HomeMy WebLinkAboutFebruary 3,2009CITY OF ARCADIA
CITY COUNCIL /REDEVELOPMENT AGENCY
REGULAR MEETING
TUESDAY, FEBRUARY 3, 2009
AGENDA
5:30 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
Pursuant to Government Code Section 54956(a) to confer with legal counsel
regarding the case of Westfield. LLC, et al. v. City of Arcadia, et al. and Caruso
Property Management. Inc. et al. (Real Parties in Interest) (Los Angeles Superior
Court Case No. BS108923) and the case of Arcadia First! v. City of Arcadia and
Magna Entertainment Corporation (Real Parties in Interest) (Los Angeles
Superior Court Case No. BS108937).
STUDY SESSION
a. Report, discussion and direction regarding Mid Year Budget.
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
Reverend Philip Wood, Church of the Good Shepherd
PLEDGE OF ALLEGIANCE
Hue Quach, Administrative Services Director
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 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.
REPORTS FROM MAYOR, CITY COUNCIL AND CITY CLERK
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 request specific items be removed from the Consent
Calendar for separate action.
REDEVELOPMENT AGENCY ITEMS:
a. Approve the Regular Meeting Minutes of January 20, 2009.
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.
CITY COUNCIL ITEMS:
Approve the Regular Meeting Minutes of January 20, 2009.
Recommended Action: Approve
C. Adopt Resolution No. 6670 denying Conditional Use Permit Application No. 08-
Recommended Action: Adopt
H
Recommended Action: Approve
2. CITY MANAGER ITEMS:
a. Authorize the City Manager to retain Lewis Events for event services at the City's
2009 July 4th celebration and waive the City's purchasing regulations relative to
competitive bidding.
Recommended Action: Approve
a
C.
and recycling contract with Waste Management Inc (Continued from January 6,
2009)
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
(Update regarding proposed Utility Users Tax Ballot Measure
Recommended Action: Receive and File
e. Report on Study Session - Mid Year Budget.
Recommended Action: Provide Direction
ADJOURNMENT
The City Council /Redevelopment Agency will adjourn this meeting in memory of Fred Coots,
Henry K Quart and Oral Petty to Tuesday, February 17, 2009, 6:00 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.
competitive bidding.
Recommended Action: Approve
51:0007
CITY COUNCIL /REDEVELOPMENT AGENCY
REGULAR MEETING MINUTES
TUESDAY, JANUARY 20, 2009
CALL TO ORDER
Mayor Harbicht called the Meeting to order at 6:00 p.m.
ROLL CALL OF CITY COUNCIL /REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council /Agency Member Amundson, Chandler, Wuo and Harbicht
ABSENT: Council /Agency Member Kovacic
A motion was made by Council /Agency Member Chandler seconded by Council /Agency
Member Amundson to excuse Council /Agency Member Kovacic.
CLOSED SESSION PUBLIC COMMENTS (5 minutes per person)
None
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.
Carolyn Garner - Reagan, Director of Library and Museum Services explained that 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
Historical Museum and the Community Center. Mrs. Garner - Reagan discussed the need for
larger and more classroom space. She noted that funds for the building would be raised by the
Arcadia Historical Society's Major Gift Committee and that approximately $10,000 has already
been set aside for this project. She explained construction costs and noted that the City would
incur an unknown fiscal impact related to staff time needed for the development of the design
and construction supervision including maintenance of the building.
The City Council unanimously approved, in concept, the proposed Museum Education Center
however did not commit City funds at this time due to budget constraints.
RECONVENE CITY COUNCIL /REDEVELOPMENT AGENCY MEETING TO OPEN SESSION
Mayor Harbicht called the regular meeting to order in the Council Chamber at 7:00 p.m.
01 -20 -2009
51:0008
INVOCATION
Reverend Terry Keenan, The Santa Anita Church
PLEDGE OF ALLEGIANCE
Director of Recreation and Community Services Sara Somogyi
ROLL CALL OF CITY COUNCIL/REDEVELOPMENT AGENCY MEMBERS:
PRESENT: Council /Agency Member Amundson, Chandler, Wuo and Harbicht
ABSENT: Council /Agency Member Kovacic
A motion was made by Council /Agency Member Chandler seconded by Council /Agency
Member Amundson to excuse Council /Agency Member Kovacic.
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 one (1) item listed on the posted agenda under closed session regarding an employment
matter (anticipated litigation), no reportable action was taken.
Mr. Deitsch also reported that the City Council also met in a Study Session to discuss and
provide direction regarding a proposed Museum Education Center which would be a facility
located on the existing Shuffleboard Court between the Ruth and Charles Glib Arcadia Historical
Museum and the Community Center. The City Council approved, in concept the proposed
project however did not commit City funds due to budget constraints.
SUPPLEMENTAL INFORMATION FROM CITY MANAGER /EXECUTIVE DIRECTOR
REGARDING AGENDA ITEMS
Mr. Penman noted that a corrected staff report regarding City Manager Item 3.b. (Joint Use
Gymnasium Design at Dana Middle School) and a corrected last page of the January 6, 2009
City Council minutes were distributed prior to the meeting.
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.
PUBLIC HEARING
CITY COUNCIL ITEMS:
a. - Appeal of Planning Commission denial of Conditional Use Permit No. 08 -05 and
Recommended Action: Approve
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51:0009
Jason Kruckeberg provided a brief overview regarding the appeal and parking requirements
Jim Kasama presented the staff report regarding an appeal of the Planning Commission's denial
of Conditional Use Permit Application No. 08 -05 to add tables and chairs for 18 patrons at an
existing tea and yogurt shop located at 643 W. Duarte Road which included a parking
modification request. He noted that the Development Services Department recommended that
the City Council approve the Planning Commission's denial and uphold the denial of the
application. He explained that the Planning Commission's denial was based on the
determination that there was insufficient parking on the site to expand the use of the two take
out only businesses. He further explained that the appellants contended that there was
sufficient parking and the tea shop had been operating with tables and chairs since 2003 and
was never made aware of the take out limitation. Mr. Kasama provided a brief history of the
yogurt and tea shop. Mr. Kasama noted that the business license was issued subject to the
condition that food and beverages were served on a take out only basis and that no seating for
customers was allowed. He summarized the existing uses at the center and the corresponding
number of required parking spaces based on the City's current parking requirements. Mr.
Kasama recommended denial of Conditional Use Permit Application No.08 -05 due to the site's
intense uses and parking deficiency.
Mayor Harbicht opened the public hearing.
John Yarmoski, Esq., representing the applicant appeared and explained that the yogurt shop is
no longer in business and asked that the request be forwarded back to the Planning
Commission for reconsideration. He explained the parking situation and due to the closure of
the yogurt shop, parking may not be an issue. He presented a petition signed by 30 patrons in
support of the business and a photograph of the area.
A motion to close the public hearing was made by Council Member Chandler, seconded by
Council Member Amundson and seeing no further objection, Mayor Harbicht declared the public
hearing closed.
It was moved by Council Member Chandler seconded by Council Member Amundson and
carried on roll call vote to uphold the Planning Commission's decision to deny the appeal of
Conditional Use Permit Application No. CUP 08 -05 and direct staff to prepare a resolution
incorporating the City Council's decision and specific findings for adoption at the next scheduled
City Council meeting.
AYES: Council Member Chandler, Amundson, Wuo and Harbicht
NOES: None
ABSENT: Council Member Kovacic
PUBLIC COMMENTS
Kelley Linden, Chief Operating Officer of Methodist Hospital provided a report regarding
construction and new changes that will take place over the next three years at Methodist
Hospital.
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51:00010
REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK
Council Member Amundson noted that a dear friend of his, Phillip Ostegaurd gave him a book
entitled "The Inspired Wisdom of Abraham Lincoln" for the Arcadia Public Library in memory of
his wife, Irma, who recently passed away. He noted that Mrs. Osteguard was a teacher for 35
years and 25 years of those years were spent at Camino Grove School. He commented on the
presidential inauguration and wished the new President well.
Council Member Chandler commented on the presidential inauguration and wished the country
well.
Mayor Pro Tempore Wuo noted that he attended a seminar with Police Captain Gioia regarding
human trafficking. He commented on the Neighborhood Watch Program. He announced that
next week is Chinese New Year and wished everyone a Happy New Year.
Mayor Harbicht commented on the inauguration; he announced the Mayor's Prayer Breakfast is
on March 27 and invited the community to attend; he noted that the celebration will be "Arcadia
one of the best places to raise your kids" which was named by Business Week Magazine and
the guest speaker will be Dr. Laura Schlessinger who is a KFI radio host and a very strong
advocate of children and children rights. He commented on the impact on the community if
Santa Anita Race Track closed and a new development with homes, stores and offices were
built. He also commented on the closure of Hollywood Park and Bay Meadows and the
development projects anticipated for those spaces.
City Clerk Barrows noted that at the last Presidential inauguration, he and his wife chaperoned
the Arcadia High School Band to Washington, D.C. who performed.
2. CONSENT CALENDAR
Approve the Regular Meeting Minutes of January 6, 2009.
Recommended Action: Approve
CITY COUNCIL ITEMS:
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
d. Authorize the City Manager to execute a contract with West Tek Inc. for the
Recommended Action: Approve
01 -20 -2009
51:00011
Appropriate $90.000 from the water fund to be added to the 2008 -09 Water Main
Replacement Project for the design and construction of the Longden Blending
Pipeline.
Recommended Action: Approve
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.
Recommended Action: Approve
g. 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.
Recommended Action: Approve
h. Authorize the City Manager to establish the hourly compensation rate for
Reserve Officer Level II at PT21.
Recommended Action: Approve
Council /Agency Member Amundson requested that Consent Calendar Item 2.g be pulled for
discussion.
A motion was made by Council /Agency Member Chandler seconded by Council /Agency
Member Amundson and carried on roll call vote to approve items 2.a through 2.f and 2.h on the
City Council /Agency Consent Calendar.
AYES: Council /Agency Member Chandler, Amundson, Wuo and Harbicht
NOES: None
ABSENT: Council /Agency Member Kovacic
ABSTAIN: Mayor Harbicht (Consent Calendar Items 2.a and 2.b)
At the request of Council /Agency Member Amundson regarding Consent Calendar Item 2.g, Phil
Wray, Deputy Director of Development Services explained that the budgeted funds are
restricted for transit purposes only. He explained that the funds are transit capital related and
must be spent within a three year period. He noted that the current transit vans are beyond
their serviceable life and have upwards of about 150,000 miles and need to be replaced.
Mr. Penman noted that 80% of the money is federal transportation capitol money and cannot be
used for any other purpose then transit capital projects. He further noted that the other 20%
comes from Prop A money which also has to be used for transportation related purposes only.
In response to a question by Mayor Harbicht regarding what other uses can be the money spent
on, Mr. Wray responded that the monies can be used for bus stops, alternative fuel upgrades
and retrofits as noted in the staff report, or a fueling station at the service center. He further
responded that there are other uses but they all have to be related to transit service.
