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HomeMy WebLinkAboutSeptember 7, 2004ROLL CALL: A G E N D A Arcadia City Council and Redevelopment Agency Meeting September 7, 2004 6:00 p.m. Council Chambers Conference Room City Council /Agency Members: Chandler, Marshall, Segal, Wuo and Kovacic 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) 1. CLOSED SESSION a. Pursuant to Government Code Section 54956.6 to confer about labor contract negotiations - California Teamsters Public, Professional and Medical • Employees' Union Local 911 (Confidential, Supervisor, Professional and General Employee Unit and Public Works Employee Unit), Arcadia Police Officers' Association, Arcadia Firefighters' Association, and unrepresented employees: Department Heads, Division Managers, Supervisors and part-time employees (City Negotiators William W. Floyd and Tracey Hause) b. Conference with Real Property Negotiators (Government Code Section 54956.8) Property 55 West Huntington Drive 21 Morlan Place 28 West Santa Clara 41 West Huntington Drive 35 West Huntington Drive 27 West Huntington Drive 130 West Huntington Drive Property Owner Paul Rusnak Hann Ling Shaw (Church in Arcadia) Don and Ray Dahlgren Mr. and Mrs. Manny Romero Gary and Dan Braun (35 west Huntington Partners) Richard Fisher (Tempelkadian) Arcadia Land Corporation, Alhambra, Linda Chang Negotiating Parties — Agency Deputy Executive Director and Economic Development Administrator • Under Negotiation — Price and terms of payment LASER IMAGED Gary A. Kovacic, Mayor . John Wuo,'Mayor Pro tempore . Roger Chandler, Gail A. Marshall, Mickey Segal, Council Members William R. Kelly, City Manager Jim Barrows, City Clerk -.� WELCOME TO YOUR CITY COUNCIL MEETING Thank you for attending an Arcadia City Council meeting. The following information is provided to make the meeting a more meaningful and understandable event. The City of Arcadia is governed by a five - member City Council, which also serves as the Redevelopment Agency. Every even - numbered year, either two or three Council Members are elected at large to serve four -year terms. The City Council elects, from its membership, a Mayor to serve as the presiding officer for a one -year period. The City Manager is employed by the City Council to carry out its policies and to serve as the Chief Executive Officer of the City and the Executive Director of the Redevelopment Agency. REGULAR CITY COUNCIL MEETINGS are held on the first and third Tuesdays of the month at 7:00 p.m. in the Council Chambers located at 240 W. Huntington Drive. Meetings are broadcast live on cable channel 20 and replayed at various times in the following weeks. From time to time, special meetings are scheduled for specific purposes. The City Council follows a regular order of business, as provided in the agenda for each meeting. The agenda is prepared and made available to the public 72 hours in advance of the meeting. Full agenda packages are available for review prior to the meeting in the City Clerk's Office at City Hall and at the Arcadia Public Library. CITIZEN PARTICIPATION is invited at all City Council meetings. At each regular meeting, time is reserves.• for those in the audience who wish to address the City Council on any matter. There is a five- minute time limit per person. Please be aware that, pursuant to the provisions of the Brown Act, the City Council is prohibited from taking action on any issue not listed on the agenda, unless an emergency exists requiring City Council action or an urgent need for action arises after the agenda is published. Time is also reserved for individuals wishing to address the City Council about a scheduled "Public Hearing" item. With respect to Public Hearings, persons addressing the City Council should limit their remarks to the matter under consideration. CONSENT CALENDAR items are considered to be routine in nature and may be enacted by one motion. There is no separate discussion on these items unless a Council Member so requests. An ORDINANCE is a City law which can only be amended or repealed by adoption of another Ordinance. A proposed Ordinance requires two readings —an introduction and an adoption —at separate City Council meetings. Ordinances become effective 30 days after adoption. A RESOLUTION is an official statement of City Council policy, directs certain administrative or legal action, or embodies a public City Council statement. A Resolution is adopted the same night it is proposed. Once adopted, it remains City Council policy unless changed by a subsequent Resolution. In compliances with the AMERICANS WITH DISABILITIES ACT, if you need special assistance t.• participTfe�in a ,City gouncil jeeting, please contact the City Manager's Office at (626) 574 -5401 at least three (3) working days before the meeting or time when special services are needed. This notification will help City staff in making reasonable arrangements to provide you with access to the meeting. • 7:00 p.m. Council Chambers INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL: Council Members /Agency Members: Chandler, Marshall, Segal, Wuo and Kovacic 2. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDAITEMS MOTION: Read all Ordinances and Resolutions by title only and waive reading in full 3. PRESENTATION to the City by Mariposa Landscaping 4. PUBLIC HEARING — CITY COUNCIL All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony concerning the proposed items • of consideration. You are hereby advised that should you desire to legally challenge any action taken by the City Council with respect to the proposed Items 4a and b, you may be limited to raising only those issues and objections which you or someone else raised at or prior to the time of the Public Hearing. a. Utilization of Law Enforcement Block Grant funds for the Y.E.S. Officer Program Recommendation: Approve Recommendation: Adopt 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) 5. MATTERS FROM ELECTED OFFICIALS City Council Reports /Announcements /Statements/Future Agenda Items 6. CONSENT — REDEVELOPMENT AGENCY a. Minutes of the August 17, 2004 regular meetine and corrected Minutes of • the August 3, 2004 regular meeting Recommendation: Approve 2 0 CONSENT — CITY COUNCIL b. Minutes of the August 17, 2004 regular meeting and corrected Minutes of the August 3, 2004 regular meeting Recommendation: Approve C. Ordinance No. 2195 amending Article IV, Chapter 2, Divisions 1 and 3 of the Arcadia Municipal Code concerning gambling Recommendation: Adopt d. Ordinance No. 2198 amending Section 6434.2(a) of the Arcadia Municipal Code relating to solid waste collection at Santa Anita Race Track Recommendation: Adopt e. Ordinance No. 2200 amending Section 2710 of the Arcadia Municipal Code to establish the design of the Seal of the City of Arcadia Recommendation: Adopt f. Purchase of code enforcement software Recommendation: Waive the formal bidding requirements and authorize • the City Manager to enter into a contract with HdL Companies in an amount not to exceed $20,000.00 for code enforcement software g. Inspection services for street improvements on Baldwin Avenue Recommendation: Authorize the City Manager to enter into Amendment No. 1 to the Professional Services Agreement with A.C.S. for inspection services in the amount of $9,700.00 h. Rehabilitation of Orange Grove IA and Live Oak Well Recommendation: Accept all work performed by Layne Christensen Company, Incorporated as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $22,224.95 i. Annual tree trimming services contract Recommendation: Authorize the City Manager to award a one (1) year tree trimming services contract to California Landscape Services, Incorporated in the amount of $265,600.00, authorize the transfer of $50,000 from the Capital Improvement Program, and appropriate an additional $10,600.00 for these services • • j. Final Map Tract No. 53890 for a 10 -lot single - family residential subdivision at 1432 -1516 South Eighth Avenue Recommendation: Approve CITY MANAGER a. Continued consideration of an appeal of the Planning Commission's denial of CUP 2004 -005, a conditional use permit for an existing take -out business to operate a restaurant with seating for 68 patrons, including incidental outdoor dining at 136 Las Tunas Drive Recommendation: Deny b. Ordinance No 2197 pertaining to the composition of the Business Permit and License Review Board and the Home Occupation Board Recommendation: Introduce ADJOURN the City Council/Redevelopment Agency to September 21, 2004 at 6:00 p.m., Council Chambers Conference Room in memory of Glenna Rasmussen and Arthur L. Steffen • 11 ' ANNOTATED COUNCIL AGENDA — CITY OF ARCADIA TUESDAY, SEPTEMBER 7, 2004 ITEM NO. DESCRIPTION ACTION 1. a. CLOSED SESSION Pursuant to Government Code 54956.6 to confer about labor contract No reportable action negotiations — California Teamsters Public, Professional and Medical Employees' was taken by the Union Local 911 (Confidential, Supervisor, Professional and General Employee City Council Unit and Public Works Employee Unit), Arcadia Police Officers' Association, Arcadia Firefighters' Association, and unrepresented employees; Department Heads, Division Managers, Supervisors and part-time Employees (City Negotiators: William W. Floyd and Tracey Hause). Lb. Conference with Real Property Negotiators (Government Code Section 54956.8) No reportable action Negotiating Parties: Redevelopment Agency, Deputy Executive Director and was taken by the Economic Development Administrator City Council Under Negotiation: Price and terms of payment. Property Property Owner 5 West Huntington Drive Paul Rusnak 1 Morlan Place Hann Ling Shaw (Church in Arcadia) 8 West Santa Clara Don and Ray Dahlgren 1 West Huntington Drive Mr. and Mrs. Manny Romero 5 west Huntington Drive Gary and Dan Braun (3S W. Htg. Partners) 7 West Huntington Drive Richard Fisher (Tempelkadian) 130 West Huntington Drive Arcadia Land Corporation, Alhambra Linda Chang 4.a. PUBLIC HEARING — CITY COUNCIL: Approve the use of the proposed 2004 Local Law Enforcement Block Grant funds Approved for the Y.E.S. Officer Program; appropriate $1,076.00 from the General Fund as 5 -0 required by the Department of Justice; and authorize the City Manager to execute the agreements, as approved by the City Attorney. 4.b. PUBLIC HEARING — CITY COUNCIL: RES. 6432 Adopt Resolution No. 6432 ordering the vacation of a portion of the alley north Approved of Foothill Boulevard and west of Valencia Way. 5 -0 6.a. CONSENT AGENDA ( ARCADIA REDEVELOPMENT AGENCY): Request for approval of the Minutes of the August 17, 2004 Regular Meeting and Approved corrected Minutes of the August 3, 2004 Regular Meeting. 5 -0 CONSENT AGENDA (COUNCIL): 6. b. Request for approval of the Minutes of the August 17, 2004 Regular Meeting Approved and corrected Minutes of the August 3, 2004 Regular Meeting. -' 5-0 6. c. Adopt an Ordinance of the City Council of Arcadia, California, amending Article ORD. 2195 IV, Chapter 2, Divisions 1 and 3 of the Arcadia Municipal Code concerning Approved gambling. 5 -0 Page 1 oft LASER IMAGED 2? Page 2 of 2 6. d. Adopt an Ordinance of the City Council of Arcadia, California, amending ORD. 2198 Section 6434.2(a) of the Arcadia Municipal Code relating to solid waste Approved collection at Santa Anita Race Track. 5 -0 6. e. Adopt an Ordinance of the City Council of Arcadia, California, amending ORD. 2200 Section 2710 of the Arcadia Municipal Code to establish the design of the Seal Approved of the City of Arcadia. 5 -0 6. f. Authorize the City Manager to enter into a contract with HdL Companies in an Approved CONTRACT amount not to exceed $20,000.00 for code enforcement software. 5 -0 6.g. Authorize the City Manager to enter into Amendment No. 1 to the Professional Approved PSA Services Agreement with A.C.S. for inspection services in the amount of 5 -0 $9,700.00. 6. h. Accept all work performed by Layne Christensen Company, Incorporated for the ACCEPT WORK rehabilitation of the Orange Grove Well 1A and Live Oak Well as complete and Approved authorize the final payment to be made in accordance with the contract 5 -0 documents, subject to a retention of $22,224.95. 6.1. Authorize the City Manager to award a one (1) year tree trimming services CONTRACT contract to California Landscape Services, Incorporated in the amount of Approved $265,600.00, authorize the transfer of $50,000 from the Capital Improvement 4 -0 Program to the Operating Budget for tree maintenance, appropriate an Kovacic abstaining additional $10,600.00 to pay for these services, and authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. 6.j. FINAL MAP Approve Final Map No. 53890 for a 10 -lot single- family residential subdivision at 1432 -1516 South Eighth Avenue. Approved 5 -0 7.a. CITY MANAGER: AN APPEAL OF Continued consideration of an appeal of the Planning Commission's denial of Deny appeal A PLANNING CUP 2004 -005, a conditional use permit for an existing take -out business to 5 -0 BOARD operate a restaurant with seating for 68 patrons, including incidental outdoor DECISION TO dining at 136 Las Tunas Drive. DENY A C.U.P. 7.b. An Ordinance of the City Council of Arcadia, California pertaining to the ORD. 2197 composition of the Business Permit and License Review Board and the Home Introduce Occupation Board. 5 -0 Page 2 of 2 - -• 46:0139 CITY COUNCIL OF THE CITY OF ARCADIA and the ARCADIA REDEVELOPMENT AGENCY . REGULAR MEETING TUESDAY, SEPTEMBER 7, 2004 MINUTES Audio and video tape copies of the City Council /Redevelopment Agency proceedings are on file in the office of the City Clerk The City Council and Arcadia Redevelopment Agency met in a Regular Meeting on Tuesday, September 7, 2004, 6:00 p.m. in the Council Chamber Conference Room pursuant to the previously adjourned Regular Meeting. ROLL CALL PRESENT: Council /Agency Members Chandler, Marshall, Segal, Wuo and Kovacic ABSENT: None. PUBLICCDMMENT TIME RESERVED FOR AUDIENCE PARTICIPATION L CLOSED SESSION a. Pursuant to Government Code 54956.6 to confer about labor contract negotiations — California Teamsters Public, Professional and Medical Employees' Union Local 911 (Confidential, Supervisor, Professional and General Employee Unit and Public Works Employee Unit), Arcadia Police Officers' Association, Arcadia Firefighters' Association, . management and unrepresented employees; Department Heads, Division Managers, Supervisors and Part-Time Employees (City Negotiators: William W. Floyd and Tracey Hause). b. Conference with Real Property Negotiators (Government Code Section 54956.8) Property Property Owner 55 West Huntington Drive Paul Rusnak 21 Morlan Place Hann Ling Shaw (Church in Arcadia) 28 West Santa Clara Don and Ray Dahlgren 41 West Huntington Drive Mr. and Mrs. Manny Romero 35 West Huntington Drive Gary and Dan Braun 27 West Huntington Drive Richard Fisher 130 West Huntington Drive Arcadia Land Corp., Alhambra, Linda Chang Negotiating Parties for Agency — Deputy Executive Director/ Econ. Dev. Administrator Under Negotiation — Price and terms of payment RECONVB4E The Regular Meeting of the City Council and Arcadia Redevelopment Agency was REGIARMEETING reconvened in the City Council Chamber at 7:07 p.m. INVOCATION Reverend Philip Wood, Church of the Good Shepherd PLEDGE OF Jim Barrows, City Clerk ALLEGIANCE ROLL CALL PRESENT: Council /Agency Members Chandler, Marshall, Segal, Wuo and Kovacic ABSENT: None. LASER IMAGED 91,104 &i9 46:0140 REPORT FROM CLOSED SESSION Steve Deitsch, City Attorney, noted that there was no reportable action taken by the • City Council in the Closed Session meeting. 2. SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS Bill Kelly, City Manager, noted that there was an error in the August 17, 2004 City Council minutes; staff will correct the minutes to reflect Council Member Marshall's vote on item 2.a. as an "aye." MOTION - ORD. & It was moved by Council Member Marshall and seconded by Council Member Segal RES. READ BY TITLE then carried without objection that Ordinances and Resolutions be read by title only ONLY and that the reading in full be waived. 3. PRESENTATION to the City by Mariposa Landscaping The City Council was presented with an award from the California Landscape Contractors Association, which honored Mariposa Landscaping and the City for their work on the landscape for the new Police Headquarters. 4. PUBLIC HEARING — CITY COUNCIL a. PUBLIC Mr. Kelly noted that the City applied for and received approval for the 2004 Local Law HEARING - STAFF Enforcement Block Grant (LLEBG) in the amount of $9,683.00; the grant is provided to REPORT (Block assist local governments with program to reduce crime and improve public safety; the Grant funds) City of Arcadia uses these funds to continue the position of the Youth and Educational Support (Y.E.S.) Officer Program at Arcadia High School. • PUBLIC COMMENT None. MOTION TO A motion was made without objection by Council Member Marshall and seconded by CLOSE PUBLIC Council Member Chandler to close the public hearing. HEARING COUNCIL Council Member Marshall noted that at a recent joint meeting both the Arcadia City DELIBERATION Council and Arcadia Board of Education agreed that the Y.E.S. Officer program was of utmost importance as an outreach tool between local law enforcement and high school students. MOTION It was moved by Council Member Marshall and seconded by Council Member Chandler to approve the use of the proposed Local Law Enforcement Block Grant funds for the Y.E.S. Officer Program; appropriate $1,076.00 from the General Fund as required by the Department of Justice; and authorize the City Manager to execute the agreements, as approved by the City Attorney. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo, Kovacic NOES: None. 4. PUBLIC HEARING — CITY COUNCIL a. PUBLIC Don Penman, Assistant City Manager /Development Services Director, and Phil Wray, HEARING — STAFF City Engineer presented the staff report; staff noted that the owner of the property at • REPORT (Vacation 1111 Valencia Way has requested the City to vacate a portion of the alley west of — Valencia Valencia Way directly north of Foothill Boulevard; they further noted that the alley Way/Foothill Blvd.) serves no public access purpose; the Council previously approved Resolution No. 6428 030A It /1 2M 2 9/7/04 0 9 46:0141 declaring the City's intention to vacate a portion of the alley north of Foothill Boulevard and west of Valencia Way, staff is recommending that the City Council approve the vacation. PUBLIC COMMENT None. MOTION TO A motion was made without objection by Council Member Marshall and seconded by CLOSE PUBLIC Council Member Chandler to close the public hearing. HEARING COUNCIL In response to questions from Mayor Kovacic, Mr. Wray noted that the two subject DELIBERATION property owners had agreed to the lot line adjustment, that the City of Arcadia does not own the alley property, and that the property is an easement to the City. MOTION It was moved by Council Member Marshall and seconded by Council Member Chandler to approve a Resolution of the City Council of the City of Arcadia, California ordering the vacation of a portion of the alley north of Foothill Boulevard and West of Valencia Way. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo, Kovacic NOES: None. TIME RESERVED FOR AUDIENCE PARTICIPATION Arthur Cohen appeared to speak on item 7.a. Mayor Kovacic noted that Mr. Cohen could speak later in the meeting when Council would be considering the item. Bob Hoherd. 475 Wisteria, appeared to speak about the role of the Arcadia Beautiful Commission and his concerns about the proper role of the Council, City staff, and the Commissioners. In response to a question from Mayor Kovacic, Mr. Kelly noted that City staff will meet with the Arcadia Beautiful Commissioners to explain any changes in Commission policy. S. MATTERS FROM ELECTED OFFICIALS COUNCIL MEMBER Council Member Marshall noted that she had received a complaint that the dog size MARSHALL rules were being violated at the Dog Park; she requested information regarding the posting of signs and the feasibility of charging fines for violating posted rules; she also requested on update from staff regarding the Dog Park Volunteer Program. Mr. Kelly noted that he will work with the City Attorney to review posting and fine requirements; he further noted that Recreation and Community Services staff is meeting with an individual who was interested in developing a Dog Park volunteer program and they will report their findings to the Recreation and Park Commission on all the referenced issues and the matters would be on a future agenda to resolve any pending issues. COUNCIL MEMBER Council Member Segal thanked Mr. Kelly for organizing the recent joint meeting SEGAL between the City Council and the Arcadia Board of Education; he reminded the public about the Arcadia Educational Foundation's upcoming fundraising event at the new Westfield Shopping Center movie theatre; last, he noted that school is back in session and all drivers should be aware of traffic conditions around campus sites. 9/7/04 46:0142 COUNCIL MEMBER Council Member Chandler had no report at this time. CHANDLER • COUNCIL MEMBER Council Member Wuo thanked Mr. Kelly for arranging the recent joint meeting between WUO the City Council and the Arcadia Board of Education; he noted that he recently attended a "hard hat" tour of the Westfield Shopping Mall expansion; last, he reminded parents to allow themselves plenty of time to get students to campus and not to double park. CITY CLERK City Clerk Jim Barrows echoed Council Members Segal and Wuo regarding their BARROWS comments about school traffic safety. MAYOR KOVACIC Mayor Kovacic reminded the public about the Arcadia Educational Foundation's fundraising event at the Westfield Shopping Center on Thursday, September 30tH 2004, and noted that tickets could be purchased by calling 626 - 447 -2165. 6. CONSENT AGENDA — REDEVELOPMENT AGENCY The Consent Agenda items were read as follows by the Executive Director: a. MINUTES Request for approval of the minutes of the August 17, 2004 Regular Meeting and (Redev. Agency) corrected minutes of the August 3, 2004 Regular Meeting. MOTION - CONSENT It was moved by Agency Member Wuo and seconded by Agency Member Marshall, AGENDA then carried on roll call vote to approve items 6.a., on the Arcadia Redevelopment Agency consent calendar. ROLL CALL AYES: Agency Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None CONSENT AGENDA — CITY COUNCIL The Consent Agenda items were read as follows by the City Manager: b. MINUTES Request for approval of the minutes of the August 17; 2004 Regular Meeting and (City Council) corrected minutes of the August 3, 2004 Regular Meeting. c. ORDINANCE No. Council Member Marshall requested that this item be considered separately from the 2195 Consent Calendar. See detail below. d. ORDINANCE No. Adopt an Ordinance of the City Council of the City of Arcadia amending Section 2198 6434.2(a) of the Arcadia Municipal Code concerning solid waste collection at Santa Anita Race Track. e. ORDINANCE No. Adopt an Ordinance of the City Council of the City of Arcadia, California, amending 2200 Section 2710 of the Arcadia Municipal Code to establish the design of the Seal of the City of Arcadia. f. PURCHASE OF Authorize the City Manager to enter into an agreement with HdL Companies in an SOFTWARE amount not to exceed $20,000 for Code Enforcement Software; and authorize the purchase of a new application server in an amount not to exceed $6,000.00. • 4 9/7/04 46:0143 g. CONTRACT Council Member Marshall requested that this item be considered separately from the • AMENDMENT Consent Calendar. See detail below. h. ACCEPT ALL Accept all work performed by Layne Christensen Company for the rehabilitation of the WORK AS Orange Grove Well lA and Live Oak Well as complete; and authorize final payment to COMPLETE be made in accordance with the contract documents, subject to a retention of $22,224.95. L AWARD Council Member Marshall requested that this item be considered separately from the CONTRACT Consent Calendar. See detail below. j. FINAL MAP TRACT Council Member Marshall requested that this item be considered separately from the APPROVAL Consent Calendar. See detail below. MOTION - CONSENT It was moved by Council Member Marshall and seconded by Council Member Segal, AGENDA then carried on roll call vote to approve items 6.b., 6.d., 6.e., 6.f., and 6.h on the City Council consent calendar. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION BY THE CITY COUNCIL c. ORDINANCE No. Adopt an Ordinance of the City of Arcadia, County of Los Angeles, State of California, 2195 amending Article IV, Chapter 2, Divisions 1 through 3 of the Arcadia Municipal Code concerning gambling. In response to a question from Council Member Marshall, Mr. Deitsch, City Attorney, noted that the Ordinance change will clarify the language regarding games of "skill' and games of "chance;" he further noted that games of "chance" are largely prohibited by the State of California. MOTION It was moved by Council Member Marshall and seconded by Council Member Segal, then carried on roll call vote to approve item 6.c. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None g. CONTRACT Authorize the City Manager to enter into Amendment No. 1 to the Professional Services AMENDMENT Agreement with Anderson Consulting Service for inspection services in the amount of $9,700.00. In response to a question from Council Member Marshall, Mr. Wray, City Engineer, noted that change orders to the agreement were necessary since there were certain underground facilities and structural changes that could not have been anticipated until the project was started. MOTION It was moved by Council Member Marshall and seconded by Council Member Chandler, then carried on roll call vote to approve item 6.g. • ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None 5 9/7/04 46:0144 i. AWARD Award a one (1) year tree trimming services contract to CLS in the amount of CONTRACT $265,600; authorize the transfer of $50,000 from the Capital Improvement Program to • the Operating Budget for tree maintenance; appropriate an additional $10,600 from the General Fund to pay for these services; and authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. Mayor Kovacic abstained from participating in the consideration of this item noting that his employer represents the proposed contractor on this item in an eminent domain action in another city and county; he noted that the connection between his employment and his vote on this item could create an appearance of a conflict of interest. He then proceeded to leave the Council Chamber for the remainder of Council deliberation and action on this item. In response to a question from Council Member Marshall, Pat Malloy, Public Works Services Director noted that the prices for this service did increase, however, staff and the City Attorney were able to negotiate a fair and reasonable. price for the contract. MOTION It was moved by Council Member Marshall and seconded by Council Member Segal, then carried on roll call vote to approve item 6.1. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo NOES: None ABSTAIN: Kovacic Mayor Kovacic rejoined the Council meeting after the vote on item 6.1. j. FINAL MAP TRACT Approve Final Map Tract No. 53890 for a 10 -lot single - family residential subdivision at APPROVAL 1432 -1516 South Eighth Avenue. In response to a question from Council Member Marshall, Ms. Butler noted that the lot sizes in this subdivision well exceeded the area's zoning minimum of 7500 square feet. MOTION It was moved by Council Member Marshall and seconded by Council Member Segal, then carried on roll call vote to approve item 6.j. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None 7. CITY MANAGER a. ORDINANCE No. Mr. Penman; and Ms. Butler, Community Development Administrator, presented the 2200 staff report; staff noted that this matter was a continued consideration of an appeal of Planning Commission Resolution 1707 denying Conditional Use Permit Application No. 04 -005 to allow seating at an existing take -out food establishment (Celeste's Kitchen) to accommodate 68 patrons including incidental outdoor dining at 136 Las Tunas Drive; staff recommended denial of the CUP based upon its finding that the site for the restaurant use is not adequate in size to. accommodate. the use and the required parking for customer and employees could not be secured by covenant. Council Member Chandler noted that the owners of an adjacent business denied signing the covenant for this project that would have granted Celeste's Kitchen an additional number of parking spaces. In response to questions from Mayor Kovacic, Ms. Butler noted that enforcement of • seating at the restaurant would be difficult for staff, although certain provisions could be included in any approved C.U.P. that would require, for example, the seating to be A 9/7/04 • • • AUDIENCE PARTICIPATION 46:0145 removed during take -out only hours or that the chairs be placed on top of the tables to discourage violation of the C.U.P. Arthur Cohen appeared to speak on behalf of the owners of Celeste's Kitchen. He noted that the applicant is willing to comply with any of the conditions that have been set forth in staff's formal report to the City Council. Sandra Rentschler, appeared to speak on behalf of Buona Fortuna, LLC, noting that it will agree to sign a covenant and agreement to maintain 8 parking spaces at 132 Las Tunas Drive for the benefit of the City of Arcadia and Celeste's Kitchen. MOTION A motion to deny was made by Council Member Chandler. The motion failed to move to the roll call vote due to lack of a "second" to the motion. COUNCIL Council Member Wuo noted that he was in favor of denying the appeal due to his belief DELIBERATION that the City Council should follow and enforce the City Code, especially in a matter such as this one, where the facts of the case show that there was a clear violation of the code. Council Member Marshall noted that she was in favor of denying the appeal. Mayor Kovacic noted that the area of south Arcadia is in need of an enterprise such as Celeste's Kitchen and that the City has worked to convert this area to one with a vibrant collection of retail establishments and restaurants; he noted that Celeste's Kitchen is a wonderful business, however, it is in the wrong location to accommodate the type of parking and building requirements needed. MOTION It was moved by Council Member Chandler and seconded by Council Member Wuo then carried on roll call vote to deny Conditional Use Permit No. CUP 04 -005 to allow seating at an existing take -out food establishment ( Celeste's Kitchen) to accommodate 68 patrons including incidental outdoor dining at 136 Las Tunas Drive. