in italicized -red, and deletions are shown as strikeouts. With its last update in 1988, the parking requirements in the R -M zone are inadequate and outdated compared to the other single- family zones. This text amendment includes the replacement of the current R -M parking regulations with the proposed new language so that it is consistent with the R -0 and R -1 zones. The proposed amendment requires garage parking to be provided at a rate of one (1) space for every two (2) bedrooms in the main dwelling, with a minimum of two (2) spaces required. Calculations resulting in half a space are to be rounded up to the next whole number. For example, a new development with nine (9) bedrooms would be required to provide five (5) spaces: 9 divided by 2 equals 4.5, which rounds up to 5. Many new houses include ancillary rooms such as a library, theater, office, tea room, etc. In most cases, these rooms can be used as bedrooms. Therefore, it is proposed that the following definition of a bedroom be carried over from the multiple - family residential regulations: "For the purposes of this Section, every room in a dwelling unit other than a kitchen, a dining room immediately adjacent to a kitchen, a living room, and a bathroom shall be deemed to be a bedroom whether so designated or not." To encourage residents to use the garage for parking, the amendments include a requirement that the garage parking spaces have minimum clear interior dimensions of ten feet (10') wide by twenty feet (20') long, and are to remain free of obstructions. From a regulation standpoint, in staffs opinion the proposed Text Amendment will address the inadequacies of the single - family garage parking requirements. However, this amendment does not address how residents actually utilize their covered parking. The issue is complicated by the fact that many residents simply do not utilize their garage for parking, regardless of the number of covered spaces they have. Ensuring that residents utilize their garage spaces for parking is an enforcement issue that could be very staff intensive. In addition, the additional parking spaces required will likely lead TA 08 -03 September 16, 2008 Page 2 of 3 to increases in lot coverage on individual lots. This garage space is counted toward lot coverage and in some cases may replace or exclude living area on a lot. PLANNING COMMISSION ACTION The Planning Commission, at their August 26, 2008 meeting considered the proposed text amendments, and voted 3 -0 with two members absent to recommend approval. ENVIRONMENTAL ANALYSIS The proposed text amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15061(b)(3) of the CEQA Guidelines: There is no possibility that the text amendment, by itself, will have a significant effect on the environment. RECOMMENDATION That the City Council approve Text Amendment No. TA 08 -03 by introducing the attached Ordinance No. 2247. Approved: Donald Penman, City Manager Attachments: Exhibit A — Proposed R -M Amendments Exhibit B — Proposed R -0 Amendments Exhibit C — Proposed R -1 Amendments Preliminary Exemption Assessment Ordinance No. 2247 TA 08 -03 September 16, 2008 Page 3 of 3 Exhibit A R -M 9250.3.6. PARKING. A feet by twenty (29) feet eaGh with adequate indMdual aGGess shall, be pr;evided fi�.r Ranh dwelling unk. 13., A gaFage OF raFPeF1 epeRing diFeGtly UPGR a side street shall be len-ated R.At WAR thap. G. The Fequ'Fed 9ff 6#98t park'Rg aFea 6hall be payed. (AFneRded by QFd. 1884 adapted 4-586) Parking within an enclosed garage shall be provided on the same site as the main dwelling at a rate of one (1) space for every two (2) bedrooms in the main dwelling with a minimum of two (2) spaces required. Calculations resulting in half a space shall be rounded up to the next whole number. Each required parking space shall have minimum clear interior dimensions of ten feet (10) wide by twenty feet (20) long, and shall remain free of obstructions. For the purposes of this Section, every room in a dwelling unit other than a kitchen, a dining room immediately adjacent to a kitchen, a living room, and a bathroom shall be deemed to be a bedroom whether so designated or not. All required parking spaces shall have adequate individual access and safe ingress and egress shall be provided for all parking spaces by a twenty -five (25) foot turning radius and /or a minimum of twenty -five (25) feet of clear back out space directly adjacent to said parking space or no portion of any, building or structure shall encroach through a plane projected from an angle of seventy -five (75) degrees as measured from the garage door or carport opening. Each such required parking space shall be in a garage located back of the required front yard and shall be served by a driveway in accordance with Section 9250.3.7 of the Arcadia Municipal Code. On lots less than one hundred (100) feet in width there shall be no more than sixteen (16) linear feet of garage openings facing the front and /or street side yard areas. On lots one hundred (100) feet or greater in width there shall be no more than twenty-four (24) linear feet of garage openings facing the front and /or street side yard areas. Below grade or subterranean parking spaces shall not be permitted. Exception: The Planning Commission or the City Council (upon appeal) pursuant to the modification regulations may grant a modification to allow below grade or subterranean parking space(s). This exception is subject to the condition that not more than one (1) story shall be permitted directly above said parking with its height not exceeding the applicable regulation when measured from the finished floor level of the garage. Exhibit A Exhibit B R-0 9251.2.6. PARKING. Parking within an enclosed garage shall be provided on the same site as the main dwelling at a rate of one (1) space for every two (2) bedrooms in the main dwelling with a minimum of two (2) spaces required. Calculations resulting in half a space shall be rounded up to the next whole number. There shall he not less than twe (2) paFking Each required parking space shall have minimum clear interior dimensions of ten feet (10) wide by twenty feet (20) long, and shall remain free of obstructions. be -RQ-t 'RAF; thRR t9R (19) feet W i de, ROF 1 966 thaA tWORty (2Q) fee le%• For the purposes of this Section, every room in a dwelling unit other than a kitchen, a dining room immediately adjacent to a kitchen, a living room, and a bathroom shall be deemed to be a bedroom whether so designated or not All required parking spaces shall have adequate individual access and safe ingress and egress shall be provided for all parking spaces by a twenty -five (25) foot turning radius and/or a minimum of twenty -five (25) feet of clear back out space directly adjacent to said parking space or no portion of any building or structure shall encroach through a plane projected from an angle of seventy -five (75) degrees as measured from the garage door or carport opening. Each such required parking space shall be in a garage located back of the required front yard and shall be served by a driveway Rat 1 966 than Rine (9) feet in wid-th. .4. mraag i nteRded- fa—r vehln-ular use shall be payed with asphal in accordance with Sections 9251.2.6.1 and 9251.2.6.2 of the Arcadia Municipal Code. On lots less than one hundred (100) feet in width there shalt be no more than sixteen (16) linear feet of garage openings facing the front and/or street side yard areas. On lots one hundred (100) feet or greater in width there shall be no more than twenty -four (24) linear feet of garage openings facing the front and /or street side yard areas. Below grade or subterranean parking spaces shall not be permitted. Exception: The Planning Commission or the City Council (upon appeal) pursuant to the modification regulations may grant a modification to allow below grade or subterranean parking space(s). This exception is subject to the condition that not more than one (1) story shall be permitted directly above said parking with its height not exceeding the applicable regulation when measured from the finished floor level of the garage. Exhibit B Exhibit C R -1 9252.2.6. PARKING. Parking within an enclosed garage shall be provided on the same site as the main dwelling at a rate of one (1) space for every two (2) bedrooms in the main dwelling with a minimum of two (2) spaces required. Calculations resulting in half a space shall be rounded up to the next whole number. TheFe shall be not less than twe (21) PaF'(eF;g Each s6tGh required parking space shall have minimum clear interior dimensions of ten feet (10) wide by twenty feet (20) long, and shall remain free of obstructions. 1zOT feet 1 O^S ' For the purposes of this Section, every room in a dwelling unit other than a kitchen, a dining room immediately adjacent to a kitchen, a living room, and a bathroom shall be deemed to be a bedroom whether so designated or not. All required parking spaces shall have adequate individual access and safe ingress and egress shall be provided for all parking spaces by a twenty -five (25) foot turning radius and /or a minimum of twenty -five (25) feet of clear back out space directly adjacent to said parking space or no portion of any building or structure shall encroach through a plane projected from an angle of seventy -five (75) degrees as, measured from the garage door or carport opening. Each such required parking space shall be in a garage located back of the required front yard and shall be served by a driveway aet1e66 thaw nine (9) feet in width. All aFeas iRteRded farve-hirular use shall be payed with asphal in accordance with Sections 9252.2.6.1 and 9252.2.6.2 of the Arcadia Municipal Code. On lots less than one hundred (100) feet in width there shall be no more than sixteen (16) linear feet of,garage openings facing the front and/or street side yard areas. On lots one hundred (100) feet or greater in width there shall be no more than twenty -four (24) linear feet of garage openings facing the front and/or street side yard areas. Below grade or subterranean parking spaces shall not be permitted. Exception: The Planning Commission or the City Council (upon appeal) pursuant to the modification regulations may grant a modification to allow below grade or subterranean parking space(s). This exception is. subject to the condition that not more than one (1) story shall be- permitted directly, above said parking with its height not exceeding the applicable regulation when measured from the finished floor level of the garage. Exhibit C (R PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination when attached to Notice of Exemption) Name or description of project: Text Amendment No. TA 08 -03 to revise the single - family residential garage parking requirements Location: Single - family residential zones Entity or person undertaking project: 0 X B. Other (1) Name: City of Arcadia (2) Address: 240 W. Huntington Drive, Arcadia, CA 91007 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: a. The proposed action does not constitute a project under CEQA. b. The project is a Ministerial Project. C. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. X The project is categorically exempt. Applicable Exemption Class: 15061(b)(3) f. The project is statutorily exempt. Applicable Exemption: g. X The project is otherwise exempt on the following basis: There is no Possibility that the text amendment, by itself, will have a significant effect on the environment h. The project involves another public agency which constitutes the Lead Agency: Name of Lead Agency Date: August 13, 2008 Thomas P. Li, Associate Planner Staff 7/02 ORDINANCE NO. 2247 D M I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTIONS 9250.3.6, 9251.2.6, AND 9252.2.6 OF THE ARCADIA MUNICIPAL CODE REGARDING SINGLE - FAMILY RESIDENTIAL GARAGE PARKING REQUIREMENTS THE CITY COUNCIL FOR THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9250.3.6 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9250.3.6. PARKING. Parking within an enclosed garage shall be provided on the same site as the main dwelling at a rate of one (1) space for every two (2) bedrooms in the main dwelling with a minimum of two (2) spaces required. Calculations resulting in half a space .shall be rounded up to the next whole number. Each required parking space shall have minimum clear interior dimensions of ten feet (10') wide by twenty feet (20') long, and shall remain free of obstructions. For the purposes of this Section, every room in a dwelling unit other than a kitchen, a dining room immediately adjacent to a kitchen, a living room, and a bathroom shall be deemed to be a bedroom whether so designated or not. All required parking spaces shall have adequate individual access and safe ingress and egress shall be provided for all parking spaces by a twenty-five (25) fiT 1 D M 1!'1J � V 2247 CRAFT foot turning radius and/or a minimum of twenty -five (25) feet of clear back out space directly adjacent to said parking space or no portion of any building or structure shall encroach through a plane projected from an angle of seventy-five (75) degrees as measured from the garage door or carport opening. Each such required parking space shall be in a garage located back of the required front yard and shall be served by a driveway in accordance with Section 9250.3.7 of the Arcadia Municipal Code. On lots less than one hundred (100) feet in width there shall be no more than sixteen (16) linear feet of garage openings facing the front and/or street side yard areas. On lots one hundred (100) feet or greater in width there shall be no more than twenty-four (24) linear feet of garage openings facing the front and/or street side yard areas. Below grade or subterranean parking spaces shall not be permitted. Exception: The Planning Commission or the City Council (upon appeal) pursuant to the modification regulations may grant a modification to allow below grade or subterranean parking space(s). This exception is subject to the condition that not more than one (1) story shall be permitted directly above said parking with its height not exceeding the applicable regulation when measured from the finished floor level of the garage." SECTION 2. Section 9251.2.6 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: MMI�V 2 2247 MMa� "9251.2.6. PARKING. Parking within an enclosed garage shall be provided on the same site as the main dwelling at a rate of one (1) space for every two (2) bedrooms in the main dwelling with a minimum of two (2) spaces required. Calculations resulting in half a space shall be rounded up to the next whole number. Each required parking space shall have minimum clear interior dimensions of ten feet (10') wide by twenty feet (20') long, and shall remain free of obstructions. For the purposes of this Section, every room in a dwelling unit other than a kitchen, a dining room immediately adjacent to a kitchen, a living room, and a bathroom shall be deemed to be a bedroom whether so designated or not. All required parking spaces shall have adequate individual access and safe ingress and egress shall be provided for all