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HomeMy WebLinkAboutItem 13a - Gardening and Landscaping Noise Regulations DATE: January 19, 2021 TO: Honorable Mayor and City Council FROM: Jason Kruckeberg, Assistant City Manager/Development Services Director By: Alana Bautista, Management Aide Amy Hsieh, Senior Administrative Assistant SUBJECT: ALLOWABLE HOURS OF OPERATION FOR NOISE RELATED TO GARDENING AND LANDSCAPING IN RESIDENTIAL AREAS Recommendation: Retain Existing Regulations SUMMARY At the November 17, 2020, City Council meeting, the City Council requested a review of noise regulations, specifically the time period permitted to operate any equipment related to gardening and landscaping. Currently, gardening and landscaping services are permitted in the City from 7:00 a.m. to 7:00 p.m. Monday through Saturday, and from 9:00 a.m. to 5:00 p.m. on Sundays. After a close evaluation of the current regulations, a study on neighboring cities' regulations, and based on the very low volume of complaints the City receives regarding this matter, it is recommended that the City retain the existing gardening and landscaping noise regulations. BACKGROUND On September 16, 2008, the City Council approved Text Amendment No. 08-04 amending the Arcadia Municipal Code by adding Section 4630.2 to Article IV (noise regulations) regarding hours of operations for gardeners and landscapers. Prior to this amendment, the Arcadia Municipal Code only addressed the hours of operations for construction, and the City was receiving complaints from residents that gardeners or landscapers were operating equipment before 7:00 a.m. Through the review of this Text Amenment, the Planning Commission recommended revised hours of operation: (7:00 a.m. to 7:00 p.m., Monday through Saturday, and from 9:00 a.m. to 5:00 p.m. on Sundays within all residential zones). On October 7, 2008, the City Council adopted Ordinance No. 2246 and added Section 4630.2 to Article IV of the Arcadia Municipal Code. Section 4630.2 in its entirety reads as follows: "4630.2. NOISE, GARDENING AND LANDSCAPING. No person shall operate any mechanical equipment related to the gardening and/or landscaping of any property Gardening and Landscaping Noise Regulations January 19, 2021 Page 2 of 5 within a residential zone other than from 7:00 a.m. to 7:00 p.m., Monday through Saturday, and from 9:00 a.m. to 5:00 p.m. on Sundays within all residential zones; provided, however, that use of mechanical equipment for tree trimming on Sundays shall be prohibited." DISCUSSION In researching the City Council’s request on this issue, the current volume of complaints was reviewed, as well as the current hours of operation allowed in surrounding cities. The Development Services Department rarely receives complaints about gardeners or landscapers creating a noise nuisance while operating gardening equipment. In fact, the Department only received one complaint regarding gardening noise in 2020, which occurred during the allowed days and times. If a noise nuisance occurs during the City’s normal business hours, a Code Services Officer will conduct an inspection to observe the nuisance at the location provided by the reporting party. If it is determined that the property is in violation of the Municipal Code, general protocols will be followed until the violation is abated. In the event a noise nuisance cannot be fully eliminated, efforts will be made to ensure that the nuisance is minimized to not cause a continued or intolerable disturbance to adjoining neighbors. When a noise nuisance occurs outside of normal business hours, residents are advised to contact the Arcadia Police Department. The Arcadia Police Department conducted a record search for calls regarding loud gardening or landscaping noises between the years 2016 to 2020 and found a total of eight calls regarding this type of nuisance in the last five years. Out of the eight calls, only one was from 2020, and the landscaping noise occurred during the allowed days and time period. Research was also conducted on neighboring cities and their regulations related to this issue. For reference, the chart below shows the permitted gardening and landscaping hours in the Cities of Alhambra, Monrovia, Pasadena, San Gabriel, and San Marino, in comparison to Arcadia. Gardening and Landscaping Noise Regulations January 19, 2021 Page 3 of 5 Although the City of Arcadia has among the most permissive standards for this type of work, the hours are in line with several of