The URL can be used to link to this page

Home My WebLink AboutOctober 6, 1998AN N O T A T E Dr 0 AGE'NDA ❑D❑ Arcadia City Council and-:" Redevelopment Agency �'�bLTiD Meeting `,October'6 -1996 600 P.M. Council Chamber Conference Room ACTION ROLL CALL: Council Members Chandler, Harbicht, Marshall, Roncelli and Kovacic Lack of quorum 6 p.m. meeting 1. TIME RESERVED FOR THOSE IN:THE AUDIENCE WHO WISH TO canceled ADDRESS THE CITY COUNCIL (NON-PUBLIC HEARING/ FIVE MINUTE TIME LIMIT PER PERSON) RE: 6:00!I?:M SESSION. .2. CLOSED SESSION a. Pursuant to Government Code Section 54957'6 to confer with City labor negotiators William Kelly, CarolPrzybycien and Dan Cassidy regarding Teamsters Local 911, AFSCME Local 2264, AFFA, APOA, Management and non - represented Employees. 7:00 p.m. Council Chamber INVOCATION Rev.`- Thomas';Shriver, Emmanuel Assembly of God Police Department Chaplain PLEDGE OF ALLEGIANCE .Tim Barrows' ROLL CALL: Council Members Chandler, Harbicht, Marshall, Roncelli and Kovacic- Harbicht Excused 3. PRESENTATION of Mayor's Senior Service Award to Kay Williams. 4. PRESENTATION of Mayor's Youth Service Award to Mel Giangrande. 5. PRESENTATION to the Arcadia Senior Softball Team, "The Golden Arches ". 6. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS. None 7. QUESTIONS FROM CITY COUNCIUREDEVELOPMENT AGENCY REGARDING AGENDA ITEMS. None MOTION: ' ' Read all Ordinances and Resolutions by title only and waive Adopted 4 -0 reading in full. 8. TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE CITY COUNCIL /REDEVELOPMENT AGENCY (NON- PUBLIC HEARING /FIVE MINUTE TIME LIMIT PER PERSON). 9. MATTERS FROM ELECTED OFFICIALS City Council Reports/ Announcements /Statements /Future Agenda Items RECESS CITY COUNCIL ACTION G. Roberson L.-Ramsey.. R. Johnson F. Stabler See Minutes 10. MEETING OF THE ARCADIA REDEVELOPMENT AGENCY ROLL CALL: Agency Members Chandler, Harbicht, Marshall, Roncelll and KovaCiC Harbicht Excused. a. Minutes of the September 1 Regular Meeting. Approved 4 -0 ADJOURN Redevelopment Agency to October 20; 1998 at 6:00 p.m. RECONVENE CITY COUNCIL 11. CONSENT a. Minutes of the September 1 and September 15 Regular Meetings. Approved 4 -0 b. Report and recommendation to approve Final Parcel Map 24950 for a Approved 4 -0 3 -unit residential condominium project at 165 -167 Bonita` C. Report and recommendation to approve Final Map 52401 for a 5 -unit Approved 4 -0 condominium project at 49 -53 El Dorado. d. Report and recommendation to approve Final Map 52368 for a 7 -unit Approved 4 -0 condominium project at 211 S. Fifth Avenue. e. Report and recommendation to approve street closures for the Arcadia Approved 4 -0 Festival of Bands to be held on November 21, 1998. f. Report and recommendation to adopt Resolution No. 6077, A Resolution Adopted 4 -0 of the City Council of the City of Arcadia, California, approving the submittal of the Transportation Development Act Claim form to receive funds for the operations of Arcadia Transit for fiscal year 1998 -1999. g. Report and recommendation to award a contract to Axtex — The Network Approved 4 -0 Solution, in the amount of $38,924.69 for the purchase of a new computer Network for the Fire Department and to transfer and appropriate $1,632.50 from the Equipment Replacement Fund. 2 CpngerlI continued Report and recommendation to adopt Resolution No. 6078, A Resolution Adopted 4 -0 of the City Council of the City of Arcadia,, California, establishing compensation and related benefits for the positions of Police Sergeant, Police Agent, and Police Officers for the fiscal years 1997 -1998 and 1998 -1999. N 0 ACTION Report and recommendation to award a contract to Rokni Electric Company Ad0ncea 4 -0 in the amount of $194,000.00 for construction /installation of 300 KW diesel generator and relocation of a"75 KW diesel generator from City Hall to Fire Station No. 3 and the Orange Grove emergency response facility. Report and recommendation to approve an extension of the Employment Approved 4 -0 Agreement between the City of Arcadia and James Reed (interim Fire Chief) to extend the period of employment from October 20, 1998 to December 31, 1998. 12. CITY MANAGER a. Report and discussion on Code Enforcement procedures. Report requesting City Council direction regarding proposed changes to the CBD regulations to allow hardship exemptions to Section 9264.2.7 relating to the use of ground floor for retail commercial businesses. 13. CITY ATTORNEY Raraiva & File Report Receive:& File Report - :.Forward Report& request to Planning Comsn. for consideration. Agendize item for Council, March 1999 Report and recommendation to INTRODUCE ORDINANCE NO. 2091, Introduced 4 -0 An Ordinance of the City Council of the City of Arcadia, California, amending Section 3240 of the Arcadia Municipal Code relating to parking on private property (signs). ADJOURN City Council to October 20, 1998 at 6:00 p.m. Mayor Kovacic ADJOURNED the meeting at 9:10 p.m. in honor of the City of River- side Mayor Ronald Loveridge and Riverside Councilmembers Chuck Beaty, Laura Pearson 3 i '..