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Home My WebLink AboutAugust 5, 1997August • • 6:00 f: ACTION ROLL CALL: Council Members Chang, Kovacic, Kuhn, Young and Harbicht All Present 1. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO No one spoke ADDRESS THE CITY COUNCIL /REDEVELOPMENT AGENCY (NON- PUBLIC HEARING/ FIVE MINUTE TIME LIMIT PER PERSON) 2. Report and discussion regarding Economic Development Strategy. 3. CLOSED SESSION Discussion - Walk through Downtown area Sat. Aug. 23, 8 a.m. a. Pursuant to Government Code Section 54956.9(c) regarding the Closed Session initiatlon of potential litigation (one case). 6:32 p.m. 7:00 p.m. Reconvened in Council Chamber Council Chambers INVOCATION Rev. Bruce Erwin, Chaplain, Arcadia Methodist Hospital PLEDGE OF ALLEGIANCE Pat Malloy, Director of Maintenance Services ROLL CALL: Council Members Chang, Kovacic, Kuhn, Young and Harbicht All Present 4. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING City Mgr. Kelly re AGENDA ITEMS. Economic Dev. & Closed Session 5. QUESTIONS FROM CITY COUNCIL /REDEVELOPMENT AGENCY REGARDING AGENDA ITEMS See Mintues MOTION: Read all Ordinances and Resolutions by title only and waive Adopted 5 -0 reading in full. 1 a. Conduction of public hearing and report on tabulation of ballots b. Consideration of Fire Suppression Assessment Resolution No. 6007, A Resolution of the City Council of the City of Arcadia, California, establishing a Fire Suppression Assessment to finance Fire Suppression Services. or, C. Consideration of motion to abandon proceedings. .*I 10 R a. Report and recommendation to adopt Resolution No. 6005, A Resolution of the City Council of the City of Arcadia, California, finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Implementation Report in accordance with the California Government Code Section 65089. Pub. Hrg. Closed Motion to Abandon Proceedings 5-0 Adopted 5-0 b. Report and recommendation to confirm weed abatement charges to Confirm Charge affected private property owners within the City of Arcadia. - List 5-0 8. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO M. Spencer ADDRESS THE CITY COU NCI L/REDEVELOPM ENT AGENCY F. Wood (NON-PUBLIC HEARING/ FIVE MINUTE TIME LIMIT PER PERSON) City Council Reports /Announcements /Statements /Future Agenda Items See Minutes RECESS CITY COUNCIL 10. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY ROLL CALL: Agency Members Chang, Kovacic, Kuhn, Young and Harbicht All Present a. Minutes of the July 15, 1997 regular meeting. Approved 5-0 ADJOURN Redevelopment Agency to August 19, 1997 at 6:00 p.m. 2 *K91 ► ► ICEN I WrOTO-1111reffill MNEENTORMWITH WROM a. Minutes of the July 15, 1997 regular meeting. Approved 5 -0 b. Report and recommendation to award a contract in the amount of Approved 5 -0 $21,800.00 to John L. Hunter and Associates, Inc. to provide engineering services for the design of the Annual Industrial Waste Program and the National Pollution Discharge Elimination System Program. C. Report and recommendation to direct staff not to initiate action to Approved 5 -0 collect the penalty asessed to Southern California Edison for late payment of Utility User's Tax monies. d. Report and recommendation to approve the design review of the Approved 5 -0 exterior alterations for the proposed "Todai" restaurant at the Santa Anita Fashion Park Mall at 400 S. Baldwin Avenue. e. Report and recommendation to adopt Resolution No. 6006, A Adopted 5 -0 Resolution of the City Council of the City of Arcadia, California, regarding daytime truancy. 12. CITY ATTORNEY a. ADOPTION - Ordinance No. 2074, An Ordinance of the City Council Adopted 5 -0 of the City of Arcadia, California, amending Sections 3214.4 and Add perjury phrase 3214.5 of Article III, Chapter 2. Part 1, Division 4 of the Arcadia to application & Municipal Code relating to parking permit fees (Uniform Traffic review in one year Ordinance). b. INTRODUCTION - Ordinance No. 2075 - An Ordinance of the City Introduced 4 -0 with Council of the City of Arcadia, California adding a high rise (1-18) overlay 1 abstention to the C -2 zoned property located at the northwest corner of Huntington Drive and Second Avenue. ADJOURN City Council to August 19, 1997 at 6:00 p.m. Adjourned at 9:30 p.m. I 03_�%J -i7 G DATE: AUGUST 5, 1997 TO: MAYOR AND CITY COUNCIL FROM: WILLIAM R. KELLY, CITY MANAGER-" BY: LINDA GARCIA, ADMINISTRATIVE COORDINATORS SUBJECT: RECOMMENDATION TO DIRECT STAFF NOT TO INITIATE ACTION TO COLLECT THE PENALTY ASSESSED TO SOUTHERN CALIFORNIA EDISON FOR LATE PAYMENT OF UTILITY USER'S TAX MONIES SUMMARY The Arcadia Municipal Code requires utility service suppliers, such as Southern California Edison, to report and remit utility user's taxes to the City of Arcadia on a monthly basis. Taxes collected which are not paid by the due date become delinquent and subject to a penalty of 15% of the total tax collected. Southern California Edison's May 1997 payment of utility tax monies was received ten days late which causes the City to levy an $18,965.80 penalty upon Edison for delinquent payment. By way of the attached letter, Edison has requested that the City waive this penalty. For reasons discussed in this report, staff recommends that the City Council direct staff not to take action to collect the referenced penalty from Edison. DISCUSSION The Arcadia Municipal Code requires utility service suppliers, such as Southern California Edison, to report and remit utility user's taxes to the City of Arcadia on a monthly basis. Taxes collected which are not paid by the due date become delinquent and subject to a penalty of 15% of the total tax collected. Southern California Edison's May 1997 payment of utility tax monies was received ten days late which causes the City to levy an $18,965.80 penalty upon Edison for delinquent payment. By way of the attached letter, Edison has requested that the City to waive this penalty. The City Attorney has advised that the Municipal Code does not provide an appeal process or any direct authority or procedure to waive utility service suppliers from paying a penalty assessed to them for late payment of utility tax monies. If such action is desired, consistent with the powers provided the City Council by the City Charter, the City Council can either direct staff to prepare revisions to the Municipal Code to provide ,4f j) V- 0 ') ° Gr I " ^'- "t ,�qi�'- Mayor and City Council August 5, 1997 Page 2 an appeal process based on determination of good cause, or the City Council can direct staff to not initiate any action to collect the penalty. Either of these options will provide a mechanism that will preclude Edison from having to pay the referenced fine. However, if one these alternatives is to be chosen, staff recommends the latter option because it will address this unique situation on an individual basis rather than providing an overall appeal process that would be available to all utility service suppliers in the future. For years, Edison has acted in good faith to administer the monthly collection of the City of Arcadia's utility user's tax. On many levels, the City has enjoyed a long- standing good relationship with Edison and this is the first time they have not filed timely payment of utility user's tax monies. As you will see in the attached letter from Vincent Haydel, Region Manger of Edison, they have established additional internal safeguards to prevent this from happening again. For these reasons, staff recommends that the City Council direct staff to take no action to collect the referenced fine from Edison. FISCAL IMPACT Not collecting the penalty assessed to Southern California Edison for late payment of utility user's tax monies will not affect the existing budget in a negative fashion. However, non - payment of this penalty does mean that the City will not receive $18,965.80 to which it is it legally entitled. CONCLUSION In consideration of the City's long- standing relationship with Edison and the fact that this is the first time this situation has arisen, staff recommends that the City Council honor Southern California Edison's request to be released from paying the $18,965.80 penalty assessed to them for late payment of May 1997 utility user's tax monies. RECOMMENDATION Staff recommends that the City Council direct staff not to take any action to collect the penalty assessed to Southern California Edison for late payment of May 1997 utility user's tax monies. Attachment: Letter from Southern Califomia