parking spaces by a twenty-five (25) foot turning radius and/or a minimum of twenty-five (25) feet of clear back out space directly adjacent to said parking space or no portion of any building or structure shall encroach through a plane projected from an angle of seventy-five (75) degrees as measured from the garage door or carport opening. Each such required parking space shall be in a garage located back of the required front yard and shall be served by a driveway in accordance with Section 9250.3.7 of the Arcadia Municipal Code. DRAFT 3 2247 ©MI�V On lots less than one hundred (100) feet in width there shall be no more than sixteen (16) linear feet of garage openings facing the front and/or street side yard areas. On lots one hundred (100) feet or greater in width there shall be no more than twenty-four (24) linear feet of garage openings facing the front and/or street side yard areas. Below grade or subterranean parking spaces shall not be permitted. Exception: The Planning Commission or the City Council (upon appeal) pursuant to the modification regulations may grant a modification to allow below grade or subterranean parking space(s). This exception is subject to the condition that not more than one (1) story shall be permitted directly above said parking with its height not exceeding the applicable regulation when measured from the finished floor level of the garage." SECTION 3. Section 9252.2.6 of the Arcadia Municipal Code is hereby amended in its entirety to read as follows: "9252.2.6. PARKING. Parking within an enclosed garage shall be provided on the same site as the main dwelling at a rate of one (1) space for every two (2) bedrooms in the main dwelling with a minimum of two (2) spaces required. Calculations resulting in half a space shall be rounded up to the next whole number. Each required parking space shall have minimum clear interior dimensions of ten feet (10') wide by twenty feet (20') long, and shall remain free of obstructions. q D N - _ � � 2247 MNa�� For the purposes of this Section, every room in a dwelling unit other than a kitchen, a dining room immediately adjacent to a kitchen, a living room, and a bathroom shall be deemed to be a bedroom whether so designated or not. All required parking spaces shall have adequate individual access and safe ingress and egress shall be provided for all parking spaces by a twenty-five (25) foot turning radius and/or a minimum of twenty -five (25) feet of clear back out space directly adjacent to said parking space or no portion of any building or structure shall encroach through a plane projected from an angle of seventy-five (75) degrees as measured from the garage door or carport opening. Each such required parking space shall be in a garage located back of the required front yard and shall be served by a driveway in accordance with Section 9250.3.7 of the Arcadia Municipal Code. On lots less than one hundred (100) feet in width there shall be no more than sixteen (16) linear feet of garage openings facing the front and/or street side yard areas. On lots one hundred (100) feet or greater in width there shall be no more than twenty-four (24) linear feet of garage openings facing the front and /or street side yard areas. Below grade or subterranean parking spaces shall not be permitted. Exception: The Planning Commission or the City Council (upon appeal) pursuant to the modification regulations may grant a modification to allow below grade or subterranean parking space(s). This exception is subject to the condition 5 D U u I LI � 2247 DRAFT that not more than one (1) story shall be permitted directly above said parking with its height not exceeding the applicable regulation when measured from the finished floor level of the garage." SECTION 4. The City Cleric shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved, and adopted this day 11: Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Q6gL . P rC7l� Stephen P. Deitsch City Attorney M M L � � DG a�� 2247 C. 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. 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 staffs 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, Architect/Designer 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 Tern 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 Excerpt — Minutes of Sept. 16, 2008 City Council Meeting From: DEAN RADLE [mailto:dnlradle @pacbell.net] Sent: Saturday, September 27, 2008 10:34 PM To: harbicht @verizon.net; City Council Email; peter @keeparcadiagreat.com; gkovacic @swdlaw.net Subject: Sept 16, 2008 City Council meeting (garage parking) I was just watching the City channel on cable TV wx.t. an issue brought to the council regarding garage parking. I believe the City needs to take a different approach to the concern that there are not enough parking spaces for the homes within Arcadia. Specifically, I have the following recommendation relative to the number of parking spaces, size of the parking space, size of the garage door opening, and parking permits: 1. The number of parking spaces should be based solely on the number of bedrooms (as recorded by the Assessor' office). The minimum number of parking spaces should be as follows: 2 bedrooms or less (2 spaces); 3 to 4 bedrooms (3 spaces); 5 to 6 bedrooms (4 spaces); 7 to 8 bedrooms (5 spaces); etc... The premise is that 2 bedrooms may typically have 2 residents that drive (an additional 3rd driver would park on the driveway); 3 to 4 bedrooms may typically have 3 residents that drive (an additional 4th and 5th driver would park on the driveway); 5 to 6 bedrooms may typically have 4 residents that drive (an additional 5th, 6th, and 7th driver would park on the driveway). 2. My current garage parking space is 9.5 'x20'. I currently own a a sedan and a van. The clearance between my vehicles as well as the clearance in front, on the side, and in the back is tight considering that I also have a narrow tool rack mounted on the wall. The City's recommendation is 10'x20' for each parking space. Based upon the size of the larger vehicles that exist in today's auto market, I recommend that the size for each parking space be 11'x22 '. 3. The garage door opening size recommended by the city is 16' or 24' based upon the lot frontage. I currently have a 75' frontage that includes a 16' wide garage adjoining another 8' wide garage. Based upon the size of the larger vehicles that exist in today's auto market, I recommend that the size for each garage door opening be as follows: (single garage) increase from 8'Wx7H to 9'Wx8'H door; and (double garage) increase from 16 "Wx7 "H to 18'Wx8'H. 4. Parking permits should be issued or denied based upon the following criteria: one maximum permanent parking permit for a 2 bedroom home with 2 cars in the garage and one car in the driveway; one maximum permanent parking permit issued for a 3 bedroom home with 3 cars required to be located in the garage and 2 cars required to be located in the driveway; two maximum permanent parking permits issued for a 4 bedroom home with 3 cars required to be located in the garage and 2 cars required to be located in the driveway; three maximum permanent parking permits issued for a 5 bedroom with 4 cars required to be located in the garage and 3 cars required to be located in the driveway; etc... Issuance of a permanent parking permit would not be granted under any circumstance if any of the existing parking spaces were determined by a site inspection to be non - operational (e.g. garage is currently being used to store boxes, etc...). Since I have moved to Arcadia in 2000, I have noticed that there are more cars parking on the streets in my neighborhood each year. The larger houses have resulted in more people living in the homes (e.g. multi families) than what those homes were intended to occupy. Thus, I recommend the City Council adopt the changes that are enumerated above to address the fact that current homes being built are not being required to (1) have enough parking spaces, (2) include parking spaces that accommodate larger size vehicles, and (3) include garage door opening dimensions that accommodate larger size vehicles. If the aforomentioned guidelines are adopted, the City will hopefully see a reduction in the number of vehicles currently parked on our City streets. i MEMORANDUM Development Services Department October 21, 2008 TO: Mayor and City Council FROM: SUBJECT: Tentative Parcel Map No. TPM 07 -05 (69775), Residential Mountainous Development Permit No. RM 07 -01, and Oak Tree Permit No. TR 08 -04 were submitted by Nevis Homes to subdivide an 83.15 - acre undeveloped property generally located north of the terminus of Vista Avenue and north and northwest of Canyon Road into three parcels. Parcels 1 and 2 (totaling 2.82 acres in area) would be developed with new single - family residences, while parcel 3 (the remaining 80.33 acres) would remain undeveloped. Implementation of the project would require removal of or encroachment upon 12 oak trees. On its regular meeting of August 12, 2008, the Planning Commission voted 4 -0, with one member absent, to conditionally approve the subject applications. On August 26, 2008, the Planning Commission adopted Resolution No. 1776, thereby formally approving the project. On August 27, 2008, Hank Jong of EGL Associates, the applicant's civil engineer, filed an appeal to reconsider mitigation measure 1.5 of the Mitigation Monitoring and Reporting Program (MMRP), which requires a non - refundable deposit of $200,000 to the City to fund the maintenance of parcel 3 in perpetuity. Since that time, the applicant's attorney has submitted a draft maintenance agreement for the City Attorney's review. The agreement, in. its current form, puts the burden of maintaining the 80 acres of open space on the owners of parcels 1 and 2. Although the City Attorney has some concerns about the current version, the attorneys are making progress and may settle on an agreement. As a result, Hank Jong withdrew the appeal on October 9, 2008 (see attachment). The intent is to readdress the maintenance condition before the Planning Commission once the agreement is finalized. Approved: Don Penman, City Manager Attachment: Withdrawal Letter Jason Kruckeberg, Development Services Director >Gx By: Jim Kasama, Community Development Administrator Prepared By: Steven Lee, Assistant Planner A EGL ASSOCIATES 11819 Goldring Rd. #A, Arcadia CA 91005 Ph: 626 - 263 -3566; Fax: 626. 263 -3599; E -n PAGE 1 OF 1 October 9, 2008 City of Arcadia Planning Department 240 W. Huntington Dr, OCT 0 9 2000 Arcadia, CA 91007 Attention: Steven Lee Subject: Tentative Parcel Map No. TPM 07 -05 69775, Residential Mountainous Development Permit No. RM 07 -01, and Oak Tree Permit No. TR 08-04 Dear Mr. Lee, With this letter, we would like to withdraw the 10121/08 appeal for case # TPM 07 -05. The Lot 3 maintenance issue will be discussed during a Planning Commission Hearing. Please contact the undersigned person at 626 - 263 -3588 if you have any comments. Thank you. Sincerely, r \�-- Hank Jong, PE Civil Engineer 50: 0133 CITY COUNCIL /REDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, OCTOBER 7, 2008 CALL TO ORDER Mayor Harbicht called the Special Meeting to order at 5:00 p.m. ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS: PRESENT: Council /Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None STUDY SESSION /CLOSED SESSION PUBLIC COMMENTS (5 minutes per person) None 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 2 d Appellate District Court Case No. B203060). 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 Property Management Inc et al (Real Parties in Interest) (Los Angeles Superior Court Case No. BS108923) and the case of Arcadia First! v. City of Arcadia and Magna Entertainment Corporation (Real 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. Due to lack of time, this item has been continued to October 21, 2008. 10 -07 -2008 50: 0134 b. Report, discussion and direction regarding proposed Redevelopment Agency Tax Allocation Bond issue. Hue Quach, Administrative Services Director provided a three year projection of Agency finances and funds for fiscal years 2008 through 2011 including funds available for projects. He explained the Agency's financial situation without a new bond issue and the Agency's financial situation if bonds are issued, including outstanding liabilities and tax increment revenue. He further provided financial projections with bond proceeds and explained that if there was no bond issue, the Agency's cash flow, after making payments to payback the low and moderate incoming housing fund would be limited making it difficult to pursue high priority projects. Jerry Schwartz, Economic Development Manager provided and discussed general redevelopment projects, public improvements and low and moderate income housing activities that can be started with bond proceeds. He discussed some high priority redevelopment projects from the Agency's Five Year Implementation Plan that was approved in December 2007. He also explained that public improvements can also be funded with general redevelopment monies including bond proceeds if the project is entirely within the project area or if findings can be made that a public improvement outside the project area benefits the project area and noted that 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. It was the consensus of the City Council to move forward with the process issuing new bonds and report back when the market conditions improve. RECONVENE CITY COUNCIL /REDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Harbicht called the Regular Meeting to order in the Council Chamber at 7:00 p.m. INVOCATION Steve Bush from Latter Day Saints PLEDGE OF ALLEGIANCE Amanda and Anna Stone of Highland Oaks Elementary School 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 SESSION /CLOSED SESSION ITEMS City Attorney Steve Deitsch reported that the City Council /Redevelopment Agency met in closed session to consider the 5 items listed on the posted Notice of Special Meeting agenda under closed session, no reportable action was taken. 10 -07 -2008 50: 0135 In addition, Mr. Deitsch reported that a Study Session was scheduled to consider two items. He noted that Item (a) a report regarding regulations of massage uses and enforcement of massage therapist regulations was not considered due to lack of time and will be brought back to the next meeting and Item (b) was conducted to receive a report, have discussion and provide direction regarding proposed Redevelopment Agency Tax Allocation Bond issue and the Redevelopment Agency Board directed staff to continue to explore the opportunity to issue both refunding and new money tax allocation bonds and would again be considered in the future when market conditions improve. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS City Manager Don Penman noted that four letters related to the public hearing item regarding the appeal to the Business License Review Board's denial of an entertainment permit for Bar Twist. PRESENTATIONS a. Presentation of Proclamation Designating October as Fire Prevention Month. MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council /Agency Member Amundson, seconded by Council /Agency Chandler 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: a. Consideration of an appeal to the Business License Review Board's denial of an Entertainment Permit for Bar Twist at 48 East Huntington Drive. Recommended Action: Deny Jim Kasama, Community Development Administrator presented the staff report regarding the appeal of the Business License Review Board's denial of a live entertainment permit for Bar Twist. He reported that the request to provide live entertainment and dancing from 9:00 p.m. to 2:00 a.m. Tuesdays through Saturdays was denied by the Business License Review Board based on a finding that the request exceeded the scope of an entertainment permit and that the proposal should be subject to the conditional use permit process. He further reported that testimony received indicated that approval would be inappropriate because the entertainment was incompatible with surrounding uses and would be an expansion of a legal- nonconforming use. Mr. Kasama provided background information regarding Bar Twist and explained the criteria for issuing an entertainment permit, the appeal process and staff's recommendation. Mayor Harbicht opened the public hearing. Oschian Sfetcu, owner of Bar Twist and Sean Marino appeared and commented on specific issues raised by surrounding neighbors and noise levels. 10 -07 -2008 50: 0136 Joseph Kovalik resident on Alta Street appeared and spoke regarding the nuisance being created in the neighborhood by Bar Twist and urged the City Council to deny the appeal. Selam Wong appeared and spoke regarding the nuisance the patrons of Bar Twist create in the neighborhood. A motion to close the public hearing was made by Council Member Chandler, seconded by Mayor Pro Tern Wuo and seeing no further objection, the Mayor declared the public hearing closed. It was moved by Council Member Chandler, seconded by Council Member Amundson and carried on roll call vote to uphold the decision of the Business License Review Board and deny the appeal filed by Bar Twist. AYES: Council Member Chandler, Amundson, Kovacic, Wuo and Harbicht NOES: None ABSENT: None Adopt Resolution No. 6648 amending Resolution No 6513 relating to Adult Business Performer License Fees. Recommended Action: Adopt Mr. Penman reported that staff recommends reducing its current annual fee of $250.00 for an adult business performer license fee to $150.00 and for a one time provisional or temporary adult business performer license $100.00; he further reported that the $100.00 one time provisional or temporary 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. Mr. Penman noted that the current adult business performer license fee is $250.00. Mayor Harbicht opened the public hearing. A motion to close the public hearing was made by Council Member Chandler, seconded by Mayor Pro Tern Wuo and seeing no further objection, the Mayor declared the public hearing closed. It was moved by Council Member Chandler, seconded by Council Member Amundson and carried on roll call vote to adopt Resolution No. 6648 amending Resolution No. 6513 relating to Adult Business Performer License Fees. AYES: Council Member Chandler, Amundson, Kovacic, Wuo and Harbicht NOES: None ABSENT: None PUBLIC COMMENTS Amy Stone, President of the Parent Teacher Student Association at Highland Oaks Elementary School appeared and discussed the Arcadia schools and the good academic performances of the students; she also discussed what students are learning about good character and citizenship and what outstanding things the students have been doing in the community as part 10 -07 -2008 4 50: 0137 of the Green Circle program for third graders and explained the goals of the program and what the students have accomplished. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Chandler noted that the City is a member of a water quality authority board of cities with pumping rights and the board member that represents the City will be coming up for reelection and proposes that it be placed on a future agenda. Mayor Pro Tem Wuo had nothing to report. Council Member Kovacic announced that Arcadia resident Richard Ventamonte has his presidential campaign button collection on display at the Library and he has every republican button going back to 1856 and democratic buttons for every candidate from 1880 and a smaller collection of third party candidates. He urged residents to stop by the Library and take a look at the collection which will be up through Election Day. He noted that he has coached the Arcadia High School Constitution Team for the last 12 years and will start practice sessions on October 13 in the City Council Chambers from 7:30 p.m. to 9:30 p.m. every Monday night and encouraged everyone to show up and support the team while they get ready for regional and state competitions. Council Member Amundson reported that within the first 30 minutes of the license plate readers being installed a stolen car was located and feels they will be very effective in preserving the community. He read an excerpt from an editorial in the Star News from an Arcadia resident who noted that Arcadia use to be a clean City and encouraged everyone to help keep Arcadia clean. He announced that Saturday is the Downtown General Plan Workshop at the Women's Club from 9:00 a.m. to noon and encouraged everyone to attend and participate; he noted that additional information is on the City's website. He announced that Sunday is a membership drive for the Historical Society and James Helms will be the speaker. City Clerk Barrows had nothing to report. Mayor Harbicht noted that last week the City received an anonymous letter with no signature and no return address attacking the City Council about various issues. He encouraged residents who have comments or complaints about the City or the City Council to send letters with their names and addresses. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: Approve the Regular Meeting Minutes of September 16 2008. Recommended Action: Approve CITY COUNCIL ITEMS: b. Approve the Regular Meeting Minutes of September 16 2008 Recommended Action: Approve 10 -07 -2008 50: 0138 C. Adopt Ordinance No. 2246 amendinq the Arcadia Municipal Code by addina 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: Adopt Approve a Communications Site Lease Agreement between the City and Omnipoint Communications, Inc. for a Wireless Communications Facility at Orange Grove Park — 670 E. Orange Avenue. Recommended Action: Approve e. Authorize the City Manager to execute a contract with Espino's Cop Shop Inc Recommended Action: Approve . and Evidence Technician. Recommended Action: Approve A motion was made by Council /Agency Member Amundson seconded by Council /Agency Member Kovacic and carried on roll call vote to approve items 2.a through 2.f on the City Council /Agency Consent Calendar. AYES: Council Member Amundson, Kovacic, Chandler, Wuo and Harbicht NOES: None ABSENT: None 3. CITY MANAGER a. Introduce the Schematic Design for the Joint Use Gymnasium at Dana Middle School. Recommended Action: Receive and file Sara Somogyi, Director of Recreation and Community Services reported that City staff and the School District have had several meetings with the architectural firm of LPA regarding the design of the joint use gymnasium at Dana Middle School. She noted that the School District and the City jointly applied for a State grant for the construction of a joint use gymnasium and in August 2008 received approval of that grant in the amount of $1,500,000 and further noted that both the City and School District local bond funds will contribute $2,000,000. She further reported that construction is expected to begin in October 2009 and completion is expected in October 2010. She then introduced Noa Tumi from the architectural firm of LPA who presented the schematic design of the gymnasium. 10 -07 -2008 6 50: 0139 b. Report discussion and direction regarding 4th of July Fireworks show for years 2009 and 2010. Recommended Action: Provide direction Sara Somogyi, Director of Recreation and Community Services provided options on how to proceed with a 4' of July fireworks event in 2009 and 2010. She reported that in 2005 the 4` of July event held at the High School was attended by approximately 5,000 people and was well received by the community and further reported that a 4` of July in 2009 is scheduled to take place at High School. She further noted that in 2010, the event will need to be modified because the High School will be under construction and the bleachers will not be available. She reported that approximately $80,000 was spent on the 2005 event; and explained that currently there is $49,000 in a trust fund designated for the July 4` event in 2009 with additional funds from sponsorships needed in approximately $25,000 - $30,000 in order to have an event comparable to the one held in 2005. She reported that there is no budget for a 2010 event and provided options for City Council consideration. It was the consensus of the City Council to proceed with a July 4` 2009 event and hold off until after the 2009 event to evaluate a 4th of July event in 2010. Adopt Resolution No 6647 opposing Measure R the proposed Los Angeles County Metropolitan Transportation Authority one -half percent (Y�%) sales tax increase. Recommended Action: Adopt Mr. Penman provided background information regarding Measure R which is a one half percent sales tax increase being proposed by the Los Angeles County Metropolitan Transportation Authority and is scheduled for the November 4' ballot for voter approval. He noted that Measure R would generate about $40 billion dollars in additional transportation funds over a 30 year period and further noted that Measure R would generate significant funds for the County's transportation system however lacks essential provisions and does not provide an Expenditure Plan that is equitable across all sub - regions of the County especially the San Gabriel Valley. He further noted that it does not provide provisions to address the reallocation of funds that would result from projects that are later deemed unfeasible and does not provide adequate safeguards or a time table to secure funding for the Gold Line Foothill Extension and recommends adoption of Resolution No. 6647 opposing Measure R. It was moved by Council Member Chandler, seconded by Mayor Pro Tern Wuo and carried on roll call vote to adopt Resolution No. 6647 opposing Measure R, the proposed Los Angeles County Metropolitan Transportation Authority one -half (1/2) percent sales tax increase. AYES: Council Member Chandler, NOES: None ABSENT: None Wuo, Amundson, Kovacic and Wuo 10 -07 -2008 50: 0140 ADJOURNMENT The City Council /Redevelopment Agency adjourned this meeting in memory of Nancy Rasmussen, a 24 year City of Arcadia employee at 8:55 p.m. to Tuesday, October 21, 2008, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. James H. Barrows, City Clerk f i 0 Lisa Mussenden, Chief Deputy City Clerk/ Records Manager 9 10 -07 -2008 sm�� STAFF REPORT Public Works Services Department DATE: October 21, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Director t Prepared by: Tom Tait, Deputy Public Works Services Director Dave McVey, General Services Superintendent SUBJECT: SUMMARY On September 16, 2003 the City Council approved a one (1) year Agreement with optional contract extensions to Vargas Olson Enterprises Inc. for construction services maintenance at various City facilities. Vargas Olson is reaching the end of their fourth (4) contract extension and has submitted a written offer to extend the existing contract for one (1) additional year in accordance with the existing agreement. The contractor's offer of extension does not reflect a change in price and all other conditions of the Agreement are to remain in effect. Based on the excellent service provided by Vargas Olson Enterprises during the last five (5) years, staff recommends that the City Council authorize the City Manager to execute a one (1) year contract extension with Vargas Olson for the construction services and maintenance at various City facilities in the amount of $74,890. DISCUSSION The Public Works Services Department is responsible for the maintenance of all City facilities. Preventative maintenance programs have been implemented at all parks and building facilities. New construction, remodels and custom design projects are funded in the 2008 -09 Capital Improvement Program and Operating Budgets. Page 1 of 2 Mayor and City Council October 21, 2008 Additionally, the contract provides for any extraordinary services that pertain to emergency response required for sanitary sewer overflows, which at times cause damage to public and /or private property. The contract outlines the costs associated with emergency restoration and repair of damaged areas. Vargas Olson Enterprises has submitted a written offer to renew this contract in accordance with the existing Agreement without a cost increase. All other conditions of the Agreement are to remain the same. Staff recommends that the City Council authorize the City Manager to execute a one (1) year contract extension with Vargas Olson for the construction services maintenance at various City facilities in the amount $74,890. FISCAL IMPACT Sufficient funds have been budgeted in the 2008 -09 Capital Improvement and Operating Budgets. RECOMMENDATION 1. Award a one (1) year contract extension with Vargas Olson for construction services maintenance at various City facilities in the amount $74,890. 