HomeMy WebLinkAboutMay 7, 1996• ANNOTATED AGENDA •
A G E N D A
Arcadia City Council
and
`MOORPORATSO , o Redevelopment Agency
Meeting
MAY 7, 1898
7:00p.m.
Council Chamber
INVOCATION Reverend Pam McKissick, The Santa An Church
PLEDGE OF ALLEGIANCE City Librarian, Kent Ross
ROLL CALL: Council Members Chang, Hirbicht, Lojeski, Young and Kuhn
1.
2.
PRESENTATIONS
All present
a. Presentation to the City from the Independent Cities Risk Management Authority
b. Presentation to the City from United Way (Louise Fasana)
C. Presentation of certificates to soccer teams
d. Presentation of certificates to environmental essay contest winner, Ted Snyder
and honorable mentions, Linda Bassett, Shirley Hung and Ganka Nikolova
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA
ITEMS - REPORTS /ANNOUNCEMENTS/STATEMENTS
MOTION: Read all Ordinances and Resolutions by title only and
waive reading in full.
3. PUBLIC HEARING
a. Report and recommendation to approve Text Amendment 96 -002
proposing revisions to certain sections of the Business License
Code of the Arcadia Municipal Code relating to new processing
procedures for parking lot promotional events, game machines and
sidewalk sales; revised fees for some uses such as fortunetelling,
daily vendor fees, advertising and distributing fees, and commercial
and entertainment fees; and requirement of business license fees
for garage sales, holiday boutiques, tipping fees, family care and
rental property.
4. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO
ADDRESS THE CITY COUNCIL
(NON- PUBLIC HEARING/FIVE- MINUTE TIME LIMIT PER PERSON)
5. MATTERS FROM ELECTED OFFICIALS
City Council Reports / Announcements /Statements /Future Agenda Items
City Mgr. Kelly,
May 14 Team Bldg.
Council Mtg.
Adopted 5 -0
ACTION
Partially approved
5 -0
Ed Bacon E.Steck
G. Marshall L.Rosco
W. Watchler H.Ellis
Angel Lin B.Pamplin
J. Gustafson N.McGrath
C. Freeman H.Spellmap
C.Doan .
See minutes
6.
7.
8.
ACTION
CONSENT
4 -2 Approved 4 -C
a. Minutes of the April 2 and April 16 regular meetings. as corrected
4 -16 Approved 5 -1
b. Report and recommendation to award a contract in the Approved 5 -0
amount of $20,955.00 to Vido Samarzich, Inc. for replacement
of the water system mainline valves.
C. Report and recommendation to award a contract in the amount of Approved 5 -0
$118,085.00 to D & M Construction for deficient sidewalk
replacement and handicap ramp construction.
d. Report and recommendation to approve an Agreement with the
Arcadia Unified School District for shared use of facilities.
e. Report and recommendation to approve additional Home
Improvement Funds in the amount of $40,000.00 for the
property located at 911 N. Second Avenue (Patricia Zimmer,
property owner).
f Report and recommendation to establish position classifications
in the Maintenance Services Department.
Approved 5 -0
Approved $20,000
5 9-
Continued to
5 -14 -96 Mtg.
g. Report and recommendation to appoint an Alternate Director to the AeLE2yed 5 -0
Los Angeles County Sanitation District.
CITY MANAGER
a. Report and recommendation to expand the Voluntary Emergency
Medical Subscription Program to include visitor coverage.
b. Status report on the residential solid waste collection process.
C. Request to amend the existing General Plan budget by $87,750.00
(from the Capital Outlay Fund) which includes all costs incurred
through: May 5, 1996 and projected costs for completion of the
General Plan Update.
CITY ATTORNEY
Approved 5 -0
Negotiate with
Newco, Approved
5 -0
A -
ma 1 notices onl,
as required &
direct staff to
finish Gen.Plan
as inexpensively
as possible.
a. Ordinance No. 2049 - ADOPTION -An Ordinance of the City Council Adopted 4 -00 ,
of the City of Arcadia, California adding Division 4 to Part 6, Mayor Kuhn
Chapter 2, Article 9 of the Zoning Ordinance establishing specific abstained
regulations for a Central Business District Zone (Text Amendment 96 -001).
-2-
ACTION
b. Ordinance No. 2050 - ADOPTION - An Ordinance of the City Council A,Q,_ted 4 -0,
of the City of Arcadia, California rezoning the property located at Mayor Kuhn
Northwest comer of Huntington Drive and Second Avenue from abstained
M -1 & D (Planned Industrial District with a Design Overlay) to
C -2 (General Commercial).