Edison r t FEM SOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL'" Company June 19, 1997 James Dale Director of Administrative Services City of Arcadia 240 W. Huntington Drive Arcadia, CA 91007 Vincent M. Haydel Region Manager Re: Southern California Edison - April 1997 Utility User Tax Payment Dear James: On May 28, 1997, we discovered that we had inadvertently placed your May 20 utility users tax (UUT) return with the returns due on May 30. Upon discovering our error, we immediately mailed your return. We sincerely apologize for any inconvenience our mistake may have caused. Please be assured that we have established additional procedures to prevent this from happening again, including using a monthly log, a sign off procedure, and a supervisory review of all UUT packages being mailed. Edison has acted in good faith to administer the monthly collection of the UUT on your behalf, and at no cost. In exchange for this long - standing agency service provided to your city, we respectfully request a waiver of any penalties associated with the late filing of the UUT return and remittance of payment. To our knowledge, this is the only time the UUT was not timely filed. If you have any questions, please do not hesitate to call me. Sincerely, z� 4;0a Vincent Haydel 1440 S. California Ave. Monrovia, CA 91016 -4204 819-303-8429 r? y -2 O- 7G STAFF REPORT POLICE DEPARTMENT DATE: August 5, 1997 TO: Mayor and Members of the City Council An FROM: Ronnie D. Garner, Assistant City Manager /Chief of Police By: Nancy Chik, Management Analyst SUBJECT: Report and Recommendation to Adopt Resolution No. 6006 -- A Resolution of the City Council of the City of Arcadia, California, Regarding Daytime Truancy SUMMARY The City of Monrovia has requested that the City of Arcadia adopt a resolution in support of daytime loitering enforcement. It is recommended that the City Council adopt Resolution No. 6006. DISCUSSION With the proposed state truancy law (AB 1151) continued to next year by the State Assembly, the City of Monrovia is appealing to other cities to support truancy ordinances. Specifically, Monrovia requests that: 1. The City of Arcadia contact elected representatives in Sacramento and urge them to support the implementation of legislation that will protect cities' authority to implement and maintain daytime curfews. 2. The City of Arcadia to adopt a resolution in support of Monrovia's efforts to defend its daytime curfew ordinance and to use our City's name to show support. 3. The City of Arcadia to consider a monetary contribution of $500 to $5,000 to Monrovia's legal defense fund. FISCAL RAPACT None. rVO RECOMMENDATION Staff recommends: 1. City Council consider sending the attached letter to our State representative in support of truancy ordinance; 2. The City Council adopt Resolution No. 6006, a resolution regarding daytime truancy; and, 3. No monetary contribution be sent to the City of Monrovia's defense fund due to our present financial condition. Attachments: Letter to The Honorable Bob Margett Resolution No. 6006 Approved: William R. Kelly, City Manager %we V4W August 5, 1997 The Honorable Bob Margett Capitol Building #4144 Sacramento, California 95814 SUBJECT: Daytime Truancy Dear Bob, On behalf of the City Council of the City of Arcadia, I want to voice our continued support for the current law which allows local governments to establish daytime truancy and loitering ordinances. Daytime truancy ordinances are effective tools for our law enforcement agencies. These ordinances have been enacted by many cities to support and reinforce the existing State Education Code sections on truancy and compulsory education requirements for children. The ordinances allow for certain exceptions to enforcement such as modified school schedules, parental consent, work, authorized absences, and emergencies. By keeping children in school, they will be less likely to engage in anti- social behaviors and their chances for success in life will increase significantly. Sincerely, Robert C. Harbicht Mayor cc: City Council O""T`O STAFF REPORT OFFICE OF THE CITY CLERK DATE: August 5, 1997 TO: MAYOR HARBICHT AND MEMBERS OF THE CITY COUNCIL FROM: JUNE D. ALFORD, CITY CLERK SUBJECT: 1996 -97 WEED ABATEMENT CHARGE LIST - PUBLIC HEARING On July 17, 1997 the Los Angeles County Agricultural Commissioner's Office delivered the list of private properties within the City on which the County has abated weeds, rubbish and refuse. The location of these properties has been inserted for your information, and the charges to the property owners of the abated properties are attached to this report. It should be noted that of the thirty -seven (37) properties listed, twenty -one (21) of the parcels incurred a minimal charge of $25.98 for inspection only of the property by County personnel. Each property listed on the charge list has been posted and noticed of the public hearing this date which was scheduled to hear objections, if any, to the charges for abatement or inspection. If an objection is lodged, you may want to have the matter investigated by the City Fire Department or overrule the objection and the following motion would be in order. Recommendation: Following the close of the public hearing, move to confirm the charge list as submitted and direct that the County Auditor be instructed to enter the amounts of the assessments against the respective parcels of land as they appear on the current property assessment roll. LASER IMAGED :'MG65 WEED ABATEMENT CHARGES BY WEED KEY 07/03/97 PAGE 'WEED MAPBOOK PAGE PARCEL ZONE CITY :KEY CODE • 7 5765 002 012 02 035 7 5765 002 013 02 035 7 5765 011 011 02 035 7 .5765 030 010 02 035 7 5773 008 008 02 035 7 5773 008 009 02 035 7 5773 014 011 02 035 7 5775 025 025 02 035 7 5777 029 033 02 035 7 5777 036 002 02 035 7 5784 020 014 02 035 7 5788 014 013. 02 035 7 8532 007 011 02 035 8532 •. 007 014 02 035 ...._7. 7 8532 016 001 02 035 7 8532 016 003 02 035 7' 8532 016 004 02 035 7 8532 '016 007 02 035 7 8532 016 011 02 035 7 8532 016 022 02 035 7 8532 017 004 02 035 7 8532 017 009 02 035 7 8532 017 011 02 035 7 8532 017 018 02' 035 7 8532 017 •049 02 035 7 8532 017 056 02 035 7 8532 017 057 02 035 7 8532 018 005 02 035 7 8532 .018. 011 02 035 7 8532 018 018 02 035 7 8532 018 019 02 035 7 8532 018 021 02 035 7 8532 019 024 02 035 7 8532 019 028 02 035 7 8532 0*19 029 02 035 7 8545 024 004 02 035 7 8545 024 005 02 035 TOTAL PARCELS = 3 7 /TOTAL CHARGES TOTAL CHARGES I. 198.35 25...98 25.98 25.98 25.98 25.98 172.72 168.52 25.98 25.98 25.98 25..98 25.98 25.98 478.68 126.07' 25.98 25.98 462.12 25.98 189.54 132.38 181.13 174.82 •25.98 25.98 219.37 464.78 427.06 680.79 393.26 659.65 25.98 25.98 25.98 25.98 25.98 $;5, 674 .82 SANTA''ANIIA CANYON RD SANTA' ANITA CANYON RD ,2121 HIGHLAND• OAKS 'DR 2222 HIGHLAND OAKS DR 202 SECOND AVENUE •301 SANTA• CLARA ST 151 ALTA ST SANTA CLARA ST. 801 W. HUNTINGTON DR 1045 W. HUNTINGTON DR LE-ROY AVE WOODRUFF LN ESTATE ST •E. DEARBORN ST CLARK ST CLARK ST CLARK ST 11826 E. T11 WYE ST GOLDRING RD & VARUS ST DEARBORN ST CLARK STREET GOLDRING RD GOLDRING RD CLARK ST GOLDRING RD GOLDRING RD GOLDRING HD GOLDRING RD RANDOLPH ST RANDOLPH ST RANDOLPII • ST GOLDRING &-KARDASHIAN GOLDRING RD' ' GOLDRING RD' RANDOLPH ST,. LOWER AZUSA`RD LOWER- AZUSA RD William Martin William Martin Virginia B. Brown- Helen F. Vida Western Security Bank Western Security Bank Amir Zahir /Y. Younaei Ellsworth Dohlgren Solerios Bicos Maier Brewing Co. George P. Kolovos Louise Nassaney Goldring Tillie l Goldring Tillie Livingston Graham Inc. Livingston Graham Inc. Livingston Graham Inc. Micro -Tak Assoc., Inc. Julia P. Contreras Livingston Graham Inc. San Gabriel Vly Water Co. Consolidated Rock Prod. Peter hiller Xavier Contreras James Lutz James Lutz Xavier Contreras Kardashian Enterpris- Samuel Kardashian Henry S. Handler Henry S. Hendler AVE. Wang-Assoc. Scott & Haiti Wei Robert & Marliss Myers Robert & Marliss Myers Phyllis ;todef f er Phyllis ftodeffer ... Oda -S, 7 AMW 0 KAT99 •• °' STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT August 5, 1997 TO: Mayor and City Council FROM: Donna L. Butler, Community Development Administrator By: James M. Kasama, Associate Planner SUBJECT: Report and recommendation to adopt Resolution No. 6005: A Resolution of the City Council of the City of Arcadia, California, finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Implementation Report in accordance with California Government Code Section 65089. JAI' Each