HomeMy WebLinkAboutJanuary 20, 2009CITY OF ARCADIA
CITY COUNCIL /REDEVELOPMENT AGENCY
e REGULAR MEETING
TUESDAY, JANUARY 20, 2009
AGENDA
6:00 p.m.
Location: City Council Chamber Conference Room, 240 W. Huntington Drive
CALL TO ORDER
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
Robert Harbicht, Mayor /Agency Chair
John Wuo, Mayor Pro Tem /Agency Vice Chair
Peter Amundson, Council /Agency Member
Roger Chandler, Council /Agency Member
Gary Kovacic, Council /Agency Member
CLOSED SESSION /STUDY SESSION PUBLIC COMMENTS (5 minutes per person)
Any person wishing to address the City Council /Redevelopment Agency during the Public
Comments period is asked to complete a "Public Comments' card available in the Council
Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary
prior to the start of the Closed Session /Study Session.
In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All
comments are to be directed to the City Council /Redevelopment Agency and we ask that proper
decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment
Agency from discussing topics or issues unless they appear on the posted Agenda.
CLOSED SESSION
a. Pursuant to Government Code Section 54956.9(b)(1) to confer with legal counsel
regarding potential litigation —one (1) case.
STUDY SESSION
a. Report, discussion and direction regarding the proposed Museum Education
Center.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for
public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours.
7:00 p.m., City Council Chamber
RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING TO OPEN SESSION
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
Sara Somogyi, Director of Recreation and Community Services
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
Amundson, Chandler, Kovacic, Wuo and Harbicht
REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON CLOSED SESSION /SSTUDY
SESSION ITEMS
SUPPLEMENTAL INFORMATION FROM CITY MANAGER /EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE
THE READING IN FULL
PUBLIC HEARING
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 any Public
Hearing item on this agenda, 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.
CITY COUNCIL ITEMS:
Appeal of Planning Commission denial of Conditional Use Permit No. 08 -05 and
the related parking modification to allow an existing 2.390 square -foot cafe and
yogurt shop to add seating for 18 patrons at 643 West Duarte Road.
Recommended Action: Approve
PUBLIC COMMENTS (5 minutes per person)
Any person wishing to address the City Council /Redevelopment Agency during the Public
Comments period is asked to complete a "Public Comments" card available in the Council
Chamber Lobby. The completed form should be submitted to the City Clerk/Agency Secretary
prior to the start of the 7:00 p.m. Open Session.
In order to conduct a timely meeting, there will be a five (5) minute time limit per person. All
comments are to be directed to the City Council /Redevelopment Agency and we ask that proper
decorum be practiced during the meeting. State law prohibits the City Council /Redevelopment
Agency from discussing topics or issues unless they appear on the posted Agenda.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for
public inspection in the City Clerk's office located at 240 W Huntington Drive, Arcadia, California, during normal business hours.
REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK
2. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and can be acted on
by one roll call vote. There will be no separate discussion of these items unless members of the
City Council /Redevelopment Agency requests a specific item be removed from the Consent
Calendar for separate action.
REDEVELOPMENT AGENCY ITEMS:
Approve the Regular Meeting Minutes of January 6, 2009.
Recommended Action: Approve
CITY COUNCIL ITEMS:
b. Approve the Regular Meeting Minutes of January 6. 2009.
Recommended Action: Approve
C. Authorize the City Manager to execute a Professional Services Agreement
Recommended Action: Approve
Q
e.
Pipeline.
Recommended Action: Approve
Recommended Action: Approve
Award a purchase order to Creative Bus Sales Inc. for Arcadia Transit purchase
Recommended Action: Approve
Authorize the City Manager to establish the hourly compensation rate for
Reserve Officer Level II at PT21.
Recommended Action: Approve
3. CITY MANAGER/EXECUTIVE DIRECTOR ITEMS:
a. Approve an Alcohol Policy for the Ruth and Charles Gilb Arcadia Historical
Museum.
Recommended Action: Approve
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for
public inspection in the City Clerk's office located at 240 W Huntington Drive, Arcadia, California, during normal business hours.
Recommended Action: Approve
b. Presentation of the Joint Use Gymnasium Design at Dana Middle School.
Recommended Action: Receive and file
C.
$36.000 from the Redevelopment Agency's unprogrammed reserves.
Recommended Action: Approve
d. Authorize a budget allocation of $76.000 from the Redevelopment Agency's
Unprogrammed Reserves to make payments to school districts under Assembly
Bill 1389.
Recommended Action: Approve
ADJOURNMENT
The City Council /Redevelopment Agency will adjourn this meeting in memory of Hal Libby to
Tuesday, February 3, 2009, 5:30 p.m. in the City Council Chamber Conference Room located at
240 W. Huntington Drive, Arcadia.
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related modification
or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such
modification or accommodation from the City Clerk at (626) 574 -5455. Notification 48 hours prior to the meeting will
enable the City to make reasonable arrangements to assure accessibility to the meeting.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for
public inspection in the City Clerk's office located at 240 W. Huntington Drive, Arcadia, California, during normal business hours.
t �
STAFF REPORT
Library and Museum Services Department
January 20, 2009
TO: Mayor and City Council
FROM: Carolyn Garner - Reagan, Director of Library and Museum Services
SUBJECT: Proposed Museum Education Center
Recommendation: Provide conceptual approval and direction
SUMMARY
The Major Gift Committee of the Arcadia Historical Society is proposing to raise funds for a
Museum Education Center to be built on the existing shuffleboards courts between the Ruth
and Charles Gilb Arcadia Historical Museum and the Community Center. The City Council
needs to approve this concept for the project to proceed.
DISCUSSION
The Major Gift Committee of the Arcadia Historical Society is proposing to raise funds for a
Museum Education Center to be built on the existing shuffleboards courts between the Ruth
and Charles Gilb Arcadia Historical Museum and the Community Center. The Historical
Museum Commission considered this project at their January 7, 2009 meeting and while they
did not formally take action to approve it, they support the concept.
When this building was first conceived in 2006 as a space for exhibits, much needed artifact
storage space and programs, the City Manager hired an architect to create a conceptual
design. The concept proposed a building of basically one large room of 864 square feet with a
storage area and would include a patio of about 40 square feet. Since that time, the need for
additional exhibit space has lessened with the reconfiguration of the existing Museum gallery.
The need for storage space has been somewhat reduced since some oversized items from the
Museum's collection are now being housed at the City's self- storage building on Huntington
Drive.
However, the need for a larger and more flexible classroom and meeting space has continued
to grow as the programs of the Museum have developed and attendance has significantly
increased. Museum programs, including the Brown Bag lunch talks and family programs, have
had an enthusiastic reception from the community. It has been challenging to meet the
demand because the Museum's meeting room has a legal limit of 17 and the patio is limited to
49 at this time because it only has one legal exit. In addition to the Museum's needs, the
Recreation and Community Services Department is looking for more conveniently located
classroom space for their popular and well- attended programs.
The staffs of the Department of Library and Museum Services and the Recreation and
Community Services Department have met and discussed this project. Together, they have
determined that replacing the unused shuffleboard courts with a multipurpose space, seems to
be an ideal solution to the programming interests and demands of the community. While the
Museum would have first call upon the space, the two departments have agreed that the
Recreation and Community Services could have use of the space whenever the Museum does
not need it, including Mondays when the Museum is closed.
As now conceived, the space would still be basically one large room of about 1200 square feet
with storage for tables, chairs, and supplies. Final square footage and design would be based
on a needs assessment. Staff is proposing the following changes to the original concept:
eliminate the patio area because of the availability of sufficient existing outdoor space; add
toilet rooms; and add a sink for those activities where water is needed. State of the art
audiovisual equipment and high speed Internet connectivity for the Museum Education Center
and the Museum should also be part of the project.
FISCAL IMPACT
Funds for the building would be raised by the Arcadia Historical Society's Major Gift
Committee, which currently has approximately $10,000 set aside for this purpose. There is no
estimate for the construction cost of the building since there are no detailed architectural
drawings; however, the original estimate for the smaller building without toilet rooms was
$375,000- 400,000 in 2006. Even if all of the construction and architect and engineering fees
were paid for through donations, the City would incur an unknown fiscal impact related to staff
time needed for the development of the design and construction supervision. In addition, there
would be an annual fiscal impact to the City of maintaining the building which is not known at
this time.
RECOMMENDATION
In order for the Major Gift Committee of the Arcadia Historical Society to proceed with
fundraising, staff is requesting that the Council approve the project in concept and provide
direction.
Approved by: n �n Q�P P,�,
Donald Penman, City Manager
STAFF REPORT
Development Services Department
DATE: January 20, 2009
TO: Arcadia City Council
FROM: Jason Kruckeberg, Development Services Director;,)TZ
By: Jim Kasama, Community Development Administrator
Prepared By: Steven Lee, Assistant Planner
SUBJECT: APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE
AND YOGURT SHOP AT 643 W. DUARTE ROAD TO ADD SEATING FOR 18
PATRONS.
SUMMARY
Conditional Use Permit Application No. CUP 08 -05 was submitted by Boba Tea Zone Inc. and
Pingo Yogurt to add seating for 18 patrons at an existing 2,390 square -foot cafe and yogurt
shop at 643 W. Duarte Road. This application includes a parking modification request of 213
parking spaces in lieu of 329 required by Code.
The Planning Commission, at its regular meeting of November 25, 2008, voted 4 -1 to deny
Conditional Use Permit Application No. CUP 08 -05 based on the determination that there was
insufficient parking on the site for two (2) additional eating establishments. On December 9,
2008, the Planning Commission adopted Resolution No. 1784, thereby formalizing the denial
of CUP 08 -05. Attached is an excerpt from the minutes of the November 25, 2008 Planning
Commission meeting, the Planning Commission Staff Report, and Planning Commission
Resolution No. 1784.
On December 16, 2008, the applicants submitted an appeal of the Planning Commission's
denial. The Development Services Department is recommending that the City Council uphold
the Planning Commission's decision and deny the appeal.
BACKGROUND
In December 2003, the Development Services Department issued a business license to Boba
Tea Zone, Inc. (dba Lollicup), subject to the condition that food and beverages be served on a
take -out only basis and that there be no seating for customers. Take -out only eateries are
considered retail uses and do not require a Conditional Use Permit. In July of this year, Pingo
Yogurt was issued a business license subject to the same condition. The space currently
occupied by Pingo Yogurt was previously a retail area for the sales of books and music. Both
businesses have been issued citations by Code Services after staff discovered that tables and
chairs were added in violation of the business license approvals.
DISCUSSION
The applicants are proposing to expand the two (2) existing businesses in the same unit (the
tea caf6 and yogurt shop) to allow seating for a total of 18 patrons as shown on the floor plan
in the attached Planning Commission Staff Report. Such an expansion would classify both
businesses as "eating establishments," which cannot operate without an approved Conditional
Use Permit (Arcadia Municipal Code Section 9275.1.45.1). Eating establishments are defined
as businesses selling prepared food or beverages where customers may eat or drink the food
or beverages anywhere on the premises or parking lot. This conversion of the retail uses to
eating establishments does not involve any exterior alterations to the structure; only the
addition of tables and chairs as shown on the proposed floor plan.
The subject property is located in the Arcadia Center (627 -655 W. Duarte Road — see the
aerial photo and site plan in the attached Planning Commission Staff Report) a large
commercial center containing a mix of retail stores, banks, and several intense uses such as
a large supermarket, a tutoring center, and four (4) sit -down restaurants. There are also two
(2) take -out food establishments. All of these intense uses were approved prior to the
renovation of the center in 2004, when the center was underutilized and traffic volumes were
much lower than the traffic volumes of today. The intense uses, while acceptable at the time
of approval due to very different conditions at the center, have gradually led to an overall
parking shortage as the center has grown in popularity. The following table summarizes the
existing uses at the center and the corresponding number of required parking spaces based
on the City's current parking requirements:
Arcadia Center — 627 -655 W. Duarte Rd.