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None b. INTRODUCE Mr. Kelly presented the staff report; staff has determined that it is appropriate to ORDINANCE recommend new membership for two (2) boards comprised of City staff: (1) the Home Occupation Board and (2) the Business Permit and License Review Board; the changes are recommended in order to bring the membership of each Board more in line with the goals and objectives of each Board's responsibilities. MOTION It was moved by Council Member Wuo and seconded by Council Member Marshall to introduce an Ordinance of the City Council of the City of Arcadia, California,. pertaining to the composition of the Business Permit and License Review Board and the Home Occupation Board. ROLL CALL AYES: Council Members Chandler, Marshall, Segal, Wuo and Kovacic NOES: None 9/7104 46:0.46 ADJOURNMENT Noting no additional business, at 6:35 p.m. the City Council /Redevelopment Agency (to September 21, adjourned its Regular Meeting in memory of Glenna Resmussen, Arthur Steffen, Rose • 2004, Biaselli, and Gene Shephard to September 21, 2004 at 6:00 p.m. in the Council 6:00 p.m.) Chamber for the Council's next Regular Meeting. by: James Barrows, City Clerk Vida Tolman, Chief Deputy City Clerk 9/7/04 • Ir1 LJ L Z DATE: September 7, 2004 STAFF REPORT ?administrative Services Department TO: Mayor and City Council ��j� FROM: David Hinig, Police Chief' Prepared by: Chris Ludlum, Senior Management Analyst SUBJECT: Utilize Local Law Enforcement Block Grant funds for the Y.E.S. Officer Program Recommendation: Approve SUMMARY •The City applied for and received approval for the 2004 Local Law Enforcement Block Grant (LLEBG) in the amount of $9,683.00. This grant is administered by the Bureau of Justice Assistance (BJA), U.S. Department of Justice (DOJ) and is provided to assist local governments with programs to reduce crime and improve public safety. Staff recommends that the City Council approve the utilization of LLEBG funds for the Youth and Educational Support (Y.E.S.) Officer Program. DISCUSSION The 2004 Local Law Enforcement Block Grant (LLEBG) application has been preliminarily approved, pending final approval by the U.S. Department of Justice (DOJ). Additionally, the grant requires a public hearing to receive input on the use of the proposed funds. Once the funds have been formally approved, staff has recommended that the grant in the amount of $9,683.00 (plus a required match by the City of $1,076.00) be used in partnership with the Arcadia Unified School District to continue the position of the Y.E.S. Officer at Arcadia High School. The Y.E.S. Officer has had a positive impact on the high school campus and this LLEBG will carry the Y.E.S. program through its sixth year of operation. • LASER IMAGED 1 " \1 3P Mayor and City Council September 7, 2004 • Page 2 The primary responsibility of the Y.E.S. Officer will again be: 1. Serve as a liaison between :the high school and the Police Department 2. Interact with students, teachers, and administrators 3. Promote campus safety 4. Administer awareness programs Staff recommends that the City Council approve the utilization of LLEBG funds for the Youth and Educational Support (Y.E.S.) Officer Program. FISCAL IMPACT It is anticipated that the only impact to the General Fund will be the required matching funds of $1,076.00 and funding for overtime as needed. RECOMMENDATION 1. Conduct a public hearing and receive public comments 2. -Approved the use of the proposed LLEBG funds for the Y.E.S. Officer • Program 3. Appropriate $1,076.00 from the General Fund as required by the DOJ 4. Authorize the City Manager to execute the agreements, as approved by the City Attorney DH:CL: /:..d L11. Approved: s William R. Kelly, City Manager r1 U r L NOTICE OF PUBLIC HEARING BEFORE THE ARCADIA CITY COUNCIL NOTICE IS HEREBY given that on September 7, 2004 at 7:00 p.m. in the Arcadia City Council Chambers, 240 West Huntington Drive, Arcadia, California, the City Council will hold a public hearing to receive input on the utilization of proposed grant funding from the Bureau of Justice Assistance, a component of the U.S. Department of Justice, in the amount of $9,683.00. For further information, contact the City of Arcadia Administrative Services • Department at (626) 574 -5459 Monday through Friday between the hours of 7:00 a.m. and 5:00 p.m. Chris Ludlum Senior Management Analyst Today's Date: August 4, 2004 Publish Date: August 16, 2003 August 23, 2003 • STAFF REPORT Development Services Department DATE: September 7, 2004 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director Philip A. Wray, City Engineer SUBJECT: Adopt Resolution No. 6432 Ordering the Vacation of a Portion of the.Allev North of Foothill Boulevard and West: of Valencia Wav Subject to the Conditions Herein Recommendation: Adopt SUMMARY The owner of the property at 1111 Valencia Way has requested the City to vacate a portion of the alley west of Valencia Way directly north of Foothill Boulevard. The alley is adjacent to the south property line of 1111 Valencia Way, is approximately 132 feet in length, and begins at Valencia Way and extends west to the office complex at 301 -317 East Foothill Boulevard. The alley serves no public access purpose. As part of the vacation process, the City Council must set a time and place to hold a public hearing to ascertain the necessity to abandon and vacate said right -of -way. The City Council at its August 3, 2004 meeting approved Resolution No. 6428 declaring the City's intention to vacate a portion of the alley north of Foothill Boulevard and west of Valencia Way (Attachment A). Based on evidence presented, staff is recommending that the City Council adopt Resolution No. 6432 ordering the vacation of said alley portion subject to the condition herein. DISCUSSION In 1924, Tract Map No. 6341 was recorded which among other things created an alley extending from Valencia Way 132 feet west to the tract boundary. It appears that the alley was intended to provide access to the rear of the lots fronting Foothill Boulevard and extend west with future subdivisions. The property directly to the west, at 301 -317 East Foothill Boulevard, has since been developed as one large office complex, and has blocked the alley, precluding any further extension. The two parcels abutting the alley on the south at the west end are part of the Foothill Boulevard office complex and have eliminated access • to and from the alley with the construction of a block wall. LASER IMAGED 1�e Staff Report Vacate a Portion of the Alley North of FoothillMest of Valencia September 7, 2004 Page 2 • The alley only provides access for the adjacent properties closer to Valencia Way. The owner of the property at 1111 Valencia Way currently uses the alley as a driveway and the two parcels on the south side at the east end of the alley are combined into one development and use the alley as an exit from their parking lot. The owner of the property at 1111 Valencia Way previously requested the City to vacate the entire alley from Valencia Way west. On August 19, 2003, the City Council held a public hearing and approved the vacation of the alley subject to two conditions: 1. A lot line adjustment be filed with the City and approved by the Planning Commission to place the entire westerly half of the alley under one ownership common with the property at 1111 Valencia Way. 2. i. A reciprocal access easement be prepared and entered into by the owners of the properties adjacent to the east half of the alley nearest Valencia Way. The first condition was completed but the second one was not. The adjacent owner to the south along the easterly half of the alley changed its position relative to the vacation and chose not to enter into an agreement. After six months the alley vacation became null and void. The owner of 1111 Valencia Way has approached the City with a new request to vacate only the westerly half of the alley and has paid the necessary filing fees. Under this • proposal, the front half would remain a public alley for the benefit of access to the adjacent parcels. Condition No. 1 above still applies and must be recorded concurrent with the vacation. Pursuant to and in accordance with provisions: of Part 3 of Division 9 of the Streets and Highways Code, the City Council may vacate a public roadway that is "unnecessary for present and prospective public street purposes ". The California Streets and Highways Code Sections 8322 and 8324 also requires that the City Council hold a public hearing prior to final approval of any roadway vacation. Additionally, the alley vacation shall be subject to the reservation and exception of all easements requested by agencies or utility companies as authorized by Sections 8340 and 8341 of the Streets and Highways Code of the State of California. At its June 10, 2003 meeting, the Planning Commission made the finding that vacating the alley west of Valencia Way directly north of Foothill Boulevard was in conformance with the City's General Plan. The local utility companies have been notified as to the proposed vacation: None of the utility companies object to the vacation; however, Southern California Edison and Verizon have requested that the vacation contain verbiage to I retain an easement to maintain existing facilities lying within the area to be vacated. Said reservation to maintain or reconstruct facilities is included in resolution vacating subject property. Notice of this Public Hearing and the Resolution declaring the City's intention to vacate • we`(r�e.pul�ljshpe p_op,,Ay gust 23, 2004 and August 30, 2004 in the Arcadia Weekly and posted Staff Report Vacate a Portion of the Alley North of Foothill/West of Valencia September 7, 2004 Page 3 • • n f.J on August 23, 2004, all in accordance with the Streets and Highways Code. AS of this date, the City has not received any objections to the vacation. Based upon initial . investigation of the subject alley vacation, comments from City Departments /Divisions, other agencies and utility companies, it is staffs opinion that the westerly portion of the subject alley is unnecessary for present and prospective public street purposes and recommends it to be vacated and abandoned subject to condition No. 1 stated previously: ENVIRONMENTAL ANALYSIS Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the alley vacation is covered under the general, rule that CEQA applies only to projects that have a potential for causing a significant effect on the environment. Where it can be seen with certainty that the activity will not have a significant effect on the environment, a Notice of Exemption is sufficient. FISCAL IMPACT It is estimated that the administrative costs associated with the alley portion vacation will be approximately $2,000. The property owner requesting the vacation has paid the costs. RECOMMENDATION It is recommended that the City Council: 1. Open the Public Hearing to receive all comments and evidence offered by persons interested in the alley vacation. 2. Upon closure of the Public Hearing find that from all the evidence submitted that the subject alley is unnecessary for present or prospective public use, and adopt Resolution 6432 ordering the vacation of a portion of the alley north of Foothill Boulevard and west of Valencia Way subject to the condition herein. Approved: - -=-='y William R. Kelly City Manager DP:PAW:pa Attachments: A: B: Location Map Resolution No. 6432 RESOLUTION NO. 6432 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA ORDERING THE VACATION OF A PORTION OF THE ALLEY NORTH OF FOOTHILL BOULEVARD AND WEST OF VALENCIA WAY THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Arcadia ( "City Council'), on August 3, 2004, adopted Resolution No. 6428 declaring the intention of the City Council to vacate and abandon a portion of the alley north of Foothill Boulevard and west of Valencia Way in the City of Arcadia, County of Los Angeles, State of California. The location of that portion of the alley subject to the proposed vacation (the "Alley Portion ") is more particularly shown in Exhibit "A" and Exhibit "B° attached hereto. SECTION 2. Notices of Resolution No. 6428 were duly published and posted in the manner and form and at the time required by the Streets and Highways Code of the State of California, Sections 8322 and 8323. SECTION 3. A Public Hearing was duly held September 7, 2004 at 7:00 p.m. in the Council Chamber of Arcadia City Hall, 240 West Huntington Drive, Arcadia, California, at which time the City Council received all comments and evidence offered by persons interested in the proposed vacation of the Alley Portion. SECTION 4. Pursuant to Government Code 65402(a), the Planning Commission of the City of Arcadia, during its regular meeting on June 10, 2003 determined that the proposed vacation is consistent with the General Plan of the City of Arcadia. 1 LASER IMAGED -if SECTION 5. The City Council does find that the vacation of the Alley Portion is being made in accordance with Chapters 3 and 5 of Part 3 of Division 9 of the Streets and Highways Code of the State of California (Streets and Highways Code Section 8320, et seq.) SECTION 6. Pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the proposed Alley Portion vacation is covered under the general rule that CEQA applies only to projects that have a potential for causing a significant effect on the environment. Where it can be seen with certainty that the activity will not have a significant effect on the environment a Notice of Exemption is sufficient. Therefore, a Notice of Exemption has been filed with the County Clerk of the County of Los Angeles. SECTION 7. Pursuant to the Streets and Highways Code Section 8340 and 8341, the City Council of the City of Arcadia finds that the public convenience and necessity require the reservation and exception of easements from the vacation to the following agencies: (a) To the Southern California Edison Company, the easement and right -of -way necessary to maintain, operate, replace, remove, or renew facilities necessary to transport electricity in, upon, or over the Alley Portion. (b) To Verizon California Incorporated, an easement to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect, remove, and renew such aerial and underground communication facilities (including ingress thereto and egress therefrom) consisting of poles, anchors, guy wires, cables, wires, cross arms, conduit, man - holes, handholds, markers, pedestals, terminal equipment cabinets, electrical conductors and necessary fixtures and appurtenance in, upon or over the Alley Portion. 2 SECTION 8. The City of Arcadia does find that the Alley Portion vacation and the recordation of this Resolution, shall be subject to the prior satisfaction of the following conditions: (a) A lot line adjustment shall be applied for and processed to conclusion by the owners of the properties at 1111 Valencia Way and 317 East Foothill Blvd. so that the westerly sixty -six (66) feet of the current alley shall become entirely under the fee ownership of the northerly lot (1111 Valencia Way). The applicants shall apply for the lot line adjustment and pay all applicable fees and the City shall process the application. Upon approval of the lot line adjustment, the City shall file a Certificate of Compliance with the Office of the County Recorder of Los Angeles County. The Certificate of Compliance shall be recorded at the time of recordation of this Resolution. SECTION 9. Pursuant to the Streets and Highways Code Section 8324, the City Council finds from all evidence submitted the Alley Portion unnecessary for present or prospective public use and, therefore, it is ordered that that the Alley Portion be vacated. This vacation shall automatically terminate and shall have no other force or effect if the condition set forth in Section 8 is not completed to the satisfaction of the City Engineer within six (6) months of the date of approval of this Resolution. SECTION 10. The City Clerk of the City of Arcadia shall certify to the adoption of this Resolution and shall cause a certified copy thereof to be recorded without acknowledgement, certificate of acknowledgement, or further proof in the Office of the County Recorder of. Los Angeles County after the aforementioned, conditions have been satisfied. 9 SECTION 11. From and after the date this Resolution No. 6432 is recorded, the Alley Portion vacated will no longer constitute a public right -of -way. SECTION 12. The City Clerk shall certify to the adoption of this Resolution. Passed, approved, and adopted this 7th day of September; 2004. ATTEST: IS/ JAMES . BARROWS_ City Clerk of the City of Arcadia APPROVED AS TO FORM: �� t r & � City Attorney of the City of Arcadia 4 A:I Y An KOVACIC Mayor of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA ) I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Resolution No. 6432 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 7th day of September, 2004 and that said Resolution was adopted by the following vote, to wit: AYES: Council Member Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None F1 City Clerk of the City of Arcadia EXHIBIT "A" LEGAL DESCRIPTION OF PORTION OF ALLEY TO BE VACATED THE WEST ONE HALF OF THAT CERTAIN EAST -WEST ALLEY, 15 FEET WIDE, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS SHOWN ON MAP OF TRACT NO. 6341, RECORDED IN BOOK 104,,PAGE 21 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED AS FOLLOWS: EASTERLY BY THE WESTERLY LINE OF VALENCIA WAY, 50 FEET WIDE; WESTERLY BY THE WESTERLY LINE OF SAID TRACT NO. 6341; SOUTHERLY BY THE NORTHERLY LINES OF LOTS 26 THROUGH 29 OF SAID TRACT NO: 6341. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND BY THIS MADE A PART HEREOF. EXHIBIT "A" 0 II r— W J V) N d 0 od M to z w z V) w EXHIBIT "B" LOT 24 C� LOT 25 ' co rv1 / / /x //A ALLEY Lc) P.M. NO. 1081 P.M. 18 -26)�,h LOT 26 1 LOT 27 1 LOT 28 1 LOT 29 50' Q wV J 50' ALLEY °o FOOTHILL BOULEVARD 00 APPROXIMATE AREA OF VACATION = 985.50 SQUARE FEET OR 0.0226 ACRES INDICATES AREA OF VACATED ALLEY PER EXHIBIT "A" EXHIBIT "B" ORDINANCE NO. 2195 AN ORDINANCE OF THE CITY OF . ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AMENDING ARTICLE IV, CHAPTER 2, DIVISIONS 1 THROUGH 3 OF THE ARCADIA MUNICIPAL CODE CONCERNING GAMBLING THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Article IV, Chapter 2, Divisions 1 through 3 of the Arcadia Municipal Code are hereby deleted in their entirety and new Sections 4211 through 4213.7 are added to the Arcadia Municipal Code to read as follows: "CHAPTER 2. DISORDERLY CONDUCT, NUISANCES, ETC. PART 1. GAMBLING DIVISION 1. DEFINITIONS 4211. GAMBLING HOUSE. Any house, building, shed, structure, place, lot or parcel of land whereat any game is played with cards, dice, chips or similar device for money, checks, chips, credit, prizes, merchandise, certificate, paper, token, or any other article representative of value when redeemable in or exchangeable for money or anything of value, where money or anything of value or any representative value is risked, 1 LASER IMAA UE"D 6, c. 1 o -p staked or hazarded on the result of the game, is hereby declared to be a nuisance and to be included in the term "gambling house or place." 4211.1 SAME. EXCEPTION. Any house, building, shed, structure, place, lot or parcel of land whereat any book, paper, apparatus, device, paraphernalia or similar device is kept for any period of time whatsoever for the purpose of recording or registering any bet or wager upon the result or purported result of any trial, purported trial, contest or purported contest of skill, speed or power of endurance between men or beasts, horses or any mechanical apparatus, is hereby declared to be a nuisance and to be included in the term "gambling house or place." The enclosure of a horse track when licensed by the California Horse Racing Board shall not be deemed a gambling house or place, so long as the book, paper and/or apparatus are kept by the licensee to record wagers made through the pari- mutuel machines at licensee's track. DIVISION 2. GAMBLING HOUSES 4212 GAMBLING HOUSES PROHIBITED. No person, either as principal, agent, owner, lessee, manager, employee, servant or otherwise, shall keep, conduct, or maintain any house, room, apartment or place used in whole or in part as a place where any game not mentioned in 2 Section 330 of the State Penal Code is played, conducted, dealt or carried on with cards, dice, chips or any other similar device, for money, checks, chips, credit or any other representative of value or for any merchandise or thing of value. 4212.1 SAME. No person, either as principal, agent, owner, lessee, manager, employee, servant or otherwise, shall knowingly permit any house, room, apartment or place owned by such person or under the charge or control of such person, to be used in whole or in part for playing, conducting, dealing or carrying on therein, any game not mentioned in Section 330 of the State Penal Code, with cards, dice, chips or any other similar device, for money checks, chips, credit or any other representative of value or for any merchandise or thing of value. 4212.2 SAME. PUBLIC GAME ROOMS. No person, as principal, agent, owner, lessee, manager, employee, servant or otherwise, shall operate, maintain, conduct or carry on as a business any public card room or public game room or any other public place where any poker game, card game, or any game of chance is played, conducted, carried on or permitted. 4212.3 SAME. PRESENCE PROHIBITED. No person shall visit, frequent, participate in or be present in any house, room, apartment, stand or place used in whole or in part, where gambling is being conducted or carried on or where any person receives, holds or wards, or purports 3 to receive, hold or forward, in any manner whatsoever, any money, thing or consideration of value, or the equivalent or memorandum thereof, which is staked, pledged, bet or wagered, or to be staked, pledged, bet or wagered, or offered for the purpose of being staked, pledged, bet or wagered, upon the result; or purported result, of any trial or contest, or purported trial or contest of skill, speed, or power of endurance of man or beast, or between men, beasts, or mechanical apparatus, or upon the result or purported result of any lot, chance, casualty unknown or contingent event whatsoever. 4212.4 EXCEPTION. PARI - MUTUEL WAGERING. The enclosure of a horse track, when licensed by the California Horse Racing Board, shall not be deemed a gambling house or place, so long as the wagering is confined to pari - mutuel wagering upon the results of a horse race. DIVISION 3. GAMBLING DEVICES 4213. PUBLIC NUISANCE. Any slot or card machine, contrivance, appliance or mechanical device used, operated, kept, possessed, placed or maintained in violation of the provisions of: (1) Section 330a of the State Penal Code; or (2) Any section enumerated in Part I of Title 9 of Chapter 9 (Lotteries) of the State Penal Code; or (3) Section 4213.1 of this Code; is hereby declared to be a nuisance and shall be subject to abatement as hereinafter provided in Section 4213.2. 4213.1 POSSESSION PROHIBITED No person shall keep, maintain, or have in his/her possession or under his/her control, either as owner, lessee, manager, employee, agent or servant, any punchboard, table, game or device, commonly known as a "marble game," "pin game," or slot machine or game, or any device similar thereto, the operation, use or play of which is controlled by placing therein any coin, plate, disc, plug, key or other device or by the payment of any fee. 4213.2 CONFISCATION. Any article declared by Section 4213 hereof to be a nuisance, as a result of the. operation, use, keeping, possession, placing or maintaining of which any person has, in any Court, been convicted of or has pleaded guilty to any violation of Section 330a of the State Penal Code, or any section enumerated in Part I, Title 9, Chapter 9 (Lotteries) in the State Penal Code, shall be destroyed by the Chief of Police after such plea or after such judgment of conviction becomes final. The contents of such machine shall be destroyed, or if money, shall be deposited in the general fund. If said articles subject to destruction as herein provided are in the custody of the Court, the Chief of Police shall cause to be made an application to 5 the Judge of said Court for an order releasing said articles to him for the purpose of complying with this Division. 4213.3 USE PROHIBITED. No person, either as principal, agent, owner, lessee, manager, employee, servant or otherwise, shall conduct, manage, carry on, maintain, operate, open, deal in, cause or permit to be conducted any game, operation or transaction wherein chance is a determining factor or is any determining factor in the result of such game, operation or transaction, and wherein any prize, gift, rebate, compensation, reward, award, payment or gratuity, consisting of any money, check, token, credit, goods, wares, merchandise, property or thing of value, is or is to be given, awarded or delivered directly or indirectly, by throwing, tossing, dropping, depositing or placing any ball, marker, object, thing or substance into any perforation, hole, or indentation, in or upon any surface, receptacle, container, object or thing having marked, designated or identified thereon by or with any figure, number, character, symbol, letter, design or mark of any kind, or by the selecting, designating, turning, indicating, choosing or projecting of any such figure, number, character, symbol, letter, design or mark by means of any device, apparatus, or equipment and where, by any predetermined or prearranged rule, method, scheme, design or procedure any person is found, declared or determined to be or is the winner, donee, recipient or taker of such prize; gift, rebate, compensation, reward, award, payment or M gratuity, from which the player or participant pays, deposits, expends, gives or pledges, either directly or indirectly, any money, check credit, property or thing of value, or makes or agrees to make any purchase for the privilege of playing or participating therein or of gaining admission to the place or premises where such game, operation, or transaction is or is to be played, conducted, carried on, maintained or operated. v 413.4 SAME. No person, either as principal, agent, owner, lessee, manager, employee, servant or otherwise shall conduct, manage, cant' on, maintain, operate, deal in, or cause or permit to be conducted any game not mentioned in Section 319, 320, 330 or 330a of the State Penal Code or any other code section or general law of the State, the result of which chance is a determining factor, it being the intent by this section to prohibit any person who has or promises to pay, deposit, expend, give or pledge any money, check credit, property or thing of value to participate in any such game, operation, or transaction, and upon which result prizes, gifts, rebates, compensation, rewards, awards, payments, gratuity is redeemable or exchangeable for money or any other thing of value, whether the game is called Tango, Keno, Beano, Skill Ball, Skill Wheel, Fortune, Quintain, Fascination, Inspiration, or by whatever name the game is called or designated. 7 4213.5 TOKENS PROHIBITED. No person shall buy, purchase, discount, or redeem any prize, merchandise, representative; article, check, certificate, paper or token, awarded or given at any place whereat any game prohibited by this Part or by Section 319, 320, 330 or 330a or by any other section of the State Penal Code. 4213.6 BETTING OR PLAYING PROHIBITED. No person shall place or bet at or against any of the games, gambling or gaming activities not mentioned in Section 330 of the State Penal Code or by any games, gambling or gaming activities made unlawful in Section 4213 of this Code. 4213.7 SAME. No person shall play at, or bet at or against any game mentioned in this Part or any game mentioned in Section 319, 320, 330, or 330a of the State Penal Code." SECTION 2: The provisions of this Ordinance are severable and the invalidity of any section, paragraph, phrase, clause or part of this Ordinance shall not affect the validity or effectiveness of the remainder of this Ordinance. SECTION 3: The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect on the thirty-first (31st) day after its adoption. K Passed, approved and adopted this 7th day of September , 2004. ATTEST -S1 JAMES _H. RARR S City Clerk of the City of Arcadia APPROVED AS TO FORM 0. 