C. Ordinance No. 2051 - ADOPTION - An Ordinance of the City Council Adopted 4 -0,
of the City of Arcadia, California rezoning the property generally mayor Kuftn
located between Morlan Place on the West, Second Avenue on the abstained
East, Santa Clara Street on the North and extending south on
First Avenue to California Street from C -2 & D. C -2 DH4 and C -2 DH8
to C8D,. CBD H4 and CBD H8 (Commercial Business District with a High
Rise Overlay).
9. CLOSED SESSION
a. Pursuant to Government Code Section 54957.6 for conference with labor
negotiators Gary Rogers and/or Dan Cassidy regarding Teamsters Local 911,
AFSCME, Management and non - represented employees and to discuss public
employee discipline pursuant to Government Code Section 54957.
ADJOURN in memory of Christine Van Maanen to May it, 1996 at p.m.
and Harry W. Sanford. ADJOURNED AT 11:32 p.m.
-3-
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STAFF REPORT
DEVELOPMENT SERVICES DEPARTMENT
May 7, 1996
TO: Mayor and City Council
FROM: Donna L. Butler, Community Development Administrator
SUBJECT: Consideration of Text Amendment 96 -002 proposing changes to the
Business License Section of the Arcadia Municipal C V e
The City Council at its January 16, 1996 meeting after reviewing the staff report, directed
staff to proceed with this text amendment proposing changes to the Business License
Section of the Arcadia Municipal Code relating to:
1. new processing procedures for parking lot promotional events, game machines and
sidewalk sales;
2. adoption of revised fees for some uses such as fortunetelling, daily vendor fees,
advertising and distributing fees and commercial and entertainment fees; and
3. requirement of business license fees for garage sales, holiday boutiques, tipping
fees, family care and rental property.
The proposed changes and additions would result in the following: (1) establishes more
realistic and equitable fees for some uses such as fortunetelling, daily vendor fees, etc.;
(2) new processing procedures for parking lot promotional events, game machines and
sidewalk sales which will be more efficient and result in less staff time and cost to the
City and the applicants; and (3) provides an overall increase in revenues to the City by
requiring business license fees for garage sales, tipping fees, family care and rental
property.
The Development Services Department is recommending approval of the proposed text
changes.
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L §SER IMAGED
The following are proposed changes to Article VI of the Arcadia Municipal Code relating
to Businesses, Professions, Trades and Occupations. The report is broken down into
three sections "Proposed Fee Changes "; "New Processing Procedures" and "New
Business License Fees ".
WA 0o•;
Section 6220.7 of the Arcadia Municipal Code, AUCTIONS OR TEMPORARY
RETAIL SALES. establishes a $62.30 per day fee for a temporary retail business or
auction. Another section of the Business License Code (6220.38 SOUVENIRS,
ETC.) requires a daily fee of $24.90 for souvenir sales.
All vendors participating in events such as the Irish Fair, Greek Festival, the
Chamber of Commerce Country Fair, who do not have a City Business License are
required to secure a Business License and pay a daily fee of $24.90 (Souvenirs
sales, etc.) Under current code, if an event exceeds two (2) days a vendor pays
more than a business (with no employees) would pay for an entire year.
During the past year the Business License Office has received complaints regarding
the high fees and requests for a waiver or reduction of these daily fees. At this time
there are no provisions in the Municipal Code to allow the City to waive or reduce the
fees for commercial vendors.
The organizations sponsoring these events are typically non - profit, charitable or civic
organizations that use this type of event as a fund raiser. The organization is renting
space to vendors to participate in their event. To encourage vendors to participate,
many of the organizations have in the past paid all or part of the City Business
License fee.
The Development Services Department is recommending a code amendment which
would reduce the Business License fee for commercial vendors participating in non-
profit. charitable events to $8.50 per day for a three (3) day event and if the event
exceeds three (3) days the fee would be a flat fee $25.50 for the entire event.
The proposed fee would be fair to both the organization, the vendor and the local
merchants of Arcadia.
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We are further recommending that the Arcadia Municipal Code be amended to set a
limit on the number of days an event may run. Most events operated by
organizations run from 2 -3 days. Based upon our experience with the events held in
the City, a maximum limit of seven (7) consecutive days would be ample. Vendors
participating in separate events would not be permitted to carry over the number of
days for the Business License. The days of participation must be consecutive.
The Development Services Department recommends the following section be added
to the code:
6220.7.1 TEMPORARY RETAIL SALES SPONSORED BY ORGANIZATIONS.
For every retail sales vendor conducting business by the day from a temporary
location in the City and sponsored or organized and operated by a charitable,
non - profit, civic or religious organization, there shall be a daily fee of $8.50 for the
first three (3) consecutive days. If the event exceeds three (3) consecutive days,
there shall be one fee of $25.50. Events organized and sponsored as above
shall not exceed seven (7) consecutive days. Qualifying events must have a
Charitable Solicitation Permit approved and issued by the City.
This fee would increase each January the same as all other Business License fees.