2. Authorize the City Manager and City Clerk to execute a contract amendment in a form approved by the City Attorney. Approved by: 0 1 e.v�., -� Donald Penman, City Manager PM:TT:DM:jb Page 2 of 2 STAFF REPORT Public Works Services Department DATE: October 21, 2008 FROM: Pat Malloy, Assistant City Manager /Public Works Services Direct r Prepared by: Maria P. Aquino, Management Analyst I Jim Brophy, Warehouse Manager SUBJECT: SUMMARY The City warehouse maintains an inventory of brass valves and fittings to supply the water services section with needed repair parts. To ensure brass valves, fittings, and related materials are purchased at the best price and delivered in a timely manner, staff conducted a competitive bid process for the day -to -day purchase of brass valves, fittings and related materials. The City Clerk opened sealed bids on September 8, 2008 and received two (2) bids from H.D. Supply Waterworks and Western Water Works. Based on the results of the bids submitted, staff recommends that the City Council award a purchase order contract to H.D. Supply Waterworks in the amount of $50,000 for three (3) months with the option to renew the contract on a quarterly basis, not to exceed one (1) year. DISCUSSION The warehouse is responsible for the purchase and distribution of all water valves, brass fittings, and other related accessories used on a daily basis by staff and contractors responsible for the installation of these materials. It is critical that the warehouse maintain the proper on -hand inventory levels to prevent an interruption to these vital services. Most items used in conjunction with water service needs are considered a revolving inventory item, and must be replaced to continue the smooth day -to -day operations of the water service section. Page 1 of 2 Recommendation: Approve Mayor and City Council October 21, 2008 This bid is for a three (3) month period with the option to renew the contract on a quarterly basis, not to exceed one (1) year. If the contract price remains the same, the agreement will automatically be extended for another three (3) month period. If there is any increase in price, the agreement will be brought back for City Council's approval. Additionally, to address the volatility of metal costs, the contract requires the successful vendor to provide written proof of any price increase set forth by the manufacturer before it becomes effective. Notices inviting bids were published in the adjudicated paper. As advertised, the City Clerk publicly opened the sealed bids on September 8, 2008, with the following results: BIDDER LOCATION BID AMOUNT H.D. Supply Waterworks Valencia, CA $50,599.21 Western Water Works Supply Chino Hills, CA $54,446.61 James Jones Company Ontario, CA No Response The lowest responsible bidder was H.D. Supply Waterworks. Based on our review of the bids received and the excellent service provided by H.D. Supply Waterworks, staff recommends that the City Council award a purchase order contract to H.D. Supply Waterworks in the amount of $50,000 for the purchase of brass valves, fittings, and related materials for the City's water distribution system. FISCAL IMPACT Sufficient funding is available in the 2008 -09 operating budget to cover the cost of these purchases. RECOMMENDATION Authorize the City Council to award a purchase order contract to H.D. Supply Waterworks in the amount of $50,000 for the purchase of brass valves, fittings and related accessories 2. Waive any informality in the bid or bidding process. PM: MA:jb Approved by: < Dom_ r �— Donald Penman, City Manager Page 2 of 2 �.Fll1�C�P:> sm� " STAFF REPORT Public Works Services Department DATE: October 21, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Director Prepared by: Maria P. Aquino, Management Analyst SUBJECT: SUMMARY: On October 16, 2006, the City Council approved a one (1) year Agreement with optional contract extensions to Delta Distributing, Inc. for the purchase of janitorial supplies for various City facilities. Delta Distributing, Inc. is reaching the end of their first contract extension and has submitted a written offer to extend the existing contract for an additional one (1) year in accordance with the existing Agreement and with no change in prices. According to last year's usage, it is estimated that the Warehouse will process approximately $100,000 in orders for this fiscal year and therefore, the original purchase order contract of $110,000 will be reduced by $10,000. Based on the excellent service provided by Delta Distributing Inc. during the last two years, staff recommends that the City Council authorize the City Manager to enter into a one (1) year purchase order contract extension with Delta Distributing Inc. for the purchase of janitorial supplies for various City facilities in the amount of $100,000. DISCUSSION: The Public Works Services Warehouse is responsible for purchasing and distributing all janitorial supplies for City facilities. It is essential that the Warehouse maintains adequate on -hand inventory items to prevent interruption to these vital services. Most items used in conjunction with janitorial services and facilities maintenance are Page 1 of 2 Recommendation: Approve Mayor and City Council October 21, 2008 considered a revolving inventory item, and must be replenished to continue smooth day - to -day operations of various City facilities. According to last year's usage, it is estimated that the Warehouse will process approximately $100,000 in orders for this fiscal year and therefore, the original purchase order contract with Delta Distributing Inc. of $110,000 will be reduced by $10,000. Delta Distributing, Inc. has submitted a written offer to renew this contract in accordance with the existing Agreement without a cost increase. All other conditions of the Agreement are to remain the same. Staff recommends that the City Council authorize the City Manager to enter into a one (1) year purchase order contract extension with Delta Distributing, Inc. for the purchase of janitorial supplies for various City facilities in the amount of $100,000. FISCAL IMPACT: Sufficient funds are available in the 2008 -09 operating budget to cover the cost of this acquisition. RECOMMENDATION: Award a one (1) year Purchase Order Contract Extension to Delta Distributing, Inc. in the amount of $100,000 for the purchase of janitorial supplies for various City facilities. Approved by. O R- � Donald Penman, City Manager PM:MA:jb Page 2 of 2 corm " "' °` Nos,. STAFF REPORT Development Services Department DATE: October 7, 2008 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director - 51-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 License 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 Conditional Use Permits. This bar does not have an approved Conditional Use Permit, and is therefore a legal- 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 31 st 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 a legal- 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 2. 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. 3. 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: ` Pe r � 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 D L li s E• t 1 ; a5 , 'DR H(NINNGTO 'w�� 1.. � .5 L. _ 1.'1 1 -..�1 'r5°1.•t10'.t63X�. �.GAFr J. A-.3 �(' I (52)' (mil Y ' � I 1 abY Y I A I ♦ In ws I J� r \ '^• C I I r •� C'.:ti.. i Ind �"�. I � � i , ��._ �♦ �.., '� �S,e�: `/i �'� i��' '� i7!� 14v� ♦i i��•` ��, SIB -_u! J �� ri��el �F�.11 •.. i �,. � �l1 � � h :'ii ��.! !, �I^ , � ` .,t i .�.! A�. ° .. C� � •+' �f FS\i �`�` �� _. r ,..�.. w' i � `I-.. - - . ' y .t�� ✓W i{ � ^^ . f -. - 15� l[��I4 1.� .vi .I a i 7 t r�� Fill ti� �! k (21 (25) 1 (21, .(33) i'. ( ''�(, 11 _ ;.( �r� L ALTA ST _ , � 48 E Hunfington Dr 1r -:^ ... >`. �.. f ♦�Y t✓ )'..'.' - ".� 1 f '_ 1 C " V � '(3�4 r ( ) I 42)� t (45)�� ' (50)� Arcadia w� 1. 11 �.�L!'.I,f !.G.S'i'>81 � ": 1 u.' �'�2+f �R:. ♦ fO � _. Milt oo ( -e 3t `N -$ -& ss�O— 'oe to-/Y2 02, Zoo 8' D leocr �&r ©r MOLC&M r 4 'lam C��°5 B US! f�IPSS !�C'CPv��'P ��vl2w `JDAr(� S CiN'C.r' �a rn� j2 ' Ar ter ga. 7ff4 e / Y lit l S <�l � SS /S Goc/�- r a� Z18 f �fi `✓J� 7`�✓� �O Xease C oe 05 104 S / �P.S/ 0 k c✓ Ve 4ry �l2vc�j l e 13 °r r is 4v e . 'P „ w /I, 7dO 0 A-�E el2 LAN U"Irl (Z n NDu gcta , e-4- ` ox?-& September 18, 2008 Bar Twist, Inc. 48 E. Huntington Drive Arcadia, CA 91006 Art: 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 Entertainment License. We became the new owners of Peanuts on October 05, 2007. At the time from what we understood, the business had an entertainment license. Unbeknown to us the license expired 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 bars, one being Bar 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 Bar Twist as we are a night spot and do not open the doors until 8 pm. Parking 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 Year's Eve. This is also not applicable to Bar Twist as our initial opening day was January 31'`/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 are safe and whomever enters our facility is searched 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. CITY OF ARCADIA APPLICATION FOR BUSINESS LICENSE PERMIT Date of application: os4z- " IMe do hereby make application.for a permit 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 Board in determining the propriety of issuing a permit therefore and the conditions upon which such 7 a a permit shall be issued. 1. Name of applicant 4 */ `''IST -uVC. Phone Address of applicant 2. Nature and complete description of business for which permit is requested Lil/cz /,�i 3. Description of proposed location of business (a) Address }U//� (b) Present type of business at this location 4. Description of nature and o nt of equipment to be used In Conn ction with proposed business s i?�s A�� 5. Dates and hours proposed business is to be conducted Tit' 7774) r,AT -) /= 671D � 4ANi6 o_ = d-D 6. Personal description of appticant (a) Name 4 C p L6 !� -- Date of birth All d� (b) Driver's License Number / �do919 L/ o (c) Address d #j How long have you lived at the above address? If less than 5 years, previous address goo o /f9 17i. F /)'K6 ° (d) Are you the owner of the above business operation? If no, give name and address of employeer 1 declare under the penalties of perjury that the foregoing statements are, to the best of my knowledge and belief, true and complete. Date °�� Signature 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 aware 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 yard is close to this business and there are numerous nights with loud music and noise, public drunkenness and fights that she can hear very clearly from her home. It is very difficult to get a good night of sleep and her young son is very scared and she is fearful 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 hear the noise from their home even with the doors and windows closed. The customers do not leave the premises when the bar 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 parking. She suggested they offer valet parking and wondered why are 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 separate them, install a fence and Business License Review Board 9/2/8 1 "No Parking" signs. But, this has not really helped. Once they found a woman who had parked 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 parking 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 are 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 after 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 area 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 are 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. REPRESENTATIVE: Kasama, Vergel Business License Review Boud 9/n 2 To: Amber Abeyta, Business License Department, City of Arcadia From: Joseoh Kovalik and Tracv Burtoft 36 Alta St, #A, Arcadia, CA 91006 Tel: (626) 446 -5730 e -mail: josephkovalik @sbcglobal.net Subject: Entertainment Permit for gar Twist We are putting the city of Arcadia on legal notice of a dangerous 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 properly 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 dally activities including taking care of our family and going to work. As tax paying 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 bur 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 Page 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 on�nn o Page I of 1 Silva Vergel From: Tamara Kato [tamarakato a@comfortkeepers.com] 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 want 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 Cell: 626 -375 -6756 Fax: 888-258-0910 Web: www.comfortkeepers.com Email: tamarakatO(cDcomfortkeeoers com Confidentiality Notice: This message is confidential, intended only for the named recipients) and may contain information that is privileged or exempt from disclosure under applicable law. If you are not the intended recipient(s), you are notified that dissemination, distribution or copying of this message is strictly prohibited. If 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. 0 /moo rnnno Page 1 of 1 Silva 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 garage (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 bars from further development by attracting more violent drunks coming into our beautiful Arcadia!!!! HELP, there's still time to keep Arcadia safe for our families!!!! Very concerned mom and resident of Arcadia, Uyen Wong nip i�nno SEP -01 -2008 12:06 From: FAX To 64479173 P.1 /9 TO: Amber Abeyta FROM: Uyen Wong FAX: 626- 447 -9173 FAX: PAGE: 9 pages including cover sheet PHONE: SUBJECT: Bar Twist/Andy C. Lee Permit for live music, DATE: September 1, 2008 band, D7 and dancng hearing of September 2,, 2008. COMMENTS: Dear Amber, Here Is the list of all the near by residents who oppose the Bar Twist's request for Entertainment permit for live music that will Include live bands, DI's and dancing. Thank you, Uyen Wong Cell: 626 -675 -0456 SEP -01 -2008 12:06 From: Petition Letter To '64479173 P.2/9 Bar Twist/Andy C. Lee (owner) Permit for live music, band, DJ and dancing August 31, 2006 To: City of Arcadia Community Development Division Re: Bar Twlst/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 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, 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 WtilMA- 1144- iF %yt � i J octv+,�1A • Use of the City's resources of dispatching police there every night 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 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 Prir# e rasa — SEP- 01 -200B 12:06 From: Petition Letter To 64479173 P.3/9 Bar TwisVAndy C. Lee (owner) Permit for live music, band, DJ and dancing August 31, 2008 To: City of Arcadia Community Development Division Re: Bar TWISVAndy 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 Drive, Arcadia CA 91 ooB 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 144m.0 lla�le, i'rin;W y - 6ccus - Me, • 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 Ar Prml Name Address SEP -01 -2006 12:06 From: Petition Letter To 64479173 P.4/9 Bar Twlst/Andy C. Lee (owner) Permit for live music, band, DJ and dancing August 31, 2008 To: City of Arcadia Community Development Division Re: Bar Twlet/Andy C. Lee (owner) Permit for live music, band, DJ and dancing Hearing of September 2, 2006 Dear Community Development Division Committee Members: I, a resident of Arcadia within a close radius of the liar 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 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 �/ I • They park In Washington Mutual Bank's parking lot that makes Wamu- 1kk %f InJul a aCC:u4 - • use or the City's resources of dispatching police there every night J l Aem- • 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 aro 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, A C-1- Residents of Arcadia Print ne T /lddross SEP -01 -2008 12:06 From: Petition Letter To 64479173 P.5/9 Bar Twist/Andy C. Lee (owner) Permit for live music, band, DJ and dancing August 31, 2008 To: City of Arcadia Community Development Division Fie: Bar Twist/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 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, 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 w ,h 11AJ4 ix�uryc�c�crs • 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. r� .0 - 91m)& SEP -01 -2008 12:07 From: Petition Letter To 54479173 P.6/9 Bar TwlsVAndy 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 live music, band, DJ and dancing Hearing of September 2, 2000 Dear Community Development Division Committee Members: 1, 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, 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 n lt I 1 • They park in Washington Mutual Bank's parking lot that makes irakyIt:iLkG Ifir'J vccu.t14Ae.r • 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 Imp rtantly, the safety of our children and seniors may be in jeopardy Vand�on� We are concerned w st 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, RRidents of Arcad a gf_C_[G Print Name 'ca G X10 SEP -01 -2008 12:07 From: Petition Letter To 64479173 P.7i9 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 TWlst/Andy C. Lee (owner) Permit for live music, band, DJ and dancing Hearing of September 2, 20013 Dear Community Development Division Committee Members: 1, a resident of Arcadia within a close radius of the Bar Twist, at the location of OE. 