-' STAFF REPORT POLICE DEPARTMENT DATE: October 6, 1998 TO: Mayor and Members of the City Council FROM: Ronnie D. Gamer, Assistant City Manager /Chief of Police By- Nancy Cbik, Management Analyst- SUBJECT: Report and Recommendation to Approve Street Closures for the Arcadia Festival of Bands to be held on Saturday, November 21, 1998. SAY This report requests the City Council approve the closure of specific City streets for the Arcadia High School Music Club's 45th Annual Festival of Bands on Saturday, November 21, 1998. DISCUSSION Forty-four of the top California high school bands have been invited to attend and participate in the 45th Annual Festival of Bands. We have confirmed with the City Attorney that the appropriate insurance binders have been issued to properly protect the City . The proposed route will have the bands exit Gate 1 from the Race Track onto westbound Huntington Drive, southbound on Baldwin Avenue to eastbound Camino Real Avenue. At this point, the bands board their buses on the residential streets between Duarte Road and Norman Avenue and are taken to Arcadia High School. Parade awards are given at the High School and then the bands move to Citrus College in Glendora for the Field Competition. Arrangements have been made for the temporary posting of "no parking" signs in the staging and ending areas of the parade. Posting will occur the evening before the event. The Police Department provides parade route security for the event and Maintenance Services supplies barricades and assistance in preparation for street closure and traffic diversion. IMPACT AREA The request covers the closure of Baldwin Avenue from Huntington Drive to Camino Real Avenue, the residential streets bordered by Duarte Road and Norman Avenue, and Holly Avenue and Baldwin. The closure in west Arcadia will be from 8:30 a.m. to approximately 1:00 p.m. Closure of Campus Drive is required from 1:00 p.m until 4:00 p.m. LASER IMAGED lot,, , -v 1),V �a,v_ /� n En The Arcadia High School Music Club will notify the business community as well as the affected residential area by delivering letters to all who are impacted by this event. FISCAL IMPACT The police budget allows for an expenditure of $5,000 to cover Police Department overtime expenses for this activity. The actual cost cannot be determined until the event is complete, as salaries differ from employee to employee, but the expense should not exceed the budgeted amount. RECOMMENDATIONS It is recommended the City Council move to approve the closure of the City streets as specified in the staff report for the 45th Annual Festival of Bands on Saturday, November 21,1998. Approved: William R. Kelly, City Manager C' 's 10 — /D DATE: October 6, 1998 TO: Mayor and City Council FROM: James M. Reed, Fire Chief Reviewed by: Jan Steese, Purchasing Officer Prepared by: Michael A. Casalou, Management Analyst Trvit--� SUBJECT: Report and Recommendation to Award a Contract to Artex - The Network Solution, in the Amount of $38,924.69 for the Purchase of a New Computer Network for the Fire Department and to Transfer and Appropriate $1,632.50 from the Equipment Replacement Fund Summary As part of the Five Year Capital Improvement Program for Fiscal Years 1998 -2003, the City Council approved a total of $76,000.00 for a Computer Network System for the Fire Department. This project consisted of three separate components including a new network budgeted at $30,000.00, a Records Management System (R.M.S.) budgeted at $20,000.00, and fifteen workstations budgeted at $26,000.00. The Arcadia Municipal Code requires any purchases and contracts for supplies, materials, equipment and services with an estimated value greater than thirty thousand dollars to adhere to specific City purchasing procedures and be brought to the City Council for approval. Staff is therefore requesting the City Council award a contract to Artex - The Network Solution, in the amount of $38,924.69 and to transfer and appropriate $1,632.50 from the Equipment Replacement Fund. Discussion In May 1998, a quotation was received from Artex to provide a network upgrade to the Fire Department in the amount of $29,654.10. This quotation was the culmination of months of informational meetings between City staff and Artex representatives. Given their intimate knowledge of the existing network and their expertise with SUNPRO, staff identified Artex as a sole source vendor for computer network consultation and equipment needs. Additionally, because the cost of this project was originally below $30,000.00, no formal bidding was considered or required. Upon adoption of the Five Year Capital Improvement Program for Fiscal Years 1998 -2003, staff authorized Artex to begin working on the Fire Department network upgrade. Artex proceeded Page 1 LASER to submit an invoice reflecting a substantial increase in cost from the original quotation. Because Artex neglected to include routers in their original quotation, which permit each fire station to communicate with each other, the cost of the network component significantly increased. Artex representatives explained to staff that in their experience the agency receiving the network upgrade has always secured routers from their respective telephone company and assumed the same for this project. However, Artex agreed to reduce their invoice at staff's request in an effort to compensate the City for not disclosing these additional costs sooner in the process. Though the two other components (R.M.S. & Workstations) came in well under budget, the significant increase of the network component will place the entire project $1,632.50 over the budgeted amount. Fiscal Impact If approved, the City Council would authorize an additional $1,632.50 for completion of this project. Staff is recommending transferring these additional funds from the Equipment Replacement Fund. Recommendation Staff is recommending the City Council award a contract to Artex - The Network Solution, in the amount of $38,924.69 for the purchase of a new computer network for the Fire Department and to transfer and appropriate $1,632.50 from the Equipment Replacement Fund. APPROVED: Wt." William R. Kelly, City Manager Page 2 c9 g- v J °RpoRATLO STAFF REPORT DEVELOPMENT SERVICES DEPARTMENT DATE: October 6, 1998 TO: Mayor and City Council FROM: Don Penman,Deputy City Manager/Development Services DirectoiW By: Michael Busch, Transportation Services Officer AJS SUBJECT: REPORT AND RECOMMENDATION TO ADOPT RESOLUTION No. 6077,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING THE SUBMITTAL OF THE TRANSPORTATION DEVELOPMENT ACT CLAIM FORM TO RECEIVE FUNDS FOR THE OPERATIONS OF ARCADIA TRANSIT FOR FISCAL YEAR 1998-1999. SUMMARY Attached for the City