A reduction in Daily Vendor fees would decrease revenue for the City about $1,200.
(based on 50, two day vendors). This reduction would also decrease the fees the
non - profit, charitable or civic organizations are paying the City in the form of
Business License fees for their vendors.
The Business License fee for Fortunetelling is $611.60 per year. The next highest
fee is $367.10 for Tip Sheet operators at the Santa Anita Race Track. City
regulations were changed in 1985 to permit Fortunetelling. At that time there was
concern about the number of Fortunetellers that would apply. In the 10 years that
Arcadia has permitted Fortunetelling there have been only two (2) licenses requested
and both were approved. Only one (1) person is still licensed and in business in the
City.
Neither the Development Services Department or Police Department have received
complaints regarding fortunetelling businesses.
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In order to make the fee more equitable with other businesses in the community, staff
is proposing the Business License fee for Fortunetelling be reduced to $367.10 per
year consistent with the fee for Tip Sheets since it is a type of "prediction" of an
outcome of events and that the code be amended to read as follows:
6220.27 FORTUNETELLING, ETC.
Those engaged in fortunetelling as defined in Section 6616 of the Arcadia
Municipal Code shall pay an annual fee of $367.10 per year.
A reduction in the Fortunetelling fee would decrease revenue for the City by $244.
There is only one fortuneteller so it would only reduce the one license fee.
\Ill � 1 1 \� \ _� S ►1/ \ � .1/
The filing fee for Commercial and Entertainment Permits applications submitted to
the Business License and Permit Review Board is $40.00. Some of the typical uses
for commercial applications include day care centers, care homes, trash haulers and
taxi drivers. Entertainment permits are required for such uses as dance floor permits,
circuses, and theaters. The $40 fee is to cover background investigation and
publication of the notice of Public Hearing. At this time the $40.00 fee does
even cover the cost of the legal notice in the newspaper. To cover City costs in the
preparation of reports, investigation and publishing notices the Development
Services Department is recommending the fee be increased to $150. This is more
consistent with the fees charged for Planning hearings and is consistent with the cost
analysis conducted by the Administrative Services Department.
Staff is proposing an increase in the required filing fee to $150.00 to cover the cost of
advertising and staff time. This fee would not be included in the annual automatic
increase, but would be adjusted on an "as needed" basis to cover processing costs.
6311.9 FEE.
Each application for a permit for any business for which such a permit is required
by any provision of this Code shall be accompanied by the payment of $150.00 to
cover the cost of advertising and investigation relative to such application.
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The filing fees for Commercial and Entertainment permits would increase by $110.00
each (from $40 to $150). The cost for publishing notices in the Star -News is about
$58 and does not include staffs time for notice preparation, staff investigation and
report.
�VICYTI ` 9191
The Business License fee for distribution of advertising material is currently a daily
fee. The fee for 1996 is $125.90 per day. If a company distributed once a week in
the City and paid the daily fee the annual amount would be $6,546.80. This annual
amount has been questioned by legal counsel for distribution companies as
excessive. The City Attorney has reviewed the law and recommends that the fee be
revised per staffs recommendation. Staff is recommending a fee of $150.00 which is
comparable to the fees charged in other cities based upon a current survey of
surrounding communities.
The Development Services Department recommends the following section be
amended to read:
6220.2. ADVERTISING AND DISTRIBUTING.
For every person who distributes posters, dodgers, free samples and printed
advertisements, One Hundred Fifty Dollars ($150.00) per year. This subsection
shall not apply to the proprietors of businesses in the City when advertising such
business and possessing a valid Business License for such business.
1- =131115
Parking Lot Promotional Events require an Entertainment Permit from the City.
Filing for this permit requires payment of a filing fee and a 2 -3 week waiting period for
a Public Hearing to be held with the Business License and Permit Review Board.
Parking lot promotions can range from very small events taking place outside of a
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business to extensive use of the parking lot area with equipment, food and
attractions.
Regulations that control the use of parking lots are covered in Code Sections 6415
through 6415.6.
One of the most common parking lot events is when banks, mortgage companies or
real estate offices host anniversary celebrations with a tent, sometimes music, food
and drink. The Chamber of Commerce mixers also are often held in parking areas
of local businesses.
Staff is recommending that Parking Lot Promotional Events be moved from
Entertainment Permits to Miscellaneous Permits. This would eliminate the need for
a public hearing with the Business License and Permit Review Board and would be
less expensive for the person requesting the permit. The special regulations relating
to "Promotional Entertainment Events, Parking Lots" would not change and
department review would still be required prior to issuance of a permit.
Delete section 6323.26.5 PROMOTIONAL ENTERTAINMENT EVENTS, PARKING
LOTS. from "Entertainment Permits"
Add 6325.4 PROMOTIONAL EVENTS, PARKING LOTS. to "Miscellaneous Permits"
Parking Lot Promotional Events, Game and Amusement Machines and Sidewalk
Sales moved to Miscellaneous Permit would not impact revenue as we do not charge
a Business License fee.