Mr. Wray noted the money is closely monitored by the Federal Government and through the
auditing process all monies are reported.
Mr. Penman discussed the aftermarket conversion of the transit buses; he indicated that staff
will conduct a more detailed analysis and bring back to a future Council meeting a report with a
recommendation whether the City Council wishes to pursue the aftermarket conversion to CNG.
01 -20 -2009
51:00012
A motion was made by Council /Agency Member Amundson seconded by Council /Agency
Member Chandler and carried on roll call vote to approve Consent Calendar item 2.g on the City
Council /Agency Consent Calendar.
AYES: Council /Agency Member Amundson, Chandler, Wuo and Harbicht
NOES: None
ABSENT: Council /Agency Kovacic
3. CITY MANAGER /EXECUTIVE DIRECTOR ITEMS:
a. Approve an Alcohol Policy for the Ruth and Charles Gilb Arcadia Historical
Museum.
Recommended Action: Approve
Carolyn Garner - Reagan, Director of Library and Museum Services provided the staff report
regarding the establishment of an Alcohol Policy to allow beer, white wine and champagne at
the Ruth and Charles Glib Historical Museum. She noted that the policy was approved by the
Arcadia Historical Commission. She further noted that alcohol has been served at certain
events at Museum since it opened in 2001. She advised that City Attorney Steve Deitsch has
reviewed the Alcohol Policy and recommended changes which were included.
Mr. Penman noted that the only two City events where alcohol is served are the Commissioner's
Dinner and the Volunteer Silver Circle and any other event that may appear to be a City event is
usually sponsored by an outside group such as an employee association.
At the request of Council Member Chandler, Mr. Deitsch explained potential liability relating to
alcohol.
In response to an inquiry by Mr. Penman regarding outside groups, Ms. Garner - Reagan
responded that there is a Museum Patio Policy which allows non - profit groups to rent the
museum however due to scheduling conflicts the. patio has never been rented out. She
indicated that she is in the process of submitting to the Museum Commission a revised Museum
Patio Policy similar to the Community Center policy that allows outside groups to obtain an ABC
liquor license.
A motion was made by Council /Agency Member Chandler seconded by Mayor Harbicht and
carried on roll call vote to adopt an Alcohol Policy for the Ruth and Charles Gilb Arcadia
Historical Museum.
AYES: Council /Agency Member Chandler, Harbicht, Amundson and Wuo
NOES: None
ABSENT: Council /Agency Member Kovacic
b. Presentation of the Joint Use Gymnasium Design at Dana Middle School.
Recommended Action: Receive and file
Sara Somogyi, Director of Recreation and Community Services presented the staff report
regarding the Joint Use Gymnasium Design at Dana Middle School. She noted that in January
2008, the Arcadia Unified School District and the City Arcadia applied for a grant from the State
fora joint use gymnasium at Dana Middle School and in August 2008 learned the project site
and grant were approved. She further noted that State has allocated $1.5 million dollars to the
01 -20 -2009
51:00013
project but currently the funds are frozen until the State decides its funding sources which will
be reevaluated in July. She noted that staff and the Arcadia Unified School District have been
meeting with LPA, the architectural firm designing the gymnasium at Dana Middle School
because of certain approval processes and deadlines that have to be completed through the
State Department of Architecture.
Noah Toomey of LP Architecture was present and provided a PowerPoint overview of the
gymnasium design.
It was the consensus of the City Council to receive and file the report as presented.
C. Authorize the Executive Director to execute a Rent Subsidy Agreement with the
Recommended Action: Approve
Jason Kruckeberg, Development Services Director noted that the Redevelopment Agency
approved a Purchase and Sale Agreement with the Church in Arcadia at 21 Morlan Place and
sold it a site on Live Oak Avenue for a new church building. He further noted that the Purchase
and Sale Agreement included a provision for paying the Church up to $2,000 per month for
relocation costs if it were to relocate temporarily to another site in order to facilitate the Rusnak
expansion. He advised that the Church is in the process of relocating and the costs of the
temporary facilities are higher than provided in the Purchase and Sale Agreement. He further
advised that Rusnak has moved into the self- storage building and an agreement has been
successfully worked out with Rusnak which allows them the ability to park cars on the 21 Morlan
Place site.
Jerry Schwartz, Economic Development Manager reported that the City has been working with
the Church in Arcadia to find them an alternative location. He further reported that arrangements
have been made with the School District to have the Church use Dana Middle School for their
Sunday morning congregational services and meetings. He noted that for Church office use
and leadership activities they will be leasing office space at 43 E. Huntington Drive. He advised
that the office space lease is $1,000 per month and the School District is $750 per use or
$3,000 per month which combined exceeds the $2,000 in relocation costs as provided for in the
Purchase and Sales Agreement by about $2,000. He further noted that the Agreement provides
for relocation costs for 18 months or until they move into the Live Oak facility. He further
advised that the City Attorney has already prepared a Rent Subsidy Agreement that serves as
an amendment to the Purchase and Sales Agreement to cover the additional relocation costs
for the additional $2,000 or $4,000 per month. Mr. Schwartz noted that the Agency will receive
close to $36,000 in rent payments from its leases with Rusnak which would offset this additional
appropriation.
A motion was made by Council /Agency Member Chandler seconded by Mayor Pro Tem /Agency
Vice Chair Wuo and carried on roll call vote to authorize the Executive Director to execute a
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.
AYES: Council /Agency Member Chandler, Wuo, Amundson and Harbicht
NOES: None
ABSENT: Council /Agency Member Kovacic
01 -20 -2009
51:00014
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
Jerry Schwartz, Economic Development Manager explained that AB 1389, a trailer bill, was
passed as part of the 2008 -09 State budget which requires redevelopment agencies to report to
the County its pass through payments of tax increment to all taxing entities, including school
districts and other special districts. He further explained that the Redevelopment Agency has
complied by making such payments over the required four year period but the County has
claimed that the Redevelopment Agency owes an additional $76,000. He noted that the
Redevelopment Agency has sent a letter to the Los Angeles County Auditor - Controller disputing
their method of calculation and other redevelopment agencies have done the same. He further
noted that AB 1389 requires that payments owed to school districts, even if cities have disputed,
be paid by February 1 or all Agency activities can be shut down.
A motion was made by Council /Agency Member Chandler seconded by Mayor Pro Tem /Agency
Vice Chair Wuo and carried on roll call vote to 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.
AYES: Council /Agency Member Chandler, Wuo, Amundson and Harbicht
NOES: None
ABSENT: Council /Agency Member Kovacic
ADJOURNMENT
The City Council /Redevelopment Agency adjourned this meeting in memory of Hal Libby and
Fred Kennedy at 8:47 p.m. to Tuesday, February 3, 2009, 5:30 p.m. in the City Council
Chamber Conference Room located at 240 W. Huntington Drive, Arcadia.
James H. Barrows, City Clerk
i
I
By:
Lisa Mussenden, Chief Deputy City Clerk/
Records Manager
01 -20 -2009
STAFF REPORT
Development Services Department
DATE: February 3, 2009
TO: Arcadia City Council
FROM: Jason Kruckeberg, Development Services Directoroz
By: Jim Kasama, Community Development Administrator+
Prepared By: Steven Lee, Assistant Planner h—
SUBJECT: RESOLUTION NO. 6670 — A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ARCADIA, CALIFORNIA DENYING CONDITIONAL USE PERMIT
YOGURT SHOP TO ADD SEATING FOR 18 PATRONS AT 643 W.- DUARTE
ROAD.
SUMMARY
On January 20, 2009, the City Council voted 4 to 0, with one member absent, to deny the
appeal of Conditional Use Permit Application No. CUP 08 -05, and the related parking
modification, to add seating for 18 patrons at an existing 2,390 square -foot cafe and yogurt
shop at 643 W. Duarte Road. Both businesses were issued business licenses with a condition
prohibiting tables and chairs for customers. The City Council denied CUP 08 -05 and the
related parking modification after determining that the subject property did not contain
adequate parking facilities to accommodate two additional eating establishments. Attached is
Resolution No. 6670 and the staff report from the January 20, 2009 meeting.
RECOMMENDATION
The Development Services Department recommends that the City Council adopt Resolution
No. 6670, thereby formalizing denial of the appeal of Conditional Use Permit Application No.
CUP 08 -05.
Approved by:
Donald Penm n, City Manager
Attachment: Resolution No. 6670
City Council Staff Report from January 20, 2009
RESOLUTION NO. 6670
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, DENYING CONDITIONAL USE PERMIT APPLICATION
NO. CUP 08 -05 AND THE RELATED PARKING MODIFICATION FOR
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. for 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; and
WHEREAS, on December 9, 2008 the Planning Commission voted 4 to 0, with one
member absent, to adopt Planning Commission Resolution No. 1784 denying CUP 08 -05; and
WHEREAS, on December 15, 2008, Planning Commission Resolution No. 1784 was
appealed to the City Council; and
WHEREAS, a duly noticed public hearing was held before the, City Council on
January 20, 2009, at which time all interested persons were given full opportunity to be heard
and to present evidence.
NOW, THEREFORE, THE CITY COUNCIL 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 January 20, 2009 is true and correct.
SECTION 2. This Council finds:
A. That the 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.
1 Resolution No. 6670
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.
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 Council denies 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.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
Passed, approved and adopted this 3` day of February, 2009.
Mayor of the City of Arcadia
ATTEST:
City Clerk of the City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
2 Resolution No. 6670
STAFF REPORT
Development Services Department
DATE: January 20, 2009
TO:
FROM:
SUBJECT:
SUMMARY
Arcadia City Council
Jason Kruckeberg, Development Services Director;,7.4
By: Jim Kasama, Community Development Administrator(
Prepared By: Steven Lee, Assistant Planner T
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 caf6 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.
The applicants are proposing to expand the two (2) existing businesses in the same unit (the
tea cafa 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
Appeal of CUP 08 -05
643 W. Duarte Rd.
January 20, 2009 — page 2
Parking
Unit#
Use
Sq. Ftq.
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"
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
651C
Take- out caf6
1,102
6
651D
Clothing boutique
980
5
651E
Take -out cafa
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
/A
ATM (bank)
200
1
_N
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
y asoy y4
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
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 cafe 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 cafe 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 cafe 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 -655 W. Duarte Rd. — Existing Uses and Parking Requirements
*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
Loilicup 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
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
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
6518
Restaurant
640
3
Legal nonconforming
651C
Take- out caf6
1,102
6
651D
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
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
Loilicup 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.
Cyx�
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
l�
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
sl_eeaci.arcadia.ca. us
Community Development
Attachments: Aerial Photo and Vicinity Map
Plans
Parking Survey
Photos
Preliminary Exemption Assessment
CUP 08 -05
643 W. Duarte Rd.
November 25, 2008 - page 6
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643 W. DUARTE RD., ARCADIA, CA 91007•/* -
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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
10/18/08
Saturday
10/19/08
Sunday
11:00AM
117
104
108
113
105
106
109
12:OONOON
62
46
49
50
48
53
55
1:00PM
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
5: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.