Existing Uses and Parking Requirements
Totals: 50,188 317 "Subject unit
Appeal of CUP 08 -05
643 W. Duarte Rd.
January 20, 2009 — page 2
Parking
Unit #
Use
Sc Fta
Required
Notes
627
Restaurant
3,400
34
CUP 99 -10
629
Jewelry store
1,360
7
631
Pharmacy
1,400
7
633
Yogurt shop
1,400
7
No tables or chairs
635 -637
Bank
3,500
14
639
Restaurant
2,094
21
CUP 01 -04
641
Tutoring school
2,500
43
CUP 98 -02
643'
Caf§ & yogurt shop
2,390
12
645
Supermarket
22,000
110
CUP 02 -15
651
Cosmetics store
644
3
651A
Bakery
1,166
6
651B
Restaurant
640
3
Legal nonconforming
651C
Take-out caM
1,102
6
651 D
Clothing boutique
980
5
651E
Take- out caf6
942
5
651F/G
Restaurant
1,850
19
CUP 01 -16
653
Salon
700
4
655
Silk store
900
5
655B
Optometrist
1,020
5
Totals: 50,188 317 "Subject unit
Appeal of CUP 08 -05
643 W. Duarte Rd.
January 20, 2009 — page 2
With only 213 parking spaces provided on -site, the center is currently deficient by 104 parking
spaces. Approval of two (2) additional eating establishments would further increase the
deficiency because the parking requirement is greater for eating establishments than for retail
uses (10 spaces per 1,000 square feet of floor area for restaurants /eating establishments
versus 5 spaces per 1,000 square feet for retail). Pursuant to the City's current parking
regulations, a 2,390 square -foot eating establishment would require 24 parking spaces, or 12
spaces more than would be required if the space were to be occupied by a take -out only
(retail) food service use. As a result, the parking deficiency at the center would increase from
104 to 116 spaces; 213 in lieu of 329 spaces required overall.
In order to more accurately assess the current parking situation at the site, the Development
Services Department asked the applicants to provide a parking survey. Their survey (attached
to the Planning Commission Staff Report attachment) was conducted by Lollicup staff
between Monday, October 13, 2008 and Sunday, October 19, 2008, provides the numbers of
vacant parking spaces at the center between the hours of 11:00 a.m. and 9:00 p.m., recorded
at one -hour intervals. The survey data suggests that parking availability fluctuates widely
based on the time of day and the day of the week, and that there were never less than 42
spaces available, even during peak hours. In general, parking demand was highest during
lunch and dinner hours due to the many restaurants and eating establishments at the center.
Staff inspected the site on two (2) occasions to verify the accuracy of the survey data and
found the parking deficiency to be worse than the survey indicates. For example, on a
Wednesday at 12:00 noon, staff counted 33 vacant spaces while the survey counted 49
available spaces at the same time on a Wednesday. Additionally, most of the vacant spaces
were located behind the supermarket, not in the main parking area where most people prefer
to park. Staff counted only 13 vacant spaces in the main parking area and many of those
were restricted for the disabled or labeled for bank only parking.
Based on the survey data and recent site visits, staff believes that allowing two (2) additional
eating establishments would aggravate an already severe parking shortage. Although the
applicants are proposing to add only 18 seats, staff believes the subject center already has
one of the most severe parking shortages of any center in the city, and therefore, the
additional deficiency would be significant. Furthermore, the Planning Commission has denied
two (2) other Conditional Use Permit applications for eating establishments at the same
shopping center due to concerns about parking: In February 2007, the Planning Commission
denied application no. CUP 07 -02 for a restaurant with seating for 33 patrons, and in January
2005, the Planning Commission denied application no. CUP 05 -01 for a teahouse with seating
for eight (8) patrons. In both cases, the parking shortage was cited as the reason for denial.
PLANNING COMMISSION ACTION
The Planning Commission, at its regular meeting of November 25, 2008, voted 4 -1 to deny
Conditional Use Permit Application No. CUP 08 -05. The Commission concurred with staff's
determination that the subject property did not have adequate parking facilities to serve two
(2) additional eating establishments. On December 9, 2008, the Planning Commission
adopted Resolution No. 1784, thereby formalizing the denial of application no. CUP 08 -05.
Appeal of CUP 08 -05
643 W. Duarte Rd.
January 20, 2009 — page 3
APPEAL REQUEST
On December 16, 2008, the applicants submitted the attached appeal of the Planning
Commission's denial. The applicants have two (2) primary arguments. First, they contend
that the shopping center has adequate parking facilities to support the proposed eating
establishments since the parking survey indicates that the parking lot was never more than 80
percent occupied. However, as staff has already indicated; in actuality, the subject shopping
center has one of the most severe parking shortages of any center in the city, and many of
the available parking spaces are located behind the supermarket, where most patrons do not
park. The applicant's second contention is that Lollicup has been operating since 2003 with
tables and chairs, and that the applicant was never informed of the take -out only restriction.
However, the original business license approval from 2003 clearly states that no tables or
chairs are permitted. And, beginning in April 2008, the Business License Office acquired the
capability to note conditions of approval on the business license certificate. The most recent
business license certificate issued to Lollicup includes a condition stating that no tables and
chairs are permitted. Copies of the form and certificate are attached.
ENVIRONMENTAL ASSESSMENT
Pursuant to the provisions of the California Environmental Quality Act, the Development
Services Department has determined that the proposed project is a minor alteration of an
existing facility, and is therefore categorically exempt from CEQA (Class 1, Section 15301). A
Preliminary Exemption Assessment is included with the attached Planning Commission Staff
Report.
RECOMMENDATION
The Development Services Department recommends denial of the appeal of Conditional Use
Permit Application No. CUP 08 -05 due to the site's intense uses and parking deficiency.
If the City Council determines, based on the evidence presented, that the proposed eating
establishments are appropriate uses at this site and moves to approve Conditional Use Permit
Application No. CUP 08 -05, staff recommends the following conditions of approval:
1. The eating establishments approved by CUP 08 -05 shall be operated and maintained in
a manner that is consistent with the proposal and plans (a 2,390 square -foot eating
establishment with seating for up to 18 patrons) submitted and conditionally approved for
CUP 08 -05, subject to the satisfaction of the Development Services Director.
2. The approval of CUP 08 -05 includes a parking modification of 213 spaces in lieu of 329.
This modification is approved only for the specific combination of uses approved by CUP
08 -05, and not for the building and /or site in general.
3. Noncompliance with the plans, provisions and conditions of approval for CUP 08 -05 shall
be grounds for immediate suspension or revocation of any approvals, which could result
in the closing of the eating establishments.
4. All City code requirements regarding accessibility, egress, fire protection, occupancy
limits, and safety shall be complied with to the satisfaction of the Building Official and the
Fire Marshal.
Appeal of CUP 08 -05
643 W. Duarte Rd.
January 20, 2009 — page 4
5. Approval of CUP 08 -05 shall not take effect until the property owner(s), and applicant(s)
have executed and filed the Acceptance Form available from the Development Services
Department to indicate awareness and acceptance of these conditions of approval.
6. 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.
CITY COUNCIL ACTION
Denial
The City Council should move to deny the appeal of Conditional Use Permit Application
No. CUP 08 -05 and direct staff to prepare a resolution Incorporating the Council's
decision and specific findings for adoption at the next meeting.
Approval
If the City Council intends to approve Conditional Use Permit Application No. CUP 08 -05, the
Council should move to approve and direct staff to prepare a resolution for adoption at the
next meeting that incorporates the Council's decision, findings, and conditions of approval.
Approved by:
Donald Penman, City Manager
Attachments: Planning Commission Meeting Minutes Excerpt
Planning Commission Staff Report
Planning Commission Resolution No. 1784
Appeal Letter
Business License Approval Form and Certificate
Appeal of CUP 08 -05
643 W. Duarte Rd.
January 20, 2009 — page 5
J prong 4
MINUTES
ARCADIA PLANNING COMMISSION
Tuesday, November 25, 2008, 7:00 P.M.
Arcadia City Council Chambers
EXCERPT
3. CONDITIONAL USE PERMIT NO. CUP 08 -05
643 W. Duarte Road
Boba Tea Zone, Inc. and Pingo Yogurt
The applicant is requesting a Conditional Use Permit and parking modification for a 2,390
square -foot cafe and yogurt shop to have seating for 18 patrons.
The staff report was presented by Assistant Planner, Steven Lee.
The public hearing was opened.
Mr. Joseph Lee, the applicant, said that his business has existed at the present site for the
last five years with tables and chairs and there has never been a problem. He noted, that
since he has been told to remove the tables and chairs his business has fallen by fifty
percent. Mr. Joseph Lee said that he feels since the tables and chairs have not been a
problem in the last five years it is not reasonable to force him to remove them now. In
addition, Mr. Joseph Lee said he personally conducted a parking survey and that there were
always 20% of the spaces available.
Commissioner Baderian asked the applicant if he would comply with the recommendations
in the staff report, and Mr. Joseph Lee said that he is not sure of the meaning of
recommendation 2.
Assistant Planner, Mr. Steven Lee explained that staff is recommending denial of this
project. However, should the Commission decide to approve the project, item 2 states that
the parking modification is approved along with the project.
The applicant said he concurred with the recommended conditions.
Commissioner Baerg asked the applicant how many chairs he had been using at the
restaurant. The applicant said they used to have twelve chairs but they have all been
removed.
Chairman Beranek asked if there was anyone else who wanted to speak in favor of the
application. There was not.
Chairman Beranek asked if anyone would like to speak in opposition to the project. There
was not.
MOTION:
It was moved by Commissioner Parrille, seconded by Commissioner Baderian, to close the
public hearing.
Without objection the public hearing was closed.
Commissioner Baderian asked if the original business license included approval for tables
and chairs. Assistant Planner Lee explained that the original business license was issued
with the condition that there would not be any tables or chairs.
Commissioner Baerg pointed out that the applicant says that his business is suffering
significantly without the tables and chairs and that to approve the application would only
maintain the status quo.
Commissioner Hsu noted that similar proposals were denied in the recent past
Commissioner Parrille said that traffic congestion, along with parking, is a problem at the
center and that the tables and chairs have probably exacerbated the problem.
Commissioner Baderian said that it is important to remain consistent with past decisions.
In addition, he noted that the center is already deficient by at least 100 parking spaces.
Chairman Beranek said that the center has serious parking deficiencies and if this
application is approved it will encourage other take -out eating establishments to apply for a
Conditional Use Permit to add seating.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Parrille, to deny
Conditional Use Permit No. CUP 08 -05.
ROLL CALL:
AYES: Commissioners Baderian, Hsu, Parrille and Beranek
NOES: Commissioner Baerg
A Resolution reflecting the decision of the Planning Commission will be presented for
adoption at the next Commission meeting. There is a five working day appeal period after
the adoption of the Resolution.
PC MINUTES EXCERPT
11 -25 -08
CU
STAFF REPORT
Development Services Department
November 25, 2008
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Steven Lee, Assistant Planner
SUBJECT: Conditional Use Permit Application No. CUP 08 -05 and the related
parking modification to operate a 2,390 square -foot caf6 and yogurt
shop with seating for 18 patrons at 643 W. Duarte Road
SUMMARY
Conditional Use Permit Application No. CUP 08 -05 proposes to convert a retail unit
within an existing commercial center into a 2,390 square -foot caf6 and yogurt shop
with seating for 18 patrons. The Development Services Department is
recommending denial of Conditional Use Permit Application No. CUP 08 -05 because
there is insufficient parking on the site for two additional eating establishments.
GENERAL INFORMATION
APPLICANT: Boba Tea Zone, Inc. and Pingo Yogurt
LOCATION: 643 W. Duarte Road
REQUEST: A Conditional Use Permit and parking modification to allow a 2,390
square -foot caf6 and yogurt shop with seating for 18 patrons
SITE AREA: Approximately 110,932 square feet (2.55 acres)
FRONTAGES: Approximately 389 feet along West Duarte Road and 310 feet along
Arcadia Avenue
EXISTING LAND USE & ZONING:
The site is developed with a large commercial center (Arcadia
Center) containing a supermarket, a tutoring center, several
restaurants, and a mix of retail stores and banks. A total of 213
parking spaces are provided on -site.