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The definition of "Game Arcades" recently changed from seven (7) or more game
machines to four (4) or more game machines. Any business location installing four
(4) or more machines is required to have a Conditional Use Permit and an
Entertainment Permit. The Business License code requires an Entertainment permit
and public hearing for all game machines. Over the years the City has had only one
problem with a business with game machines which required Police action. This
was in a liquor store that had a game machine without a permit.
Regulations that restrict the placement and use of game and amusement machines
are covered in Code Sections 6411 - 6411.5.
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Staff is recommending that Game and Amusement Machines (three or less) be
moved to Miscellaneous Permits. This would eliminate the need for a Public
Hearing with the Business License and Permit Review Board but would maintain the
existing special regulations and require department review in the issuance of the
permit.
Delete 6323.14 GAME MACHINES from "Entertainment Permits ".
Add 6325.5. GAME MACHINES to "Miscellaneous Permits ".
Sidewalk Sales require the approval of a Commercial Permit. Filing for this permit
requires payment of a filing fee and a 2 -3 week waiting period for a Public Hearing to
be held with the Business License and Permit Review Board. Sidewalk Sale
regulations limit the placement of the sale items and the number of days the sale can
be held.
Sidewalk sale regulations are covered in Code Sections 6439.1 - 6439.2.
Staff is recommending that Sidewalk Sales be moved from Commercial Permits to
Miscellaneous Permits. This would simplify the process and eliminate the need for a
Public Hearing with the Business License and Permit Review Board but would
maintain special regulations and require department review in the issuance of the
permit.
Delete 6324.18.5 SIDEWALK SALES from "Commercial Permits ".
Add 6325.6. SIDEWALK SALES to "Miscellaneous Permits"
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At the present time Holiday Boutique sales from residential addresses are issued a
Garage Sale permit. The Holiday Boutique is different from the regular "garage sale"
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because boutiques are similar to a business activity. In some cases several people
make holiday items and sell them at one location. This is a variation from regulation
6437.2 (b) which states: "No goods, wares or merchandise shall be offered for sale
or sold at such sale other than used property owned exclusively by the owner, tenant
or occupant of such residence. New goods shall not be sold at garage sales..." An
addition to the regulations and an amendment to the title would include Holiday
Boutiques. The City does not charge for Garage Sale Permits.
We are recommending that Holiday Boutiques be added to the Miscellaneous
Permits and that a fee be required for this activity.
A Holiday Boutique Permit could be issued to a group of people or an individual
holding a sale of hand - crafted items, crafts and new merchandise for a limited
number of days. We are proposing a fee of $8.50 per day with the limit of three (3)
consecutive days, twice a year. If a person conducts a boutique six (6) days per
year the total fee would be $51.00. The fee for a merchant with no employees from
a commercial location is $62.30 per year. The fee for Holiday Boutiques would
include this limited business activity in the fee structure.
If a Holiday Boutique Sale is held at a commercial location the fee would be $8.50
per day with a limit of three (3) days, three (3) times per year. The limited days
could be increased because there would be no impact on residential properties. The
following should be added to the "Schedule of Fees ":
6220.19 HOLIDAY BOUTIQUES
For every Holiday Boutiques Sale held from a residential location in accordance
with the regulations in 6437.1.2 and 6437.2 the fee of $8.50 per day with limit of
$51.00 per year. Sales from a commercial location $8.50 per day with a limit of
$76.50 per year.
add, 6325.7 HOLIDAY BOUTIQUES to "Miscellaneous Permits"
The following regulations shall be added to "Patio, Garage and /or Back Yard Sales --
Permits and Conditions ":
6437.1.2 HOLIDAY BOUTIQUES
Holiday Boutiques held on residential property shall have a central cashier and
hand crafted items, crafts and merchandise of a new nature shall be the property
of the participants of the event.
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(a) An application specifying relevant information as to the dates, time,
place and a general description of the items to be sold is on file at the office of the
Business License Officer and a written permit has been issued for the sale. One
permit shall authorize no more than two (2) sales per calendar year at a give
location. One (1) "sale" shall be for no more than three (3) consecutive days.
(b) Regulations 6437.2 subsections (c) through (g) shall apply to Holiday
Boutiques with proper permits and in complete compliance with all other
conditions of the Division.
(c) Holiday Sales meeting the requirements of this section but held from a
commercial location will be limited to three (3) consecutive days, three (3) times
per year.
Holiday Boutique fees would increase revenue by about $425 for sales from
residential locations and $153 from commercial locations.
The City issues a Miscellaneous Permit for Patio, Garage, and /or Backyard Sales.
There is no fee charged for the permit. The Business License Office issues over
600 permits a year and the City is receiving no revenue.