Council's review and approval is Resolution No. 6077 authorizing the City Manager to submit Arcadia Transit's Transportation Development Act(TDA) claim form for Fiscal Year 1998-99. The claim form was prepared by staff and will be submitted to the Los Angeles County Metropolitan Transportation Authority(LACMTA) and the Southern California Association of Governments (SCAG). The City will receive $317,880 in TDA funding for FY 1998-99. DISCUSSION The Transportation Development Act is a State program that provides transportation funds to local agencies. One portion of the funding,the Local Transportation Fund (LTF), is derived from 1/4 cent of the 6.cent retail sales tax collected statewide. The 1/4 cent is returned by the State Board of Equalization to each County according to taxes collected within that County. In Los Angeles County,the LACMTA distributes the funds to each of the participating municipal operators. The City will receive $298,820 in LIT monies in FY 1998-99. The second fund source under the TDA program is the State Transit Assistance Fund (STAF). The STAF monies are derived from the statewide sales tax on gasoline and diesel fuels. The funds are appropriated to the State Controller for allocation by formula LASER INIAVD Xley7-,e ,/ // -f• FY 98-99 TDA October 6, 1998 Page 2 to County Transportation Commissions. The allocation formula is based on the following methodology, 50%according to population and 50%according to operator revenues for the prior fiscal year. The City will receive $19,060 in STAF monies in FY 1998-99. From the two programs,Arcadia Transit will receive $317,880 in FY 1998-99. FISCAL IMPACT As previously mentioned,the City will receive$317,880 in State funds to operate Arcadia Transit. This amount represents approximately 22% of Arcadia Transit's FY ,1998-99 Operating Budget. RECOMMENDATION IT IS RECOMMENDED THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 6077 AUTHORIZING THE CITY MANAGER TO SUBMIT THE TRANSPORTATION DEVELOPMENT ACT CLAIM FORM TO RECEIVE FUNDS FOR THE OPERATIONS OF ARCADIA TRANSIT FOR FISCAL YEAR 1998-99. Approved: William R. Kelly, City Manager Attachment . D j 2.O S-'Z) • �a` � /7 C 617 t=;; 40 rflPri ki • ii, ARC/iD O11.00•AT%0 STAFF EPORT DEVELOPMENT SERVICES DEP TMENT October 6, 1998 TO: Arcadia City Council FROM: Don Penman, Deputy City Manager/Development Services Director Michael H. Miller, City Attorney ' VWYY\ By: Donna Butler, Community Development Administrator SUBJECT: Report on Code Enforcement Procedures SUMMARY In response to numerous questions about the City's Code Enforcement progra and in an effort to make the community more aware of code enforcement efforts the following report has been prepared to provide a general overview of the City' program, primarily focusing on the Code Services Section of the Development Services Department. The report includes a breakdown of the most frequent complaints, how Code violations are processed and the procedures for resolving code enforcement issues. This report is for information purposes only. No action is requested of the City Council at this time. PURPOSE The purpose of code enforcement is to ensure that the residential, commercial and industrial neighborhoods are properly maintained and that the overa l character and the image of the City is sustained. Code enforcement mean enforcement of provisions of the municipal code and related statutes within the jurisdiction of the City. It does not refer to enforcement of the State Penal Code. Arcadia places a high emphasis on community appearance and, therefor , focuses much effort on enforcement of property maintenance requirements as set forth in the Municipal Code. WHAT IS CODE ENFORCEMENT? Code enforcement entails: LASER IMAGED cE110-6 rpt re CE � � 4° 7- October 6, 1998 gam, , Page 1 C. /7. /.2 . :c.. , 1. Enforcement of land use restrictions including property maintenance requirements, illegal land use, maintaining junk and debris on property, structural violations and property that is deteriorating to an unsightly condition. The City's Code Services Officer primarily handles this type of code enforcement. 2. Enforcement of fire and building code provisions. This includes plumbing and electrical code violations as well as fire code violations and involves violations of the Uniform Building Codes and Fire Codes. This is generally enforced by the Fire Department and Building Services with assistance from the City's Code Services Officer. 3. Animal related enforcement activities are provided by the Pasadena Human Society. The City contracts with the Humane Society who enforces the provisions of the municipal code applicable to animals. The Police Department administers the contract. 4. Miscellaneous code enforcement is also provided by the Police Department. There are various municipal code violations that are enforced by the Polic- Department that can result in citations or filing of formal criminal complaint through the City Attorney's office. Some of these violations include parking i residential areas on unpaved surfaces, selling without a license, etc. DEVELOPMENT SERVICES DEPARTMENT - CODE SERVICES As noted, the primary focus of this report is on the City's Code Services Sectio within the Development Services Department. The City has one (1) Code Services Officer (CSO) who spends approximately 55% of her time conducting field inspections and processing complaints for residential (75% of complaints) as well as commercial/industrial properties (25% of complaints). The residential inspections include: • Lack of landscape maintenance • Inoperable vehicles • Stagnant pool water • Illegal garage conversions • Illegal guest house conversions • Dilapidated building exteriors • Visible trash containers • Accumulation of excessive debris, junk, etc. • Home Occupation violations • Renter complaints In the Commercial and Industrial areas inspections