EXISTING LAND USE & ZONING:
The site is developed with a large commercial center (Arcadia
Center) containing a supermarket, a tutoring center, several
restaurants, and a mix of retail stores and banks. A total of 213
parking spaces are provided on -site.
GENERAL PLAN DESIGNATION:
Commercial
SURROUNDING LAND USES & ZONING:
North: Multiple - family residential, zoned R -3
South: General and medical /dental offices, zoned C -2
East: Medical /dental offices, zoned C -0
West: Mixed commercial, zoned C -2
BACKGROUND
In December 2003, Boba Tea Zone, Inc. (dba Lollicup) was issued a business
license subject to the condition that food and beverages would be served on a take-
out only basis and that there should be no seating for customers. Take -out eateries
are considered retail uses and do not require a Conditional Use Permit. In July of
this year, Pingo Yogurt was issued a business license subject to the same condition.
The space currently occupied by Pingo Yogurt was previously a retail area selling
books and music. Both businesses have been issued citations by Code Services
after staff discovered that tables and chairs were added in violation of the business
license approvals.
PROPOSAL AND ANALYSIS
The applicants are proposing to expand two existing businesses in the same unit (a
tea cafe and yogurt shop) to allow seating for a total of 18 patrons. Such an
expansion would classify both businesses as "eating establishments," which cannot
operate without an approved Conditional Use Permit (Arcadia Municipal Code
Section 9275.1.45.1). Eating establishments are defined as businesses selling
prepared food or beverages where customers may serve themselves and may eat or
drink the food or beverages anywhere on the premises or parking lot. Conversion of
the retail uses to eating establishments will not involve any exterior alterations to the
structure; only the addition of tables and chairs as shown on the proposed floor plan.
The subject property is located in Arcadia Center (627 -655 W. Duarte Road) a major
commercial center containing a mix of retail stores, banks, and several intense uses
such as a large supermarket, a tutoring center, and four (4) sit -down restaurants.
There are also a few take -out food establishments. All of the intense uses were
approved prior to the renovation of the center in 2004, when the center was
CUP 08 -05
643 W. Duarte Rd.
November 25, 2008 — page 2
underutilized and traffic volumes were much lower than the traffic volumes of today.
The intense uses, while acceptable at the time of approval due to very different
conditions at the center, have gradually led to an overall parking shortage as the
center has grown in popularity. The following table summarizes the existing uses at
the center and the corresponding number of required parking spaces based on the
City's current parking requirements:
Arcadia Center— 627-655W. Duarte Rd. —Existing Uses and Parking Requirements
Unit#
Use
So. Ftg
Parking
Required
Notes
627
Restaurant
3,400
34
CUP 99 -10
629
Jewelry store
1,360
7
631
Pharmacy
1,400
7
633
Vacant (future yogurt shop)
1,400
7
635 -637
Bank
3,500
14
639
Restaurant
2,094
21
CUP 01 -04
641
Tutoring school
2,500
43
CUP 98 -02
643'
Caf6 & yogurt shop
2,390
12
645
Supermarket
22,000
110
CUP 02 -15
651
Cosmetics store
644
3
651A
Bakery
1,166
6
651B
Restaurant
640
3
Legal nonconforming
661C
Take- out caf6
1,102
6
651D
Clothing boutique
980
5
651E
Take- out caf6
942
5
651F /G
Restaurant
1,850
19
CUP01 -16
653
Salon
700
4
655
Silk store
900
5
655B
Optometrist
1,020
5
N/A
ATM (bank)
200
1
Totals:
50,188
317
* Subject unit
With only 213 stalls provided on -site, the center is currently deficient by 104 parking
spaces. Approval of two additional eating establishments would further increase the
deficiency because the parking requirement is greater for eating establishments than
for retail uses (10 spaces per 1,000 square feet of floor area for restaurants /eating
establishments and 5 spaces per 1,000 square feet for retail). Pursuant to the City's
current parking regulations, 2,390.square -feet of eating establishment would require
24 parking spaces, or 12 spaces more than would be required if the space were to
be a retail /take -out only use. As a result, the parking deficiency at the center would
increase from 104 to 116 spaces; 213 in lieu of 329 spaces required overall.
In order to more accurately assess the current parking situation, the Development
Services Department asked the applicants to provide a parking survey. The staff of
Lollicup submitted the attached survey, which was conducted between Monday,
October 13, 2008 and Sunday, October 19, 2008. The week -long survey provides
the numbers of vacant or available parking spaces at the center between the hours
of 11:00 a.m. and 9:00 p.m., recorded at one -hour intervals. The survey indicates
that parking availability fluctuates widely based on the time of day and the day of the
week, and that there were never less than 42 spaces available, even during peak
CUP 08 -05
643 W. Duarte Rd.
November 25, 2008 — page 3
hours. In general, parking demand was highest during lunch and dinner hours due to
the many restaurants and eating establishments at the center.
In staffs opinion, the numbers in the parking survey seem inflated. Staff inspected
the site on two occasions to verify the accuracy of the survey data and found the
parking deficiency to be worse than the survey indicates. For example; on a recent
Wednesday at 12:00 noon, staff counted 33 vacant spaces while the survey counted
49 spaces at the same time on a Wednesday. Additionally, most of the vacant
spaces were located behind the supermarket, not in the main parking area where
most people prefer to park. Staff counted only 13 vacant spaces in the main parking
area and many of those were handicap or labeled for bank only parking.
Based on the survey data and recent site visits, staff believes that allowing two
additional eating establishments would aggravate an already severe parking
shortage. Although the applicants are only proposing to add 18 seats; staff believes
the cumulative impact will be significant. Furthermore, the Planning Commission has
denied two other Conditional Use Permit applications for eating establishments at the
same shopping center due to concerns about parking. In February 2007, the
Planning Commission denied CUP 07 -02 for a restaurant with seating for 33 patrons,
and in January 2005, the Planning Commission denied CUP 05 -01 for a teahouse
with seating for 8 patrons. In both cases, the parking shortage was cited as the
reason for denial.
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits,
building safety, parking and site design shall be complied with to the satisfaction of
the Building Official, Community Development Administrator, Fire Marshall, and
Public Works Services Director.
CEQA
Pursuant to the provisions of the California Environmental Quality Act, the
Development Services Department has determined that the proposed project is a
minor alteration of an existing facility, and is therefore categorically exempt from
CEQA (Class 1, Section 15301). A Preliminary Exemption Assessment is attached.
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:
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.
CUP 08 -05
643 W. Duarte Rd.
November 25, 2008 — page 4
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 08 -05 due to the site's intense uses and the existing
parking deficiency.
If the Planning Commission determines, based on the evidence presented, that the
proposed eating establishments are an appropriate use at this site and moves to
approve Conditional Use Permit Application No. CUP 08 -05, staff recommends the
following conditions of approval:
1. The eating establishment(s) approved by CUP 08 -05 is limited to the caf6 and
yogurt shop, which shall be operated and maintained in a manner that is
consistent with the proposal and plans (2,390 square -feet of eating
establishment(s) with seating for up to a combined total of 18 patrons) submitted
and conditionally approved for CUP 08 -05, subject to the satisfaction of the
Community Development Administrator.
2. The approval of CUP 08 -05 includes a parking modification of 213 spaces in lieu
of 329. This modification is approved only for the specific combination of uses
approved by CUP 08 -05, and not for the building and /or site in general.
3. Noncompliance with the plans, provisions and conditions of approval for CUP
08 -05 shall be grounds for immediate suspension or revocation of any
approvals, which could result in the closing of the tutorial and educational center.
4. All City code requirements regarding accessibility, fire protection, occupancy,
and safety shall be complied with to the satisfaction of Building Services and the
Fire Department.
5. Approval of CUP 08 -05 shall not take effect until the property owner(s), 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.
CUP 08 -05
643 W. Duarte Rd.
November 25, 2008 — page 5
6. 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.
PLANNING COMMISSION ACTION
Denial
The, Planning Commission should move to deny Conditional Use Permit
Application No. CUP 08 -05, and direct staff to prepare a resolution
incorporating the Commission's decision and specific findings for adoption at
the next meeting.
Approval
If the Planning Commission intends to approve Conditional Use Permit Application
No. CUP 08 -05, the Commission should move to approve and direct staff to prepare
a resolution incorporating the Commission's decision, findings, and conditions of
approval for adoption at the next meeting.
If any Planning Commissioner, or other interested party has any questions or
comments regarding this matter prior to the November 25` public hearing, please
contact Steven Lee, Assistant Planner, at (626) 574 -5444 or via email at
s lee tai) ci. a rcad ia. ca. u s
, Community Development Administrator
Attachments: Aerial Photo and Vicinity Map
Plans
Parking Survey
Photos
Preliminary Exemption Assessment
CUP 08 -05
643 W. Duarte Rd.
November 25, 2008 — page 6
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643 W. DUARTE RD.,
ARCADIA, CA 91007
sly
PARKING LOT SURVEY
Hourly surveys of availability of parking spaces were conducted at the parking lot of the
retail center known as "Arcadia Center" located at 627 -655 W. Duarte Road, Arcadia,
CA 91007 during the period from 10/13/08 to 10/19/08:
The table shows the total number of parking spaces available (not occupied) at the retail
center at the time of survey.
Date /Time
Surveyed
10/13/08
Monday
10/14/08
Tuesday
10/15/08
Wednesday
10/16/08
Thursday
10/17/08
Friday
]0/18/08
Saturday
10/19/08
Sunday
11:00AM
117
104
108
113
105
106
109
12:OONOON
62
46
49
50
48
53
55
1:OOPM
59
48
47
53
49
57
53
2:OOPM
78
69
70
74
68
65
67
3:OOPM
107
104
108
105
109
99
98
4:OOPM
110
117
120
128
132
98
104
S:OOPM
103
108
110
116
121
96
93
6:OOPM
69
54
62
56
50
47
48
7:OOPM
66
47
59
55
47
45
42
8:OOPM
97
89
94
99
83
53
68
9:OOPM
142
146
152
149
138
115
127
Conducted and Submitted by the staff of Boba Teazone, Inc.
, OR
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PRELIMINARY EXEMPTION ASSESSMENT
�`•• a °' (Certificate of Determination When Attached to Notice of Exemption)
1. Name or description of project:
Conditional Use Permit Application No. CUP 08 -05, and the related parking modification, to operate a 2,390
square-foot caf6 and yogurt shop with seating for 18 patrons at 643 W. Duarte Road
2. Project Location — Identify street address and cross streets or attach a map showing project site (preferably a
USGS 15' or 7%,' topographical map identified by quadrangle name):
643 W. Duarte Road (at Baldwin Avenue)
3. Entity or person undertaking project: ❑ A. City of Arcadia
4. Staff Determination:
® B. Other (Private)
(1) Name: Boba Tea Zone. Inc.
(2) Address: 643 W. Duarte Road
Arcadia, CA 91007
(3) Phone: (626) 636 -7881
The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the
City's "Local Guidelines for Implementing the California Environmental Quality Act (CEQA)" has concluded that
this project does not require further environmental assessment because:
a.. ❑ The proposed action does not constitute a project under CEQA.
b. ❑ The project is a Ministerial Project.
C. ❑ The project is an Emergency Project.
d. ❑ The project constitutes a feasibility or planning study.
e. ® The project is categorically exempt. Applicable Exemption Class: 15301
Section No.:
f. ❑ The project is statutorily exempt. Applicable Exemption:
Section No.:
g. ❑ The project is otherwise exempt on the following basis:
h. ❑ The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: November 14, 2008 Staff: Steven Lee. Assistant Planner
RESOLUTION NO. 1784
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, DENYING CONDITIONAL USE PERMIT
APPLICATION NO. CUP 08 -05 AND THE RELATED PARKING
MODIFICATION TO ALLOW AN EXISTING 2,390 SQUARE -FOOT
CAFE AND YOGURT SHOP TO ADD SEATING FOR 18 PATRONS AT
643 W. DUARTE ROAD.
WHEREAS, on June 13, 2008, a Conditional Use Permit application was filed by
Boba Tea Zone, Inc. to allow an existing 2,390 square -foot caf6 and yogurt shop to add
seating for 18 patrons; Development Services Department Case No. CUP 08 -05, at property
commonly known as 643 W. Duarte Road; and
WHEREAS, a public hearing was held on November 25, 2008, 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 provided by the Development Services
Department in the staff report dated November 25, 2008 is true and correct.