Staff is recommending a fee of $5.00 per permitted sale. The permit can be issued
for two (2) consecutive days, twice a year. The maximum fee collected would be
$10.00 per year, per location. The following should be added to the "Schedule of
Fees ":
6220.26. PATIO, GARAGE AND /OR BACK YARD SALES FEE
For every person conducting a Patio, Garage and /or Back Yard Sale from their
residence with a permit and in compliance with the regulation in Division 7 a fee
of $5.00 per permit with a limit of $10.00 per year for each location.
Garage Sale fees would increase revenue by $3,000.
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Within Arcadia there is one location where mining of gravel and rock has taken place.
The City charged a Business License fee of 1% of the gross receipts. The fees
were paid quarterly. The gravel quarry was closed in 1990 and may at some time be
considered as a landfill. We feel it is appropriate to establish "tipping" or dumping
fees.
Staff is recommending that the Business License section be amended to add a
Tipping fee of 1 % of the gross receipts, to be paid quarterly for any landfill area. This
would be consistent with fees adopted in other cities. The following should be added
to the "Schedule of Fees ":
6220.25 MINING AND /OR TIPPING
For every person engaged in the business of extracting, excavating or exploiting
natural resources such as rock, sand, gravel or other rock products, the sum of
one percent (1 %) of the gross receipts derived by such person from the sale
thereof.
For every person engaged in the business of receiving any material authorized for
a classified or unclassified landfill the sum of one percent (1%) of the gross
receipts derived by such business.
Tipping or landfill fees would not increase revenue at this time as the City does not
have a landfill. Revenues would increase if one were to be opened.
.0 H N ROM,
The City does not require a Business License or a Permit for (Family) Child Care in
the home. A State License is required for care of two (2) or more children or adults
from two (2) different families. There are two (2) types of Family Day Care licenses,
up to six (6) children or adults and over six (6) and up to twelve (12). A Fire
Department inspection is required for the license to care for over six (6) children or
adults. No Fire Department inspection is required for the care of six (6) or less
children.
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Staff is recommending the occupation of Family Care be added to the Business
License fee section. There would be no special regulations because the State
regulates and licenses Family Care centers and their regulations would supersede
the City's regulations. To be consistent with other occupations a Business License of
$62.30 per year should be added to the Code. The following should be added to the
"Schedule of Fees ":
6220.19 FAMILY CARE
For every person engaged in the business of care of two (2) or more children (or
adults) from two (2) different families and having a license from the State of
California Department of Social Services, $62.30 per year. The code section
9285.1 through 9285.17 does not apply to this occupation.
Family Care in the home would increase revenue by $1,806. The Fire Department
has the name and address of 29 locations where residential care for 6 to 12 people
takes place. The Business License Office does not have the information or number
of residence that are for 2 to 6 people.
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The Code requires a Business License for Apartments of four (4) units or more and
Commercial Rental property of two (2) units or more. Residential rental property is
an investment and may be considered a business for the owner. A change in the
Code to include single family rentals, duplexes and triplexes would cover all types of
real estate investment for rent.
Staff is recommending that Business License fees be added for single family rentals,
duplexes, triplexes and the fee for apartments be changed to the base fee for the
first unit and an additional fee for each unit after one. To include duplexes and
triplexes, the definition of apartment house and bungalow court will need to be
changed and a definition for a single family rental will need to be added. The
following are proposed changes and additions to the "Definitions" Chapter of the
Business License Code:
6104. APARTMENT HOUSE
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Apartment House shall mean any building or portion thereof which is designed,
built, rented, leased, let or hired out to be occupied or which is occupied as the
home or residence of two or more families living independently of each other and
doing their own cooking in said building, and shall include flats and apartments.
6107. BUNGALOW COURT
Bungalow Court shall mean two or more separate or connected dwelling units on
any one parcel or contiguous parcels of land.
6129.1. SINGLE FAMILY RESIDENTIAL RENTAL
Single Family Residential Rental will mean any single family home that is rented
and occupied by someone other than the legal owner of the property and house.
Staff is further recommending the following fees for rental units:
6220.6. Apartments.
For every person engaged in the business or occupation of conducting an
apartment house, Forty -nine Dollars and 30/100 ($49.30) per year for the first unit
plus Twelve Dollars and 70/100 ($12.70) for each additional rental unit.
6220.6.1. Bungalow Court
For every person engaged in the business or occupation of conducting a
Bungalow Court of two or more separate or connected dwelling units on any one
parcel or contiguous parcels of land, Forty -nine Dollars and 30/100 ($49.30) per
year for the first unit plus Twelve Dollars and 70/100 ($12.70) for each additional
rental unit.