our neighboring cities. To provide context to the tables above, it is important to note that the noise standards in the City of Pasadena and San Marino are only applicable to the use of leaf blowers. All other equipment is regulated under the permitted construction hours of those two cities. Similarly, in the cities of Monrovia and San Gabriel, the same noise standard applies to both construction and landscaping work. Additionally, it is important to consider that the regulations for landscaping and gardening noise are not just applicable to commercial sources, such as hired gardening companies. The regulations are also applicable to anyone maintaining their own yard with leaf blowers, edgers, or any other noise producing equipment. Monday to Friday Saturday Sunday Not Permitted Gardening and Landscaping Noise Regulations January 19, 2021 Page 4 of 5 The table below is a comparison of the City's permitted landscaping and construction hours. City of Arcadia Permitted Gardening/Landscaping and Construction Hours Activity Monday - Friday Saturday Sunday Note Gardening and Landscaping 7:00 a.m. - 7:00 p.m. 7:00 a.m. - 7:00 p.m. 9:00 a.m. - 5:00 p.m. Use of mechanical equipment for tree trimming is prohibited on Sundays. Construction 7:00 a.m. - 6:00 p.m. 8:00 a.m. - 5:00 p.m. Prohibited Construction activity is also prohibited on holidays. An option to consider would be further restriction of landscaping hours to coincide with construction hours. This restriction would curtail hours for homeowners to maintain their yards in the evening hours and would prohibit such work on Sundays. The City may also consider adopting a noise ordinance similar to Pasadena and San Marino where leaf blowers along are regulated separately. Based on the very low volume of complaints the City receives regarding this matter, these changes do not seem necessary however, and it is recommended that the City retain the current existing gardening and landscaping noise regulations. If the City Council does choose to modify the Municipal Code on this matter, this change can be included in a set of Text Amendments being prepared to come before the Planning Commission and City Council in the first quarter of 2021. ENVIRONMENTAL ANALYSIS The proposed action does not constitute a project under the California Environmental Quality Act ("CEQA"), and it can be seen with certainty that it will have no impact on the environment. Thus, this matter is exempt under CEQA per Section 15061(b)(3). FISCAL IMPACT There is no fiscal impact expected as a result of any policy change contemplated. RECOMMENDATION It is recommended that the City retain the existing gardening and landscaping noise regulations. Gardening and Landscaping Noise Regulations January 19, 2021 Page 5 of 5 Attachment No. 1: September 16, 2008 Council Meeting Staff Report Packet Attachment No. 2: September 16, 2008 Council Meeting Minutes Attachment No. 3: Arcadia Police Department 2016-2020 Record Search Result Attachment No. 1 50: 0123 CITY COUNCILIREDEVELOPMENT AGENCY REGULAR MEETING MINUTES TUESDAY, SEPTEMBER 16, 2008 CALL TO ORDER Mayor Harbicht called the Special Meeting to order at 5:00 p.m. ROLL CALL OF CITY COUNCIL/REDEVELOPMENTRGENCY MEMBERS: PRESENT: Council/Agency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None STUDY SESSIONlCLOSED SESSION PUBLIC COMMENTS (5 minutes per person} None STUDY SESSION a. Report, discussion and direction regarding proposed Redevelopment Agency Tax Allocation Bond issue. Mr. Penman noted that a few months ago staff discussed with the City Council options for the refunding of the 2001 Redevelopment Tax Allocation Bonds and the issuance of new 2008 Tax Allocation Bonds. He noted that at that meeting, the City Council directed staff to monitor bond market conditions in order to determine if tax-exempt and taxable interest rates improve enough to warrant moving fonvard with a refunding of the 2001 Tax Allocation Bonds and move forward with the issuance of additional bonds to generate taxable new money proceeds for the Redevelopment Agency. Mr. Penman introduced Darryl Street of Fieldman Rolapp & Associates and Kurt Yeager, Stradling, Yocca Carlson and Routh who were present and discussed options for refunding the 2001 Tax Allocation Bonds and Issuing New 2008 Tax Allocation Bonds in addition to the capacity to issue additional Bonds in today's market, the need to fund Housing Fund cumulative obligation, and the use of bond proceeds and Subordination of Statutory Pass-Thru