city in the State of California is required to annually submit a Local Implementation Report and certify by resolution to the local Congestion Management Agency that it is in compliance with the local Congestion Management Program. For the City of Arcadia , the report and resolution are to be sent to the Los Angeles County Metropolitan Transportation Authority (MTA) by September 1, 1997. Staff is recommending that the attached Resolution No. 6005 be adopted and sent to the MTA with the Local Implementation Report. BACKGROUND The Los Angeles County Metropolitan Transportation Authority's (MTA) Congestion Management Program (CMP) requires local agencies to submit an annual Local Implementation Report. The Report must be adopted at a public hearing, and submitted to the MTA by September 1st. The Report is to be adopted by a resolution self - certifying that the City is in conformance. In order to conform with the requirements of the CMP, the City must perform the following compliance actions: 1) Continue to implement the Transportation Demand Management (MM) ordinance (Ord. No. 1984) and the Land Use Analysis (LUA) . program (Reso. No. 5780). ALO . (0 40 S 17L- -1.Q . AVW 2) Submit to the MTA, by September 1 st, a Local Implementation Report that consists of a self- certifying resolution of conformance; a deficiency plan status summary; a new development activity report; and transportation improvements credit claim forms if applicable. The Report must show that the City is meeting its congestion reduction responsibilities. The requirements of the TDM ordinance and LUA program are being imposed upon applicable projects, and the attached resolution and report show that the City of Arcadia is satisfying its congestion reduction responsibility, and is in conformance with the CMP. Compliance Action No, 1 The City Council adopted a Transportation Demand Management (TDM) ordinance (No. 1984) and a Land Use Analysis (LUA) program (Reso. 5780) in 1993. The TDM ordinance applies to new, non - residential developments of 25,000 or more gross square feet. The LUA program applies to any project subject to an environmental impact report (EIR) under the California Environmental Quality Act (CEQA). Compliance Action No. 2 The Local Implementation Report to be submitted to the MTA must include the following: • Self - Certified Resolution of Conformance. Resolution No. 6005 finds the City of Arcadia to be conforming with the -CMP and adopts the Local Implementation Report in accordance with California Government Code Section 65089. • Deficiency Plan Status Summary Based on the "credits" granted for demolitions, and for past regional transportation improvements (e.g., 10,000 "credits" for the reduced traffic due to satellite wagering at Santa Anita) and the "debits" accumulated due to new development, the City of Arcadia, as of May 31, 1997, has a positive balance of 8,710 congestion "credits ". Therefore, the City is in conformance with the CMP. These congestion "credits" can be utilized at the City's discretion as a mitigation measure against regional traffic impacts of any new development project. Reso. 6005 / CMP Conformance Report August 5, 1997 page 2 ."k AM • New Development Activity Report The CMP requires that cities mitigate traffic congestion resulting from new development. The CMP applies congestion "debits" to new development. Cities are required to track all new development to determine the amount of congestion "debits" that must be mitigated. For the period of June 1, 1996 to May 31, 1997, the City of Arcadia accumulated 2,643 congestion "debits" as a result of new development activity. The new patient tower at the Methodist Hospital accounts for 2,484 of these "debits ". Transportation Improvements Credit Claims If applicable, cities are to submit to the MTA a list of regional transportation improvements. Those improvements that reduce regional congestion are awarded "credits" that can offset "debits" incurred by new development. For the period of June 1, 1996 to May 31, 1997, the City did not implement any new regional transportation improvements. However, 48 congestion "credits" will be claimed for the continued implementation of the Transportation Demand Management Ordinance on new development. The adoption of a Local Implementation Report is not subject to the requirements of the California Environmental Quality Act (CEQA). The development or adoption of regional transportation improvement programs are exempt by statute (CEQA Guidelines Section 15276). Any individual projects, however, that are to be implemented pursuant to a regional transportation program would be subject to CEQA. Nonconformance with the CMP could jeopardize gas tax funds. If the MTA determined that a city is not in conformance with the CMP, the State Controller is notified to withhold from that jurisdiction its allocation of the state gas tax increase enacted by Proposition 111 (Streets and Highways Code, Section 2105). If, after 12 months, a city still has not conformed to the CMP, the withheld gas tax funds will be allocated to the County. For the City of Arcadia, the amount that is subject to CMP conformance is approximately $306,000.00. Reso. 6005 / CMP Conformance Report August 5, 1997 page 3 ,n•• ,r Staff recommends the following: A) That the City Council adopt Resolution No. 6005: A Resolution of the City Council of the City of Arcadia, California, finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Implementation Report in accordance with California Government Code Section 65089, and; B) Direct the City Clerk to transmit a signed copy of the Resolution to the Los Angeles County Metropolitan Transportation Authority by September 1, 1997. Approved: PP William R. Kelly, City Manager Attachments: Resolution No. 6005 Local Implementation Report: • Deficiency Plan Status Summary • New Development Activity Report (3pp.) • Transportation Improvements Credit Claim Reso. 6005 / CMP Conformance Report August 5, 1997 page 4 RESOLUTION NO. 6005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FINDING THE CITY OF ARCADIA TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. WHEREAS, the Los Angeles County Metropolitan Transportation Authority (MTA), acting as the Congestion Management Agency for Los Angeles County, adopted the 1995 Congestion Management Program in November 1995; and WHEREAS, the adopted CMP requires that the MTA annually determine that the County and cities within the County are conforming to all CMP requirements; and WHEREAS, the adopted CMP requires submittal to the MTA of the CMP local implementation report by the 1 st of September of each year; and 1997. WHEREAS, the City Council held a noticed public hearing on the 5th of August, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City of Arcadia has taken all of the following actions, and that the City is in conformance with all applicable requirements of the 1995 CMP. The City has locally adopted and continues to implement a transportation demand management ordinance, consistent with the minimum requirements identified in the CMP Transportation Demand Management Chapter. The City has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program Chapter. The City has adopted a Local Implementation Report, attached hereto and made a part hereof, consistent with the requirements identified in the CMP. This report balances traffic congestion impacts due to growth within the City with transportation improvements, and demonstrates that the City is meeting its responsibilities under the Countywide Deficiency Plan. f .