6-Vq ^ Stephen P. Deitsch; City Attorney 0 Mayor of the City of Arcadia STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES.) SS: CITY OF ARCADIA )_. _ __ .. I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2195 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 7th day of September, 2004 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None 10 /Sl JAMES H. BARROWS City Clerk of the City of Arcadia ORDINANCE NO. 2198 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 6434.2(a) OF THE ARCADIA MUNICIPAL CODE CONCERNING SOLID WASTE COLLECTION AT SANTA ANITA RACE TRACK THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6434.2(a) of the Arcadia Municipal Code is amended by deleting at the end of the second paragraph thereof: "The fee shall be in addition to any other fee or charge for solid waste collection authorized by this Code." SECTION 2. 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 said City within fifteen (15) days after its adoption. Passed, approved and adopted this 7th rvu-I&I 6 /S/ JAMES H. BARROWS City Clerk APPROVED AS TO FORM: ( n t City Attorney day of September ,2004. /S/ GARY A. K(NA Mayor of the City of Arcadia LASERIMAGED 6.0, M STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: — CITY OF ARCADIA I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2198 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 7th day of September, 2004 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None City Clerk of the City of Arcadia STAFF REPORT DATE: September 7, 2004 Office of the City Manager TO: Mayor and City Council FROM: William R. Kelly, City Managerw By: Linda Garcia, Communic ions, Marketing and Special Projects Manager SUBJECT: THE SEAL OF THE CITY OF ARCADIA Recommendation: Adopt SUMMARY At its August 17, 2004 meeting, the City Council introduced Ordinance No. 2200, which institutes changes to the City seal. This ordinance is presented tonight for adoption. • DISCUSSION On August 17, 2004, the City Council introduced Ordinance No. 2200 to bring about the following changes to the City seal 1. The words "City of Arcadia" have been moved to the top of the seal. 2. The word "California" has been added. 3. The full date of incorporation is listed. 4. "Community of Homes" is now in the ribbon at the bottom of the seal. The City Council introduced this Ordinance with the understanding that the new seal will be incorporated on City materials as items are replaced (rather than replacing everything at one time). Although it will take several years before the transition to the new seal is complete, staff believes that the -cost savings resulting from replacing items on an as needed basis (versus all at once) is significant enough to warrant the phased approach. RECOMMENDATION Staff recommends that the City of the City Council of the City • the Arcadia Municipal Code to Arcadia. Attachment: Ordinance No. 2200 Council adopt Ordinance No. 2200, an ordinance of Arcadia, California, amending Section 2710 of establish the design of the seal of the City of LASER I,IAGED W1 ORDINANCE NO. 2200 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING SECTION 2710 OF THE ARCADIA MUNICIPAL CODE TO ESTABLISH THE DESIGN OF THE SEAL OF THE CITY OF ARCADIA THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 2710 of the Arcadia Municipal Code is hereby amended to read in its entirety as follows: 2710. CITY SEAL. The design of the seal of the City of Arcadia, California, shall correspond substantially with the representation below. SECTION 2. 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 of Arcadia within fifteen (15) days after its adoption. LASER IMAGED -3p Passed, approved and adopted this 7th day of September 2004. /S/ GMY A. KOVAM Mayor of the City of Arcadia ATTEST: /S/ JAMES Ho BARROWS City Clerk of the City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) SS: CITY OF ARCADIA I, JAMES H. BARROWS, City Clerk of the City of Arcadia, hereby certifies that the foregoing Ordinance No. 2200 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 7th day of September, 2004 and that said Ordinance was adopted by the following vote, to wit: AYES: Councilmember Chandler, Marshall, Segal, Wuo and Kovacic NOES: None ABSENT: None IS/ JAMES H. BARROWS City Clerk of the City of Arcadia x ��av�����: 11L-L � >� i September 7, 2004 GP STAFF REPORT Development Services Department TO: Mayor and City Council FROM: Don Pen an, Assistant City Manager /Development Services Director ? By: Donna Butler, Community Development Administrator SUBJECT: Recommend that the City Council waive the formal biddinq requirements and authorize the Citv Manager to enter into a contract agreement with HdL Companies for Code Enforcement Software Recommendation: Approve • SUMMARY The 2004 -05 approved budget includes funds allocated in the Development Services Department in the amount of $26,040 for code enforcement software to assist Code Services in processing and tracking all code enforcement cases. The Development Services Department is recommending that the City Council waive the formal bidding procedures and authorize the City Manager to enter into a contract with HdL Companies in an amount not to exceed $20,000. In addition, staff is requesting approval to purchase a new application server in an amount not to exceed $6,000. DISCUSSION Currently Code Services has a simple manual system to keep track of all code service cases. The process is cumbersome, paper intensive and it is often difficult to track cases over a period of time. During the past few years code enforcement software programs have been developed by vendors to help cities become more efficient in processing and tracking code enforcement activities. The Development Services Department has reviewed two software programs, one by Jet Stream and the other • developed by HdL Companies. Although both systems are designed to process LASER IMAGED ge • and track code enforcement cases, activities, violations, inspections and fees, the Jet Stream verbal quote was almost twice the amount as the HdL Companies software. The City currently contracts with HdL Companies for property tax, sales tax, business license and building permit tracking services. The HdL code enforcement system utilizes a land management system that allows links and import of parcel data from numerous databases including HdL's properly tax system and business license system. Because of the proprietary nature of the current HdL software programs used by the Development Services Department, staff is requesting that the City Council waive the bidding requirements and approve the purchase of the HdL Code Enforcement software system because, as noted above, the Department already utilizes other HdL applications which can be integrated with the code enforcement software program. The Code Services software will enhance the capabilities of the Code Services officers in keeping track of code enforcement violations, actions and status. It also allows access (read only) to other designated staff as needed to familiarize themselves with any code enforcement history on a property. The software will also assist and be of benefit to the Code Enforcement volunteer program by • organizing functions and tasks that can be assigned to the volunteers. It is anticipated that the system will offer some cost savings to the City because it will eliminate the need for pre - printed forms and will also provide for more efficient operation by allowing staff to maintain and track cases in a more timely manner. Another benefit is the potential for increased revenues because of the system's capability of tracking fees, inspections and conditions of approval. Also the system will make it easier and quicker to manage code cases, will allow for easy inquiry by case number, complainant name and /or property address. The Development Services Department is recommending that the City Council approve entering into a contract with HdL Companies in an amount not to exceed $20,000. It is anticipated, based on pricing for a maximum of three (3) users, 'that the cost will be approximately $18,000 for the software system. However, staff is including a contingency of approximately $2,000 to allow for any additional reports that may be added to the software and additional data conversion. As a note, "read only' access is available to any City staff person that has the code enforcement program installed on their computer. In addition to the software cost, the Administrative Services Department, Information Services office is requesting approval for a new application server CC HdL Report Page 2 September 7, 2004 • where the code enforcement application and database will be deployed. This server will also be used as the new application server for the City, replacing an existing server that will be retired soon as part of the server rotation program. Existing applications such as HdL Permits, Business License, Property Tax, Sales Tax and some other city applications will be migrated to this new server to provide a faster, stable and more reliable hardware platform for these applications. The cost for a new server is a maximum of $6,000. The total cost to implement the Code Enforcement software would be a maximum of $20,000 and a maximum of $6,000 for a new server. The 2004 -05 budgeted amount is $26,040. Implementation of the software system is approximately 150 days from the date of a signed agreement. FISCAL IMPACT The 2004 -05 City budget includes $26,040 for a Code Enforcement program. The initial License fee and implementation will not exceed $20,000. After the first year there is an annual maintenance fee of $2,940.00. • RECOMMENDATION It is recommended that the City Council: A. Waive the formal bidding requirements; B. Authorize the City Manager to enter into an agreement with HdL Companies in an amount not to exceed $20,000 for Code Enforcement Software; and C. Authorize the purchase of a new application server in an amount not to exceed $6,000.00. Approved: - William R. Kelly, City Manager • CC HdL Report Page 3 September 7, 2004 r1 U • ENp STAFF REPORT Development Services Department DATE: September 7, 2004 TO: Mayor and City Council FROM: Don Penman, Assistant City Manager /Development Services Director'tp Philip A. Wray, City Engineer /Engineering Services AdministratoryN, Prepared By: Dan A. Lazo, Associate Civil Engineer SUBJECT: Professional Services Agreement Amendment No. 1— Inspection Service: Recommendation: Authorize the' City Manager to enter into Amendment No. 1 to the Professional Services Agreement with Anderson Consulting Service for inspection services in the amount of $9,700 SUMMARY Anderson Consulting Services was contracted to provide inspection services for the Street Improvements of Baldwin Avenue between Duarte Road and Naomi Avenue. The project construction period has been extended due to several unforeseen conditions. Because of the extended construction time, additional inspection services of ACS are necessary to complete the project. Therefore, staff is recommending that the City Council approve an amendment to the professional services agreement with ACS to increase the not -to- exceed amount by $9,700. DISCUSSION On March 16, 2004, the City Council entered into a Professional Services Agreement (PSA) with Anderson Consulting Services (ACS) to provide construction inspection services for the above - mentioned project. The inspection. services are necessary to insure the quality of the contractor's workmanship according to plans and specifications for the duration of the project. The contract inspector has coordinated soils and asphalt compaction testing with independent assigned firm, provided daily and weekly construction activity reports, reviewed and assisted in processing the progress payments and insured proper traffic control, delineation and work area safety measures are in place. LASER IMAGED 6 �. Mayor and City Council Staff Report September 7, 2004 Page 2 • The PSA was approved with a not -to- exceed amount of $35,400 based on ACS estimate of time with the original project schedule. The project construction period has been extended due to the City's request for additional work as a result of several unforeseen conditions such as: • Water line, storm drain pipe, and utility relocations • Removal of old drain pipes • Reconstruction of-a sewer manhole The extended construction period will necessitate additional inspection services beyond the scope of the original PSA. _ ACS estimates their additional services at approximately $9,700. FISCAL IMPACT, The additional inspection services estimated at $9,700 will be funded from Prop C, Prop A, Water, L.A. County Aid -to- Cities Grant and Capital Outlay funds budgeted in the 2002/03 Capital Improvement Program (CIP) and the additional appropriation approved by the City Council at its March 16, 2004 meeting. There are sufficient funds in the • revised budget to cover these costs. RECOMMENDATION Authorize the City Manager enter into Amendment No. 1 to the Professional Services Agreement with Anderson Consulting Service for inspection services in the amount of $9,700. Approved: . hl- -'William R. Kelly, City Manager DP:PAW:DL:pa • ' " ° °8p08AT� STAFF REPORT Public Works Services Department September 7, 2004 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Director Prepared by: Gary F. Lewis, General Services Manager Lubomir Tomaier, Senior Civil Engineer SUBJECT: Accept — Rehabilitation of Orange Grove 1A and Live Oak Well Recommendation: Accept all ;work performed by Layne Christensen Company, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to a retention of $22,224.95. SUMMARY • On December 16, 2003, the City Council awarded a contract to Layne Christensen Company, Inc. in the amount of $239,475.50 for the Rehabilitation of Orange Grove Well 1A and Live Oak Well. The terms and conditions of this project have been complied with and the work has been performed to staffs satisfaction for a.total project cost of $222,249.48. This amount reflects the original contract amount of $239,475.50 plus one (1) contract change order (CCO) of $17,226.02 or 7% below the original contract amount. Staff recommends that the City Council accept all work performed by Layne Christensen Company, Inc. as complete and authorize the final payment to be made in accordance with the contract documents, subject to retention of $22,224.95. DISCUSSION Many of the wells within the City's water supply system were drilled in the 1920s and 1930s, and their production decreasgs with age due to the build -up of mineral deposits on the well .casing and the wear - and -tear on the pump components. In order to maintain system reliability and to ensure the water supply demands of the City will always be met, systematic inspection and periodic maintenance of the wells is required to keep the well at maximum capacity and efficiency. LASER IMAGED qP Mayor and City Council September 7, 2004 • Page 2 Orange Grove Well 1A was drilled in 1921 and has been rehabilitated multiple times during its operational life. The production of Orange Grove Well 1A was 22% below its optimum performance and the well column needed to be extended to reach the lowering water table of the East Raymond Basin. Rehabilitation of this well was the best option for the system maintaining the supply capacity to Zone 3 and increasing our ability to pump from the Raymond Basin. When the Capital Improvement Program (CIP) budget Was approved for 2003/04, the Department's intention was to rehabilitate only'thb- Orange Grove Well. The Live Oak Well, which was constructed in 1988, was scheduled -for rehabilitation in the 2004/05. However, due to last year's unseasonable hot weather and the well's constant production, vibration and.noiseo levels had increased which necessitated the immediate need to rehabilitate the Live Oak Well to avoid further major mechanical problems. On December 16, 2003, the City Council awarded a contract to Layne Christensen Company Inc. for the rehabilitation of both Orange Grove. Well 1A and Live Oak Well to restore Well performance which will provide a reliable and efficient water production system. The final cost to rehabilitate Orange Grove Well 1A is $119,345.23' and $102,904.25 for the Live Oak Well, for a total project cost of $222,249.48. This amount • reflects the original contract amount of $239,475.50 awarded to Layne Christensen Company Inc. plus one (1) contract change order (CCO) of $17,226.02 or 7% below the original contract amount. Once the equipment was removed from the Live Oak Well, it was determined that a chemical treatment application'would not be required. ENVIRONMENTAL IMPACT This project is categorically exempt per Section 15301 Class 1 (c) from the requirements of the California Environmental Quality Act. FISCAL IMPACT Funds in the amount of $175,000 were budgeted in the 2003 -04 Capital Improvement Program to cover the cost of rehabilitation, inspections, management and contingencies for the rehabilitation of Orange Grove Well 1A. An additional appropriation of $89,000 from the water fund was approved by the City Council on December 16, 2003 for the addition of.the Live Oak Well, which i resulted in a total project budget of $264,000. The total cost to complete this work by the Contractor was $222,249.48, which is within the project's budget. There is no impact on the general. fund. • Mayor and City Council • September 7, 2004 Page 3 RECOMMENDATION 1. Accept all work performed by Layne Christensen Company for the rehabilitation of the Orange Grove Well 1A and Live Oak Well as complete. 2. Authorize final payment to be made in accordance with the contract documents, subject to a retention of $22,224.95. PM:GL:LT:dw Attachment • 0 r Approved by: —_—' William R. Kelly, City Manager REHABILITATION OF 0 U n r- RAT, STAFF REPORT Public Works Services Department September 7, 2004 TO: Mayor and City Council FROM: Pat Malloy, Public Works Services Directo4Man Prepared by: Thomas W. Tait, Field Servir. Da vid Thompson, Street Superintendent. SUBJECT: Award - Annual Tree Trimmina Services Contract Recommendation: Authorize the City Manager to award a one (1) year tree trimming services contract to California Landscape Services, Inca (CLS) in the amount of $265,600, authorize the transfer of $50,000 from the Capital Improvement Program and appropriate an additional $10,600 for these services • SUMMARY On July 6, 2004, the City Council rejected the bid from West Coast Arborists, Inc. ($414,500) and directed staff to negotiate with interested companies to acquire an equitable cost to perform the tree trimming services for the City of Arcadia. Subsequently, staff met with area contractors to discuss the City's tree trimming program and requirements. Following these discussions, three (3) proposals were received from the following companies: West Coast Arborists, Inc. (WCA), Califomia Landscape Services, Inc. (CLS) and TruGreen Landcare. CLS submitted' the lowest written offer to perform tree trimming services. CLS is the City's current landscape contractor and based on their excellent level of services and their lowest bid price to perform tree trimming services and maintenance, staff recommends that the City Council authorize the City Manager to enter into a one (1) year agreement with optional annual contract extensions, subject to approval of the City Council, to CLS in the amount of $265,600 for annual tree trimming services. $265,600 is recommended to continue with the existing four (4) year tree trimming and maintenance program. To accomplish this program, staff is recommending that the City Council authorize the transfer of $50,000 from the Capital Improvement Program (annual tree replacement program) and appropriate an additional $10,60o from the General Fund. •The 2004 -05 Capital Improvement Program allocates $50,000 for the replacement of 100 problematic City owned trees during the next year. Due to existing budgetary constraints, staff recommends deferring this year's tree replacement program to the' next fiscal year. As part of next year's budget recommendations, both programs will be presented for consideration. LASER IMAGED Np Mayor and City Council September 7, 2004 Page 2 BACKGROUND The Public Works Services Department is responsible for the care and maintenance of approximately 17,000 trees located in City parks, parkways, medians, and public facilities throughout the City. Since 1993 the City has contracted with private companies for local tree trimming services. Prior to this, the City performed tree - trimming maintenance on an as -need basis. City crews and a private contractor accomplish the current trimming program. Public . Works Services' crews are responsible for the day -to- day care and maintenance of trees located throughout the City. The City's existing Tree Maintenance Program provides for the general upkeep of the existing tree stock, mitigates immedate;'public safety hazards, and allows for minimal tree replacement on a case -by -case .basis, However, it does not fully provide for preventative maintenance efforts, which is the essential task of the Annual Tree Replacement & New Planting Program in this year's Capital Improvement Budget. This program will also improve aesthetics, minimize long -term liability and facilitate the long- term sustainability of a vibrant Urban Forest in the City of Arcadia. Annually, staff trims approximately 600 trees along with tree removals as requested by • property owners. This work is highly specialized and is scheduled as part of our Service Request Program based on property owner needs. As part of our "Four (4) Year Tree Trimming Plan" previous contracts provided for grid trimming of 4,500 trees, 250 requests for service and 50 tree and stump removals. On June 6, 2000, the City Council awarded .a four (4) year contract extension to West Coast Arborists, Inc. but-it did not provide additional extensions to the contract. This contract expired on June 30, 2004, which necessitated the need to solicit new bids for this work. On June 2, 2004, West Coast Arborists Inc. submitted a bid of $415,000, which was more than double previous contract prices., Their new bid increased the cost to grid trim a tree from $39 to approximately $75 per tree, which is near double the cost for previous tree trimming services. The City Council rejected this bid and directed staff to negotiate with interested companies to acquire a more equitable cost to perform these services DISCUSSION Staff -met with West Coast Arborists, Inc. (WCA), California Landscape Services, Inc. (CLS) and TruGreen Landcare to discuss tree trimming services for the City of Arcadia. Based on these discussions and a better understanding of what is expected from the contractor for this work, each contractor agreed to submit proposals to trim 4,500 trees, • complete 250 service requests and remove 50 trees including stump removal. The following, cost proposals are provided for City Councils information: Mayor and City Council September 7, 2004 Page 3 COMPANY LOCATION PRICE California Landscape Services Chino $294,500.00 West Coast Arborist Anaheim $324,250.00 TruGreen Landcare Monrovia $324,287.50 Staff also spoke with two (2) other companies, Rob's Tree Service and Exterior Enterprises. Both companies indicated their cost to do the work would have been $130 and $150 a tree based on the size of the trees here in the City. CLS submitted the lowest proposal for grid trimming, service requests and tree removals. They are properly licensed and in good standing with the State Contractors' Licensing .Board. CLS is the current contractor responsible for all landscape maintenance with the City and has provided excellent and affordable service during the past five (5) years. However, staff was not satisfied with the overall bid price received especially in the existing fiscal climate. Following a review of the services required, staff feels that a similar level of service can be provided with some minor adjustments in the number of trees trimmed, removed and the completion of service requests. Staff recommends the following adjustments: . Existing Proposed Savings Trees trimmed 4,500 4,350 $ 8,400 Service Requests 250 50 $16,000 Tree & stump removal 50 40 4,500 Savings $28,900 Based on the unit prices included in CLS's proposal, the cost to perform tree related services for the City in the next year would be $294,500. CLS is the City's current landscape contractor and based on their excellent level of services and their lowest bid price to perform tree trimming services and tree removals /replacements, staff recommends that the City Council authorize the City Manager to enter into a one (1) year agreement with optional annual contract extensions, subject to approval of the City Council, to CLS in the amount of $265,600 for annual tree trimming services maintaining the existing (4) year tree trimming cycle. The City's tree maintenance crew would absorb the reduction in service requests from the contract. Staff is also recommending that the $50,000 tree replacement program included in the CIP be deferred until the next fiscal year and that the funding earmarked for tree replacement be transferred to the operating budget for the annual tree trimming program. Staff also recommends that the City Council appropriate an additional $10,600 from the General Fund. Mayor and City Council September 7, 2004 Page 4 FISCAL IMPACT The operating budget provides $205,000 for Annual Tree Trimming services and necessary maintenance. This program is intended to provide a four (4) year tree trimming cycle where all trees in the City are trimmed at least once every four (4) years. Additionally, the 2004 -05 Capital Improvement Program budget authorized $50,000 for the removal /replacement of problematic City owned trees. To accomplish this work at a level similar to previous years (the four year trimming cycle), staff recommends the transfer of $50,000 from the CIP to the operating budget and the appropriation of $10,600 from the General Fund. RECOMMENDATION 1. Award a one (1) year tree trimming services contract to CLS in the amount of $265,600. • 2. Authorize the transfer of $50,000`from the Capital Improvement Program to the Operating Budget for tree maintenance. 3. Appropriate an additional $10,600 from the General Fund to pay for these • services. 4. Authorize the City Manager and City Clerk to execute a contract in a form approved by the City Attorney. Approved: William R. Kelly, City Manager, PM:TT: DT:dw 0 0 September 7, 2004 STAFF REPORT Development Services Department TO: Mayor and City Council p FROM: Don Penman, Assistant City Manager /Development Services Direr By: Donna L. Butler, Community Development Administrator Prepared By: Joseph Lambert, Associate Planner SUBJECT: Consideration of Final Map No. 53890 for a 10 -lot single - family residential subdivision at 1432 -1516 S. Eighth Avenue. SUMMARY Tentative maps and final maps are required for all subdivisions that result in five or more • parcels or condominiums.. The City Council shall approve a final map if it conforms to all the requirements of the subdivision regulations of the Municipal Code and the State Subdivision Map Act. It is recommended that the City Council approve Final Map No. 53890 for a 10 -lot single - family residential subdivision at 1432 -1516 S. Eighth Avenue. DISCUSSION Final Map No. 53890 has been reviewed by the Los Angeles County Department of Public Works and the appropriate City Departments. Said map has been found to be in substantial compliance with the tentative map, as approved by the Planning Commission on June 8, 2004, and is in compliance with the subdivision regulations of the Municipal Code and the State Subdivision Map Act. RECOMMENDATION The Development Services Department recommends approval of Final Map No. 53890. Attachments: 1. Land use map 2. Letter of compliance from Los Angeles County 3. Final Map No. 53890 Approved: • William R. Kelly, City Manager LASER IMAGED 6-1 - In new Santa Anita Wash 1432 -1516 Eighth Ave y9) + OW y+e n+w n+fm n+9) fl+mv O +HI n+n� nano tl mm 9)n num Z mm PAMELA " m>o ae4 RD mm rmm nem MNNIE WY )✓ �opment sengoes Depertment Engineering Division Rem dby R. SGVZBOM June 2002 • ALTERN ST w (1+e4 nau f +f I n +,m >m fl+am Aeeq (1°111 (1314 (1am (194(1 Nam (1310 (1314 03" 0334 row n+om n + +m n++9) n+3m 042) 0+39 yam (1ee4 new new mw (leem nem mq 009 Mm M4 N9) ` 0w flfm nmp 1� i flee+) seem flea/ lam aee4 nam helm yf4 04fq new 0419) �11 099 9)f Q y39 few y9), "14 jtl°' y3m WINNIE WY mm mm IMNN/E WY mm mm nw y4 M9 mm (1°049 yam neal nfe4 .T. (042+1 yem naq __ � 1432=1516 Eighth An. e f • 0414 lfa+N N 00 0 100 200 300 Feet crap. 1 ti=7nn, new r>:4 mm mm n +m MI NO GROVE AV AV CA mm my y9) new flam "aa+' ("m nn4 mm oun (1394 mw new new new Santa Anita Wash 1432 -1516 Eighth Ave y9) + OW y+e n+w n+fm n+9) fl+mv O +HI n+n� nano tl mm 9)n num Z mm PAMELA " m>o ae4 RD mm rmm nem MNNIE WY )✓ �opment sengoes Depertment Engineering Division Rem dby R. SGVZBOM June 2002 • ALTERN ST w (1+e4 nau f +f I n +,m >m fl+am Aeeq (1°111 (1314 (1am (194(1 Nam (1310 (1314 03" 0334 row n+om n + +m n++9) n+3m 042) 0+39 yam (1ee4 new new mw (leem nem mq 009 Mm M4 N9) ` 0w flfm nmp 1� i flee+) seem flea/ lam aee4 nam helm yf4 04fq new 0419) �11 099 9)f Q y39 few y9), "14 jtl°' y3m WINNIE WY mm mm IMNN/E WY mm mm nw y4 M9 mm (1°049 yam neal nfe4 .T. (042+1 yem naq __ � 1432=1516 Eighth An. e f • August 17, 2004 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS "To Enrich Lives Through Effective and Caring Service" Mr. Phillip Wray City Engineer City of Arcadia 240 West Huntington Drive Arcadia, CA 91006 -6021 Dear Mr. Wray: 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803 -1331 Telephone: (626) 458 -5100 www.ladpw.org ADDRESS ALL CORRESPONDENCE TO P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802 -1460 IN REPLY PLEASE REFER TO FILE: LD-2 TRACT NO. 53890 The enclosed subject tract map has been reviewed by Public Works for mathematical accuracy, survey analysis, title information, and for compliance with the Subdivision. Map Act. It is ready for your examination and certification as to compliance with the • conditional approval and applicable City Ordinances. The City Council or Advisory Agency should make the findings required by the State Environmental Quality Act and the Subdivision Map Act. After your approval and the approval of the City Council or Advisory Agency, the map should be returned to Land Development Division, Subdivision Mapping Section, for filing with the Registrar- Recorder /County Clerk's Office. If you have any questions, please contact Mr. Jae Kim of our Subdivision Mapping Section at (626) 458 -4915. Very truly yours, JAMES A. NOYES Director of Public Works 1 (vf D NNIS HUNTER (/ Assistant Division Engineer Land Development Division • JK:ca P:1LD PUB`S U BD I V SNIMAPPI NGIFORMS \TRACT Enc. FROM 10 LOTS 1.59,bN2 S0, 1"T. (MON)AUG 23 2004 9:47/ST. 9:46/No.6827794748 P 2 SHFF.T T OF 3 SHEETS VESTING TRACT NOIB 53890 IN THE CITY OF ARCADIA COUNTY OF LOS ANGELES, SIAIL OF CALIFORNIA ULINC A SUBDIVISION OF PORTIONS 01 LOTS 75 AND /6 OF IND 5 N0. MA S. IN THE HE OII}RCE OF 16. RECORDER BU AND B3 01 MAPS, SAID COUNTY. 