payments and recommendations. Mayor Harbicht suggested that a list be prepared showing the amount of money the Agency currently has, current obligations and what the projected annual obligation would be on the debt with a new bond issue in addition to a list of proposed projects including the cost involved and bring it back to the City Council on October 7'" and the City Council agreed. CLOSED SESSION a. Pursuant to Government Code Section 54956.8 to confer about the Exclusive Residential Waste Hauling Contract. Property: Franchise to Use All City Streets, Alleys and Rights-of-Way 09-16-2008 Attachment No. 2 50:0124 Citv Negotiators: Assistant City Manager/Public Works Services'Directorgnd ' Management Analyst Negotiating Parties: City of Arcadia and Waste Management Inc. (Darrell Kato and Susan Moultan) Under Negotiation: Price and Terms of Payment. b. Pursuant to Government Code Section 54956.8 to confer with real property negotiators: Pro a :Arcadia Par 3 Goif Course (620 E. Live Oak Avenue, Arcadia] City Negotiators: Assistant City ManagerlPublic Works Services Director and City Attomey Negotiating Parties: City of Arcadia and American Golf Corporation (Paul Ballam and Scott Thompson, Esq.) Under Negotiation: Price and Terms of Payment RECONVENE CITY COUNCILIREDEVELOPMENT AGENCY MEETING TO OPEN SESSION Mayor Harbicht called the Regular Meeting to order in the Council Chamber at 7:10 p.m. INVOCATION Reverend Raymond Petzholt, Mandarin Baptist Church PLEDGE OF ALLEGIANCE Assistant City Manager/Public Works Services Director Pat Malloy ROLL CALL OF CITY COUNCILIREDEVELOPMENTRGENCY MEMBERS: PRESENT: CouncillAgency Member Amundson, Chandler, Kovacic, Wuo and Harbicht ABSENT: None REPORT FROM CITY ATTORNEYIAGENCY COUNSEL ON STUDY SESSIONICLOSED SESSION ITEMS City Attorney Steve Deitsch reported that the Redevelopment Agency Board conducted a Study Session concerning a proposed Redevelopment Agency Tax Allocation Bond issue and directed staff to come back with additional information at a Study Session to be held on October 7, 2008. In addition, Mr. Deifsch reported that the City Council met in Closed Session to consider the two 2) items listed on the posted Notice of Special Meeting agenda, no reportable action was taken. SUPPLEMENTAL INFORMATION FROM CITY MANAGER/EXECUTIVE DIRECTOR REGARDING AGENDA ITEMS Mr. Penman noted a change made to Ordinance No. 2246 which was distributed to the City Council and will be addressed under Public Hearing Item 1.b relating to gardeners and landscapers. 09-16-2008 50: 0125 MOTION TO READ ALL ORDINANCES AND RESOLUTIONS BY TITLE ONLY AND WAIVE THE READING IN FULL A motion was made by Council/Agency Member Chandler, seconded by Mayor Pro Tem Wuo and carried on roll call vote to read all ordinances and resolutions by title only and waive the reading in full. 1. PUBLIC HEARING CITY COUNCIL ITEMS: a. Resolution No. 6644 aoprovino aTax-Exempt Bond Financing to be issued by Recommended Action: Adopt City Manager Don Penman reported that on April 1, 2008, the City Council conducted a public hearing and adopted Resolution No. 6617 approving tax-exempt bond financing to be issued by the California Statewide Communities Development Authority (CSCDA) to benefit Methodist Hospital in the amount of $280,000,000 to upgrade existing facilities and a new North Tower. He further reported that since that time, Methodist Hospital has increased the borrowing amount to $330,000,000 due to changed conditions in the financing market, an increase in estimated project costs and a decision to increase borrowing to 100% of the project's costs. He noted that the newly proposed financing again requires the approval of the elected body of the governmental entity having jurisdiction over the area where the project to be financed is located. He further noted that the City is merely required to express support of CSCDA's issuance of the bonds to finance the capital improvements and that the City does not have any financial or legal responsibility in this action and recommended adoption of Resolution No. 6644. Mayor Harbicht opened the public hearing. A motion to close the public hearing was made by Council Member Chandler, seconded by Council Member Kovacic and seeing no further objection, the Mayor declared the public hearing closed. It was moved by Council Member Kovacic, seconded by Council Member Amundson and carried on roll call vote to adopt Resolution No. 6644 approving aTax-Exempt Bond Financing to be issued by the California Statewide