6220.6.2. Single - Family Residential Rental
For every person engaged in the business or occupation of rental of a single -
family residence that is not occupied by the legal owner of the property and
dwelling, Forty -nine Dollars and 30/100 ($49.30) per year. for the first uni plus
Twelve Dollars and 70/100 ($12.70) for each additional rental unit
Apartment, Duplexes, Triplexes and Single Family Rental Property fees would
increase revenue by $17,212. At this time we do not know the number of single
family, duplex and triplex rentals exists within the City. If this text change is
approved, the City will proceed with obtaining this information by reviewing water
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billing records and the County Tax Assessors' tax. The proposed fees would result
in an increase in revenues because the City currently does not require any license
fee for these uses.
The proposed amendments are exempt from the California Environmental Quality Act
per Section 15061(b)(3).
The proposed changes could result in an increase in Business License revenues of
approximately $24,000.
The proposed regulations were sent to the Chamber of Commerce and the Board of
Realtors on January 23, 1996 for their comments. Attached are the letters received from
both the Chamber and the Board of Realtors.
The Executive Committee of the Chamber reviewed the proposed changes and agrees
with the staffs recommendation. The Board of Realtors expressed concern regarding
the licensing of single family residents, duplexes, triplexes and the increase in fees to
apartment houses. (See the attached letters.)
Notice of tonight's meeting was sent to both parties.
The Development Services Department recommends approval of the proposed changes
to the Business License Section of the Code as set forth above.
If the City Council intends to take action to approve this text change or any portion
thereof, the Council should direct staff to prepare the appropriate ordinance for adoption
at a later meeting.
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If the City Council intends to take action to deny this text change, the Council need only
to move for denial (no ordinance is necessary)
Attachments: Letter from the Arcadia Board of Realtors, Inc.
Letter from the Arcadia chamber of Commerce
Approved: wrg&
William R. Kelly, City Manager
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6S. S7Cared 104r
67.2.01 .*
c."'° rsv" STAFI REPORT
MAINTENANCE SERVICES DEPARTMENT
DATE: MAY 7, 1996
TO: MAYOR AND CITY COUNCIL
FROM: PAT MALLOY, MAINTENANCE SERVICES DIREC R
SUBJECT: FINAL;AGREEMENT WITH THE ARCADIA UNIFIED SCHOOL DISTRICT
FOR SHARED USE OF FACILITIES
SUMMARY •
In the past,the City of Arcadia and the Arcadia Unified School District shared six(6) facilities for
the common use of the City and the District. Several of these agreements were entered into any
years ago and have expired. For ease of administration, the City agreed to consolidate the
agreements into one interim agreement approved at the February 6, 1996 City Council meting.
After reviewing the various facilities, it is recommended that City Council authorize the City
Manager to enter into a final"Agreement"with the District for shared use of only three(3)facilities.
DISCUSSION
The City of Arcadia and the Arcadia Unified School District have entered into several joint use
agreements over the past 20 to 30 years for the purpose of sharing school playgrounds and Cl rks
that are adjacent to one another for recreation uses. These agreements outline maint4nance
responsibilities and shared use of Arcadia High School, Baldwin Stocker School, Camino Grove
Park,Highland Oaks Elementary School, Holly Avenue School and Hugo Reid Primary School.
After City and School staff reviewed the various sites it was agreed by both parties that the following
facilities are no longer shared and should be excluded from the agreement:
Baldwin Stocker: No longer a shared facility; District will maintain.
Camino Grove Park: The park and school are clearly separate facilities; City will
maintain the park and the school will maintain their facilities.
Highland Oaks: No longer a shared facility; District will maintain.
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May 7, 1996
Mayor and City Council
Page 2
The following three sites are still shared facilities and are part of the new agreement:
Arcadia High School: Baseball field lighting, swimming pool,tennis courts and the
athletic track.
Holly Avenue School: Tennis Courts.
Hugo Reid Primary School: Tennis Courts, little league ballfield and general turf and
landscaped areas.
The School Board approved this"Agreement" at their February 27, 1996 Arcadia Unified School
District Governing Board Meeting.
FISCAL IMPACT
Administration of a single contract,reduction in the number of facilities maintained and time spent
monitoring several facilities will result in a general cost savings for both agencies.
' RECOMMENDATION
It is recommended that City Council authorize the City Manager to enter into an"Agreement"with
the District for shared use of three (3)facilities on a form approved by the City Attorney.
Approved by: An-Likil
• - William R. Kelly, City Manager
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°RP°$tY STAFF REPORT
DEVELOPMENT SERVICES DEPARTMENT
May 7, 1996
TO: Mayor and City Council
FROM: Donna L. Butler, Community Development Administrator
SUBJECT: Request to Amend the existing General Plan Budget by $87,750 (from the Capital
Outlay Fund) which includes all costs incurred through May 5, 1996 and projected
costs for completion of the General Plan Update process
•
SUMMARY
On April 2, the City Council continued its consideration of the Development S rvices
Department's request to allocate additional funds for the preparation of the General Plan Update
and related Environmental Impact Report (EIR)"to tonight's meeting. The Council authorized the
City Manager to pay bills related to this project through May 5, 1996, and directed staff to bring
back to City Council a projection of costs to complete the General Plan.