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PRELIMINARY EXEMPTION ASSESSMENT
�° «• • "'� (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: Bobs 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
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:
❑ The project is statutorily exempt. Applicable Exemption:
Section No.:
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 PERMrr
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 cafe 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 ahe 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
cant' the kind of traffic generated by the proposed use, but the on -site parking is insufficient
to accommodate the proposed use.
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 cafe 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.
�J vWnz�
Chairperson, Planning Commission
ATTEST:
X ecklary, Planning Commission
APPROVED AS TO FORM:
1
Stephen P. Deitsch
City Attorney
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 ary of the Planning Commission
BOBA TEA ZONE, INC.
643 W. Duarte Rd.,
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
Bobs Tea Zone, Inc.
643 W. Duarte Road, Arcadia
REND IiY: AM 0200013929 ?;
PAYOR.
TODAY'S DATE: 12/16/08
REGISTER DATE: 121 TIME: 12:51
DESCRIPTION AMGONT
COST INPLANNING COMMI APPEAL
PLANNING APPLICATION $5401 GG
TOTAL DUE: 8543.00
CHECK PAID: $540.00
CHECK N0: 1173
TENDERER-
CHANGE-
Dear Honorable Mayor, Mayor Pro Tent 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 first 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 Shong o 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.
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,
7881
I 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 yz 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 likely 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.
2
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. 1 OF ARCADIA i
240 West Huntington Drive • P.0. Box 60021 • Arcadla, CA 91066
. (626) 574 -MO • Fax (626),44779173 • Attn Bus. License Office R F-0 E f V E D
BUSINESS LICENSE APPLICATION DEC - 8 2003
City Review and Approval
Al V LCAMLT - M 000500n9 must rrs COSWYIOU' VIRrYWI:(r �,';; j yy{ art U
,s Name &8A 76A 24W& � , h r[. - Business Phone ) 1?1 rA- li /6�
: ,hesa Address t r ? W QV RTR 120 Business Fax (W) 2g-?Q
, 1ZfAQZA CA 9Md6
I Owner ofBusiness i CWAA// (. /A/ Phone No. (1V4 2 ;rq (MXP
Owner of Building - -9ICHARD L"ar i - Phone No. ( )_
Type of Business TL'67A; j r,2CD» SO4LA -S
Describe business activity In detail
Previous type of business at this address (/AMIV 6%v A.r - VACJ�rNr AT -riwe OP LFLISF S1FIXI
Date when previous business was closed? J,/��`�- wJ Is this a change of business ownership? U Yes ❑ No
Do you propose any alterations to the building? OYea O 0
WIII training or classes be conducted on the premises? O Yes M010 - If Yes, how many persons will be attending?
List the types and amount of flammable or explosive liquids to be used (If any): ✓aT�jr-
WIII your business discharge wastewater from other then reslrocros, tanking fountains, showers, or air conditioners used for human comfort? ❑ Yes "a
Will your business discharge any wastewater from any manufacturing, processln , Institutional, commercial, or any other operation where
to
#*We mwkxAdesd ntlf
gramdnm.hrnanoAgh? OYea 20
If your business is the same as the previous tenant, did the previous tenant have an Industrial Wastewater Discharge Permit? OYss "0
Please check if your business Includes one of the following:
❑ Restaurant
❑ Commercial Laboratory
0 Auto Dealer
0 Hospital with Overnight Beds
❑ Hotel
l7 Manufacturing
❑ Auto Repair Shop
0 Radiator Shop
t9"hetall Food Sales
O Chemical Laboratories
0 Automotive Service Station
❑ Centralized Food Processing Facllifle
0 Bakeries
0 Warehouse
❑Car Wash or Truck Wish -
Cl Centralized Film Processing Facilities
O School
❑ Film Processing Services
O Kennels and Animal Hospitals
❑ Cleaners and Laundries (not -coin
operated).
I CERTIFY THAT I HAVE READ THE STATEMENTS CONTAINED IN THIS APPLICATION AND THAT THEY ARE TRUE AND CORRECT.
Tc°95
Nup�
�mJr A 201,
Data: Signature of
SUSINES& U CENOE PERV F1
The Perak firm or corporation named below longire
in, carry on or conduct ths business, lradi: 061116
andorserrient, n6roartification 61 o6mplisnot witK oil
zoning raguistions, This certificate is 1wed willhovi
Business Name:
Bobs Teazone. [no MOM
p
Business Location: 644W Duarte Pod Aroadii.CA Desdiiptl
Sualnese Ownefl a): Mle Shong Lin
BOBATEAZONE,INC
643WDUARTERD
ARCADIkCA 910.00
TO 09 POSTUD IN A
Accout
RETAIL FATINOANP DRINKING
..
umber
043697
$253.10
j:
1�
STAFF REPORT
Development Services Department
DATE: February 3, 2009
TO: Mayor and City Council
FROM: Jason Kruckeberg, Development Services Director
Philip A. Wray, Deputy Director of Development Services f`
Prepared by: Tim Kelleher, Senior Engineering Assistant
SUBJECT: AWARD CONTRACT— CURB RAMP REPLACEMENT PROJECT
Recommendation: Authorize the City Manager to enter into a contract
with S J Grigolla Construction Company in the amount of $25,400
SUMMARY
The City of Arcadia receives an annual allotment of Community Development Block
Grant (CDBG) funds from the U.S. Housing and Urban Development Agency. In the
past, the City has used its CDBG funds for public service projects (Meals on Wheels,
Senior Citizen, Social Services, etc.) with the majority of the funds going to housing
rehabilitation for low to moderate income families. In this year's budget of CDBG funds,
the City Council approved the use of $50,000 for a curb ramp replacement project. The
curb ramp replacement project will remove and replace substandard curb ramps with
current standard ramps in the public right -of -way along Santa Anita Avenue.
Staff has completed plans and specifications, advertised and opened bids on January
22, 2009. The successful low bidder was S. J. Grigolla Construction Company, Inc. in
the amount of $25,400.
__Staff is recommending -that _ the-City Council_ award_ a contract_ for_ the Cur b_ Ramp____
Replacement Project to S. J. Grigolla Construction Company, Inc. in the amount of
$25,400.
BACKGROUND
The City of Arcadia receives an annual allotment of Community Development Block
Grant (CDBG) funds from the U.S. Department of Housing and Urban Development.
The allotment is based on a formula and fluctuates; however, is typically around
Staff Report
Award Contract — Curb Ramp Replacement
February 3, 2009
Page 2
$400,000 per year. The funds can be used for a variety of programs and projects that fit
into HUD's broad 'objective of providing decent housing and a suitable living
environment. How and where the funds are used are largely at the discretion of
individual agencies. To this end, an annual "Statement of Objectives and Projects for
Use of CDBG Funds" is annually approved by the City Council.
A portion of the total annual allotment may be appropriated for community development
improvements such as curb ramps and sidewalks. On January 15, 2008 the City
Council approved the "State of Objectives and Projects" which included $50,000 for a
curb ramp replacement project. This particular project will replace non - standard curb
ramps with currently approved 'Americans with Disabilities Act standard ramps. The
project will concentrate on Santa Anita Avenue between Duarte Road and Huntington
Drive. A location map is attached for reference.
The project was advertised and bids opened on January 22, 2009 with S. J. Grigolla
Construction, Inc. as the low bidder.
DISCUSSION
Bids to construct the Curb Ramp Replacement Project were received and opened on
Thursday, January 22, 2009. There were 14 bidders as follows:
S. J. Grigolla Construction
$25,400
Elite Construction
$28,545
Gentry Brothers
$34,200
F.S. Construction
$35,000
Grigolla & Sons
$35,749
Karmx Inc.
$37,294
HYM Engineering
$37,692
Haitbrink Asphalt Paving
$41,337
E. C. Construction
$42,330
International Pavement Solutions
$46,150
C. J. Construction
$46,600
Ortiz Asphalt Paving
$49,604.21
Nobest Inc
$53,000
Elite Bobcat Services
$56,875
S. J. Grigolla Construction, Inc. was the successful low bidder at $25,400. Staff has
investigated S. J. Grigolla Construction and found them to be qualified to perform the
work. It is anticipated that the work will begin in early March and be substantially
complete by the end of the same month.
Staff Report
Award Contract — Curb Ramp Replacement
February 3, 2009
Page 3
ENVIRONMENTAL IMPACT
The project is categorically exempt per Section 15301 Class 1(c) from the requirements
of California Environmental Quality Act (CEQA).
FISCAL IMPACT
Community Development Block Grant (CDBG) Funds in the amount of $50,000 have
been approved in the 2008 -2009 Capital Improvement Program to complete this project.
RECOMMENDATION
Authorize the City Manager to enter into a contract with S. J. Grigolla Construction Inc.
in the amount of $25,400 for the Curb Ramp Replacement Project.
Approved By: ��9�.��
Donald Penman, City Manager
JK:PAW:TOK:pa
WIRT,
STAFF REPORT
Recreation and Community Services Department
DATE: February 3, 2009
TO: Mayor and City Council
FROM: Sara Somogyi, Director of Recreation and Community Services
SUBJECT: AUTHORIZE THE CITY MANAGER TO RETAIN LEWIS EVENTS FOR
EVENT SERVICES AT THE CITY'S 2009 JULY 4 CELEBRATION AND
REQUEST TO WAIVE THE CITY'S PURCHASING REGULATIONS WITH
REGARD TO COMPETITIVE BIDDING
Recommendation: Approve
SUMMARY
The City of Arcadia is hosting a 4th of July celebration this year featuring an aerial
fireworks show, entertainment and games. To facilitate the procurement of performers,
games, supplies and equipment for this event staff is recommending the use of an events
management company. Contracting with one company for these services minimizes the
number of individual contracts that need to be executed and will do much to ensure an
orderly set -up the day of the event.
Lewis Events worked previously on the 4th of July celebration in 2005 as well as other
events. Lewis Events has completed and proven to provide the services requested and
within budget. Staff has had several discussions with Lewis Events regarding the event in
2009 and is recommending that the City Council approve the use of their services at a
cost of up to $35,000.00.
DISCUSSION
The activities planned for the July 4 Celebration are specifically designed to meet a
variety of needs. Attracting people to the event and offering fun things to do to keep their
interest once they are there is a primary goal. Focusing the activities in one central place
(the track and field) is important because that helps create excitement and a festive
atmosphere. At the same time, we needed to be cognizant of the special requirements of
holding such an event on the high school's synthetic turf field and the surrounding track.
To protect the field surface we have intentionally selected activities that will not require
implements to be placed in the ground (field /track) and we are minimizing the use of
tables and chairs.
From an event management/logistical point of view, there is benefit to purchasing a group
of similar services from one source rather than executing separate contracts with each
supplier. Lewis Events has submitted a proposal to the City that covers the following
items: entertainment, interactive games, patriotic decor, a sound system, equipment
rental (sound system, tables, chairs, and miscellaneous supplies), insurance, labor and
delivery and professional services. Their proposal is in the amount of $33,247.00, which
is subject to change based upon the City's actual needs on the day. For your reference,
the entertainment and games that will be provided are a live band, a disc jockey, two
roving jugglers, one stilt walker, three balloon artists, a panning for gold and roping corral,
an inflatable giant climb, slide, climbing mountain, western maze, obstacle course, ladder
and bounce houses.