Communities Development Authority to benefit Methodist Hospital of Southern California. AYES:Council Member Kovacic, Chandler, Amundson, Wuo and Harbicht NOES:None ABSENT:None a. 09-16-2008 50: 0126 Jason Kruckeberg, Development Services Director reported that 12 text amendments were being proposed and are considered clean-up and streamlining of current ordinances. He noted that the text amendments were based primarily on staff and Planning Commission experiences and are designed to provide efficiency in the City's land use regulations. Jim Kasama, Community Development Administrator noted that 11 of the 12 text amendments are zoning regulations, one is a noise related regulation which establishes the hours of operation for gardeners and landscapers to operate lawn mowers and leaf blowers. Mr. Kasama further noted that a proposed change relates to tree trimming equipment and hours of operation is being proposed. He reported that the Planning Commission has considered the proposed text amendments and recommended one change to the hours of operations for gardeners and landscapers. Mr. Kasama provided a summary of the proposed changes relating to: entry ,requirements, accessory buildings, driveways, corner lots-indentation/projection requirements, exterior lighting in single family and multi-family residential zones, equipment and facilities, nonconforming uses and structures, fence regulations in residential zones, prohibiting health clubs in the M-1 and M-2 zones, off-street parking requirements for health clubs, hours of operation for gardeners and landscapers and items being proposed to the Administrative Modification list which are not subject to a hearing, but require the consent of adjoining neighbors. Mr. Kasama recommended introduction of Ordinance No. 2246 relating to the hours of operation for gardeners and landscapers and adding various sections to the zoning regulations and general provisions. Mayor Harbicht opened the public hearing. A motion to close the public hearing was made by Mayor Pro Tem Wuo, seconded by Council Member Chandler and seeing no further objection, the Mayor declared the public hearing closed. It was moved by Council Member Chandler, seconded by Mayor Pro Tem Wuo and carried on roll call vote to Introduce Ordinance No. 2246 amending the Arcadia Municipal Code by adding a new Section 4630.2 to Article IV (Noise Regulations) regarding hours of operation for gardeners and landscapers and amending and adding various Sections to Article IX (Zoning Regulations and General Provisions) with recommended revision regarding tree trimming hours of operation on Sundays. AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht NOES: None ABSENT: None c. Introduce Ordinance No 2247 amendino Sections 9250 3 6 9251 2 6 ar the Arcadia Municipal Code reoardino single-family residential ga reouirements. Recommended Action: Introduce Jason Kruckeberg, Development Services Director noted that the City Council previously expressed concern that current single-family garage parking requirements were inadequate for the larger homes being built and has caused concern because inadequate parking results in numerous vehicles being parked in the driveway or on the street. 09-16-2008 4 50: 0127 Jim Kasama, Community Development Administrator explained that the current code requires a 2 car garage for a new or rebuilt single-family dwelling with up to four bedrooms and a three car garage with flue or more bedrooms. He noted that a three car garage is the most that is required regardless of the number of bedrooms or total square footage of the house and the proposed text amendment will require garage parking to be provided at a rate of one space for every two bedrooms in the main dwelling with a minimum of two spaces required and provided a definition of a bedroom for the purpose of calculating the parking requirement. He further noted that the amendments include a requirement that the garage parking spaces have minimum clear interior dimensions of 10 feet wide by 20 feet long and remain free of obstructions. He commented that in staffs opinion the proposed Text Amendment will address the inadequacies of the single-family garage parking requirements but will not address how residents actually utilize their covered parking and recommended introduction of Ordinance No. 2247. Mayor Harbicht opened the public hearing. Mario Duron appeared and spoke in support of the proposed text amendment regarding single- family residential garage parking