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 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 WaKtk bwt if in • Use of the City's resources of dispatching police there every night V 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 permit may lead to the demise of our beautiful neighborhood. We urge you to consider our safety and deny the permit. Sincerely, Res of A Prim —�— Xd& 1 Al 5 + o � Arc�lra SEP -01 -2008 12:07 From: To 64479173 P.8/9 Petition Letter Bar TwieVAndy C. Lee (owner) Permit for live music, band, DJ and dancing August 31, 2008 To: City of Arcadia Community Development Division Re: Bar Twlst/Andy C. Lee (owner) Permit for live music, bend, DJ and dancing Hearing of September 2, 2006 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, 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 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 -I I ,�!/�� • They park In Washington Mutual Bank's parking lot that makes Wvnik We, 7� 11'�wj oCC4KS }J y: • Use of the City's resources of dispatching police there every nigh • Smoking buds and beer bottles being thrown in the parking lot adjacent residents' driveway end 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 � Print tAme AN Ad � �� SEP -01 -2008 12:08 From: Petition Letter To 64479173 P.9/9 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 five 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 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 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 Vk) 11.AWO ). 'Y JWy or'cu.E ' A • Use of the City's resources of dispatching police there every night 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 permit may lead to the demise of our beautif ul neighborhood. We urge you to consider our safety and deny the permit. Sincerely, Residents of Arcadia . ItH L-1 P4 k't A - � Address HUNTINGTON DRIVE �E%IST. SIOEWAEK i O .. O O y K W W O O T - - - PROPERTY LINE 8 PROPOSED SITE PLAN SCABM--lW RESOLUTION NO. 6646 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DENYING AN APPEAL OF THE BUSINESS LICENSE REVIEW BOARD DECISION TO DENY AN APPLICATION FOR LIVE ENTERTAINTMENT AT 48 E. HUNTINGTON DRIVE WHEREAS, on August 12, 2008, an Entertainment Permit Application was filed by Andy C. Lee to provide live entertainment at an existing bar at 48 E. Huntington Drive; and WHEREAS, a hearing was held by the Business License Review Board on September 2, 2008, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, on September 2, 2008, the Business License Review Board voted 3 -0 to deny the Entertainment Permit Application; and WHEREAS, on September 8, 2008, the Business License Review Board decision was appealed by Oschian D. Sfetcu to the City Council; and WHEREAS, a duly noticed hearing was held before the City Council on October 7, 2008, at which time all interested persons were given full opportunity to be heard and to present evidence; and WHEREAS, on October 8, 2008, the City Council denied the appeal and upheld the Business License Review Board decision. -1- Resolution No. 6646 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. That the granting of the Entertainment Permit will be injurious, detrimental or harmful to the public peace health, safety, morale or welfare of the City or its inhabitants. SECTION 2. That for the foregoing reasons, this City Council denies the appeal of this Entertainment Permit Application to allow live entertainment at an existing bar at 48 E. Huntington Dr. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. Passed, approved, and adopted this day of , 2008. Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney -2- Resolution No. 6646 STAFF REPORT Office of the City Manager DATE: October 21, 2008 TO: Mayor and City Council FROM: Don Penman, City Manager —9 SUBJECT: SALARY RANGE ADJUSTMENT FOR ASSISTANT CITY MANAGER/PUBLIC WORKS SERVICES DIRECTOR Recommendation: Approve salary adjustment SUMMARY The Assistant City Manager position has for many years been equal to or 2.5% higher in the salary range than the highest paid department head. This has reflected the added responsibilities of the Assistant City Manager position as well as experience past incumbents have brought to the position. Recent salary adjustments to the safety management ranges as a result of compaction issues has placed the Assistant City Manager position below those salary levels. Therefore it is recommended that the City Council approve a range adjustment to place the Assistant City Manager/Public Works Services Director range at the same level as the Police Chief. BACKGROUND For many years the Assistant City Manager salary range was either equal to or 2.5% above the highest salary of any department head. The Assistant City Manager designation is a City Charter designation (Manager Pro Tempore) that serves as the City Manager during any absence or disability of the Manager. The Manager Pro Tempore is appointed by the City Manager subject to approval by the Council. In Arcadia the Manager Pro Tempore has also been a department head. Pat Malloy, the Public Works Services Director is also the Manager Pro Tempore or Assistant City Manager. DISCUSSION For many years the Assistant City Manager salary range was either equal to or 2.5% above the highest salary of any department head. However the recent salary range adjustments granted to Police and Fire Management has resulted in the Assistant City Manager position falling behind top safety management. It should be noted that the salary levels of safety staff in general, and not just in Arcadia, have been driven by a very competitive market that has caused salaries to climb at a higher rate then Page 1 of 2 Mayor and City Council October 21, 2008 non - safety staff. Therefore in the long run it is difficult and generally not realistic to survey non- safety staff against safety personnel, either at the management or non - management level. However, in establishing the Assistant City Manager salary level, one of the most important factors is the experience the person will bring to the position. In the current particular situation, Pat Malloy has over thirteen (13) years of experience as Director of Public Works Services and now almost one year as Assistant City Manager. Therefore a salary range adjustment equal to Police Chief is warranted based on that experience. When Mr. Malloy retires, any new appointed Assistant City Manager would not necessarily receive the same salary level. It would be based on the experience of that individual. At -this time it is particularly important to recognize and retain that experience in the Assistant City Manager position. Four new department heads have been appointed in the past year and the Director of Library and Museum Services will be retiring at the end of the calendar year so a fifth new department head will be appointed effective January 1, 2009. . The most senior department head after the Public Works Director is the Police Chief, who has been in his position as Chief since July 2005. The City has an outstanding group of department heads, yet maintaining some continuity as the City goes through this transition process is important. FISCAL The cost to change the range of the Assistant City Manager/Public Works Services Director position would be $4,320 from October 1, 2008 until June 30, 2009. From July 1, 2009 to December 30 2009 (Mr. Malloy's anticipated retirement date); the additional cost would be $5,076, for a total cost of $9,396. Of that amount 20% or $1,879 would be funded by the General Fund; the balance would be financed by Enterprise Funds. No budget appropriation is needed as these costs can be absorbed within the budget. RECOMMENDATION It is recommended that the City approve a salary range adjustment for the Assistant City Manager /Public Works Services Director to place it at the same range as Police Chief, which would be Range 99E until June 30, 2009 and Range 100E effective July 1, 2008. Page 2 of 2 A m *" STAFF REPORT Public Works Services Department DATE: October 21, 2008 TO: Mayor and City Council FROM: Pat Malloy, Assistant City Manager /Public Works Services Dire6tor I, SUBJECT: AUTHORIZE THE CITY MANAGER TO F)fFCUTF n nAIF X71 Mr Recommendation: Approve SUMMARY On August 19, 2008, the City Council authorized staff to negotiate a final lease agreement with American Golf Corporation (AGC). City staff and AGC continue to meet and discuss the contents of the new lease agreement; however more time is needed to negotiate the final lease agreement. The current lease extension is due to expire on October 31, 2008, therefore staff recommends that the City Council authorize the City Manager to execute a one (1) month lease extension with the option to extend the lease through December 31, 2008, if necessary, with AGC for the management of the Arcadia Par 3 Golf Course. DISCUSSION On August 19, 2008, the City Council authorized staff to negotiate a final lease agreement with American Golf Corporation (AGC). City staff and AGC continue to discuss the lease and have not yet reached an agreement. The term of the new lease agreement will be twenty (20) years and staff believes it is important for the agreement to be as detailed and comprehensive as possible. Additionally, as directed by the City Council, staff has been working with AGC to incorporate language that will allow for the future sale of a portion of the golf course or reconfiguration of the golf course within the term of the lease. The final lease agreement is near completion and staff anticipates bringing it to the November 4, 2008 City Council meeting for approval. However, should any unforeseen issues arise, staff recommends that the City Council authorize the City Manager to execute another lease extension through December 31, 2008, which would allow staff time to resolve any other issues that may arise. Therefore, staff recommends that the Page 1 of 2 Mayor and City Council October 21, 2008 City Council authorize the City Manager to execute into a one (1) month lease extension with American Golf Corporation for the management of the Arcadia Par 3 Golf Course. Rent paid to the City will be based on a Percentage Rent calculation included in the existing agreement. All terms and conditions of the current lease will remain the same. FISCAL IMPACT AGC will continue to make rental payments to the City based on the percentage of revenues received from the operation of the Course in accordance with the conditions of the lease agreement. RECOMMENDATION Authorize the City Manager to enter into a one (1) month lease extension with an option to extend an additional month with American Golf Corporation for the management of the Arcadia Par 3 Golf Course. Approved by: J P Donald Penman, City Manager PM:jb Page 2 of 2 STAFF REPORT Office of the City Attorney DATE: October 21, 2008 TO: HONORABLE MAYOR AND CITY COUNCIL QQ FROM: STEPHEN P. DETISCH, CITY ATTORNEY i@- n •��^^ Prepared by: Lisa Mussenden, Chief Deputy City Clerk/Records Manager SUBJECT: RESOLUTION NO. 6651 APPROVING A REVISED SIXTH CALIFORNIA Recommendation: Adopt SUMMARY At its meeting of April 1, 2008, the City Council adopted Resolution No. 6621 approving a Sixth Amendment to Agreement and Lease with Methodist Hospital of Southern California in order to assist the Hospital in obtaining financing for purposes of updating and expanding the Hospital and related facilities on real property owned by the City of Arcadia and leased to the Hospital. Since that time, the U.S. Department of Housing and Urban Development ( "HUD ") required a modification concerning elimination of the indemnification covenant for HUD and any other governmental agency, as a subsequent lessee in the event of foreclosure, in instances where any such governmental agency is forbidden as a matter of law from assuming such an indemnification obligation. However, if that entity is succeeded by any other Lessee, then that Lessee would once again be subject to the indemnification obligation. BACKGROUND The City entered into a Lease with Methodist Hospital on May 28, 1953, pursuant to which the Hospital was required to own and operate a non - profit hospital facility on the City owned premises generally south of the Police Department headquarters. There have since been five amendments to the Lease. The current term of the lease is ninety nine (99) years. In order facilitate the Hospital's proposed financing, the Hospital has requested a lease extension of approximately seven (7) years. In addition, in order to accommodate the proposed financing, the Hospital has obtained a commitment for a loan and credit enhancement by means of the U.S. Housing and Urban Development -FHA Section 242 Mortgage Insurance for Hospitals program. Pursuant to that program, the FHA requires an amendment to the Lease that would permit some flexibility in future uses on the premises in the event of any foreclosure by the FHA; provided that any such future uses would be limited to hospital. uses (either profit or non - profit) or other public uses, or other use that complies with the then current City zoning. DISCUSSION The Sixth Amendment to Agreement and Lease generally includes the following: (1) There is an extension of the original ninety nine (99) year term by approximately seven (7) years (to May 27, 2059, or 50 years following the closing date for the Hospital's financing, whichever occurs first); (2) Future use of the premises, upon any foreclosure by FHA, may include either profit or non - profit hospitals (the existing Lease allows only a non - profit hospital), or other public uses as may be permitted by then current City zoning restrictions; (3) The City may use the Hospital's auditorium during evening hours for City sponsored events; (4) There are new and updated insurance obligations of the Hospital; (5) The Sixth Amendment is conditioned upon and will be effective at the time of the closing of the loan, as described in the Sixth Amendment; (6) In the event that the premises are ever used as other than a non - profit hospital, then commencing with such new use, the rent payable to the City will be adjusted upward to "market rent ", as determined in accordance with the procedure set forth in the Sixth Amendment. The Hospital has indicated to the