SECTION 2. This Commission finds:
A. That the granting of the Conditional Use Permit would be detrimental to the
public health and welfare, and injurious to the property and improvements in the zone or
vicinity because the existing on -site parking facilities are inadequate to support the proposed
eating establishments.
B. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized; however, the applicant could not satisfy the parking
requirements for the requested conditional use as specified in Section 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 said use due to inadequate on -site parking.
D. That the site abuts streets and highways adequate in width and pavement type to
carry the kind of traffic generated by the proposed use, but the on -site parking is insufficient
to accommodate the proposed use.
1 Resolution No. 1784
E. That the granting of such Conditional Use Permit will adversely affect the
comprehensive General Plan because there is insufficient on -site parking to accommodate the
proposed use, which would be detrimental to the public welfare.
F. That the proposed project is a minor alteration of an existing facility and is
therefore exempt from the California Environmental Quality Act (Class 1 Categorical
Exemption, Section No. 15301).
SECTION 3. That for the foregoing reasons this Commission denies
Conditional Use Permit Application No. CUP 08 -05 and the related parking modification to
allow an existing 2,390 square -foot caM and yogurt shop to add seating for 18 patrons at 643
W. Duarte Road.
SECTION 4. The Secretary of the Planning Commission shall certify to the
adoption of this Resolution.
Passed, approved and adopted this 9 day of December, 2008.
ATTEST:
retary, Planning Commission
APPROVED AS TO FORM:
1
Stephen P. Deitsch
City Attorney
Chairperson, Planning Commission
2
Resolution No. 1784
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, JAMES M. KASAMA, Secretary of the Planning Commission of the City of
Arcadia, hereby certify that the foregoing Resolution No. 1784 was passed and
adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson
and attested to by the Secretary at a regular meeting of said Planning Commission held
on the 9th day of December, 2008
and that said Resolution was adopted by the
following vote, to wit:
AYES: Commissioners Baderian, Baerg, Hsu, and Beranek
NOES: None
ABSENT: Commissioner Parrille
Se of the Planning Commission
BOBA TEA ZONE, INC. 5i4iTel.(626)636 -7881
643 W. Duarte Rd., Arcadia, CA 91007 CLIENT NAME
RENO OY: AM O28D9
PAYGR.
TODAY'S DATE: 12/16/06
December 15, 2008
Honorable Mayor, Mayor pro Tem
and Members of the City Council
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91066
Re: APPEAL PLANNING COMMISSION'S DECISION
Public Hearing held on Nov. 25, 2008 at 7:OOPM
Resolution No. 1784
Conditional Use Permit No. CUP 08 -05
Boba Tea Zone, Inc.
643 W. Duarte Road, Arcadia
REGISTER DATE: 12/16/06 TIME: 1.:51
DESCRIPTION AMOUNT
"UST INPLANNINO COMM! APPEAL
PLANNING APPLICATION $540.00
TOTAL DUU VA01.@ %I
CHECK, PAID: $540.00
CNECt: NO: E 173
TENDERED: $54.00
CHANGE: $,00
Dear Honorable Mayor, Mayor Pro Tern and Members of the City Council,
I am appealing the Planning Commission's decision rendered on 11/25/2008 denying my
Conditional Use Permit No. CUP 08 -05 application on the following grounds:
1. First of all, my CUP application was not given a fair consideration by the members of the
Planning Commission based on the merits of the facts of my application.
2. The 4 -1 decision was based on the bias and prejudice of the majority of the members of the
Planning Commission who were preoccupied with lining up with the position recommended by
the internal staff of Assistant Planner Steven Lee.
3. The Planning Commission was not given complete material facts to consider, particularly that
for the past 5 years I have been operating my business with tables and chairs with a total seating
capacity of 18 patrons without any interruption from the city since the fast day I was issued with
the City's business license with a clear description of my business as "Retail Eating and Drinking
Places" and not "Food Take- Out ", and that I was told that I could have up to nine tables by your
City's Tenant Improvement Inspector who came to check my store to be sure that everything was
in order before I was issued my first City's business license on 12/17/2003.
4. There was not a single objection from the neighboring owners, residents and occupants to my
CUP application before, during, and after the public hearing. As a matter of fact, my landlord
was in full support of my CUP application.
5. The only issue raised by your Assistant Planner during the public hearing was whether there is
parking availability at the retail center where my business is located. Your Assistant Planner
only conducted one parking survey during peak lunch hour at 12:00 noon on Wednesday,
10/15/2008 and he found there was still 33 parking spaces available at the retail center. My
survey at the same time showed there were 49 parking spaces available out of total 213 parking
spaces at the.retail center. My other hourly surveys showed that there were at least 20% parking
spaces available at any given time at the retail center. Therefore, parking availability has not yet
become a problem at this retail center.
6. None of the members of the Planning Commission who denied my CUP application had come
up with any valid reasons why my CUP application should be denied.
7. Immediately after the public hearing, I wrote a letter addressed to each members of the
Planning Commission on 12/1/2008 requesting them to reconsider their decision before they
attend their next meeting on 12/9/2008 to adopt their 4 -1 denial decision as a resolution. All my
letters were unlawfully withheld by your Assistant Planner Steven Lee without forwarding it to
the members of the Planning Commission for review. Thus the Planning Commission proceeded
to adopt the resolution on 12/9/2008 (The Planning Commission's Resolution No. 1784) without
knowing the existence of my Request for Reconsideration letter which was personally delivered
to each members of the Planning Commission individually at the City on 12/1/2008 with the
City's acknowledgment of receipt.
8. There appears to be a double standards adopted by your Planning Department in deciding who
should and who should not be granted a Conditional Use Permit, and there is always a chance that
their decision can be arbitrary and not based on a good reason.
9. The sudden no- chairs- and - tables restrictions imposed by the City on 3/19/2008 had already
caused great hardship to my business as most of our customers had now found our store not a
favorite place to patronize anymore because of a lack of convenience and our business had
dropped sharply, more than 50% since then, not to mention that I had suffered a serious stroke on
7/12/2008 and lost a partial functional abilities of my body due to the severe stress resulted from
the City's repeated enforcement actions. The no- chairs - and - tables restrictions will continue to
hurt my business badly for the next five years as I am liable for another 5 more years of lease
obligations on the property and I don't how I am going to make it without filing for bankruptcy.
10. A complete rationale in support of my CUP application is stated in my 12/1/2008 letter
addressed to each members of the Planning Commission which I attach herewith as a supporting
part of my appeal.
I enclose herewith a check for $540.00 payable to the City of Arcadia as my appeal fee. Also
enclosed are 15 sets of plans, mailing labels for all property owners and occupants within the
300 -foot radius public hearing notification area.
I now file my formal appeal to you as I am counting on you, the respectable City Council, as my
last hope for a fair hearing of the true facts and circumstances of my case and your kind
consideration of my CUP application.
Respectfully Submitted,
M e Sfiong Su
Business Owner
See Attachment — My 12/1/2008 Request for Reconsideration Letter to each members of the
Planning Commission.
2
BOBA TEA ZONE, INC.
643 W. Duarte Rd., Arcadia, CA 91
December 1, 2008
Mr. Robert Baderian
Mr. Ed Beranek
Mr. Frank Hsu
Mr. William Baerg
Mr. Anthony Parrille
Honorable Members of the Planning Commission
City of Arcadia
240 W. Huntington Drive
Arcadia, CA 91066
Re: REQUEST FOR RECONSIDERATION
Public Hearing held on Nov. 25, 2008 at 7:OOPM
Conditional Use Permit No. CUP 08 -05
Boba Tea Zone, Inc.
643 W. Duarte Road, Arcadia
Dear Honorable Members,
1 understand that you had reached a decision (4 to 1) to deny my application for a conditional use
permit to allow a seating for 18 patrons. I would like to request your kind reconsideration of
your decision on the following grounds before you make it in the resolution presented for
adoption at your next Commission meeting:
1. First of all, you have come to know the facts that I have been operating the same business at
the location WITH TABLES AND CHAIRS for the last five years since 12/17/2003. with yearly
renewal of the City's business license describing my business as "RETAIL EATING AND
DRINKING PLACES" and not "Food Take- Out ". I had NEVER received any indications from
the City that no tables or chairs were allowed in my store NOR had I ever been informed about
the restrictions. I had not received a single citation from the City in the last 4 %2 years ordering
me to remove tables and chairs until 3/19/08.
2. In early September 2008, in my telephone conversation with your assistant planner Mr.
Steven Lee, Mr. Lee told me that there was a good possibility that I would be allowed to restore
tables and chairs at the premises by virtue of the fact that my business had been in operations for
almost the past five years and I would most likly be grandfathered,of any new restrictions
that were imposed by the City at a later stage. I was surprised to see that Mr. Lee had changed
his mind by placing "DENIAL" on the recommendation line published on the Agenda. His denial
recommendation had played a great part in swaying the overall decision of the Planning
Commission as the Planning Commission would tend to incline toward the position of their
internal staff based on their recommendations.
3. As I had explained at the public hearing, there are always more than 20% availability of
parking spaces in the entire retail center at any one time even during the peak lunch and dinner
hours as I had personally conducted the parking survey myself. While I was taking the survey, I
saw vehicles coming and leaving at any moment; therefore it is difficult to come up with the same
exact figures on my survey as that of the city's survey, but both surveys clearly show that there
are always vacancies in the parking lot. Besides there was never any complaints about the
parking problems in the last five years I was operating at the site when I was having tables and
chairs in my store. There was never any complaints about the parking problems in this retail
center. The assistant planner did not present any evidence of any complaints about the parking
problems ever received by the City in the last five years during the public hearing. Therefore, we
can conclude that we have not come to the stage yet where parking at this retail center is now a
problem that it has caused any public safety concerns.
4. At the hearing, I heard one member of the Planning Commission raise another similar CUP
case which he said the City had turned down in the past, and as a result that dine -in food business
had to close shop and leave the city, and the overcrowded problem eventually was solved by itself
because the new tenant that moved in later was in a take -out business. This member asked how
the Commission was going to deal with the policy if the Commission were to approve my
application. As the member of the Commission did not provide any specific information about
that particular CUP case, I was not able to comment on the matter; but I think each case has to
be viewed on its merits as to whether the degree of the problem has risen to the point where it
has caused public safety concerns. I could see that raising this issue by the member of the
Commission at that moment of the hearing proceeding had somehow begun to sway some
members of the Commission to turn down my CUP application.
5. There was not a single opposition raised by any occupants, residents or property owners in
the surrounding neighbor at the public hearing that is against my CUP application.
6. My landlord was also there that night at the public hearing, but he said he missed the
opportunity to address the Planning Commission to support my CUP application as the matter
was soon put to vote. I would like to take this opportunity to attach herewith a letter from my
landlord expressing his support of my CUP application.
7. I am nevertheless very grateful to the one member of the Commission who had voted for
my application that night as I believe he saw some merits in my case.
8. The denial of my CUP application will cause great hardship to me as it has a great impact on
the viability of my business. My type of business depends on tables and chairs for the
convenience of the customers who need to take a brief break while having a drink at my store. As
I had presented at the hearing, my business had already dropped more than 50% since March
2008 when the City first imposed no tables and chairs restriction on my store. Due to the
tremendous stress caused by the City's restriction on my business, I suffered a stroke on
7/12/08 which had led to partial loss of my functional abilities (see copy of my doctor's
certification attached).
I would deeply appreciate if you could take into consideration of all the points I have presented
above and render your kind reconsideration of your decision. If you reaffirm your denial, I would
have no other choices but to continue seeking relief until all my appeals are exhausted as I
have five more years of lease obligations that I have to live with and I cannot sustain a loss for
that long without going bankrupt.
If your final decision is still to deny my application after your reconsideration please take this
letter as my appeal to the next higher level. Thank you.