requirements and recommended that the garage size be considered to accommodate larger vehicles. Robert Tong, Architect/Designer in Arcadia appeared and suggested that the City base the number of garage spaces on the square footage of the home instead of the number of bedrooms and suggested the City consider excluding rooms that are not bedrooms. A motion to close the public hearing was made by Council Member Chandler, seconded by Mayor Pro Tem Wuo and seeing no further objection, the Mayor declared the public hearing closed. It was moved by Mayor Harbicht, seconded by Council Member Chandler and carried on roll call to continue the public hearing to October 21, 2008 and bring back suggested recommendations regarding single family residential garage parking. AYES:Council Member Harbicht, Chandler, Amundson, Kovacic and Wuo NOES:None ABSENT:None PUBLIC COMMENTS Stella Ross appeared and spoke regarding issues relating to her homeowner association and recommended that the City oversee homeowner associations in town. She also suggested a children's book contest with their stories bound in a book. Mario Duron appeared and spoke about the lack of parking at the Bowling Square on Baldwin Avenue. He thanked the City for putting two speed limit signs on his street and noted that he received a ticket for not completely stopping at First Avenue and Genoa and requested the City check the stop sign line because he felt that it is too far back. REPORTS FROM THE MAYOR, CITY COUNCIL AND CITY CLERK Council Member Chandler noted that at the last City Council meeting he reported that the police apprehended four burglary suspects in the Cambridge/Harvard/Stanford areas and that they were all repeat parolees offenders and tomorrow is the preliminary hearing. He reported that 09-16-2008 5 50: 0128 today, the Police Department received a call that a couple was knocking on doors saying their 1dogwaslostandcouldtheycheckthebackyardfortheirdogandreportedthatallthree individuals were taken into police custody and they had criminal records; the police recovered jewelry, foreign currency, gloves and items used in burglaries. He again urged residents to call the police if suspicious activity is suspected in your neighborhood. Mayor Pro Tem Wuo announced that he attended the Harvest Moon Festival at the County Park; he noted he has recently been receiving calls from residents who have violated the Code or received citations and urged residents to go through the building or planning process when hiring contractors. Council Member Amundson announced that the Elks Club had an appreciation luncheon for the Police Department; he met and welcomed three of the four new Arcadia police officers and also commented on the police website; he noted that an item is on the agenda to put holiday decorations upon Huntington Drive between Santa Clara and Fifth Avenue and thanked staff for that. He announced that Monday, September 22 is the Taste of Arcadia and encouraged everyone to attend; he noted that September is National Preparedness Month and urged everyone to be prepared and further noted that the City's Action brochure has a list of items needed in the event of an emergency. Council Member Kovacic thanked Stella Ross for discussing the book contest; he announced the Historical Museum Society will be having a creative expression contest this year, the theme will be "History Lives Here" and will be open to all elementary, middle school and high school students in Arcadia. He noted that they will be asked to submit essays, poems and artwork or performances and cash prizes will be given out and he encouraged all students to participate. In response to City Council request, Deputy Fire Chief Dave Haney explained that on September 5, the State Office of Emergency Services came to Fire Headquarters and presented the Arcadia Fire Department with a new State Emergency Fire Truck No. 343 which represents the 343 firefighters that died on 9-11 and discussed the new Fire Department Headquarters Open House on Santa Anita. City Clerk Barrows reported that his personal vehicle recently caught on fire due to a possum nest on the engine block and thanked the Police and Fire Departments for responding. Mayor Harbicht encouraged residents to attend the Fire Department Headquarters Open House and he announced that the new Fire Department received the Design Award from the Pasadena Foothill Chapter of the American Institute of Architects. CONSENT CALENDAR REDEVELOPMENT AGENCY ITEMS: Approve the