•w SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the Los Angeles County Metropolitan Transportation Authority. Passed, approved and adopted this 5th day of August, 1997. /s/ ROBERT C. HARBICHT Mayor of the City of Arcadia ATTEST: /S/ JUNE D. ALFORD City Clerk of the City of Arcadia APPROVED AS TO FORM: City Attorney of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 6005 was adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a.regular meeting of said Council held on the 5th day. of August, 1997, and that said Resolution was adopted by the following vote, to wit: AYES: Councilmember Chang, Kovacic, Kuhn, Young and Harbicht NOES: None ABSENT: None /S/ JUNE D. ALFORD City Clerk of the City of Arcadia -2- 6005 AuNk DEFICIENCY PLAN STATUS SUMMARY JURISDICTION: City of Arcadia 1. Carryover Credit from Last Year's Local Implementation Report + 11,305 2. Total Current Congestion Mitigation Goal [from Section I] ( -) (2,643) Subtotal Current Credit (Goal) = 8,662 3. Transportation Improvement Credit Claims [from Section II] + 48 NET DEFICIENCY PLAN BALANCE = 8,710 CONTACT: Jim Kasama, Associate Planner PHONE: (626) 574 -5445 1995 Congestion Management Program for Los Angeles County November 1995 SECTION I - NEW DEVELOPMENT ACTIVITY REPORT PART I: NEW DEVELOPMENT ACTIVITY RESIDENTIAL DEVELOPMENT ACTIVITY Category Number of Dwelling Units Impact Value Sub -total Single - Family Multi - Family Group Quarters 53.00 x x x 6.80 = 4.76 = 1.98 = (360.40) (104.72) (0.00) 22.00 0.00 COMMERCIAL DEVELOPMENT ACTIVITY Category Thousands of Gross Square Feet Value per 1000 sq.ft. Sub -total Retail Commercial 0 -299 KSF Retail Commercial 300+ KSF Free - Standing Eating & Drinking 1.90 x x x 22.23 = 17.80 = 66.99 = (42.24) (0.00) (0.00) 0.00 0.00 NON- RETAIL DEVELOPMENT ACTIVITY Category Thousands of Gross Square Feet Value per 1000 sq.ft. Sub -total Lodging Industrial Office 0 -49 KSF Office 50 -299 KSF Office 300+ KSF Medical Government Institutional/Education 0.00 x x x x x x x x 7.21 = 6.08 = 16.16 = 10.50 = 7.35 = 16.90 = 20.95 = 7.68 = (0.00) (75.15) (0.00) (0.00) (0.00) (2484.30) (0.00) (0.00) 12.36 0.00 0.00 0.00 147.00 0.00 0.00 University (per student) 0.00 x 1.66 = (0.00) Other (Describe) Daily Trips Impact Value Sub -total none n.a. x 0.71 1ADJUSTMENTS (OPTIONAL) - Complete Part 2 = 424 TOTAL CURRENT CONGESTION MITIGATION GOAL (POINTS) _ (2643) 1995 Congestion Management Program for Los Angeles County November 1995 SECTION I - NEW DEVELOPMENT ACTIVITY REPORT PART 2: NEW DEVELOPMENT ADJUSTMENTS IMPORTANT: Adjustments may be claimed only for 1) development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any structure within the reporting period. RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Number of Dwelling Units Impact Value Sub -total Single - Family Multi- Family Group Quarters 49.00 x x x 6.80 = 4.76 = 1.98 = 333.20 19.04 0.00 4.00 0.00 COMMERCIAL DEVELOPMENT ADJUSTMENTS Category Thousands of Gross Square Feet Value per 1000 sq.ft. Sub -total Retail Commercial 0 -299 KSF Retail Commercial 300+ KSF Free - Standing Eating & Drinking 1.25 x x x 22.23 = 17.80 = 66.99 = 27.79 0.00 0.00 0.00 0.00 NON - RETAIL DEVELOPMENT ADJUSTMENTS Category Thousands of Gross Square Feet Value per 1000 sq.ft. Sub -total Lodging Industrial Office 0-49 KSF Office 50 -299 KSF Office 300+ KSF Medical Government Institutional/Education 0.00 x x x x x x x x 7.21 = 6.08 = 16.16 = 10.50 = 7.35 = 16.90 = 20.95 = 7.68 = . 0.00 0.00 0.00 - 0.00 0.00 0.00 44.00 0.00 0.00 0.00 0.00 0.00 0.00 2.10 0.00 University (per student) 0.00 x 1.66 = 0.00 Other (Describe) Daily Trips Impact Value Sub -total none n.a. x 0.71 = 0.00 TOTAL ADJUSTMENTS, POINTS = 424 1995 Congestion Management Program for Los Angeles County November 1995 SECTION I - NEW DEVELOPtitENT ACTIVITY REPORT PART 3: EXEMPTED DEVELOPMENT ACTIVITY (NOT VgCLUDED IN NEW DEVELOPiI1ENT ACTIVITY TOTALS) Low/Very Low Income Housing High Density Resid. near Rail Stations Mixed Use Developments near Rail Stations Development Agreements entered into prior to July 10, 1989 Reconstruction or replacement of buildings damaged due to calamity Reconstruction of buildings damaged in the January 1994 earthquake 0 Dwelling Units Dwelling Units 1000 g' ross sf Dwelling Units 1000 gross sf Dwelling Units 1000 gross sf Dwelling Units 1000 gross sf Dwelling Units 0 0 0 0 0 0 0 0 I 0 EXEMPTED DEVELOPi•fENT DEFLNITIONS: 1. Low/Vcry Low Income Housing: as defined by the California Department of Housing and Community Development as follows: Low - Income: equal to or less than 80% of the median income, with adjustments for family size. Very Low - Income: equal to or less than 5011. of the median income, with adjustments for family size. 2. High Density Residential Near Rail Stations: development located within 1/4 mile of a fixed rail passenger station which contains a minimum of24 dwelling units per acre and a minimum density per- acre which is equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre is automatically considered high density. 3. Mixed Uses Near Rail Stations: mixed use development located within 1/4 mile of a fixed rail passenger station, if more than half of the land area, or floor area, of the mixed use development is used for high density residential housing. 4. Development Agreements: projects that entered into a development agreement (as specificd under Section 65864 of the California Govcmment Code) with a local jurisdiction prior to July 10, 1959. 5. Reconstruction or replacement of any residential or non - residential structure which is damaged or destroyed, to the extent of not less than 50% of its reasonable value, by fire, flood, earthquake or other similar calamity. 6. January 1994 Earthquake Reconstruction: until June 1, 1997, buildings and structures damaged or destroyed in Los Angeles County as a result of the January 1994 earthquake. 7. Any project of a federal, state or county agency that is exempt from local jurisdiction. Any project of a federal, state or county agency that is exempt from local jurisdiction zoning regulations and where the local jurisdiction is precluded from exercising any approval/disapproval authority. These locally precluded projects do not have to be reported in the Local Implementation Report. 1995 Congestion Alanagemrnr ProgramJorLosAn:eles Counry November 1995 SECTION II - TRANSPORTATION IMPROVEMENTS CREDIT CLAIMS 1. Project Number 2. Strategy one 306.0 3. Project Description & Reference Documentation CMP TDM Ordinance 4. Project Scope (units) 5. Credit Factor 6. Project Credit Value 161.26kgsf 0.30 48.378 7. Expected Completion Date 8. Project Cost 9. Local Participation ( %) ongoing n.a. n.a. 10. Current Milestone 11. Milestone Factor 12. Net Current Value 2 n.a. 48 13. "Total Credits Claimed for All Projects 48 1995 Congestion Management Program for Los Angeles County November 1995 VAftk Is I STAFF REPORT ' MAINTENANCE SERVICES DEPARTMENT August 5, 1997 TO: MAYOR AND CITY COUNCIL FROM: PAT MALLOY, MAINTENANCE SERVICES DIRECT Prepared by: Gary F. Lewis, General Services Manage Lubomir Tomaier, Assistant Engineer SUBJECT: REPORT AND RECOMMENDATION TO AWARD A CONTRACT IN THE AMOUNT OF $21,800.00 TO JOHN L. HUNTER AND ASSOCIATES, INC. TO PROVIDE ENGINEERING SERVICES FOR THE DESIGN OF THE ANNUAL INDUSTRIAL WASTE PROGRAM AND THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM PROGRAM. lv lu The Industrial Waste Program (IWP) includes development of an Industrial Waste Ordinance, inspections, database creation and maintenance, investigations and plan checking for all commercial and industrial connections. The National Pollution Discharge Elimination System Program ( NPDES) includes implementation of programs necessary to comply with the Los Angeles County municipal storm water permit adopted by the Regional Water Quality Control Board. Staff recommends that the City Council award a contract in the amount of $21,800.00 to John L. Hunter and Associates for the IWP and the NPDES Program. DISCUSSION: As part of the Department's sewer maintenance program, staff is developing a Sewer Response Contingency Plan to . respond to sewer system obstructions. Part of this plan addresses implementation of the IWP that is intended to restrict illegal discharges into the sewer system. This program will also include routine monitoring and education on the proper use and maintenance of grease interceptors and industrial waste treatment devices. Once this plan is complete, staff will return to City Council requesting adoption of an Industrial Waste Ordinance or modification of Arcadia Municipal Code. The IWP will control the quality of industrial waste discharges into the City's sewer system by periodic inspections of grease interceptors, investigations of improper discharges, plan checking and education for business owners. The NPDES Program is designed to run in conjunction with the �1i�1+ rn u pc7 LA SEER VNk An* MAYOR AND CITY COUNCIL AUGUST 5, 1997 PAGE 2 Industrial Waste Program to ensure City compliance with the Los Angeles County municipal storm water permit (unfunded federal mandate). Staff requested proposals from three consultants to provide the design of an industrial waste and NPDES programs. In a qualification -based selection process, John L. Hunter and Associates was rated highest as a result of their unmatched experience in administration of industrial waste and NPDES programs for many LA County municipalities over the past ten years. Their fee is very competitive due to their large base of LA County clients. The company also provided outstanding references. FISCAL IMPACT: Funds in the amount of $40,000.00 were budgeted in the 1997 -1998 Capital Outlay Program for the NPDES Program. The NPDES Program portion of this contract is $5,000.00. Staff is requesting an appropriation of $16,800.00 from the Sewer Fund to finance the funds for the IWP portion of the contract. Other municipalities fund this program by annual inspections and permit fees adopted by an industrial waste ordinance. Staff will submit a recommended Industrial Waste Ordinance as part of the Sewer System Master Plan study session in October. RITZIKGMIMP Q It is recommended that the City Council: 1) Award a contract in the amount of $21,800.00 to John L. Hunter and Associates, Inc. to provide engineering services for the design of the annual IWP and NPDES Programs. 