The Development Services Department is requesting that the City Council authorize the General
Plan budget to be increased by a total of$87,750 for the completion of the General Plan Update
and the related EIR. This amount includes expenditures incurred through May 5, 1996, and
projected funds required to complete the General Plan Update process.
• DISCUSSION
In March, 1995, the City Council authorized the expenditure of$160,000 from the Capital Outlay
fund for professional•and legal services in the preparation of the General Plan Update.
. On November 21, 1995, the City Council authorized an additional allocation of$73,050 from the
Capital Outlay Fund for the General Plan Update program. The total budget approved t rough
November 21, 1995 for the General Plan Update is $233,050.
• On April 2, 1996, the Development Services Department requested additional funding in ItIhe to
complete the General Plan Update and related EIR. At that time the City Council continued its
consideration to May.7 with the request that staff bring back a projection of costs to complete the
General Plan. The City Council also authorized the City Manager to pay all bills related fo this
project through May 5, 1996.
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As of May 5, the Development Services Department has paid a total of$280,462 for the General
Plan Update and related EIR; $229,797 for LSA Associates, $29,881 for Freilich, Kaufman, Fox
& Sohagi (legal counsel); $8,250 for Agajanian &Associates and $12,533.45 for City expenses.
The Development Services Department is requesting that the City Council approve a 'revised
total budget for the General Plan Update in the amount of $320,800; this is an adr itional
$87,750 from the Capital Outlay Fund which includes all costs incurred through May 5 ($47,412)
and the costs for completion of the General Plan Update ($40,338).
The following is a summary of the additional costs relating to the request for budget amendment:
Consultant Costs - LSA Associates. Inc.
Since, November there are several issues which staff and special counsel felt shopld be
addressed more thoroughly in both the General Plan Update and the EIR including the Rodeffer
property, compliance with the State Housing laws, integration of water, sewer and drainage
reports in the EIR, inclusion of Senate Bill 901 provisions and additional traffic studies and
revisions.
The City requested LSA Associates to submit a budget amendment to their contract which
addresses all these issues. LSA Associates has submitted an amendment in the amount of
$25,000. The current contract including the November, 1995 budget amendment f4 LSA
Associates is $204,280. The new budget revision in the amount of $25,000 will bring the total
contract up to $229,280 (not including reimbursables); the new scope of work includes:
1. Inclusion of Environmental Analysis related to water, sewer and drainage master plans: The
City requested LSA to incorporate an environmental analysis of the City's water, sewer and
drainage master plans into the General Plan Update EIR; these master plan docume its are
still in draft form; however, the data was included as technical references in order to evaluate
the full impacts of General Plan implementation.
2. Additional Traffic Study Review and Revisions: Subsequent to the original staff review and
revisions to the General Plan traffic impact analysis (TIA), City staff and consdltants
undertook a second review of the final document. The study focused on clarification of traffic
analysis methodology.
3. Inclusion of Senate Bill (SB) 901 Provisions: Additional staff time was needed to research
and prepare notices to comply with the provisions of the newly passed SB901. Thais bill
became effective on January 1, 1996 and the work was not specified in the original scope of
work nor anticipated by staff due to the newness of the legislation. The additional work
involved research needed for noticing/documentation and notifying the City's water provider
in response to the legislation which was not included in the original scope of work.
4. Inclusion of Rodeffer Issues: The City requested additional detail regarding filling of the
quarry and ultimate operation of industrial uses on the Rodeffer property. The expanded
level of analysis required to address issues identified by the City's Special Counsel required
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May 7, i 996
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modification to project specific, cumulative and alternatives analyses conducted for the
Screencheck EIR. The original scope of work did not include assessment of a land use
designation change on the Rodeffer property or the filling of the property with inert material.
In addition, the City specifically requested that additional detail/assessment of the interim
and ultimate activities on the Rodeffer property be included in the GP Update EIR. This
assessment included expansion of analysis, revision to the three land use alteinatives
assessed in the already completed Alternatives Report to accommodate a range of
residential development concepts.
5. LSA's contract includes attendance at four (4) public hearings on the General Plan Update
and the EIR (two before the Planning Commission and two before the City Council. LSA
staff has already attended three (3) public hearings before the Planning Commission and will
be attending at least two (2) more Planning Commission meetings (on May 14 and May 16).
In addition, it is _anticipated that there will be at least two (2), perhaps three (3) public
hearings before the City Council. Depending on the number of LSA staff persons present at
the meeting, the average cost per meeting is $750.00.