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The City Council requested additional information from staff regarding designated parking spaces for Celeste's Kitchen customers only, limiting the number of tables and relocating employee parking spaces. The Development Services Department. recommends denial of the conditional use permit due to the fact that the site for the restaurant use is not adequate in size to accommodate the use and the required parking for customers and employees could not be secured by covenant. BACKGROUND In February 2003, the Development Services Department issued a business license for a take -out only food establishment at the subject site with the condition that no seating be permitted at the subject location. A restaurant or eating establishment with seating requires a Conditional Use Permit application. Celeste's Kitchen was approved as a take -out only food establishment that is a permitted retail activity. When staff approved LASER IMAGED Revised Report September 7, 2004 Page 1 f t V the take -out business, the applicant was cautioned that staff would not support a sit - down restaurant based upon the insufficient parking; and that the property was not • designed to accommodate an additional restaurant use. Recently; the applicant was cited by Code Services for operating a restaurant with seating for approximately 45 people without an approved conditional use permit. As a result, Mr. Sierra filed this application for a conditional use permit (C.U.P. 04 -005). The Planning Commission at its June 8, 2004 meeting voted 5 -0 to deny the appeal. The Planning Commission concurred with staffs analysis and denied the proposed use based on the lack of onsite parking. The Commission stated that the application must be analyzed as if the use were not already there, because the sit down restaurant was established without appropriate approvals. On June 30, 2004, Mr. Sierra filed an appeal of the Planning Commission's denial. PROPOSAL Original Proposal Celeste's Kitchen is currently operating as a restaurant use rather than a "take out only' as approved in their Business License permit. The applicant, Mr. Sierra, requested to continue to operate the restaurant with seating for 68 patrons, 52 seats inside and 16 outdoor seats as well as permission to serve beer and wine or allow patrons to provide • their own wine while dining at the restaurant. Currently Celeste's offers a full menu of breakfast, lunch and dinner entrees. The original requested hours of operation were: Tuesday through Thursday 11:30 a.m. to 8:30 p.m., Friday and Saturday 8:00 a.m. to 9:00 p.m., and Sunday 8:00 a.m. to 3:00 p.m. Revised Proposal In his appeal letter, Mr. Sierra included a revised proposal with limited hours of Monday - Friday 5:00 p.m. to 9:30 p.m., with Saturday and Sunday hours of operation from 8:00 a.m. to 9:30 p.m., and reduced seating to 40 persons and elimination of the outside dining. However, he is proposing to be open Monday- Friday 8:00 a.m. to 3:00 p.m. for take -out only. General Information The property at 136 Las Tunas Drive is zoned C -M (commercial /manufacturing). It is a through lot with frontage on both Las Tunas Drive and Live Oak Avenue. There are currently three businesses operating at this location: Celeste's Kitchen occupies the middle building containing 1,620 square foot; C.& L Auto Body occupies the 7,600 square foot building on the easterly portion of the site, and Alex Di Peppe's Pizza House occupies the westerly 1,250 square foot unit. • ,e i ^ ised Report CUP 04 -005 Appeal � September 7, 2004 Page 2 f " •The auto body shop has been operating at this location for many years. C & L Auto Body was approved by Application Nos: CUP 83-11 and 85 -18. Alex Di Peppe's is located in the westerly building where restaurant uses have been operating since 1957 prior to the time a conditional uses permit was required to operate a restaurant. Alex Di Peppe'srestaurant has been in operation at this location since 1983. Between 1997 . and 2003, a retail establishment (the Candy Shack) operated in the unit currently occupied by Celeste's Kitchen. In 2003, a business license was issued _to Celeste's Kitchen, for a take -out only food _establishment. Take out food establishments are considered to be a retail use. When the business license was issued, staff advised the applicant that a Conditional Use Permit application for a restaurant would not be supported because, of inadequate parking. However, over time, tables were added changing the use from a take -out only to a restaurant use. Parkin Based on the current parking requirements, the 1,620 square foot restaurant is required to have 17 parking spaces. There is no on -site parking provided for Celeste's Kitchen. All the existing spaces on the property are utilized and allocated to the other permitted uses on the site. Required parking is based on the use and building size, not seating area. The reduced seating as proposed does not affect the onsite parking requirements of the Municipal Code. The required parking for the proposed restaurant is 17 spaces. • C & L Auto Body requires 38 parking spaces by code and maintains 37 total spaces, 29 are located adjacent to Live Oak Avenue within a gated area. Vehicles to be serviced by the body shop utilize the majority of this parking area along Live Oak Avenue. There is no access from the Live Oak parking area to the buildings fronting on Las Tunas Drive. Eight (8) of the 37 body shop parking spaces are located adjacent to Las Tunas Drive in front of C & L's office area (immediately to the east of Celeste's Kitchen). The body shop customers and employees parkin this area. • The 1',250 square foot Alex Di Pappa's restaurant requires 13 parking spaces by Code; there are seven (7) spaces behind their restaurant. As previously noted this restaurant is a legal nonconforming use because they do not have a conditional use permit. The available seven parking spaces do not comply with the code requirement. Based on recent staff visits to the project site, there are very few available parking spaces under the existing site conditions. Staff has witnessed numerous vehicles parked along Las Tunas Drive due to the lack of onsite parking. Sandra Rentschler, representative of Buona Fortuna LLC owner of C & L Auto Body, submitted a letter permitting Celeste's Kitchen to use the eight (8) parking spaces in their parking lot on Las Tunas Drive during the evening hours after 5:00 p.m. on weekdays and all day on weekends. It is important to note that these spaces are not Revised Report CUP 04 -005 Appeal September 7, 2004 Page 3 "excess" parking. In a recent meeting with C & L Auto Body, she indicated that her • business is open until 12:00 noon on Saturday, generally for pick -up of automobiles. In the original appeal, it was represented that the owners of the adjacent property to the east at 120 -124 Las Tunas, Patty, and Ming Fong,`have authorized the use of eight (8) parking spaces to be allocated to Celeste's Kitchen after 6:00 p.m. Mr. and Mrs. Fong withdrew that offer prior to the appeal. hearing. Typically, shared parking agreements occur when one property has a parking surplus based on code requirements, and legally allocates that surplus to another'property or use through the form of a covenant. Under the current proposal to share the parking with Celeste's Kitchen, the property owner offering °the "shared" parking would not be- able to extend the hours of any business operations located 'on their site or allow a. change in use that is more intensive than the current uses. The applicant has proposed reduced hours as noted above, including the proposal to be open Monday- Friday from 8:00 a.m. to 3:00 p.m. for take -out only. In staffs opinion,, it will be very difficult to monitor the hours in which customers are allowed to dine in. and more problematical to insure that customers during the weekdays are not dining on the premises during the "take'out only' hours. Although the amended hours of operation and reduced seating may-help alleviate the parking situation, there will still be deficient onsite parking. With a legal parking agreement to allocate eight (8) spaces to Celeste's, the use would still be nine spaces • deficient. I August 3 City Council Meeting During the August 3 meeting, several questions were raised regarding the availability of on- street parking, the possibility of securing additional parking from adjacent properties and limiting the hours of operation. Taking into consideration the discussion at the.meeting, the City Council continued its consideration of the conditional use permit to give the applicant and staff thirty (30) days to revisit this item, bring back a report including designated parking spaces for Celeste's Kitchen customers only, limiting the number of tables and relocating employee parking spaces. Additional Information As a result in the change of use from a take -out only use (retail establishment) to a restaurant, there are several building code issues that need to be resolved: 1. When the occupant load is over ten (10), the restaurant and the facility serving the restaurant must comply with the State's disabled access regulations as required by • Revised Report CUP 04 -005 Appeal September 7, 2004 Page 4 • Chapter 11 of the California Building Code, this includes as a minimum, providing one male and one female disabled accessible restroom. 2. The two main exit doors of the restaurant must swing outwards. 3. Provide new or verify existing one -hour occupancy separation wall from the slab to the bottom of the room between the restaurant and the warehouse. In regards to the on- street parking, the following is a summary of the street - parking situation based on staff's observations: 1. There are 84 feet of legal, street parking in front of the subject property. There is an additional 24 feet of unusable driveway in front of Celeste's Kitchen that could be closed and curb and gutter installed, providing for one (1) additional space (the typical "accepted" on- street parallel parking stall length is 24'). 2. Forty (40) feet of unused driveway in front of Cenco (property to the east at 120 -124 Las Tunas Drive) could be changed to curb area. However, during several staff inspections it was noted that cars already park in some of the unused driveway areas. 3. There is 38 feet of red curb adjacent to the fire hydrant in front of American Senior Living. Because of the location of the driveway to the senior units, staff does not • recommend eliminating the red curb because this ensures that vehicles will not be parked in this area obscuring visibility for persons exiting the senior housing project. • 4. There is 38 feet of red curb over the wash. There is a bus stop located in this area and again, staff does not recommend approval of eliminating the red curb in this area. In reviewing the on- street parking situation with the City Engineer, it was mentioned that new curb costs approximately $20 -$25 per linear foot and sidewalk (adjacent to the curb) costs approximately $3 per square foot. Usually, for a conditional use permit, parcel map or subdivision any condition of approval to improve curb, gutter and /or sidewalk is imposed on the applicant. The City does not make the improvements. On Tuesday, August 24 the City Attorney and Development Services Department staff met with the applicant's attorney, Arthur Cohen, Sandra Rentschler, representing the property owner and Mr. Sierra, proprietor of Celeste's Kitchen. Mr. Cohen advised that they were not able to secure a covenant or permission to use the parking lot on the. property at 120 -124 Las Tunas Drive. However, the owner (Buona Fortuna) of the subject property (132 -136 Las Tunas) is willing to sign a covenant maintaining eight (8) parking spaces on.Las Tunas Drive during the evenings and weekends (see attached letter). However, there would still be some conflict because Ms. Rentschler did indicate Revised Report CUP 04 -005 Appeal September 7, 2004 Page 5 that C & L Body Shop is open from 9:00 a.m. to 12:00 noon on Saturday, so there would • be a conflict to commit these spaces to Celeste's Kitchen prior to noon on Saturdays. Mr. Cohen reiterated that the applicant is willing to limit the hours of operation per the revised request, i.e., Monday- Friday 5:00 p.m. to 9:30 p.m., with Saturday and Sunday hours of operation from 8:00 a.m. to 9:30 p.m. and reduce the seating to 40 persons and that the outside dining be eliminated. However, the applicant would like to be open for take -out only Monday - Friday 8:00 a.m. to 3:00 p.m. The Council requested that we address relocating employee parking spaces. Unfortunately with the exception of on- street parking, there is no place to park employee vehicles in the area. Also, on street parking is generally not counted to meet a parking deficiency as significant as this one. Taking into consideration the applicant's amended proposal, including _reducing the seating and the availability of eight parking spaces during evening hours and on weekends, staff continues to recommend denial of this application' due to the fact that there is limited on -site parking for the restaurant and the restaurant use is too intense for the site. PLANNING COMMISSION ACTION The Planning Commission at its meeting of June 22, 2004 voted 5 -0 to adopt Resolution 1707 denying CUP 2004 -005 to allow seating at an existing take-out food establishment . to accommodate 68 patrons including incidental outdoor dining at 136 Las Tunas Drive. On June 30, 2004, the applicant, Oscar Sierra, submitted an appeal of CUP 04 -005. ENVIRONMENTAL ANALYSIS Pursuant, to the provisions of the California Environmental Quality Act, the Development Services Department has prepared an Initial Study for the proposed project. Said Initial Study did not disclose any substantial or potentially substantial adverse change in any of the physical conditions within the area affected by the project including land, air, water, "minerals, flora, fauna, ambient no and objects of historical or aesthetic significance that could not be made less than significant with mitigation incorporation. When considering the record as a whole, there is no evidence that the proposed project will have any potential for adverse effect on wildlife resources or the habitat upon which the wildlife depends. Therefore, a Negative Declaration has been prepared" for this project: FINDINGS Section,. 9275.1:2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: • Revised Report CUP 04 -005 Appeal September 7, 2004 Page 6 1. That the granting of such Conditional Use Permit. will not be detrimental to the • public health or welfare or injurious to the property or improvements in such zone or vicinity. 2. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and, shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan. RECOMMENDATION The Development Services Department recommends denial of Conditional Use Permit Application No. CUP 04 -005 including the revisions suggested by the applicant based on finding 3 above, that the site for the proposed use is not adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the • neighborhood. • CITY COUNCIL ACTION Denial of Appeal The City Council should move to deny Conditional Use Permit Application No. CUP 04 -005, based on the finding that that the site for the proposed use is hot adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping and other features required to adjust said use with the land and uses in the neighborhood, and direct staff to prepare a resolution incorporating the Council's decision and specific findings. Approval of Appeal If the City Council determines that based on the evidence presented this is an appropriate use for the site, the City Council should move to approve the negative declaration and approve the conditional use permit subject to the following conditions of approval and direct staff to prepare the appropriate resolution for adoption at the next City Council meeting: 1. The seating for the restaurant shall be limited to a total of 40 seats. Incidental outdoor dining shall be prohibited and the seating area shall be in compliance with Revised Report CUP 04 -005 Appeal September 7, 2004 Page 7 the Building and Fire Codes, to the satisfaction of the Building Official, Fire Marshall and Community Development Administrator, within ninety (90) days of approval of • the conditional use.permit. 2. The hours-of operation shall be Monday- Friday 6:00 p.m. to 9:30 p.m., and Saturday and Sunday from 8:00 a.m. to 9:30 p.m. 3. The restaurant shall be open during breakfast and lunch for take -out only during weekdays. 4. Within thirty (30) days and prior to receiving approval of a new business license for a restaurant, a covenant shall be prepared in a form and content approved by the City Attorney and filed with the County Recorder's office insuring that the eight (8) parking spaces located'at 132 Las Tunas Drive shall be available after 5:00 p.m. every week day and all day Saturday and Sunday for the use exclusively byCeleste's Kitchen. 5. The following shall be completed within ninety (90) days of approval of the Conditional Use Permit to the satisfaction of the Building Official: a. The restaurant must comply with the State's disabled access regulations as required,by Chapter 11 of the California Building Code, this includes as a minimum, providing one male and one female disabled accessible restroom. b. The two main exit doors of the restaurant must swing outwards. • c. Provide new, or verify existing one -hour occupancy separation wall from the slab to the bottom of the room between the restaurant and the warehouse. 6. That the 24' of unusable driveway, in front of Celeste's shall be removed and new curbs and sidewalk be installed by the applicant to the satisfaction of the City Engineer within ninety (90) days of approval of the Conditional Use Permit. 7. All onsite signage shall be in compliance with the City's sign ordinance (AMC Sec. 9262.4 to Sec. 9262.4.20). All signage shall be reviewed and approved by the Planning Division and appropriate permits shall be obtained from the Building Division. All signage shall be removed unless an SADR approval or Building Permit is on file in the Development Services Department regarding said signage. 'This includes wall signs, window signs, and temporary banners. 8. Noncompliance with the plans, provisions and conditions of approval for CUP 04- 005, shall be grounds for immediate suspension and /or revocation of any approvals, which shall result in closing of the restaurant. U Revised Report CUP 04 -005 Appeal September 7, 2004 Page 8 • 9. Approval of CUP 04 -005 shall not take effect until the property owner and applicant have executed and filed the Acceptance Form available from the Development Services Department to indicate awareness and acceptance of these conditions of approval. 10. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and /or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and /or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. • Approved by: .__g ` William R. Kelly, City Manager n U Attachments: Letter from Arthur Cohen, attorney for Mr. Sierra Letter from Buona Fortuna, property owner Business License Application approval Planning Commission Resolution 1707 Appeal Letter dated June 30, 2004 PC June 8, 2004 Minutes Aerial Photo & Zoning Map - Land Use Map Photographs Project Plans submitted by applicant Negative Declaration & Initial Study Environmental Information Correspondence Revised Report CUP 04 -005 Appeal September 7, 2004 Page 9 QUAN COHEN & HIRANO LLP ATTORNEYS AT LAW RICHARD K. QUAN 212 SOUTH PALM AVENUE ARTHUR D. COHEN - SUITE 101 RONALD M. HIRANO ALHAMBRA, CALIFORNIA 91801 -3105 TELEPHONE 626 /300 -3700 Writer's Direct Dial No. 626/300 -3702 August 24, 2004 VIA FACSIMILE AND U.S. MAIL Members of the Arcadia City Council 240 West Huntington Drive Post Office Box 60021 Arcadia, CA 91066 RE: Application by Oscar Sierra for Conditional Use Permit on behalf of Celeste's Kitchen Restaurant Dear Gentlepersons: ' FACSIMILE 626/300 -3706 File No. 1351 Our firm represents Oscar Sierra concerning his Application for a Conditional Use Permit for Celeste's Kitchen at 136 Las Tunas Drive, Arcadia, California. We understand that application is to be on the Council's agenda on September 7, 2004. We respectfully request that the Council grant us the opportunity to address the Council on behalf of that application at the Council Meeting on September 17, 2004. Very truly yours, QUAN COHEN & HIRANO LLP ART R . COHENdV ADC /is 0 • E Aug 25 04 06:07p Kristen Buansanti 626- 445 -1634 BUONA FORTUNA LLC 132 LAS TUNAS DR. • ARCADIA, CA, 91007 626- 445 -6630 August 25, 2004 Dear Sir or Madam: Buona Fortuna, LLC, the owner of the real property located at 132, 136, 140 Las 'Tunas dr. Arcadia, will sign a covenant and agreement to maintain 8 parking spaces at 132 Las Tunas Dr. Arcadia, for the benefit of the City of Arcadia and Celeste's Restaurant. • Sincerely, Sandra Rentschler President p.2 %., i I T .v Ir #► M a.. H Iv I P% 240 West Huntington Drive • P. O. Box 60021 • Arcadia, CA 91066 (626) 574.5430 • Fax (626) 447 -9173 • Attn: Bus, License Office BUSINESS LICENSE APPLICATION City Review and Approval epee ooinir ri eeeiv - nil nuuefinns mutt he answered Business Name 7w Ls f 1 Business Phone ( ) 1 • Business Address /36, L✓ Cg C --,�Ll V7 a C j C- • Business Fax ( Owner of Business owner of Building Type of Business t I Describe business activity in detail Phone No. oj� `/V S �(-S O Phone No..( Previous type of business at this address - Date when previous business was closed? is this a change of business ownership? OYes ❑ No Do you propose any alterations to the building?)Yes ❑ No Will training or classes be conducted oh the premises? 0 Yes XNo - If Yes, how many persons will be attending? List the types and amount of flammable or explosive liquids to be used (if any): WIII your business discharge wastewater from other than restreoms, drinking fountains, showers, or air conditioners used for human comfort? Q Yes XNo WIII your business discharge any wastewater from any manufacturing, processing, Institutional, commercial, or any other operation where thewaswveterindudwsignMmntquandtiesoinorhumanodgin7 El Yes *No No If your business is the same as the previous tenant, did the previous tenant ave an Industrial Wastewater Discharge Permit? OYesI Please check If your business includes one of the following: Restaurant ❑ Commercial Laboratory ❑ Auto Dealer O Hospital with Overnight Beds L1 Hotel ❑ Manufacturing C3 Auto Repair Shop ❑ Radiator Shop • Food Sales 0- ❑ Chemical Laboratories ❑ Automotive Service Station ❑ Centralized Food Processing Facilities ,Retail ❑ Bakeries ❑ Warehouse ❑ Car Wash or Truck Wash_ ❑ Centralized Film Processing Facilities ❑ School Cl Film Processing Services 0 Kennels and Animal Hospitals ❑ Cleaners and Laundries (not -coin I CERTIFY THAT I HAVE READ THE STATEMENTS CONTAINED Date: r — ` 'a' O 3 Signature of AND THAT THEY ARE TRUE AND CORRECT. • mW � t♦ BUSINESS LICENSE APPLICATION Development Services Department, Business License Office 240 West Huntington Drive, Post Office Box 60021 Arcadia, CA 91066 -6021, (626) 574 -5430, Fax (626) 447 -9173 THIS APPLICATION IS INVALID AFTER THIRTY (30) DAYS. Application ❑ Change of Owner ❑ Change of Address ❑ Change of Business Name ❑ Home Occupation Retail ❑ Wholesale ❑ Service ❑ Service/Delivery ❑ General Contractor ❑ Subcontractor Warehouse Other ❑ Professional ❑ Property Ownership ❑Man factoring ❑Industrial ❑ ❑ Business Name t P 1 v '� o C }�v -4240- Business Address L-S I w � C.f ` ` rr'Annli P.O. Box (or non - exempt busmesses per State Mailing Address City State Zip F Business Phone (�`'Ll, 1 `1 '" cc } Business Fax f 1 IIate Patd k i- S -o3 is your business located in the City of Arcadia Yes ❑ No Start Date Q' ^Cash ❑Check No Description of Business �CSf(l1AVG1✓T4' s. � Ownership: {y �Corporation ' ❑ Corp -Ltd Liability ❑ Partnership ❑ Sole Proprietor L] Limited Partnership ❑ Trust State License No. / I License Type Expiration Date Resale No. 4 ip )00 -./ o 11 -! I FEIN No. SEIN No. - Enter below names of Owners, Partners, or Corporate Officers. Use additional sheets as necessary. jVame _ ddress _ City _ Social Security No. State t n Driver's License No Title Phone one kz Y Cell Phone Owner Name Title - Phone f 1 Cell Phone j Home Address State Zip City Social Security No. Driver's License No In case of emergency, please cogi$ct: 1 - - � Name �l(j�2L/ i 1 Title Phone �y �.. "V ?' r Cell Phone j y Address /IC3 / L.l t G "�- 4 .� ✓l 7c r� State < / 7 % Zip u City �-.�' , Alarm Company (if Name Address City General Bui Specialty Bi Professional property, ON Other Penalty -;T Phone . License State Zip SS .BUSBVESS L NSE FEE .2 j � + per employee + per vehicle sale /service -Base fee. rte, 'Service vehicles going to a location in "Area t'd a. er vetacle ding Contractor Base fee + per vehicle ilding Contractor Base fee + per vehicle per professional+ per employee tit I aership Commercial - Base fee" + - per unit over (2) two " - Apartments:.. Baselfee: - - + - per!anitoverfour >(4) - - - tere,is a :100%p penalty on any business opemtit'g -in the City - of Arcadia without .a valid license. I DECLARE, UNDER PENALTY OF PERJURY, TAT, INFORMATION IN THIS APPLICATION 15 TRUE AND CORRECT. Signature of Owner o Representative . Date f i..+ - (Return entire application f� to a ve Post Office Box and make check payable to the City of Arcadia) RESOLUTION NO. 1707 A RESOLUTION OF THE PLANNING COMMISSION OF. THE CITY OF ARCADIA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT APPLICATION NO. CUP 04 -005 TO ALLOW SEATING AT AN EXISTING TAKE -OUT FOOD ESTABLISHMENT , ..(CELESTE'S KITCHEN) TO ACCOMMODATE 68. PATRONS INCLUDING INCIDENTAL OUTDOOR DINING AT 136 LAS TUNAS DRIVE WHEREAS, on April 13, 2004; an application was filed by Oscar Sierra to allow seating for 68 patrons at an existing take -out food establishment; Development Services Department Case No. CUP 04 -005, at 136 Las Tunas Drive, more particularly described as follows: The westerly 200 feet of the easterly 582.52 feet of lot 68 of. Santa Anita Colony, in the City of Arcadia, County of Los Angeles, State of California`as per map recorded in Map Book 42, Page 87 in the Office of the County Recorder of Said County. WHEREAS, a public hearing was held on June 8, 2004, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOLLOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report dated June 8, 2004 is true and correct. SECTION 2. This Commission finds: A. That the granting of this Conditional Use Permit would be detrimental to the public health and welfare and injurious to the property and improvements in such zone or vicinity because the existing parking facilities are inadequate . and there is no onsite parking for the proposed restaurant. B. That the use applied for at the location indicated is properly one for which a Conditional Use Permit is authorized, however, the applicants did not satisfy the parking requirements for the requested conditional use as specified in Sections 9269.5 et seq. of the Arcadia Municipal Code. C. That the site for the proposed use is not adequate in size and shape to accommodate the proposed use, in that there is not sufficient onsite parking, to accommodate the proposed use. D. That the site abuts a street that is adequate in width to carry the kind of traffic that would be generated by the proposed use, however, there is not sufficient onsite parking to accommodate the use. E. That the granting of such Conditional Use Permit will adversely affect the comprehensive General Plan because although the land use and current zoning are consistent with the General Plan, there is not sufficient onsite parking to accommodate the use. F. That the evaluation of the environmental impacts as set forth in the initial study is appropriate and that the project could have less than a significant effect upon the environment within the meaning of the California Environmental Quality Act of 1970, but the project was not approved, and therefore, a Negative Declaration could not be approved. SECTION 3. That for the foregoing reasons this Commission denies Conditional Use Permit Application No. CUP 04 -005 to allow seating for 68 patrons at an existing take -out food establishment at 136 Las Tunas Drive. SECTION 4. The decision and findings contained in this Resolution reflect the Planning Commission's action of June 8, 2004 to deny Conditional Use Permit Application No. CUP 04 -005, by the following vote: AYES: Commissioners Baderian, Hsu, Lucas, Olson and Wen NOES: None ABSENT: None SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that this Resolution No. 1707 was adopted at a regular meeting of the Planning Commission held on June 22, 2004, by the following vote: AYES: Commissioners Baderian, Hsu, Lucas, Olson and Wen NOES: None ABSENT: None 0 2_ 1707 ATTEST: Secretary, Planning Commission City of Arcadia APPROVED AS TO �FORM: Stephen P. Deitsch, City Attorney City of °Arcadia Chairman, Planning Commission City of Arcadia -3- 1707 0 r� U 0 To: Arcadia City Council 240 W. Huntington Drive Arcadia, CA 91066 w � 'JUN 3 0 2004 IA C IYC�lEA�ic Re: Appeal of Celeste's Kitchen Inc. from the adoption by the City Planning Commission of Resolution No., 1707 Denying the Conditional Use Permit 2004-005 which would allow seating at existing take -out food establishment ( Celeste's Kitchen) accommodating 68 Patrons including incidental outdoor dining at 136 Las Tunas Drive'. In support of this appeal Celeste's Kitchen Inc. offers the following proposal which will immediately take place: 1. That Celeste's will be open for take -out breakfast and lunch only, Monday through Friday from 8:00 AM to 3:00 PM. 2. That Celeste's will be open for inside, sit down, dining for 40 patrons, from 5:00 PM to 9:30 PM, Monday through Friday. 