City that it is obtaining the proposed new financing in order to update and expand the Hospital's facilities and to undertake and complete a certain seismic retrofit project required by law of all California Hospitals. The Hospital has served the City well for more than 50 years, project would be of further benefit to the City an nearby communities served by the Hospital. FISCAL IMPACT: and City staff believe that the proposed d its residents, together with residents of The Hospital pays nominal rent under its Lease. Other than as follows, there is no fiscal impact anticipated or associated with the proposed Sixth Amendment to Agreement and Lease. Since the Lease extension would encompass approximately 7 years, the City will continue not to receive rental revenue from the premises for these 7 additional years. However, it also reasonable to conclude that the benefit to the community of having the Hospital on the premises for 7 additional years outweighs any lack of rental revenue. RECOMMENDATION: That the City Council adopt Resolution No. 6651 approving a revised Sixth Amendment to Agreement and Lease by and between the City of Arcadia and Methodist Hospital of Southern California. APPROVED: Donald Penman City Manager Attachment: Resolution No. 6651 3 RESOLUTION NO. 6651 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING A REVISED SIXTH AMENDMENT TO AGREEMENT AND LEASE BY AND BETWEEN THE CITY OF ARCADIA AND METHODIST HOSPITAL OF SOUTHERN CALIFORNIA WHEREAS, on April 1, 2008, the City Council adopted Resolution No. 6621 approving a Sixth Amendment to Agreement and Lease with Methodist Hospital of Southern California ( "Hospital ") in order to assist the Hospital in obtaining financing for purposes of updating and expanding the Hospital and related facilities on real property owned by the City of Arcadia and leased to the Hospital; and WHEREAS, following the approval of the Sixth Amendment on April 1, 2008, the U.S. Department of Housing and Urban Development ( "HUD ") requested a change to the Sixth Amendment pertaining to indemnification obligations of successor Lessees; and WHEREAS, on May 28, 1953, the City of Arcadia, a municipal corporation ( "City "), as Lessor, and Hospital Foundation of the Methodist Church, Southern California- Arizona Conference, a nonprofit California corporation, executed an Agreement and Lease covering the real property described therein ( "Premises "), which Agreement and Lease was recorded January 11, 1955 in Book 46609, Page 39 of the Official Records of Los Angeles County, California; and WHEREAS, on August 9 , 1955, the parties to said Agreement and Lease executed an amendment thereto, which amendment was recorded August 25, 1955 in Book 48769, Page 295, Official Records of Los Angeles County, California; and WHEREAS, also on August 9, 1955, Hospital Foundation of the Methodist Church, Southern California - Arizona Conference with the written consent of the City assigned its interest in said Agreement and Lease to Methodist Hospital of Southern California, a nonprofit California corporation, which corporation assumed all of the obligations of the Hospital Foundation of the Methodist Church, Southern California - Arizona Conference under said Agreement and Lease; and WHEREAS, said Agreement and Lease was further amended by a Second Amendment to Lease dated July 5 , 1956 and recorded on August 22, 1956 in Book 52099, Page 103, Official Records of Los Angeles County, California; and WHEREAS, said Agreement and Lease was further amended by a Third Amendment to Lease dated September 18, 1961 and recorded on January 27, 1966 in Book M2109, Page 272, Official Records of Los Angeles County, California; and WHEREAS, said Agreement and Lease was further amended by a Fourth Amendment to Lease dated December 23, 1963 and recorded May 11, 1964 in Book M1518, Page 761, Official Records of Los Angeles County, California; and WHEREAS, said Agreement and Lease was further amended by a Fifth Amendment to Agreement and Lease dated August 5, 1980 and recorded on June 10, 1981, as Document Number 81-578698, in the Official Records of Los Angeles County, California; and WHEREAS, in support of the Hospital's efforts to seek financing for purposes of updating and expanding the hospital and related facilities operated on the Premises, to reflect the change requested by HUD to the Sixth Amendment approved by the City Council on April 1, 2008, and to reflect certain other changes to the Agreement and Lease requested by the City, the Hospital and the City have prepared a revised Sixth Amendment to the Agreement and Lease. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby approves that certain Sixth Amendment to Agreement and Lease by and between the City of Arcadia and Methodist Hospital of Southern California, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 2. The Mayor is hereby authorized and directed to execute the Sixth Amendment to Agreement and Lease, together with such changes thereto as are deemed reasonable and necessary by the City Manager and City Attorney in order to accomplish the purpose of facilitating the currently proposed Hospital financing and related matters. The Mayor and the City Manager, or their designees, are further authorized and directed to execute such other documents as are reasonable and necessary to accomplish the foregoing. SECTION 3. That Resolution No. 6621 is hereby rescinded. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this day of 11: Mayor of the City of Arcadia ATTEST: City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney SIXTH AMENDMENT TO AGREEMENT AND LEASE This Sixth Amendment to Agreement and Lease ( "Sixth Amendment ") is made and executed this _ day of 2008, by and between the CITY OF ARCADIA, a municipal corporation (hereinafter referred to as the "City') and METHODIST HOSPITAL OF SOUTHERN CALIFORNIA, a nonprofit California corporation (hereinafter referred to as the "Hospital "). RECITALS WHEREAS, on May 28, 1953, the City of Arcadia, a municipal corporation, as lessor, and Hospital Foundation of the Methodist Church, Southern California-Arizona Conference, a nonprofit California corporation, executed an Agreement and Lease covering the real property described therein, which Agreement and Lease was recorded January 11, 1955 in Book 46609, Page 39 of the Official Records of Los Angeles County, California; WHEREAS, on August 9, 1955, the parties to said Agreement and Lease executed an amendment thereto, which amendment was recorded August 25, 1955 in Book 48769, Page 295, Official Records of Los Angeles County, California; and WHEREAS, also on August 9, 1955, Hospital Foundation of the Methodist Church, Southern California- Arizona Conference with the written consent of the City assigned its interest in said Agreement and Lease to Methodist Hospital of Southern California, a nonprofit California corporation, which corporation assumed all of the obligations of the Hospital Foundation of the Methodist Church, Southern California- Arizona Conference under said Agreement and Lease; and WHEREAS, said Agreement and Lease was further amended by a Second Amendment to Lease dated July 5, 1956 and recorded on August 22, 1956 in Book 52099, Page 103, Official Records of Los Angeles County, California; and WHEREAS, said Agreement and Lease was further amended by a Third Amendment to Lease dated September 18, 1961 and recorded on January 27, 1966 in Book M2109, Page 272, Official Records of Los Angeles County, California; and WHEREAS, said Agreement and Lease was further amended by a Fourth Amendment to Lease dated December 23, 1963 and recorded May 11, 1964 in Book M1518, Page 761, Official Records of Los Angeles County, California; and WHEREAS, said Agreement and Lease was further amended by a Fifth Amendment to Agreement and Lease dated August 5, 1980 and recorded on June 10, 1981, as Document Number 81- 578698, in the Official Records of Los Angeles County, California; and WHEREAS, in support of Hospital's efforts to seek financing for purposes of updating and expanding the hospital and related facilities operated on the Premises, and to reflect certain other updates, the parties hereto desire to further amend said Agreement and Lease. 1010794.14 Ed' HI T 06 ® tr NOW, THEREFORE, the parties hereto agree that said Lease and Agreement is hereby amended as follows : AGREEMENT 1. Effectiveness of this Sixth Amendment This Sixth Amendment shall be conditioned upon, and effective (without the requirement of any further action on the part of either Hospital or City) concurrent with, the initial closing of the Project Financing (as defined in new Section 9 of the Agreement and Lease), addressed below. 2. Extension of Term Section 1 of the Agreement and Lease is hereby amended to read its entirety as follows: This Agreement and Lease shall be for a term from the 28` day of May, 1953 and continuing through and including the 27 day of May, 2058, which period of time is hereinafter referred to simply as the "Term;" provided, however, if the closing of the Project Financing (as defined in Section 9, below) has not occurred by May 25, 2008, then the term of the Agreement and Lease shall be extended, for a period not to exceed 12 months, so that it runs through and includes the earlier of (i) the fiftieth (50th) anniversary of the day immediately following the closing date for the Project Financing; or (ii) May 27, 2059. 3. Adjustment of Rent The following language is added to the end of the existing Section 4 of the Agreement and Lease: Notwithstanding the preceding, if during the Term the Premises ceases to be used solely as a non - profit hospital (utilizing the term "hospital' as defined at Section 3), then commencing concurrent with such changed use ('Adjustment Date "), and continuing for so long as such use other than a non - profit hospital continues during the Term (with such period being referred to as the "Adjustment Period "), the consideration owing under this Agreement and Lease shall be adjusted to monthly installments of Fair Market Rent (as defined below) for such portions of the Premises not used as, or in support of, a non -profit hospital (utilizing the term "hospital" as defined at Section 3). For the purposes of this Section 4, "Fair Market Rent' shall mean the monthly fixed rent that would, as of the Adjustment Date, be paid by a willing tenant, not compelled to lease, and accepted by a willing landlord, not compelled to lease, for the undeveloped Premises (i.e. without taking into account the value of any improvements or facilities thereon or thereto) as of the pertinent date. Fair Market Rent shall be determined in accordance with the appraisal procedures set forth below or in such other manner as shall be mutually agreed upon, in writing, by the City and the Hospital. (a) If at any time it becomes necessary to determine the Fair Market Rent of the Premises for purpose of this Section 4 (the Premises being so appraised shall be referred to for the purposes of this Section as "Appraised Property"), then the Hospital shall select a person to act as an independent 1010794.14 appraiser on its behalf in connection with determining the Fair Market Rent and shall provide the City with written notice of such determination. Within ten (10) days after such notice, the City shall by written notice to Hospital either (i) agree to the appointment of the appraiser identified in such initial notice, in which case such appraiser shall be the sole appraiser for purposes of determining the Fair Market Rent during such Adjustment Period, or (ii) appoint a second person as an appraiser on its behalf. Any appraiser appointed pursuant to this Section must be a member of the American Institute of Real Estate Appraisers (or any successor organization thereto). The appraiser(s) thus appointed shall, within forty -five (45) days after the date of the notice appointing the first appraiser, proceed to appraise the Appraised Property to determine the Fair Market Rent for the Adjustment Period. In the case of two (2) appraisers, except as provided in Section below in this Section, the two appraisals shall be averaged to determine the Fair Market Rent. (b) Notwithstanding the preceding provisions, if two appraisers are appointed, and the difference between their appraisal amounts exceeds ten percent (10 %) of the lesser of such appraisal amounts, then the two appraisers shall have twenty (20) days to appoint a third appraiser. If no such appraiser is appointed within such twenty (20) days or within ninety (90) days of the original request for a determination Fair Market Rent, whichever is earlier, either the City or the Hospital may apply to any court having jurisdiction to have such appointment made by such court. Any appraiser appointed by the original appraisers or by such court shall be instructed to determine the Fair Market Rent within forty -five (45) days after the appointment of such appraiser. The determination of the three appraisers which differs most in the terms of dollar amount from the determinations of the other two appraisers shall be excluded, and fifty percent (50 %) of the sum of the remaining two determinations shall be the appraised value, which appraised value shall be final and binding upon the City and the Hospital as the Fair Market Rent.of the Appraised Property during.the Adjustment Period. If the lowest and highest appraised values are equidistant in amount from the middle appraised value, then such middle appraised value shall be the Fair Market Rent for the Adjustment Period. (c) If the parties agree upon, and utilize, only one appraiser pursuant to this Section, then the City and the Hospital shall each pay one -half of the fees and expenses of such appraiser. If two appraisers are utilized, then the City and the'Hospital each shall pay the fees and expenses of the appraiser appointed by it. If a third appraiser is utilized, then the City and the Hospital shall each pay one - half of the fees and expenses of the third appraiser and one -half of all other costs and expenses incurred in connection with each appraisal conducted pursuant to this Section 4. 4. Section 5 -K . Section 5 -K of the Agreement and Lease is hereby amended to read as follows: 10 10794. 