primarily include: CE\10-6 rpt re CE October 6, 1993 Page 2 • • Sign violations • Illegal outside displays and illegal storage • Lack of maintenance — especially in industrial areas Once property owners/tenants have been noticed regarding code violations, th= CSO spends another 25% of her time conducting reinspections. The balance o her time is devoted to office meetings, preparing reports for the City Attorney issuing citations, taking complaints on the telephone and at the counter an. responding to calls regarding violations or citation letters. Resolving complaints often involves coordinating efforts with other Cit departments, divisions and outside agencies including Maintenance Services Fire Department, Police Department, Planning and Building Services, Economic Development, the County Health Department and outside contractors. In addition to general property maintenance issues, the Code Services Officer i responsible for the Graffiti Removal Program. This includes contacting the City' graffiti removal company and conducting inspections both before and after t insure proper removal. CURRENT CODE SERVICES ACTIVITY Prior to the 1997-98 budget year, the City had two (2) Code Services officer who were able to take a proactive approach to property maintenance by not on!' responding to complaints, but also conducting general drive-by inspections in a I areas of the City. This enabled the CSOs to focus their efforts on specific area of the City such as the commercial or industrial districts where many violation occur such as signage, abandoned buildings, outside storage, inadequat property maintenance, etc. Since the reduction in staff, the code services officer has primarily focused o responding to complaints, taking a more reactive approach than proactive. Recently, the Code Services Officer and the new Assistant Planner have teame together to address sign code violations throughout the City's commercial districts. The initial efforts focused on window signs and banners. This scope has been broadened to include all signs within the commercial areas. Thus f r this has proven to be an effective approach to addressing sign violations and 56 letters have been sent out to businesses advising them of code violations wi h 80% compliance. CODE ENFORCEMENT PROCEDURES The following is a summary of the procedures for processing a typical co•e enforcement complaint: CE\1O-6 rpt re CE October 6, 19 8 Page 3 f . General Complaints Complaints are generally processed in the order that they are received. However, if complaints are life safety issues they are referred immediately to either Building Services or the Fire Department (sometimes both). Code Services may also take a subordinate role in the process. All animal complaints are referred to the Pasadena Humane Society. Typical Steps in Processing Complaints , 1. Code Services receives complaint 2. Within 1 to 2 days the property is inspected 3. Based upon inspection, a letter is generally sent within a day to the property owner citing the violation and given a date to comply. This is usually 10 to 141 days from the date of the letter. Depending on the severity of the violation' more time may be allotted for compliance. 4. A reinspection is made on the compliance date 5. If the property is in compliance the case is closed 6. If the property owner contacts Code Services within the time frame specifie and requests an extension, an extension may be granted (based o circumstances). 7. If the property is not in compliance and no contact has been made with th City, a second notice is sent with a final date to comply, usually 5 to 7 day from the date of the letter. Again, this is based on the severity of the violation 8. A reinspection is made on the compliance date. If the property is i compliance the case is closed. 9. If contact has been made with the property owner and there has been some progress the City may grant additional time with a specific completion date. 10. If no contact has been made and the property is not in compliance, a citatioril is issued. The goal of the citation is to secure compliance and attainment of fine money to recover some of the cost for enforcement. 11. The property owner has 30 days to comply and pay the citation and/or file f r an administrative hearing. 12. The administrative hearing offers the property owner an opportunity to explai his/her reason for not resolving the code violation. This appeal is held befor an independent hearing officer. 13. Based upon evidence presented, the hearing officer will either find in favor of or against the property owner. If the hearing officer rules in favor of the property owner, the violation is dismissed and the citation fee refunded. If the hearing officer rules in favor of the City, the fine must be paid and the property brought into code compliance. The City's citation program is relatively new. Twenty-three citations have been issued, four have gone onto collection or are pending action by the City Attorne . CE\10-6 rpt re CE October 6, 1998 Page 4 A total of $1,176.56 has been collected. As of the writing of this report only four (4) appeals have been filed. Two (2) cases have been heard before the hearing officer who, after testimony and reviewing the evidence, ruled in favor of the City. Two appeals are pending a hearing date. Other Procedures for extended non-compliance Nuisance Abatement In lieu of criminal prosecution (explained below) or administrative citations, certain property maintenance cases, particularly serious cases of junk property combined with either absentee or uncooperative property owners or residents may result in nuisance abatement procedures. There are two nuisance abatement procedures. The first procedure is a Notice to Abate ordered by the Building Official. This process allows a property ownerl ten (10) days to commence abatement and if abatement is not commenced, the