3. That there will not be any outside seating at any time. 4. That on Saturday and Sunday, Celeste's will be open for sit down breakfast, lunch and dinner from 8:00 AM to 9:30 PM. 5. That sufficient parking will be made available to Celeste's customers from parking lots of adjoining property and business owners after their business hours, as follows: (a) C & L Auto Body, 132 Las Tunas Drive after 5:00 PM every week day when they are closed and all day Saturday and Sunday, when they are closed. (See their letter attached hereto.) (b) Property Owners Patty Fong and Mina Fong and Cenco Auto Body at 124 W. Las Tunas Drive after 5:00 PM every week day, when they are closed, and all day Saturday and Sunday when they are closed. (See their letter attached hereto.) (c) Pet and Jungle Shon, 124 W. Las Tunas Drive, every day of the week including Saturday and Sunday after 6:00 PM when they are closed. (See their letter attached hereto.) Celeste's Kitchen has a growing reputation as the restaurant in the City of Arcadia that provides a unique cuisine not otherwise available in the City or the San Gabriel Valley. '' Celeste's is anxious to be able to ,continue to provide this service to the City. Celeste's Kitchen Inc. respectfully urges that the City Council grant their Appeal and permit their continued operation as proposed herein. Dated:June 30, 2004 Celeste's Kitgtep Inc. . 0 06/29!2004 16:09 6263003706 QUAM CUHE711 HIHANU • C & L AUTO BODY 132 Las Tunas Dr. Arcadia, CA 91007 Tel. (626) 445 -6630 Fax (626) 447 -2961 E -mail: clautobody(g?aol.com June 29, 2004 To Whom It May Concern: HAIiL 04 The management of C & L Auto Body will extend the use of our parking lot to Celeste's Kitchen during the evening hours after 5 P.M. every week day when we are closed and all day on weekends. We have been next door to Celesta's itchen for over a year now and do not find parking 1c, be a problem as most of its business occurs when we are closed. We sincerely hope the City of Arcadia will accept a compromise and allow Celesta's Kitchen to remain open to serve the community. Sincerely, SANDRA RENTSCHLER President C� 0t ?S'y12gb4 Ib: n'7 6Y6dbtldi 04 UIURN GUrltry MIMANU • PET AND JUNGLE SHOP 124 W. LAS TUNAS DRIVE ARCADIA,'CA 91007 (626) 447 -5974 OR (626) 447 -0579 To Whom It May Concern: This Is to inform you that we at the Pet and Jungle Shop in cooperation with our Landlord Mr. Ming Pong owner of Cenco Auto Body have decided to allow patrons of Celesta's Kitchen to use our parking lot every week day and weekends after 6 P.M. when we are closed. Thank you for your consideration, Sincerely D,B. DANA, Owner • 0 rNUC Ud 1. PUBLIC HEARING CUP 2004 -005 136 Las Tunas Dr. Celeste's Kitchen (Oscar Sierra) Consideration of conditional use permit for an existing take -out restaurant to accommodate 68 patrons including incidental outdoor dining. The staff report was presented. Commissioner Hsu stated that he drove by the lot and noticed that inoperable cars are being parked behind C & L Auto Body. If they are going to share the parking lot, the existing situation must be improved prior to .making any arrangements. He thought it was being used as a storage area. Mr. Lambert said that parking along Live Oak is for employees or patrons of the site and not for cars waiting to be serviced. The public hearing was opened. Oscar Sierra, 14000 Niko St., Baldwin Park, said that originally they opened this restaurant for take out only. When he approached the City, he was informed he could open as take out only and see how things progress before applying for seating. Soon his customers asked if he could provide seating for them while they are waiting for their food. He then added a couple of more tables for his customers and now he is here to obtain the necessary permits for his seating. He read a letter from C & L Auto Body Shop in favor of his use and indicated that the owner of Pet Jungle has informed him that his customers could utilize it during the weekends and that would be for 50 cars. When he approached the City, he was told that he would need a CUP to have sit down and it was suggested to him by staff, to first open the restaurant as take out and submit plans later to have seating. In answer to a question by Chairman Baderian, Mr. Sierra said that he knew he needed a CUP to have seating and that is why he is here today. He indicated that after he opened, he was asked by his patrons to provide seating and that is why he brought in tables and chairs. He knew that he needed a CUP for seating. In reply to a question by Commissioner Wen, Mr. Sierra said that agreement to utilize the parking lot during the weekends is verbal Jennifer Cole, 8418 E. Santa Ynez, San Gabriel, said that she is a patron and truly enjoys going to this restaurant. The owners have worked very hard to get this business off the ground. They serve wonderful food and the ambiance of the restaurant is great. Most patrons park along Las Tunas or next to C & L Auto Body. She thought that something else is going on and had a feeling that it was the other restaurant that did not want competition and is creating trouble. Mr. Sierra's customers are very loyal and will walk several blocks just to come to this restaurant. They deserve to have their success and make a living. Beth Costanza, Dir. of the Chamber of Commerce, 204 S. Park Rose,. Monrovia, said they are working very hard to keep business in the City and she would hate to see them go. She preferred working with them to make it a success. She suggested talking with the neighbor and to legalize the parking. Sandhya Ray, 141 W. Las Tunas Dr., said that she is the director of Wonder Years Montessori School, • and although she was not here to create a problem for her neighbor, she was concerned about the traffic Arcadia City Planning Commission 2 61914 and safety issues. They have seen an increase in the use of parking on their side of the (north side) street and to either side of their school. When the children are dropped off and picked up, this needs to be done in a safe manner. But, when cars are continuously parked on their side of the street, this makes visibility more difficult for the parents and could be potentially disastrous because they cannot see the traffic on the street. She asked that red curbs be provided on either side of the school to remedy this problem. Larry DiPeppe, 140 W. Las Tunas Dr., said that he is the owner and operator of their business, which has been in the community since 1977. Parking has always been a problem in this area. He doubted that Pet Jungle would allow them the use of their parking lots, especially since it is chained at the end of the day. Approximately, one month ago' ABC cited the restaurant for serving alcohol without having the proper licenses. They ignored that and continued to serve alcohol so he did call ABC back regarding the violation. Originally, Mr. Sierra approached him to see if he minded if he put a couple of tables for his patrons while they were waiting for their food but he soon added a couple of more tables and began serving meals. Many of his customers are older and cannot walk and Mr. Sierra's customers are taking up the parking so his customers have to walk further to get to his restaurant. He is not against the competition, just protecting his interests. Terry Keanan, 226 N. Colorado Blvd., said that Ms. Costanza, the Director of the Chamber, said that they need more businesses like this in the City. He wondered why they would need a business that continuously violates, disobeys and disrespects the laws? Arcadia needs law abiding citizens and businesses. He indicated that they are loyal customers of Mr. DiPeppe's restaurant. Unlike the subject restaurant, DiPeppe's restaurant has been a sit down establishment since it opened. He could not see how they could utilize the Pet Jungle parking lot, especially since it is chained up in the evening. The Planning Commission needs to look at past performance of Mr. Sierra and see him as someone who freely violates the code. Connie Keanan, 226 W. Colorado Blvd., said that there is definitely a competition between the two restaurants. Katherine Martin, 9153 Las Tunas Dr., said that she is now 17 and has been going to DiPeppe's since she was 6 years old. They are also loyal customers of this restaurant. The subject restaurant is breaking the law and not complying with code. She felt that all businesses must abide by the laws that are set. In rebuttal, Mr. Sierra said he did not set out to disobey the rules. At his customer's request, he put tables and chairs out. His customers then wanted to bring their own wine so he allowed them to do that. He noted that a few months ago, one of his patrons was having a party and they had brought wine and he noticed that waiters from DiPeppe's were taking pictures of this incident. Subsequently, ABC cited him for serving liquor without having the appropriate licenses and he has since applied for the proper licenses through ABC. This is not about competition. They just want to work and make a living by serving good, tasty and fancy food. No one else spoke in favor of or in opposition to this item. MOTION: • It was moved by Commissioner Hsu, seconded by Commissioner Wen to close the public hearing. The motion passed by voice vote with no one dissenting. Arcadia City Planning Commission - 3 6/9/4 ROLL CALL: AYES: Commissioners Hsu, Lucas, Olson, Wen, Baderian NOES: None Ms. Butler indicated that the restaurant where Di Peppe's is located has been at this location since the 50s and at that time CUPS were not required, thus, Di Peppe's is a legal non - conforming use. If they were to close and re -open at a later date they would need to comply with current parking regulations. Commissioner Wen said that he is sympathetic with the owner and encourages law- abiding businesses. It is the Planning Commission's responsibility to-interpret the regulations. He strongly suggested that Mr.' Siena obtain a signed agreement for the use of the parking. Ms. Butler replied that such an agreement would have to ensure that the parking is excess parking and that during the specified times it is actually available. Commissioner Hsu agreed and said that this is a clear violation and he thought that a parking agreement should be made. Commissioner Olson recalled a similar situation with a successful real,estate office that did not have adequate parking. They were told that they were too ,successful for their location and should seek a better location to serve their n_ eed and he felt that also applies in this situation. He, had a difficult time supporting this request. MOTION: It was moved by Commissioner Olson, seconded by Commissioner Wen to deny CUP 2004 -005. ROLL CALL: AYES: Commissioners Hsu, Lucas, Olson, Wen, Baderian NOES:, None Chairman Baderian noted,,that there is a five working day appeal period after the adoption of the resolution. The resolution will,be adopted on June 22. Appeals are to be filed by June 30. Arcadia City Planning Commission 4 61814 0 • • + r v i 5r s-ii Y r r tF� � � 9 f �_° a inas Dave M4=005 j w5M 1, + 'ae r✓ r � Z sr: + r v i 5r s-ii Y r r tF� � � 9 f �_° a inas Dave M4=005 j w5M 1, sr: i 1 a , + r v i 5r s-ii Y r r tF� � � 9 f �_° a inas Dave M4=005 j r t o� I Ills, r t o� I NEGATIVE DECLARATION (DRAFT) c • 4dPoR�290.���' 1. Name, if any, and a brief description of project: Application No. CUP 04 -005: A Conditional Use Permit to allow seating at an existing take -out restaurant ( Celeste's Kitchen) to accommodate 68 patrons including incidental outdoor dining at 136 Las. Tunas Drive. 2. Location: 136 Las Tunas Drive, City of Arcadia, County of Los Angeles 3. Entity or person undertaking project: Celeste's Kitchen 136 Las Tunas Drive Arcadia, CA 91007 (626) 254 -8364 The Planning Commission, having reviewed the Initial Study of this proposed project and having reviewed the written comments received -prior to the public meeting of the Planning Commission, including the recommendation of the City's:Staff, does•hereby find and declare that the proposed project will not have a significant effect on the environment. A'brief statement of the reasons supporting the Planning Commission /City Council's finding's are as follows: The proposed use is consistent-with the zoning and General Plan land use designation of the project site and will not have a significant effect upon the,'environment. The Planning Commission hereby finds that the Negative Declaration reflects its independent judgment. A copy of the Initial Study may be obtained at: City of Arcadia Development Services Department Community Development Division 240 W. Huntington Drive Arcadia, 91007 (626) 574 -5423 The location and custodian of the documents and any other material which constitute the record of proceedings upon which the City based its decision to adopt this Negative Declaration are as follows: City of Arcadia Development Services Department Community Development Division 240 W Huntington Drive Arcadia, 91007 (626) 574 -5423 Joseph M. Lambert Staff • Date Received for Filing Neg Dec 7102 0 0 • File No. CUP 04 -005 CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ° "• °a. =jO ARCADIA, CA 91007 CALIFORNIA ENVIRONMENTAL QUALITY ACT ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Application No. CUP 04 -005 2. Project Address (Location) 136 Las Tunas Drive 3. Project Sponsor's Name, Address & Telephone Number: Celeste's Kitchen 136 Las Tunas Drive f Arcadia, CA 91007 (626) 254 -8364 4. Lead Agency.Name & Address: City of Arcadia Development Services Department Community Development Division — Planning Services 240 W. Huntington Drive Post Office Box 60021 Arcadia, CA 91066 -6021 5. Lead Agency Contact Person & Telephone Number: Donna Butter, Community Development Administrator (626).574-5442 6. General Plan Designation: Commercial 7. Zoning Classification: C -M 8. Description of Project: -1- CEQA Env. Checklist Part 1, 7/02 File No. CUP 04 -005 Conditional Use Permit Application No. 04 -005: A Conditional Use Permit to allow seating at an existing take -out restaurant (Celestes Kitchen) to accommodate 68 patrons including incidental outdoor dining at 136 Las Tunas Drive. 9. Surrounding Land Uses and Setting: (Briefly describe the project's surroundings.) - The properties to the north are zoned C -0, and are developed with commercial land uses. The property to the west is zoned C -2, and is being developed with a senior housing project. The property to the east is zoned C -M and is developed with an auto repair use. Properties to the south are with Temple City. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. [ ] Aesthetics [ ] Air Quality [ ] Biological Resources [" ] Cultural Resources [ ] Geology /Soils [ ] Hazards & Hazardous Materials [ ] Hydrology/Water Quality [ . ] Land Use & Planning [ ] Mineral Resources [ ] Noise [ ] Population & Housing [ ] Public Services [ ] Recreation [ ] Transportation / Circulation [ ] Utilities and Service Systems [ ] Mandatory Findings of Significance DETERMINATION (To be completed by the Lead Agency) On the basis of this initial evaluation: [X] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [ ] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the -2- CEQA Env. Checklist Part 1, 7/02 • • is File No. CUP 04 -005 mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [ ] I find that the proposed project MAY have a significant effect on the environment, an ENVIRONMENTAL IMPACT REPORT is required. [ ] I find that the proposed project MAY have a significant effect on the environment, but that at least one effect has been adequately analyzed in an earlier document pursuant to applicable legal standards and has been addressed by mitigation measures based on that earlier analysis as described on attached sheets, and if any remaining effect is a "Potentially Significant Impact' or 'Potentially Significant Unless Mitigated," an ENVIRONMENTAL IMPACT REPORT is required, but it only needs to analyze the effects that have not yet been addressed. [ ] I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects have been analyzed adequately in an earlier Environmental Impact Report pursuant to applicable standards and have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. • By: Donna Butler, Community Development Administrator For: The City of Arcadia -- Development Services Department 5/3/04 Sign ur Date Joseph M Lambert Donna L. Butler Printed Name For EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects such as the one involved (e.g., the project is not within a' fault rupture zone). A "No Impact" answer should be explained where it is based on project - specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project- specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project - level, indirect as well as direct, and construction related as well as • operational impacts. -3- CEQA Env. Checklist Part 1, 7/02 File No. CUP 04-005 3. "Potentially Significant Impact' is appropriate if there, is substantial evidence that an effect is significant. If there are one or more, "Potentially Significant Impact' entries when the determination is made, an Environmental Impact Report is required. 4. 'Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the,effect,to a less than significant level (mitigation measures from Section 17 "Earlier Analyses" may be cross- referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program Environmental Impact Report, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or Negative Declaration (Section 15063(c)(3)(D)). Earlier analyses are discussed in Section 17 at the end of the checklist. a) Earlier Analyses Used: Identify and state where they are available for review b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier anal ysis. c) Mitigation Measures; For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures that were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist, references to information sources • for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources. A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significant. • -4- CEQA Env. Checklist Part 1, 7102 File No.: CUP 04 -005 . Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact "Incorporation 1. AESTHETICS — Would the project a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b) Substantially damage scenic resources, including, but not limited ❑ ❑ ❑ to, trees, rock outcroppings, and historic buildings within a " Ste te' scenic highway? c) Substantially degrade the existing visual character or quality of ❑ ❑ ❑ the site and its surroundings? d) Create a new source of substantial light or glare which would ❑ ❑ ❑ adversely affect day or nighttime views in the area? • The proposed project consists of a conditional use permit to locate a restaurant use within an existing is developed with commercial buildings and no additional commercial building. The project site already The site is surrounded by similar commercial uses` and is part of a larger construction is proposed. project As no adverse impact is anticipated. commercial center. such, 2. AGRICULTURE RESOURCES -'In determining whether impacts to agriculture resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of _ ❑ ❑ Statewide Importance (Farmland) to non - agricultural use? (The ❑ Farmland Mapping and Monitoring ,Program in the California Resources Agency to non - agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson ❑ ❑ ❑ Act contract? c) Involve other changes in the existing environment, which, due to ❑ ❑ ❑ their location or nature, could result in conversion of Farmland to non- agricultural use? CEQA Checklist 5 7102 File No.: CUP 04 -005 Less Than • Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Incorporation The proposal is consistent with the Commercial land use designation of the General Plan and with the zoning of the site, and is required to comply with the regulations of any other jurisdictional agency with applicable environmental regulations. The project site is surrounded by similar uses and no additional commercial construction is proposed at the project site. As such, the proposal will have no impacts on agricultural resources. 3. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air ❑ ❑ ❑ quality plan? b) Violate any air quality standard or contribute substantially to an ❑ ❑ ❑ existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria ❑ ❑ ❑ pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions ,which exceed quantitative thresholds for ozone precursors)? e) Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ concentrations? f) Create objectionable odors affecting a substantial number of ❑ ❑ ❑ people? The proposed project consists of a conditional use permit to locate seating in an existing take -out restaurant within an existing commercial building. The project site is already developed with commercial buildings and no additional construction is proposed. The continued use of the site will be in accordance with local air quality regulations as administered by the South Coast Air Quality Management District. As such, no adverse impacts are anticipated. 4. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse impact, either directly or through ❑ ❑ ❑ habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish` ' and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse impact on any riparian habitat or other ❑ ❑ ❑ CEQA Checklist 6 7102 • File No.: CUP 04 -005 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Incorporation sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to , marsh, vernal pool, coastal,.etc.) through direct removal, filling, hydrological interruption or other means? d) Interfere substantially with the movement of any native resident or ❑ migratory fish or wildlife species or with established resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? ❑ ❑ e) Conflict with any local policies or ordinances protecting biological ❑ ❑ ❑ resources, such as a tree preservation policy or ordinance? • f) Conflict with the provisions of an adopted Habitat Conservation ❑ ❑ ❑ Plan, Natural Conservation Community Plan, or other approved local, regional or state habitat conservation plan? The proposed project consists of a conditional use permit to locate seating in an existing take -out restaurant within an existing commercial building. The project site is already developed with commercial buildings and no additional construction is proposed. As such, the proposal will have no impacts on biological resources. 5. CULTURAL RESOURCES -Would the project: a) Cause a substantial adverse change in the significance of a ❑ ❑ ❑ historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an ❑ ❑ ❑ archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological resource or ❑ ❑ ❑ site or unique geologic feature? d) Disturb any human remains, including those interred outside of ❑ ❑ ❑ formal cemeteries? The project site is already developed with a commercial building and no additional construction is proposed. • As such, no adverse impacts on cultural resources are anticipated. 6. GEOLOGY AND SOILS - Would the project: CEQA Checklist 7 7102 7 File No.: CUP 04 -005 Less Than • Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Incorporation a) Expose people or structures to potential substantial adverse ❑ effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? v) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable.as a result of the project, and potentially result in on or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil as defined in Table 18 -1 -8 of the Uniform Building Code (1994), creating substantial risks to life or property? Is ❑ ❑ ❑ ❑ ❑ ❑ EJ El El ❑ ® • El z ■ /t e) Have soils incapable of adequately supporting the use of septic ❑ ❑ ❑ tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? While this entire region is subject to the effects of seismic activity, the subject location has not been determined to be especially susceptible to any of the above geological or soil problems. The site is essentially fiat land, and is not within an area subject to inundation;: subsidence, or expansion of soils. The proposed project consists of a conditional use permit to locate seating in an existing take -out restaurant within an existing commercial building. The project site is already developed with commercial buildings and no additional construction is proposed. As such, no adverse impacts are anticipated. VII. HAZARDS AND HAZARDOUS MATERIALS - Would the • project: CEQA Checklist a 7/02 • • 06. File No.: CUP 04 -005 Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation impact Impact Incorporation a) Create a significant hazard to the public or the environment ❑ ❑ ❑ through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment ❑ ❑ ❑ through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) emit hazardous emissions or handle hazardous or acutely ❑ ❑ ❑ hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous ❑ ❑ ❑ materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where ❑ ❑ ❑ such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the ❑ ❑ ❑ project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted ❑ ❑ ❑ emergency response plan or emergency evacuation plan? h) . Expose people or structures to a sigificant risk of loss, injury or ❑ ❑ ❑ death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? The project site is already developed with a commercial building and no additional construction is proposed. The project site is surrounded by similar uses and no additional commercial construction is proposed at the project site. The proposed project does not involve hazardous substances, nor will it create or expose people to health hazards. The proposal will be in compliance with emergency access and fire safety regulations. As such, no adverse impacts are anticipated. HYDROLOGY AND WATER QUALITY - Would the project: CEQA Checklist 9 7102 e) Create or contribute runoff water which would exceed the capacity [I El El of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff ?, f) Otherwise substantially degrade water quality ❑ File No.: CUP 04 -005 ❑ • ❑ ❑ Less Than a federal Flood Hazard Boundary or Flood Insurance Rate Map or Potentially Significant Less Than Significant With Significant No other flood hazard delineation map? Impact Mitigation Impact Impact Incorporation a) Violate any water quality . standards or waste discharge ❑ ❑ ❑ requirements? b) Substantially deplete groundwater supplies or interfere ❑ ❑ ❑ i) Expose people or structures to a.significant risk of.loss, injury or substantially with groundwater, recharge such that there would be ❑ ❑ a net deficit in aquifer volume or a lowering of the local death involving flooding, including flooding as a• result of the groundwater table level (i.e., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, ❑ ❑ ❑ ❑ including through the alteration of the course of a stream or river, ❑ ® in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, ❑ ❑ ❑ ® 10 including through the alteration of the course of a stream or river, • or substantially increase the rate or amount of surface runoff in a 7/02 manner which would result in flooding on- oroff -site? e) Create or contribute runoff water which would exceed the capacity [I El El of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff ?, f) Otherwise substantially degrade water quality ❑ ❑ ❑ g) Place housing within a 100 -year flood hazard area, as mapped on ❑ ❑ ❑ a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year floodplain structures which would impede ❑ Cl ❑ or redirect flood flows? i) Expose people or structures to a.significant risk of.loss, injury or ❑ ❑ ❑ death involving flooding, including flooding as a• result of the failure of 'a levee or dam? .- • j) Inundation by seiche, tsunami or mudflow? ❑ ❑ ❑ ® CEQA Checklist 10 7/02 File No.: CUP 04 -005 tLess Than - Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Incorporation k) Potential impact of project construction on storm water runoff? ❑ ❑ ❑ 1) Potential impact of project post- construction activity on storm ❑ ❑ ❑ water runoff? m Potential for discharge of storm water from areas from material ❑ ❑ ❑ storage, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas or loading docks, or other outdoor work areas? n) Potential for discharge of storm water to cause significant harm ❑ ❑ ❑ on the biological integrity of the waterways and water bodies? o) Potential for discharge of storm water to impair the beneficial ❑ ❑ ❑ • uses of the receiving waters or areas that provide water quality benefit? p) Potential for significant changes in the flow velocity or volume of ❑ ❑ ❑ storm water runoff that can use environmental harm? q) Potential for significant increases in erosion of the project site or ❑ ❑ ❑ - El surrounding areas? The project site is already developed with a commercial building and no additional construction is proposed. The project site is surrounded by similar uses and no additional commercial construction is proposed at the project site. There will be no change to the existing drainage and runoff generated by the project site. As such, no adverse impacts are anticipated. 9. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy, or regulation of ❑ ❑ ❑ an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? • c) Conflict with any applicable habitat conservation plan or natural ❑ ❑ ❑ CEQA Checklist 11 7102 10. 11 File No.: CUP 04 -005 Less Than • ' Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Incorporation community conservation plan? The proposal is consistent with the Commercial ;land use designation of the, General Plan and with the C -M zone, and is required to comply with the regulations of any other jurisdictional agency with applicable environmental regulations. The proposed project consists of a conditional use permit to locate seating in an existing take -out restaurant within an existing commercial building. The project site is already developed with commercial buildings and no additional construction is proposed. As such, no adverse impacts are anticipated. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that ❑ ❑ ❑ would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally- important mineral ❑ ❑ ❑ resource recovery site delineated on a local general plan, specific plan or other land use plan? No mineral resources are known to exist at the site. As such, no adverse impacts are anticipated. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of .' .❑ El El ® • standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne ❑ ❑ ❑ vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the ❑ ❑ ❑ project vicinity above levels existing without the project? d) A substantial„ temporary or periodic increase in ambient noise ❑ ❑ ❑ levels' in the project vicinity above levels existing without the project? e) For a project located within an airport land. use plan or, where ❑ ❑ ❑ such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? . f) ' For a project within the vicinity of a private airstrip, would the ❑ ❑ ❑ project expose people residing or working in the project area to excessive noise levels? • CEQA Checklist 12 7/02 File No.: CUP 04 -005 • Less Than Potentially Significant Less Than - - Significant With Significant No Impact Mitigation Impact Impact ' Incorporation The project site is surrounded by similar uses and no additional commercial construction is proposed at the project site. Therefore, there will not be any new sources of noise at the project site. As such, no adverse impacts are anticipated. 12. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for ❑ ❑ ❑ example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating ❑ ❑ ❑ the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the ❑ ❑ ❑ construction of replacement housing elsewhere? The project site is surrounded by similar uses and no additional commercial construction is proposed at the project site. Also, there will not be any new construction of residential units. As such, no adverse impacts are anticipated. the PUBLIC SERVICES — Would project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ Police protection? ❑ ❑ ❑ Schools? ❑ ❑ ❑ Parks? ❑ ❑ ❑ Other public facilities? ❑ ❑ ❑ The project site is already developed with a commercial building and no additional construction is proposed. The project site is surrounded by similar uses and no additional commercial construction is proposed at the project site. Therefore, no impacts to public services are anticipated. 14. RECREATION — Would the project: • a) Increase the use of existing neighborhood and regional parks or ❑ ❑ ❑ other recreational facilities such that substantial physical CEQA Checklist 13 7102 15. File No.: CUP 04 -005 1 , Less Than • Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Incorporation deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the ❑ ❑ ❑ N construction or expansion of recreational facilities which have an adverse physical effect on the environment? The proposed project consists of a conditional use permit to locate seating in an existing take -out restaurant within an existing commercial building. The project site is already developed with commercial buildings and no additional construction is proposed. As such, the project will not create a significant impact upon recreational services. TRANSPORTATIONITRAFFIC - Would the project: ` a) Cause an increase in traffic which is substantial in relation to the ❑ ❑ ❑ N existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service ❑ ❑ ❑ N • standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an ❑ increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., ❑ sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ f) Result in inadequate parking capacity? g) . Conflict with adopted policies, plans or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks) ?' a ❑ ❑ N ❑ ❑ N ❑ ❑ N ❑ N ❑ ❑ ❑ N • CEQA Checklist 14 7/02 • ityl File No.: CUP 04 -005 Less Than Potentially Significant - Less Than Significant With Significant No Impact Mitigation Impact Impact Incorporation The proposed project consists of a conditional use permit to locate seating in an existing take -out restaurant within an existing commercial building. The project site is already developed with commercial buildings and no additional construction is proposed. Part of the conditional use permit process will include an analysis of the parking situation and a determination by staff on the adequacy of parking. As such, the impacts if any, are less than significant. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable ❑ ❑ ❑ Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater ❑ ❑ ❑ treatment facilities or expansion of existing facilities, the construction of which could cause 'significant environmental effects? c) Require or result in the construction of new storm water drainage ❑ ❑ ❑ facilities or expansion of.existing facilities, the construction of • which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from ❑ ❑ ❑ existing entitlements and resources, or are new or expanded In this determination, the City shall entitlements needed? making consider whether the project is subject to the water supply assessment requirements of Water Code Section 10910, et seq. (SB 610), and the requirements of Government Code Section 664737 (SB221). e) Result in a determination by the wastewater treatment provider ❑ ❑ ❑ which serves or may serve the project determined that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to ❑ ❑ ❑ accommodate the project's solid waste disposal needs? g) Comply with federal, state and local statues and regulations ❑ ❑ ❑ related to solid waste? The project site is already developed with a commercial building and no additional construction is proposed. additional commercial construction is proposed at the • The project site is surrounded by similar uses and no project site. As such, no adverse impacts are anticipated. CEQA Checklist - 15 7102 File No.: CUP 04 -005 - Less Than Potentially Significant 'Less Than - Significant With Significant No Impact Mltlgation Impact Impact Incorporation 17. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the ❑ ❑ ❑ environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminater a plant or animal' community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b Does the project have impacts that are individually limited, but, ❑ ❑ ❑ cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection' with the effects of past projects, the - effects of other current projects, and the effects of probable future projects)? \J c) Does the project have environmental effects which will cause ❑ ❑ ❑ ® • substantial adverse effects on human beings, either directly'. , or . indirectly? The proposed project consists of a conditional use permit to locate seating,in an existing take -out restaurant within an existing commercial building. The project site is,aiready developed with commercial buildings and no additional construction is proposed. The conditional use permit shall not result'in cumulative impacts to the surrounding neighborhood or limit the future development of the neighborhood. As such, no, adverse impacts are anticipated. CEQA Checklist 16 -7/02 w' • General Information 1. Applicant's Name: Cep •• ' fit. 'V _ Wlw' File No. [/t40 CITY OF ARCADIA 240 WEST HUNTINGTON DRIVE ARCADIA, CA 91007" VIRONMENTAL INFORMATION FORM 7A 2. Property Address (Location): 13(n W IZ S Tun0.S J'C VkrC tct - CR CI 1�0� Assessor's Number: -S-+89-021-nag! 51aw- 02-2'-004 3. Naagp1le, address and telephone number of person to be contacted concerning this project: r1r�___. Caav,fA Cn7r� ]_SH—R';k(,%A 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: • 5. Zone Classification: A RC 6. General Plan Designation: Project Description 7. Proposed use of site (project description): TA KL Nk Yal'\4- -to bQ 8. Site size: 9. Square footage per building: 10 L.V 10. Number of floors of construction: I 11. Amount of off - street parking provided:: Ito 12. Proposed scheduling of project: ft1T 11 CJ'QS Wii'tl 1-k dWUY 2AC� 13. Anticipated incremental development: 14. If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household sizes expected: 15. If commercial, indicate the type, i.e. neighborhood, city or regionally oriented, square footage of sales area, and loading facilities, hours of operation: I 1j/( F +Ix Iomfed iR m r&x ost S ?tJ Wi44i ( rAeatAl C_ ar[.ttr4es ort I�i3 0O 16. If inc 4:3o rAA . r- - Sa %:a0 s.OA'-o of '.0o P•+a. So c 3'06'& �a yment per shift, and loading facilities: 17. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: 18. If the project involves a variance, conditional use permit or zoning application, state this and indicate clearly why the application is r;equirell: Are the following items applicable to the project or its effects? Discuss below all items checked yes (attach additional sheets as necessary). YES NO 19. Change in existing features of any hills, or substantial alteratin of ground contours. ❑ 20. Change in scenic views or vistas from existing residential areas or publiclands or roads ❑ • 21. Change in pattern, scale or character of general area of project. ❑ 22. Significant amounts of solid waste or litter. ❑ d 23. Change in dust, ash, smoke, fumes or odors in vicinity. ❑ 24. Change in ground water quality or quantity, or alteration of existing drainage pattersn. ❑ 25. Substantial change in existing noise or vibration levels in the vicinity. ❑ 26. Is site on filled land or on any slopes of 10 percent or. more. ❑ 27. Use or disposal of potentially hazardous materials, such as toxic substances, flammable ❑ or explosives. YES NO 28. Substantial change in demand for municipal services (police, fire, water, sewage, etc.) ❑ E.I.R. 04/17/03 . Page 2 • 29. Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc. ❑ ❑ 0, 30. Relationship to a larger project or series of projects. 31. Storm water system discharges from areas for materials storage, vehicle or equipment ❑ fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage delivery or loading docks, or other outdoor work areas? 32. A significantly environmentally harmful increase in the flow rate or volume of storm water runoff? 33. A significantly environmentally harmful increase in erosion of the project site or surrounding ❑ areas? 34. Storm water discharges that would significantly impair the beneficial use of receiving waters ❑ or areas that provide water quality benefits (e.g. riparian corridors, wetlands, etc.)? ❑ 35. Hann to the biological integrity of drainage systems and water bodies? Environmental Setting • 36. Describe (on a separate sheet) the project site as it exists before the project, including information on topography, soil stability, plants and animals, any cultural, historical or scenic aspects, any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be accepted. 37. Describe (on a separate sheet) the surrounding properties, including information on plants, animals, any cultural, historical or scenic aspects. Indicate the type of land uses (residential, commercial, etc.), intensity of land use (one - family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set - backs, rear yards, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be accepted. Certification I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date S' ature E.I.R. / 03 04/17/03 Page 3 36 tie Bui lc (K5 Was $v; ti- In tgsS . �k¢ vsQ o f • s4e fris a 4cite osf+ as�aurahi, rt�t Food '(ka I S SeY�ed Zs �oY A SiT c�owh �QS'�urclN�� . cin Comes 40 to,+ a+ kiGrl +s' -(o (in�oY, -t- 9-ty !Meca( and 46,4- is wkY W( Wan' 4m c6n5¢ +kv Usq -6 a S74- dowh lace . T6 6uc ld, K9 w +e tr o, to t- +k AA TS ( Usa. �or a 8ogi shop. 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UlL G ye al The food here Is excellent' relle eheeiw But what made the LL 11__ 'You are correct; t have not used" saioMch was. the.::Mamtaiade 'syveev:onlon Steve COIIIIIS the'adjective excellent too.often: onlohs a griiled/i; -Uy When' Writing this column. But I'- sauteed to perfegtlon. Now it was WHO: CELESTE's KITCHEN feel,that I may do them a.disser- my turn to act fdte.s dog rblling Ilr�al. (Omelet House) virz'' by; not using N 'and this is the gtass:..l may just go broke if I . , WHAT: French style food only having lunch., r go back there everyday forlunclvw WHERE: 135 W. Ws Tunas 0,r, Oscar.uses ground sirloin Iii;, altemstIng betwssn the burger,,,. Arcadia . 6uMars. What., this mean ie; and. grilled chicken: and I halls` WHEN. Closed Mondays. " that you will' be geNng arc ex'i only been there once: and Tuesdays tremely. flavorful meat patty, � a When we arrived; three other 'and Wednesday — Saturday'', very 99nerous pally that Is van/:' tables "were . ecaipied: ,one_, 8 s m. to 9 pm. tenderand possibly completely fat; fellow was at the mtfnter getting a Closed 310 5 to sef up for dinner 'free:'Jtmmhy ordered k, and as, he :, . to=ga order,:.,Unfortunately, Sunday.B to 3:30 :ate he. had a look on. his faoe,. Celestes; is considered a fats'.: p . How Much: Lunch for two, -;, . ln�: like my dog gets when I. nib, food placa by the ABC, so no.' - " , about.$20 K:... h'�rbelly Just right For'the'restof! beef or wine. Celeste's was allow- the.'aRemoon he kept going• on; ing patron's to DMg' tlte'e own As' I wrNa' tfhia I am being, and on about how good it was..,;! . wine, and did not charge a cork - , threatened. 6y. • my mother., .asD�ty the meat especially;' age fee. One of the nearby estab 'Stephen; (notice the anger with '.'fhe nun. Okay; we get the Idea, Ilshments fingered Oscar to the': . her using my proper name wNh 'ph') "don't . tNe'edless to say, this would be my: ' droice for best.burger In the area,, ABC, •and now= lheoe is a stop (temporary, I hope) to'the Prato- emphas• ail the you dare write about them. I'll shoot. 'The' burger come with fries, and tics. . you N youdo ;.That threat doesn't ' boy did to At least two'of ldaho's' Oscar wants his customers. tarty any. welght because she best wound up on the plate: Big .to 4e pleased, but a.;beedwtne has beenthreatening to shoot me and thick cut. Jimmy poulddtfin- license is ,experisive. Needless to" since about theflhh grade, Leh. them, and passed them. on to; say,alf I want Italian food this sec•',. I must write. people need to . me- • I' have said in the past that I lion of Las Tunas will not be on ., know. Oscar Sierra Is the owner am not much of a fry guy...but t; my •list (to think I actually wrote' and chef and probably one of the' wlU certainly not claim that, with well of the other place).., nicest guys I have had the pleas - regards to the fries at Celedte's.. I .think what, you may notice ure to meet In recent years, and :' S 1 : had" Ahe gnlledr chicken • - first is how clean the restaurant is. his affable nature•is reflected in' sandwich", another excellent. Jim.and I noticed right away. It the young man that was our choice, I vacillated for a while tie- has. a' very intimate and comfort- . server this a8emoon. tween having half a sandwich and able atmosphere, perfect for dire, My mom has calmed down, coup c• salad. ' I don't think I ing. Jim and t looked over the and is going on and on about the would have been any less saes breakfast and dinner.menus-and place; maybe she should shoot tied if I•had gone that way umugh.' we defnitely' plan to be bads with me. 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N �' YY O .9 'E e° ��ry c .4 s 0 .120 V a dd y 45 �I � M rA 1 16 N� i k:9cz; p a °c �I k J 'J zzzzzz �' YY ✓ ��ry V u Cd U C r7 H m. c 45 �I � M rA 1 16 N� i k:9cz; p a °c �I k J 'J 0 u zzzzzz 0 u 0 0 .agp� c c wY F F � I W a V 9 m� � s V3 O ` w F � m y O F 0 J `I ICI �I o G � G \_ W z � z z � � g 0 .5 o x C ''�^ U, o r �I C3 i C O c � F C L- V7 E_ 0 OR 'S wo Em .S o' o b U o c q N_I v M FJ p 1 b b M O o o v d OR 'S wo Em .S o' o b U o c q N_I v M FJ p James Cole 8418 E. Santa Ynez St. San Gabriel, CA 91775 -2525 "626 - 285 -4753 June 20, 2004 City Council of Arcadia 240 West Huntington Drive Arcadia, CA 91066 574 -5444 ATTN: Joe Lambert, Associate Planner i lambert(aici. arcadi a. c a. us. RE: Application # CUP 2004 -005 and public hearing 6/22/2004 ADDRESS: the Restaurant known as Celeste's Kitchen located at 136 Las Tunas Drive, Arcadia Dear Mr. Lambert and Honorable City Council Members: �J We strongly support approval of the above application request. We ask that the Honorable City Council.members overrule the Planning Department's denial of the application and seek a compromise that will allow Oscar and Nancy Sierra to remain go in business and satisfy the strong demand among many area residents for their incomparable cuisine. The type of high end cuisine served by Celeste's Kitchen is not suitable for take out. Can you imagine ordering take out food at the Parkway Grill? I.certainly cannot. It needs to be enjoyed on the premises. Please see photos (# 1 and # 2)*, of salmon with garlic mashed potatoes, grilled tomatoes and yellow squash, topped with fried spinach finished with a lemon sauce; and the second plate being rack of lamb with garlic mashed potatoes, grilled yellow squash topped with fried spinach, •finished with a barbeque sauce. For the edification of the City Council members I have taken photographs* to illustrate the fact that there is no parkins shortase in the immediate vicinity of the two restaurants known as Celeste's Kitchen and the Pizza House. These photos were all taken between 7:15 and 7:20 pm on the Saturday night of June 1% 2004, presumably prime time for the restaurant business. At the C-& L Collision Center next door, photo (# 3) shows 6 unoccupied parkins; spaces available for restaurant customers at 7:15 pm Saturday night. In the rear parking lot behind the Pizza House photo (# 4) shows 4 unoccupied parkins spaces available for Pizza House customers at 7:20 pm Saturday night. • • Out of a total of 15 off street parking spaces available to the restaurants only 5 are occupied. On the street directly in front of the Pizza House photo (# 5) shows 1 unoccupied parking space available for restaurant customers. On the south side (restaurant side) of Las Tunas Drive, a total of 6 cars are parked out of a total of at least 12 street parking spaces within easy walking distance of the restaurants (please see photos # 6, 7, 8 & 9), again on Saturday night prime time. Across the street photo (# 10) shows that not one customer or restaurant worker parked on the north side of Las Tunas Drive. I thank the Honorable City Council members for your time and I hope you make a decision that is just and accommodates the best interests of all parties concerned. Sincerely, U CWGt-- James Cole LJ * The photos will be presented by me at the June 22 public hearing n U MARTIN R. BOLES 288 Arbolodo Drive Arcadia, CA 91006 June 14, 2004 City of Arcadia Planning Services 240 West Huntington Drive Arcadia, CA 91006 Attention: Joe Lambert, Associate Planner Rece,Ve® JUN 16 2004 Y De ivneew &W Re: Celeste's Kitchen Application for Conditional Use Permit for "Sit Down" Style Restaurant Dear Mr. Lambert, I support the appeal by Celeste's Kitchen of the denial of the application for a "conditional use permit" for a sit -down style restaurant.. The permit should be granted to Celeste's Kitchen. We have patronized this restaurant a half -dozen times in the last year or so. We have never found parking to be a problem whatsoever. Indeed, there is always ample parking. It is silly to suppose that this tiny little business could create a parking problem in our City. This can only be a case of "sour grapes" by a competitor restaurant. I am surprised that the government, which is supposed to operate for the benefit of the public good, would give in to the demands of private avarice. The decision to deny Celeste's permit demeans our City. Celeste's is simply one of the finest restaurants I have been to in Southern California, and that includes the "chic" restaurants of our former neighborhood of Oldtown Pasadena and the fancy dining where I work in Downtown. The food at Celeste's is exquisite and one of a kind. Try it, and you'll agree. Just as important, the couple who runs the restaurant, Oscar and Nancy Sierra, are lovely, hardworking people. They bring joy to all their patrons, who return their affection. Go there. You will see that this is no ordinary owner - patron relationship. There is something special here. Maybe that is what the competitor senses and is grumpy over; rather than lodging sham protests, he should make the effort to emulate it himself. Oscar and Nancy have come here from Guatemala and are living the American dream, starting their own business, and bringing • • • City of Arcadia Planning Services June 14, 2004 Page 2 something special to the lives of those of us who live in Arcadia. Please, don't squash that dream. Don't let a contrived "problem" take away this small jewel of our City. 181630-In . • • Sincerely, v' artin R. Boles Joe Lambert From: Nancy Curran [nbfundy @yahoo.com] • Sent: Thursday, June 10, 2004 3:41 PM To: jlambert@ci.arcadia.ca.us Subject: Celeste's Kitchen and parking Dear Mr. Lambert: My neighbor's introduced me to Celeste's'Kitchen six months ago. Until that time, I had had no idea we had a business that upgraded the blight that is Live Oak Avenue. - - There is no place else in Arcadia where you can sit down to have a meal similar to that of Old Town Pasadena or Myrtle street in Monrovia. This is a fairly new restaurant and does not have "atmosphere "' but does have excellent gourmet food. The owner's are Very friendly and make all welcome. In the months that I have enjoyed breakfast, lunch and dinner at Celestes, I have never run into a parking problem. I have friends that enjoyed Oscar's cooking when he was a Chef in San Marino and have followed him to Arcadia. I also know of couple's that come from Temple City, Altadena and Monrovia to sample his cooking. They,'in their turn, never had a problem with parking. It is my understanding that the Arcadia City Planning • Department found that there is insufficient parking for both Celeste's Kitchen and the Pizza house next door to it on Live Oak. I cannot believe that you would turn this excellent business into "take out" only! Arcadia is overflowing with pharmacies, Asian and Italian restaurants, nail parlors, etc. I would hate to see this restaurant lost to Arcadia and the business it now brings into the Live Oak area. Live Oak has been an eye sore for years, relieved only by the Live Oak Pharmacy, Thai restaurant, Ralph's, Chef's,.Savon, Rite Aide, Walgreen's, Coco's and Pet and Jungle. Finally we are improving this area with diverse business and we could lose it. I understand that the auto repair business next door to Celeste's Kitchen has offered their parking lot for the dinner hours. Since the Pizza house does not serve either breakfast or lunch, there should not be a parking issue. I would gladly walk to'Celeste's Kitchen to make sure that there was parking for other's that come from farther away. - Did you notice how many pharmacies are mentioned as already being in place on Live Oak in less than a quarter mile? We do not need another pharmacy, but we do need a business that would draw customer's to our community. If evening parking is such an issue, would • there be a way to pay the property owners where Pet and Jungle and the Tattoo Parlor exist, for the use of their lot at night? 1 Finally, I would suggest that the Planning Department as well as the City Council try a meal at Celeste's Kitchen to see why, after living' in this community nce 1951, that I am finally speaking up for one of 'sbusinesses. Sincerely, Nancy Curran (Durland) Do you Yahoo! ?" Friends. Fun. Try the all -new Yahool Messenger. http: / /messenger.yahoo.COM/ r� L. J • 2 Page 1 of 1 Joe Lambert From: Marj Rubinfeld [marjr56 @hotmail.com] Sent: Saturday, August 07, 2004 2:33 PM To: 11ambart @ci:arcad is. ca. u s Subject: Celeste's Kitchen Although I live in temple City, my husband and I frequently eat out in Arcadia; we were so pleased to recently discover Celeste's Kitchen and want to support their request for "incidental outdoor dining." The food preparation, service, and ambiance at this restaurant is definitely "" and provides a unique venue. We are hoping that you can accomodate Chef /Owner Oscar Sierra's needs so that he will be able to continue to operate close to our neighborhood! Express vourself instantl.,y with MR N — Messent;er!_Download today it's-FREE! 0 • 8/9/2004 June 9, 2004 To Whom it may concern, JUN 14 2004 ^rn at cervices . � � , =rrr�r Divismrc My husband and I were devastated to hear of the possible closing of our new neighborhood restaurant. We have enjoyed dining at Celeste's Kitchen on several occasions. As fellow Arcadia business owners we realize and appreciate the hard work and dedication Mr. and Mrs. Sierra have put into their restaurant in order to serve our community. They not only offer great food but a wane and friendly atmosphere. Every time we dine at Celeste Kitchen we see other neighbors and friends. We were sad to discover that a neighboring pizza parlor had complained about a parking problem. We • can honestly say we have never had a problem finding convenient parking. We would hate to see this establishment close it's doors. Please reconsider any plans you may have had in closing this wonderful restaurant. Dr. a d Jess L. Saenz 221 S. Ave Arcadia, CA 91006 . (626) 446 -8264 • RECEa „' ,'0 i 16 2 riplpAlUUIIy U-9PU::..:.9 '.riYL” "ion Y��2- a- �GK.ry.�'� �..i�, ��✓ O%Lc%Y(h..c'7 -'�cL ��ir 'L .'�zf:.