Yours Respectfully,
Mie Shong Lin
Business Owner
c. [ Y OF ARCADIA
240 West Huntington Drive - P. 0: Box 60021 1 Moodie, CA 81066 -
(626) 574 76 4 3 0 1 Fax (626) 447.817 1 Attn Bus. License O ffice R C; E I C D
BUSINESS LICENSE APPLICATION DEC - & 2003
City Re view and Approval
:a Name &8A 7FrA ?diva It Business Phone ,(" ) !?j
.hsaa Address 4 M W P2apA - r , RO Business Fax (( ) o - d
A2rial3izl Ga 9taa6
Owner of Business Z lil CALnv/. L inJ Phone No.
Owner of Building A& HARP U10n1 /, Phone No. ( )
Type of Business EaTAil coma SALA-S
Describe business activity In detail
Previous type of business at this address VNIChhawA. - vACRnNT AT - riw67 OF BASF rAa 7
Date when previous business was closed ?_Cinr�r.s1. • r+J Is this a change of business ownership? OYes O No
Do you propose any alterations to the building? OYea Uto
Will training or Gasses be conducted on the premises? O You Oho It Yes, how many persons will be attending?
List the types and amount of flammable or explosive liquids to be used (if any): AlsTrgS
WIII your business discharge wastewater from other then restrooms, drinking fountains, showers, of air conditioners used for human comfort? Oyes X10
WIII your business discharge any wastewater from any manufacturing, processin , institutional, commercial, or any other operation where
IhewsaTesetertludssWmnt uadmofnorMumanalgln? - OYes �o
If your business is the same as the previous tenant, did the previous tenant have an Industrial Wastewater Discharge Permit? O Yea 0.160
Please check If your business Includes one of the following:
O Restaurant
O Commercial Laboratory
O Auto Dealer
O Hospital with Overnight Beds
O Hotel
O Manufacturing
O Auto Repair Shop
0 Radiator Shop
G(Retail Food Sales
O Chemical Laboratories
O Automotive Service Station
0 Centralized Food Processing Facilise
0 Bakeries
O Warehouse
O'Car Wash or Truck Wish
O Centralized Film Processing Facilities
O School
O Fllm Processing Services -
O Kennels and Animal Hospitals
O Cleaners and Laundries (not -coin
I CERTIFY THAT I HAVE READ THE STATEMENTS CONTAINED IN THIS APPLICATION AND THAT THEY ARE TRUE AND CORRECT.
TC4}
.air vor•
Date: / �fl 3 Signature of Applicant: ���
�e
in, carry on or conauq[ - rns. oueinesa, usne, I cpning, prgipgglgl!(4 pn,�onlar a4r441QRiI�D'67,p1,&AR4a oetQN'.`E!��1¢AIa! ?np4.4r. osM9c¢te-.tc; not
noGeeKlBcafign 01 cempll@nos:wltlrother ortifRsllo94 9n s si'ngr att aseurPpgp
tltiat:tna proposed ilea Is Jn oonformanca with the
Zoning regulations. Thle ceAlficate is Issued withb4l vatRbftµq R�1pf lhtf 9 !pays( Ip?��p�iA4
pAt @I[p0 ptirpm Ilosns)ng by the. SlelO of Calitoml4
Business Name: .' Bobs Teazone, Inc
YNgo- ; 69
Business Location: 643 W Duarte Rd Aresdld CA' 81008
Des4rldtlbr( RHTAIL EATING AND DRINKING
Suslness Owner(a): Mle Shang Lin
BQSA TEAZONE, INC
:account Number 040887
643 W DUARTE RD
Llglnas Pse . $253.10
ARCADIA; CA 91008
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51:0001
CITY COUNCIL/REDEVELOPMENT AGENCY
REGULAR MEETING MINUTES
TUESDAY, JANUARY 6, 2009
CALL TO ORDER
Mayor Pro Tempore Wuo called the Meeting to order at 6:00 p.m.
ROLL CALL OF CITY COUNCIUREDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council /Agency Member Amundson, Chandler, Kovacic and Wuo
ABSENT: Mayor Harbicht
A motion was made by Council /Agency Member Chandler seconded by Council /Agency
Member Amundson to excuse Mayor Harbicht.
CLOSED SESSION PUBLIC COMMENTS (5 minutes per person)
None
CLOSED SESSION
a. Pursuant to Government Code Section 54956(a) to confer with legal counsel
regarding the case of Ken Harper v. City of Arcadia, at al . (United States District
Court Case No. CV08 -02286 MANx).
b. Pursuant to Government Code Section 54956.8 conference with real property
negotiators.
Prooert v : Winnie Way Park (509 Winnie Way)
City Negotiators City Manager and Assistant City Manager /Public Works
Services Director
Negotiating Parties City of Arcadia and Benson Tse (Property Owner)
Under Negotiation Price and Terms of Payment
RECONVENE CITY COUNCIL /REDEVELOPMENT AGENCY MEETING TO OPEN SESSION
Mayor Pro Tempore Wuo called the regular meeting to order in the Council Chamber at 7:00 p.m.
INVOCATION
Reverend Daniel Earp, Amazing Grace Congregational Church
PLEDGE OF ALLEGIANCE
Carolyn Garner - Reagan, Director of Library and Museum Services
ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council /Agency Member Amundson, Chandler, Kovacic and Wuo
ABSENT: Mayor Harbicht
01 -06 -2009
51:0002
A motion was made by Council /Agency Member Chandler seconded by Council /Agency
Member Amundson to excuse Mayor Harbicht.
REPORT FROM CITY ATTORNEY /AGENCY COUNSEL ON STUDY SESSION /CLOSED
SESSION ITEMS
City Attorney Steve Deitsch reported that the City Council met in a closed session to consider
the two (2) items listed on the posted agenda under closed session, no reportable action was
taken.
SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
None
MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE
THE READING IN FULL
A motion was made by Council /Agency Member Amundson seconded by Council /Agency
Member Chandler and carried on roll call vote to read all ordinances and resolutions by title only
and waive the reading in full.
PRESENTATIONS
a. Presentation of Certificates to the 2009 Rose Queen and Court.
b. Presentation to outgoing Human Resources Commission Member Peter Ulrich.
(Not present)
C. Administration of the Oath of Office to newly appointed Human Resources
Commission Member Joan Francone.
1. PUBLIC HEARING
CITY COUNCIL ITEMS:
a.
Recommended Action: Approve
Jason Kruckeberg, Development Services Director reported that the City has participated in the
Community Development Block Grant (CDBG) program for approximately 35 years. He further
reported that CDBG funds come from the U.S. Department of Housing and Urban Development
(HUD) and administered by the Los Angeles County Community Development Commission
(CDC). He noted that for fiscal year 2009 -10, the City will be receiving approximately $396,464
and the primary objective of the CDBG program is to provide assistance to low and moderate
income families enabling them to participate in various community activities; property
improvement and the environment, improve accessibility for the disabled, and eliminate blight
and substandard conditions within the City.
01 -06 -2009
51:0003
Jim Kasama, Community Development Administrator explained that use of CDBG funds has
become more restrictive in order to encourage programs that meet the objective of assisting low
and moderate income families. He provided a summary of funding for current projects and
projects recommended for next fiscal year. He noted that housing rehabilitation, handicap
ramp /sidewalk improvements, congregate meals for senior citizens, meals on wheels, senior
citizen social services information and referrals and youth services are recommended for
continuance for fiscal year 2009 -10. He further noted that a new requirement for fiscal year
2009 -10 is that each project must be funded with at least $10,000 as opposed to in the previous
years where similar types of projects would be combined to meet the $10,000 minimum. He
advised that money received from CDBG does not cover all of the expenses for Public Service
Programs and is subsidized by the City's General Fund. He provided a description of each
project including fund allocations.
Mayor Pro Tempore Wuo opened the public hearing.
Robert Deao, Executive Director Arcadia Red Cross appeared and explained the Meals on
Wheels program and funding.
A motion to close the public hearing was made by Council Member Chandler, seconded by
Council Member Amundson and seeing no further objection, Mayor Pro Tempore Wuo declared
the public hearing closed.
Council Member Kovacic asked that staff to include $5,000 for the Meals on Wheels program in
the 2009 -10 City budget for the Red Cross.
It was moved by Council Member Chandler seconded by Council Member Kovacic and carried
on roll call vote to approve the projects and fund allocations, authorize the City Manager to
modify project allocations should amendments become necessary and execute the
Memorandum of Understanding with the Los Angeles County Community Development
Commission which are to be submitted to the County at a later date.
AYES: Council Member Chandler, Kovacic, Amundson and Wuo
NOES: None
ABSENT: Council Member Harbicht
11
and recycling contract with Waste Management Inc.
Recommended Action: Adopt
Authorize the City Manager to execute a seven (7) year contract with Waste
Management Inc for the exclusive collection of residential refuse and recvclables
for the City of Arcadia.
Recommended Action: Approve
Pat Malloy, Assistant City Manager /Public Works Services Director presented the staff report to
enter into a seven year contract with Waste Management for the exclusive collection of
residential refuse and recyclables for the City of Arcadia and to set the residential refuse rate
schedule for fiscal year 2009/10 in accordance with the residential refuse and recycling contract.
Mr. Malloy noted that Waste Management has been the City's exclusive residential refuse
hauler since 1999 and the current contract is due to expire on June 30, 2009. He further noted
01 -06 -2009
51:0004
that last March, the City Council directed staff to begin negotiations with Waste Management for
the residential refuse and recycling contract. Mr. Malloy commented that Arcadia maintains one
of the lowest refuse rates, that Waste Management provides comprehensive city -wide refuse
and recycling programs in the San Gabriel Valley and has consistently provided excellent
service for the past nine years.
Marie Rodriguez, Management Analyst provided a power point presentation which showed the
many refuse programs and services offered to Arcadia residents by Waste Management. She
noted that Waste Management and their programs have assisted Arcadia in achieving a 69%
diversion rate which exceeds the 50% diversion rate mandated by AB 939. She explained new
contract terms and language including single family residential refuse collection changing from
five days a week to one day a week (Wednesday). She explained how the one day a week
proposed service will benefit the City, the rate adjustment formula including consumer price
index, disposal facility index and producer price index and compared the current and proposed
rates for the next two fiscal years. She also explained in detail the different types of services
Waste Management provides at no cost to the City. She briefly discussed the closure of the
Puente Hills Landfill in 2013 and how Waste Management will handle disposal of recycling and
hazardous materials. She noted that the City has received 43 written protests to the rate
increase.
Mayor Pro Tempore Wuo opened the public hearing.
Gail Marshall appeared and spoke in opposition of the proposed one day a week trash pick -up
Ann Carlton appeared and spoke in opposition of the one day a week trash pick -up and
commented on trash pick -up services for seniors, absentee landlords not paying for trash
services and scavenging of recyclable items.
Kate Law appeared and spoke in opposition of the proposed rate increase and one day a week
trash pick -up. She noted that she has a 64 gallon trash •container which is cheaper and
suggested that the City advertise this; she questioned if the blue recyclable containers are
actually recycled; she would like to know which trash hauler San Gabriel uses and suggested
the City obtain bids from other haulers.
A motion to close the public hearing was made by Council Member Chandler, seconded by
Council Member Amundson and seeing no further objection, the Mayor Pro Tempore declared
the public hearing closed.
It was moved by Council Member Chandler to authorize the City Manager to execute a seven
(7) year contract with Waste Management for the exclusive collection of residential refuse and
recyclables for the City of Arcadia and adopt Resolution No. 6663 setting the residential refuse
rate schedule for Fiscal Year 2009/10 and 2010/11 in accordance with the residential refuse and
recycle contract. MOTION DIED FOR A LACK OF A SECOND.
Carolyn Anderson, Waste Management Representative responded to questions posed by the
City Council regarding the proposed seven year contract and rate increase.
Council Members Kovacic and Amundson volunteered to contact elected officials of the cities of
Baldwin Park, San Dimas and La Verne regarding trash services with Waste Management, in
particular their satisfaction with the one day a week service.