Building Official may commence appropriate action to abate the nuisance by the City. This procedure DOES NOT REQUIRE approval of the City Council. Th property owner may appeal this notice to the City Council within the ten (10) da period. If the property owner fails to commence abatement, the City will then take action to abate the conditions cited. Costs for abatement are then assessed against th property owner. An alternative abatement procedure has been adopted for vacant lots or where the property owner is difficult to contact. This procedure provides for a public hearing process before the City Council. The City Council makes the determination as to whether or not the City should proceed with abatement. If the Council authorizes abatement, the City will then take the appropriate action to abate the conditions and the costs for abatement is then assessed against the property. Except in emergency situations, all abatement procedures require that the City Attorney obtain an abatement order from the municipal or superior court before the actual cleanup (abatement) work can commence. All costs for both abatement procedures are paid for by the City and the assessed against the property. The City issues an invoice for collection. If property owner fails to pay for the abatement procedure, the cost is placed on the tax bill. CE110-6 rpt re CE October 6, 1998 Page 5 Criminal Complaint A criminal complaint is generally used when all other avenues for compliance have been exhausted. This brings the violator into court. The City Attorney files a misdemeanor complaint against the property for non-compliance and an arraignment date is set. During the arraignment and pre-trial process, the violator is urged to comply. If reasonable compliance is achieved or the property is brought into compliance by the arraignment date, the criminal case is usually dismissed or the property owner may be placed on probation or fined for the cost of enforcement. RECOMMENDATION This report is for discussion purposes only. It is recommended that th- City Council receive and file this report. APPROVED: - William R. Kelly, City Manager CE\10-6 rpt re CE October 6, 198 Page 6 v s"g'o —1 Y •1 1Y .� .7. ATO MEMORANDUM piLTi� _ OFFICE OF THE CITY ATTORNEY Date: October 6, 1998 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: MICHAEL H. MILLER, CITY ATTORNEY or T1 SUBJECT: ORDINANCE NO. 2091 AMENDING SECTION 3240 OF THE ARCADIA MUNICIPAL CODE RELATING TO PARKING ON PRIVATE PROPERTY(SIGNS) INTRODUCTION California Vehicle Code Section 22658 was amended relating to the size of signs posted on private property. Under the law,the owner or person in lawful possession of private property may cause the removal a vehicle parked on private property if a specified sign of a size specified by ordinance is posted. Therefore,Arcadia Municipal Code Section 3240 must be amended to be consistent with the Vehicle Code to enable the police to tow violator vehicles. RECOMMENDATION Move to introduce Ordinance No.2091 amending Section 3240 of the Arcadia Municipal Code relating to parking on private property (signs) and bring back for adoption at the City Council meeting of October 20, 1998. CONCURRED: 11 Ili ,41 William R. Kelly City Manager Attachment c: Ronnie Garner, Police Chief • Akiii . .yc i91,J J i .09r. t _ *\s°+'°aA,s3- STAFF REPORT •. " - DEVELOPMENT SERVICES DEPARTMENT October 6, 1998 TO: Arcadia City Council • . . (e, .: .. . " "FROM: Don Penman,Deputy,City.Manager/Development Services Director By Donna_Butler, Community Development Administrator ' SUBJECT:. Report requesting, City ` Council direction regarding :proposed changes-.to_ the CBD- regulations to allow -hardship exemptions to Section 9264.2.7 relating to the use,of ground floor area"for retail commercial businesses - SUMMARY. t:-. On August 12, 1998, the City Council received a letter from John Howell, representing Faye Stabler, the owner of the property at 34 East Huntington Drive, requesting that the CBD"(Central Business District) zone be amended to include a "hardship exemption" to permit uses other than retail businesses within the front one-third of a building along Huntington Drive. -- The-Development Services Department is requesting City Council direction on whether or not to proceed with a text amendment relating to this request. BACKGROUND = ' - In March, 19. 98, at the direction of the City Council, the Development Services Department initiated Text Amendment 98-001 proposing changes to certain sections of the CBD regulations primarily"relating'to"uses;-sianage and outdoor _ displays. At that time the Council requested that the Planning Commission focus on two issues: • 1. Are the types of businesses and uses permitted too restrictive? 2. Review the restrictions on the types of businesses permitted to occupy the • first floor of a building in the Downtown Area (along Huntington Drive and First Avenue). The Planning Commission held four study sessions that included property and business owners in the downtown area and representatives from the Arcadia Business Association CBD\1a6 Rpt Re CBD Changes Howell — CBD Report . October 6, 1998 • Page 1 LASER IMAGED .::. c.M M . /..2 hi. • • .At that • time, several letters were submitted to the Planning Commission _::. :expressing concern regarding the regulation permitting only specified "retail" businesses and financial institutions within the front 1/3 of the ground floor area of buildings fronting on Huntington Drive. The Planning Commission in its consideration discussed the restriction of retail uses along Huntington Drive. It was the consensus of the Commission at its February, 1998... meeting, that the regulations had only, been in effect for approximately,a.year and;,a half_and that':there had.not been adequate time to gauge ,.the effectiveness-of the`code They 'noted that there is considerable development;taking place