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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 v I r�! wr• 1 • � w,r r all r � � rsl l M ;�. , tal so r• r I 1+ ly d 1 A �+£ s + tY r 1 "/ y 4 .try �V i�tl yaks, mi w a r 1, Roaa CUP 08 ry -05 tt e4 Q o • e µ 1 ' � , � � ,�. �, 643 WDuarte Rd ! Arcadia ® Z one � . ,.. I ti y� t wr• 1 • � w,r r all r � � rsl l M ;�. , tal so r• r I 1+ ly d 1 A �+£ s + tY r 1 "/ y 4 .try �V i�tl yaks, mi w uuarte Roaa CUP 08 -05 A N 100 0 100 200 Feet R-3 ARCADIA AVE C-2 I I R -3 G2 G2 ( (831) (629) ( (627) (618) mg DUAR RD r5 R (692) (6u) (638) (650) R-3 i R -3 (612) �. 643 W Duarte Road � r,� CUP 08-051� 0 0 6 N = a LL 3 ° z { N <n S S f 11 t i I U, n 1 Ju 0 a s ! m� a� ui n 9j lr I' 6 i F � a ?i ! � ! S r- e 6 u ►1 v ►f �j y ° e g Y 3 5 x '?'F °12 r• N t H 1! m d m� ��lS< N H P �P EMERGENCY EMERGENCY F%T - EXR I1M 1 IST011AGE I n n ��-�- �� A RAI MEN! Vgd€1T9 -SIORAOF. =1 - 0 VEL' ",GULF TV - KBCIEN AREA O JI' AD KRO�N qt MEA .� .. SALES COUNTER ,. z 1•., I � iI J., r BOBAMILKTEA _ -- BALES I GOUNfERi CUD • I - -� TABLES& C HAIRS AREA C 17D TABLES & CHAIRS AREA . .. _ .. R - -._- ' ENTAANW . .... .. ... .. .. .. . RETAIL STORE ti'TVrgz s4� a, F 'raoE9�� ) 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 MM _W r hq , � , I' ui� -i Q'Im- "I 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 Etfeativp gate: a; 11C1612.1>g9 l `. itplidtlb0 Dais; 1113012009. - -- NO'TAt3t 2 6 1 0R ; CHAIR§ TO 89 POSTED IN A CONSPICtlQgg p C ;; ' NQT T.hAN8PISNABLB 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 JK:PAW:LH:pa v f�eorpmtM Aupa� f. 1943 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