6. As part of the certification of the EIR, the City must prepare specific findings and adopt the
appropriate resolution. LSA will assist the City in preparation of all staff reports and related
evidence to support all findings.
Consultant Costs - IWA Engineers
IWA Engineers assisted the City and Boyle Engineering, (the City's consultant who is preparing
the Water, Sewer and Drainage Master plans), in preparation and coordination of the Water,
Sewer and Drainage Technical Reports which have been incorporated as technical appendices
in the Draft EIR. The costs for this work was $1,500. If the City wishes to utilize the seniices of
IWA for review and comment on the GP EIR, the cost would be approximately $1,250. The total
costs for IWA services would be $2,750.
Special Legal Counsel - Freilich, Kaufman. Fox & Sohagi
The original contract with Freilich, Kaufman, Fox and Sohagi for legal services related to the
General Plan Update and the Draft EIR is in the amount of$10,000. The expanded scope of the
Draft General Plan Update and the Draft EIR, has required more active participation of the City's
special counsel in reviewing each of these documents.
The Development Services Department is recommending that Freilich, Kaufman, Fox & Sohagi's
contract be amended in the amount of $30,000;. $20,900 is for extensive review to date of all
draft reports, review of legal notices and research of various land use issues posed by the Santa
Anita Entertainment Center (SAEC) project and the Rodeffer quarry. Ms. Sohagi is co-dounsel
with the City Attorney on the Rodeffer related issues and special counsel on the SAEC prd'ect.
In addition, $9,100,.should be allocated for the remainder of the General Plan process:
• Reviewing comments and revising responses to comments on the EIR
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• Working on staff reports on the General Plan and the EIR
• Attendance at Planning Commission and City Council hearings
• Resolution, Ordinance and findings review
• Legal review of public notices
The $9,100 is an estimate. Freilich, Kaufman, Fox & Sohagi is subject to a legal services
agreement prepared by the City Attorney which precludes services beyond estimates without
adequate justification.
City Expenses
In November, the City Council approved a total of $7,755 to pay for City costs and co sultant
reimbursables relating to: publication in the newspaper of public meetings, printing and ailing
of public hearing notices, costs for reproduction of all notices, and copies of the EIR and the
General Plan Update.
Because of the importance of the General Plan Update, the City Council authorized the mailing
of public hearing notices to all property owners within the City as well as all persons on the City's
mailing list.
The Development Services Department estimated the additional costs to the City for mailing the •
public hearing notices, printing of additional copies of the Draft EIR and the General Plan Update
and consultant reimbursables to be approximately $30,000. This is in addition to the $7,755
already approved in November, 1996
At the April 2 meeting, questions were raised as to why Santa Anita is not paying the full share
of costs for the inclusion of the Commercial Entertainment designation in the General Plan. It is
the responsibility of the City, not a property owner, to determine the appropriate distribution and
location of land uses for housing, business, industry, open space, education, public buildings
and grounds, and other categories of public and private uses of land.
The concept of the General Plan Update preceded any discussion in the community of a
commercial entertainment center on the Santa Anita property. The General Plan along v(ith all
the technical appendices needed to be updated regardless of the land use at the race track.
On April 6, 1995, Santa Anita Realty Enterprises entered into a reimbursement agreement with
the City. Through the reimbursement agreement, Santa Anita is reimbursing the City for all
costs related to their Specific Plan application and for any costs relating to the General Plan
Update that is over and above those costs that the City would normally incur as part of the
Update. As of this date, the General Plan fund has been reimbursed $19,803 for direct costs
relating to Santa Anita.
In addition, much of the information included in the General Plan Update relating to the Santa
Anita property has been extrapolated from studies prepared as part of the Specific Plan EIR,
which has been paid for by Santa Anita.
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At this time, the above costs are the City's best estimate of additional funds necessary to
complete the General Plan Update and the EIR. If it should be necessary for more public
hearings, or if there is any additional work requested by the Planning Commission or City
Council that is not included in the consultant's scope of work, there could be additional costs to
the City.
FISCAL IMPACT
The Administrative Services Director has indicated that there are sufficient "unbudgete funds"
in the Capital Outlay Fund for the additional $87,750 for the General Plan Update and related
EIR. There wiii be some cost recovery as a result of the sale of the General Plan Update and
EIR documents.
RECOMMENDATION
The Development Services Department recommends that:
1. The City Council approve the increase in the General Plan Budget of $87,750 to cover all
costs incurred through May 5, 1996 and projected costs for completion of the Gene al Plan
Update and EIR; .
2. Direct the City Manager to amend the General Plan Agreements with LSA Associates, Inc.
and Freilich, Kaufman; Fox and Sohagi accordingly.
k.i. (I 1 A t`
AApproved b �
PP Y• •
William R. Kelly, City Manager
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