Since the scope of services may be refined and modified to some extent over the next
few months prior to the event (e.g. we may need more tables and chairs, a different
sound system, there may be some insurance issues, etc.), staff is recommending that the
City Council authorize staff to retain Lewis Events for event management services related
to the July 4 celebration in an amount of up to $35,000.00. The additional money
($1753.00) will only be used if it is necessary; however; having the Council's authorization
for this amount will facilitate any changes that need to be made in terms of allowing staff
to proceed without having to go back to the City Council for approval to spend the
additional amount.
In addition to authorizing the retention of Lewis Events this report also asks that due to
the unique service we are purchasing, that the City Council waive the City's purchasing
regulations with regard to competitive bidding. Experience, reputation and track record is
more important in this instance than seeking the services at the lowest possible cost.
FISCAL IMPACT
Currently there is $49,000 in a trust fund earmarked for the event. Oak Tree Racing
Association and Santa Anita Park will jointly pledge a $10,000 donation to the event. The
event will cost approximately $80,000 to operate. Staff is going to continue to try and
secure additional sponsorships to make up the difference; otherwise approximately
$12,000 in staff costs will need to be added to the next fiscal year budget.
RECOMMENDATION
It is recommended that the City Council waive the City's purchasing regulations relative to
competitive bidding and authorize the City Manager to execute an Agreement with Lewis
Events in an amount not to exceed $35,000.00 for a event services at the City of
Arcadia's 2009 July 4 Celebration.
APPROVED: 'Do—a-W - Pc, ..�
Donald Penman, City Manager
�7� "0711
STAFF REPORT
Recreation and Community Services Department
DATE: February 3, 2009
TO: Mayor and City Council
4
FROM: Sara Somogyi, Director of Recreation and Community Services
SUBJECT: FIREWORKS DISPLAY FOR THE 2009 JULY 4 CELEBRATION
Recommendation: Waive the City's purchasing regulations relative
to competitive bidding and authorize the City Manager to execute an
agreement with Pyro Spectaculars, Inc. for a fireworks display at the City 4
of July celebration at the cost not to exceed $35,000.
SUMMARY
The City of Arcadia will host a 4 of July celebration this year featuring a fireworks display
as the highlight of the festivities. The purpose of this report is to obtain City Council
approval to hire Pyro Spectaculars, Inc. for the fireworks display and to waive the
purchasing regulations with regard to competitive bidding at a cost not to exceed $35,000.
DISCUSSION
The City's 4 of July Celebration will culminate with an fireworks display for approximately
20 minutes. In researching companies that do fireworks shows, one firm in particular kept
coming up and /or was recommended by other cities and event organizers. That company
is Pyro Spectaculars by Souza of Rialto. Pyro Spectaculars has a proven track record for
producing quality shows and having well- trained and professional staff. They have an
extensive client list and from what staff have been able to ascertain, a very good safety
record. They also operated the fireworks display at the 2005 event the City of Arcadia
held.
Pyro Spectaculars submitted a proposal to the City for the 2009 fireworks display.
In addition to authorizing staff to hire Pyro Spectaculars, this report also asks that due to
the unique circumstances and the type of service we are purchasing, the City Council
waive the City's purchasing regulations with regard to competitive bidding. That is,
experience, reputation and track record is more important in this instance than seeking
the services at the lowest possible cost. Having said that, it is worth noting that staff does
not have any reason to believe that Pyro Spectacular's costs are out -of -line with what
other companies would charge for the same service.
FISCAL IMPACT
Currently there is $49,000 in a trust fund earmarked for the event. Oak Tree Racing
Association and Santa Anita Park will jointly pledge a $10,000 donation to the event. The
event will cost approximately $80,000 to operate. Staff is going to continue to try and
secure additional sponsorships to make up the difference; otherwise approximately
$12,000 in staff costs will need to be added to the next fiscal year budget.
RECOMMENDATION
It is recommended that the City Council waive the City's purchasing regulations relative to
competitive bidding and authorize the City Manager to execute an Agreement with Pyro
Spectaculars, Inc. in an amount not to exceed $35,000.00 for fireworks display at the City
of Arcadia's 2009 July 0' Celebration.
APPROVED: fpm. -.... )
Donald Penman, City Manager
STAFF REPORT
Public Works Services Department
DATE: February 3, 2009
TO: Mayor and City Council
FROM: Pat Malloy, Assistant City Manager /Public Works Services Direc r
Prepared by: Tom Tait, Deputy Public Works Services Director
SUBJECT:
SUMMARY
On January 6, 2009, the City Council directed staff to bring the Residential Refuse and
Recycling Contract to the February 3, 2009 for reconsideration when all
Councilmember's are present. Please see the attached staff report.
DISCUSSION
At the January 6, 2009 Council meeting, the City Council asked staff to address a few
concerns in regards to the Residential Refuse and Recycling Agreement (Agreement)
with Waste Management, Inc. (WM). The items to be addressed are:
• Success of one day a week service
• Possibility of smaller refuse carts to be used in the City to encourage recycling;
• Guarantee that Arcadia trash rates will remain in the lower third of the San
Gabriel Valley, and;
• Clarification of 25% increase in rates
• Reroute trash trucks around school hours
Page 1 of 3
Recommendation: Approve
Recommendation: Adopt
Mayor and City Council
February 3, 2009
It was also determined at the meeting that Councilmen Kovacic and Amundson would
contact the cities of La Verne, San Dimas, Baldwin Park, and Rolling Hills Estates to
receive feedback on the one day a week service proposed by WM.
City staff met with WM to discuss the City Council's concerns. First, to address
concerns raised about one day per week refuse collection, WM has agreed too
coordinate an extensive public outreach campaign with City staff to ensure that all
residents are aware of the service day change to Wednesdays. Additionally, WM has
agreed to accommodate all residents who do not take their trash out on the correct day
until all residents have adjusted to the modified schedule. To revisit the current five (5)
day collection schedule at the end of the first year would potentially open the contract
up for renegotiation which would include an increase in collection rates.
Second, staff and WM considered the option of offering a smaller refuse cart to
residents to encourage more recycling. However, staff does not recommend
implementing this option because the 32 gallon cart is significantly smaller than the 64
gallon carts that are available to the residents. As a result, this may result in
contamination of green waste and recyclables, as well as illegal dumping on the streets.
Additionally, with the 32 gallon cart option WM has reserved the right to re- evaluate
rates within one year of program implementation to consider the fiscal impact the new
program will have on total operating revenues. This would open up the contract for
another negotiation that may increase rates to the residents. To encourage recycling,
staff intends to market the 64 gallon cart option to residents who would like to down
grade their current cart size.
Third, WM has agreed to include a clause in the Agreement to guarantee that Arcadia's
refuse rates will not "exceed the applicable rates charged in more than one -third of all
cities in the San Gabriel Valley ".
Fourth, WM is not asking for a 25% increase for complete "catch -up" on their rates. The
25% increase includes the $100,000 Administrative Fee in addition to the Consumer
Price Index, Disposal Facility Fees, and Fuel Producer Price Index for the next two
years. In reality, WM is only asking for 10.55% in "catch -up" rates for the price of fuel.
The balance of the increase is cost of living adjustments for each of the next two (2)
years of the contract, 2009/2010 and 2010/2011.
Finally, WM has agreed to adjust their collection schedule to minimize traffic around
each of our schools at the beginning and end of each day.
City staff and WM have worked cooperatively to address the City Council's concerns
regarding the Agreement. WM has been very accommodating and responsive to the
City's needs and desires. For this reason, staff recommends that the City Council
approve the Agreement and rate schedule for FY 2009 -10 and FY 2010 -11 with Waste
Management Inc.
Page 2 of 3
Mayor and City Council
February 3, 2009
RECOMMENDATION
Authorize the City Manager to execute a seven (7) year contract with Waste
Management Inc. for the exclusive collection of residential refuse and recyclables
for the City of Arcadia.
Adopt Resolution No. 6663 setting the residential refuse rate schedule for Fiscal
Year 2009110 and 2010/11 in accordance with the residential refuse and recycling
contract.
Approved by: T --�
Donald Penman, City Manager
PM:TT
Page 3 of 3
4
STAFF REPORT
Public Works Services Department
DATE:
TO:
FROM:
SUBJECT:
SUMMARY
January 6, 2009
Mayor and City Council
Pat Malloy, Assistant City Manager /Public Works Services Director
Prepared by: Tom -Tait, Deputy Public Works Services Director
Waste Management, Inc. (WM) has been the City's exclusive residential refuse hauler
since 1999. The current contract is due to expire on June 30, 2009. On March 18,
2008 the City Council directed staff to begin negotiations for the residential refuse and
recycling contract with Waste Management, Inc. City staff and WM have reached an
agreement on the contents of the new contract. Staff recommends that the City Council
award the exclusive Residential Refuse and. Recycling Contract to Waste Management,
Inc. and adopt Resolution No. 6663 setting the residential refuse rate schedule for
Fiscal Year 2009110 and 2010/11.
BACKGROUND
Arcadia maintains one of the lowest refuse rates while providing the most
comprehensive city -wide refuse and recycling programs in the San Gabriel Valley
region (see Attachment). As the exclusive residential refuse hauler, WM has
consistently provided excellent service for the past nine (9) years. Included in the rates
for providing waste hauling services, WM administers the following refuse programs at
the convenience of residents:
Page 1 of 5
Recommendation: Approve
Mayor and City Council
January 6, 2009
• Co- mingled curbside recycling
• Greenwaste curbside recycling
• Free Backyard Service for Residents with a Physical Hardship
• Four (4) Bulky Waste Pick -ups for single family residential units
• Holiday Tree Recycling
• Waste -to- Energy Program (multi - family units only)
• Residential Recycling Education
• Mail -it -Back Recycling for cell phones, rechargeable batteries, and sharps waste
WM and their programs have assisted Arcadia in achieving a 69% diversion rate which
exceeds the 50% diversion rate mandated by AB 939. Arcadia has one of the highest
diversion rates in the San Gabriel Valley and it is with WM and their recycling programs
and services that have helped the City achieve this. A continued partnership with WM
can facilitate the ongoing process of increasing recycling in the City to meet any new
proposed diversion rates in the future and guarantee landfill disposal capacity for the
term of this agreement.