01 -06 -2009
51:0005
It was moved by Council Member Kovacic seconded by Council Member Amundson to table the
Waste Management item to the City Council meeting of February 3, 2009.
PUBLIC COMMENTS
Gail Marshall appeared and suggested an ordinance to require shopping cart sensors around
businesses. She noted that West Covina has a new Bob's Big Boy and suggested the City look
into getting one in Arcadia.
REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK
Council Member Kovacic wished everyone a Happy New Year.
Council Member Amundson wished everyone a Happy New Year. He noted that he and Mayor
Harbicht attended a coming home get together for Lance Corporal Daniel J. Dolan who just
returned from Afghanistan; he noted that he has committed to buying a care package through
"Treats for Troops" once a month and urged anyone who is interested to do the same. He
discussed recent illicit activity in Arcadia and commended the Police Chief for his proactive
activities. He urged people to call the police if suspicious activity is suspected even if it is
reported anonymously. He announced the "Get your Kicks on Route 66" new exhibit opening at
the Museum and urged everyone to stop by.
Council Member Chandler urged residents to donate to the Meals on Wheels program.
Mayor Pro Tempore Wuo wished every a Happy New Year. He thanked Rose Queen Courtney
Lee and her Princesses for representing Arcadia and neighboring communities. He commented
on the City's budget.
City Clerk Barrows announced that an Apache Clothing and Toy Drive was held throughout the
Arcadia School District during the holidays and reported that 1,000 cubic feet of clothing and
toys plus $1,200 in gift cards were collected. He thanked everyone for their contributions and
generosity and wished everyone a Happy New Year.
Mayor Pro Tempore Wuo also commended and thanked the Acadia Fire Fighters Association
for their generous donation of $1,000 to Mr. Laidlaw, a school teacher at Arcadia High School
who lost his home in the Sylmar fires.
2. CONSENT CALENDAR
REDEVELOPMENT AGENCY ITEMS:
a. Approve the Regular Meeting Minutes of December 2 2008 and December 16
2008.
Recommended Action: Approve
CITY COUNCIL ITEMS:
b. Approve the Reaular Meeting Minutes of December 2 2008 and December 16
2008.
Recommended Action: Approve
01 -06 -2009
51:0006
C.
in accordance with the contract documents.
Recommended Action: Approve
A motion was made by Council /Agency Member Kovacic seconded by Council /Agency Member
Amundson and carried on roll call vote to approve items 2.a through 2.c on the City
Council /Agency Consent Calendar.
AYES: Council /Agency Member Kovacic, Amundson, Kovacic and Wuo
NOES: None
ABSENT: Council /Agency Member Harbicht
ADJOURNMENT
The City Council /Redevelopment Agency adjourned this meeting at 9:30 p.m. to Tuesday,
January 20, 2009, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W.
Huntington Drive, Arcadia.
James H. Barrows, City Clerk
By:
Lisa Mussenden, Chief Deputy City Clerk/
Records Manager
01 -06 -2009
r
YrylIMf
STAFF REPORT
Public Works Services Department
DATE: January 20, 2009
TO: Mayor and City Council
FROM: Pat Malloy, Assistant City Manager Public Works Services Director
Prepared by: Lubomir Tomaier, Principal Civil Engineer
SUBJECT:
Recommendation: Approve
SUMMARY
Over the past thirteen (13) years, the City of Arcadia has been involved in the federally
funded Seismic Reliability Program and Federal Water Resources Program to improve
the water system in the event of a major seismic event. Bucknam and Associates has
been an integral part of this program since its inception in 1995. Because of Bucknam
and Associates' involvement with several other cities in the Los Angeles and Orange
County area, staff has been able to take advantage of their knowledge and experience
in response to requests from the EPA and other federal agencies.
Based on the success of the City's programs and Bucknam and Associates
demonstrated competence and qualifications, staff is recommending that the City
Council authorize the City Manager to execute a Professional Services Agreement with
Bucknam and Associates for Program Management Support for the Water System
Seismic Reliability Program and related water programs in the amount of $45,000.
BACKGROUND
Since 1995, the cities of Arcadia and Sierra Madre worked with the Corps of Engineers
to perform feasibility level studies to safeguard our water supply systems from
earthquakes. The studies clearly identified water system elements that would be
severely damaged during a significant seismic event. The studies recommended
system improvements, which would assist the water system to remain in operation after
Page 1 of 3
Mayor and City Council
January 20, 2009
a major earthquake. The cities of Arcadia and Sierra Madre jointly applied for, and have
been successful in obtaining funds for EPA technical assistance grants for the design
and construction of the projects deemed to be most critical to maintain water operations
and fire suppression capability. During this time, the cities have obtained over $15.2
million dollars in federal assistance for the study, design, and construction of the
projects identified from the initial studies. In recent years the City completed
construction of a new 3.5 million - gallon reservoir at the Santa Anita water facility and
constructing a new 6,800 GPM booster station at Orange Grove water facility.
DISCUSSION
In order to ensure the continuity of water reliability programs, which includes submitting
quarterly progress reports to the EPA and providing consistent efforts to acquire
additional federal funds in the coming years, staff evaluated the need for professional
assistance through consultation services. As a result, Bucknam & Associates submitted
a proposal to continue providing on -call consultation to the City in conjunction with its
Water Resources Program. The proposal provided for the following scope of services:
1. Management of the Water Infrastructure Reliability Program This includes
management in technical matters relating to the design of the water
infrastructure projects within the program and representing the City while
interfacing with federal, state, and local agencies, and other consultants.
2. Management of the East Raymond Basin Water Resources Program This
includes management of the Santa Anita Watershed Feasibility Study being
developed jointly with the City of Sierra Madre and the Los Angeles County
Public Works Department. Both Sierra Madre and Arcadia, received a $20 million
dollar WRDA Authorization in 2008 which will be applied to the construction
improvements of the Santa Anita Debris Dam, Diversion Structure and
Spreading Grounds.
3. Consultation in coniunction with the City's federal appropriations request for FY
2008 -09 & 2009 -10 This includes consultation relative to the conceptual
development of federal funding program proposals for subsequent stages of the
program and providing liaison technical consultation and coordination with the
City's Washington D.C. advocacy firm, The Ferguson Group, LLC.
Staff has considered the merits of utilizing the consultation services provided by
Bucknam & Associates, particularly their extensive experience in the water
infrastructure programs area and the previous success in securing federal funding and
assisting staff with follow up reports and communication with the Federal Agencies
providing grant funding for specific projects. The continued utilization of Bucknam &
Associates in these areas greatly enhances the City's ability to continue these already
successful programs, while allowing City staff to provide the fundamental services
expected of a public works organization. Because of their knowledge of our projects
from the very beginning of this program,.the professional contacts and relationships that
Page 2 of 3
Mayor and City Council
January 20, 2009
have been made with our funding agency (USEPA) and the Corps of Engineers, staff
recommends that the City Council award a professional services agreement extension
to Bucknam and Associates for $45,000.
FISCAL IMPACT
Sufficient funds are budgeted in the 2008/09 CIP and Utilities Operating Budget for the
work to be performed during the twelve (12) month period of the Agreement and will be
proposed in the 2009/10 budgets.
RECOMMENDATION
Authorize the City Manager to execute a Professional Services Agreement with
Bucknam & Associates to continue Program Management Support of the Federal
Water Resources Program in the amount of $45,000.
Approved:
Donald Penman, City Manager
PM:LT
Page 3 of 3
:1
STAFF REPORT
Public Works Services Department
DATE: I January 20, 2009
TO: Mayor and City Council �f
FROM: Pat Malloy, Assistant City Manager /Public Works Services Director I V
Prepared by: Tom Tait, Deputy Public Works Services Director
Dave McVey, General Services Superintendent
SUBJECT:
SUMMARY
The California Air Resources Board (ARB) requires that all facilities with underground
fuel tanks have an Enhanced Vapor Recovery (EVR) System to control emissions at
gasoline dispensing facilities. The City is required to comply with the EVR mandate by
April 1, 2009. In compliance with the ARB mandate, staff recommends that the City
Council award a purchase order to West Tek Inc. for the installation of Enhanced Vapor
recovery (EVR) systems for the underground fuel tanks at the Police Station and Fire
Station #106 in the amount of $58,875.
DISCUSSION
Vapor recovery systems collect gasoline vapors that would otherwise escape into the
atmosphere during bulk fuel delivery or vehicle refueling. These vapors are a major
culprit in the formation of smog and pose a major health risk to the community. The
EVR program adopted by the California Air Resources Board (ARB) provides strict
requirements for vapor recovery systems to prevent gasoline vapors from escaping into
the air. The EVR controls emissions associated with vehicle fueling and the storage of
fuel at gasoline dispensing facilities. More importantly, the EVR systems are equipped
with nozzles that will eliminate spillage and dripping after fueling a vehicle. The City is
required to install the EVR system at its gasoline dispensing facilities by April 1, 2009.
Page 1 of 2
$ 58,875
Recommendation: Approve
Mayor and City Council
January 20, 2009
Notice of inviting bids were published in the adjudicated paper and the contractors
"green sheet ". Two contractors submitted sealed bids to the City Clerk. The City Clerk
publicly opened two (2) sealed bids on December 15, 2008 with the following results:
FIRM LOCATION BID AMOUNT
West Tek Inc. Spring Valley, CA $58,875
Encon Technologies Santa Fe Springs, CA $68,800
Staff has reviewed the bid documents for content and investigated the contractors'
background and recent projects for competency. It has been concluded that West Tek
Inc. is the lowest responsible bidder to provide the installation of enhanced vapor
recovery systems at Fire 106 and the Police Department in the amount of $58,875.
FISCAL IMPACT
Sufficient funds are budgeted in the 2008 -09 Capital Improvement Program for the
installation of the systems.
RECOMMENDATION
Award a purchase order to West Tek Inc. for the installation of Enhanced Vapor
Recovery Systems at Fire 106 and Police Department facilities in the amount $58,875
Approved: T>10arQ : Pemo-16.
Donald Penman, City Manager
PM:TT:DM:jb
Page 2 of 2
STAFF REPORT
DATE: January 20, 2009
Public Works Services Department
TO: Mayor and City Council
FROM: Pat Malloy, Assistant City Manager /Public Works Services Director
Prepared by: Lubomir Tomaier, Principal Civil Engineer
Ken Herman, Associate Civil Engineer
SUBJECT: APPROPRIATE $90.000 FROM THE WATER FUND TO BE ADDED TO
PIPELINE
Recommendation: Approve
SUMMARY
In March 2008, Longden Well No.2 was placed out -of- service due to nitrate
concentration levels in the water pumped from the well that were above what is allowed
by California drinking water standards. Longden Well No.2 is an important well in the
supply of water to the City's water system and the Longden Blending Pipeline project
will provide the means to continue to use the well while keeping nitrate levels within
acceptable limits. In order to meet the City's demand for water, it is recommended that
this project be added to the existing Water Main Replacement Project which was
approved as a part of the 2008 -09 Capital Improvement Program and appropriate
$90,000 from the water fund to support this work.
DISCUSSION
The City of Arcadia operates its own water supply and distribution system and supplies
over 17,600 acre feet of water to 13,400 customers each year. This is done by pumping
water from 13 wells located throughout the City. Recently drought and growth
conditions in Southern California have resulted in lower groundwater levels which have
made it more difficult to pump the water from the groundwater basins. The lower
groundwater levels also tend to affect the water quality characteristics of the water that
is pumped.
Nitrates are naturally occurring contaminates which have leached through the upper
ground surface from years of agriculture and ranching in Arcadia's history. Typically,
Page 1 of 3
Mayor and City Council
January 20, 2009
nitrate levels from Longden Well No.2 averaged at about 35 mg /L; which is below the
acceptable maximum concentration limit of 45 mg /L. In March 2008 nitrate levels were
measured at 48 mg /L and the well was ordered to be shut down by the California
Department of Public Health until a plan could be developed to ensure that excessive
nitrates would not be allowed into the water distribution system.