Downtown.and that it was premature to change the . code;;at this time The Commission did acknowledge that rthe code-Can'°be amended ata later date"if it is'determined that the "retail' only;requirement along Huntington Drive is too restrictive. - On March 17, 1998, the City Council held a public -hearing to consider Text amendment 98-001. At this time, the Council also reviewed requests from several persons to reconsider the .restriction of requiring retail businesses`along Huntington Drive..:The.City Council in their deliberations noted: That to change,the:code now would..not be beneficial.: That although Huntington Drive_May.never become total:retail_due to its artenal flow of traffic,time needs to be employed to see-the effect`of • such things as the Farmer's market. {` = • Another;-°Council:,.member,,_commented that. the area - is becoming • : revitalized and the:.retail use requirements should be Maintained-Which - would further-the development of the=downtown area • That the endorsement by the ABA, Planning Commission. and Development Services Department-was to keep the zoning-as=is=with the restriction..-- However, concem .was expressed _that;_the .individual situations may result in hardship and thoughtthat revisiting this_,matter : in ,a-,year for,modifcation to the_retail or.CUP requirements or adding a hardship clause-may_be-necessary and helpful . The City Council voted 4 to 0 with one member absent to adopt the 'proposed changes as recommended by the Planning Commission. PROPOSAL • John Howell, on behalf of Ms. Faye Stabler, owner of 34 East Huntington Drive is requesting that a hardship exemption be added to the CBD zone to allow exceptions to the requirement that the front one-third of a building . along Huntington Drive be utilized for retail space. Section 9264.2.7 of the CBD regulations state: CBD\10-6 Rpt Re CBD Changes Howell — CBD Report „ October 6, 1998 Page 2 a • "In order to maintain an active pedestrian environment within the 4. - - downtown, only specified- retail commercial businesses and financial institutions shall be allowed within the front one-third of the ground floor for • structures front on Huntington Drive and First Avenue." The only exception is "Where a structure has been_ specifically designed, constructed and maintained to serve office-type uses.and where because of limited pedestrian access the structure would not properly service retail- type uses, then office and business service uses may occupy'the ground _ floor, including the front one-third of the structure Mr. Howell commented in his letter that the -building at 34-E. Huntington Drive was'not "retail .in`<character Chas proven';unrentable:to -retail-'users, sand:'cannot reasonably be converted to=retail.-space".; ML Howell's letter further explains why --the building is"virtually unrentable as'retail space".::' - :: _L.,, - As a result of problems encountered in renting this space to a retail business Mr. Howell has-submitted a letter=to 'the City Council requesting that the=Council - initiate,a text amendment that would provide a "hardship" exemption in the code. The following are some changes he has suggested: =..- . : - "Office and business service uses may occupy the ground:floor,:.including the front.one-third of the structure where-:a property-is_not'conductive to retail use and e xtraordinary measures would be -required •to create -retail - demand for the space:": t=>:" : . _ ... . , _ , :. . ._ . _ r"" "Office and business service uses may occupy the ground floor, including . ,the.frontione-third of-the structure where:a:property_:is_currentiy designed and constructed to service office-type:uses,.such-design and,construction aremot conductive to retail use and it could not reasonably;be adapted to retail use without creating a hardship. For purposes hereof, a:hardship -• - -.:--.--------- - ... shall be deemed to exist-if expenditures required to convert to retail would.___ _ .__ _._. .__ - exceed three months'fair market rental value for improved retail space." On September 22 the City was advised by Ms. Stabler, the property owner, that she has rented this site to a retail business; however, she would still like to proceed with this request. ANALYSIS Although a •"hardship exemption" does have merit, the determination as to whether or not a hardship exists should not be left to the property owner. If the • Council decides to proceed with this request, staff would suggest the following alternatives for consideration in making a hardship determination: • CBD110-6 Rpt Re CBD Changes Howell — CBD Report October 6, 1998 - Page 3 • 1. That requests for hardship be processed by the Deputy City Manager/Development Services Director. , 2. That requests for hardship-be processed as a modification subject to review by the City's Modification Committee (comprised of a representative from the Development Services Department, City Manager's Office and a Planning Commissioner). ;. 3. That requests_for.hardship be processed by.the Planning Commission. ... ... As part::of::=the:_:text amendment ::process; precise-.findings for a hardship deter iination..would be established.based upon specific.,:building designs:and criteria. This criteria might be.:based on a,number:•of-factors,- including; but not necessarily limited to: 1. The :building floor plan is not a typical layout :for a retail business and the . . -.. ::costs to design the'space for a retail use places an unreasonable:burden on " the property owner/tenant. 2. ..-The-building has been utilized in•the .past for:of ice.or service_space and _cannot be reasonably adapted to retail use. ; 3. That the property has been vacant for period-of time.(to be-.determined by the City Council) and the property owner has been unable to•secure a retail. _ • = :tenant, thus-.creating an unreasonable :monetary hardship on the property F-owner. 