DISCUSSION
With the intent of maintaining high levels of services with low monthly rates, staff had
several meetings with WM to negotiate a new contract. City staff and WM have
reached an agreement on a contract that will benefit both parties. Staff has
incorporated the following new elements into the new contract:
• The term of the contract will be seven (7) years with three (3), one (1) year
optional extensions that can be exercised by either parties;
• An Administrative Fee in the amount of $100,000 payable to the City annually;
• Multi- family residents will receive two (2) free bulky waste pick -ups per year;
• Liquidated damage provisions which allows the City to assess monetary
penalties to WM if quality services are not provided;
• All new vehicles in the hauler's fleet to be used in the City must be alternative
fuel vehicles;
• One Day a Week Service on Wednesday for single family residents only; and
• Revised Rate Adjustment Formula
Single- family residential refuse collection will change from five (5) days a week (Monday
through Friday) to one (1) day a week (Wednesday). This premium service reduces the
number of trucks and trips into the City, thus resulting in a reduction of air pollution and
damage to the roads. Specifically, one day a week service can benefit the City in three
(3) ways:
1. It will reduce the wear and tear on the streets by reducing the weight and number
of trucks on Arcadia's streets. Currently, WM has approximately fifty (50) trucks
in the City over five (5) days, with one (1) day a week service, this could reduce
the number of trucks in the City to thirty -five (35) for the week.
Page 2 of 5
Mayor and City Council
January 6, 2009
2. Refuse carts on the streets in the neighborhoods five (5) days a week is
unattractive. One (1) day a week service requires the carts to be on the
residential streets for only one (1) day out of the week, leaving the rest of the
week with no residential carts on City streets.
3. One (1) day a week service can make working with street maintenance and other
construction projects more efficient by providing flexibility and convenience to the
Public Works Services Department projects such as slurry seal and
asphalt/concrete overlay projects.
Refuse rate adjustments will be calculated with three (3) specific, predetermined
weighted indices:
1. Consumer Price Index (CPI),
2. Disposal Facility Index, and
3. Producer Price Index (PPI) for Fuel.
WM will also increase rates to account for the total cost of providing refuse hauling
services to Arcadia in the current market. According to WM, Arcadia's current single
family residential monthly rate of $16.38 is not adequate to continue to provide quality
refuse services to the City. in order to continue operations in Arcadia, WM is proposing
a 25% increase per month phased in over two years which will result in a $2.05
increase per month beginning July 1, 2009 and an additional $2.30 increase per month
beginning July 1, 2010. The chart below illustrates the effect of the proposed rate
increase.
Current Rate
Proposed
Proposed
F Y 2009 -10
FY 2010 -11
$16.38
$18.43
$20.73
For the past ten (10) years, WM has been obligated to adjust rates according to the
current contract. Currently, rate adjustments are calculated using only the CPI and
Disposal Facility Index- This adjustment formula did not account for substantial
increases in business costs such as fuel and state mandated integrated waste fees that
have occurred in the past ten (10) years. For example, for the past five (5) years, fuel
has experienced significant increases that were not included in the rate increases.
Therefore future rate adjustments based on the three (3) predetermined weighted
indexes will reflect the current market cost of collecting refuse.
In addition to current services, WM would provide the City with additional extended
services in order to increase the diversion rate and divert hazardous waste from the
landfill waste stream. Such extended services would include:
A comprehensive website specifically for Arcadia residents through WM;
Enhanced Sharps Disposal Program with local pharmacies;
• Waste Watch, a neighborhood watch service between Arcadia Police and Waste
Management, Inc.; and
Page 3 of 5
Mayor and City Council
January 6, 2009
• Enhanced public education programs for schools, residential and commercial
customers.
The most valuable service provided by WM is the continued free collection service for
all City facilities including the removal of all green and refuse waste from the Public
Works Service Center. City staff utilizes WM services three (3) to five (5) times per
week. WM is very responsive and makes every effort to accommodate the City's needs
for regularly scheduled collection, special events, and emergencies.
While the proposed increase may seem extravagant, staff has researched recent refuse
service bid awards and has found that the average bid award in the Los Angeles area is
$20.88 per month, or 28% above the current rate. However, these awards do not
provide the same amount of services that Arcadia residents receive. Putting this
contract out to bid could either significantly increase rates or sacrifice some programs
and services. These programs and services could cost the City a significant amount of
money to provide on our own if the waste hauler did not provide it for our residents. For
example WM offers services that other haulers are unable to, such as:
• Mail -it -Back Recycling for cell phones, rechargeable batteries, and sharps waste
• Four (4) Bulky Item Pick -ups for single family residential units
• Two (2) Bulky Item Pick -ups for multi - family residential units
• Free backyard service for residents with a physical hardship
Even with the increase, Arcadia would still maintain one of the lowest rates in the San
Gabriel Valley region (see Attachment). With the impending closure of Puente Hills
Landfill in October 2013 and more stringent state mandates that regulate the waste
stream, it is the City's responsibility to ensure the proper disposal and recycling of
refuse and hazardous waste in the community. Staff believes that it is extremely
important to secure a responsible and resourceful waste hauler that will guarantee
disposal facilities and ensure that the City disposes waste and maintains a diversion
rate in compliance with state mandates. WM has successfully demonstrated their
commitment to working with the City and their ability to provide the most efficient and
effective refuse and recycling services.
FISCAL IMPACT
The City will receive an Administrative Fee in the amount of $100,000 per year for the
length of the contract to fund roadway repairs and maintenance. Additionally, the City
receives approximately $70,000 annually from residential AB 939 Fees and $300,000
annually from commercial AB 939 Fees. The Solid Waste Fund uses these revenues to
pay for personnel and program costs of the City's Recycling Program such as the
Household Hazardous Waste Program and the Compost Program.
Page 4 of 5
Mayor and City Council
January 6, 2009
RECOMMENDATION
Authorize the City Manager to execute a seven (7) year contract with Waste
Management Inc. for the exclusive collection of residential refuse and recyclables
for the City of Arcadia.
Adopt Resolution No. 6663 setting the residential refuse rate schedule for Fiscal
Year 2009110 and 2010111 in accordance with the residential refuse and recycling
contract.
Approved by: �-e-•J
Donald Penman, City Manager
0111IN
Page 5 of 5
ATTACHMENT
September 2008 Refuse Rate Survey
City
Monthly Rate
South Pasadena
$36.41
Pasadena
$32.48
Sierra Madre
$27.72
El Monte
$25.12
West Covina
$24.77
Baldwin Park
$23.43
Azusa
$23.23
Diamond Bar
$23.15
Covina
$22.89
Monterey Park
$21.81
Alhambra
$20.18
Arcadia (proposed rate)
$18.43
Duarte
$16.73
Arcadia (current rate )
$16.38
Monrovia
$14.52
RESOLUTION NO. 6663
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARCADIA, CALIFORNIA, SETTING THE SERVICE
RATES FOR THE COLLECTION OF RESIDENTIAL
REFUSE AND RECYCLABLES PURSUANT TO SECTION
5120.7 OF THE ARCADIA MUNICIPAL CODE
WHEREAS, pursuant to the Arcadia Municipal Code Section 5120.7, the
Arcadia City Council is authorized to fix and determine the uniform rates that may
be charged for collecting or removing garbage, refuse or recyclables from any
premises in the City; and
WHEREAS, all residential units in the City are required to participate in the
City's refuse collection service; and
WHEREAS, the franchisee under that certain Residential Refuse and
Recycling Agreement is not authorized to charge or collect any fees or rates other
than the fees and rates set forth in this Resolution and the fees and rates shall
remain in effect, unless changed by resolution of the City Council of the City of
Arcadia.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND
RESOLVE AS FOLLOWS:
1
SECTION 1. Commencing July 1, 2009, the monthly rates for
residential refuse and recycling collection services shall be those set forth in
Exhibit "A" attached hereto.
SECTION 2. Commencing July 1, 2010, the monthly rates for
residential refuse and recycling collection services shall be those set forth in
Exhibit "B" attached hereto.
SECTION 3. All rates set forth in this Resolution shall be reflected on
all refuse bills issued after July 1, 2009 and July 1, 2010 respectively.
SECTION 4. The City Clerk shall certify to the adoption of this
Resolution.
Passed, approved and adopted this
day of
, 2009.
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Mayor of the City of Arcadia
2
Exhibit "A"
City of Arcadia Residential Refuse and Recycling Collection Service
Single Family Rate Schedule
Effective July 1, 2009 the monthly residential refuse and recycling service rates are:
BN Additional
STANDARD SERVICE RATES
$0.00 $0.00 $1267
BN Additional
$11.44
SENIOR CITIZEN SERVICE RATES
Container
-
2009
#
Green
'Bulky Item P/U
$31.52
Total
'Bulky Item PIU
2009
#
Green
$29.50 Size -One Quart
Additional sizes available
Total
Service
Base
GW
Waste
Recycling
AS 939
Monthly
Service
Base
GIN
Waste
Recycling
AS 939
Monthly
Category
Rate
carts
Rate
Charge
Fee
Fee
Category
Rate
carts
Rate
Charge
Fee
Rate
Single Family
$12.57
1
$1.92
$0.78
$0.30
$15.57
,' -.:: Single Family
$11.33
1
$1.74
$0.78
$0.30
$14.15
Dwelling, (1)
$12.57
2
$2.76
$0.78
$0.30
$16.40
-r Dwelling, (1)
$11.33
2
$2.48
$0.78
$030
$1438
64 Gallon Can
$12.57
3
$3.71
$0.78
$0.30
$17.36
"64 Gallon Can
$11.33
3
$3.35
$0.78
$0.30
$15.76
$12.57
4
$4.60
$0.78
$0.30
$18.25 �
.
$11.33
4
$4.15
$0.78
$0.30
$16.56
$12.57
5
$5.65
$0.78
$0.30
$19.29
'-
$11.33
5
$5.10
$0.78
$030
$17.51
Single Family
$15.42
1
$1.92
$0.78
$0.30
$18.43
'(Single Family
$13.91
1
$1.74
$0.78
$0,30
$16.73
D.11mg,(1)
$15.42
2
$2.76
$0.78
$0.30
$19.26
_
Dwelling, (1)
$13.91
2
$2.48
$0.78
$030
$17.46
96 Gallon Can
$15.42
3
$3.71
$0.78
$0.30
$20.22
i:.; 96 Gallon Can
$13.91
3
$335
$078
$0.30
$18.34
$1542
4
$4.60
$0.78
$0.30
$21.11
`:
$13.91
4
$4.15
$0.78
$0.30
$19.14
$15.42
5
$565
$0.78
$0.30
$22.15
$13.91
5
$5.10
$0.78
$0.30
$20.08
Monthly Per >5
$1.05
'.,,
Monthly Per >5
$0.96
Atltlitional Can
'Additional Can
(Greenwaste)
(Greenwaste)
Single Family 64g
$9.74
$0.00
$0.00
$974
Single Family 64g
$8.75
$0.00
$0.00
$8.76
Dwelling, (1) 969
$9.90
$0.00
$0.00
$990
Dwelling, (1) %g
$8.91
$0.00
$0.00
$8.91
Time Per Can
Time Per Can
Unscheduled Pickup
Unscheduled Pickup
Monthly Per 64g
$6.85
$000
$0.00
$6.85
Monthly Per 64g
$6.17
$0.00
$0.00
$6.17
Additional Can 96g
$8.45
$0.00
$0.00
$8.45
Additional Can 96g
$7.63
$000
$0.00
$7.63
BNAutomated
$47.53
$0.78
$0.30
$48.61
BN Automated
$43.37
$0.78
$0.30
$44.45
Collection Sec
Collection Ser.