Over the next several months, staff worked with consulting engineers and California
Department of Public Health officials to develop a plan that involved blending the water
from Longden Well No.2 with water from Peck Well and installing devices that would
constantly monitor the nitrate concentration of the water and shut down Longden Well
No.2 if the concentration levels come close to the maximum concentration limit.
This plan was developed after the 2008 -09 Capital Improvement Program was
approved by the City Council and therefore was not included in the list of projects for
this fiscal year. Since the entire water supply system has to work harder to supply the
water demand for the City, it is important that Longden Well No.2 be returned to service
as soon as possible to help ease the burden on the system. The work involved in
installing the Longden Blending Pipeline is similar to the work that will be performed as
a part of the 2008 -09 Water Main Replacement project. Adding this work to the Water
Main Replacement project would allow the work to be accomplished in a timely manner
without adding an additional project to the Capital Improvement Program.
The cost for the Longden Blending Pipeline project is itemized as follows:
Design $ 7,000
Construction $ 65,000
Inspection and Contingencies 18,000
Project Total Cost $ 90,000
ENVIRONMENTAL IMPACT:
The construction of the Longden Blending Pipeline and monitoring system is considered
exempt from the provisions of the California Environmental Quality Act (CEQA) in
accordance with Title 14, Chapter 3, Section 15301 (b) of the California Code of
Regulations as a Class 1 Exemption, since it involves the operation and minor alteration
of an existing public utility facility and mechanical equipment. The California
Department of Health Services requires that a Notice of Exemption for this project be
filed with the State Clearinghouse as a part of their approval process.
FISCAL IMPACT:
Funds in the amount of $570,000 have been budgeted as a part of the 2008 -09 Capital
Improvement Program, for the design, inspection, and construction of water main
replacements at various locations within the City. It is recommended that additional
Page 2 of 3
Mayor and City Council
January 20, 2009
funds of $90,000 be appropriated from the water fund and added to this project for the
design, inspection and construction of the Longden Blending Pipeline.
RECOMMENDATION:
1. Appropriate $90,000 from the water fund to be added to the 2008109 Water
Main Replacement Project for the design, inspection and construction of
the Longden Blending Pipeline
Approved:
Donald Penman, City Manager
PM:LT:KH
Page 3 of 3
STAFF REPORT
Public Works Services Department
DATE: January 20, 2009
TO: Mayor and City Council
FROM: Pat Malloy, Assistant City Manager /Public Works Services Director ',;
Prepared by: Tom Tait, Deputy Public Works Services Director
Dave McVey, General Services Superintendent
SUBJECT:
SUMMARY
This year's Capital Improvement Budget includes a project to replace the air handlers at
the Library. The Library currently has two air handlers that were installed when the
Library was first built in 1961. Over the past ten years, the air handlers have
deteriorated significantly and can no longer be relied upon to properly heat and cool the
facility. Staff recommends that the City Council authorize the City Manager to execute a
contract with Pardess Air to install air handlers for heating and cooling in the Library in
the amount of $260,000.
DISCUSSION
Air handlers supply heating and cooling to 80% of the building space at the Library. An
air handler is a device used to condition and circulate air as part of the heating,
ventilating, and air - conditioning (HVAC) system. It is a large metal box that contains a
blower with heating and cooling elements and is connected to ductwork that distributes
the conditioned air throughout the entire building.
In 1996 when the library underwent an extensive remodel, most of the existing HVAC
devices were replaced with energy efficient equipment, unfortunately it was decided to
not replace the two air handling units and related piping due to the excessive costs
associated with replacing the apparatus. Currently, the air handlers are not operating at
full capacity because there is a significant loss of air flow through heating and cooling
coils (piping used to transfer heating or cooling loads from the energy source into the
ducted air stream).
Page 1 of 2
Mayor and City Council
January 20, 2009
In addition to the poor performance of the existing air handlers and the corrosion that
has taken place, condensation produced by the units has been causing some water
damage to the first floor of the Library. Cast iron piping that was installed during the
1996 remodel is chemically reacting with the original piping to the air handlers. This is
commonly referred to as dissimilar metals. The by- product of the reaction is damaging
the water containment pans. General Services Crews have been maintaining the pans
by welding and gluing steel panels to stop the water from leaking out of the pans,
however rust continues to cause irreparable damage. Moreover, a majority of the
containment pans are inaccessible to crews because they are located directly
underneath the large air handling units.
Notice of inviting bids were published in the adjudicated paper and the contractors
"green sheet". Five contractors submitted sealed bids to the City Clerk. The City Clerk
publicly opened five (5) sealed bids on December 15, 2008 with the following results:
FIRM LOCATION BID AMOUNT
1. Pardess Air Los Angeles $260,000
2. Los Angeles Air La Verne $280,000
3. Sheldon Santa Clarita $294,000
4. F.M. Thomas Brea $352,000
5. Scorpio Santa Fe Springs $364,000
Staff has reviewed the bid documents for content and investigated the contractors'
background and recent projects for competency. It has been concluded that Pardess
Air is the lowest responsible bidder to provide the installation of the air handlers for the
Library in the amount of $260,000.
FISCAL IMPACT
Sufficient funds are budgeted in ,the 2008 -09 Capital Improvement Program for the
installation of the air handlers.
RECOMMENDATION
Award a purchase order to Pardess Air for the installation of air handlers in the Library
in the amount $260,000.
Approved:
Donald Penman, City Manager
PM:TT:DM:jb
Page 2 of 2
U' 9
STAFF REPORT
Development Services Department
DATE: January 20, 2009
TO: Mayor and City Council
FROM: Jason Kruckeberg, Development Services Director - 5tJ L
Philip A. Wray, Deputy Director of Development S i s
By: Linda Hui, Transportation Services Manager W
SUBJECT: Award Purchase Order —Arcadia Transit Vehicle Replacement
Recommendation: Award a purchase order to Creative Bus Sales Inc. for
Arcadia Transit purchase of eight (8) paratransit replacement vehicles in
an amount not to exceed $504,261
SUMMARY
The U.S. Department of Transportation /Federal Transit Administration (FTA) Guidelines
allow paratransit vehicles to be replaced after a period of five (5) years of service and
upon reaching 100,000 miles. The eight (8) 2000 -model year Arcadia Transit vehicles
identified for replacement meet both criteria. A combination of Federal 5307 and
Proposition A Local Return funds will be utilized to finance the purchase of eight (8) new
vehicles at a cost of $504,261.
Staff recommends approval to award a contract for the purchase of eight (8) 20-
passenger paratransit units as replacement to an equal number of existing vehicles for
the Arcadia Transit dial -a -ride system. The amount requested is $63,033 for each
vehicle, for a total amount of $504,261. The vehicles will be purchased from Creative
Bus Sales, Inc. of Chino, California through a cooperative purchase agreement based
on the contract between the vendor and San Mateo County Transit District (SamTrans).
FTA allows transit agencies to 'piggyback" other contracts that meet FTA procurement
provisions.
BACKGROUND
During the past 33 years, Arcadia Transit has grown from a fleet of 4- passenger sedans
to a fleet of 12- to 20- passenger paratransit vehicles. Currently, the Arcadia Transit
fleet is composed of 18 vehicles including eight (8) 2000 model twenty- passenger, six
(6) 2004 model twelve- passenger, and four (4) 2004 model twenty - passenger vehicles.
The eight (8) 2000 model vehicles are now due for replacement.
Staff Report
January 20, 2009
Page 2
DISCUSSION
The eight (8) 2000 model paratransit vehicles that are due for replacement consist of
Ford-El Dorado gasoline - powered twenty- passenger vehicles. Of a handful of
manufacturers that make paratransit vehicles, Ford-El Dorado (chaise made by Ford
and coach made by El Dorado) is the most suitable for Arcadia. Based on consultation
with maintenance personnel at Southland Transit Inc., Arcadia Transit's operation and
maintenance contractor, and other neighboring transit agencies, the existing Ford-El
Dorado vehicles pose the least maintenance issues.
In order to save money and provide efficiency, FTA allows transit agencies to utilize
existing purchasing contracts. This practice is also known as "piggyback" purchase. In
the past, Arcadia Transit made piggyback purchases through the State of California's
contract. Although the current State contract does not provide Ford -El Dorado vehicles,
staff was able to obtain a contract that provides the desired vehicles. Through a
competitive bid, San Mateo County Transit District (SamTrans) entered into a contract
with Creative Bus Sales, Inc. to purchase paratransit vehicles in large quantities.
SamTrans' contract with Creative Bus Sales provides vehicle specifications similar to
Arcadia Transit's need. Purchasing vehicles through the SamTrans contract will allow
the City to benefit from economies of scale and time saved. In addition, the SamTrans
contract terms meet FTA procurement provisions.
The new vehicles will be delivered fully ' equipped with fare box, seat belts, air
conditioning systems, ADA- approved motorized wheelchair lifts, grab rails, Arcadia
Transit graphics, and many more necessary features. In addition, City staff will be
working with a graphic designer in the coming months to modernize and update Arcadia
Transit's logo, graphics, and image.
ENVIRONMENTAL IMPACT
This is not a project as defined in California Environmental Quality Act (CEQA) §15378,
thus the procurement is considered ministerial.
FISCAL IMPACT
The current replacement fleet is listed in the Regional Transportation Improvement Plan
(RTIP) for Los Angeles County, and budgeted in the City of Arcadia FY08 -09 budget
using a combination of 80% Federal 5307, 20% Proposition A Local Return funds. The
total cost to purchase the new vehicles is approximately $504,261. This procurement
does not require the use of General Fund dollars.
Staff Report
January 20, 2009
Page 3
RECOMMENDATION
Approve a purchase order for Creative Bus Sales Inc. under the SamTrans contract to
purchase eight (8) paratransit replacement vehicles for Arcadia Transit in an amount not
to exceed $504,261.
Approved: < 7�rn�
Donald Penman, City Manager
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STAFF REPORT
Police Department
DATE: January 20, 2009
TO: Mayor and Members of the City Council
FROM: Robert P. Sanderson, Chief of Police W
By: Nancy Chik, Senior Management Analys
SUBJECT:
Recommendation: Approve
SUMMARY
Staff recommends that the City Council authorize the City Manager to approve the
hourly compensation rate for Reserve Officer Level II to be set at "A' Step PT21 (Part
Time Salary Schedule, range 21), and with future rate increases tied to the five steps
within that range.
BACKGROUND
On February 21, 2006, the City Council approved the implementation of recruitment and
retention incentives for police sworn personnel and modified the compensation and
equipment program for reserve police officers. In the report, the Reserve Officer Level
I, who has achieved single -man patrol status, would be paid at an hourly rate equal to
an "A" Step Police Officer. The Reserve Officer Level Il, who has not achieved single -
man patrol status, would be paid at an hourly rate of $17.50. However, the report did
not tie in the $17.50 per hour rate to the part-time salary scale of PT21, as intended.
DISCUSSION
Since it was the intent to compensate the Reserve Officer Level II at an hourly rate
equal to range PT21 instead of just $17.50 per hour, staff recommends correcting the
oversight and establishing the hourly pay rate equal to an "A" Step PT21, which
currently is $18.53 per hour. Additionally, staff would like to build in salary step
increases for the five Level II Reserves since Level I Reserves are getting increases
because their compensation is tied to the Police Officer Salary Schedule.
There are five steps in the Part Time Salary Schedule, from Step A to Step E, and PT21
ranges from $18.53 to $22.52 per hour. Staff recommends that Level II Reserves be
allowed to advance to Step B after 6 months, and then to each subsequent step after 12
months of service.
FISCAL IMPACT
With the increase from $17.50 per hour to $18.53 per hour, the Department anticipates
an increase of approximately $1,300 per year. If Level II Reserves are allowed to move
to Step B after 6 months, then the cost would increase to $1,800. These amounts can
be absorbed in the FY 2008 -2009 Reserve Officer Salary account.
RECOMMENDATION
Authorize the City Manager to establish the hourly compensation rate for Reserve
Officer Level Il at PT21.