14 "5 -K — HOLD HARMLESS: The Hospital shall at all times during the Term keep and save the City and its officials, officers, employees and agents (collectively, the "City Indemnitees ") free and harmless from any and all liability, claims, demands, lawsuits and /or actions pertaining to injury or death to persons and/or damage to property which may in any manner arise from the use, occupancy or maintenance of the Premises and /or of any building, structure or improvement thereon, and /or from negligence, malfeasance, misconduct or inadvertence of Hospital and /or any of the Hospital's officials, officers, employees, agents and /or contractors in any way concerned with the construction, maintenance, operation and /or use of all or any portion of the Premises and/or all or any portion of any building, structure and /or improvement located thereon. Notwithstanding the preceding, however, the Hospital will not be obligated to indemnify the City Indemnitees for any liabilities, claims demands, lawsuits and /or actions pertaining to any injury or death to persons, and /or damage to property, to the extent caused by the actions or omissions by any of the City Indemnitees or their invitees including without limitation in connection with the use of the Auditorium by any of the City Indemnitees and their invitees, in accordance with Section 10 of this Agreement and Lease. The Hospital shall throughout the Term maintain in full force and effect a policy or policies of insurance, with endorsements naming the City Indemnitees as additional insureds, which provide liability, boiler, vehicle and medical malpractice insurance, each of a type and with coverage and deductible amounts, and issued by one or more insurers, as is customary in the health care industry and determined annually by an independent insurance consultant, reasonably acceptable to the City, to be adequate to protect the interests of City, as landlord under the Agreement and Lease. The Hospital shall annually report and certify to the City all its insurance coverages required under this Lease and Agreement. In addition, upon the City's written request, which shall me made no more frequently than annually, the Hospital shall furnish to the City complete and accurate copies of current certificates of insurance and endorsements effecting the insurance coverages required by this Agreement and Lease on forms reasonably satisfactory to the City. The parties hereto agree that the obligations of this Section 5 -K HOLD HARMLESS shall not succeed to or become an obligation of the U.S. Department of Housing and Urban Development, acting by and through the Federal Housing Commissioner ( "FHA ") or to any other governmental entity: Federal, State or Local that is statutorily prohibited from assuming this obligation. Notwithstanding the foregoing, any and all successors in interest to the U.S. Department of Housing and Urban Development and/or the FHA shall be subject to the obligations of this Section 5 -K HOLD HARMLESS ", except for any other governmental entity: Federal, State or Local that is statutorily prohibited from assuming this obligation. 1010794.14 5. New Section 9 (Incomoration of 207 Lease Addendum) The following new Section 9 is hereby added to the Agreement and Lease: 9 — 207 Lease Addendum In order to support the Hospital's updating and expansion of the hospital and related facilities operated on the Premises, and receipt of financing for such projects ( "Project Financing ") with a loan subject to credit enhancement pursuant to the HUD /FHA Section 242 Mortgage Insurance for Hospitals program ( "HUD /FHA -242 Program "), the City and the Hospital agree that the provisions contained in the 207 Lease Addendum to this Lease are, by this reference, incorporated into and made a part of this Agreement and Lease. 6. Attachment of 207 Lease Addendum The "207 Lease Addendum" attached as Exhibit 1 to this Sixth Amendment to Agreement and Lease is hereby added to, incorporated into and made a part of the Agreement and Lease, as an attachment and addendum thereto. 7. New Section 10 (Use of Hospital Auditorium) The following new Section 10 is added to the Agreement and Lease: 10. - Use of Hospital Auditorium The Hospital shall provide to the City for use by the City and its officials, officers, employees and agents for City events and meetings, use of the existing large auditorium on the Premises ( "Auditorium "), or such similar facility as may subsequently replace such auditorium, except to the extent that the Hospital requires the use of the auditorium for the Hospital's purposes on the proposed date of the City's use. As a condition to such use of the Auditorium, the City shall provide to the Hospital at least twenty (20) days, but not more than thirty (30) days, advance written notice of the date and time that the City proposes to use the Auditorium ( "Proposed Use Notice "); and if the Hospital fails to submit written notice to the City at least fifteen (15) days prior to the proposed date of the City's use, then the City shall be deemed to have the right to use the auditorium at the date and time set forth in the Proposed Use Notice. However, the City's use rights under this Section are subject to the following qualifications and conditions: a. The City shall be responsible for, and shall pay, any and all applicable costs that may be necessary for, or incurred in connection with, any City events held at the Auditorium, including without limitation (i) any costs associated with efforts determined by the Hospital to be necessary to facilitate parking for City events and for coordinating the parking needs of those attending such event with the needs of hospital patients, physicians and visitors, including without limitation valet costs, and (ii) any other costs associated with a City event at the Auditorium, including without limitation catering costs. If the Hospital incurs any such costs which are the City's responsibility hereunder, the City will reimburse the Hospital within thirty (30) days of receipt of an invoice for such costs from the Hospital. b. In order to minimize parking problems caused by the City's use of the Auditorium, the City shall only schedule meetings in the Auditorium after 5:30 p.m. C. The City's use of the Auditorium shall be limited to meetings related to the City's business or meetings expressly sponsored by the City (i.e. candidates' forums). 1010794.14 d. The City's rights to use of the Auditorium shall be permitted only to the extent the Hospital determines that such use does not (i) risk in any manner the Hospital's non - profit and tax - exempt status (including exemption from property taxes), under current or future laws, rules or regulations, or (ii) conflict with any current or future bond or financing covenants applicable to the Hospital or requirements for such bonds to remain tax exempt. e. The rights granted to the City pursuant to this Section 10 are personal to the City and not assignable to any other party. Accordingly, upon any assignment by the City of any or all of its rights under the Agreement and Lease, the rights granted to the City under this Section 10 shall automatically terminate. f. Notwithstanding the forgoing, if the Hospital determines at any time that the implementation of the provisions set forth in this Section 10 creates a hardship for the Hospital, including without limitation interfering with the Hospital's use of the Auditorium, the Hospital's ability to effectively manage Hospital operations or the maintenance, security or parking on the Hospital campus, then promptly upon the Hospital's request the Hospital and City shall modify the provisions of this Section 10 to the degree necessary to mitigate such adverse impacts in a manner reasonably acceptable to the Hospital. New Section 11 (Advance Consent to Successors' Use) 11. - Advance City Consent to Successor's Use The City and the Hospital acknowledge that the Secretary of Housing and Urban Development (the "Secretary ") has insured or will insure a deed of trust loan that will be used to update and expand the Hospital and related facilities operated on the Hospital's Premises (i.e. the Project Financing). The Secretary acknowledges that the use of the Premises for a hospital facility is the main consideration given by the Hospital in return for the City originally entering into the Lease and subsequently amending the Lease. Therefore, the City desires to maintain the use of the Premises as a hospital so long as it is a viable use and there is a need in the community for the Hospital. Therefore, if the Secretary becomes the holder of the Note insured by the Secretary or otherwise becomes the owner of the Hospital's leasehold estate in the Premises because of foreclosure, deed in lieu of foreclosure, or any other method, the Secretary will use its best efforts to maintain the use of the Premises for hospital purposes, and in furtherance of such efforts by the Secretary, the City hereby consents and agrees, pursuant to Section 5 -M of the Agreement and Lease, to the Secretary selling or transferring the Hospital's leasehold estate in the Premises to a non - profit, public or proprietary entity(ies) for: (i) use as a hospital; or (ii) any public uses, or such other uses, as may be permitted by the then current zoning restrictions. The Secretary will consult with the City to determine if the Premises are no longer viable as a hospital. If it is determined by the Secretary that the use of the Premises as a hospital is no longer viable, the Secretary may change the use of the Premises to a public use, or other use, that complies with the then current zoning restrictions and other relevant local laws of the City and otherwise comports with the uses of adjacent properties. This provision also constitutes a modification of the use provisions set forth at Section 3 of this Agreement and Lease, to expand the permissible uses of the Premises, as and to the extent described above in this Section. 1010794.14 9. No Further Changes Except as further amended by this Sixth Amendment to Agreement and Lease, said Agreement and Lease dated May, 28, 1953 as heretofore amended remains in full force and effect. . IN WITNESS WHEREOF, City and Hospital have executed this Sixth Amendment as of the Effective Date. City: Attest: By: City Clerk Approve as to Form: By: CITY OF ARCADIA, a municipal corporation By: Its: Mayor Hospital: METHODIST HOSPITAL OF SOUTHERN CALIFORNIA, a nonprofit California corporation C City Attorney Its: 1010794.14 EXHIBIT 1 TO SIXTH AMENDMENT TO AGREEMENT AND LEASE 207 AGREEMENT AND LEASE ADDENDUM Notwithstanding any other provisions of the Agreement and Lease, if and so long as the leasehold estate created by the Agreement and Lease (the "Agreement and Leasehold Estate ") is subject to a mortgage ( "Mortgage ") insured, reinsured, or held by the Federal Housing Commissioner (the "Commissioner ") or given to the Commissioner in connection with a resale, or the demised Premises are acquired and held by him because of a default under said Mortgage: 1. The Hospital is authorized to obtain a loan, the repayment of which is to be insured by the Federal Housing Commissioner and secured by a mortgage on the leasehold estate created under the Agreement and Lease. The Hospital is further authorized to execute a mortgage on this Agreement and Leasehold and otherwise to comply with the requirements of the Federal Housing Commissioner for obtaining such an insured mortgage loan. 2. If approved by the Federal Housing Commissioner, and subject also to the City's approval rights as set forth in the Agreement and Lease, which shall not be unreasonably withheld or delayed, the Hospital may assign, transfer or sell its interest in the Premises. In the event of a default under the Mortgage, the City approves in advance the assignment, transfer or sale of the Premises to the Commissioner. Upon a default under the Mortgage, the Commissioner, any mortgagee -in- possession, or any successor organization would have a right to occupy the leased Premises for hospital - related uses and any other uses permitted under the Agreement and Lease, as successor to the Hospital under the Agreement and Lease, so long as such party agrees to be bound by all of the terms and conditions of the Agreement and Lease. 3. (a) Insurance policies shall be in an amount, and in such company or companies and in such form, and against such risks and hazards, as shall be approved by such mortgagee and /or the Federal Housing Commissioner and also as approved by the City, which approval shall not be unreasonably withheld or delayed. These insurance requirements shall be in addition to, and not in lieu of, the insurance provisions for the protection of the City, as provided at Section 5 -K of the Agreement and Lease. However, the City and Hospital agree that the provisions in Section 5 -K of the Agreement and Lease, by which the Hospital provides indemnification, shall apply only to the extent such indemnified obligations are covered by insurance policies carried by the Hospital. (b) The City shall not take out separate insurance concurrent in form or contributing in the event of loss with that specifically required to be furnished by the Hospital to the mortgagee. The City may at its own expense, however, take out separate insurance which is not concurrent in form or not contributing in the event of loss with that specifically required to be furnished by the Hospital. 1010794.14 4. (a) If all or any part of the demised Premises shall be taken by condemnation that portion of any award attributable to the improvements or damage to the improvements shall be paid to the mortgagee or otherwise disposed of as may be provided in the insured mortgage. Any portion of the award attributed solely to the taking of land shall be paid to the City. After the date of taking the annual ground rent shall be reduced ratably by the proportion which the condemnation award paid to the City bears to the total value of all awards, including awards to the Hospital for loss of its leasehold interest. The parties acknowledge and agree that the City shall be entitled to that portion of any condemnation award relating to the value of the lost fee interest, taking into account the existence of the Agreement and Lease, and that the Hospital shall be entitled to the portion of any condemnation award payable based on the value of the Hospital's leasehold interest under the Agreement and Lease, and that any such amounts payable to the Hospital shall be paid over to the Mortgage holder or the Commissioner, as specified by the Commissioner, so long at the Mortgage remains in place. (b) In the event of a negotiated sale of all or a portion of demised Premises in lieu of condemnation, the proceeds shall be distributed and ground rents reduced as provided in cases of condemnation, but the approval of the Commissioner and the mortgagee shall be required as to the amount and division of the payment to be received. 