BIY Collection
$15,01
$0.00
$0.00
$15.01
BN Collection
$13.51
$0.00
$0.00
$13.51
1 Time PIU
1 Time P/U
Per Can
Per Can
BN Additional
$12.67
$0.00 $0.00 $1267
BN Additional
$11.44
$000 $0.00 $11.44
Container
Container
'Bulky Item P/U
$31.52
$0.00 $0.00 $31.52
'Bulky Item PIU
$28.36
$0.00 $000 $28.36
Sharps Program
$29.50 Size -One Quart
Additional sizes available
Sharps Program
$29.50 Size- One Quart
Additional sizes available
538.58 Size -One Gallon
Additional sizes available ....
S38.58 Size- One Gallon
Additional sizes available
Temporary 3 -yams Bin Service:
Three Day Rental $106,68
Seven Day Rental $127.91
Additional Rate Per Day $6.03
Temporary Roll -Off Bin arrives:
Rates are negotiated under the commercial non - exclusive contract
This pricing applies only to residents that exceed the 4 "a Bulky Item collections
Exhibit "A"
City of Arcadia Residential Refuse and Recycling Collection Service
Single Family Rate Schedule
Effective July 1, 2010 the monthly residential refuse and recycling service rates are:
This pnci applies only to residents that exceed the 4 tree Bulky Item collections
STANDARD SERVICE RATES
SENIOR CITIZEN SERVICE RATES
2010
#
Green
Towl
2010
#
Green
Total
Service
Base
GW
Waste
Recycling
AS 939
Monthly
Service
Base
GIN
Waste
Recycling
AS 939
Monthly
Category
Rate
carts
Rate
Charge
Fee
Fee
Category
Rate
carts
Rate
Charge
Fee
Rate
Single Family
$14.27
1
$2.16
$0.78
$030
$17.52
Single Family
$12.88
1
$1.96
$0.78
$030
$15.92
Dwelling. (1)
$14.27
2
$3.10
$0.70
$0.30
$18.45
Dwelling. (1)
$1188
2
$2.78
$0.78
$0.30
$16.74
64 Gallon Can
$14.27
3
$4.18
$0.78
$0.30
$19.53
64 Gallon Can
$12.88
3
$3.77
50.78
$0.30
$17.73
$14.27
4
$5.18
$0.78
$0.30
$20.53
$12.88
4
$4.67
$0.78
$0.30
$18.63
$14.27
5
$6.35
$0.78
$0.30
$21.71
$12.88
5
$5.73
$0.78
$0.30
$19.69
Single Fa i
$17.49
1
$2.16
$0.78
$0.30
$2013
Single Family
$15.78
1
$1.96
50.78
$0.30
$18A2
Dwelling, (1)
$17.49
2
$3.10
$0.78
$0.30
$21.67
Dwelling, (1)
$15.78
2
$238
$0.78
$0.30
$19.64
96 Gallon Can
$17.49
3
$4,18
$0.78
$0.30
$2274
96 Gallon Can
$15.78
3
$377
$0.78
$0.30
$20.63
$17.49
4
55.18
$0.78
$0.30
$2374
515.78
4
$4.67
$0.78
$0.30
$21.53
$17,49
5
$6.35
$0.78
$030
$2492
$15.78
5
$5.73
$0.78
$0.30
$2259
Monthly Per >5
$1.05
Monthly Per >5
$0.96
Additional Can
Additional Can
(Greenwaste)
(Greenwaste)
Single Family 64g
$10.96
50.00
$0.00
$10.96
Single Family 64g
$9.86
$0.00
$0.00
$9.86
Dwelling, (1) 969
$11.14
$0.00
$0.00
$11.14
Dwelling, (1) 96g
$10.02
$0.00
$0.00
$10.02
Time Par Can
Time Per Can
Unscheduled Pickup
Unscheduled Pickup
Monthly Per 64g
$771
$0.00
$000
$771
Momhly Per 64g
56.94
$0.00
$0.00
$6.94
Additional Can 95g
59.50
$0.00
$000
$9.50
Additional Can 96g
$B.58
$0.00
$0.00
$8.58
BN Automated
$53.61
$0.78
$0.30
$54.69
BN Automated
548.92
$0.78
$0.30
$50.00
Collection Sa.
Collection Bar,
BN Collection
$16.88
$0.00
$0.00
$16.88
B1Y Collection
$15.20
$0.00
$0.00
$15.20
1 Time PIU
1 Time P/U
Per Can
Per Can
BN Additional
$14.25
$0,00
$0.00
$14.25
BN Additional
$12.87
$0.00
$0.00
$12.87
Container
Container
'Bulky Item PIU
$35.46
$0,00
$0.00
$35.46
'Bulky Item PIU
$31.91
$0.00
$0.00
$31.91
Shops Program
$30.53
Sao- One Quart
Additional sizes available
Sharps Program
$30.53
Size- One
Quan
Adalonal saes available
$39.94
Size- One Gallon
Additional sizes available
$39.94
Size- One Gallon
Adddwnel saes available
Rvr
r�
Temporary 3 -Yard Bin
Service:
Temporary Roll -Off Bin Serii
Three Day Rental
$120.02
Rates are negotiated under
the commercial
non - exclusive conesot
Seven Day Rental
$143.90
Additional Rate Per Day
$6.7B
This pnci applies only to residents that exceed the 4 tree Bulky Item collections
Exhibit "B"
City of Arcadia
Refuse Collection Service
Multi- family Base Rate Schedule
20D9 -2010
Number of Bins
STAB RATE
and size -
NUMBER
OF PICK -UPS
PER -WEEK
1
2
3
4
5
6
1 - 1.5 Yard
$77.24
$154.50
$231.74
$308.99
5386.24
$463.47
2 - 1.5 yard
$140.45
$280.90
$421.32
$561.75
$702.21
$842.65
3 -1.5 yard
$210.67
$421.34
$632.00
$842.67
$1,053.33
$1,264.02
4- 1.5 yard
$280.91
$561.80
$842.68
$1,123.58
$1,404.50
$1,685.37
5 - 1.5 yard
$351.11
5702.25
$1,053.36
$1,404.51
$1,755.63
- $2,106.75
1 - 3 yard
$92.04
$170.88
$276.08
$368.10
5460.15
$552.16
2 - 3 yard
$164.32
$341.81
$492.93
$657.23
$821.54
$985.84
3 -3yard
$236.66
$512.69
$709.90
$946.52
$1,183.15
$1,419.80
4 -3yard
$308.94
$683.56
$926.78
51,235.70
$1,544.63
$1,741.05
5 -3yard
$381.26
$854.45
$1.143.72
$1,524.94
$1,906.19
$2,287.38
1 - 6 yard
$172.46
$344.95
$517.39
$689.86
$862.32
$1,034.80
Number of Bins
DISMOUNT RATE
and Size
NUMBER
OF PICK -UPS
PER WEEK
1
2
3
4
5
6
1 - 1.5 yard
$87.10
$174.20
$261.28
$348.37
$435.45
$522.55
2 - 1.5 yard
$158.36
$316.70
$475.07
$633.42
$791.75
$950.11
3- 1.5 yard
$237.52
$475.02
$712.54
$950.05
$1,187.57
$1,425.05
4 -1.5 yard
$316.69
$633.40
$950.06
$1,266.74
$1,583.45
$1,900.14
5 -1.5 yard
$395.88
$791.72
$1,187.60
$1,583.46
$1,979.33
$2,375.19
1 - 3 yard
510179
$188.99
$300.70
$400.84
$501.17
$601.37
2 -3yard
$182.41
$377.91
$547.19
$729.61
$911.99
51,094.40
3 -3yard
$264.56
$566.52
$793.65
$1,058.21
$1,322.76
$1,587.32
4- 3 yard
$346.69
$755.88
$1,040.12
$1,386.82
$1,733.55
$2,080.22
5 -3yard
$428.90
$944.87
$1,286.62
$1,715.50
$2,144.39
$2,573.25
1 - 6 yard
5188.80
$377.63
$566.39
$755.18
$943.97
$1,132.77
Number of Bins
STAGE RATE
and Size
NUMBER
OF PICK -UPS
PER WEEK
MIJIMIMEM
1
2
3
4
5
6
1 - 1.5 yard
$95.29
$190.61
$285.89
$381.18
$476.47
$571.76
2 - 1.5 yard
$173.30
5346.58
$519.86
$693.14
$866.42
$1,039.71
3- 1.5 yard
$259.94
5519.87
$779.81
$1,039.74
$1,299.67
$1,559.59
4 -1.5 yard
$346.59
$693.16
$1,039.75
$1,386.32
$1,732.93
$2,079.50
5 - 1.5 yard
$433.23
$866.43
$1.299.65
$1,732.88
_ $2,166.10
$2,599.32
1 - 3 yard
$108.43
$205.39
$325.36
$433.80
$542.26
$650.70
2 -3yard
$200.48
$410.82
$601.37
$801.83
$1,002.31
$1,202.77
3 -3yard
$292.50
$616.20
$877.48
$1,169.97
$1,462.44
$1,754.92
4 -3yard
$364.53
$821.61
$1,153.59
$1,538.12
$1,922.65
$2,307.20
5 -3yard
$476.53
S1,027.00
$1,429.58
$1,906.10
$2,382.65
$2,859.18
1 - 6 yard
$204.96
$409.97
$614.87
$819.83
$1,024.77
$1,229.75
'Please add the following fees to the rates listed above:
Recycling Fee (Reso # 6269):
2 -6 units = $1.00 per unit
7 or more units = $1.50 per unit
AB 939 Fee = $0.30 per unit
Exhibit "B"
City of Arcadia
Refuse and Recycling Collection Service
Single- family Base Rate Schedule
Single Family Greenwaste Bin Service: Includes one (1) greenwaste bin, one (1) refuse
and one (1) recycling container serviced once weekly
Curbside Bin Service:
Resident rolls bin and containers to their curb and the trash
truck drives directly to the container then empties the bin and containers.
Backyard Bin Service
Waste Management enters residents backyard, rolls out their greenwaste
bin and refuse /recycling containers to the curb, empties them, then return
them to their original location on the same day.
Exhibit "B"
City of Arcadia
Refuse Collection Service
Multi- family Base Rate Schedule
2010 -2011
Number of Bins
STAB RATE
and size
NUMBER
OF PICK -UPS PER -WEEK
1
2
3
4
5
6
1 - 1.5 Yard
$86.90
$173.81
$260.71
$347.62
$434.51
$521.40
2 - 1.5 yard
$158.00
$316.01
$473.99
$631.96
$789.99
$947.98
3 -1.5 yard
$237.00
$474.00
$711.00
$948.00
$1,184.99
$1,422.02
4 -1.5 yard
$316.03
$632.03
$948.02
$1,264.03
$1,580.06
$1,896.05
5 -1.5 yard
$395.00
$790.03
$1,185.03
$1,580.07
$1,975.08 -
$2,370.10
1 - 3 yard
$103.54
- $192.24
$310.58
$414.11
$517.67
$621.18
2 -3yard
$184.86
$384.53
$554.55
$739.38
$924.24
$1,109.07
3 -3yard
$266.24
$576.77
$798.63
$1,064.83
$1,331.05
$1,597.27
4 -3yard
$347.55
$769.01
$1,D42.62
$1,390.16
$1,737.70
$1,958.68
5 -3yard
$428.92
$961.25
$1,286.69.