Regular Meeting Minutes of August 19 and September 2 2008 Recommended Action: Approve b. 09-16-2008 Recommended Action: Approve 50: 0129 1 CITY COUNCIL ITEMS: c. Approve the Regular Meeting Minutes of August 19 and September 2, 2008. Recommended Action: Approve d. Adopt Resolution No. 6645 approving Residential-Mountainous Development Permit No. RM 08-01. Architectural Design Review and Waivers of Conditions No. 3.8 and No. 3.11 of Citv Council Resolution No. 5274 for an open and uncovered hillside deck and patio lights at 383 Torrey Pines Drive. Recommended Action: Adopt e. f. Authorize the Citv Manager to execute a contract with Steinv & Co.. Inc. for the Recommended Action: Approve C g. Award aone-year (1) extension to the Professional Services Agreement between the Citv of Arcadia and Joe A. Gonsalves and Son for State Legislative Advocacy Services. Recommended Action: Approve Council Member Kovacic requested 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 on the City Council/Agency Consent Calendar. AYES:Council Member Chandler, Amundson, Kovacic, Wuo and Harbicht NOES:None ABSENT:None In response to Council Member Kovacic's inquiry regarding Consent Calendar Item 2.g, Mr. Penman explained the purpose and benefit provided to the City from Gonsalves and Son for State Legislative Advocacy Services. A motion was made by Council/Agency Member Kovacic seconded by Council/Agency Member Chandler and carried on roll call vote to approve items 2.g on the City Council/Agency Consent Calendar. AYES: Council Member Kovacic, Chandler, Amundson, Wuo and Harbicht NOES: None ABSENT: None 09-16-2008 7 50: 0130 3. CITY MANAGER a. Inclusion of the Citv of Pasadena as a Member of the Foothill Transit Joint Power Authority. Recommended Action: Discuss and provide comments Linda Hui, Transportation Services Manager reported that the Foothill Transit Joint Power Authority (JPA) Governing Board voted to extend an invitation to the City of Pasadena to join the JPA. She further reported that any addition to the JPA membership requires a change in the governing structure and a unanimous ratification by all member organization. She noted that the JPA is accepting comments until October 1, 2008 from each member organization regarding the proposed addition to Cluster 3 which the City of Arcadia is part of. It was the consensus of the City Council to include the City of Pasadena as a member of the Foothill Transit Joint Power Authority which will be transmitted to the JPA on or before October 1, 2008. b. Adopt Interim Uroencv Ordinance No. 2248 establishing a moratorium on the Recommended Action: Introduce and Adopt Mr. Penman reported that due to legal uncertainties between Federal and California laws regarding medical marijuana dispensaries, staff recommended that the City Council consider adopting an urgency ordinance establishing a moratorium on the establishment and operation of medical marijuana dispensaries. He noted that there is sufficient information to justify the urgency moratorium. Police Chief Sanderson noted that there has been a rise in Part I Crimes in cities that allow medical marijuana dispensaries and reported that there has been a 200% increase in robberies, 52% increase in burglaries, 57% increase in aggravated assaults, and 130% in burglaries from automobiles, an increase in drug violations, driving under the influence arrests, traffic accidents, fraud, simple assaults, weapons violations, vagrancy, loitering including negative effects on surrounding businesses, residential neighborhoods and the public due to the heavy odor of marijuana, secondary smoke, heavy traffic, hours of operation for the dispensaries from 10:00 a.m. to midnight, seven days a week, dispensary customers disturbing the neighborhood and criminal profiteering. He reported that in 2006, marijuana sales reached a $13 billion dollar height up from the year before which was $1.6 billion dollars and in California went up over $11 billion dollars. He noted that due to the conflict between State and Federal Law and the secondary impacts of crime associated with medical marijuana dispensaries, staff believes that it should study the potential impacts of the operation of medical marijuana dispensaries in order to protect the health, safety and welfare of the citizens of Arcadia and that a moratorium should be placed on the establishment and operation of medical marijuana dispensaries. He further noted that as of February 2007, 70 cities and 6 counties in California have moratoriums on medical use of marijuana, 38 cities and 5 counties have banned the use of medical marijuana and 24 cities and 7 counties have established ordinances regulating the use of medical marijuana and recommends that the City Council adopt interim urgency Ordinance No. 2248 establishing a moratorium on the establishment and operation of medical marijuana ' dispensaries pursuant to Government. Code Section 65858 for a period of 45 days and requires a 4/5 vote and if at the conclusion of the 45 days it is determined that further study is needed, the City Council may extend that time period at a future public hearing. 