•%- L,��c:��L't1' �c i-2-- v`"Lr�%Z�'1_.t�' d✓ L�l�r�+- "�K�4._.. � �'LZ��. ��,� -�� /z�`� -max_% i r- I L • June 9, 2004 To Whom it may concern, ,}gyp 14 2004 LnfAlOYflfly' G�J'IL, ,<T Division' As loyal patrons of Celeste's Kitchen my husband and I were angered when we heard that the pizza parlor was trying claim a problem with parking. We dine weekly at Celeste's kitchen and have never encountered a problem with parking. We would be greatly saddened to see this great establishment close. We enjoy the family atmosphere and service and the food is a dining pleasure. Celeste's Kitchen is a great location for South Arcadia residents who want to experience quality food and intimate dining without • having to travel outside our city. Please allow Celeste's Kitchen to continue serving our community. • ie Page 1 of 1 Joe Lambert From: Nancy Shapiro [ NANCYS @smtpgtwy.ausd.kl2.ca.us] • Sent: Thursday, June 10, 2004 1:37 PM To: jlambert@ci.arcadia.ca.us ` Subject: PARKING CRISIS It has come to my attention that the City of Arcadia has denied CELESTE'S KITCHEN a "conditional use permit" for a sit -down style restaurant. I have been dining at CELESTE'S KITCHEN about once a week almost since they opened. Not once have I found parking to be a problem. Today and last week I parked DIRECTLY IN FRONT of CELESTE'S KITCHEN. I have NEVER parked west of CELESTE'S KITCHEN, only directly in front, to the east, or in the parking lot of the auto shop who has actually come over to me when he saw that I had parked in the street and said we can park in his lot ANY TIME. This is a very small restaurant, with very few tables and I cannot imagine that there would be so many cars at this restaurant that would impact any parking along this stretch of Live Oak. If so, customers would be staying away ... instead of flocking to this restaurant the way they are. Instead of driving a small, family run, business out of the city of Arcadia, why not embrace such an enterprise and work to ensure that they do not have to lose their livelihood? How about a light with a cross walk so we can park on the other side'af the street safely? What about metered parking? • I would like to know the reasons for this denial and when the next meeting will be. Thank you • 6/14/2004 Joe Lambert Didier, David J [djdidier @cbbank.com] Wm t; Friday, June 11, 2004 9:17 AM To: 'jlambert@ci.arcadia.ca.us.' Subject: Celeste's Kitchen I am taken back by the decision of the City to, essentially, close our beloved new restaurant Celeste-s Kitchen. Why have you chosen to attack this fine restaurant? I am a 30 -year resident of south Arcadia and we have never had a "good" restaurant in any part of our neighborhood until Celestes came to us one year ago. The lack of parking is not their fault. Alex Di Peppe had no problem with the parking before Celeste. Now that they are being threatened by the new. restaurant, they have chosen to pull some strings with the City and have them closed down. They have made threats to Celestes that they would "get them ". Have they succeeded? -:I certainly hope not. we need this restaurant and we need the good young people who run it to succeed in our community. Oscar and Nancy have invested their lives in this new venture and their success appears to have cost them everything. This is America, a freedom loving country that should be inspired by the attitude and commitment of this young couple to bring fine food and a warm and friendly atmosphere to their business and our community. What can we do to save this business? These are good people who do not deserve to be persecuted for their success. We need Celestes to succeed and flourish. We don't need politicking and string pulling. we do not need our •mmunity to be embroiled in a controversy like this. I am pleased to put my name on this email so that you can respond to me. I am: David Didier 218 Longley Way Arcadia Phone: 446 -3412 Email: olsrfr ®hotmail.com djdidier ®cbbank.com I look forward to your reply. I know that I will not be the only one to step up and place my name on the side of these fine people. It is certain that Alex Di Peppe's will suffer from their actions in trying to remove Celestes. Dave Legal Disclaimer: The information transmitted may contain confidential material and is intended only for the person or entity to which it is addressed. Any review, retransmission, dissemination or other use of, or taking of any action by persons or entities other than the intended recipient is prohibited. If you are not the intended recipient, please delete the information from your system and contact the sender. r 1 I� 1 Page 1 of 1 Joe Lambert From: NAVYDAZE5787 @aol.com • Sent: ` Friday, June 11, 2004 12:37 PM To: jlambert@ci,arcadia.ca.us Subject: good family dining Sir. My family and I and many of our friends have dined at Celeste's Kitchen and the Italian restaurant next door and enjoyed the quiet family atmosphere. We have never experienced any more inconvience than having to walk to and from our cars. which never amounted to more that 100 feet. These types of restaurants are at a premium and everything that can be done should be to keep them. I believe that cooperation between all the businesses in this area is possible and will only benefit us the residents and patrons. also, remove unnecessary " Red Zones" this would create more usable spaces, Metered parking could also generate some City Revenue. Thank you for considering this issue A concerned customer • • 6/14/2004 CA J Page 1 of 1 Joe Lambert From: Rowley Call [rowley @u2haverights.comj Sent: Saturday, June 12, 2004 11:40 AM To: jlambert@ci.arcadia.ca.us. Subject: Celeste's Kitchen Dear Sirs, We had to write and let you know our feelings concerning the troubles Celeste's Kitchen has been having with the owners of DePeppe's Restaurant and the parking situation. It was so nice finely getting a restaurant with good quality food in our city. We find it shameful that DePeppe's would cause so much trouble. We have never had any trouble finding a place to park when dining at-Celeste's Kitchen. Even when we met with a party of 8 in 4 cars we were all in very comfortable walking distance from the, restaurant. This isn't so much a matter of parking as not accepting another restaurant in the area. It smacks of jealousy and the city should not allow one business to try to run another well run, good quality business out. We should be welcoming them to our city. I understand that Celeste's Kitchen's owner is trying to remedy the lack of parking by working with neighboring businesses. We just don't understand why the owner of DiPeppe's cannot accept the fact that he and Celeste's Kitchen will each benefit from the overflow of customers. The truth is, if you really look at it, they are running two very different types of restaurants and DePeppe's should •try to get along. All could be worked out very easily if DePeppe would act a little more maturely and if the city would realize what an asset Celeste's Kitchen is to this community. • Wake up City HallM We now have a treasure in our city, with the opening of Celeste's Kitchen. Don't blow it and take it away over someone's petty jealousy. Cordially, Rowley & Muriel Call 406 W Longden Ave Arcadia CA 91007 626- 447 -3357 6/14/2004 Page 1 of 1 Joe Lambert From: Arnoldduffer@aol.com • Sent: Saturday, June 12, 2004 5:37 PM To: jlambert@ci.arcadia.ca.us. Subject: Parking Problem have been going to the Celeste,s Kitichen for some time and have just been informed that they now have a parking problem with their neighbor which is an Italian rstr.next door .In all the times I,ve gone to Celeste,s both for lunch and dinner I have never had a parking problem.lt is a small restaurant with only about 8 -10 tables and I have never had a parking problem.This other restaurant is making a mountain out of a mole hill. There always seems to be ample parking and I think you would be doing an injustice to these people to make them use it for take -out only.They are not causing any problems and I firmly believe this other person just doesn,t want competition. If you want I could give you a list of at least 35,people who have been going to Celeste,s and have likewise have not had any problem parking.Would appreciate your taking this information under advisement and I would be more than willing to give you there names. Sincerely; Arnold Cohn P.S. a resident of Arcadia for 46 years.This is the most unfair practice I have heard of . • F_ 1 L 6/14/2004 • r 1 U U Page 1 of 1 Joe Lambert From: JErvin626 @aol.com Sent: Sunday, June 13, 2004 11:58 AM To: Jlambert@ci.arcadia.ca.us. Subject: Denial of CUP for Celeste's Kitchen What were you folks in Arcadia thinking? How could you let a business open and then. pull the rug right out from under them? Oscar and Nancy Sierra are humble people who, after years of struggling, have finally managed to achieve their dream of owning their own restaurant. They are being treated unfairly. The owner of the pizza parlor next door has convinced the City of Arcadia of his unfounded case, using specious arguements that should not have fooled experienced administrators. For the past year, I have travelled from my home in S. Pasadena, at least once a week, to enjoy the gourmet fare offered at Celeste's. If the powers that be at Arcadia City Hail are unable to satisfactorily resolve this situation, I will do everything I can to assist the Sierras in moving their business to South Pasadena. Please advise me of the appeals hearing. Thank you. Janet H. Ervin 647 Orange Grove Ave. #306 S. Pasadena, CA 91030 6/14/2004 Page 1 of 1 Joe Lambert From: ToReggie@aol.com • Sent: Wednesday, June 16, 2004 12:02 PM To: jlambert@ci.arcadia.ca.us Subject: Celeste's Kitchen City of Arcadia Planning Services. Attention: Joe Lambert, Associate Planner- Dear Sir: As a patron.of both the Pizza place and Celeste's Kitchen, I feel badly that even a thought of closing Celeste's has become an issue. We eat at both places when we wish, and have had NO problem with parking when going to either. We have very few good breakfast; places and the food at Celeste's is exceptional. As the other business in the area are willing to work with Celeste's on the parking, it seems the pizza place could do the same. Please do what you can to assist in keeping The Sierra's business where it is. The City has been trying to improve that area of town and Celeste's Kitchen certainly is a step in the right direction. Jean & Tom Naber To: Reggie @aol.com 6/16/2004 • • Joe Lambert WtIaibau@mindspring.com t: Tuesday, June 15, 2004 7:47 PM To: jlambert®ci.arcadia.ca.us Subject: Appeal Re: Celeste's Kitchen I'll try to be brief ... I know your time is valuable It's been about 5 months since we,discovered Celestes, our little "diamond in the rough" there on Las Tunas. We have invited and brought friends there for breakfast and dinner from as far away as Silverlake and Playa Del Rey. We dine there always on a Friday night, Saturday night, or Sunday morning. We have never experienced 'a problem in parking and all but once have parked in the auto - repair shop's lot next door, which all customers know is available to them.. I have never been an "activist ", but I really felt compelled to speak out on this issue. I think to even the most politically inexperienced person, there could only be one conclusion as to what is really going on here, and that is that the owners of the restaurant next door have taken the stand that this is their "watering hole" and no one else should be allowed to share it. Is this the business climate that Arcadia wants to project or allow certain merchants to dictate? I know that the city has building codes and that you must work within those parameters. But surely, there must be some solution that will allow Celeste's to remain, thus allowing fair competition in your city. Respectfully yours. 4bert Bauer semead, CA P.S. If I am way off the mark here, please explain why so that I may be a better informed citizen and voter. • 1 Page 1 of 1 Joe Lambert From: Karen JACOBSEN [ KJACOBSE @smtpgtwy.ausd.k12.ca.us] • Sent: Tuesday, June 15, 2004 4:50 PM To: jlambert@ci.arcedia.ca.us Subject: Celeste's Kitchen I am very troubled to learn that my favorite Arcadia restaurant may be closing due to inadequate parking. My family, friends and colleagues love Celestes- its dear gourmet chef, polite and friendly staff and incredible food. This is a wonderful family - owned restaurant, unique to the area, and delightful in every way. In the past It was necessary to go to Pasadena or Monrovia for a good dining experience: Since our first time at Celestes, we have been willing and able to keep our business in Arcadia. It has even become a favorite of my family's out-of-town guests. We have dined at Celeste's for breakfast, lunch, and dinner and parking has never been an issue. There aren't that many tables in the restaurant to make it a problem. If the city finds it necessary, couldn't you put a cross walk and metered parking across the street? Certainly there must be a way to work this out and allow us to keep Celeste's in the neighborhood. Before making a final decision, try Celestes. I find it hard to believe anyone who has eaten there would not fight to keep It therel - • 6/15/2004 • June 10, 2004 Dear City of Arcadia, I am writing in support of Celeste's Kitchen located at 136 W. Las Tunas Dr. in Arcadia. I work next door to Celeste at C & L Auto Body where I am the receptionist. I eat at Celeste's at least once a week and think the restaurant is fabulous! I have referred many people to help Oscar Sierra with his business. I was planning to have a senior luncheon there in this summer. I was very disappointed when I heard that you may not allow continuing dinning in the restaurant. I generally get take out, but occasionally have time to sit in the dinning room. I was told that the main concern is with parking. From where I sit I can look out the window and see the traffic directly in front of Celeste's. I want to state that in my opinion, there is absolutely no problem with the parking. People park along Las Tunas and just walk down to the restaurant. Lunch is mainly business people who get take out. At dinnertime when we close they can also use our parking lot. I think that your judgment is not fair. I keep hearing about • Arcadia wanting to improve the city and build business tax revenue. I do not understand why you make it so difficult for the small business owners to be successful. This is the only good restaurant in this whole area. We need to have some choices and if you are not into fast food or pizza you are really out of luck for about 1/s mile in any direction. I also feel that you are discriminating against the senior citizens who would greatly benefit from having such a nice healthy caf6 with in walking distance when the new senior housing complex opens on our block. Please take time to reconsider your decision. I would be glad to speak to whoever is making this ruling. As I have just stated, I look out the window at the parking from 8:45 am to 5:00 pm Monday through Friday and as we are closed Sat. and Sunday except for a few customers, I think my opinion counts for a whole lot. Please feel free to call me at 626 445 6630 during the above hours or stop and see me at C &L. Please reconsider, Janie Duncan • Page 1 of 1 Joe Lambert From: Rcwilcoxen @aol.com • Sent: Monday, June 14, 2004 8:11 PM To: jlambert@ci.arcadia.ca.us Subject: Celeste Kitchen Parking My wife and I eat at Celestes frequently, and we have not had any problems finding parking. If we want a parking challenge we go to Pasadena! Celeste Kitchen is a very popular local restaurant. It is our favorite place to eat. Please do not take punitive action against this vendor. Thank you, Rick Wilcoxen • 6/15/2004 Page 1 of 1 Joe Lambert • From: Helga Meyer [hmeyerl @juno.com] Sent: Monday, June 14, 2004 11:27 PM To: jlambert@ci.arcadia.ca.us Subject: Celeste's Kitchen • •1 To the City of Arcadia Planning Services My husband and I have dined at Celeste's Kitchen many times and have brought many people to share in the experience of the exquisite food. None of our guests have ever had any difficulties parking or infringed on the parking of the Pizza house. The businesses next door to the west of Celeste are more than willing to share their parking lots when they are closed on Sundays or after business hours. The Pizza House is not in danger of losing their parking, the restaurants are far enough apart to have sufficient parking spaces available. The Pizza House's complaints should not hinder the progress made in the neighborhood by having Celeste's Kitchen. Now that we have been blessed with such an establishment we surely don't want to see it go. We need a restaurant like Celeste's Kitchen, that provide wonderful gourmet foods. Sincerely Leroy and Helga Meyer Arcadia, CA 91006 6/15/2004 Joe Lambert From: Marti Griffin [MARTI @smtpgtwy.ausd.kl2.ca.us] • Sent: Monday, June 14, 2004 4:50 PM To: ]lambert@ci.arcadia.ca.us Subject: Re: Celeste's Kitchen I was dismayed to hear of the recent action by the City of Arcadia Planning Dept. re: the conditional use permit for the sit -down restaurant at Celeste's,Kitchen. Finally, Arcadia has a high quality eating establishment that belies the other cookie cutter eateries, and the city planning commission denies them the ability to make a living doing something sorely needed in this community. I go to this restaurant 2 -3 times a,week (sometimes for sit -down and sometimes for take- out). I have never had to park a long distance away and even if I had to;'it would not deter me from frequenting this fine establishment. If this city does decide to damage the ability of this family to make a' living, Twill, however, resolve myself to NOT frequent other Arcadia eating establishments and thus deny the city,of the tax money they get from my business. I will instead eat in neighboring cities like Temple City, San Gabriel, and Monrovia. That is how strongly I feel about this unfair decision. Having inconvenient parking is a way of life in other locations like the mall or in old Town Pasadena - - -why is this all of a sudden an issue for this fine family restaurant? r am also upset that you would listen to an obviously disgruntled neighbor who is apparently jealous of the success of this new restaurant. Please let me know the next step the planning commision will be taking on this matter and the date of any meeting.to discuss it. Thank you. r1 L_J • Joe Lambert • From: Jeannine Tillman[ Jtillman @smtpgtwy.ausd.k12.ce.usj Sent: Monday, June 14, 2004 4:15 PM To: jlambert@ci.arcedia.ca.us Subject: Celeste's Kitchen • • Page 1 of 1 To Whom It May Concern, .: Please do not make Celeste's Kitchen use a "conditional use penult ". There has never been a parking problem when we go there to eat. It Is such a nice getaway for those of us who work close by. We really enjoy going in and eating there. Please reconsider your decision. Thank you, Jeannine Tillman 6/14/2004 Joe Lambert From: Karen Wilcoxen [ KWILCOXEN @smtpgtwy.ausd.kl2.ca.us] • Sent: Monday, June 14, 20042:48 PM To: jlambert@ci.arcadia.ca.us Subject: Celeste's Kitchen Dear' Mr.. Lambert, I am writing this letter'to let you know of my concern that Celeste's Kitchen has been denied a conditional us e' permit for a sit down restaurant. I have been a customer of Celeste's for abouC a year. My friends and I have eaten there about once a week at various times - Sunday breakfast, weekday,lunches, weeknight dinners, Friday and Saturday night dinners - and none of us have ever had any difficulty finding parking. Even on Valentine's Day, one of the busiest Saturday nights of the year, we'did not have any difficulty finding street parking a few feet from the restaurant. This is a wonderful restaurant, with excellent food and service. It would be a crime to see them go out of business for such an invalid reason. If street parking is such an issue to the city, why not convert the red zone to the west into metered parking, rather than put Celeste's out of business? Thank you for listening to my concerns. Sincerely, Karen Wilcoxen • • 0 Dan A. Spencer. 16126 Youngwood Drive Whittier, California 90603 Mr. Joe Lambert - Associate Planner 240 West Huntington Drive City of Arcadia, CA 91066 Dear Mr. Lambert, RECEIVED JUN i h 2004 We had lunch at Celeste's Kitchen today. What a SHOCK to learn about the supposed "Parking Crisis ". My wife and I have eaten there for breakfast, lunch, and dingier, and never have we had a problem finding a place to park. Last Sunday we met our daughter, son -in -law and two grandchildren at Celeste's and none of us had a problem parking the three cars in the group. My wife mentioned that we have to walk mu& farther to eat at some of the places in Pasadena. • I believe that the people at the Pizza place next door are harassing their neighbors. The Pizza place serves entirely different food from Celeste's. Actually, I would expect the Pizza business to pick up because of another restaurant next door. Oscar, the chef/owner of Celeste's is an excellent chef. The items he offers show imagination, and there is a European flair to his food. Probably there will be an investigation from Joel Grover, the investigative reporter for NBC channel 4 News. He loves to get involved with, and expose great injustices which are being done. Please do not cause an honest, high quality business to shut their doors, and be robbed of the opportunity to serve us, the people. who want to continue being served there. Very sincerely yours, filz'i- � f G-� Dan A. Spencer • RECEIV -C AN 17 2004 Developpment"'. ..s Com=noyDeralap:! ;. uiviamn June 15, 2004 City of Arcadia Planning Services 240 W. Huntington Dr. Arcadia, CA 91006 Joe Lambert, Associate Planner It has come to my attention that Celestes Restaurant, 136 W. Las Tunas Dr, may lose it's location due to parking problems. This is very, sad news. We finally get a restaurant that serves excellent cuisine in South Arcadia, and then we are in danger of losing it. I eat there three to four times a month at different times, breakfast, lunch, or dinner. I have never had a problem of parking near the restaurant. I would • hate to lose a chef that was previously an outstanding chef at a San Marino restaurant. Try their food, if you haven't already. Thanks for your support aj L . Paul Ransom 5440 N. Cochin Ave Arcadia, CA 91006 0 Page 1 of 2 Joe Lambert • From: betsy caputo [lizziecap @altrionet.com] Sent: Thursday, June 17, 2004 12:42 PM To: jlambert@ci.arcadia.ca.us Subject: Celeste's Kitchen..Denial of conditional use permit City of Arcadia Planning Services 240 W Huntington Drive Arcadia, CA 91006 Attention: Joe Lambert, Associate Planner Dear Joe Lambert, It is with great dismay that we have learned about the denial of a conditional use permit for Celeste's Kitchen, as a result of a complaint from a neighboring Pizza Parlor. The said Pizza Parlor has existed several years with only street parking available. I believe its main business is during evening hours and weekends. Celeste's offers breakfast and lunch as well as dinners so there should be no competition for parking during the day. Also, the neighboring auto -body shop has given Celeste's permission to use their facilities during evening /weekend hours. • How fortunate we are to have in South Arcadia such a superb restaurant as Celestes, with a cuisine found only in the finest restaurants in West L.A. and perhaps Old Town Pasadena. We are very impressed with the proprietors, Nancy and Oscar, as well, who know and greet many of us by name. It is such a refreshing new business among the thrift shops, nail shops, pharmacies, Asian strip -mall businesses, which have absolutely bombarded us in recent years. We have lived in our home for 39 years and remember the vibrant Live Oak commercial district supporting Ralph's, a toy store, a bicycle shop, a fabric store, a bakery, a small pharmacy, a Hallmark store, a women's dress shop, to name a few. It's hard to comprehend that the strip -malls such as the old 99cent area on Baldwin and Duarte, the Asian- oriented shopping area on Golden West and Duarte, the small strip mall across from the Library, even the 99cent store area on Second and Duarte are legally zoned with the dearth of parking in each of these areas. It's time for the Arcadia Planning Commission to take a long and serious look at this new thriving Celeste's and promote them and welcome them to our community. If the area's parking availability is insufficient, perhaps you can help them and direct them to a better location. Very concerned Arcadians, • Pete and Betsy Caputo 114 W. Birch croft St. Arcadia, CA] 6/17/2004 Page 1 of 1 Joe Lambert • From: Rita Padilla [ rita.padilla @baldwinrealty.com] Sent: Friday, July 02, 2004 6:55 PM To: jlambert@ci.arcadia.ca.us Subject: Celeste's Kitchen Dear Mr. Lambert, It's too bad that Celeste's Kitchen may have to close due to lack of parking. Especially with the.large parking areas in the adjacent neighboring lots. If owner, Oscar Sierra were able to arrange parking with his neighbors could the city allow him better than the Take -out permit he currently holds? It's nice to enjoy his cuisine on the south side of Arcadia without having to deal with the traffic on Huntington Drive. Rita Padilla u 7/6/2004 Joe Lambert OT Mary Grecu [marelouise @earthlink.net] n T Sunday, June 27, 2004 3:20 PM To: jlambert@ci.arcadia.ca.us Subject: Celeste Kitchen Restaurant I have eaten at this great little restaurant many times with no problem finding a place to park. Please don't put them out of business. Why so many red painted curbs from the restaurant on down to the corner going west? Mary Grecu," a'satisfied customer r 1 LJ is 1 Page 1 of 1 Joe Lambert From: Diane Carlile [DIANE @smtpgtwy.ausd.kl2.ca.us] Sent: Thursday, June 24, 2004 5:01 PM To: jlambert@ci.arcadia.ca.us Subject: City of Arcadia Planning Planning Services for Arcadia City, This e -mail is written in support of allowing a continued permit for a sit down restaurant for Celeste's Kitchen. I have thoroughly enjoyed dining at Celeste's Kitchen since it opened. I have never had a parking problem and have parked on the street either in front of or just beyond the restaurant. This restaurant has delicious food and is the type of restaurant that is needed in Arcadia. Please reconsider your decision to limit the restaurant to a take out only facility. Thank you, Diane Carlile 6/24/2004 • 1] • Page 1 of 1 • Joe Lambert From: JULIA BOLES jjbolesl @verizon.net] Sent: Wednesday, June 23, 2004 3:46 PM To: jlambert@ci.arcadia.ca.us Subject: Celeste's Kitchen • • Dear Mr. Lambert, I am writing on behalf of Oscar Sierra, owner and chef of Celeste's Kitchen, on Las Tunas in Arcadia. Our family has had the pleasure of dining at Celeste's many times in the past 18 months for breakfast, lunch and dinner, and we have never, at any time, had any difficulty in parking in front of or very near the restaurant. Celeste's Kitchen is a unique dining experience combining a casual, welcoming atmosphere with top -notch cuisine at very affordable prices that we believe is very hard to find in the San Gabriel Valley. I urge you to try it yourself and you will understand what I mean. This is a special place and Oscar is a truly talented chef. Oscar is living the American dream, owning and operating his own restaurant, and we are the beneficiaries. It seems to me that Arcadia should be encouraging such entrepreneurial enterprises, not discouraging them with overburdsome regulations and questionable evidence by jealous competitors. Please, please do not rob Oscar of his dream and his living, and us, residents of Arcadia, of this fine eating establishment. Thank you very much for your attention to this matter. Sincerely, Julia Boles 6/23/2004 Page 1 of 1 Joe Lambert • From: Tina Rhodes [ Trhodes @smtpgtwy.ausd.kl2.ca.usj Sent: Tuesday, June 22, 2004 8:54 AM To: jlambert@ci.arcadia.ca.us Subject: Celeste's Kitchen Being a frequent visitor to Celeste's Kitchen.... I have never encountered an issue with parking' The Owners of the garage next door on several occasions have advised us to park in his area when,he saw us parking across the street. We did not mind parking across the street and walking. I feel it would be a great injustice to have this Cafe go away because of parking concerns... especially in this time of slow economic growth.. where small businesses should be supported by the city.. not discouraged. My suggestion would be for the city to convert the red zone to the west into metered parking. That would solve the issue.. be profitable for the city and keep both restaurants and their customers happy. Thank youth Loyal patron Tina Rhodes " Tina Rhodes M Credential Technician Arcadia U5D (626) 821 -8300 x6721 • 6/22/2004 Page 1 of 1 . Joe Lambert From: Virginia Crosby [VIRGIN IA@smtpgtwy.ausd.kl 2.ca.us] Sent: Tuesday, June 22, 2004 9:01 AM To: jlambert@ci.arcadia.ca.us Subject: Celeste's Kitchen is Dear Mr. Lambert, We finally have a small, cafe type restaurant in Arcadia serving excellent food, comparable to Julienne's in San Marino. Please do not deny Celeste's Kitchen a conditional use permit due to inadequate parking. Celeste's is a perfect spot for those of us who work in Arcadia to go for lunch and we have never had any problems finding a place to park. Thank you for your consideration. Virginia Crosby 6/22/2004 Joe Lambert From: Maria Lopez [ MLOPEZ @smtpgtwy.ausd.kl2.ca.us] • Sent: Tuesday, June 22, 2004 2:12 PM To:. jlambert@ci.arcadia.ca.us Subject: Celeste's Kitchen Dear Mr. Lambert, It has come to my attention that there is a possibility that Celeste's Kitchen might close due to parking limitations in that area. Celeste's Kitchen has been a great addition to the community. It provides quality food for reasonable prices. I have been there for breakfast, lunch and dinner and have not encountered parking problems. It seems to me that we need to look for a better solution'if the'problem does exist. Denying a conditional permit is not the appropriate answer. By doing so, you are not only denying the community the opportunity to have a great meal but also denying tax resources to the community you serve. I personally know people in Temple City, E1 Monte, Pasadena, Alta Loma and Fontana who come to eat at Celeste's Kitchen. Yes, that small restaurant brings business to the city of Arcadia. If you feel that there is insufficient parking for two sit down restaurants, why not look at the parking zone. Have you considered changing the red zone west of the restaurants? How about thinking of bringing more revenue to the city - metered parking? - The restaurant next door is only open for dinner and some of the other business in the area are closing around that time. ,In addition, Celeste's Kitchen is a very small restaurant This situation.does not seem to create a major parking problem. If you were to deny business permits due to parking problems, the mall would be closed because it is very difficult to find parking during the Holidays. Please, look.for asolution not a denial. into the large complex on.the same block - distance to a delicious'and healthy meal. Thank you for your time Maria E. Lopez Think of the senior citizens who will be moving` Celeste's Kitchen will be within walking 1 • Page 1 of 1 Joe Lambert From: Vlbblair @cs.com Sent: Monday, June 21, 2004 2:46 PM To: jlambert@ci.arcadia.ca.us Subject: Celeste's Restaurant Dear Mr. Lambert: On Sat., June 12th, I learned about the "parking crisis" at the location of the above - referenced restaurant. My family and I have been dining at Celeste's at least once a week ever since we discovered them approximately four months ago. We have never had a problem finding a parking spot. Usually we can park right in front, or just east of the driveway of the body shop directly east of the restaurant. As I was wondering why there are claims of inadequate parking, I took notes in subsequent trips there. Sat, June 12, about 6:00 P.M.: Celeste's was almost full. We parked about five car lengths east of the above - referenced driveway. When we left the restaurant, there was even more parking, including the body shop's parking lot which only had two cars in it. At that point, the restaurant was about half full. Wed., June 16, about 6:30 P.M.: Celeste's had two tables occupied upon our arrival. We had no trouble parking directly in front of the restaurant. Fri., June 18, about 9:00 P.M.: Celeste's was full. We parked approximately seven or eight car lenghts east of the above - referenced driveway. There were about three parking spots available in the body shop's parking lot. I was curious as to the restaurant next door. As you know, they have a very small parking lot behind their restaurant. There was only one car in that lot upon our arrival. I then walked into that restaurant to see how crowded it was. From the vantage point of the dine -in reception area, it appeared to be a good three - quarters full. There was still plenty of parking with both restaurants realtively full. Plus, as we dined at Celeste's, we noticed a constant stream of people coming and going from the other