2) Appropriate $16,800.00 from the Sewer Reserve to fund this program for the 1997/98 fiscal year. 3) Authorize_ theCity Manager. to execute contract subject to. approval•�- as to -form:=by' the =City Attorney. PM/GL/LT:kb Approved: William R. Kelly, City Manager C:\oFF7MWPV MVnVocs'\I.usoU,GAWA DJWA STAFF REPORT MAINTENANCE SERVICES DEPARTMENT January 16, 1996 TO: Mayor and City Council FROM: Pat Malloy, Maintenance Services Director' Prepared by: Rita A. Kurth, Administrative Assistant SUBJECT: Report and recommendation regarding revision of commercial /industrial recycling program: Termination of Agreement with Zakaroff Recycling Services and Introduction of Ordinance no. 2044 amending various sections of the Arcadia Municipal Code pertaining to the collection of recyclable material from commercial and industrial business properties SUMMARY It is recommended that the City Council introduce Ordinance No. 2044 which amends portions of Part 3 of Chapter 1 of Article V related to the collection of recyclable material from commercial and industrial business properties and direct the City Manager to terminate the existing agreement with Zakaroff Recycling Services for commercial and industrial recycling. BACKGROUND In July of 1994, the City of Arcadia, in conjunction with the Cities of Monrovia and Duarte, began a concerted effort to enhance commercial recycling. The City Council adopted an ordinance requiring businesses in Arcadia to participate in recycling. Businesses were given the choice of using the City- sponsored recycler (Zakaroff) or the waste - hauler who they had been using for their refuse. In response to this ordinance, many businesses began recycling programs, however, the effectiveness of the commercial /industrial recycling program and the resulting diversion percentages fell far short of expectations. Zakaroff Recycling Services was the City's designated recycler in accordance with Ordinance No. 2000 adopted by the City Council on April 5, 1994. While Zakaroff has performed to the best of their ability over the last 15 months, they agree that the commercial recycling program has neither met the City's nor their own goals for diversion of refuse. In order for the Cities of Arcadia, Monrovia and Duarte to move forward with improved recycling programs, Zakaroff has agreed to cancel their contract with each of the three cities. Attached is a copy of Zakaroffs letter to the City of Arcadia. The cities of Monrovia and Duarte have already approved the cancellation with Zakaroff. LASSEER IN"A,GED C' /V //4 Mayor and City Council Commercial /Industrial Recycling Program Ordinance No. 2044 January 16, 1996 Page 2 DISCUSSION Arcadia businesses have expressed dissatisfaction with the mandatory recycling program because it places a burden on them in terms of time and money. Each business is responsible for completing and submitting their own forms to the City. In addition, City staff has recognized the potential administrative difficulty in enforcing the ordinance with over 700 businesses sending in quarterly reports. Staff has therefore prepared a modified business recycling program which will place the burden of completing the reports on the refuse haulers. If enacted, Ordinance No. 2044 would remove the burden of preparing the quarterly reports from Arcadia businesses and would place it on the six permitted commercial waste haulers operating within the City. The haulers would then be required to demonstrate that they are diverting at least 25% in calendar year 1996 with progressively increasing diversion rates in subsequent years until they meet the diversion goal of 50% in 2000. This program allows the haulers greater flexibility in working with their customers with the resources available to them and does not specify how they have to reach these goals. As part of this program, the City would require the hauler to submit an action plan to the Maintenance Services Director describing their approach to the problem. Furthermore, the haulers would be required to submit a monthly report detailing quantities and types of materials being diverted. Currently the haulers have been submitting a monthly report with general information. This form would be expanded to include additional information (a copy of the expanded form is attached for information). In order to verify the accuracy of these reports, the City may from time to time audit the records of the hauler. The haulers would be responsible for the cost of the audit. FISCAL IMPACT The commercial1industrial waste haulers are paying a 9.5% permit fee ($122,000 in fiscal year 1994 -1995) to fund recycling programs to implement portions of the City's Source Reduction and Recycling Element. The cost of the audits as outlined in Ordinance No. 2044 would be paid by the haulers. Therefore, there would be no fiscal impact. Mayor and City Council Commercial /Industrial Recycling Program Ordinance No. 2044 January 16, 1996 Page 3 RECOMMENDATION It is staffs recommendation: 1. That the City Council introduce Ordinance No. 2044 amending portions of Part 3 of Chapter 1 of Article V Section 5130 et. seq. of the Arcadia Municipal Code. 2. That the City Council direct the City Manager to terminate the existing agreement with Zakaroff Recycling Services for commercial and industrial recycling. Approved: —"--A William R. Kelly, City Manager Ura( 7�t,V1 ORDINANCE NO. 2044 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING PORTIONS OF PART 3 OF CHAPTER 1 OF ARTICLE V OF THE ARCADIA MUNICIPAL CODE RELATED TO THE COLLECTION OF RECYCLABLE MATERIAL FROM COMMERCIAL AND INDUSTRIAL BUSINESS PROPERTIES WHEREAS, AB 939 (California Integrated Waste Management Act) requires each city and county to reduce the amount of waste disposed of at area landfills by 50% by the year 2000; and WHEREAS, Section 40059 of the Public Resources Code provides in part, that under the California Integrated Waste Management Act, a city retains the power to determine including, but not limited to, frequency of collection, means of collection, and transportation, level of services, charges and fees, and the nature and location and extent of providing solid waste handling services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES FIND, DETERMINE, AND ORDAIN AS FOLLOWS: SECTION 1. Part 3 of Chapter 1 of Article V [Section 5130 parts (b), (f), and (g)] are hereby repealed. The remaining subsections are hereby renumbered (a) through (d) in sequence. SECTION 2. Section 5130.1 of Part 3 of Chapter 1 of Article V as it currently reads is repealed and is hereby amended to read as follows: 5130.1. COMMERCIAUINDUSTRIAL WASTE HAULER REQUIREMENTS. Any recycling company or waste hauler as permitted pursuant to Article VI, Chapter 4, Part 3, Division 4 of the Arcadia Municipal Code, shall: (a) Upon request, supply appropriate recycling containers to all businesses located within the City. (b) Work with businesses in the City of Arcadia to recycle and to educate businesses about the need to recycle. Within 90 days of the issuance of the hauler's business license, the hauler will submit to the Maintenance Services Director a strategy and methodology for increasing diversion and recycling within the City. (c) Achieve annual diversion rates (the "diversion rate ") of 25% in calendar year 1996, 30% in 1997, 40% in 1998, 45% in 1999 and 50% in year 2000 or as provided under applicable state law, of all commercial waste, as defined in the City's Source Reduction and Recycling Element including but not