1. °Pnorto:presenting the:-text amendment to the Planning Commission,;and City :Council, the-Development.Services-Department recommends.-that_ttie.Arcadia Business-Association (ABA)-review and comment on any suggested;changes to the code.:.. If the=.:City "Council. selects .any,-of the above alternatives,--you.-..-:May.:„-wish= to... consider charging a fee to cover the cost of processing-a hardship request relating to staff time conducting:field inspections and preparing reports. Any change to the code would require a text amendment. The text amendment procedures provide for a public hearing before both the Planning Commission and the City Council. The text amendment process takes approximately- 16 weeks, (including the 31-day period for the ordinance to become effective). Because this is within the downtown area, staff would recommend that the Arcadia Business Association provide their input • CBD\70-6 Rpt Re CBD Changes Howell — CBD Report October 6, 1998 Page 4 CITY COUNCIL ACTION • if the City Council determines that a change in the text may be appropriate the City Council could either: 1. Direct staff to prepare the appropriate text amendment for consideration by the Planning Commission and City Council at a later date; or 2. Suggest that the property owner and/or other interested persons submit an application for a text amendment (cost$1,500). •-• „- Enclosures Letter and supporting documentation from John Howell _ Approved by: , William R. Kelly, City Manager_ , _ . _ • _ CBD10-6 Rpt Re CBD Changes Howell— CBD Report October 6, 1998 Page 5 • JOHN R. HOWELL • ATTORNEY AT LAW 301 EAST COLORADO BOULEVARD, SUITE 320 PASADENA, CALIFORNIA 91101-1911 -(626) 796-3004 T facsimile (626) 796-0118 jrhowell @pacbell.nct August 12, 1998. AUG 1 2 1998 Gary A. Kovacic, Mayor, and Members of the City Council - _ City of Arcadia • . - 240 West Huntington Drive Arcadia, CA 91066-6021 Re: Downtown uses . Proposed supplement to code Dear.Mayor and Members of the City Council: I represent Faye Stabler, who owns the property located at 34 E. Huntington Drive, Arcadia. It is within the downtown area, which is subject to CBD Zone regulations. Staff has informed my client that the code requires the front one-third of her space to be retail. However, her property is not configured for retail use and -has proven to be unrentable as retail space. Nonetheless, staff has informed.her that the only exemption in the code does not apply to her property. There is no hardship exemption from compliance if a given property is not conducive to retail use and extraordinary measures would be required to create retail demand for the space. We ask the City Council to consider supplementing the use section of the Central Business District zoning regulations to allow for a discretionary hardship exemption. Section-9264.2.7 of the code governs uses on Huntington Drive and First Avenue in the CBD zone. It provides that "only specified retail commercial businesses and financial institutions shall be allowed within the front one-third of the ground floor for structures fronting on" those streets. The only exception is where "a structure has been specifically designed, constructed and • maintained to serve office-type uses, and where because of limited pedestrian access the structure would not property serve retail-type uses". In such event, "office and business service uses may occupy the ground floor, including the front one-third of the structure". We are told the building cannot qualify because, first, the most recent tenant obtained a permit from the City to operate as a bookstore (even though retail sales were incidental to the tenant's use as a center for well being, including • • ' Mayor and Members of tl- ity Council City of Arcadia August 12, 1998 Page 2 • self-realization seminars, classes, Rolling, fortune telling and the like), and • second, it was not originally designed and constructed in the 1920's as office • space (although it was reconfigured as office space in 1975, and since that time has had only office uses, except for the self-realization center). My client understands the intent of the code is to enliven the retail character of the downtown area and to increase pedestrian activity. However, her building is not retail in character, has proven unrentable to retail users, and cannot.:;: . - reasonably be converted to retail space. The enclosed letter from Carole,Walker.,of John Alle:and Company.,the listing commercial real estate broker for the building, goes into some detail as to why the property has not leased.as retail or mixed retail.space. It has been actively marketed since April, 1997, without results. (However, Carole, who specializes in renting retail space, points out that interest has been shown for service retail and office users, both prohibited uses). Please refer also to the enclosed space • plan. Factors which make it virtually unrentable as retail space are as follows: • The building is designed for office uses. It is not feasible for a retail tenant to use the space:behind the front dividing wall as retail. • • Small retail users will not have the.cash to do the extensive work to convert the,space to retail; high profile retailers are not interested in the area. • It is not practical for thefrontportion to be.retail use.