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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- • 0 3 �'o - 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. zonechange/096 -2cc T.A. 96 -002 May 7, 1996 Page 1 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. zonechange /ta96 -2cc T.A. 96 -002 May 7, 1996 Page 2 e �We lvm� 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. zonechange /ta96 -2cc T.A. 96 -002 May 7, 1996 Page 3 iowe 1"0 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. zonechange /tag&2cc T.A. 96 -002 May 7, 1996 Page 4 `W ""o 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 zonechange /ta% -2cc T.A. 96 -002 May 7, 1996 Page 5 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. G ll \ .11 ►l \ ►l . ■ \ 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. zonechange /ta96 -2cc T.A. 96 -002 May 7, 1996 Page 6 Y In 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" ■ • � : �1�j�L�1�I�� 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" zonechange /tag&2cc T.A. 96 -002 May 7, 1996 Page 7 �kw *40 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. zonechange /ta96 -2cc T.A. 96 -002 May 7, 1996 Page 8 �W `wro (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. zonechange /tag&2cc T.A. 96 -002 May 7, 1996 Page 9 n FIEFfiff.0111MM11:14 n 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. zonechangeha% -2cc T.A. 96 -002 May 7, 1996 Page 10 cm M 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. u ► :' 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 zonechange /ta96 -2cc T.A. 96 -002 May 7, 1996 Page 11 "%✓ Nft� 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 zonechange /ta96 -2cc T.A. 96 -002 May 7, 1996 Page 12 n M 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. zonechange /ta% -2cc T.A. 96 -002 May 7, 1996 Page 13 n n 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 zonechange /096 -2cc T.A. 96 -002 May 7, 1996 Page 14 1pip_ zy" 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. L�1V i I * f^y ' .7r) 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 PM:dli s o A:44 i`,- Li; • °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. 95gp/5-7funds Genera / l Plan Funds 4 rO.0l�qP w,�`%r C�0�d(74,4 May 7, 1996 Page 1 C•i- � PS R i"�M MG D • 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 95gp/5-7funds General Plan Funds May 7, i 996 Page 2 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 95gp/5-7funds General Plan Funds May 71, 1996 Page 3 l I • 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. 95gp/5-7funds General Plan Funds May 7, 1996 Page 4 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 95gp/5-7funds General Plan Funds May 7, 1996 Page 5