limited to varieties of paper, plastics, glass, as well as wood, yard and other green waste, manure, and construction and demolition debris, removed from within City limits. (d) The diversion rate shall be calculated by taking the total number of tons of any and all materials considered diverted or recycled from the commercial and industrial waste stream as set forth in the periodic reports of the hauler, and dividing the resulting numbers by the total tonnage of commercial and industrial solid waste removed by the same hauler. SECTION 3. Section 5130.2 of Part 3 of Chapter 1 of Article 5 as it currently reads is repealed and is hereby amended to read as follows: 5130.2. REQUIRED MONTHLY REPORTS. Any recycling company or waste hauler removing recyclable material from the waste stream shall report such diversions to the City, and indicate the type and amount of material diverted on a form approved by the City within thirty (30) days after the end of the reporting month. SECTION 4. Section 5130.3. of Part 3 of Chapter 1 of Article V is hereby amended to read as follows: 5130.3. AUDITS. The hauler's records related to recycling and diversion may at any time be audited by the City or its appointed representative to verify the accuracy of all records and reports made to the City. The City Council may by resolution adopt such administrative procedures as necessary detailing the auditing procedure and costs of such audits. The hauler shall pay to the City the cost of the audit. SECTION 5. SECTION 5130.4. of Part 3 of Chapter 1 of Article V is hereby amended to read as follows: 5130.4. PENALTIES FOR NON - COMPLIANCE. If a commercial hauler fails to reach the diversion rates as specified by 5130.1 (c) then the City shall, consistent with Arcadia Municipal Code Section 6216.7, consider action to suspend or revoke the applicable business license permit or direct non - renewal of the permit and /or application, or direct the imposition of civil penalties and fines pursuant to a duly promulgated ordinance to implement the provision of this Part 3 of the Code. SECTION 6. Section 5130.5 is hereby added to the Municipal Code to read as follows: 5130.5 ANTI - SCAVENGING. No person or entity other than the business owner, employee or agent of the business, licensed recycler or hauler engaged by the commercial or industrial business enterprise where a recyclable material container is placed for collection, shall remove any material from such container. SECTION 7. That the City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of the City within fifteen (15) days upon its adoption. Passed, approved and adopted this day of , 1996. Mayor of the City of Arcadia ATTEST: City Clerk of the City of Arcadia APPROVED AS TO FORM: City Attorney of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF ARCADIA ) I, June Alford, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 2044 was passed and adopted by the City Council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said Council held on the day of , 1996, and that said Ordinance was adopted by the following vote to wit: AYES NOES ABSENT City Clerk of the City of Arcadia SERVICES • 51'rCE 191 1 ZAKAROff wECYCLING SERVICES, RECYCLING HAS ALWAYS BEEN OGR BUSINESS S COMMERCIAL AND RESIDENTIAL CONTRACTS - HIGH RISE TOWERS - INDUSTRIAL - AMRTMENT HOUSES December 1, 1995 William R. Kelly City Manager City of Arcadia P.O. Box 60021 Arcadia, CA 91066 -6021 Dear Mr. Kelly: CITY OF ARCADIA DEC 4 1995 CITY MANAGER Zakaroff Recycling Services has been pleased to have provided commercial recycling services to the cities of Arcadia, Monrovia, and Duarte. However, we acknowledge that it has been far more difficult to implement than planned or imagined. The current program is meeting neither the cities' nor Zakaroff's goals. A new direction has been proposed that would restrict trash hauling permits to only those companies that can demonstrate significant (25 %) waste diversion. This approach was discussed in Monrovia at an open meeting with commercial haulers on October 25. Zakaroff approves of the new direction and will cooperate fully in carrying it out. Our company understands that the cities will have to rescind the common commercial recycling ordinance and agreement for services with Zakaroff. We remain confident that Zakaroff can and will continue to provide the highest level of refuse and recycling services under the new approach. This letter is meant to formally commit Zakaroff Recycling Services to fully participate in the program. Sincerely, David F. Little Executive Director of Recycling cc: Rouben Kandilian, President 15045 Salt Lake Avenue • City of Industrv, CA 917.36 • 1818) 369 -5100 • (818) 369-6100 • FAX 1818) 333 - 775-1 P.O. Box 90010 • City of Industrv, CA 91715 -0010 0 Recycled Paper City of Arcadia Commercial Waste Hauler Monthly Collection Report le"" 1=0195 A 1 �' ax a �CORpORATEO'� o Arcadia Municipal Code Section 6434.2 (b) states, "Each Commercial Industrial waste hauler shall pay a "permit fee' to the City in the amount of nine and one half percent (9.5 %) of any and all gross receipts resulting from the operation of business in the City. This fee shall be charged to fund the cost of preparing, adopting, implementing and administering the Source Reduction and Recycling Element and the Integrated Waste Management Plan mandated by Public Resources Code 40000 et seq." Arcadia Municipal Code Section 6434.2 (b) 3 states, " The waste hauler shall file a monthly collection report to the City, and it must be received by the City no later than the last day of the month following which is being reported." 1. Month being reported: 2. Company Name: 3. Contact Name: Telephone: 4.Total Number of Accounts Served 5.Total Tonnage disposed during above month' 6-Total tonnage diverted from landfills during above month 7.Diversion rate (divide line 6 by line 5) 87otal Gross Receivables $ 9.Amount of permit fee (9.5% of line 8) $ chilies an ron -orT, construction and demolition debns Amount Due (line 9)$ If you have any questions regarding this report, please call (818) 574 -5413. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Please mail the permit fee and report to: City of Arcadia Finance Department/Cashier PC Box 60021 Arcadia, CA 91007 Signature of Authonzed Personnel Date Please complete the other side 4 c69/)- -; ‘'/:/-C1:67 ".. • 1110R1 .1 WAJoiiirt r ;ox._s° STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT August 5, 1997 ....: TO: Mayor and City Council • FROM . Donna L. Butler, Community Development Administrator O By ames M. Kasama,Associate Planner SUBJECT: Report and recommendation to adopt Resolution No. 6005: A Resolution • of the City Council of the City of Arcadia, California, finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Implementation Report in accordance with California Government Code Section 65089. SUMMARY • Each city in the State of California is required to annually submit a Local Implementation Report and certify by resolution to the local Congestion Management Agency that it is in compliance with the local Congestion Management Program. For the City of Arcadia , the report and resolution are to be sent to the Los Angeles County Metropolitan Transportation Authority (MTA) by September 1, 1997. Staff is recommending that the attached Resolution No. 6005 be adopted and sent to the MTA with the Local Implementation Report. BACKGROUND = • • -. The Los Angeles County Metropolitan Transportation Authority's (MTA) Congestion Management Program (CMP) requires local agencies to submit an annual Local • Implementation Report. The Report must be adopted at a public hearing, and submitted to the MTA by September 1st. The Report is to be adopted by a resolution self-certifying that the City is in conformance. In order to conform with the requirements of the CMP, the City must perform the following compliance actions: 1) • Continue to implement the Transportation Demand Management (11.)M) ordinance (Ord. No 1984) and the Land Use Analysis (LUA).program (Reso.No 5780). Ad .2 Sko I o - 6 oos P. 7,Q.. 2) Submit to the MTA, by September 1st, a Local Implementation Report that consists of a self-certifying resolution of conformance; a deficiency plan status summary; a new development activity report; and transportation improvements credit claim forms if applicable. The Report must show that the City is meeting its congestion reduction responsibilities. The requirements of the TDM ordinance and LUA