5. The City agrees that, within ten (10) days after receipt of written request from the Hospital, it will join in any and all applications for permits, licenses or other authorizations required by any governmental or other body, other than the City or any division or department of the City, claiming jurisdiction in connection with any work which the Hospital may do hereunder, and will also join in any grants for easements for electric, telephone, gas, water, sewer and such other public utilities and facilities as may be reasonably necessary in the operation of the demised Premises or of any improvements that may be erected thereon; and if, at the expiration of such ten (10) days' period, the City shall not have joined in any such application, or grants for easements, the Hospital shall have the right to execute such application and grants in the name of the City, and, for that purpose, the City hereby irrevocably appoints the Hospital as its Attorney -in -fact to execute such papers on behalf of the City. 6. Nothing contained in this Agreement and Lease shall require the Hospital to pay any franchise, estate, inheritance, succession, capital levy or transfer tax of the City, or any income, excess profits or revenue tax, or any other tax, assessment, charge or levy upon the rent payable by the Hospital under this Agreement and Lease; provided, however, that nothing herein shall constitute a waiver of the Hospital's separate obligations to pay any taxes, assessments, levies or transfer taxes that are otherwise applicable to the Hospital under applicable law, regulations or ordinances, whether or not payable to the City. 7. Upon any default under this Agreement and Lease which authorizes the cancellation thereof by the City, the City shall give notice to the mortgagee and the Federal Housing Commissioner, and the mortgagee and the Federal Housing Commissioner, their successors and assigns, shall have the right at any time within six (6) months from the date of such notice to correct the default and reinstate the Agreement and Lease unless the City has first terminated the Agreement and Lease as provided herein. 1010794.14 At any time after two (2) months from the date a notice of default is given to the mortgagee and the Commissioner, the City may elect to terminate the Agreement and Lease and acquire possession of the demised Premises. Upon acquiring possession of the demised Premises, the City shall notify the Commissioner and mortgagee. The mortgagee and Commissioner shall have six (6) months from the date of such notice of acquisition to elect to take a new Agreement and Lease on the demised Premises. Such new Agreement and Lease shall have a term equal to the unexpired portion of the term of this Agreement and Lease and shall be on the same terms and conditions as contained in this Agreement and Lease, including without limitation the Lease provisions addressing the purposes for the lease at Paragraph 3 of the Lease, but excepting that the mortgagee's and Commissioner's liability for ground rent shall not extend beyond their occupancy under such Agreement and Lease. The City shall tender such new Agreement and Lease to the mortgagee or Commissioner within thirty (30) days after a request for such Agreement and Lease and shall deliver possession of the demised Premises immediately upon execution of the new Agreement and Lease. Upon executing a new Agreement and Lease the mortgagee or Commissioner shall pay to the City any unpaid ground rentals due or that would have become due under this Agreement and Lease to the date of the execution of the new Agreement and Lease, including any taxes which were liens on demised Premises and which were paid by the City, less any net rentals or other income which the City may have received on account of this property since the date of default under this Agreement and Lease. 8. All notices, demands and requests which are required to be given by the City, the Hospital, the mortgagee or the Commissioner shall be in writing and shall be sent by registered or certified mail, postage prepaid, and addressed to the address of the party as given in this instrument unless a request for a change in this address has been sent to the party giving the notice by registered or certified mail prior to the time when such notice is given. 9. This Agreement and Lease shall not be modified without the consent of the Federal Housing Commissioner. Acknowledged and Approved: City: CITY OF ARCADIA, a municipal corporation C Its: Hospital: METHODIST HOSPITAL OF SOUTHERN CALIFORNIA, a nonprofit California corporation Its: 1010794.14 LAW OFFICES OF 13121AN D. HECKbfANN 2'e04 HUNTINGfON DANE. SVITF. 2:.4 " I A %MARINO. CALIFONNIA I,IWA TEI.$Pr4i }NQ(026)2V!i I4A2 • rAX(6]E)21?I ZS.IV9,4 i EDSITg; Ie4Elulderlal. cam M,.I L., bMKRmIM ®)ella0.com ' p y FAX FIRST -CLASS MAI October 13, 2008 City of Arcadia Office of the City Clerk P.O. Box 60021 Arcadia, California 91066 Attention: Lisa Mussenden, Chief ]Deputy City Clerk P.F.: My Client: Ron Mills City of Arcadia vs Mille Case Number: BPS68599 Bear Ms. Mussenden: Pursuant to our October 13, 2008, telephone conversation, enclosed; please find the original Civil Compromise Agreement and Release of Claims that was executed by my client, Ron Mills, on October 3,:. 2008, and my attorney- client trust account check number 4000 dated October 13, 2008, for $250.00 and payable to the City of Arcadia far administrative costs incurred in the above - entitled action. Additionally, you stated that you would dismiss the above - entitled'' action upon receipt of the signed agreement and the $$250.00 payment. Please call me if you have any questions. Thank for your continuing courtesy and cooperation regarding this matter. Very truly yours, Drian D Heckmann Attorney -at -Law BID H:bdh Enclosures cc: client w /ens. f J 0 STAFF REPORT Office of the City Manager DATE: October 21, 2008 TO: Mayor and City Council FROM: Donald Penman, City Manager SUBJECT: ADOPT INTERIM URGENCY ORDINANCE NO. 2250 ESTABLISHING SECTION 65858 Recommended Action: Adopt SUMMARY Recently, the City has seen a proliferation of establishments that provide massage services in the City. Day spas, medical office uses such as chiropractors and acupuncturists, and other "health centers" have become more and more prevalent. These uses are typically permitted as legitimate businesses, but sometimes change, once established, into primarily massage uses. Business license requests for massage therapists have increased dramatically and the City has begun to receive complaints from residents on this issue. Therefore, staff recommends that the City Council adopt the attached interim urgency ordinance establishing a moratorium on the establishment of massage therapy businesses in order to craft a more comprehensive approach to regulating massage therapy businesses to avoid negative effects on the health, safety and welfare of the citizens of this community. BACKGROUND Existing regulations prohibit massage parlors or establishments in Arcadia. However, massage is allowed 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 Arcadia Municipal 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'. 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 to 9 applications per week. In one recent day, twelve (12) new applications or requests for applications were received and staff feels that there are just not that many legitimate establishments in this City to handle this kind of volume. The purpose of this interim urgency ordinance is to establish a forty -five (45) day moratorium on the approval or issuance of any business owner /operator identification card, massage therapist identification card, business license, building permit, or land use, zoning or other approval which pertains to the establishment or conducting of massage therapy businesses. For the reasons set forth in Sections 3, 6 and 7 of the proposed Interim Urgency Ordinance, staff believes and recommends that the City Council find that this moratorium is necessary for the immediate preservation of the public health, safety and welfare. Staff recommends that in order to protect the health, safety and welfare of the citizens of Arcadia, a moratorium should be placed on the establishment of massage therapy businesses until a study of their potential impacts can be completed. The adoption of this Interim Urgency Ordinance requires a four - fifths (4/5) vote by the City Council and, pursuant to Goverment Code Section 65858, may be extended after a public hearing prior to the expiration of the 45 days for 10 months and 15 days and again thereafter for an additional year. RECOMMENDATION That the City Council adopt Interim Urgency Ordinance No. 2250 establishing a moratorium on the establishment of massage therapy businesses pursuant to Government Code Section 65858. LM Attachment: Interim Urgency Ordinance No. 2250 2 ORDINANCE NO. 2250 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, ESTABLISHING A MORATORIUM ON THE ESTABLISHMENT OF MASSAGE THERAPY BUSINESSES PURSUANT TO GOVERNMENT CODE SECTION 65858 THE CITY COUNCIL FOR THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The purpose of this interim urgency ordinance is to establish a moratorium on the establishment of massage therapy businesses in the City of Arcadia ( "City ") to craft a more comprehensive approach to regulating massage therapy businesses to avoid possible negative effects on the health, safety and welfare of the citizens of the City. SECTION 2. The City Council enacts this interim urgency ordinance under the authority granted to cities by Article XI, Section 7 of the California Constitution, Section 51031 of the California Government Code, and Section 65858 of the California Government Code. SECTION 3. The City Council of the City of Arcadia hereby finds: A. The City has received applications for the issuance of business owner /operator identification cards and massage therapist identification cards, requests for business licenses, building permits, land use, zoning and other approvals for the establishment and /or conducting of massage therapy businesses. 1 B. The City is authorized by virtue of the California State Constitution and California Government Code section 51031 to regulate massage establislunents by imposing reasonable standards relative to the skill and experience `of massage operators and massage technicians, and reasonable conditions on the operation of massage establishments. C. There is significant risk of injury to massage clients by improperly trained and/or educated massage therapists, and the City has a legitimate interest in providing reasonable safeguards against injury and economic loss to such massage clients. D. Massage therapy businesses are businesses which involve significant intimate contact between persons which creates opportunities for acts of prostitution and other unlawful sexual activity to occur. E. The establishment of reasonable standards for the issuance of permits and restrictions.on operations of massage therapy businesses would serve to reduce the risk of illegal activity. F. The City is currently studying revised regulations to preserve the public health, safety and welfare as herein stated. SECTION 4. The purpose of this interim urgency ordinance is to establish a forty -five (45) day moratorium on the approval or issuance of any business owner /operator identification card, massage therapist identification card, 2 business license, building pennit, or land use, zoning or other approval which pertains to the establishment or conducting of massage therapy businesses for the inunediate preservation of the public health, safety and welfare. SECTION 5. For purposes of this ordinance, the teens defined below shall have the following meanings: A. "Massage therapist" shall mean any person who, for any consideration whatsoever, performs or offers to perform a massage in a massage therapy business. B. "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. SECTION 6. The City Council hereby enacts this interim urgency ordinance by not less than a four - fifths vote, and in light of the findings set forth in Section 3, under the authority granted to it by Article XI, Section 7 of the California Constitution and Section 65858(a) of the California Government Code, which allows the City to adopt an interim urgency ordinance, in order to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a zoning proposal that the City Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time. R SECTION 7. The City Council hereby finds and determines as follows: A. The absence of adequate regulation of the operations of massage therapy businesses and massage therapists, as well as the location of massage therapy businesses, constitutes an immediate threat to the public health, safety and welfare. The adoption of this ordinance is necessary for the immediate protection of the public safety, health and welfare. B. There have been documented cases of prostitution and other inappropriate behavior at massage therapy businesses in the City. C. There has been a recent significant increase in the request for massage therapist identification cards and business licenses related to massage therapists. D. Medical offices, including acupuncturists and physical. therapist offices, and day spas and salons currently have no limit as to the number of massage therapists they may hire. E. Based on the foregoing, the City Council finds that issuing business owner /operator identification cards, massage therapist identification cards, business licenses, building permits, or land use, zoning or other approvals which pertain to the establishment or conducting of massage therapy businesses, prior to the completion of the City of Arcadia's study of the potential impact of such facilities, poses a current and immediate threat to the public health, safety and welfare and that therefore a temporary moratorium on the issuance of such M business owner /operator identification cards, massage therapist identification cards, business licenses, building permits, or land use, zoning or other approvals which pertain to the establishment or conducting of massage therapy businesses is necessary. F. A temporary moratorium is not placed on the issuance of renewals of currently valid business licenses, owner /operator identification cards or massage therapist identification cards. However, for massage therapist applicants desiring to obtain business licenses wherein the business license has expired or the business has been closed for more than one (1) year, the moratorium shall be applicable. SECTION 8. The City Council hereby directs the Building Department, Code Enforcement, Development Services Department, Fire Department and Police Department to consider and study possible means of regulating massage therapy businesses, including zoning -based regulations and other regulations. SECTION 9. The City Council finds that this Interim Urgency Ordinance is not subject to the California Enviromnental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA 5 Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 10. If any provision of this Interim Urgency Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without. the invalid provision or application, and to this end the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. SECTION 11. This Interim Urgency Ordinance shall take effect immediately upon its adoption by at least a four -fifths vote of the City Council. This interim urgency ordinance shall continue in effect for forty-five (45) days from the date of its adoption and shall thereafter be of no further, force and effect unless, after notice and a hearing pursuant to California Government Code Section 65090, the City Council. extends this interim urgency ordinance pursuant to Government Code Section 65858. SECTION 12. The City Cleric shall certify the adoption _ of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days of its adoption. 6 Passed, approved and adopted this day of 1 2008. Mayor of the City of Arcadia ATTEST: City Cleric APPROVED AS TO FORM: Stephen P. Deitsch City Attorney