$1,715.55
$2,144.46
$2,573.31
1 - 6 yard
$194.02
$388.07
$582.06
$776.09
$970.11
$1,164.15
Number of Bins
DISMOUNT RATE
and Size
NUMBER
OF PICK -UPS PER WEEK
Immiffilimm
1
2
3
4
5
6
1 - 1.5 yard
$97.98
$195.97
$293.94
$391.91
$489.89
$587.87
2 -1.5 yard
$178.15
$356.29
$534.45
$712.60
$890.72
$1,068.87
3 -1.5 yard
$267.21
$534.40
$801.61
$1,068.81
$1,336.02
$1,603.18
4 -1.5 yard
$356.27
$712.57
$1,068.82
$1,425.08
$1,781.38
$2,137.65
5 - 1.5 yard
$445.36
$890.68
$1,336.04
$1,781.39
$2,226.74
$2,672.09
1 - 3 yard
$116.77
$212.61
$338.29
$450.94.
$563.81
$676.54
2 -3yard
$205.21
$425.15
$615.59
$820.81
$1,025.99
$1,231.20
3 -3yard
$297.62
$637.33
$892.86
$1,190.48
$1,488.11
$1,785.73
4 -3yard
$390.03
$850.36
$1,170.13
$1,560.17
$1,950.24
$2,340.24
5 -3yard
$482.51
$1,062.97
$1,447.44
$1,929.94
$2,412.43
$2,894.90
1 - 6 yard
$212.40
$424.83
$637.19
$849.58
$1,061.96
$1,274.37
Number of Bins
STAGE RATE
'
and Size
NUMBER
OF PICK -UPS PER WEEK
MIMMMEMMEM
1
2
3
4
5
6
1 - 1.5 yard
$107.20
$214.43
$321.62
$428.83
$536.03
$643.23
2 - 1.5 yard
$194.96
$389.90
$584.85
$779.78
$974.72
$1,169.68
3 - 1.5 yard
$292.44
$584.86
$877.28
$1,169.70
$1,462.13
$1,754.54
4 -1.5 yard
$389.91
$779.80
$1,169.72
$1,559.60
$1,949.54
$2,339.43
5- 1.5 yard
$487.38
$974.73
$1,462.10
$1,949.49
$2,436.86
$2,924.24
1 - 3 yard
$121.98
$231.07
$366.03
$488.03
$610.04
$732.04
2 -3yard
$225.53
5462.17
$676.54
$902.06
$1,127.60
$1,353.12
3 -3yard
$329.06
$693.22
$987.16
$1,316.21
$1,645.25
$1,974.29
4 -3yard
$432.59
$924.31
$1,297.78
$1,730.39
$2,162.98
$2,595.59
5 -3yard
$536.09
$1,155.38
$1,608.28
$2,144.36
$2,680.48
$3,216.57
1 -6 yard
$230.58
$461.22
$691.73
$922.31
$1,152.87
$1,383.47
"Please add the following fees to the rates listed above:
Recycling Fee (Reso # 6269):
2-6 units = $1.00 per unit
7 or more units
= $1.50 per unit
AB 939 Fee
= $0.30 per unit
Exhibit "B"
City of Arcadia
Refuse and Recycling Collection Service
Single- family Base Rate Schedule
Single Family Greenwaste Bin Service: Includes one (1) greenwaste bin, one (1) refuse
and one (1) recycling container serviced once weekly
Curbside Bin Service:
Resident rolls bin and containers to their curb and the trash
truck drives directly to the container then empties the bin and containers.
Backyard Bin Service
Waste Management enters residents backyard, rolls out their greenwaste
bin and refuse /recycling containers to the curb, empties them, then return
them to their original location on the same day.
b.
• • / •
Office of the City Manager
DATE:
February 3, 2009
TO: Mayor and City Council
FROM: Donald Penman, City Manager 41
By: Hue C. Quach, Administrative Services Directorlt6
SUBJECT: UTILITY USER'S TAX BALLOT MEASURE UPDATE
Recommendation: File and receive report as presented
Wifintiyira
As the Council will recall, as a result of changes in Federal regulations, litigation and
potential legislation, the City of Arcadia along with all other cities with a utility users tax
(UUT) face the possible loss of these revenues as it pertains to telecommunications.
The City Council met on both December 2 and December 16 to discuss this matter and
at the conclusion of the discussion on December 16, appointed a subcommittee
comprised of Mayor Harbicht and Council Member Kovacic to work with staff to review
options for placing a ballot measure before the voters to modernize the existing UUT
ordinance and maintain this important revenue that finances vital services for the
community..
BACKGROUND
As noted above due to new regulations, pending court cases and potential legislation,
the UUT on certain telecommunications services is in jeopardy. Cities throughout
California have been placing ballot measures before their voters to modernize their UUT
ordinances to protect this revenue due to these issues. The League of California Cities
reported that ten out of ten cities in California that have placed a UUT modernization
ordinance before their voters while maintaining their current rate were successful in
2008. The issue is that older UUT ordinances have not kept pace with changes in
technology so some users may be able to avoid paying this tax due to the type of
telecommunications they utilize. Over time traditional land line use has decreased while
at the same time the other types of service have increased. As an example the City
currently collects UUT on cellular phone use, however this is one of the technologies
that are in jeopardy based on the issues identified above. It is possible that depending
on the ultimate language in the measure some new technologies in the future may be
taxed that are not currently covered, however this would provide a more equitable
distribution of the tax on ratepayers regardless of the technology used.
Mayor and City Council - Utility User's Tax Ballot Measure Update
February 3, 2009
Page 2
The City Council, conceptually, determined to place a measure before the voters to
modernize the UUT which would maintain this existing tax and directed staff to work
with a Council Subcommittee of Mayor Harbicht and Council member Kovacic to
consider options and provide recommendations on a possible ballot measure.
The Committee met on two occasions to discuss options for placing a measure before
the voters. Issues considered included specific ballot measure language, selection of
an actual election date and means of informing the community of this important issue.
The Council committee at their meeting of January 23, 2009, directed staff to provide
Council with an update on the proposal to place before the voters a Utility User's Tax
Ballot measure to modernize the language and include newer technologies that may not
be covered in the future.
DISCUSSION
Voter - approved ordinances that are properly "modernized" would remove outdated
language that is the subject of on -going lawsuits in several California public agencies
regarding old references to the federal excise tax (FET). They also redefine
"telecommunications," which would allow various wireless services to fall within the
utilities subject to UUT. A loss on the "FET" issue in the courts could result in a loss of
up to 70 %, approximately $1,000,000, of existing Utility User's Tax telecommunications
revenue to Arcadia. In addition, there currently is federal legislation proposed (HR
5793) that reportedly has considerable bipartisan support. HR 5793 would impose a
five year moratorium on all "new" wireless taxes. If the cities were to lose in court
regarding the federal excise tax (FET) issue, arguably, they may have to wait five years
before they can seek voter approval of a "new" wireless tax.
Cities with a voter approved modernized UUT ordinance would not be affected by this
bill. Seeking a voter approved ordinance in 2009 may be a last best chance to
modernize an ordinance that would be "technology neutral," and treats all taxpayers the
same.
Without the revenue from the existing UUT, the City could be forced to make cuts in
programs and services that would affect all residents, such as police and fire protection,
emergency response, parks and senior services, tree trimming, street repair, and library
services.
At the conclusion of the meeting on January 23, 2009, direction from the UUT
Committee is as follows:
• Bring back for Council's approval, all resolutions relating to ordering the
submission of proposed measure before the voters for City Council meeting date
of February 17, 2009.
0 Set the Special Municipal Election date for June 9, 2009.
Mayor and City Council - Utility User's Tax Ballot Measure Update
February 3, 2009
Page 3
Along with the ballot resolutions, approve a budget amendment appropriating
$115,000 for this special election and $15,000 for the preparation and distribution
of public information that would include two informational mailers to the
community.
Under Proposition 218 the City Council may call for a special election (as opposed to a
general election) if the City Council finds that there exists an emergency requiring an
election to be conducted earlier than the next regularly scheduled general election at
which city council members are to be elected. This would require a unanimous vote of
the Council. The next general municipal election is in April 2010 which staff believes is
too long to wait in light of the pending court cases and possible Federal legislation. The
election code provides that once the City Council adopts a resolution calling for an
election, it cannot be held sooner then 88 days from the adoption of the resolution;
however as a city initiated ballot measure election, there is no outside date as to when
the election must be held (for initiatives the outside date is 103 days).
FISCAL IMPACT
Loss of the portion of the UUT that is in jeopardy is estimated at up to $1 million. A
special election would cost approximately $115,000. For the City Councils information,
staff did contact the County of Los Angeles to request information about consolidating
with another possible election and the County estimated that a consolidated election
would cost Arcadia about $165,000, so it would be about $50,000 less expensive to
conduct the election ourselves.
RECOMMENDATION
Receive and file report as presented.
ri3
v'
Administrative Services Department
DATE: February 3, 2009
TO: Mayor and City Council
FROM: Donald Penman, City Manager
By: Hue C. Quach, Administrative Services Director
SUBJECT: Fiscal Year 2008 -09 Midyear Budget Review
Recommendation: Provide direction
SUMMARY
Enclosed are mid -year General Fund revenue budget projections and an estimated ending
fund balance for the fiscal year 2008 -09. The projections are based on the results of the
audited financial statements for the fiscal year ending June 30, 2008 and six months
revenues received in the current fiscal year. These projections assume a very
conservative approach of fullv expendinq budgeted amounts for the fiscal vear, which
historically has not been the case At this time specific recommendations of cuts on the
expenditure side are not being offered, though this report can serve as a starting point for
that discussion. Further recommendations for Fiscal Year 2008 -09 budget adjustments
can be brought back before Council as additional directions may develop from tonight's
meeting.
Mid -year expenditure adjustments for Special Revenue and Enterprise Funds are offset by
grant revenues or fees from that specific service and are self sustained. Expenditure
adjustments from these funds do not affect or burden the City's General Fund. For that
reason, this mid -year review will primarily focus on the General Fund.
DISCUSSION
The City Council adopted a FY 2008 -09 General Fund budget projecting revenues to
exceed expenditures by $236,892 and an estimated fund balance of $5,192,395 (this is an
adjusted number based on the recently completed audit and is higher then estimated at
time of budget adoption). Since then, the economic conditions have taken a severe
downturn and have adversely affected most of the City's major revenue sources. Staff has
completed a review of those sources of revenues and combined with the recently
completed annual financial audit for FY 07 -08, have revised revenue estimates including a
new estimated ending fund balance.