program are being imposed upon applicable projects, and the attached resolution and report show that the City of Arcadia is satisfying its congestion reduction responsibility, and is in conformance with the CMP. DISCUSSION Compliance Action No. 1 The City Council adopted a Transportation Demand Management (TDM) ordinance (No. 1984) and a Land Use Analysis (LUA) program (Reso. 5780) in 1993. The TDM ordinance applies to new, non-residential developments of 25,000 or more gross square feet. The LUA program applies to any project subject to an environmental impact report (EIR)under the California Environmental Qnality Act(CEQA). Compliance Action No. 2 The Local Implementation Report to be submitted to the MTA must include the following: • Self-Certified Resolution of Conformance. Resolution No. 6005 finds the City of Arcadia to be conforming with the-CMP and • adopts the Local Implementation Report in accordance with California Government Code Section 65089. • Deficiency Plan Status Summary Based on the "credits" granted for demolitions, and for past regional transportation improvements (e.g., 10,000 "credits"for the reduced traffic due to satellite wagering at Santa Anita) and the "debits" accumulated due to new development, the City of Arcadia, as of May 31, 1997, has a positive balance of 8,710 congestion "credits". Therefore, the City is in conformance with the CMP. These congestion "credits" can be utilized at the City's discretion as a mitigation measure against regional traffic impacts of any new development project. Reso. 6005 / CMP Conformance Report August 5, 1997 page 2 • New Development Activity Report The CMP requires that cities mitigate traffic congestion resulting from new development. The CMP applies congestion "debits" to new development. Cities are required to track all new development to determine the amount of congestion "debits" that must be mitigated. For the period of June 1, 1996 to May 31, 1997, the City of Arcadia accumulated 2,643 congestion "debits" as a result of new development activity. The new patient tower at the Methodist Hospital accounts for 2,484 of these "debits". • Transportation Improvements Credit Claims If applicable, cities are to submit to the MTA a list of regional transportation improvements. Those improvements that reduce regional congestion are awarded "credits" that can offset "debits" incurred by new development. For the period of June 1, 1996 to May 31, 1997, the City did not implement any new regional transportation improvements. However, 48 congestion "credits" will be claimed for - the continued implementation of the Transportation Demand Management Ordinance on new development. ENVIRONMENTAL ANALYSIS The adoption of a Local Implementation Report is not subject to the requirements of the California Environmental Quality Act(CEQA). The development or adoption of regional transportation improvement programs are exempt by statute (CEQA Guidelines Section • 15276). Any individual projects, however, that are to be implemented pursuant to a regional transportation program would be subject to CEQA. FISCAL IMPACT • Nonconformance with the CMP could jeopardize gas tax funds. If the MTA determined that a city is not in conformance with the CMP, the State Controller is notified to • withhold from that jurisdiction its allocation of the state gas tax increase enacted by • Proposition 111 (Streets and Highways Code, Section 2105). If, after 12 months, a city still has not conformed to the CMP, the withheld gas tax funds will be allocated to the County. For the City of Arcadia, the amount that is subject to CMP conformance is approximately $306,000.00. - • Reso. 6005 / CMP Conformance Report August 5, 1997 page 3 • RECOMMENDATION Staff recommends the following: A) That the City Council adopt Resolution No. 6005: A Resolution of the City Council of the City of Arcadia, California, finding the City of Arcadia to be in conformance with the Congestion Management Program (CMP) and adopting the CMP Local Implementation Report in accordance with California Government Code Section 65089, and; • B) Direct the City Clerk to transmit a signed copy of the Resolution to the Los Angeles County Metropolitan Transportation Authority by September 1, 1997. ale_A Approved: William R. Kelly, City Manager • ._ Attachments: Resolution No. 6005 Local Implementation Report: • Deficiency Plan Status Summary • New Development Activity Report(3pp.) • Transportation Improvements Credit Claim • Reso. 6005 / CMP Conformance Report August 5, 1997 page 4 • RESOLUTION NO. 6005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, FINDING THE CITY OF ARCADIA TO BE IN CONFORMANCE k;. WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE. CMP LOCAL IMPLEMENTATION REPORT IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089. WHEREAS, the Los Angeles County Metropolitan Transportation Authority (MTA), acting as the Congestion Management Agency for Los Angeles County, adopted the 1995 Congestion Management Program in November 1995; and WHEREAS, the adopted CMP requires that the MTA annually determine that the County and cities within the County are conforming to all CMP requirements; and WHEREAS, the adopted CMP requires submittal to the MTA of the CMP local implementation report by the 1st of September of each year; and WHEREAS, the City Council held a noticed public hearing on the 5th of August, 1997. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA,DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City of Arcadia has taken all of the following actions, and • that the City is in conformance with all applicable requirements of the 1995 CMP. The City has locally adopted and continues to implement a transportation demand management ordinance, consistent with the minimum requirements identified in the CMP Transportation Demand Management Chapter. The City has locally adopted and continues to implement a land use analysis program, consistent with the minimum requirements identified in the CMP Land Use Analysis Program Chapter. The City has adopted a Local Implementation Report, attached hereto and made a part hereof, consistent with the requirements identified in the CMP. This report balances traffic congestion impacts due to growth within" the City with- transportation improvements, and demonstrates that the City is meeting its responsibilities under the Countywide Deficiency Plan. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and shall forward a copy of this Resolution to the Los Angeles County Metropolitan E`.'' . - Transportation Authori • - . s;. �` Passed, approved and adopted this 5th day of August, 1997. - s. - /s/ ROBERT C. HARBICHT c Mayor of the City of Arcadia ATTEST: • /S/ JUNE D. ALFORD City Clerk of the City of Arcadia APPROVED AS TO FORM: i-, ..yy)Lt/Li i mt./ea . City Attorney of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §: CITY OF ARCADIA • ) I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the r i:; - . foregoing Resolution No. 6005 was adopted by the•City Council of the City of Arcadia, 6 - signed by the Mayor and attested to by the City Clerk at aregular meeting of said Council w-- P: held on the 5th day of August, 1997, and that said Resolution was adopted by the 4 i. t_ following vote,to wit: i i. - AYES: Councilmember Chang, Kovacic, Kuhn, Young and Harbicht :t v '= NOES: None ABSENT: None Is:`- IS/ JUNE D. ALFORD L City Clerk of the City of Arcadia _ 2 _ 6005 3. I DEFICIENCY PLAN STATUS SUMMARY JURISDICTION: City of Arcadia 1. Carryover Credit from Last Year's Local Implementation Report + 11,305 2. Total Current Congestion Mitigation Goal [from Section I] (-) (2,643) Subtotal Current Credit(Goal) = 8,662 3. Transportation Improvement Credit Claims [from Section II] + 48 NET DEFICIENCY PLAN BALANCE = 8,710 CONTACT: Jim Kasama, Associate Planner PHONE: (626) 574-5445 1995 Congestion Management Program for Los Angeles County November 1995 SECTION I - NEW DEVELOPMENT ACTIVITY REPORT PART I: NEW DEVELOPMENT ACTIVITY RESIDENTIAL DEVELOPMENT ACTIVITY = Category Number of Dwelling Units Impact Value Sub-total Single-Family - -- 53.00 x 6.80 = (360.40) Multi-Family 22.00 x 4.76 = (104.72) Group Quarters 0.00 x 1.98 = (0.00) COMMERCIAL DEVELOPMENT ACTIVITY Category Thousands of Value per Sub-total Gross Square Feet 1000 sq.ft. Retail Commercial 0-299 KSF 1.90 x 22.23 = (42.24) Retail Commercial 300+KSF 0.00 x 17.80 = (0.00) Free-Standing Eating&Drinking 0.00 x 66.99 = (0.00) NON-RETAIL DEVELOPMENT ACTIVITY Category Thousands of Value per Sub-total Gross Square Feet . 