restaurant of people picking up food to go. I am curious as to how it was determined that there is a parking problem. This, of course, is just my anecdotal experience, but seems to be consistent with other Celeste's customers' experience. Please let me know what the rules for parking are. I am worried that the Sierras, who have worked extremely hard to have a successful business, are being unjustly dealt with. Please do not frivilously take away the business of a family that is working hard and honestly in an environment that doesn't seem to be friendly to them. They are trying hard to live the American dream and build an honest business in order to support their family. Thank you, Vickie Blair 2008 Cedar St., Apt. A Alhambra, CA 91801 (626) 293 -7071 6/22/2004 Page 1 of 1 Joe Lambert From: Rebecca Galonski [ REBECCA @smtpgtwy.ausd.k12.ca.us] Sent: Monday, June 21, 2004 1:35 PM To: JLAMBERT @CI.ARCADIA.CA.US Subject: Celeste's Kitchen My family and friends have dined at Celeste's Kitchen for a year; and have never encountered a problem with parking. We park usually in front or down a few spaces. If there is a concern about sufficient space for parking, the city should consider placing a street light/cross walk so one could park across the street as well; another solution might be to open the area to the west of restaurant and make It accessible to park. It would truly be a disservice to close such a fine restaurant. It appears the Issue Is not so much a parking problem, but perhaps more due to DIPepe's Italian restaurant wishing to secure the clientele for its own accord. M • 6/22/2004 Joe Lambert W. Ana Javier Oavierana @hotmail.comj Sent: Monday, June 21, 2004 10:19 AM To: jlambert@ci.arcadia.ca.us Subject: Celeste's Kitchen Conditional Use Permit June 21, 2004 City of Arcadia planning services 240 W. Huntington Drive Arcadia, CA 91066 Attention: Joe Lambert, Associate Planner Dear Sir: This is in reference to the denial of application for a Conditional Use Permit for Celeste's Kitchen. We are writing to appeal to the City Council to grant them the rights that they truly deserve. My family and I have been frequenting Celeste's Kitchen for the past few months now and have found their food preparations to be both healthy and nourishing, as well as reasonably priced. The service is excellent - far above and beyond standards. If you disallow them to operate as a sit -down restaurant, my family and I will not be able to enjoy our lunches and dinners as we immensely do now. There will be no place to hold family get- togethers and special occasions where we are treated with the best and utmost in customer service excellence with reasonably- priced healthy gourmet and that is essential to each member of our family. We believe that the restaurant next door has petitioned against Celeste's Kitchen operating as a sit -down restaurant for lack of parking space for their own guests. In fact, that pizza place has adequate parking space located behind their establishment. Celeste's Kitchen guests have.never parked in front of their restaurant or in their back parking lot. This is clearly an example of unfair and unethical business practices which the pizza place is doing to "boot out" the competition. It is in this light that we appeal, nay implore you on behalf of Celeste's Kitchen, to grant them the Conditional Use Permit to seat 68 guests with outdoor dining included and enough parking spaces to accommodate that same number of guests. Thank you for your kind understanding and immediate attention to this matter. Yours truly, Ana Javier Christine Chan Jane Chan Julie Chan MSN Movies - Trailers, showtimes, Dvu,s, and the latest news from Hollywood! http: / /movies.msn. click- url.com /go /onm00200509ave /direct /O1/ Page 1 of 1 Joe Lambert From: dorothy E [dorothye777 @yahoo.com] Sent: Monday, June 21, 2004 9:36 AM To: jlambert@ci.arcadia.ca.us Subject: CK Restauant This is one of the best restaurants in Arcadia. The parking has never been a problem because it is very close to the place. The fact that their permit is for takeout only should be changed, because take -out would require more spaces. The Pizza place next door has been there since the early40's and have never increased in size. We have residents that eat there quite often and never has there been any complients about the parking. This place is of high quality and is one of the best restaurants in Arcadia. Please do everything in your power to keep them there. I've lived in Arcadia since 1943, and seen lots of places go by -by. please don't let this place go. We are the owners and opetators•of Vista del Monte Mobile Park, in Monrovia..... Thank you Charles and Dorothy Ettensperger. Do you Yahoo!? Take Yahoo! Mail with you! Get it on your mobile phone. Is r1 U 6/22/2004 Richard Cosbey [rcosbey @altrionet.comj bent: Sunday, June 20, 2004 11:54 PM To: jlambert @ci.arcadia.ca.us Subject: re: Celeste's Kitchen Dear Mr. Lambert, My name is Richard L. Cosbey. My resident is 25 W. Naomi Ave.. My wife and I have lived in Arcadia for more than 56 years. Finally a first class restaurant has come to Arcadia and the city wants to close them down because of parking. Shame on Arcadia officials for sending tax dollars to another city. I know Monrovia, Sierra Madre, or Old Town Pasadena would welcome Celeste's Kitchen into their thriving cities. Finally we get a first class restaurant into the city and you want to boot them out. Oscar Sierra, owner, has fixed up an eye -sore building.into a quaint, cute restaurant with 5 star food. My wife and I frequently eat at Celeste's Kitchen and never have had a problem parking on the street in front of the restaurant. The Italian Restaurant next door has never opened their six parking spaces in the rear of their building until recently. The auto body shop next door to the east of Celeste has generously allowed Celeste customers to park in their establishment in the evening hours which are the only hours of business that compete with the Italian restaurant. My wife and I eat at both establishments. The restaurants are two entirely different types of food. America was built on small businesses and competition is healthy. Monrovia allows many different eating establishments into 0eir city and there doesn't seem to be a problem. Yet it is very fficult to find parking even though they have many public parking areas. Parking can be solved on Live Oak by removing the red zones by the wash. The city could even put in parking meters to control the parking in front of the two restaurants. Please reconsider and reevaluate the situation. Allow Celeste's Kitchen to remain in South Arcadia. Remember it is more tax dollars to the city. Thank you for reevaluating the situation. I can be reached at (626)445 -6672 in the evening or my cell # (626)233 -4541 during the day. Sincerely, Richard L. & Sharen E. Cosbey r 1 U Page 1 of 1 e Joe Lambert From: DTLT @aol.com Sent: Sunday, June 20, 2004 6:42 PM To: ilambert@ci.arcadia.ce.us. Subject: Celeste Kitchen I've been going to Celeste's Kitchen.for a year now and I have never had a problem with parking. This is a delightful restaurant with delicious food. Please find a way to keep this restaurant open. All the neighborhood loves it. Liz Thompson 626 446 7581 Arcadia. Phone me if you need to. 6/22/2004 • • Page l of 1 • Joe Lambert From: Robert Flaherty jrflaherty @fin- mail.comj Sent: Saturday, June 19, 2004 9:58 PM n L� To: jlambert@ci.arcadia.ca.us Subject: Celeste's Kitchen C.U.D. application Dear Mr. Lambert: We strongly urge you to support the application by Celeste's Kitchen for a conditional use permit for a sit -down restaurant on Las Tunas Drive in Arcadia. The alleged parking problem appears to be non - existent. My wife and I had dinner at Celeste's Kitchen tonight (7:00 PM on a Saturday night) and were able to park on Las Tunas less than 50 Yards from the restaurant's front door. We understand that the parking issue was raised by the Italian restaurant next door to Celeste's Kitchen. Certainly, this part of Las Tunas is big enough to allow two postage stamp size restaurants to be located next door to each other. We hope that you will not overlook the advantages that Celeste's Kitchen might bring to Arcadia. The quality of the food is simply outstanding. Left to compete freely, this restaurant could be a credit to Arcadia and to an area of Las Tunas that could use some help. Funky, but really good, restaurants like this can do a lot for a neighborhood and don't hurt tax revenues. It seems that the City of Arcadia is quite possibly being drawn into a situation that is nothing more than a competitive rivalry between two neighboring restaurants. That is surely a place where angels would fear to tread. We urge you to allow the customers to be the judge of whether either one or both of the competing restaurants should survive. Parldng is unlikely to determine the outcome. Thank you for your consideration of these thoughts. 6/22/2004 Robert T. Flaherty Joe Lambert From: Amelia's Flowers [ameliasflowers @earthlink.net] • Sent: Friday, June 18, 2004 11:42 AM To: jlambert@ci.arcadia.ca.us Subject: Parking Crisis at Celeste's Kitchen Dear Mr. Lambert: I was so excited to recently discover a new restaurant in my neighborhood that served delicious food in a friendly , quaint atmosphere. After moving back home from La Jolla a few,years ago, I had been searching for a unique restaurant that served excellent food. There seemed to be very little to choose from in the area of Arcadia and-Temple City, and we usually had to travel to the Pasadena area to dine out. Most of our local eateries are either chain restaurants, fast food stands, or the ever familiar Asian restaurants. Discovering Celeste's Kitchen was like finding a treasure. In getting to know the owners, Oscar and Nancy Sierra, I learned that they are facing problems with insufficient parking, and are working with the City of Arcadia to rectify this. Please, Mr. Lambert, try to,figure a way that adequate parking can be provided for the two restaurants that are neighbors on Las Tunas. They are both assets to the community and a parking solution needs to be found. It is`'so sad to see our retail area of Live Oak in Arcadia becoming predominantly thrift stores and pawn shops and Las Tunas in Temple City is overrun with Bridal Shops and Photographers and Nail shops. I ask that you and the Arcadia Planning Department work out a way to provide public parking for this area. Please support the small businesses that are in your city so that they can provide services to your citizens. sincerely, Amelia Cunningham 0 Page 1 of 1 • Joe Lambert From: Mkmigliaccio @aol.com Sent: Thursday, June 17, 2004 11:33 AM 0 To: jlambert@ci.arcadia.ca.us Subject: (no subject) Mr. Lambert My husband and I have dined at Celeste's Kitchen on average of once per week for six months. We have never had trouble finding parking hear and in fact we live close enough to walk to the restaurant if we chose to do so. We have had breakfast, lunch and dinner there at different occasions. We especially appreciate having breakfast at a restaurant that serves unique and delicious food instead of the usual Coca's or Marie Callender type of food. Arcadia needs restaurants of the caliber of CK that we have enjoyed in other cities such as Monrovia, Pasadena and San Diego. Small restaurants that serve clean, tasty foods that aren't the usual cookie cutter foods that are found at chain restaurants. My husband and I ate dinner at CK last night and we were the only couple there, yet all the parking spaces at the curb were taken by the Italian restaurant next door. What gives them the right to all the public parking places? All business deserve the right to survive. I know that once the senior complex is completed, the people who live there will appreciate a place to eat that is wonderful as CK and they would not even have to move their car from their parking space. Wouldn't it be a shame if a wonderful restaurant didn't survive long enough to serve them. 1 would not object to the red zone to the West be converted in metered parking if that would help CK stay in business. There are also a lot of land in back of the businesses that look like junk yards. I don't know who that land belongs to but it would be a good step towards cleaning up Arcadia to clean up that property and putting it to better use. Thank you, Terry and Mary Migliaccio 249 W Woodruff Avenue Arcadia, CA. 91007 (626) 446 -8079 6/17/2004 In support of this appeal Celeste's Kitchen Inc. offers the following proposal which will immediately take place: 1. That Celeste's will be open for take -out breakfast and lunch only, Monday through Friday from 8:00 AM to 3:00 PM. 2. That Celeste's will be ,open for inside, sit down, dining for 40 patrons, from 5:00 PM to 9:30 PM, Monday.through Friday. 3. That there will not be any outside seating at any time. 4. That on Saturday and Sunday, Celeste's . will be open for sit down breakfast, lunch and dinner from 8:00 AM to 9:30 PM. 5. That sufficient parking will be made available to Celeste's customers from parking lots of adjoining property and business owners after their business hours, as follows: (a) C & L Auto Body, 132 Las Tunas Drive after 5:00 PM every week day when they are closed and all day Saturday and Sunday, when they are closed. (See their letter attached hereto.) (b) Property Owners Patty Fong and Ming Fong and Cenco Auto Body at 124 W. Las Tunas Drive after 5:00 PM every week day, when they are closed, and all day Saturday and Sunday when they are closed. (See their letter attached hereto.) 0 • 40 RECEIVED 3UM 3 0 T0: Arcadia City Council Dovolopmont Services Ccanmuniry Davelopmem Droietoo 240 W. Huntington Drive Arcadia, CA 91066 Re: Appeal of Celeste's Kitchen- Inc: from the adoption by the 'City Planning Commission of Resolution No. 1707 Denying the Conditional Use Permit 2004 -005 which would allow seating at existing take -out food establishment (Celeste's - ". Kitchen) accommodating " 68 Patrons including incidental outdoor dining at 136 Las Tunas Drive. In support of this appeal Celeste's Kitchen Inc. offers the following proposal which will immediately take place: 1. That Celeste's will be open for take -out breakfast and lunch only, Monday through Friday from 8:00 AM to 3:00 PM. 2. That Celeste's will be ,open for inside, sit down, dining for 40 patrons, from 5:00 PM to 9:30 PM, Monday.through Friday. 3. That there will not be any outside seating at any time. 4. That on Saturday and Sunday, Celeste's . will be open for sit down breakfast, lunch and dinner from 8:00 AM to 9:30 PM. 5. That sufficient parking will be made available to Celeste's customers from parking lots of adjoining property and business owners after their business hours, as follows: (a) C & L Auto Body, 132 Las Tunas Drive after 5:00 PM every week day when they are closed and all day Saturday and Sunday, when they are closed. (See their letter attached hereto.) (b) Property Owners Patty Fong and Ming Fong and Cenco Auto Body at 124 W. Las Tunas Drive after 5:00 PM every week day, when they are closed, and all day Saturday and Sunday when they are closed. (See their letter attached hereto.) 0 • 40 1 • (c) Pet and Jungle Shop, 124 W. Las Tunas Drive, every day of the week including Saturday and Sunday after 6:00 PM when they are closed. (See their letter attached hereto.) Celeste's Kitchen has a growing reputation as the restaurant in the City of Arcadia that provides a unique cuisine not otherwise available in the City or the San Gabriel Valley. Celeste's is anxious to be able to continue to provide this service to the City. Celeste's Kitchen Inc. respectfully urges that the City Council grant their Appeal and permit their continued operation as proposed herein. Dated:June 30, 2004 • ED Celeste's Kitchen Inc. Oscar Sierra 01 Ob /23 ;2004 16:09 5263003706 QUAN COHEN H1kAN0 C & L AUTO BODY 132 Las Tunas Dr. Arcadia, CA 91007 Tel. (626) 445 -6630 Fax (626) 447 -2961 E -mail: clautobody @aol.com June 29, 2004 To Whom It May Concern: PAGE 0 The management of C & L Auto Body will extend the use of our parking lot to Celeste's Kitchen during the evening hours after S P.M. every week day when we are closed and all day on weekends. We have been next door to Celeste's Kitchen for over a year now and do not find parking to be a problem as most'of its business oc,;urs when we are closed. We sincerely hope the City of Arcadia will accept a compromise and allow Celeste's Kitchen to remain open to serve the community. E SANDRA RENTSCHLER President • ✓��1�ht � �/i114 L o7�/Qrt .` y ,�/v -a9 P�L 7' �re� �iu.fito2�zE �'efes7e a /����h y o7' d. trr�n�K - � �/ lo2sf �< L %un*s -P2 . Praee r Coa5 /�5: / j"q �Qn 5 eGNCD A"lo 60 fl U1bi'_11;'1UU4. 1b:" bGb:;JUJ /db UUAN 1.UMt'l HItIAvU rAue Ui A PET AND JUNGLE SHOP 124 W. LAS TUNAS DRIVE ARCADIA;'CA 91007 (626) 447 -5974 OR (626) 447 -0579 To Whom It May Concern: This is to inform you that we at the.Pet and Jungle Shop in cooperation with our Landlord Mr. Ming Pong owner of Cenco Auto Body have decided to allow patrons of Celeste's Kitchen to use our parking loft every week day and weekends after 6 P.M. when we are closed. Thank you for your consideration, Sincerely, D.B. DANA, Owner F-1 L I • v RECEIVE JUN 0 3 2M4 OoValopmenl 5prylcea Community pamlaymuunt Dimion JVVKi✓_ —d fir/ ,�/�1/vt�, �/ / O O C� L� Page 1 of 1 Joe Lambert From: DebRadwan @aol.com Sent: Sunday, May 30, 2004 7:24 PM To: jlambert@ci.arcadia.ca.us Subject: Celeste's Kitchen I am sending this to request that Celeste's Kitchen be given the permit needed to designate it as a dine -in facility. When a wonderful establishment moves into town, we should be doing everything we can to keep these businesses here and florishing. Let's help these businesses so that Old Town Pasadena isn't the only place to go for a hip meal. Thank you for your consideration. 0 6/1/2004 Page 1 of 1 • Joe Lambert From: Heaven003 @aol.com Sent: Sunday, May 30, 2004 10:12 AM To: jlembert@ci.arcadia.ca.us Subject: celestes's kitchen permit as a citizen of arcadia i am completely endorsing of'celeste's kitchen' being permitted as a dine in restaurant. the restaurant is a perfect addition to the east las tunas business district which is very much in need of new and exciting businesses to breathe life into the area. in just a short time celeste's kitchen has developed a great following of customers and it is no wonder, given the sensational french food being offered. the owner and his wife are a simple couple wanting to run a peaceable business in a beautiful community of families and we should offer them that opportunity. thank you. 6/1/2004 Page 1 of 1 . Joe Lambert • From: jack [kweleba06@earthllnk.net] Sent: Sunday, May 30, 2004 9:15 AM To: jlambert@ci.arcadia.ca.us Subject: Conditional Use permit, 136 Las Tunas Good. Morning Mr. Lambert, I am writing to let you know that my husband and l are both very much in favor of approving the Conditional Use Permit to allow seating as stated'at Celestes Kitchen, on las Tunas, in Arcadia: I have been there several times now and I can atest to the fact that the owner /chef Oscar Sierra is a delightful man, an accomplised chef and an asset to the area. He and his wife work very hard to make the dining experience enjoyable, and his gourmet cuisine with a French flair is definately the kind of meal you enjoy while seated in his restaurant.! It's very , nice to have a "high end" menu such as he offers right in our own area. Many folks believe you need to go out of Arcadia for such a dinner, but hopefully people will soon see that delicious food is available right here in Arcadia.. If you haven't tried it, I highly recommend it, you will see how Celeste's Kithcen should definately be considered a dine in restaurant, not a,fast food or take -out establishment. ( I recommend the fabuous beef tenderloin!) Thank you so much! Sincerely, Kim and Jack Weleba • 2655 mayflower Ave Arcadia 6/1/2004 June S, 2004 From: Sandbya Ray, Director Wonder Years Montessori School 141 W. Las Tunas Dr Arcadia 91007 To: Arcadia Planning Commission Sub: Traffic Hazard Mitigation Request Ref: Opening of Restaurant across our premise. Dear Planning Commission, Though I welcome business in our community, I think you should look into traffic safety issue before granting unrestricted license. Our concern is traffic safety. Recently we have seen increased parking on our side of the street on either side of the school. Our school has • about 50 -60 students, along with the staff the number is more. The parents come and drop off their kids up everyday — they need to come in and get out of the parking lot safely. When cars are continuously parked on our sideof the street, the parents and visitors cannot clearly see the oncoming traffic- that creates a safety risk all the time. With about 150 daily incidents of driving in and out - the issue of turning visibility is of paramount importance for the safety of our children, parents, staff and visitors. So my request is to ask you to provide red curbing on either side of the school premises — so that the visibility during driving in and out of the school is not compromised. Thank you. I shall appreciate if you take care of our concern. Sincerely S dby �RSIy Director Wonder Years Montessori School • 141 W. Las Tunas Dr Arcadia, Ca 91007 James and Jennifer Cole 8418 E. Santa Ynez St. San Gabriel, CA 91775 -2525 626- 285 -4753 June 6, 2604 City of Arcadia Planning Services 240 West Huntington Drive Arcadia, CA 91066 574 -5444 ATTN: Joe Lambert, Associate Planner i lamber(Q.ci.arcadia.ca.us. RE: Application # CUP 2004 -005 and public hearing 6/08/2004 ADDRESS: the Restaurant known as Celeste's Kitchen located at 136 Las Tunas Drive, Arcadia Dear Mr. Lambert: We strongly support approval of the above application request.. Everyone knows the restaurant business is the hardest business in the world to go into. Restaurants come and go, start up and are out of business within a year or less: Oscar and Nancy Sierra have put their hearts, their souls and their talent into this small restaurant and they are succeeding. Oscar Sierra started this business by working 7 days a week by working from 7 in the morning until 9 at night. Not, only is his wife by his side, she is working 2 full time jobs. She is working a full time.job away from the restaurant to keep this business going.and then coming from that job to the restaurant and working another full time job. Oscar Sierra takes pride in his food, takes pride in his restaurant and it shows. You can put his quality of food up against any upscale restaurant in this city. This is why he is succeeding. And he deserves every bit of his success. The Italian restaurant next door has stood alone for many years. Now the owner there seems to feel he can't stand the competition. He is using any government agency and any form of harassment that he can get away with to try to put the Sierras out of business, because of his petty jealousy, pure and simple. He has been harassing the Sierras from day one, and many of the Sierra's customers are aware of it now. I have never eaten at the Italian restaurant next door, and now I have no desire ever to set foot in that restaurant. I am a loyal patron of Celeste's Kitchen. The Sierras are sweet people, honest hard working legal immigrants trying to achieve the American dream. We need a restaurant like theirs in the City of Arcadia. Jealous obstructionists need to get out of the way. If the neighbors cannot stand the heat of competition, they should get out of the proverbial kitchen. a Sincerely, C�( James & Jennifer Cole • • • DEVELOPMENT SERVICES DEPARTMENT Community Development Division / Planning Services Joe Lambert, Associate Planner ECEIVE�B Date Received for Filing �� n By Los Angeles County: A V 8 2004 (County Clerk Stamp Here) DOVt;i7.g97Ci id 1;;`252;: DM41AUej1'r i O ' Joe Lambert R From: SANDRA RENTSCHLER [sandramirian @hotmail.com] • Sent: Monday, June 07, 2004 5:57 PM To: jlambert@ci.arcadia.ca.us Subject: Celeste's Kitchen- Conditional Use permit Application # CUP 04 -005 I am one of the owners of C & L Auto Body as well as the property owner at the location in question. I would like to ask the city of Arcadia to approve this permit based on our experience at this location. Celeste's has been here a little over a year now and we have not had any significant impact on the parking situation. The parking in front of both our businesses has been adecuate for both of our needs. Celeste's is closed on Monday and Tuesdays.. We are open Monday thru Friday from 9:OOA.M to 6:00 P.M. on Saturdays we are only open from Sam -12Pm and closed on Sunday. The bulk of the restaurant business happens when we are closed.- The nature of our business does not require the use of all of our parking as reqired by the city. Most of our business comes in on the Live Oak entrance on,a tow truck. The owners of the vehicles then come in to our office to sign authorizations and are picked up by either a relative or a rental car company. Most of our estimating happens in the rear ( Live Oak side). The front parking lot is used mostly for vehicle pick -up and the occasional estimate on smaller damage. We rarely have more than one or two customers picking up vehicles at a time. We do not allow our employees to park on the property. Employee and management parking is street parking on the Live Oak side only. Both the restaurants on the property are small and DiPeppe's is only open from Tuesday to Saturday for dinner so they are only open at the time when we are closing or closed. We close at 6:00 P.M when most of their business starts. Also I believe that when the senior housing project is completed both restaurants will gain a lot of walk -in traffic. These restaurants will be a great asset for our seniors who may not be able to or want to drive but want to eat somewhere healthy. Please feel free to contact me if you have any other questions. Sincerely, - Sandra Rentschler MSN Toolbar provides one -click access to Hotmail from any Web page - FREE download! http: / /toolbar.man. click - url.com /go /onm00200413ave /direct /01/ is Date: September 7, 2004 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: STEPHEN P. DEITSCH, CITY ATTORNEY SUBJECT: ORDINANCE NO. 2197 PERTAINING TO THE COMPOSITION OF THE BUSINESS PERMIT AND LICENSE REVIEW BOARD AND THE HOME OCCUPATION BOARD BACKGROUD From time to time, the City Attorney and City staff review the City's ordinances to determine whether the composition of various City boards comprised of City staff is appropriate for the City's current needs and objectives.. In conducting such a • review, the City Attorney and City staff have determined that it is appropriate to recommend new membership for two (2) boards comprised of City staff: (1) the Home Occupation Board and (2) the Business Permit and License Review Board. The Home Occupation Board hears appeals from the joint decision of the Development Services and Fire Departments regarding issuance or revocation of home occupation permits. The Business Permit and License Review Board hears appeals from the decision of the City's License Officer concerning issuance I or revocation of business licenses including, without limitation, adult business licenses. The Home Occupation Board is currently comprised of (1) the Chief Building Official or his designated deputy, (2) the Finance Director or his designated deputy and (3) the City Manager or his designated deputy. It is recommended that the composition of the Home Occupation Board be changed to (1) the Chief of Police or his/her designee deputy, (2) the Administrative Services Director or his/her designee and (3) the Public Works Services Director or his/her designee. It is also recommended that the Chairperson of the Home Occupation Board be the Administrative Services Director or his/her designee, and that the Development • Services Director or his/her designee serve as the Secretary to the Home 1 LASER IMAGED Z.b Z7i -f --r 3to Occupation Board, in lieu of the Chief Building Official, as currently set forth in the Arcadia Municipal Code. The Business Permit and License Review Board is currently comprised of (1) the City Manager or his/her designee, (2) the Development Services Director or his/her designee and (3) the Administrative Services Director or his/her designee. It is recommended that the composition be changed to (1) the Fire Chief or his/her designee, (2) the Public Works Services Director or his/her designee, and (3) the Administrative Services Director or his/her designee. In addition, it is recommended' that the Chairperson of the Business Permit and License Review Board be the Administrative Services Director or his/her designee and that the Development Services Director or his/her designee shall serve as the Secretary to the Board. These changes are'.recommended.in order bring the membership of each Board more in line with the goals and objectives of each Board's responsibilities. Furthermore, the City Attorney and City staff believe that changing the composition of each Board will better enable the City Manager to oversee the • manner in which each Board fulfills its responsibilities, as well as oversee the City 's activities which may lead to appeals to each of the Boards, without having to then rule upon appeals as a member of each Board. ` FISCAL IMPACT The adoption of the proposed Ordinance will have no material fiscal impact upon the City. ENVIRONMENTAL IMPACT This is not a project pursuant to the California Environmental Quality Act and, thus, no environmental analysis is required. C� 2 RECOMMENDATION That the City Council introduce Ordinance No. 2197 pertaining to the composition of the Business Permit and License Review Board and the Home Occupation Board. CONCUR: wJ William R. Kelly City Manager Attachment: Ordinance No. 2197 0 0 3