Mayor and City Council
February 3, 2009
Based upon the recently completed annual audit of City funds and events subsequent to
budget adoption, the estimate of the FY 08 -09 year -end balance has been revised from
$5,192,395 to $2,803,378. The decrease in fund balance is attributed to the anticipated
shortfall in projected revenue of $1,973,055 (line by line decrease of revenue is listed on
the attached Exhibit A) and additional encumbrance of $415,962 that was carried overfrom
the prior year into the current year's operating budget.
GENERAL FUND - MID -YEAR REVIEW
Beginning Fund Balance "
Revenues
Transfers in from other funds
Total revenues
Expenditures:
Expenditures
Prior Year Encumbrances
Transfers out to other funds
Total expenditures
FY 2007 -08 FY 2008 -09 FY 2008 -09
Actual Adopted Budg E stimated Actual
$5,409,000
$4,955,503
$4,955,503
$40,445,711
3,881,907
$41,861,845
4,655,271
$39,888,790
4,655,271
44,327,618 46,517;116 44,554,061
42,726,069 45,799,172 45,799,172
- - 415,962
2,055,046 481,052 481,052
44,781,115 46,280,224 46,696,186
Revenues over (under) expenditures (453,497) 236,892 (2,152,125)
Ending Fund Balance'
$4,955,503 $5,192,395 $2,803,378
The revised ending fund balance is projected based upon the following factors:
Beginning Reserve Balance:
At the conclusion of the fiscal year ending June 30, 2008 financial audit, the City's General
Fund ended with a higher than projected ending fund balance of $4,955,503. This balance
is $875,438 greater than the estimated fund balance of $4,080,065 originally projected.
The increase was primarily attributed to not spending all of the budgeted expenditures by
the close of the 2007 -2008 Fiscal Year. Although the total savings is reflected in the
beginning fund balance for FY 2008 -09 please note that the net increase is actually
$459,476 (not $875,438) as encumbrances of $415,962 were carried over to the current
fiscal year's operating budget.
Mayor and City Council
February 3, 2009
Fiscal Year 2008 -09 Revenue Projections:
Although the adopted budget was based on conservative revenue projections, the state of
the economy took a severe drop since the adoption of the budget in June 2008. The
conditions of the economy have adversely impacted the General Fund's major revenue
sources requiring revisions to the initial projections. After observing all revenue trends for
the past six months, staff recommends adjusting several revenue categories to reflect the
effects of the downturn. The following table illustrates staff's recommended projections:
FY 08 -09
Adopted FY 08 -09 %
Budaet Est. Actual Chanae Chance
Revenues:
Sales Tax
Property Tax
Utility Users Tax
Motor Vehicle License Fee
Transient Occupancy Tax
Franchise Fee
Ambulance Charge
Building Permits
Business License Tax
Plan Check Fee
All Others
Total Revenue
$9,710,000
$9,252,000
(458,000)
-4.7%
9,180X0
9,2D5,000
25,000
0.3%
5,301.000
5,267,000
(34,000)
-0.6%
4,250,000
4,300,000
50,000
1.2%
3,045,000
2,495,000
(550,000)
- 18.1%
1,100,000
1,020,000
(80,000)
-7.3%
1,100,000
1,000,000
(100,000)
-9.1%
950,000
741,000
(209,000)
-22.0%
1,015,000
900,000
(115,000)
-11.3%
840,500
582,000
(258,500)
-30.8%
5,370,345 5,126,790 (243,555) -4.5%
$41,861,845 $39,888,790 ($1,973,055) -4.7%
Sales Tax: To estimate sales tax revenue, staff relied on past fiscal year's sales tax trends
and the most recent date the City has for the current fiscal year (actual sales tax collected
between July 1 and September 30). Sales tax data figures are showing an average 5.2
percent drop compared to the previous fiscal year for the same period. Based on this
trend, staff projects this category to fall short of the budget by $458,000 and revising the
budget to an estimate of $9,252,000. It should be noted however that the City does not
have any specific sales tax figures for the holiday season and will not receive those until
March.
Property Tax: The City's property tax is one of the few major revenue sources that hasn't
been adversely affect by the current economy. This category is expected to slightly
surpass budgeted estimates by approximately $25,000.
Mayor and City Council
February 3, 2009
Utility Users Tax: At the adoption of this revenue item, it was projected to increase 3.6%
compared to the prior year's estimated receipts. Since July 1, 2008, the average increase
shown to date is approximately 1.5% in comparison to the previous year. Although the
receipts are a bit higher than the previous year, it is coming in lower than projected. Staff
projects a slight reduction to the existing budgeted figure of $5,301,000 to $5,267,000, a
$34,000 decrease.
Motor Vehicle License Fee (VLF): VLF in general has been adversely affected by the
current bad economy. During the months of October through December, cities did not
receive their monthly allocation of VLF due to significant drop in receipts. However, to the
benefit of Arcadia, in 2004 -2005, as part of the "Triple -Flip" agreement made with the State
when the VLF rate was lowered from 2% to .65 %, the State agreed to paying cities an in-
lieu fee that is tied to the city's property tax assessments to make up for loss of revenue
due to their proposed rate drop. This in -lieu payment makes up a large share of the overall
VLF receives for the year. Although the City's monthly allocated amounts have declined
significantly, the in -lieu more than offsets the monthly allocated drop. Staff projects a slight
increase in receipts of $50,000, therefore increasing the budgeted figure of $4,250,000 to
$4,300,000.
Transient Occupancy Tax (TOT): As of the time of this report, the City has not received
TOT remittances for the quarter ending December, 2008 from several of the City's larger
establishments. However, remittances received from some hotels to date received for the
months of October and November showed a drop of about 28 %, despite having the benefit
of increased occupancies and rates for the Breeder's Cup event. As a result of data
received to date, staff is seeing a significant downward trend in this area. As the economy
worsens, staff expects further cuts in business travels and meetings. Based on the
information to date, staff is projecting this revenue to fall short of $550,000 from the
adopted budget of $3,045,000.
Franchise Fee: Data shown to date shows a slight increase to from all franchisee with
exception to Time Warner. Time Warner's remittances make up approximately 1/3 of the
total franchise tax receipts. Although there are slight increases from other franchisees, the
significant drop from Time Warner will offset those gains. The overall projected receipts
will fall short of the projected budget figure of $1,100,000 by $80,000.
Ambulance Charge: Based on receipt to date and compared to the previous year, staff has
projected a decrease of 9.1 % or $100,000 short of the budgeted $1,100,000.
Mayor and City Council
February 3, 2009
Building Permits and Plan Check Fee: Both categories' receipts have shown significant
decreases as the result of declines in the housing market and overall construction industry
and the current credit tightening situation. Building Permits is projected to drop 22% or
short of $209,000 from its budget of $950,000; and the Plan Check Fees are expected to
drop 30 %, or short of $258,500 from it budget of $840,500. However, a drop in plan check
revenue also translates to savings on the expenditure side as most of plan checks are
reviewed by a consultant based on fees generated. Since the volume of plan check will
decline, staff estimates that the offset to the revenue drop is a saving of $160,000 that will
not be expended from the consultant's service.
Business License Tax: Similar to other taxes that are influenced by the economy, this
category is showing trend of an 11.3% drop on business tax receipts as of to date. Staff
has revised the projected revenue to decrease $115,000 from its adopted figure of
$1,015,000.
Budget Balancing Options
While there are a number of options the Council can consider to address this shortfall for
FY08 -09, the fact that there are only five months remaining in the fiscal year will make this
more difficult. As noted above, the City's expenditure history shows that the City rarely
expends all the funds budgeted and this typically represents about a 1 % to 2% savings. In
the recent past much of this savings was within the Police Department where significant
vacancies occurred. Past levels of vacancies will not occur this year because the Council
froze six (6) police officer positions in the budget which had been vacant for some time.
Within the General Fund every one percent (1 %) savings would result in a $458,000
expenditure reduction so if the City achieved a 2% reduction in spending ($916,000) or 3%
($1,374,000) then the shortfall for the year would be significantly reduced. Therefore one
option which is recommended is to aggressively reduce spending in the remaining five
months of this fiscal year.
There are many ways of achieving this however one must remember that employee related
expenses within the General Fund represent about 73% of all expenditures. Reducing
employee related expenses can include options such as freezing vacant positions (list
attached — Exhibit B), implementing work furloughs, employee layoffs and freezing salary
increases. A number of these employee related alternatives other then freezing positions
would require more time to analyze in terms of the requirements in the City's collective
bargaining agreements with our employee groups and the City Personnel rules and
regulations. Therefore achieving meaningful reductions through these means this fiscal
year may be difficult. Freezing positions is a viable alternative though it is purely random
based on what is vacate today and would not necessarily reflect any priority in positions or
programs.
Mayor and City Council
February 3, 2009
Another alternative is to reduce expenses as much as possible and use reserves to make
up the difference. This could include use of proceeds from the sale of the Live Oak
property to the Arcadia Redevelopment Agency to cover any additional shortfall. The sale
of this land to the Agency generated $2,247,000 for the General Fund and these funds
have not yet been transferred to the City and are not reflected in the Fund Balance
numbers in this report. Admittedly these funds or any use of reserves is only a stop gap
measure, and use of reserves long term is fiscally unwise but in this case of a severe
economic crisis use of reserves over a short term is worthy of consideration.
FISCAL IMPACT
It is projected that the General Fund's will have a deficit of approximately $2.1 million for
FY 08 -09 The deficit is a result of a revenue short fall of $1,973,055 from the General
Fund adopted revenue budget and additional encumbrances of $415,962 carried over from
FY 2007 -08. Should Council determine it prudent to use reserve balance to offset the
anticipated deficit, it is projected that approximately $1.2 million of the reserve fund
combined with savings of 2% from budgeted expenditures will be needed to address the
overall deficit projection. If the Council wanted a more aggressive approach to reducing
expenses staff can bring back more specific alternatives for your consideration.
RECOMMENDATION
Provide direction on addressing the anticipated shortfall in the FY 08 -09 General Fund
Budget.
Approved By: _-
Donald Penman
City Manager
Exhibit A
FY 08 -09 FY 08 -09
Adopted Estimated %
Budget Actual Change Change
Revenues:
Sales Tax
$9,710,000
$9,252,000
(458,000)
-4.7%
Property Tax
9,180,000
9,205,000
25,000
0.3%
Utility Users Tax
5,301,000
5,267,000
(34,000)
-0.6%
Motor Vehicle License Fee
4,250,000
4,300,000
50,000
1.2%
Transient Occupancy Tax
3,045,000
2,495,000
(550,000)
-18.1%
Franchise Fee
1,100,000
1,020,000
(80,000)
-7.3%
Ambulance Charge
1,100,000
1,000,000
(100,000)
-9.1%
Building Permits
950,000
741,000
(209,000)
-22.0%
Business License Tax
1,015,000
900,000
(115,000)
-11.3%
Plan Check Fee
840,500
582,000
(258,500)
-30.8%
All Others
5,370,345
5,126,790
(243,555)
-4.5%
Total Revenue
$41,861,845
$39,888,790
($1,973,055)
-4.7%
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