1000 sq.ft. Lodging 0.00 x 7.21 = (0.00) G.: Industrial 12.36 x 6.08 = (75.15) Office 0-49 KSF • 0.00 x 16.16 = (0.00) Office 50-299 KSF 0.00 x 10.50 = (0.00) Office 300+KSF 0.00 x 7.35 = (0.00) Medical - - 147.00 x 16.90.... = (2484.30) Government 0.00 x 20.95 = (0.00) Institutional/Education 0.00 x 7.68-- - = (0.00) f: University(per student) 0.00 x 1.66 = (0.00) Other(Describe) Daily Trips Impact Value Sub-total none n.a. x 0.71 = (0.00) ADJUSTMENTS(OPTIONAL)-Complete Part 2= 424 TOTAL CURRENT CONGESTION MITIGATION GOAL (POINTS)= (2643) 1995 Congestion Management Program for Los Angeles County November 1995 • • SECTION I -NEW DEVELOPMENT ACTIVITY REPORT PART 2: NEW DEVELOPMENT ADJUSTMENTS IMPORTANT: Adjustments may be claimed only for 1)development permits that were both issued and revoked, expired or withdrawn during the reporting period, and 2) demolition of any structure • • within the reporting period. . RESIDENTIAL DEVELOPMENT ADJUSTMENTS Category Number of Dwelling Units Impact Value Sub-total Single-Family 49.00 x 6.80 = 333.20 Multi-Family 4.00 x 4.76 = 19.04 Group Quarters 0.00 x • 1.98 = 0.00 COMMERCIAL DEVELOPMENT ADJUSTMENTS F _ ' Category Thousands of Value per Sub-total Gross Square Feet 1000 sq.ft. Retail Commercial 0-299 KSF 1.25 x 22.23 = 27.79 Retail Commercial 300+KSF 0.00 x 17.80 = 0.00 Free-Standing Eating&Drinking - 0.00 x 66.99 = 0.00 NON-RETAIL DEVELOPMENT ADJUSTMENTS • Category Thousands of Value per Sub-total Gross Square Feet 1000 sq.ft. Lodging • 0.00. - x 7.21 = . 0.00 Industrial • 0.00 x 6.08 = 0.00 Office 0-49 KSF 0.00 x 16.16 = 0.00 Office 50-299 KSF - 0.00 x 10.50 -_=- - 0.00 Office 300+KSF . 0.00 x 7.35 = 0.00 Medical 0.00 - . x 16.90 = 0.00 Government • 2.10 x 20.95 = 44.00 • Ins titutional/Education 0.00 x 7.68 = . 0.00 University(per student) 0.00 x 1.66 = 0.00 Other(Describe) Daily Trips Impact Value Sub-total none n.a. x 0.71 = 0.00 TOTAL ADJUSTMENTS,POINTS= • . 424 • 1995 Congestion Management Program for Los Angeles County November 1995 SECTION I-NEW DEVELOPMENT ACTIVITY REPORT PART 3: EXEMPTED DEVELOPMENT ACTIVITY (NOT ThICLUDED IN NEW DEVELOPMENT ACTIVITY TOTALS) LowNery Low Income Housing 0 Dwelling Units High Density Resid.near Rail Stations 0 Dwelling Units Mixed Use Developments near Rail 0 1000 gross sf Stations 1 O Dwelling Units Development Agreements entered into 0 1000 gross sf ' prior to July 10, 1989 0 Dwelling Units Reconstruction or replacement of 0 1000 gross sf buildings damaged due to calamity 0 Dwelling Units Reconstruction of buildings damaged in 0 1000 gross sf the January 1994 earthquake 0 Dwelling Units • EXEMPTED DEVELOPMENT DEFINITIONS: 1. Low/Ve •Low Income Housing:as defined by the California Department.of Housing and Community Development as follows: Low-Income:equal to or less than 80%of the median income,with adjustments for family size. Very Low-Income:equal to or less than 50%of the median income,with adjustments for family size. • • 2. High Density Residential Near Rail Stations: development located within 1/4 mile of a fixed rail passenger station which contains a minimum of 24 dwelling units per acre and a minimum density per acre which is equal to or greater than 120 percent of the maximum residential density allowed under the local general plan and zoning ordinance. A project providing a minimum of 75 dwelling units per acre is automatically considered high density. 3. Mixed Uses Near Rail Stations:mixed use development located within 1/4 mile of a fixed rail passenger _- - station,if more than half of the land area,or floor area,of the mixed use development is used for high - density residential housing. 4. Development Agreements:projects that entered into a development agreement(as specified under Section 65864 of the California Government Code)with a local jurisdiction prior to July 10, 1989. 5. Reconstruction or replacement of any residential or non-residential structure which is damaged or destroyed,to the extent of not less than 50%of its reasonable value,by fire,flood,earthquake or other similar calamity. • 6. January 1994 Earthquake Reconstruction: until June 1, 1997, buildings and structures damaged or destroyed in Los Angeles County as a result of the January 1994 earthquake. 7. Any project of a federal,state or county agency that is exempt from local jurisdiction. Any project of a federal,state or county agency that is exempt from local jurisdiction zoning regulations and where the local jurisdiction is precluded from exercising any approval/disapproval authority. These locally precluded projects do not have to be reported in the Local Implementation Report. 1995 Congestion Management Program for Los Angeles County November 1995 ,4. • • SECTION II - TRANSPORTATION IMPROVEMENTS CREDIT CLAIMS I. Project Number 2. Strategy one 306.0 3. Project Description & Reference Documentation . CMP TDM Ordinance • 4. Project Scope (units) 5. Credit Factor 6. Project Credit Value 161.26kgsf 0.30 48.378 ( ) 7. Expected Completion Date 8. Project Cost 9. Local Participation (%) • ongoing n.a. n.a. 10. Current Milestone 11. Milestone Factor 12. Net Current Value 2 n.a. 48 13. Total Credits Claimed for All Projects 48 I99S Congestion Mannagement Program for Los Angeles County November 1995 nor STAFF REPORT ° 4mA:so - - DEVELOPMENT SERVICES DEPARTMENT , • August 5, 1997 • TO: Mayor and City Council _ FROM: Donna L. Butler, Community Development Administrator • - Prepared by: Corkran W. Nicholson, Planning Services Manager SUBJECT: A design review of the proposed exterior alterations for the recently approved"Todai"restaurant at the Santa Anita Fashion Park Mall, 400 South Baldwin Avenue ' SUMMARY The Planning Commission at its July 22, 1997 meeting, voted 6-0 to adopt Resolution No. 1551..which grants Conditional Use Permit 97-008 for a proposed 13,084 sq.ft "Todai" restaurant to be within the Santa Anita Fashion Park Mall-complex. In addition, the Commission reviewed and approved the proposed exterior alterations to the subject building relating to the_restaurant's signage, outdoor dining area and landscaping. This item is before the_ City Council for a design review and approval,of the.proposed exterior improvement plans for.the new restaurant, as required. by City. Council Resolution No-. 4185. Said resolution requires such plans to be submitted to and approved by the City Council prior to the issuance of a building permit. . The Development Services Department is recommending approval of the proposed fi exterior improvements, as shown on the submitted plans. DISCUSSION • On July 22, 1997, the applicant (Timothy Walsh on behalf of the property owner/developer, Anita Associates) was granted a conditional use permit-(Planning ' . Commission Case No. C.U.P. 97-008) to operate a proposed 13,084-sq.ft:. "Todair restaurant,-,which includes a. 3,905 sq.ft. outdoor. dining. area,-"..within the Santa 'Anita Fashion Park Mall complex. The new restaurant will feature both Japanese and Chinese food items. The hours of operation will be regulated by the mall. • /4/frouPi LASER IMAGED • FINDINGS AND MOTION The City Council should find that the proposal is in compliance with the ADR criteria, and approve the applicant's exterior improvement plans, as submitted. Approved: William R Kelly, City Manager Attachments: Land Use&Zoning Map, and the proposed plans 3 • •• lir•" +r rater fir- I -• d 0 • ' ). R.1 R-3 I • .1 :I co3 t`)� / 1 0 & D. ', . 6 ' ,r• 5 04 I .R //, X05 cFT qAIT9 S. L k II•K___. • / 'i/ • / • ./R-1 1 R-1 & D f 1 •2D' / ; & D I I • i • /S-2 .:-., ,CAI j I D G \ R-1 8 D i 4ST / � a 1=J j F E. /NTA ANITA - I > // J J1) I • HION PARK A /uNzoNEDV' 1 • ryV , J IR•iiR•i! ", R-1 & D ( •CA- D ri--471 crIfi :::-11-jsto-1 I"—, /•/ ignA \ 7 L ._, _ I R-3 : -C•2 p MULTIPLE-FAMILY f--------- S.2 413 lt UNITS � R-3 - -3 . - � R-1 J �_ \• R-3 ja _2)--rII•3 R-3 1 R 3 :I r---4 .-\ .i c., C-2 •' R.3 ' •�$ 4� • R-0 R-3 1'6( C-2 . a R-3 ._•. G2 2 H4.RBI R-3 ��i,��d11•- .�R-1 \ R-1 • I' RESIDENTIAL MOUNTAINOUS C-2 GENERAL COMMERCIAL FIRST ONE-FAMILY CM CO MMEACIAL-MANUFACTURING SECCND ONE-FAMILY 141•1 PLANNED INOUSTRIAL DISTRICT 1 'C FAMILY M-2 HEAVY MANUFACTURING UUL1'1PLE FAMILY D AACNITSCTURA.DESIGN AUTOMOBILE PARSING S-1 SPECIAL USE PROFESSIONAL OFFICE 5-2 PJBUC PURPOSE COMMUNITY COMMERCIAL N SPECAL HEIGHT UMITED COMMEFCIAL CPO-I COMMERCIAL PLANNED DEVELOPMENT • • • ••■•••• ..... 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