09-16-2008 50: 0131 It was moved by Mayor Pro Tem Wuo seconded by Council Member Amundson and carried on roll call vote to introduce and adopt Interim Urgency Ordinance No. 2248 establishing a moratorium on the establishment and operation of Medical Marijuana Dispensaries pursuant to Government Code Section 65858. AYES: Council Member Wuo, Amundson, Chandler, Kovacic and Harbicht NOES: None ABSENT: None c. Report, discussion and direction concerning contract language regarding compliance with the Immigration Reform and Control Act for City contractors. Recommended Action: Provide direction Mr. Penman reported that at the September 2, 2008 City Council meeting, staff presented information at the request of the City Council, regarding verification of employment eligibility status of City employees and persons who are employed by contractors who do work for the City. He further reported that the City Council then directed staff to prepare language that could be inserted in all contracts that provide services to the City regarding compliance with federal and state immigration laws. Mr. Penman provided language prepared by the City Attorney that responds to the City Council's request. It was moved by Council Member Amundson, seconded by Mayor Harbicht and carried on roll call vote to include compliance with the Immigration Reform and Control Act language in all City contracts and agreements. AYES: Council Member Amundson, Harbicht, Chandler, Kovacic and Wuo NOES: None ABSENT: None Consideration of waiver of Arcadia Redevelopment Aoencv Resolution No. 172 to~ermit vehicle storage and parking at 21 Morlan Place and automobile related uses at 37 West Huntington Drive. Recommended Action: Approve Jason Kruckeberg, Development Services Director reported that the Redevelopment Agency has been working with Rusnak Mercedes on a land assembly and redevelopment project for some time that would provide expansion opportunities for Rusnak onto 21 Morlan Place and 37 W. Huntington Drive for additional parking. He further reported that the proposal for 21 Morlan Place is to use the lot as vehicle storage and parking for Rusnak automobiles including vehicles that are being serviced and will be closely coordinated with the Church in Arcadia to avoid any impacts to the Church as long as they remain on the site; and the proposal for 37 W. Huntington Drive is to utilize a portion of the storage building for the storage of auto parts for Rusnak and would be for storage purposes only. Mr. Kruckeberg explained the purpose of the waiver of Redevelopment Agency Resolution No. 172 to permit vehicle storage and parking at 21 Morlan Place and automobile related uses at 37 W. Huntington Drive and recommends approval to move forward with the process. He noted that the parking at the Church site would need a Conditional Use Permit which would be heard by the Planning Commission and the use of the storage building would also need to go through the Planning Commission process and since the proposed uses are compatible with the surrounding area and be compatible with the City's goal for this portion of the Redevelopment Area he recommends approval. 09-16-2008 9 50: 0132 It was moved by Council Member Chandler, seconded by Mayor Pro Tem Wuo and carried on roll call vote to approve a waiver of Arcadia Redevelopment Agency Resolution No. 172 to permit vehicle storage and parking at 21 Morlan Place and auto related uses at 37 W. Huntington Drive. AYES: Council Member Chandler, Wuo, Amundson, Kovacic and Harbicht NOES: None ABSENT: None ADJOURNMENT The City Council/Redevelopment Agency adjourned this meeting in memory of Jayne Vento Bellin at 9:20 p.m. to October 7, 2008, 6:00 p.m. in the City Council Chamber Conference Room located at 240 W. Huntington Drive, Arcadia. Robert C. Harbicht, Mayor ATTEST: G James H. 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