Approved:
Don Penman, City Manager
STAFF REPORT
Library and Museum Services Department
January 20, 2009
TO: Mayor and City Council
FROM: Carolyn Garner - Reagan, Director of Library and Museum Services
SUBJECT: Alcoholic Beverage Policv for the Ruth and Charles Gilb Arcadia Historical
Museum
Recommendation: Approve
SUMMARY
At their January 7, 2009 meeting, the Historical Museum Commission approved the attached
Alcoholic Beverage Policy which would allow beer and wine to be served at certain Museum
events.
DISCUSSION
Alcoholic beverages have been occasionally been served at Museum events since its
dedication in 2001. This proposed policy would regularize the circumstances and set forth the
stipulations under which alcoholic beverages may be served at Museum sponsored events.
FISCAL IMPACT
There is no fiscal impact to this policy.
RECOMMENDATION
Approve the Alcoholic Beverage Policy of the Ruth and Charles Gilb Arcadia Historical
Museum which has been approved by the Historical Museum Commission at their
January 7, 2009 meeting.
Approved by: ' �Dne �R
Donald Pemnan, City Manager
I S F �
17
Ruth and Charles Gilb Arcadia Historical Museum
Alcoholic Beverage Policy for
Museum Sponsored Events
Alcoholic beverages may be served at special events (such as exhibition opening
receptions) held at and sponsored by the Ruth and Charles Gilb Arcadia
Historical Museum or the City with the prior consent of the Director of Library and
Museum Services.
Service of alcoholic beverages will be limited to white wine, champagne and
beer. No hard liquor may be served.
Alcoholic beverages will only be permitted at those events which are targeted to
adult audiences. No alcoholic beverages will be permitted at events where a
large number of minors are expected. Alcoholic beverages may only be served
by persons over 21 years of age and only served to those individuals over 21
years of age.
In keeping with the City's Drug and Alcohol Policy, on -duty City staff is prohibited
from drinking at any time during an event.
For information on alcoholic beverage service at events where the Museum Patio
has been rented by an outside group, refer to the Museum's Patio Policy and
Agreement Form.
Approved by the Historical Museum Commission, January 7, 2009
M IA
STAFF REPORT
Recreation and Community Services Department
DATE: January 20, 2009
TO: Mayor and City Council
FROM: Sara Somogyi, Director of Recreation and Community Services
SUBJECT: Presentation of the ioint imp ovmnacium Aaeinn a► nnnm ee:AAi� c ti....i
Action: Receive and
SUMMARY
Staff members from the City of Arcadia and the Arcadia Unified School District have been
meeting with LPA Inc. architectural firm regarding the design for the joint use gymnasium
at Dana Middle School. The final design will be presented to you this evening.
The design was presented to the Arcadia Unified School District's Board of Education on
January 13 and to the Recreation and Parks Commissioners on January 14, 2009. This
design was submitted to Department of State Architecture for review and approval.
BACKGROUND
In January 2008, the Arcadia Unified School District and the City of Arcadia applied for a
grant from the Sate of California for a joint use gymnasium at Dana Middle School. A
joint use agreement was also approved in January 2008 by the City of Arcadia and the
Arcadia Unified School District as part of the State Grant application process.
In August 2008, Arcadia Unified School District and the City of Arcadia learned the project
site and the grant were approved by the State. Since that time, staff from the District and
the City has been working closely together on the project.
DISCUSSION
The project consists of a gymnasium with integrated restroom facilities, storage rooms,
office space and ancillary spaces. The gymnasium will have (6) basketball hoops and the
wood floors will be installed to allow poles to be set up for volleyball, badminton or other
net sports.
Construction on the project is expected to begin in October 2009, and the estimated
completion date of the project is October 2010.
FISCAL IMPACT
State Joint Use Funds: $1,500,000
City Funds: Not to exceed $2,000,000
District Local Bond Funds, Capital Facilities Funds: Not to exceed $2,000,000
RECOMMENDATION
Receive and file
APPROVED:
Donald Penman, City Manager
STAFF REPORT
Arcadia Redevelopment Agency
DATE: January 20, 2009
TO: Chairman and Redevelopment Agency Board
FROM: Jason Kruckeberg, Development Services Director D
By. Jerry Schwartz, Economic Development Managed %r
SUBJECT: Authorize the Executive Director to execute a Rent Subsidy Agreement
unprogrammed reserves
Recommendation: Approve
SUMMARY
The Redevelopment Agency approved a Purchase and Sale Agreement with the
Church in Arcadia to purchase its property at 21 Morlan Place and sell it a site on Live
Oak Avenue for a new Church building. The agreement included a provision for paying
the Church up to $2,000 per month for up to 18 months to cover costs if it were to
relocate temporarily to facilitate the Rusnak expansion. The Church has agreed to
relocate before its new building is completed, and the costs of temporary facilities are
greater than provided in the Purchase and Sale Agreement.
BACKGROUND
The Purchase and Sale Agreement with the Church in Arcadia was approved by the
City Council and Agency Board on February 5, 2008. Escrow closed on September 12,
2008. At that time, the Agency took ownership of the property at 21 Morlan Place. On
December 2, 2008, the Agency approved the terms of a lease with Rusnak/Arcadia to
store cars on this site. Rusnak is already using the parking lot for this purpose. Agency
staff has been working with Church leadership to arrange temporary relocation options
to allow Rusnak greater access to the property as part of its business expansion. This
could include complete demolition of the existing 18,292 sq. ft. building. A new
agreement is necessary to memorialize the actual cost for this relocation.
Staff Report
January 20, 2009
Page 2
DISCUSSION
In working with the Church leadership, there has been a willingness to consider
alternative sites for temporary relocation to accommodate Rusnak, which, of course, is
of large benefit to the City. The Church has needs for a location for Sunday services
and related congregational meetings, and a place for smaller meetings and activities
during the week that will also serve as a main office until the new facility on Live Oak
Avenue is completed. These needs will be met through the use of two properties. The
Church is renting Dana Middle School from the Arcadia School District on Sundays, and
leasing a 900 square foot office at 43 East Huntington Drive for its main office and small
meetings.
The Church has completed the application to use Dana Middle School, including
meeting the District's insurance requirements. It is scheduled to use Dana for the first
time on Sunday, February 15. Arcadia School District personnel have been very
accommodating to the Church and City staff in working out the rental arrangement. The
landlord has completed the tenant improvements for the office space at 43 East
Huntington Drive, and the Church is scheduled to move in this month.
The Arcadia School District charges for each use of its school sites, and the rate
charged is intended to cover costs. The cost for Dana Middle School will be about $750
per use, or $3,000 per month. The office space lease is approximately $1,000 per
month, including common area maintenance costs, but excluding utilities. The total for
the two spaces is $4,000 per month.
As mentioned above, the Agency's financial obligation for the Church's temporary
relocation under the Purchase and Sale Agreement is $2,000 per month for up to 18
months or until the Church occupies its new facility, whichever occurs first. It quickly
became apparent that $2,000 was insufficient to relocate the Church. The actual cost is
twice the amount in the Purchase and Sale Agreement. The City Attorney's office has
prepared a Rent Subsidy Agreement that serves as a modification to the Purchase and
Sale Agreement regarding the payment of the cost for temporary relocation. Under the
proposed agreement, the Agency would pay up to $4,000 per month, $3,000 for Dana
Middle School and up to $1,000 for the office at 43 East Huntington Drive. The
agreement specifies that the lease arrangements for both sites will be made directly
with and by the Church, and the Agency's only responsibility will be to make monthly
payments to the Church. The Church would vacate the 21 Morlan Place property by the
time it starts meeting at Dana Middle School. All other terms of the Purchase and Sale
Agreement will remain in place.
It is also necessary for the Agency Board to appropriate the additional funds for the cost
of the temporary relocation. Given that the Agency's cost under the proposed
agreement is $4,000 per month, and the Purchase and Sale Agreement included the
approval of $2,000 per month in temporary relocation costs, the Agency needs to
Staff Report
January 20, 2009
Page 3
appropriate an additional $36,000 ($2,000 per month x 18 months of payments). These
funds should come from the Agency's unprogrammed reserves. During this 18 month
period, the Agency should be receiving close to $36,000 in rent payments from its
leases with Rusnak/Arcadia for 35 West Huntington Drive and 21 Morlan Place, which
would effectively offset this additional appropriation.
FISCAL IMPACT
The impact to the Redevelopment Agency of the Rent Subsidy Agreement with the
Church in Arcadia will be a maximum of $36,000, equaling $2,000 per month for no
more than 18 months. The Agency should receive rent payments from Rusnak /Arcadia
that would effectively offset this temporary relocation cost. There is no fiscal impact to
the General Fund.
RECOMMENDATION
That the Redevelopment Agency Board authorize the Executive Director to execute the
Rent Subsidy Agreement with the Church in Arcadia, and appropriate $36,000 from the
Agency's unprogrammed reserves to fund the cost of the agreement.
Approved:
Donald Penman, City Manage
Director
oo❑
Iff STAFF REPORT
Arcadia Redevelopment Agency
DATE: - January 20;2009
TO: Chairman and Redevelopment Agency Board
FROM: Jason Kruckeberg, Development Services Director
By: Jerry Schwartz, Economic Development Manager jPS
SUBJECT: Authorize a budget allocation of $76,000 from the Aaency's
unprogrammed reserves to make payments to school districts under
Assembly Bill 1389
Recommendation: Approve
SUMMARY
Assembly Bill 1389 was a trailer bill that was passed as part of the State budget
compromise for FY 2008 -2009. It requires redevelopment agencies to report to the
County on its pass through payments of tax increment to all taxing entities, including
school districts. Despite making all of the required payments on time over the past four
years, the County Auditor - Controller's office is claiming that the Agency owes additional
amounts. The Agency is required to pay the additional payments to the school districts
by February 1, even if the amount is in dispute, or risk having the Agency shut down. A
budget allocation is necessary to make these payments.
DISCUSSION
Assembly Bill (AB) 1389 was passed late in the last legislative session as a trailer bill to
the 2008 -2009 State budget. The primary goal of the bill was to insure that
redevelopment agencies have been passing through a portion of their annual tax
increment received to school districts as required by the State Health and Safety Code.
AB 1389 required all agencies to complete a complex set of forms that reports how
much was paid to school districts and other taxing entities during a four year period
compared to the amount actually owed, and to provide for the payment of any shortfall.
This report was to be sent to the County Auditor - Controller.
Staff Report
January 20, 2009
Page 2
The Arcadia Redevelopment Agency complied with the requirement to file this new
report by November 1, 2008. Our report showed that we had made 100% of all required
payments to school districts and other taxing entities for each of the four years, and had
done so on time. The Los Angeles County Auditor - Controller, using a method of
calculation that we (and other redevelopment agencies) dispute, has claimed that we
owe an additional $76,000 to the school districts — Arcadia Unified, LA County School
District, and the Pasadena Community College District. We have already sent a letter
of protest to the County Auditor - Controller contesting their calculations and findings.
Unfortunately, AB 1389 requires that any payments owed to school districts, even if
disputed, must be paid by February 1 or all Agency activities can be shut down. We
plan to pay the disputed amounts, and to send the payments with a letter of protest
regarding the calculations used. This will allow the Agency to continue its projects and
activities. This approach has been recommended by the City's consultant HDL, and is
also being followed by many other redevelopment agencies. It should also be noted
that, if the Agency's dispute is upheld, no additional payments will be necessary.
In order to make these payments, the Agency needs to allocate $76,000 from
unprogrammed reserves. This represents the amount owed to the three school districts
referenced above. It should be noted that, if the Agency does not prevail in its protest, it
may be forced to pay an additional $48,000 to other taxing entities based on the
County's calculations. If so, staff will be requesting another budget allocation in the
near future.
FISCAL IMPACT
The impact on the Redevelopment Agency for 2008 -2009 is $76,000. If the Agency is
able to succeed in its protest regarding the County's methodology, it will reduce the
Agency's pass through obligation in 2009 - 2010. There is no impact on the General
Fund.
RECOMMENDATION
That the Redevelopment Agency Board authorize a budget allocation of $76,000 from
unprogrammed Agency funds to make additional pass through payments to school
districts as required by AB 1389.
Approved: J)o"o -4 �J
Donald Penman, City Manager /Executive Director