- • -.It is extremely unlikely. that a single tenant will have both office.and •- retail components. :-:, : : . • A.stand-alone retail tenant cannot operate in the front portion. •- Parking is in the rear. Customers-would have to-walk-around:;: the block to.reach the front space. Constructing a passageway - to the front would require an entire redesign of the space. • It is impracticable for the front tenant to use the bathrooms;- which are in the rear of the property. ADA compliance would require new bathrooms. • Even if a separate retail tenant were located for the front space, the rear would not be rentable for offices because there are no windows. . • • It is not feasible to team up with a retail user of adjacent properties to utilize the front portion as additional retail space. • The front portion amounts to approximately 1/4 of the overall space, not 1/3. Strict compliance with the code would require demolition of the demising wall, negatively impacting the rear portion. • Preparing the entire space for a single-tenant product retail use would require an expenditure of at least $25,000 to $35,000, according to the • broker. This would amount to 12 - 18 months'worth of rent (2000 feet at $1.00 per foot). My client believes that even a lesser amount would be an • unreasonable burden to place on the property owner, particularly because Mayor and Members of the City Council City of Arcadia August 12, 1998 Page 3 • there is no realistic assurance that the reconfigured space would be • rentable as retail, as there are no retail tenants in the immediate block of the subject property. - If the Council believes there is merit to exempting compliance with the current code where hardship would result, perhaps the following might set a'workable standard for exemption: - "Office and business service uses may occupy the ground floor, including the front one-third of the structure where a property is" ' = [choose one.of the following]: ' _ not conducive to retail use and extraordinary measures would be required to create retail demand for the space' - • or currently designed and constructed to serve office-type uses, such design and construction are not-conducive to retailuse, and it could not -reasonably be adapted to retail use without creating a hardship. For = purposes hereof, a hardship shall be'deemed"to exist if;expenditures required=to=convert to retail would exceed three months'fair market rental value for improved retail space.' Thankyou:for your consideration.-= Very truly°yours; .__:. :.. .. John R. Howell cc: Donna Butler Carole Walker Faye Stabler • • r-1.. . . . . . r,. . . . • 1 t 1 . . . - ■ ._....„. . .3 6 i . . . .. . .. . . . . t_Fo - (=2 0//0 " ---7 . . . . . i• ;. .. . . . . . ., . ,.. .., .: . . . • • , . . '' ... . . . . . ...' . • , ,. ,. .. . .. . . 7. . . .... ., .... .y .... • , . . . . . ..., . . .. . . . . . . .. ... . . .. .... . , .. . . . . . . _/. . . . . • . • • . , . .. , . ... . . . . (...,._ .. • „. ,.." . . „,. . . . t A, , . . . .. . . . ,...• ,..! •,,,, . . .. . -,....„), . H .1.., .• • . • • . . .r.:. ..„ -_, . . . . . . . N.4,,,. (k, . ... . . .. _ J ' .. ,.•„;.. ._.., , . •... . . . . . . . I ,•. ,.,.. „. . .: . 1 . . . . . . . . . . ..• . . .. . • . . . . : . . . ... • .. .____ . , •:,, ... ..., ..:,.....•'..-...: ,,.,-.-.' . - .- . r % . . , . . . . . . ,.. . : .,;,•. . . -': , ,;•,.. ..„ ..! ''' .--•. •-.: . ..., :7 -:.,-.•• - : • .•• .... .... .- • ' . • . ....::' ...- . . ,. . : . .. . .., . •.. •:' , . .:, • • , . . • . • • . . . • . . ■. . 1 . . . ... . . . .. . .... .. . . . . . • • • AUG-12-'98 08: 2? I D N ALLE COMPANY TEL NO:818-7S 358 #483 • JOHN ALLE COMPANY Commercial Reel Estate Brol<rrag. • • August 11, 1998 • Members of the City Counsel • City of Arcadia • 240 West Huntington Drive Arcadia, CA 9I066-6021 .._._ Dear Counsel Members: . • Ihave been the commercial listing agent for 34 East Huntington Drive for the past twelve • months. Prior to my taking the listing, another broker attempted to lease the space for four months strictly to retail users,to no avail. There has been interest from service, retail and office users such as consultants,insurance and mortgage companies. Even though these prospects wanted to lease the space,they -were prohibited due to the current zoning ordinance. . _ The space is currently configured for offices and would require at least S25,000'to ff •• ,:$35,000.to convertit into a product_retail use 'The'retail only"requirement for the front 1/3 would not be practical since the remaining back space would not have light. Parking-_ • • - is in the rear and..customers for retail businesses"would have.to walk to the end of the block and then downHuntington Drive. The arcade next door will be rebuilt and it will no longer have the passageway that is currently there. It is apparent that high profile retailers are not interested in leasing space in the area due to the lack of foot traffic. Many tenants have turned down the space due to the absence .___..._. _ _.._. . .. of customer activity and lack of other majorretailers in the immediate vicinity. Smaller retail users are more interested in going into a strip retail center where they are next to other retail users. They would have less cash outlay to redo their spaces since retail centers are configured with mainly wide open areas. Retail centers also have ample parking in the front area of the stores. • • The Iimitations of the zoning ordinance have.greatly impacted the leasing of this particular space, causing undue hardship on the owner. Her request for relief comes after many months of patiently waiting for a prospect that will meet the City's criteria. • • - 150 South Lot Robles Avenue,Suite 580.Pasadena.CaSiomie 91101•Prime(815)7951511-Fax(818)795-9358 •3201 Wilshire Bduleva d,Sul a 100.Santa Monk.a.Card ornla 90403•Puna(213)624-5'x60/(310)31-.1511•Fax(310)4539027 • • I,u+oio-rte:- e._ ii484 P02 rTh City of Arcadia City Counsel August 11, 1998 • .- - .. . - Page2 Even though we have marketed the property extensively along with other prior brokers none of us have been able to find a product/retail tenant that will lease the space or a portion thereof. ' • Paye Stabler's request for relief from the ordinance should be granted in some capacity that would allow her to lease the space to office/retail as well as product/retail. P y If you have any questions or comments, please feel free to call me. Sincerely, p,,gadk . .- .. - Carole Walker Executive Vice President TFf00,1-0 w44118•' ia,. - .-. •